Part 4 - Access to Information Rules
Access to Information Rules
1. Meetings covered by these Rules
1.1 These Rules apply to all Meetings of:-
(a) the Council Meeting(b) the Scrutiny Committees(c) the Ethical Standards Committee(d) the Planning Committee(e) the Licensing Committee(g) the Appeals Committee
1.2 These Rules apply to all public Meetings of the Cabinet
2. Additional rights to information
2.1 These Rules do not affect any more specific rights to information contained elsewhere in this Constitution or the law.
3. Rights to attend meetings
3.1 Members of the public may attend all Meetings subject only to the exceptions in these rules.
4. Notices of meeting
4.1 The Council will give at least Five Clear Days’ notice of any Meeting by posting details of the meeting at the Designated Office.
5 Access to agenda and reports before the meeting
5.1 Copies of:-
(a) the agenda,(b) those reports which are open to the public
Will be made available for inspection at the Designated Office at least Five Clear Days before the meeting, unless 5.2 or 5.3 apply.
5.2 If a Meeting is convened with less notice, copies of the agenda and reports must be open to inspection from the time the meeting is convened.
5.3 If an item is added to an agenda which is open to inspection, copies of the item and the revised agenda must be open to inspection from the time the item is added to the agenda.
6. Consideration of items of business
6.1 An item of business may not be considered at a Meeting unless either:-
(a) a copy of the agenda including the item (or a copy of it) is open to inspection by a member of the public for at least Five Clear Days before the meeting, or if the meeting was convened with less notice, from the time the meeting is convened, or(b) the Chair of the Meeting considers that for reasons of special circumstances, the item should be considered at the Meeting as a matter or urgency.
6.2 Rules 14 to 17 will apply if the item of business relates to a Key Decision.
7. Supply of copies
7.1 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) if the Monitoring Officer thinks fit, copies of any other documents supplied to Councillors in connection with an item to any person on payment of a charge for postage and any other costs.
7.2 The Council may first direct a member of the public seeking copies of documents referred to in 7.1 to the Council’s website if copies of those documents are available there.
8. Access to minutes etc after the meeting
8.1 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 Cabinet 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.
9 Background papers
9.1 The Proper Officer will set out a list of Background Papers in every report.
9.2 The Council will make available for public inspection one copy of each Background Paper for four years after the date of the Meeting.
10 Summary of Public’s Rights
10.1 A written summary of the public’s rights to attend meetings and to inspect and copy documents will be kept at and available to the public at the Designated Office.
11 Exclusion of Access by the Public to Meetings
11.1 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.
11.2 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.
11.3 Where the Meeting will determine any person’s civil rights or obligations, or adversely affect their possessions, the Council will give due consideration to the presumption in article 6 of the European Convention on Human Rights that the Meeting will be held in public unless a private hearing is necessary for one of the reasons specified in Article 6.
12 Exclusion of access by the public to reports
12.1 If the Monitoring Officer thinks fit, the Council may exclude access by the public to reports which in their opinion relate to items during which, in accordance with Rule 11, 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.
13 Application of rules to the Cabinet
13.1 Rules 14-20 apply to the Cabinet and its committees. If the Cabinet or its committees meet to take a Key Decision then it must also comply with Rules 1-11 unless Rule 15 (general exception) or Rule 16 (special urgency) apply.
13.2 If the Cabinet or its committees meet:-
(a) to discuss a Key Decision to be taken collectively, and
(b) with an Officer other than a Political Assistant present,
(c) within 28 days of the date in the Forward Plan by which it is to be decided,
then it must also comply with Rules 1-11, unless Rule 15 (general exception) or Rule 16 (special urgency) apply.
13.3 The requirement in Rule 13.2 does not include meetings, whose sole purpose is for Officers to brief Councillors.
14 Procedure before taking key decisions
14.1 Subject to Rule 15 (general exception) and Rule 16 (special urgency), a Key Decision may not be taken unless:
(a) A Forward Plan has been published in connection with the matter in question;(b) at least Five 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 Cabinet or its committees, notice of the meeting has been given in accordance with Rule 4 (notice of meetings).
15 The Forward Plan
15.1 Forward Plans will be prepared by the Cabinet 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.
15.2 The Forward Plan must be published at least 14 days before the start of the period covered.
15.3 The Forward Plan will contain matters which the Cabinet has reason to believe will be subject of a Key Decision to be taken by the Cabinet, a committee of the Cabinet, individual members of the Cabinet, Officers or under joint arrangements in the course of the discharge of an Executive Function during the period covered by the plan.
15.4 The Forward Plan will describe the following 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, their 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 Cabinet 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.
15.5 The Monitoring 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 will contain 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 this disclosure, copies of, or extracts from, any documents 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.
16 General exception
16.1 If the matter which is likely to be a Key Decision has not been included in the Forward Plan, then subject to Rule 17 (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 Monitoring Officer has informed the chair of the relevant 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 Monitoring Officer has made copies of that notice available to the public at the Designated Office; and(d) at least Five Clear Days have elapsed since the Monitoring Officer complied with (a) and (b).
16.2 Where such a decision is taken collectively, it must be taken in public, unless it involves consideration of Exempt or Confidential Information.
17 Special urgency
17.1 If because of the date by which a decision must be taken, Rule 16 (general exception) cannot be followed, then the decision can only be taken if the decision taker (if an individual) or the chair of the body making the decision, obtains the agreement of the chair of the relevant Scrutiny Committee that the taking of the decision cannot be reasonably deferred.
17.2 If there is no chair of the relevant Scrutiny Committee, then the agreement of the Chair of the Council, or in their absence the vice chair will suffice.
17.3 The Cabinet will submit quarterly reports to the Council Meeting on the decisions taken in the circumstances set out in this Rule 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 Report to the Council Meeting
18.1 If a 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;(c) or the subject of an agreement with a relevant Scrutiny Committee Chair, or the Chair of the Council or Vice-Chair of the Council under Rule 17,
the committee may require the Cabinet to submit a report to the Council Meeting within such reasonable time as the committee specifies.
18.2 The power to require a report in Rule 18.1 may be exercised by:-
(a) resolution passed at a meeting of the relevant Scrutiny Committee, or(b) the Monitoring Officer, when so requested by the chair or any 3 members of the relevant Scrutiny Committee.
18.3 If required under Rule 18.1, the Cabinet will prepare a report for submission to the next available Council Meeting. However, if the next Council Meeting is within 7 days of the 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 the Council Meeting will set out particulars of the decision, the individual or body making the decision, and if the Cabinet is of the opinion that it was not a Key Decision the reasons for that opinion.
19 Record of decisions
19.1 After any meeting of the Cabinet or any of its committees, whether held in public or private, the Monitoring 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.
20 Scrutiny Committees access to documents
20.1 Subject to Rule 20.2 below, a Scrutiny Committee (including its sub-committees) will be entitled to copies of any document which is in the possession or control of the Cabinet or its committees and which contains material relating to:-
(a) any business transacted at a meeting of the Cabinet or its committees;(b) any decision taken by an individual member of the Cabinet.(c) any decision taken by an Officer under the Function Scheme
20.2 A 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.
21 Additional rights of access for Councillors
21.1 Councillors will be entitled to inspect any document which is in the possession or under the control of the Cabinet or its committees and contains material relating to any business previously transacted at a private meeting unless it contains Exempt Information.
21.2 Councillors will be entitled to inspect any document (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 decisions unless paragraph 21.1 above applies.
21.3 The rights of a Councillor in Rule 21.1 and 21.2 are additional to any other right they may have.
| |||||||||
Advertisements
Advertising Policy - The inclusion of an advertisement on this site does not imply a recommendation or endorsement by NEDDC.
