Part 4 - Access To Information Procedure Rules
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1. Scope
Executive Arrangements
These rules apply to all meetings of the Council, Overview and
Scrutiny Committees, Area Committees (if any), the Standards
Committee and Regulatory Committees and meetings of the Executive
(together called meetings).
2. Additional Rights to Information
These rules do not affect any more specific rights to
information contained elsewhere in this Constitution or the
law.
3. Rights to Attend Meetings
Members of the public may attend all meetings subject only
to the exceptions in these rules.
4. Notice of Meeting
The Council will give at least five clear days notice of
any meeting by posting details of the meeting at the offices of the
Council and publishing the Agenda on the Council's
website.
5. Access to Agenda and Reports Before the Meeting
The Council will make copies of the agenda and reports
open to the public available for inspection at the designated
office at least five clear days before the meeting. If an item is
added to the agenda later, the Proper Officer shall make the
revised agenda (where reports prepared after the summons have been
sent out), available to the public as soon as the report is
completed and sent to Councillors.
6. Supply of Copies
The Council will supply copies of:
(a) any agenda and reports which are open to public
inspection;
(b) any further statements or particulars necessary to
indicate the nature of the items in the
agenda; and
(c) any other documents supplied to Councillors in connection
with an item included upon the
agenda to any person on
payment of a charge for postage and any other costs, if the
Proper
Officer thinks fit.
7. Access to Minutes etc after the Meeting
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.
The Proper Officer
will produce the minutes of meetings or record of decisions taken
or a
summary of proceedings as
referred to in (a) and (b) above within three working days, but
will
attempt to produce them within
two working days.
8. Background Papers
8.1 List of Background Papers
The author of a report will set out in every
report which is not ‘Exempt’ or ‘Confidential’ a list of those
documents (called background papers) relating to the subject matter
of the report which in his opinion:
(a) disclose any facts or matters on which the report or an
important part of the report is
based; and
(b)
have been relied on to a material extent in preparing the report
but does not include
published works or those which
disclose ‘Exempt’ or ‘Confidential Information’ (as defined
in
Rule 10) and in respect of
executive reports, the advice of any political adviser or
assistant.
8.2 Public Inspection of Background Papers
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.
9. Summary of Public's Rights
A written summary of the public’s rights to attend
meetings and to inspect and copy documents must be kept at and
available to the public at the Council’s main offices. A copy
of this document is set out in Appendix 2 to these Procedure
Rules.
10. Exclusion of Access by the Public to Meetings
10.1 Confidential Information – Requirement to Exclude
Public
The public must 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. (See 10.3 below)
10.2 Exempt Information – Discretion to Exclude
Public
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. (See 10.4 below)
Where the meeting will determine any person’s civil rights
or obligations, or adversely affect their possessions, Article 6 of
the Human Rights Act 1998 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.
10.3 Meaning of Confidential Information
‘Confidential Information’ means information given to the
Council by a Government Department on terms which forbid its public
disclosure or information which cannot be publicly disclosed by
Court Order.
10.4 Meaning of Exempt Information
Exempt information means information falling within the
following 7 categories (subject to any note): Please refer
to Part 3, Appendix 4 – Terms of Reference of
Council Committees and Delegations – Standards Committee - Hearings
– Appendix C (Pages 227 and
228) for the additional categories which apply in
terms of the Standards Committee.
Paragraph 1: Information relating to any
individual.
Paragraph 2: Information which is likely
to reveal the identity of an individual.
Paragraph 3: Information relating to the
financial or business affairs of any particular person (including
the Authority holding that information).
Note:- Information falling within Paragraph 3
above is not exempt information by virtue of that paragraph if it
is required to be registered under
(a) the
Companies Act 1985
(b) the
Friendly Societies Act 1974
(c) the
Friendly Societies Act 1992
(d) the
Industrial and Provident Societies Acts 1965 – 1978
(e) the
Building Societies Act 1986
(f) the
Charities Act 1993
Paragraph 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.
Paragraph 5: Information in respect of
which a claim to legal professional privilege could be maintained
in legal proceedings.
Paragraph 6: Information which reveals
that the authority proposes –
(a) to give
under any enactment a notice under or by virtue of which
requirements are imposed
on a person;
or
(b) to make
an Order or direction under any enactment.
Paragraph 7: Information relating to any
action taken in connection with the prevention, investigation or
prosecution of crime.
Note 1: 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.
Note 2: Information which:-
(a) Falls
within any of paragraphs 1 – 7 above; and
(b) Is not
prevented from being exempt by virtue of Note 1 above or the note
set out under Paragraph 3 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.
11. Exclusion of Access by the Public to Reports
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 Rule 10, 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.
12. Application of Rules to the Executive
Rules 1 - 21 apply to the Executive and its Committees. If
the Executive or its Committees meet to take a key decision it will
comply with Rules 1 – 11 unless Rule 15 (general exception) or Rule
16 (special urgency) apply. A key decision is defined in Article
13.03 of this Constitution.
13. Procedure Before Taking Key Decisions
Subject to Rule 15 (general exception) and
Rule 16 (special urgency), a key decision may not be taken
unless:
(a) a notice
(called here a forward plan) has been published in connection with
the matter in
question;
(b) at least
5 clear days have elapsed since the publication of the forward
plan; and
(c) where the decision is to be taken at a meeting of the
Executive or its Committees, notice
of the meeting
has been given in accordance with Rule 4 (notice of
meetings).
14. The Forward Plan
14.1 Period of Forward Plan
Forward plans will be prepared by the Leader to cover a
period of four months, beginning with the first day of any
month. They will be prepared on a monthly basis and
subsequent plans will cover a period beginning with the first day
of the second month covered in the preceding plan.
14.2 Contents of Forward Plan
The forward plan will contain matters which
the Leader has reason to believe will be subject of a key decision
to be taken by the Executive, a Committee of the Executive,
individual Members of the Executive, Officers, Area Committees or
under Joint Arrangements in the course of the discharge of an
Executive function during the period covered by the plan. It
will describe the following particulars in so far as the
information is available or might reasonably be obtained:
(a) the
matter in respect of which a decision is to be made;
(b) where
the decision taker is an individual, his name and title, if any and
where the decision
taker is a body,
its name and details of membership;
(c) the date
on which, or the period within which, the decision will be
taken;
(d) the
identity of the principal groups whom the decision taker proposes
to consult before
taking the
decision;
(e) the
means by which any such consultation is proposed to be
undertaken;
(f) the steps any person might take who wishes to make
representations to the Executive or
decision taker
about the matter in respect of which the decision is to be made,
and the date
by which those
steps must be taken; and
(g) a list
of the documents submitted to the decision taker for consideration
in relation to the
matter.
The forward plan
must be published at least 14 days before the start of the period
covered.
The Proper
Officer will publish once a year a notice in at least one newspaper
circulating in
the area,
stating:
(a) that key
decisions are to be taken on behalf of the Council;
(b) that a
forward plan containing particulars of the matters on which
decisions are to be taken
will be prepared
on a monthly basis;
(c) that the
plan will contain details of the key decisions to be made for the
four month period
following its
publication;
(d) that
each plan will be available for inspection at reasonable hours free
of charge at the
Council’s
offices;
(e) that
each plan will contain a list of the documents submitted to the
decision takers for
consideration in
relation to the key decisions on the plan;
(f) the
address from which, subject to any prohibition or restriction on
their disclosure, copies
of, or extracts
from, any document listed in the forward plan is available;
(g) that
other documents may be submitted to decision takers;
(h) the
procedure for requesting details of documents (if any) as they
become available; and
(i) the
dates on each month in the following year on which each forward
plan will be published
and available to
the public at the Council’s offices.
‘Exempt
Information’ need not be included in a forward plan and
‘Confidential Information’
cannot be
included.
15. General Exception
If a matter which is likely to be a key
decision has not been included in the forward plan, then subject to
Rule 16 (special urgency), the decision may still be taken if;
(a) the
decision must be taken by such a date that it is impracticable to
defer the decision until it has been included
in the next
forward plan and until the start of the first month to which the
next forward plan relates;
(b) the
Proper Officer has informed the Chairman of the relevant Overview
and Scrutiny Committee, or if there is
no such person,
each Member of that Committee in writing, by notice, of the matter
to which the decision is to be
made;
(c) the
Proper Officer has made copies of that notice available to the
public at the offices of the Council; and
(d) at least
5 clear days have elapsed since the Proper Officer complied with
(a) and (b).
Where such a decision is taken collectively,
it must be taken in public unless it is likely that ‘Exempt’ or
‘Confidential Information’ will be disclosed.
NB:
For assistance see flowchart at Appendix 1
16. Special Urgency
If by virtue of the date by which a decision
must be taken Rule 15 (general exception) cannot be followed, then
the decision can only be taken if the decision taker (if an
individual) or the Chairman of the body making the decision,
obtains the agreement of the Chairman of the relevant Overview and
Scrutiny Committee that the taking of the decision cannot be
reasonably deferred. If there is no Chairman of the Overview
and Scrutiny Committee, or if the Chairman of the Overview and
Scrutiny Committee is unable to act, then the agreement of the
Mayor or in his/her absence the Deputy Mayor will suffice.
NB:
For assistance see flowchart at Appendix 1
17. Report to Council
17.1 When an Overview and Scrutiny Committee Can Require
a Report
If an Overview and Scrutiny Committee thinks
that a key decision has been taken which was not:
(a) included
in the forward plan; or
(b) the
subject of the general exception procedure; or
(c) the
subject of an agreement with an Overview and Scrutiny Committee
Chairman or the Mayor or Deputy
Mayor of the
Council under Rule 16;
the Committee may require the Executive to submit a report
to the Council within such reasonable time as the Committee
specifies. The power to require a report rests with the
Committee, but is also delegated to the Proper Officer, who shall
require such a report on behalf of the Committee when so requested
by the Chairman or any 5 Members. Alternatively the
requirement may be raised by resolution passed at a meeting of the
Overview and Scrutiny Committee.
17.2 Executive’s Report to Council
The Executive will prepare a report for submission to the
next available meeting of the Council. However, if the next
meeting of the Council is within 7 days of receipt of the written
notice, or the resolution of the Committee, then the report may be
submitted to the meeting after that. The report to Council
will set out particulars of the decision, the individual or body
making the decision, and if the Leader is of the opinion that it
was not a key decision the reasons for that opinion.
17.3 Quarterly Reports on Special Urgency
Decisions
In any event the Leader will submit quarterly reports to
the Council on the executive decisions taken in the circumstances
set out in Rule 16 (special urgency) in the preceding three
months. The report will include the number of decisions so
taken and a summary of the matters in respect of which those
decisions were taken.
18. Record of Decisions
After any meeting of the Executive or any of its
Committees, whether held in public or private, the Proper 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. The Proper
Officer will produce this record within three working days, but
will attempt to produce them within two working days.
19. Executive Meetings Relating to Matters Which are not Key
Decisions
Meetings of the Executive relating to matters which are
not key decisions will be held in public unless it is likely that
‘Exempt’ or ‘Confidential Information’ will be disclosed. The
exclusion of the public will, however, only be for such
items.
20. Decisions by Individual Members of the Executive
20.1 Reports Intended to be taken into
Account
Where an individual Member of the Executive receives a
report which s/he intends to take into account in making any key
decision, then s/he will not make the decision until at least 3
clear days after receipt of that report.
20.2 Provision of Copies of Reports to Overview and
Scrutiny Committees
On giving of such a report to an individual decision
maker, the person who prepared the report will give a copy of it to
the Chairman of the Overview and Scrutiny Committee as soon as
reasonably practicable, and make it publicly available at the same
time.
20.3 Record of Individual Decision
As soon as reasonably practicable after an executive
decision has been taken by an individual Member of the Executive or
a key decision has been taken by an Officer, he will prepare, or
instruct the Proper Officer to prepare, a record of the decision, a
statement of the reasons for it and any alternative options
considered and rejected. The provisions of Rules 7 and 8
(inspection of documents after meetings) will also apply to the
making of decisions by individual Members of the Executive.
This does not require the disclosure of ‘Exempt’ or ‘Confidential
Information’ or advice from a political adviser or
assistant.
21. Overview and Scrutiny Committees Access to Documents
21.1 Rights to Copies
Subject to Rule 21.2 below, an Overview and
Scrutiny Committee (including its Sub-Committees) will be entitled
to copies of any document which is in the possession or control of
the Executive or its Committees and which contains material
relating to:-
(a) any business transacted at a meeting of the Executive or
its Committees; or
(b) any decision taken by an individual Member of the
Executive.
These rights are additional to those which Members of the
Overview and Scrutiny Committee have as Members of the
Council.
21.2 Limits on Rights
An Overview and Scrutiny Committee will not be
entitled to:-
(a) any document that is in draft form;
(b) 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 and any such
information should
remain confidential.
(c)
the advice of a political adviser or assistant.
22. Additional Rights of Access for Members
22.1 Material Relating to Previous Business
All Members will be entitled to inspect any
document which is in the possession or under the control of the
Executive or its Committees unless either (a) or (b) below
applies.
(a) it contains ‘Exempt Information’ falling within paragraphs
1, 2, 3, 4, 5 and 7 of the categories of ‘Exempt
Information’; or
(b)
it contains the advice of a political adviser or
assistant.
22.2 Material Relating to Decisions
All Members of the Council will be entitled to inspect any
documents (except those available only in draft form) in the
possession or under the control of the Executive or its Committees
which relates to any key decision unless paragraph (a) or (b) above
applies.
22.3 Nature of Rights
These rights of a Member are additional to any
other right s/he may have.
NB: A copy of the ‘Rights of Access
to Meetings and Documents by Members of the Council’ is contained
in Appendix 2 to these Procedure Rules.
22.4 Access to Exempt Reports
Copies of all final reports (including ‘Exempt
Information’) to the Executive, Executive Committees and Portfolio
Holders shall be made available to all Members of the Council at
least five clear days in advance of the meeting. Similarly
all records of decisions made by the Executive shall be made
available to all Members of the Council.
Next -
Appendix 1 - Flow Chart
This webpage was updated on
9/29/2010