The Council's Constitution

Part 4 - Procedural Rules

RULE 1 – CHAIR(PERSON)’S RIGHT TO ADD ITEM TO AN AGENDA

The Chair(person) of the Council, the Council Executive, an Overview and Scrutiny body or a Committee or Sub-Committee (as appropriate) has the authority to agree to take urgent items, not on the agenda, at meetings of the relevant Council, Council Executive, Committee or Sub-Committee.

The general authority referred to above is qualified in that items of business should not be raised at meetings without prior notice being given on the appropriate agenda unless:-

(a) the item has arisen between the compilation of the agenda and the date of the meeting.

(b) the item requires an urgent decision in the public interest which cannot be dealt with by other means; and

(c) by convention, the appropriate Committee or Sub-Committee Chair(person) and Spokespersons or (in the case of Council meetings) all Group Leaders are to be consulted on the matter and their views conveyed to the Chair(person) before s/he makes a decision on the matter.  The Chair will be guided by their views.

In all cases the reason for the urgency shall be clearly stated and recorded.

When there is a good reason why the decision cannot wait until the next ordinary meeting of the Council, the Council Executive or appropriate Committee or Sub Committee having the power to determine the matter the following alternative procedures apply (see subsequent Rules).

RULE 7 - JOINT COMMISSIONING BOARD URGENCY PROCEDURE

URGENCY POLICY PROCEDURE

General Principles

The Joint Commissioning Board needs to have regard to legal principles and good practice, which must underpin any urgency procedure, which it adopts. These are-

·        Business should be conducted at meetings open to the public wherever possible, so as to ensure transparency in the working of the Board.

·        If it is not possible for the matter to be considered at a meeting, all the relevant advice must be obtained and consultation carried out where appropriate.

·        Decisions to commit Bath and North East Somerset Council or the Primary Care Trust (PCT) need to be made in accordance with the policies and legal requirements governing the two organisations.

In the case of Bath and North East Somerset Council, this means either an executive decision made by an Executive Member or an officer acting under delegated authority.  To reflect the accountability and transparency of the Council`s decision-making processes, if an urgent decision is to be made under this provision, the decision-maker will consult the Chair of the relevant Overview and Scrutiny (O&S) Panel before committing the Council to the decision. The O&S Chair`s views will be recorded in the documentation published about the decision.

In the case of the Primary Care Trust, the PCT Chief Executive and the PCT Chair are empowered to make a decision after having consulted at least two Non Executive PCT Directors.

·        The reasons for urgency must be made clear and the appropriate documentation made available for public inspection.

Procedure

There are occasions when an urgent decision is needed, or the matter cannot wait for the next ordinary meeting of the Joint Commissioning Board.  

When an urgent matter has arisen after the despatch of the agenda, the following procedure applies:  

CHAIR’S RIGHT TO ADD ITEM TO AN AGENDA  

The Chair(person) of the Joint Commissioning Board has the authority to agree to take urgent items, not on the agenda, at meetings of the Joint Commissioning Board.

The general authority referred to above is qualified in that items of business should not be raised at meetings without prior notice being given on the agenda unless:-  

(a) the item has arisen between the compilation of the agenda and the date of the meeting.  

(b) the item requires an urgent decision in the public interest which cannot be dealt with by other means; and  

(c)   by convention, the members of the Joint Commissioning Board have been consulted on the matter and their views conveyed to the Chair(person) before s/he makes a decision on the matter.  The Chair will be guided by their views.  

In all cases the reason for the urgency shall be clearly stated and recorded.  

When there is a good reason why the decision cannot wait until the next meeting of the Joint Commissioning Board the following alternative procedures apply (see subsequent Rules) -  

1. SPECIAL MEETING OF THE JOINT COMMISSIONING BOARD

A special meeting of the Joint Commissioning Board can be called.

2.  DECISION TAKEN THROUGH DELEGATED AUTHORITY

Under this provision, the Chief Executive of the Primary Care Trust and the Council`s Strategic Director of Social & Housing Services are given delegated power to take jointly a decision which would normally be taken by the Joint Commissioning Board, provided that:  

(i)         the matter is urgent;

(ii)        the decision is within Primary Care Trust and Council policy;

(iii)       the action is taken after consultation with the Members of the Joint Commissioning Board;

(iv)      the action is reported for the information of the next available meeting of the Joint Commissioning Board.  

3.   ABSENCE PROCEDURE  

In the absence of any of the Councillors or Officers referred to in any of the above Urgency Rules, the urgent or emergency action described may be taken by a nominated deputy Councillor or Officer.  

Any such nominated deputy is hereby authorised to act fully in the role, subject to any specific statutory provision.

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