NORTH YORKSHIRE COUNCIL
Full Council
20 May 2026
Report of the Leader of the Council
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1.0 PURPOSE OF REPORT
1.1 To provide the Council with a report on the use of the special urgency and call-in exemption procedures under Access to Information Procedure Rule 16 and Overview and Scrutiny Procedure Rule 16 in respect of decisions taken since the Council’s last meeting.
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2.0 BACKGROUND
2.1 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.
2.2 The Access to Information Procedure Rules in the Constitution set out two urgency procedures, depending on the time available before the decision needs to be taken: the Rule 15 General Exception Urgency procedure and the Rule 16 Special Urgency procedure for use in more urgent cases. Use of the latter procedure is required to be reported back to full Council.
2.3 The Overview and Scrutiny Procedure Rules in the Constitution set out a call-in exemption process at Rule 16, use of which is also reported back to Council.
3.0 SPECIAL URGENCY AND CALL IN EXEMPTION PROCEDURES
3.1 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 Chair of the body making the decision, obtains the written agreement of the Chair of a relevant Overview and Scrutiny Committee that the making of the decision is urgent and cannot reasonably be deferred. If there is no Chair of a relevant Overview and Scrutiny Committee, or if the Chair of the relevant Overview and Scrutiny Committee is unable to act, then the agreement of the Chair of the Council, or in their absence the Vice-Chair will suffice.
16.2 As soon as reasonably practicable after the decision maker has obtained agreement under Rule 16.1 above, they 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.
3.2 Access to Information Procedure Rule 17 then includes provision for the reporting back to full Council on the use of the Rule 16 special urgency procedure:
17.3 Reports on special urgency decisions
17.3.1 The Leader will submit to the next meeting of the Council, a report on any executive decisions taken in the circumstances set out in Rule 16 (special urgency). The report must include particulars of the decision, a summary of the matters in respect of which the decision was made, the reasons for it and the reasons for use of the special urgency procedure.
17.3.2 The Leader must submit at least one report under 17.3.1 annually to Council.
3.3 Under Overview and Scrutiny Procedure Rule 16(h):
(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 Chair 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 Chair, the Vice-Chair’s consent shall be required. In the absence of both, the Head of Paid Service or their 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.
3.4 This report therefore provides the report back to Council on the use of the special urgency and call-in exemption procedures since the last meeting of full Council on 18 March 2026. Rule 15 (General Urgency) notices have also been referred to where they also include call in exemption.
4.0 USE OF SPECIAL URGENCY AND CALL IN EXEMPTION PROCEDURES
4.1 At the time of writing this report, the use of special urgency and call-in exemption procedures in relation to decisions taken since the last meeting of full Council on 18 March 2026, is as summarised below. Full details of the decisions taken under the procedures and the reasons for them along with the reasons for using the special urgency and/or call in exemption procedures can be accessed via the hyperlinks.
4.1.1 Consideration of the Acceptance of Delegation of Transport Functions
Overview and Scrutiny Procedure Rule 16 – Call-in Exemption
On 31 March 2026 the Executive considered the acceptance of the delegation of certain transport functions from York and North Yorkshire Combined Authority to North Yorkshire Council, and made recommendations to the Chief Executive, who it was planned would make a decision on the matter immediately following the meeting of the Executive. Call-in exemption was required to enable the Chief Executive to make a decision on 31 March. The decision of the YNYCA to delegate the transport functions was made on 27 March 2026, meaning the Executive could not consider the matter any earlier. The decision was considered urgent as the existing delegation ended on 31 March 2026 and related to the continuation of public transport provision for the benefit of residents.
5.0 CHIEF EXECUTIVE OFFICER EMERGENCY POWERS
Under the Constitution Part 3 – Schedule 4 – Officers’ Delegation Scheme:
5. Delegation to the Chief Executive officer:
5.7 In cases of emergency to take any decision which could be taken by the Council, the Executive or a committee. This includes incurring expenditure from working balances or reserves subject to consultation with the Corporate Director of Resources if the Chief Executive Officer reasonably considers it appropriate and feasible and also to notifying any emergency to the Leader as soon as is reasonably practicable.
5.1 Acceptance of the Delegation of Transport Functions
On 28 April 2026 the Chief Executive considered the acceptance of the delegation of local transport powers from the York and North Yorkshire Combined Authority (YNYCA) to operate from 1 April 2026 until 31 March 2027. The decision to delegate the powers was taken by the YNYCA on 27 March 2026 in advance of expiry of the current delegation on 31 March 2026. Acceptance of the delegation was a matter for full Council. Under delegated decision-making powers in the Officers’ Delegation Scheme in the Council’s Constitution, the Chief Executive Officer has power, in cases of emergency, to take any decision which could be taken by the Council, the Executive or a committee. The Chief Executive exercised his emergency delegated decision-making powers to ensure the continued provision of public transport functions from 1 April 2026, including the provision of supported local bus services and the statutory concessionary travel scheme.
5.0 FINANCIAL IMPLICATIONS
5.1 There are no financial implications arising from this report.
6.0 LEGAL IMPLICATIONS
6.1 There are no legal implications arising from this report.
7.0 CLIMATE CHANGE IMPLICATIONS
7.1 There are no significant climate change implications arising from this report.
8.0 EQUALITIES IMPLICATIONS
8.1 There are no significant equalities implications arising from this report.
9.0 CONSULTATION
9.1 Consultation is undertaken with relevant officers and Members prior to the use of the urgency and/or call-in exemption procedures.
10.0 REASONS FOR RECOMMENDATIONS
10.1 To report back to full Council on the use of the special urgency and call-in exemption procedures in compliance with the Access to Information Procedure Rules and Overview and Scrutiny Procedure Rules.
11.0 RECOMMENDATION
11.1 That Council receives and notes this report.
COUNCILLOR CARL LES
Leader of the Council
12 May 2026
Report Author:
Elizabeth Jackson – Principal Democratic Services Officer
elizabeth.jackson@northyorks.gov.uk
Background Documents:
The Council Constitution - Constitution - 19 March 2026
Note: Members are invited to contact the author in advance of the meeting with any detailed queries or questions.