NORTH YORKSHIRE COUNTY COUNCIL

NOTICE OF CALL-IN EXEMPTION

Overview and Scrutiny Procedure Rule 16

Approval of submission of funding application from the Public Sector Heat Decarbonisation Scheme

To the Chairman of North Yorkshire County Council

The County Council’s Constitution 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.

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 16 September 2022, the Executive Member for Localities, in consultation with the Corporate Director Strategic Resources, will be asked to consider a report regarding approval to submit an application for funding from the Public Sector Heat Decarbonisation Scheme Phase 3b, a fund for works to corporate buildings to replace heating systems with low carbon technology.

This key decision has been published on the Forward Plan however timescales for implementation have now become tight in this matter, such that the decision will be required to be implemented immediately, without allowing time for any call in period, to allow flexibility and enable timely submission of an application as soon as the funding application portal opens (precise date as of yet unknown) as the process becomes oversubscribed very quickly.

Overview and Scrutiny Procedure Rule 16(h) 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, for the above reasons, that this would be the case should the call in period not be exempted in this matter.

In accordance with the provisions in this Rule, I am therefore 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 exempt from call-in. If you so agree, will you please so confirm in writing as soon as possible.

BARRY KHAN

Assistant Chief Executive (Legal and Democratic Services) and Monitoring Officer

Dated:  9 September 2022

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.

Signed Councillor Margaret Atkinson                      Date  9 September 2022

Chairman of North Yorkshire County Council