NORTH YORKSHIRE COUNCIL

NOTICE OF URGENT ITEM

Access to Information Procedure Rules 4 and 15

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Harrogate Transforming Cities Fund (TCF) project delivery options

To the Chairman of the Transport, Economy, Environment and Enterprise Overview and Scrutiny Committee

The 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, they 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.

The Council’s Constitution further provides that, under Access to Information Procedure Rule 4, at least 28 clear days’ notice must be given of a private meeting (or meeting, or part of a meeting, during which the public are excluded) and, at least five clear days before the meeting, a further notice must be given of the intention to hold the meeting in private. The Access to Information Procedure Rules further provide that these provisions shall not apply where the decision being taken is urgent, if an urgency procedure is followed:

4.5       Where the date by which a meeting must be held makes compliance with Rules 4.3 and 4.4 impracticable, the meeting may only be held in private where the executive decision making body has obtained agreement that the meeting is urgent and cannot reasonably be deferred from the chair of the relevant overview and scrutiny committee; or, if there is no such person, or if they are unable to act, the chair of the Council; or where there is no chair of either, the vice-chairman of the Council.

4.6       As soon as reasonably practicable after agreement is given under Rule 4.5 to hold a private meeting, the executive decision making body must give notice setting out the reasons why the meeting is urgent and cannot reasonably be deferred by making the notice available at County Hall and at the venue for the meeting (if different) and publishing it on the Council’s website.

It is anticipated that on the 19 September 2023, the Executive will consider a report on Harrogate Transforming Cities Fund (TCF) project delivery options and status. An urgent decision is required to determine project direction and confirmed project status with grant funding bodies.

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

It is also likely that the report will contain exempt information as described in paragraph 5 of Part 1 of Schedule 12A to the Local Government Act 1972 (as amended) (information relating to information in respect of which a claim to legal professional privilege could be maintained in legal proceedings) and it is considered that the public interest in maintaining the exemption outweighs the public interest in disclosing the information. It is therefore not possible to give the required 28 days’ notice of the intention to hold this part of the meeting in private.

This matter requires a decision by the Executive on 19 September 2023 and cannot reasonably be deferred, to enable the timely consideration and progress of this matter, hence the need for this Notice under Access to Information Procedure Rules 4 and 15. I am seeking your agreement that the meeting in respect of this matter is urgent and cannot reasonably be deferred.

Therefore, in accordance with the Access to Information Procedure Rules, I am informing you as the Chairman of the relevant Overview and Scrutiny Committee that it is intended that this matter be considered by the Executive on 19 September 2023.

If you agree that the meeting in respect of this matter is urgent and cannot reasonably be deferred and that this item should be considered on 19 September 2023, will you please so confirm in writing as soon as possible.

BARRY KHAN

Assistant Chief Executive (Legal and Democratic Services)

Dated: 24 August 2023

I agree, for the reasons stated in this notice, that the meeting in respect of this matter is urgent and cannot reasonably be deferred and that this item should be considered on 19 September 2023.

Signed                        David Staveley                                  Date 25^th August 2023

[Chair of the Transport, Economy, Environment & Enterprise Overview and Scrutiny Committee]</AI1>

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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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