NORTH YORKSHIRE COUNTY COUNCIL

NOTICE OF URGENT ITEM

Access to Information Procedure Rule 15 – General Exception

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Contract Extensions for the provision of Property Hard Facilities Management Services

To Members of the Corporate & Partnerships Overview and Scrutiny Committee

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 15:

15.1     If the publication of the intention to make a key decision is impracticable and a matter which is likely to be a key decision has not been included in the forward plan for the requisite period as set out in Rule 13.2, then subject to Rule 16 (special urgency), the decision may still be taken if: 

(a)   the Assistant Chief Executive (Legal and Democratic Services) has informed the Chairman of a relevant overview and scrutiny committee, or if there is no such person, each member of that committee by notice in writing, of the matter about which the decision is to be made;

(b)   the Assistant Chief Executive (Legal and Democratic Services) has made copies of that notice available to the public at the offices of the Council and on the Council’s website; and

(c)   at least five clear days have elapsed following the day on which the Assistant Chief Executive (Legal and Democratic Services) complied with (a) and (b).

15.2     As soon as reasonably practicable after the Assistant Chief Executive (Legal and Democratic Services) has complied with (a) to (c) above, s/he must make available at the Council’s offices a notice setting out the reasons why compliance with Rule 13.2 is impracticable and publish that notice on the Council’s website.

It is anticipated that on 18 October 2021, the Assistant Director Strategic Resources will consider a report seeking to extend the Hard Facilities Management Services Contracts as per the option to extend clauses within the Contracts for the following contracts:

· Mechanical Equipment and Plant: Servicing and Responsive Maintenance

· Lifts: Servicing and Responsive Maintenance

· Automatic Doors: Inspection and Responsive Maintenance

· Chimneys, Lighting Conductors and other High Access Structures: Inspections and Maintenance

· Water Hygiene: Risk Assessment and Monitoring

· Fire Equipment: Inspection and Supply

· Asbestos Analysis

· Asbestos Abatement

· PE and External Play Equipment: Inspection and Minor Repair

The intention to make the key decision was published on the Forward Plan in time for the full, requisite 28 clear day period, but due to an administrative error the original entry was removed for a number of days.  It has since been re-added to the Forward Plan.

This matter requires a decision by the Assistant Director Strategic Resources on 18 October 2021 and cannot reasonably be deferred, to enable the timely consideration and progress of this matter.

In accordance with the General Exception provisions in Access to Information Procedure Rule 15, I am, therefore, informing you as members of the relevant Overview and Scrutiny Committee that it is intended that this matter be considered by the Assistant Director Strategic Resources on 18 October 2021.

BARRY KHAN

Assistant Chief Executive (Legal and Democratic Services)

Dated: 1 October 2021

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To [the Chairman of the [insert name] Overview and Scrutiny Committee/Members of the [insert name] Overview and Scrutiny Committee – 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 15:

15.1 If the publication of the intention to make a key decision is impracticable and a matter which is likely to be a key decision has not been included in the forward plan for the requisite period as set out in Rule 13.2, then subject to Rule 16 (special urgency), the decision may still be taken if: 

(a) the Assistant Chief Executive (Legal and Democratic Services) has informed the Chairman of a relevant overview and scrutiny committee, or if there is no such person, each member of that committee by notice in writing, of the matter about which the decision is to be made;

(b) the Assistant Chief Executive (Legal and Democratic Services) has made copies of that notice available to the public at the offices of the Council and on the Council’s website; and

(c) at least five clear days have elapsed following the day on which the Assistant Chief Executive (Legal and Democratic Services) complied with (a) and (b).

15.2 As soon as reasonably practicable after the Assistant Chief Executive (Legal and Democratic Services) has complied with (a) to (c) above, s/he must make available at the Council’s offices a notice setting out the reasons why compliance with Rule 13.2 is impracticable and publish that notice on the Council’s website.

It is anticipated that on FIELD_DUE_DATE, FIELD_DMTITLE will consider a report re FIELD_ISSUE_SUMMARY.

The intention to make the key decision has been published on the Forward Plan but not for the full, requisite 28 clear day period.

This matter requires a 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.

In accordance with the General Exception provisions in Access to Information Procedure Rule 15, I am, therefore, informing you as [the Chairman of the relevant Overview and Scrutiny Committee/ Members of the relevant Overview and Scrutiny Committee – delete as appropriate] that it is intended that this matter be considered by FIELD_DMTITLE on FIELD_DUE_DATE.

BARRY KHAN

Assistant Chief Executive (Legal and Democratic Services)

Dated: FIELD_ISSUE_FIRST_PUBLIC_PUB

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FIELD_TITLE

To [the Chairman of the [insert name] Overview and Scrutiny Committee/Members of the [insert name] Overview and Scrutiny Committee – 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 15:

15.1 If the publication of the intention to make a key decision is impracticable and a matter which is likely to be a key decision has not been included in the forward plan for the requisite period as set out in Rule 13.2, then subject to Rule 16 (special urgency), the decision may still be taken if: 

(a) the Assistant Chief Executive (Legal and Democratic Services) has informed the Chairman of a relevant overview and scrutiny committee, or if there is no such person, each member of that committee by notice in writing, of the matter about which the decision is to be made;

(b) the Assistant Chief Executive (Legal and Democratic Services) has made copies of that notice available to the public at the offices of the Council and on the Council’s website; and

(c) at least five clear days have elapsed following the day on which the Assistant Chief Executive (Legal and Democratic Services) complied with (a) and (b).

15.2 As soon as reasonably practicable after the Assistant Chief Executive (Legal and Democratic Services) has complied with (a) to (c) above, s/he must make available at the Council’s offices a notice setting out the reasons why compliance with Rule 13.2 is impracticable and publish that notice on the Council’s website.

It is anticipated that on FIELD_DUE_DATE, FIELD_DMTITLE will consider a report re FIELD_ISSUE_SUMMARY.

The intention to make the key decision has been published on the Forward Plan but not for the full, requisite 28 clear day period.

This matter requires a 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.

In accordance with the General Exception provisions in Access to Information Procedure Rule 15, I am, therefore, informing you as [the Chairman of the relevant Overview and Scrutiny Committee/ Members of the relevant Overview and Scrutiny Committee – delete as appropriate] that it is intended that this matter be considered by FIELD_DMTITLE on FIELD_DUE_DATE.

BARRY KHAN

Assistant Chief Executive (Legal and Democratic Services)

Dated: FIELD_ISSUE_FIRST_PUBLIC_PUB

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