NORTH YORKSHIRE COUNTY COUNCIL
NOTICE OF URGENT ITEM AND CALL IN EXEMPTION
Access to Information Procedure Rules 16 and 19
Overview and Scrutiny Procedure Rule 16
Department for Transport
Capability Fund 2021/22
To the Chairman of the Transport, Economy and Environment Services
Overview and Scrutiny Committee and
the Chairman of North Yorkshire County Council
Under Access to
Information Procedure Rule 19.1:
Where:
·
an individual
member of the Executive receives a report which he/she intends to
take into account in making any executive decision;
or
·
an Officer (either
alone or in consultation with an Executive Member) receives a
report which he/she intends to take into account in making any key
decision,
then (subject to Rule 16) he/she will not make the decision until
at least five clear days after receipt of that report.
If those timescales
cannot be met, then the special urgency procedure in Access to
Information Procedure Rule 16 should be followed.
Under Access to
Information Procedure Rule 16:
16.1 Where the date by which a decision must be made makes
compliance with Rule 15 (general exception) impracticable, then the
decision can only be made if the decision maker (if an individual)
or the Chairman of the body making the decision, obtains the
written agreement of the Chairman of a relevant overview and
scrutiny committee that the making of the decision is urgent and
cannot reasonably be deferred. If there is no Chairman of a
relevant overview and scrutiny committee, or if the Chairman of the
relevant overview and scrutiny committee is unable to act, then the
agreement of the Chairman of the Council, or in his/her absence the
Vice-Chairman will suffice.
16.2 As soon as reasonably practicable after the decision maker has
obtained agreement under Rule 16.1 above, s/he must make available
at the Council’s offices a notice setting out the reasons why
the meeting is urgent and cannot reasonably be deferred and publish
the notice on the Council’s website.
The County Council’s Constitution
further provides that where the call-in procedure would otherwise
apply to an executive decision, it shall not apply where the
decision being taken is urgent, if an urgency procedure is
followed.
Under Overview and Scrutiny Procedure Rule
16:
(h) The call-in procedure set out above shall not apply where the
decision being taken by the Executive is urgent. A decision will be
urgent if any delay likely to be caused by the call in process
would seriously prejudice the Council’s or the public
interest. The Chairman of the council must agree both that
the decision proposed is reasonable in all the circumstances and to
it being treated as a matter of urgency. In the absence of the
Chairman, the Vice-Chairman’s consent shall be required. In
the absence of both, the Head of Paid Service or his/her
nominee’s consent shall be required. Decisions taken as a
matter of urgency must be reported to the next available meeting of
the Council, together with the reasons for urgency.
It is anticipated
that on 31 August 2021 a report regarding the acceptance of an
offer of funding from the new Capability Fund from the Department
for Transport will be considered by the Executive Member for
Access, in consultation with the Corporate Director Business and
Environmental Services, the Corporate Director Strategic Resources
and the Assistant Chief Executive (Legal and Democratic
Services).
The intention to
make this decision has been published on the Forward Plan, however
it has not been possible to publish the report on which the
decision will be based at least five clear working days in advance
of the decision being taken. It is therefore necessary to follow
the Special Urgency procedure in Access to Information Procedure
Rule 16 and to seek to exempt call in so the decision can be
implemented immediately after it is taken.
This matter requires an
urgent decision by the Executive Member for Access on 31 August
2021, and cannot reasonably be deferred, to enable the timely
consideration and progress of this matter and to comply with
project deadlines: the grant acceptance form must be returned to
the DfT by 3 September 2021.
The Council therefore
needs to progress this matter within a short timeframe. As a
consequence of the urgency of the timescales, the matter would not
be able to comply with the call in period requirements. Overview
and Scrutiny Procedure Rule 16 enables matters to be determined on
an urgency basis and be exempt from call-in, where any delay likely
to be caused by the call-in process would seriously prejudice the
Council’s or the public interest. It is suggested that that
would be the case in this matter.
To the Chairman
of the Transport, Economy and Environment Services Overview and
Scrutiny Committee: in accordance with the provisions in the
Access to Information Procedure Rules, I am, therefore, informing
you as the Chairman of the relevant Overview and Scrutiny
Committee, that it is intended that this matter be considered by
the Executive Member for Access on 31 August 2021 and I am seeking
your agreement that the meeting and the making of the decision is
urgent and cannot reasonably be deferred beyond this timeframe. If
you agree that the meeting and the making of the decision is urgent
and cannot reasonably be deferred and that this item should be
considered on 31 August 2021, will you please confirm by email as
soon as possible.
To the Chairman
of North Yorkshire County Council: in accordance with the
provisions in Overview and Scrutiny Procedure Rule 16(h), I am
seeking your agreement that the decision proposed is reasonable in
all the circumstances and to it being treated as a matter of
urgency (where any delay likely to be caused by the call in process
would seriously prejudice the Council’s or the public
interest) and that the call-in procedure should therefore not apply
to the decision. If you agree that the decision proposed is
reasonable in all the circumstances and to it being treated as a
matter of urgency and the call-in process not applying, and that
this item should be considered on 31 August 2021, will you please
confirm by email as soon as possible.
BARRY KHAN
Assistant Chief
Executive (Legal and Democratic Services)
Dated: 26 August
2021
I agree, for the
reasons stated in this notice, that the meeting and the making of
this decision is urgent and cannot reasonably be deferred and that
this item should be considered on 31 August 2021
Signed
County Councillor Stanley Lumley
Date
26 August 2021
Chairman of the
Transport, Economy and Environment Services Overview and
Scrutiny Committee
I agree, for the reasons
stated in this notice, that the decision proposed is reasonable in
all the circumstances, to it being treated as a matter of urgency
and exempt from call-in and that this item should be considered on
31 August 2021.
Signed
County Councillor Stuart Martin
Date 27 August 2021
Chairman of North
Yorkshire County Council
</AI1>
<TRAILER_SECTION>
</TRAILER_SECTION>
<LAYOUT_SECTION>
FIELD_TITLE
To [the
Chairman of the [insert name] Overview and Scrutiny
Committee/Chairman of the Authority/Vice-chairman of the Authority
– delete as appropriate]
and
the [Chairman of North Yorkshire County
Council/Head of Paid Service/Delegated Officer – delete as
appropriate]
The County Council’s Constitution provides
that if a matter which is likely to be a key decision has not been
included on the Council’s Forward Plan for the requisite
period, the decision may still be taken if an urgency procedure is
followed.
Under Access to Information Procedure Rule
16:
16.1 Where the date by which a decision
must be made makes compliance with Rule 15 (general exception)
impracticable, then the decision can only be made if the decision
maker (if an individual) or the Chairman of the body making the
decision, obtains the written agreement of the Chairman of a
relevant overview and scrutiny committee that the making of the
decision is urgent and cannot reasonably be deferred. If there is
no Chairman of a relevant overview and scrutiny committee, or if
the Chairman of the relevant overview and scrutiny committee is
unable to act, then the agreement of the Chairman of the Council,
or in his/her absence the Vice-Chairman will suffice.
16.2 As soon as reasonably practicable
after the decision maker has obtained agreement under Rule 16.1
above, s/he must make available at the Council’s offices a
notice setting out the reasons why the meeting is urgent and cannot
reasonably be deferred and publish the notice on the
Council’s website.
The County
Council’s Constitution further provides that where the
call-in procedure would otherwise apply to an executive decision,
it shall not apply where the decision being taken is urgent,
if an urgency procedure is
followed.
Under Overview
and Scrutiny Procedure Rule 16:
(h) The call-in procedure set out above
shall not apply where the decision being taken by the Executive is
urgent. A decision will be urgent if any delay likely to be caused
by the call in process would seriously prejudice the
Council’s or the public interest. The Chairman of the
council must agree both that the decision proposed is reasonable in
all the circumstances and to it being treated as a matter of
urgency. In the absence of the Chairman, the Vice-Chairman’s
consent shall be required. In the absence of both, the Head of Paid
Service or his/her nominee’s consent shall be required.
Decisions taken as a matter of urgency must be reported to the next
available meeting of the Council, together with the reasons for
urgency.
It is anticipated that on FIELD_DUE_DATE a
report regarding FIELD_ISSUE_SUMMARY will be considered by FIELD_DMTITLE.
The intention to make this key decision [has/has not – delete as
appropriate] been published on the Forward Plan for the
requisite 28 clear day period.
This matter requires an urgent decision by
FIELD_DMTITLE on FIELD_DUE_DATE,
and cannot reasonably be deferred, to enable the timely consideration and progress of
this matter and FIELD_USE_URGENCY_EXPLAIN and reasons for
excluding the call in period]. The Council therefore needs to progress this matter
within a short timeframe. As a consequence of the urgency of the
timescales, the matter cannot be subject to the call in period.
Overview and Scrutiny Procedure Rule 16 enables matters to be
determined on an urgency basis and be exempt from call-in, where
any delay likely to be caused by the call-in process would
seriously prejudice the Council’s or the public
interest.
To the Chairman of
the [insert name] Overview and Scrutiny Committee/Chairman of the
Authority/Vice-chairman of the Authority – delete as
appropriate]: in accordance with
the provisions in the Access to Information Procedure Rules, I am,
therefore, informing you as the [Chairman of the relevant Overview and Scrutiny
Committee/Chairman of the Authority/Vice-chairman of the Authority
– delete as appropriate], that it is intended that
this matter be considered by FIELD_DMTITLE on FIELD_DUE_DATE and
I am seeking your agreement that the meeting and the making of the
decision is urgent and cannot reasonably be deferred beyond this
timeframe. If you agree that the meeting and the making of the
decision is urgent and cannot reasonably be deferred and that this
item should be considered on FIELD_DUE_DATE,
will you please confirm by email as soon as possible.
To the [Chairman of
North Yorkshire County Council/Head of Paid Service/Delegated
Officer – delete as appropriate]:
in
accordance with the provisions in Overview and Scrutiny Procedure
Rule 16(h), I am seeking your agreement that the decision proposed
is reasonable in all the circumstances and to it being treated as a
matter of urgency (where any delay likely to be caused by the call
in process would seriously prejudice the Council’s or the
public interest) and that the call-in procedure should therefore
not apply to the decision. If you agree that the decision proposed
is reasonable in all the circumstances and to it being treated as a
matter of urgency and the call-in process not applying, and that
this item should be considered on FIELD_DUE_DATE,
will you please confirm by email as soon as possible.
BARRY KHAN
Assistant Chief Executive (Legal and Democratic
Services)
Dated: FIELD_ISSUE_FIRST_PUBLIC_PUB
I agree, for the reasons stated in this notice, that
the meeting and the making of this decision is urgent and cannot
reasonably be deferred and that this item should be considered
on FIELD_DUE_DATE.
Signed [insert name of County
Councillor] Date
FIELD_ISSUE_FIRST_PUBLIC_PUB
[Chairman of the [insert
name] Overview and Scrutiny
Committee/Chairman of the Authority/Vice-chairman of the Authority
– delete as appropriate]
I agree, for the reasons stated in this notice, that
the decision proposed is reasonable in all the circumstances, to it
being treated as a matter of urgency and exempt from call-in and
that this item should be considered on FIELD_DUE_DATE.
Signed [insert name] Date
FIELD_ISSUE_FIRST_PUBLIC_PUB
[Chairman of North Yorkshire
County Council/Head of Paid Service/Delegated Officer –
delete as appropriate]
</LAYOUT_SECTION>
<TITLE_ONLY_LAYOUT_SECTION>
FIELD_TITLE
To [the
Chairman of the [insert name] Overview and Scrutiny
Committee/Chairman of the Authority/Vice-chairman of the Authority
– delete as appropriate]
and
the [Chairman of North Yorkshire County
Council/Head of Paid Service/Delegated Officer – delete as
appropriate]
The County Council’s Constitution provides
that if a matter which is likely to be a key decision has not been
included on the Council’s Forward Plan for the requisite
period, the decision may still be taken if an urgency procedure is
followed.
Under Access to Information Procedure Rule
16:
16.1 Where the date by which a decision
must be made makes compliance with Rule 15 (general exception)
impracticable, then the decision can only be made if the decision
maker (if an individual) or the Chairman of the body making the
decision, obtains the written agreement of the Chairman of a
relevant overview and scrutiny committee that the making of the
decision is urgent and cannot reasonably be deferred. If there is
no Chairman of a relevant overview and scrutiny committee, or if
the Chairman of the relevant overview and scrutiny committee is
unable to act, then the agreement of the Chairman of the Council,
or in his/her absence the Vice-Chairman will suffice.
16.2 As soon as reasonably practicable
after the decision maker has obtained agreement under Rule 16.1
above, s/he must make available at the Council’s offices a
notice setting out the reasons why the meeting is urgent and cannot
reasonably be deferred and publish the notice on the
Council’s website.
The County
Council’s Constitution further provides that where the
call-in procedure would otherwise apply to an executive decision,
it shall not apply where the decision being taken is urgent,
if an urgency procedure is
followed.
Under Overview
and Scrutiny Procedure Rule 16:
(h) The call-in procedure set out above
shall not apply where the decision being taken by the Executive is
urgent. A decision will be urgent if any delay likely to be caused
by the call in process would seriously prejudice the
Council’s or the public interest. The Chairman of the
council must agree both that the decision proposed is reasonable in
all the circumstances and to it being treated as a matter of
urgency. In the absence of the Chairman, the Vice-Chairman’s
consent shall be required. In the absence of both, the Head of Paid
Service or his/her nominee’s consent shall be required.
Decisions taken as a matter of urgency must be reported to the next
available meeting of the Council, together with the reasons for
urgency.
It is anticipated that on FIELD_DUE_DATE a
report regarding FIELD_ISSUE_SUMMARY will be considered by FIELD_DMTITLE.
The intention to make this key decision [has/has not – delete as
appropriate] been published on the Forward Plan for the
requisite 28 clear day period.
This matter requires an urgent decision by
FIELD_DMTITLE on FIELD_DUE_DATE,
and cannot reasonably be deferred, to enable the timely consideration and progress of
this matter and FIELD_USE_URGENCY_EXPLAINand reasons for
excluding the call in period]. The Council therefore needs to progress this matter
within a short timeframe. As a consequence of the urgency of the
timescales, the matter cannot be subject to the call in period.
Overview and Scrutiny Procedure Rule 16 enables matters to be
determined on an urgency basis and be exempt from call-in, where
any delay likely to be caused by the call-in process would
seriously prejudice the Council’s or the public
interest.
To the Chairman of
the [insert name] Overview and Scrutiny Committee/Chairman of the
Authority/Vice-chairman of the Authority – delete as
appropriate]: in accordance with
the provisions in the Access to Information Procedure Rules, I am,
therefore, informing you as the [Chairman of the relevant Overview and Scrutiny
Committee/Chairman of the Authority/Vice-chairman of the Authority
– delete as appropriate], that it is intended that
this matter be considered by FIELD_DMTITLE on FIELD_DUE_DATE and
I am seeking your agreement that the meeting and the making of the
decision is urgent and cannot reasonably be deferred beyond this
timeframe. If you agree that the meeting and the making of the
decision is urgent and cannot reasonably be deferred and that this
item should be considered on FIELD_DUE_DATE,
will you please confirm by email as soon as possible.
To the [Chairman of
North Yorkshire County Council/Head of Paid Service/Delegated
Officer – delete as appropriate]:
in
accordance with the provisions in Overview and Scrutiny Procedure
Rule 16(h), I am seeking your agreement that the decision proposed
is reasonable in all the circumstances and to it being treated as a
matter of urgency (where any delay likely to be caused by the call
in process would seriously prejudice the Council’s or the
public interest) and that the call-in procedure should therefore
not apply to the decision. If you agree that the decision proposed
is reasonable in all the circumstances and to it being treated as a
matter of urgency and the call-in process not applying, and that
this item should be considered on FIELD_DUE_DATE,
will you please confirm by email as soon as possible.
BARRY KHAN
Assistant Chief Executive (Legal and Democratic
Services)
Dated: FIELD_ISSUE_FIRST_PUBLIC_PUB
I agree, for the reasons stated in this notice, that
the meeting and the making of this decision is urgent and cannot
reasonably be deferred and that this item should be considered
on FIELD_DUE_DATE.
Signed [insert name of County
Councillor] Date
FIELD_ISSUE_FIRST_PUBLIC_PUB
[Chairman of the [insert
name] Overview and Scrutiny
Committee/Chairman of the Authority/Vice-chairman of the Authority
– delete as appropriate]
I agree, for the reasons stated in this notice, that
the decision proposed is reasonable in all the circumstances, to it
being treated as a matter of urgency and exempt from call-in and
that this item should be considered on FIELD_DUE_DATE.
Signed [insert name] Date
FIELD_ISSUE_FIRST_PUBLIC_PUB
[Chairman of North Yorkshire
County Council/Head of Paid Service/Delegated Officer –
delete as appropriate]
</TITLE_ONLY_LAYOUT_SECTION>
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