NORTH YORKSHIRE COUNCIL
NOTICE OF URGENT ITEM AND CALL IN EXEMPTION
Access to Information Procedure Rule 4
Overview and Scrutiny Procedure Rule 16
<AI1>
Procurement of Sub-Contractors for
Affordable housing development at Church Close
Sharow
To the Chair of
the Care & Independence and Housing Overview and
Scrutiny Committee
and
the Chairman of North Yorkshire County Council
The County Council’s
Constitution further provides that at least 28 clear days before a
private meeting (a meeting, or part of a meeting, of the executive
decision making body during which the public are excluded) the
executive decision-making body must give notice of its intention to
hold the meeting in private (including a statement of the reasons
for holding it in private) 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.
At least five clear days
before a private meeting, the executive decision making body must
give further notice of its intention to hold the meeting in private
including:
·
a statement of
the reasons for holding it in private;
·
details of any
representations received about why the meeting should be open to
the public; and
·
a statement of
its response to any such representations
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.
In relation to urgent
private business, where the date by which a meeting must be held
makes compliance with the above Access to Information Procedure
Rules 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
chairman of the relevant overview and scrutiny committee; or, if
there is no such person, or if s/he is unable to act, the chairman
of the Authority; or where there is no chairman of either, the
vice-chairman of the Authority.
As soon as
reasonably practicable after such agreement is given 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.
The 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 19 February 2024 a report
seeking approval to tender for contractors to develop a site at
Church Close Sharow for Council owned Social Housing. will be
considered by the Assistant Director
– Housing.
The annual budget allowance for this work is £375,000, and
the contract will likely be for around 1 year, although extensions
will be given if the build process takes longer than
anticipated.
It has recently
become apparent that the report will contain exempt information as
described in paragraph 3 of Part 1 of Schedule 12A to the Local
Government Act 1972 (as amended) i.e. Information relating to the
financial or business affairs of any particular person (including
the authority holding that information, 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 these parts of the meeting in private, hence this
Notice.
This matter requires an
urgent decision by the Assistant Director
- Housing on 19 February
2024, and cannot reasonably be deferred, to enable the
timely consideration and progress of this matter as we already have
Homes England grant funding of
£120k and LRF funding of £30k for this site, but the
site has been delayed due to LGR and we are now at risk of losing
the funding if we do not make a start on this site and complete by
March 2024. 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 Chair of
the Care & Independence and Housing Overview &
Scrutiny Committee:
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 that it is intended that
this matter be considered by Assistant
Director - Housing on 19 February 2024, for the above
reasons.
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 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 19 February 2024, will you please confirm
by email as soon as possible.
BARRY KHAN
Assistant Chief Executive
(Legal and Democratic Services)
Dated: 31
January 2024
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 19 February 2024.
Signed Cllr David Ireton
Date 1 February 2024
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 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
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 the 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
the 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 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
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 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
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
the 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 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]
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