NORTH YORKSHIRE COUNTY COUNCIL

Access to Information Procedure Rule 16

Overview and Scrutiny Procedure Rule 16

NOTICE OF URGENCY AND CALL IN EXEMPTION

Re Adjournment of Public Meetings during the National Mourning period

following the death of Her Majesty Queen Elizabeth II

To the Chairman of the Corporate and Partnerships Overview and Scrutiny Committee and

the Chairman of North Yorkshire County Council

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 9 September 2022 the Chief Executive Officer will, in exercise of his emergency delegated powers in the Officers’ Delegation Scheme in the Constitution, consider adjourning, to a future date, all formal public meetings of the Council and its committees due to be held during the national mourning period following the death of Her Majesty Queen Elizabeth II.

This matter requires an urgent decision and cannot reasonably be deferred as, following the death of Her Majesty Queen Elizabeth II, the country has entered into a national mourning period and in these circumstances it is considered appropriate, out of respect to the Monarchy, to adjourn any meeting open to the public during this period of mourning.

As a consequence of the urgency of the timescales, the decision referred to above will need to be implemented immediately. 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, which it is believed would be the case here.

To the Chairman of the Corporate and Partnerships 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 the above matter be considered by the Chief Executive Officer on 9 September 2022 and I am seeking your agreement that the making of the decision is urgent and cannot reasonably be deferred beyond this timeframe. If you agree, 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, will you please confirm by email as soon as possible.

BARRY KHAN

Assistant Chief Executive (Legal and Democratic Services)

Dated: 9 September 2022

I agree, for the reasons stated in this notice, that the making of the decision as referred to above is urgent and cannot reasonably be deferred.

Signed                                                                                    Date

Chairman of the Corporate and Partnerships Overview and Scrutiny Committee

I agree, for the reasons stated in this notice, that such decision as referred to above is reasonable in all the circumstances, to it being treated as a matter of urgency and exempt from call-in.

Signed            County Councillor Atkinson                                    Date  9^th September 2022

Chairman of North Yorkshire County Council