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You are here: Home / About The Council / Council And Democracy

The Constitution - Part 3

Procedure Rules

Table of Contents

Chapter 1 - Access to information procedure rules

Chapter 2 - Executive Procedures Rules

Chapter 3 - Forward Plans and Key Decisions

Chapter 4 - Budget and Policy Framework Procedure Rules

Chapter 5 - Decision making by individual members of the Executive and key decisions by Officers

Chapter 6 - Urgent decisions outside the Policy Framework and/or budget

Chapter 7 - Removing the Executive Leader and members of the Executive

Chapter 8  - Resolution of disputes between full Council and the Executive

Chapter 9 - Rights of the Scrutiny Board and the Policy Development and Review Panels

Chapter 10 - Call-in procedures for Executive decisions

Chapter 11 - Archived

Chapter 12 - Deputation Schemes

Chapter 1 - Access to information procedure rules

Scope

1.1 These rules will apply to all meetings of the Council, the Scrutiny Board, Review Panels, Standards Committee, other committees and public meetings of the Executive (together called meetings).

Additional Rights to Information

1.2 These rules do not affect any more specific rights to information contained elsewhere in this Constitution or the law.

Rights to Attend Meetings

1.3 Members of the public may attend all meetings subject only to the exceptions in these rules.

Notices of Meetings

1.4 The Council will give at least five clear days notice of any meeting by publishing details of the meeting at the Civic Offices, Civic Way, Fareham, Hampshire.

Access to Agendas and Reports before Meetings

1.5 The Council will make copies of the relevant agenda and reports open to the public available for inspection at the designated office at least five clear days before a meeting. If an item is added to the agenda later, the revised agenda will be open to inspection from the time that item was added to the agenda. Where reports are prepared after the summons has been sent out, the designated officer shall make each such report available to the public as soon as the report is completed and sent to councillors.

Supply of Copies

1.6 The Council will supply copies of:

  1. any agenda and reports which are open to public inspection;
  2. any further statements or particulars necessary to indicate the nature of the items in the agenda; and
  3. if the Chief Executive Officer thinks fit, copies of any other documents supplied to members in connection with an item to any person on payment of a charge for postage and any other costs.

ACCESS TO MINUTES ETC. AFTER THE MEETING

1.7 The Council will make available copies of the following for six years after a meeting:

(a) the minutes of the meeting or records of decisions taken, together with reasons, for all meetings of the Executive, excluding any part of the minutes of proceedings when the meeting was not open to the public or which disclose exempt or confidential information;

(b) a summary of any proceedings not open to the public where the minutes open to inspection would not provide a reasonably fair and coherent record;

(c) the agenda for the meeting, and

(d) reports relating to items when the meeting was open to the public.

BACKGROUND PAPERS

List of background papers

1.8 The proper officer will set out in every report a list of those documents (called background papers) relating to the subject matter of the report which in his/her opinion:

  1. disclose any facts or matters on which the report or an important part of the report is based, and
  2. which have been relied on to a material extent in preparing the report but do not include published works or those which disclose exempt or confidential information (as defined in Rule 2.11) and in respect of Executive reports, the advice of a political adviser.

Public inspection of background papers

1.9 The Council will make available for public inspection for four years after the date of the meeting one copy of each of the documents on the list of background papers.

SUMMARY OF PUBLIC'S RIGHTS

1.10 A written summary of the public's rights to attend meetings and to inspect and copy documents is available for inspection at the Civic Offices, Civic Way, Fareham, Hampshire.

EXCLUSION OF ACCESS BY THE PUBLIC TO MEETINGS

Confidential information – requirement to exclude public

1.11 The public will be excluded from meetings whenever it is likely, in view of the nature of the business to be transacted or the nature of the proceedings, that confidential information would be disclosed.

Exempt information – discretion to exclude public

1.12 The public may be excluded from meetings whenever it is likely, in view of the nature of the business to be transacted or the nature of the proceedings, that exempt information would be disclosed. Where the meeting will determine any person's civil rights or obligations, or adversely affect their possessions, Article 6 of the European Convention of Human Rights establishes a presumption that the meeting will be held in public, unless a private hearing is necessary for one of the reasons specified in Article 6.

Meaning of confidential information

1.13 Confidential information means information given to the Council by a Government Department on terms that forbid its public disclosure or information which cannot be publicly disclosed by Court Order.

Meaning of exempt information

1.14 Exempt information as defined by the Local Government Act 1972 (as amended) means information falling within the categories set out in the Appendix to this Chapter (subject to any condition).

EXCLUSION OF ACCESS BY THE PUBLIC TO REPORTS

1.15 If the Proper Officer thinks fit, the Council may exclude access by the public to reports which in his or her opinion relate to items during which, in accordance with Rules 1.11 and 1.12, the meeting is likely not to be open to the public. Such reports will be marked 'Not for publication', together with the category of information likely to be disclosed.

APPLICATION OF RULES TO THE EXECUTIVE

1.16 Rules 1.1-1.15 above shall apply to meetings of the Executive and its committees in relation to 'key decisions', as defined in the Council's Constitution if they:

  1. meet to take a key decision, or
  2. meet with an officer, other than a political adviser present, to discuss a key decision to be taken collectively within 28 days of the date, according to the Forward Plan, by which it is to be decided, except for those cases where the sole purpose of the meeting is for officers to brief members, or the provisions of either of the exceptions in these rules or for urgent decisions apply.

ADDITIONAL RIGHTS OF ACCESS FOR MEMBERS

Material relating to previous business

1.17 All members will be entitled to inspect any document which is in the possession, or under the control, of the Executive or its committees and contains material relating to any business previously transacted at a private meeting unless it either:

  1. contains exempt information falling within paragraphs 1 to 6, 9, 11, 12 and 14 of the categories of exempt information; or
  2. contains the advice of a political adviser.

Material relating to key decisions

1.18 All members of the Council will be entitled to inspect any document (except those available only in draft form) in the possession of or under the control of the Executive, or its committees, which relates to any Key Decision unless paragraph 1.17 (a) or (b) above applies.

Nature of rights

1.19 These rights of a member are additional to any other rights that he/she may have.

APPENDIX

Descriptions of exempt information

  1. Information relating to any individual.
  2. Information which is likely to reveal the identity of an individual.
  3. Information relating to the financial or business affairs of any particular person (including the authority holding that information).
  4. Information relating to any consultations or negotiations, or contemplated consultations or negotiations, in connection with any labour relations matter arising between the authority or a Minister of the Crown and employees of, or office holders under, the authority.
  5. Information in respect of which a claim to legal professional privilege could be maintained in legal proceedings.
  6. Information which reveals that the authority proposes
    1. to give under any enactment a notice under or by virtue of which requirements are imposed on a person; or
    2. to make an order or direction under any enactment.
  7. Information relating to any action taken or to be taken in connection with the prevention, investigation or prosecution of crime.

Qualifications

  1. Information falling within paragraph 3 above is not exempt information by virtue of that paragraph if it is required to be registered under
    1. the Companies Act 1985];
    2. the Friendly Societies Act 1974;
    3. the Friendly Societies Act 1992;
    4. the Industrial and Provident Societies Acts 1965 to 1978;
    5. the Building Societies Act 1986; or
    6. the Charities Act 1993.
  2. Information is not exempt information if it relates to proposed development for which the local planning authority may grant itself planning permission pursuant to regulation 3 of the Town and Country Planning General Regulations 1992[9].
  3. Information which
    1. falls within any of paragraphs 1 to 7 above; and
    2. is not prevented from being exempt by virtue of paragraph 8 or 9 above, is exempt information if and so long, as in all the circumstances of the case, the public interest in maintaining the exemption outweighs the public interest in disclosing the information. (reference : The Local Government (Access to Information) (Variation) Order 2006)

Chapter 2 - Executive Procedures Rules

General

2.1 This Constitution and its supporting documents, including the Standing Orders with respect to Meetings, incorporates details of specific procedures relating to meetings and decision-making by the Executive. This protocol includes details of procedural arrangements to be followed by the Executive where no specific provision is made elsewhere in the Constitution.

Decision making

2.2 The Executive will make decisions on matters that are its responsibility at a meeting arranged for that purpose.

2.3 The Executive may delegate responsibility for any of its functions to a subcommittee of the Executive, an individual Executive Member, another local authority under joint arrangements or to an officer.

2.4 Where a sub-committee of the Executive or an individual Executive Member is responsible for an Executive function, they may delegate further to an officer.

Meetings

2.5 Members of the Executive will be entitled to receive notice of all public and private meetings of the Executive, or any of its committees, at least five clear days before the meeting, except where the meeting is convened at shorter notice as a matter of urgency.

2.6 The agenda for meetings of the Executive and its committees will make provision for the transaction of the business required by the Standing Orders for Meetings incorporated in this Constitution.

Record of decisions

2.7 After any meeting of the Executive or any of its committees, whether held in public or private, the Chief Executive Officer or, where no officer was present, the person presiding at the meeting, will produce a record of every decision taken at that meeting as soon as practicable. The record will include a statement of the reasons for each decision and any alternative options considered and rejected at that meeting.

Chapter 3 - Forward Plans and Key Decisions

Contents of the Forward Plan

3.1 The Forward Plan will contain details of all matters likely to be the subject of a key decision in the authority in the following four months. It will be drawn up in the name of the Executive Leader and updated monthly and will contain:

  1. the matter in respect of which the decision is to be taken;
  2. where the decision-taker is an individual e.g. an officer with delegated powers, his/her title and, where the decision-taker is a body e.g. a joint committee, its name;
  3. the date on which, or the period within which, the decision is to be taken;
  4. the identity of the principal groups or organisations whom the decision-taker proposes to consult before making the decision;
  5. the means by which any such consultation is proposed to be undertaken;
  6. the steps that may be taken by any person who wishes to make representations to the executive/decision maker about the matter in respect of which the decision is to be taken and the date by which those steps are to be taken; and
  7. a list of the documents submitted to the decision-maker for consideration in relation to the matter in respect of which the decision is to be made (unless exempt information).

Key Decisions

3.2 A key decision is defined as being an Executive decision that is likely:

  1. to result in the local authority incurring expenditure which is, or making savings which are significant, having regard to the authority's budget for the service or function to which the decision relates; or
  2. to be significant in terms of its effects on communities living or working in an area comprising two or more wards or electoral divisions.

3.3 A key decision cannot be taken until three clear days have elapsed since the publication of the Forward Plan detailed below.

Publicity for Key Decisions

3.4 The public notice accompanying the Forward Plan will state:

  1. that key decisions are to be taken on behalf of the authority;
  2. that a Forward Plan, containing particulars of the matters in respect of which those decisions are to be taken, will be prepared on a monthly basis;
  3. the period for which the Forward Plan is to have effect
  4. that the Forward Plan may be inspected at all reasonable hours and free of charge at the authority's offices;
  5. that the Forward Plan contains a list of the documents submitted to the decision-takers for consideration in relation to the matters in respect of which decisions are to be taken;
  6. the address from which, subject to any prohibition or restriction on their disclosure, copies of, or extracts from, any documents listed in the Forward Plan is available;
  7. that other documents relevant to those matters may be submitted to the decision-takers;
  8. the procedure for requesting details of those documents (if any) as they become available, and
  9. the dates in each month of the following twelve months on which the Forward Plan will be published and available at the authority's offices.

3.5 The above notice will be published in at least one newspaper circulating in the authority's area and will be published annually at least 14 clear days before the first day on which the Forward Plan has effect.

3.6 The Forward Plan will be made available on the Council's Internet site and in the reception areas of any appropriate Council/public premises e.g. the Civic Offices, Leisure Centre and the Libraries throughout the Borough.

Exceptions for cases of urgency

3.7 Where it is impractical to include a key decision on the Forward Plan for reasons of urgency, the Proper Officer must, with five clear days notice:

  1. notify in writing the chairman of the Scrutiny Board of the matter in relation to which the decision is to be made; and
  2. make a notice available at the Civic Offices, again detailing the matter in relation to which the decision is to be made.

3.8 There is a further provision for cases of special urgency and where even five clear days notice is not possible. In such cases, the decision-maker must obtain the agreement of the chairman of the Scrutiny Board that a decision cannot reasonably be deferred. In the absence of the agreement of the chairman of the Scrutiny Board, agreement can be sought from the chairman or vice-chairman of the authority i.e. the Mayor or Deputy Mayor.

Reporting of Key Decisions not published

3.9 Where an Executive or anyone acting on its behalf, makes a decision not contained on the Forward Plan that the Scrutiny Board is of the opinion is/was a Key Decision and where the decision has not been agreed to be an urgent decision, the Scrutiny Board may require the Executive to submit a report to Council. The report must contain details of the decision made and the decisiontaker and the reasons for it not being a key decision.

3.10 The Executive Leader is also required to submit a quarterly report to Council on the decisions taken within the previous three months under the provisions for cases of special urgency described above. The report must set out the number of such decisions taken and a summary of the matters in respect of which the decisions were taken.

Chapter 4 - Budget and Policy Framework Procedure Rules

General

4.1 The Council will be responsible for the adoption of its Budget and Policy Framework as set out in the Constitution. Once a budget or a policy framework is in place, it is the responsibility of the Executive to implement it.

4.2 This procedure defines the roles and responsibilities of the Executive, Scrutiny Board, Review Panels, ordinary committees and the full Council in the formulation, review and amendment of the Council's Policy Framework and Budgets.

4.3 In these rules, "Budget" includes the allocation of financial resources to different services and projects, proposed contingency funds, setting the Council Tax and decisions relating to the control of the Council's borrowing requirement, the control of its capital expenditure and the setting of virement limits

Role and duties of the Executive

4.4 The Executive will be responsible for initiating, preparing, amending and making recommendations to the Council on all matters relating to the Policy Framework and budgets of the Council.

4.5 In the preparation of the Policy Framework and budgets or any parts thereof, the Executive will:

  1. publish a timetable for making its proposals at the Civic Offices, Civic Way, Fareham, Hampshire, on the Council's web site and wherever else it deems appropriate, or the Council requires, and undertake, prior to any final recommendations being made, consultations with such other interested parties as it considers appropriate, as the Council may require or as may be required by law;
  2. consult the Scrutiny Board, ordinary committees and Standards Committee (if necessary), on the proposals prior to any final recommendations being formulated for submission to Council;
  3. allow a consultation period of at least six weeks between publication of the timetable and finalisation of proposals for submission to Council;
  4. ensure that the Council complies with all legislation relating to the preparation and adoption of the strategic plans and budgets;
  5. make available to the Scrutiny Board, ordinary committees and, where appropriate, the Standards Committee, those papers, reports or other documents on which the Executive has relied in making its recommendations to Council;
  6. in relation to the proposed budget and notwithstanding the other provisions of this paragraph, the Executive will present its outline proposals identifying its revenue and capital financial strategy for the following year to the Council by 31 October;
  7. consult the Scrutiny Board on proposals which comply with the financial strategy approved by Council and referred to above and submit detailed proposals on the overall budgets and the level of the Council Tax to the Council by the February immediately preceding the commencement of the next financial year; and
  8. take into account any comments made by the Scrutiny Board, ordinary committees and other consultees and in its report to Council, reflect those comments and its responses thereto.

Role, responsibilities and rights of the Scrutiny Board and ordinary committees.

4.6 The Scrutiny Board and ordinary committees' responsibilities in the preparation of the Policy Framework and the budget will be as consultees representing the views of the community. In support of the rights contained in the Local Government Act 2000, the Scrutiny Board, its panels and ordinary committees will:

  1. be provided with copies of all relevant papers, reports and other documents on which the Executive has relied in making its proposals – provided that if any confidential information is supplied – that confidentiality will be maintained;
  2. have power, subject to the approval of the Chief Executive Officer, to require additional research to be undertaken on specific issues;
  3. comply with all reasonable time scales set by the Executive for response to any consultations; and
  4. be empowered to submit a report to full Council on any matter relating to the Policy Framework or budgets where there is a disagreement between the Executive and the Scrutiny Board or any of the ordinary committees.

Role of Council

4.7 In relation to the preparation of the Policy Framework, the budget and the Council Tax, the Council will retain the absolute right, subject to the provisions of this Constitution, to approve, amend, or reject any proposals put to it by the Executive.

Disputes resolution procedure

4.8 Before amending any draft plan or strategy forming part of the Policy Framework, or approving any such plan or strategy for submission to the Secretary of State or relevant Minister, the Council must:

  1. inform the Executive Leader of any objections which it has to the draft plan or strategy or any proposals to modify, reject, defer or make no decision on the plan or strategy and if such objections or proposals are not accepted by him/her must give to him/her instructions requiring reconsideration by the Executive of its proposals;
  2. have regard to any comments made by the Scrutiny Board, its panels and ordinary committees of the Council, other local authorities, partners and interested parties;
  3. take no action on any decision which is contrary to proposals submitted by the Executive until at least five working days, or longer period specified by the Council in its instructions, after the instructions referred to above have been notified to the Executive Leader or until the decision has been dealt with in accordance with the 'disputes procedure' provisions of this Constitution, whichever is the later; and
  4. in amending, approving or adopting any draft plan or strategy, the Council must take into account any proposals for amendment made by the Executive, and any disagreement which the Executive has with the Council's objections, which have been notified to the Council within the period specified by the Council.

4.9 Where the Executive submits to the Council its proposals for budget estimates and Council Tax calculation and the Council proposes to modify, reject, defer or make no decision on an Executive recommendation, it must:

  1. inform the Executive Leader of any objections and give him instructions requiring reconsideration by the Executive of its estimates and calculations;
  2. take no action on proposals submitted by the Executive until at least five working days after instructions referred to in above have been notified to the Executive Leader; and
  3. in making any budget decisions or calculations, the Council must take into account any revision of estimates or calculations made by the Executive and any disagreement which the Executive has with the Council's objections, which have been notified to the Council within the period specified by the Council.

Variation of procedure

4.10 Where permitted by law, this procedure may be varied by resolution of the full Council on a recommendation from the Executive. No such recommendation will be made until the Executive has consulted the Scrutiny Board and ordinary committees of the Council.

Chapter 5 - Decision making by individual members of the Executive and key decisions by Officers

Introduction

5.1 The Executive Leader of the Council, members of the Executive and officers are authorised to undertake certain executive actions under the terms of this Constitution. The responsibilities and processes to be followed by Executive members and the officers in carrying out those tasks for which they are individually responsible and there has been a delegation of powers to an individual Executive member by the Council are set out here.

5.2 For this purpose, the appropriate Chief Officer or Head of Service is the Proper Officer for providing advice to Executive members and the Monitoring Officer is the Proper Officer for the maintenance of the Corporate Register of decisions taken.

Action by Executive Members prior to reaching a decision

5.3 In all cases, prior to taking any decision on any matter, the Executive member shall be responsible for:-

  1. ensuring that the decision to be made is within his/her delegated powers;
  2. obtaining, in writing (which may be transmitted electronically), a summary of the issues from the Chief Officer or Head of Service responsible for the matter under consideration;
  3. obtaining confirmation that any course of action proposed is within the Council's legal powers and complies with the Council's Policy Framework and budgets;
  4. determining whether the proposed action has any effect on the responsibilities of other Executive Members;
  5. ensuring that where the matter affects a specific part of the Council's area, the views of the relevant ward members have been sought in writing and taken into account in reaching a decision; and
  6. determining whether the decision to be taken is a key decision as defined in the Council's Constitution in which case the provisions of paragraph 6.6 below shall apply.

5.4 Where any matter considered by an Executive Member:

  1. is outside his/her delegated powers, or
  2. is outside the legal powers of the Council or contrary to the Council's Policy Framework or budgets,

the matter shall stand referred to the Executive for consideration. No action that commits the Council shall be taken on that matter until after the issue has been determined by the Executive, except that where a decision, including one which does not comply with the Council's Policy Framework or would not be wholly in accordance with the budget, is required urgently, that matter may be determined in accordance with the provisions of Chapter 7 of Part 3 of this Constitution.

5.5 Where a decision would have an effect on the responsibilities of another Executive member or has implications that might affect the corporate strategies of the Council, the Executive member shall consult with any other Executive member and the Executive Leader prior to reaching any decision.

5.6 Where an Executive Member receives a report which he/she intends to take into account in making a Key Decision, the following provisions shall also apply:

  1. the decision will not be made until at least five clear days have elapsed since receipt of the report, and
  2. the person who provided the report to the Executive member shall give a copy to the chairman of the Scrutiny Board as soon as reasonably practicable and make a copy publicly available at the same time.

Action by Executive member at point of decision making

5.7 In reaching a decision on any matter referred to him/her, the Executive member shall:

  1. take into consideration the views expressed by the Chief Officer or Head of Service responsible for the matter under consideration;
  2. where appropriate, take account of the views of other Executive members, the Executive Leader and the ward members;
  3. endorse the written documentation prepared by the appropriate Chief Officer or Head of Service with his/her decision and, where that decision is contrary to the Officer's recommendation or views submitted by the ward member, the reasons for reaching the different conclusion, and
  4. endorse all written documentation giving options considered with the reasons why particular options were rejected.

Action by Executive member after decision

5.8 On reaching a decision and subject to the provisions for call-in arrangements in Chapter 11 of Part 3 of this Constitution, the Executive members shall:

  1. give instructions to the appropriate Chief Officer or Head of Service to take the necessary action to implement the decision;
  2. personally, or arrange for the appropriate Chief Officer or Head of Service to, notify the other members of the decision taken;
  3. ensure that the decision is not implemented until such time as the period for, and the conditions of, the provisions for call-in arrangements for decisions taken by the Executive have been complied with, and
  4. supply a copy of all papers (which may be transmitted electronically) considered by him/her with a copy of the decision and reasons to the Monitoring Officer.

5.9 On notification of a decision, the Chief Officer or Head of Service will:

  1. subject to compliance with the provisions in this Constitution for call-in arrangements, ensure implementation of the decision within any specified timescales and, if none are given, within a reasonable period;
  2. ensure that a copy of the decision and appropriate supporting papers are placed on the relevant file;
  3. where instructed by the Executive Member, arrange for a report on the decision taken to be circulated to all members of the Council, and
  4. immediately notify any persons or organisations consulted about the proposals of the decision taken.

5.10 The Monitoring Officer will:

  1. maintain a register or registers, which may be held in electronic form, of decisions taken by Executive members under delegated powers;
  2. maintain copies, which may be held electronically, of all the supporting papers provided to the Executive member;
  3. make the register and supporting papers available for inspection at the Council's main office by any member of the Council during normal office hours, and
  4. make the register and supporting papers, except for those which contain confidential or exempt information as defined by the Local Government Act 1972 (as amended), available for public inspection at the Council's main office during normal office hours, in accordance with the provisions of the Access to Information Procedure Rules set out in this Constitution. No charge shall be made for inspection of such papers. The requirement to make documents available for public inspection will not apply to exempt or confidential information or the advice of a political adviser or political assistant.

Urgent decisions

5.11 Where, in the opinion of the Chief Officer or Head of Service, a decision within the Policy Framework and budget is required urgently on any matter delegated to an Executive member, the provisions of:-

  1. paragraphs 5.3(b) and 5.3(c) above, relating to the information and decision being in writing or electronic form, and
  2. paragraphs 5.3(d), 5.6(b) and 5.7(b), relating to consultations with ward members,

shall apply only if there is sufficient time to follow these procedures without prejudicing the decision or the Council; provided that, as soon as practicable after the matter has been determined, a written record of the issues and the action taken shall be made and circulated in accordance with the remaining provisions below

5.12 Paragraphs 11 to 15 in Chapter 11 of Part 3, so far as they relate to the date on which the decision may be implemented, shall not apply and the decision may be implemented immediately.

5.13 Where a decision is not within the Policy Framework or budget, the provisions of the Chapter 7 of Part 3 of this Constitution will apply.

Key Decisions made by officers

5.14 The above provisions will apply in all respects only to Key Decisions by officers acting under delegated powers. Where the power delegated is to a Chief Officer, Head of Service or other officer, he/she shall ensure that the written documentation or other matters required by these provisions are prepared or undertaken as though the decision was being taken by an Executive Member.

Variation

5.15 These provisions may be varied by a resolution of the Council on a recommendation from the Executive. No such recommendation shall be made until the Executive has consulted the Standards Committee, Scrutiny Board and other committees of the Council.

Chapter 6 - Urgent decisions outside the Policy Framework and/or budget

Introduction

6.1 The Executive is empowered, subject to compliance with the Council's Policy Framework and budgets, to make decisions on behalf of the Council in accordance with the provisions of this Constitution.

6.2 This part of the Constitution describes the procedures to be followed where a decision which does not comply with the Council's Policy Framework or is contrary to or not wholly in accordance with the budget, is required urgently.

6.3 Where  any decision will give rise to expenditure exceeding such sum as may be prescribed from time to time in the Council's Financial Regulations, no action shall be taken to implement that decision until Council has considered the matter.

6.4 In these provisions, the expression 'Executive' refers to the Executive, a committee or sub-committee of the Executive, an Executive member, officer or joint arrangements discharging any function of the Executive.

Action prior to decision

6.5 Where it appears to the Executive that a decision which is outside the Council's Policy Framework or budget is required urgently and it is not reasonable to delay the decision-making to the next or a special meeting of the Council, the Executive will:

  1. seek advice from the Monitoring Officer and/or the Chief Financial Officer as to whether the proposed decision would be contrary to the Council's Policy Framework or is contrary to or not wholly in accordance with the budget;
  2. obtain confirmation from the Chief Executive Officer and other appropriate professional advising officer that a decision is required urgently;
  3. carry out, so far as is reasonable, consultations with ward members and other interested parties, and
  4. consult with the chairman of the Scrutiny Board on the proposed decision and the need for action to be taken urgently.

6.6 Where the chairman of the Scrutiny Board is not available for whatever reason, the vice-chairman shall be consulted and, if neither is available, the Mayor, or in his/her absence, the Deputy Mayor shall be consulted.

6.7 Where the chairman of the Scrutiny Board agrees that the proposed decision is urgent, the Executive shall be empowered to implement such decision. For the purposes of this paragraph, consultations may be made in writing, electronically or orally, depending on the need to ensure effective and timely decision making. In all cases, a written record of the consultations undertaken, the decision, all options considered, the reasons why the decision was required urgently and a special meeting of the Council could not be arranged, will be made by the Executive on the record of the decision.

Action after decision

6.8 As soon as reasonably practicable after a decision has been made under these provisions, the Executive must provide a written report to the full Council explaining:

  1. the decision;
  2. the reason(s) why a decision was required;
  3. the reason(s) why the decision was treated as urgent and could not have been brought to the Council for determination, and
  4. the manner, timing of consultation and office of person consulted prior to the decision being taken.

Quarterly reports

6.9 At each Council meeting, and at least quarterly, the Executive Leader will report to the full Council on any executive decisions taken during the preceding period under these provisions. The report will include:

  1. the number of decisions taken;
  2. the circumstances which required the decisions to be taken urgently, and
  3. a summary of the matters in respect of which the decisions were taken.

Variation of procedure

6.10 These provisions may be varied by resolution of the Council on a recommendation from the Executive. No such recommendation will be made until the Executive has consulted the Scrutiny Board.

Chapter 7 - Removing the Executive Leader and members of the Executive

7.1 The Executive Leader and members of the Executive of the Council will be elected by the Council and hold office for a period of two years and can only be removed during their periods of office by resolution of the full Council in the circumstances set out below.

7.2 The Council may only consider removing the Executive Leader and Executive members:

  1. on a motion of which notice has been given as in paragraphs 6 to 8 below, or
  2. in the circumstances described in paragraphs 9 to 11 below.

7.3 When voting on a motion to remove the Executive Leader or other members of the Executive, a quorum of the Council shall be at least three-quarters of the total number of members of the Council.

7.4 A Council resolution to remove the Executive Leader shall not have the effect of removing the Deputy Executive Leader and other members of the Executive. Those members shall continue in those roles pending decisions by the newly elected Executive Leader under paragraph 12 below.

7.5 If the Council resolves to remove the Executive Leader or other member of the Executive, it shall elect a new Executive Leader or member of the Executive, as the case may be, at the same Council meeting as its next item of business.

Notice of motion to remove Executive Leader or Executive Member

7.6 Notice of a motion to remove the Executive Leader or other Executive member shall be:

  1. given in writing
  2. signed by at least one half of the total number of Council members
  3. received by the Chief Executive Officer at the Civic Offices, Civic Way, Fareham, Hampshire, and
  4. state why the signatories consider the Executive Leader or other Executive member should be removed.

7.7 If the Chief Executive Officer receives the notice of motion less than 15 but not less than 5 clear working days before the next programmed Council meeting, the motion shall be considered at that Council meeting.

7.8 If the notice of motion is received by the Chief Executive Officer 15 or more clear working days before the next programmed Council meeting, the Chief Executive Officer shall, within 5 working days of receiving the notice, summon a special Council meeting for the purpose of considering the motion. Unless required by law, no other business shall be conducted at that meeting, other than election of a new Executive Leader, or Executive member, as the case may be, if the motion succeeds. The special meeting shall take place within 10 working days of the summons.

Change of Political Balance

7.9 Paragraphs 7.10 to 7.11 apply if:

  1. the Executive Leader and Executive members are members of the majority political Group ("the Executive Leader's political group") represented on the Council, and
  2. that political group loses its overall majority on the Council more than 15 working days before the Annual Council Meeting (or, in the year of an election of Councillors, more than 15 working days before the date of the election).

7.10 If a programmed meeting of the Council is due to take place within less than 15 clear working days after the date on which the Executive Leader's political group loses its overall majority, the election of the Executive Leader and Executive members shall be the first item of business, after any business required to be dealt with by statute, at that Council meeting.

7.11 If a programmed meeting of the Council is not due to take place within less than 15 clear working days after the date on which the Executive Leader's political group loses its overall majority, the Chief Executive Officer shall, within 5 working days of the day on which the Executive Leader's political group loses its overall majority, summon a special Council meeting for the purpose of electing an Executive Leader and Executive members. The special meeting shall take place within 10 working days of the date of the summons.

Duties of a newly elected Executive Leader

7.12 A new Executive Leader elected under these provisions shall, within 5 working days of his or her election:

(a) appoint a Deputy Executive Leader

(b) ensure that areas of responsibility are allocated by the Executive to each member of the Executive

(c) inform the Chief Executive Officer of the names of the Deputy Executive Leader and the areas of responsibility of members of the Executive.

Chapter 8 - Resolution of disputes between full Council and the Executive

Introduction

8.1 The full Council is responsible for approving the Policy Framework and setting the budget and, in determining such matters, it will normally act only on a recommendation of the Executive.

8.2 These provisions specify the arrangements which will apply to those matters relating to the Policy Framework and budget:

  1. which the Executive has referred to Council for approval and where the Council is unwilling to adopt the Executive's recommendation, or
  2. where the Executive does not submit a recommendation and where, for statutory or other reasons, it is necessary in the opinion of the Chief Executive Officer, Monitoring Officer or Chief Finance Officer for a decision to be made.

8.3 Where notification to any member or officer of the Council is required under this Protocol, such notification may be transmitted in writing or electronically.

Procedures for dealing with recommendations of the Executive

8.4 The Executive will, within the terms of its delegated powers and any statutory limitations, be responsible for the implementation of the Policy Framework and budgets approved by the Council.

8.5 Where the Executive proposes any additions or alterations to the Policy Framework or budgets, it will, following the consultations required elsewhere in this Constitution, submit a report, with recommendations and reasons, to full Council.

8.6 Copies of all reports and other supporting papers will be made available to all members of the Council as soon as possible after the Executive has concluded its consideration of the issues. In any event, such documentation will be made available not later than the day of the dispatch of the agenda for the Council meeting incorporating the Executive's recommendations.

8.7 Where the Council approves, without any amendment, the recommendations put to it by the Executive; such decisions will have immediate effect.

8.8 Where the Council modifies, rejects, defers or makes no decision on an Executive recommendation and any such modifications are not accepted by the Executive Leader, a copy of the decision will be provided to the Executive Leader of the Council within two working days of the meeting, together with instructions to reconsider the matter. Such decision will not come into effect until the sixth working day after the Council decision has been communicated to the Executive Leader.

8.9 Within five working days after the decision of the Council has been communicated to him/her, the Executive Leader may notify the Council that the Executive disagrees with its decision or, with reasons, may submit a revised plan, strategy or budget. Providing such notice gives reasons for the disagreement, the decision will not be implemented until the Council has considered the Executive Leader's objection.

8.10 On receipt of a notice of disagreement or a revised plan, strategy or budget, the matter will be referred to the next meeting of the full Council or, where necessary or requested by the Executive Leader, a special meeting of the Council, for reconsideration.

8.11 Any decision reached at the meeting of the Council (whether it is to support or reject the objections or revisions of the Executive) will have immediate effect.

Procedures for dealing with issues where no recommendation is made by the Executive

8.12 Where for statutory or other reasons, it is necessary for the Council to make any decision on any issue which ordinarily would have been the subject of a recommendation from the Executive, the Council will:

  1. approve any appropriate resolution, subject to its implementation only coming into effect on the sixth working day after the Council meeting, and
  2. give notice of the decision taken to the Executive Leader within one working day of the Council meeting.

8.13 Within five working days after the decision of the Council has been communicated to him/her, the Executive Leader may give notice in writing to the Chief Executive Officer that the Executive objects to the decision. Providing such notice gives reasons for the objection, the decision will not be implemented until the Council has considered the Executive's objection.

8.14 On receipt of an objection, the matter will be referred to the next meeting of the full Council or where necessary a special meeting of the Council, for reconsideration due to the objection made by the Executive.

8.15 Any decision reached at the meeting of the Council (whether it is to support or reject the objection of the Executive) will have immediate effect.

Chapter 9 - Rights of the Scrutiny Board and the Policy Development and Review Panels

General

9.1 This procedure defines the operational rights and the rights of access to information of the Scrutiny Board and the Policy Development and Review Panels. It is to be read in conjunction with the other related elements of this Constitution.

9.2 In any case where a Policy Development and Review Panel undertakes a review which has an effect on any other Panel, the Chairman of that Panel will be entitled to attend its meeting when the matter is to be discussed.

Areas of activity

9.3 The Scrutiny Board will have the right to be involved in and consulted on:

  1. Policy review
  2. Budget setting
  3. Service scrutiny
  4. Reactive reviews

9.4 The Policy Development and Review Panels will have the right to be involved in and consulted on:

  1. Policy development
  2. Policy review on those matters coming within its terms of reference.

9.5 With regard to the timing of the involvement the following principles will apply:

  1. Policy Development

    Where the Executive decides to develop new policies, it will after its initial consideration of any proposal, supply details to the relevant Policy Development and Review Panel prior to any recommendation being made to the Council. Where the Council gives instructions to the Executive to undertake development of a new policy, it will be deemed to include an instruction to consult with the relevant Panel during development of the new policy.

    Adequate time will be allowed to the Panels to respond to consultations from the Executive.

    For topics included in any annual or other programme approved by the Council, target dates will be included within the programme.
  2. Policy Review

    After initial consideration by the Executive and before submission of any report by the Executive to the Council, details of the review will be supplied to the relevant Policy Development and Review Panel.

    Adequate time will be allowed to the Panels to respond to consultations from the Executive. As a general principle, this should always be determined having regard to the nature and complexity of the topic but a minimum period of one month should normally be allowed.

    For topics included in the annual or other programme approved by Council, target dates will be set within the programme.
  3. Budget Setting

    For the purposes of this procedure, "Budget" includes the allocation of financial resources to different services and projects, proposed contingency funds, setting the Council Tax and decisions relating to the control of the Council's borrowing requirement, the control of its capital expenditure and the setting of virement limits.

    Within two months of the guidelines for the following year's budget being approved by the Council, the Executive will provide the Scrutiny Board with its expenditure plan proposals for the following year's budget.

    The Scrutiny Board will be allowed one month to respond to the proposals submitted to it by the Executive. The Scrutiny Board's comments will be submitted to the Council by the end of November with the Executive's provisional expenditure plan proposals.

    Following consideration of the detailed policy budget and the provisional revenue support grant settlement, the Executive will finalise its proposals by the end of December each year and submit them to the Scrutiny Board for comment by the end of the third week in January.

    Following its consideration of the policy budget, the Scrutiny Board will respond to the Executive to enable the Executive to reconsider its budget by the end of the first week in February each year and make its final budget recommendations to Council. The timing of the February Council meeting will need to take account of Hampshire County Council's timetable and the arrangements for the resolution of any dispute between the Council and Executive.
  4. Service Scrutiny

    The Scrutiny Board will produce an annual programme identifying the service reviews the Board propose to undertake in the forthcoming year and will submit such programme to the Council.

    Within the annual programme, the Scrutiny Board will identify the full extent of the service reviews, including the specific area of activity and the purpose of the review – together with a timetable showing the commencement and completion dates for such reviews.

    On receipt of the annual programme or at any time during the year, the Council or the Executive may request the Scrutiny Board or relevant Policy Development and Review Panel to undertake a specific service review. On making such request, the Council or the Executive will identify the objective of the review and the timescale that will apply, which will normally not be less than one month, for completion of the review.
  5. Reactive Reviews

    Where any decision of the Executive is referred to the Scrutiny Board by not less than three non-executive members of the Council, in accordance with the call-in procedures set out in Chapter 10 of Part 3 of this Constitution (in which case the decision would not have been implemented), the Scrutiny Board will:
    • unless agreed otherwise, meet within ten working days of the request made for the purpose of reviewing the Executive's decision
    • make such arrangements as the Chairman of the Scrutiny Board, in consultation with the Chief Executive Officer, deems necessary to enable the Board to carry out an objective review of the Executive's decision
    • unless agreed otherwise, ensure that within seven working days of the completion of the review, the outcome is reported to the Executive
    • where the Scrutiny Board determines that the Executive's decision should be referred to the Council, unless agreed otherwise make such arrangements as are necessary to call a special meeting of the Council within fourteen working days.

Reports

9.6 When the Scrutiny Board or Policy Development and Review Panel has finalised its views on any issue, it will submit its report on that issue to the Proper Officer. The Proper Officer will arrange for the Council, the Executive, an Executive Member, an Ordinary Committee or an officer, as appropriate, to consider that report within one month of its receipt.

9.7 Where the Scrutiny Board or Panel cannot agree on one single final report, up to one minority report may be submitted to the Proper Officer for consideration with the majority report. This provision will enable alternative views to be brought to the Council's attention, e.g. by a local ward member.

9.8 In any case where the Executive, Executive Member, Ordinary Committee or officer does not respond in writing within one month, the report will be submitted to the next ordinary meeting of the Council.

Access to information

9.9 In order to enable the Scrutiny Board and the Policy Development and Review Panels to undertake their duties under the terms of this procedure, the Board and each Panel will have access in good time to:

  1. all reports and supporting papers, including exempt information, considered by the Executive as soon as practicable after the Executive has reached a decision
  2. supporting papers, including documents prepared or supplied by officers, which had an effect on the decision taken, including any papers containing information about options rejected by the Executive
  3. such other information and reports as the Scrutiny Board or Panel may request Directors or Chief Officers to supply or prepare, subject to the right of the Chief Executive Officer to refer the need for such work to the Council for agreement.

9.10 Members of the Scrutiny Board and the Policy Development and Review Panels will be expected to respect the confidentiality of confidential and exempt information and will not provide or disclose it to any person who is not a Councillor.

9.11 Notwithstanding the provisions of the Code of Conduct for Members and S.O.39 of Standing Orders with Respect to Meetings, co-opted non-voting members of the Scrutiny Board or Panels who are co-opted for the consideration of specific business or for a specified period only, such appointment being less than a full municipal year, shall not be entitled to receive copies of reports relating to other business of the Board or Panel containing information which is exempt or confidential under the Local Government Act 1972 and nor shall such business be discussed in their presence.

9.12 The Scrutiny Board and Policy Development and Review Panels will not be entitled to have access to:

  1. any document that is in draft form, or
  2. any part of a document that contains exempt or confidential information, unless that information is relevant to an action or decision they are reviewing or scrutinising or intend to scrutinise.

Attendance of Executive members at Scrutiny Board meetings

9.13 When considering any decision taken by the Executive, the Scrutiny Board will have the right to require the decision-maker, or a member of the Executive where the decision was taken at an Executive meeting, to attend any meeting called to review the decision of the Executive.

9.14 Reasonable notice of the date, time and location of the meeting and of the issues to be discussed will be given to the decision maker, or the Executive Leader if the decision was taken at a meeting of the Executive.

9.15 A decision of the Executive that is called in will not be implemented until such time as the member of the Executive or its representative has attended a meeting of the Scrutiny Board or the Scrutiny Board has reported on the decision to the full Council at its next ordinary meeting.

9.16 The Scrutiny Board may request copies of information or documents to enable it to review a decision of the Executive. If such papers have not been supplied at least two days prior to the meeting of the Scrutiny Board, the Executive's decision will stand deferred to a further meeting of the Scrutiny Board, which will be arranged as soon as practicable.

Attendance of officers at Scrutiny Board meetings

9.17 The Scrutiny Board will be entitled to require any officer to attend its meetings who:

  1. took a decision on behalf of the Executive;
  2. was involved in providing information to enable a decision to be reached by another officer or by the Executive, or
  3. has some material information that will assist the Scrutiny Board in reviewing the decision.

9.18 Reasonable notice of the date, time and location of the meeting and of the issues to be discussed will be given to the officer requested to attend the meeting. A copy of the notice will also be sent at the same time to the appropriate Director or Chief Officer.

9.19 Where any officer fails to attend a meeting of the Scrutiny Board without good cause, he/she may be subject to action under the Council's disciplinary rules.

9.20 In determining which officers to call to provide information, the Scrutiny Board will have due regard to the seniority of officers and will normally only invite those officers to give evidence who hold supervisory and management posts.

9.21 Officers will only be required to give evidence on questions of fact when called to attend meetings of the Scrutiny Board. They will not be expected, or required, to comment on the merit of any options considered by the Executive or to justify the decision reached, except insofar as the decision being reviewed is that taken by the officer.

Attendance of other persons at Scrutiny Board meetings

9.22 Where the Scrutiny Board considers it necessary, to enable it to undertake a review of any matter coming before it, it will:

  1. be entitled to call any person who is not a councillor or officer to provide information to assist in its deliberations;
  2. make reasonable travel and subsistence payments to any such persons attending meetings for the purpose of providing information.

Additional support

9.23 The Scrutiny Board or a Policy Development and Review Panel will be entitled to appoint a consultant, other person or organisation to undertake research or other tasks on its behalf, subject to budget provision having been made for that purpose or such other amount as may be agreed by Council.

Variation of procedure

9.24 This procedure may be amended at any time by the Council on a recommendation from the Executive, following consultation with the Council's Scrutiny Board and, as appropriate, Ordinary Committees.

Chapter 10 - Call-in procedures for Executive decisions

Interpretation

10.1 This procedure applies to all decisions taken by the Executive, individual members of the Executive and key decisions by officers (including those taken in liaison or consultation with local councillors or Executive members) on behalf of the Executive.

10.2 Where this procedure refers to the Executive, it will be deemed to include the Executive, Executive Leader, Executive Member or officers as the case may be.

10.3 Board in this procedure means the Scrutiny Board.

10.4 For the purposes of this procedure 'decision' means any decision of consequence which leads to action being taken in the performance of the functions of the Council.

10.5 In relation to officers, a decision will only relate to a 'key decision', which is any decision which is likely:

  1. to result in the Council incurring expenditure which is, or the making of savings which are, significant having regard to the Council's budget for the service or function to which the decision relates, or
  2. to be significant in terms of its effects on the communities living or working in an area comprising two or more wards or electoral divisions in the area of the Council.

10.6 Where an urgent decision has been taken under the provisions of Chapter 6 of Part 3 of this Constitution, or by the Director of Finance and Resources under those provisions in Financial Regulations which authorise him/her to approve expenditure which is required urgently, the paragraphs of this procedure that provide that decisions may not be implemented immediately will not apply.

Action before decisions

10.7 Prior to an officer taking any key decision, he/she will ensure that all consultations required under, or implicit in, his/her delegated powers, have been undertaken.

10.8 Where any matter falls to be determined by the Executive, it will ensure that all consultations and other actions required under, or implicit in, this Constitution are carried out.

10.9 Where any matter falls to be determined by the Executive Leader or an Executive member, he/she will ensure that all consultations and other actions required under, or implicit in, this Constitution are carried out.

Arrangements for review

10.10 When a decision has been made, the Executive will publish the decision and, at the same time, notice of that decision will be circulated to all members of the Council. As far as practicable, all decisions will be published within two working days. The notice issued under this provision will, except for urgent decisions which will have immediate effect, specify that the decision will come into force at the expiration of seven working days (or such longer period as may be specified in the notice) from the publication of the decision.

10.11 If, prior to the date at which the proposed decision is to be implemented, at least three non-executive members of the Council consider that the decision should be reviewed, they may give notice, with reasons, to the Chief Executive Officer that the decision should be referred to the Scrutiny Board for review. Where such a notice has been given, the decision will not be implemented until that Board has reviewed the decision. (Note : In accordance with paragraph 15.7 of the Council's Standing Orders with respect to meetings, if a motion is referred by the Council to the Executive, via the relevant Review Panel, the decision of the Executive shall not be subject to the call-in procedure for Executive decisions under this constitution).

10.12 On receipt of a notice under the above paragraph, the Chief Executive Officer will arrange for the decision to be considered by a meeting of the Scrutiny Board within ten working days following the end of the period allowed for call-in of Executive decisions. Where such a notice indicates that the decision is contrary to the Policy Framework, or contrary to or not wholly in accordance with the Council's budget, the Monitoring Officer and/or the Chief Finance and Resources Officer will prepare a report to the Board. The report will advise on whether the decision was, or was not, a departure from the approved policies or budget.

10.13 On consideration of the decision and the report of the Monitoring Officer and/or Chief Finance Officer referred to above, the Board may:

  1. accept the decision made by the Executive, in which case the Executive may implement the decision immediately, or
  2. request the Executive to reconsider the decision giving reasons for such request.

10.14 After reconsideration of the decision, the Executive may implement its decision, whether amended or not, immediately; or:

(a) may, where the decision is of particular high local significance and public interest, refer the decision to Council for full debate by all members of the Council. In these circumstances, a special meeting of the Council will be held within 14 working days and the Executive decision will not be implemented until after the meeting of the full Council.

(b) will, where the decision is, in the opinion of the Monitoring Officer and/or the Chief Finance and Resources Officer, a departure from the approved policies or budget, refer the decision to Council for full debate by all Members of the Council. In these circumstances, a special meeting of the Council will be held within 14 working days and the Executive decision will not be implemented until after the meeting of the full Council.

10.15 Where the Executive's decision is not a departure from approved policies and/or budget and the Council refer the decision back to the Executive, the Executive will reconsider the decision in the light of the reasons expressed at Council before adopting and implementing a final decision.

10.16 Where the Monitoring Officer and/or the Chief Finance and Resources Officer has advised that the decision is contrary to the policy framework, or contrary to or not wholly in accordance with the approved budget, the Council may:

  1. endorse the decision or proposal of the Executive decision-taker as falling within the existing budget and policy framework, in which case the decision may be implemented, or
  2. amend the policy or the budget concerned to encompass the decision or proposal to enable the decision to be implemented, or;-
  3. accept the advice of the Monitoring Officer and/or the Chief Finance Officer and Resources Officer and require the Executive to reconsider the matter in accordance with that advice.

10.17 If, after a meeting of the Scrutiny Board has been requested, the Executive reconsiders its decision and reaches a conclusion which satisfies the members that called that meeting, the item requiring a review of the Executive's decision will be withdrawn from the agenda. If there is no other business to be transacted at the meeting, the Board meeting will be cancelled.

Attendance at Executive and Board meetings

10.18 Whenever any decision of the Executive is being reviewed under this procedure, the Executive will have the right to be represented by an Executive Member at the meeting of the Scrutiny Board. In addition, the Executive may also call on the appropriate professional officer to provide information to the Board when considering the proposed decision.

10.19 Where the Council refers any decision back to the Executive under the provisions of this procedure, the chairman of the Scrutiny Board (or in his absence the vicechairman or another member of the Board) will be entitled to attend the meeting of the Executive to represent the views of the Scrutiny Board.

Review of arrangements

10.20 The operation of this procedure relating to call in will be monitored by the Chief Executive Officer and a report submitted to Council at least annually to enable, if necessary, the arrangements to be reviewed.

Chapter 11 - Archived

Chapter 12 - Deputation Schemes

A : Scheme for making deputations to meetings of the Council, Executive, Scrutiny Board, a review panel, a committee (other than Planning Development Control Committee) or a sub-committee

A-12.1 Notice of a proposed Deputation, which shall be given in writing, shall be lodged with the Head of Democratic Services no later than by noon two working days before the day of the meeting and:

  1. in the case of a meeting of the full Council, shall be addressed to the Mayor
  2. in the case of a meeting of the Executive, shall be addressed to the Executive Leader
  3. in the case of a Panel, Committee or Sub-Committee of the Council, shall be addressed to the chairman of the relevant Panel, Committee or Sub-Committee.

A-12.2 A notice shall give brief details of the subject on which a Deputation wishes to be heard.

A-12.3 A Deputation to the Executive, a Committee, the Scrutiny Board or a Review Panel shall be entitled to address the meeting only on a matter which forms the subject of an item for discussion on the agenda for that meeting.

A-12.4 A Deputation to a meeting of the full Council shall be entitled only to address members on matters concerning functions and powers of the Council.

A-12.5 Deputations shall be received only from persons who are living or working in the Borough

A-12.6 Councillors may not make deputations under this scheme.

A-12.7 With the consent of the Mayor, Executive Leader or Chairman, as appropriate, a Deputation may be presented by one person to speak on his, her or its behalf.

A-12.8 Subject to the other provisions of this scheme, Deputations may be in any reasonable form.

A-12.9 Notwithstanding the time limits for Deputations allowed by the Council's Standing Orders (that is, that addresses shall not exceed ten minutes in total for each deputation, this period to include the time taken to read any memorial presented) the total time for receipt of all Deputations at any one meeting shall be thirty minutes. If more than three Deputations are received at a meeting, the time allowed for each shall be reduced accordingly.

A-12.10 In relation to meetings of the Executive, the Scrutiny Board, Review Panels or Committees, the item next on each agenda after Apologies for Absence, (election of a Vice-Chairman as required), Minutes, Chairman's Announcements and Declarations of Interests, shall be:-

'To receive Deputations of which notice has been lodged'.

If no notice has been lodged or if no Deputation is present to be received, the meeting shall proceed to the next business.

A-12.11 In relation to meetings of the full Council, receipt of Deputations shall be timetabled as the Mayor shall decide.

A-12.12 Deputations shall not be received at site meetings or at the Annual Meeting of the Council.

A-12.13 Arrangements shall be made for a list of Deputations to be circulated to members present at the beginning of each relevant meeting.

B : Scheme for making deputations to meetings of the Planning Development Control Committee

B-12.1 Notice of a proposed deputation shall be given in writing and shall be lodged with the Head of Democratic Services no later than noon two working days before the day of the meeting.

B-12.2 The notice shall specify the application or other matter on which a deputation wishes to be heard and, in the case of an application for planning consent, shall specify whether the deputation is for or against the proposal.

B-12.3 A deputation shall be entitled to address the meeting only on a matter which forms the subject of an item for discussion on the agenda for that meeting.

B-12.4 Deputations shall be received only from the applicant or his/her professional agent or from persons who are living or working in the Borough. Only one deputation will be accepted per household. (Note : for this purpose "household" will be taken to mean all the persons who usually live in the same dwelling unit and who share living arrangements).

B-12.5 Where two or more notices of deputation are received on the same matter, the Council will actively encourage the appointment of a single spokesperson to present the deputation on behalf of all.

B-12.6 Subject to the other provisions of this scheme, deputations may be in any reasonable form. Any written, photographic or other material to be presented as part of the deputation shall be lodged with the Head of Democratic Services no later than noon two working days before the day of the meeting. With the consent of the Committee, deputees may be permitted to circulate relevant photographs or drawings at the meeting and no other material. Planning officers will be invited to comment if appropriate on the photographs or drawings circulated.

B-12.7 Deputations shall not be received at site meetings.

B-12.8 Notwithstanding the provisions of Standing Order 57, the time limits for presenting deputations shall be :

  1. In respect of those speaking in support of an application : a single deputation shall be allocated not more than three minutes; a single spokesperson representing two or more deputees shall be allocated not more than six minutes; in the event that there is more than one speaker, the total time allowed for all speakers shall be six minutes and the time shall be shared equally among them.
  2. In respect of those speaking against an application : a single deputation shall be allocated not more than three minutes; a single spokesperson representing two or more deputees shall be allocated not more than six minutes; in the event that there is more than one speaker, the total time allowed for all speakers shall be six minutes and the time shall be shared equally among them.
  3. In respect of those deputations to be made by established amenity groups* on an issue relevant to their area of interest : a single deputation shall be allocated not more than three minutes; a single spokesperson representing two or more amenity groups shall be allocated not more than six minutes; in the event that there is more than one speaker, the total time allowed for all speakers shall be six minutes and the time shall be shared equally among them. (* a list of established amenity groups is maintained by the Committee and may be revised periodically at the discretion of the Chairman in consultation with ward members.)
  4. In respect of deputations on other matters : the total time allocated shall be five minutes for a proposal and five minutes against a proposal when it is appropriate to do so; otherwise the total time allocated shall be five minutes. A single deputation shall be allocated not more than three minutes; a single spokesperson representing two or more deputees shall be allocated not more than five minutes; in the event that there is more than one speaker, the total time allowed for all speakers shall be five minutes and the time shall be shared equally among them.

B-12.9 Each agenda for meetings of the committee shall include an item: "To receive deputations of which notice has been lodged".

B-12.10 The order in which deputations shall be heard shall be arranged by the Head of Democratic Services in accordance with the following practice. If the deputation to be made relates to an application then the order of speakers will be determined by the officers' recommendation: if the recommendation is for permission, then those speaking in opposition to the application will speak first, then those in support; if the recommendation is for refusal then the order is reversed. On miscellaneous and other matters coming before the Committee, speakers will be heard in the order their deputations are received.

B-12.11 Arrangements shall be made for a list of deputations to be circulated to members present at the beginning of each meeting. Where a spokesperson has been appointed to present more than one deputation, the notice shall state for whom the spokesperson is speaking.

B-12.12 If a deputee is not present at the meeting when the matter is due to be determined, the Committee shall proceed as if no notice had been given and may determine the matter.

Scheme adopted Dec 2004 and amended at subsequent meetings.



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