Part 4B - Access to Information Procedure Rules

These rules apply to all meetings of the County Council, overview and scrutiny committees, area committees (if any), the Standards Committee (subject to Rule 25 below) and Regulatory boards and committees, and public meetings of the Executive (together called “meetings”).

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

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

The County Council will give at least five clear days notice of any meeting by posting details of the meeting at County Hall.

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

The County Council will supply copies of:

on payment of a charge for postage and any other costs.

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

The Proper Officer (in this context, the officer writing the report) 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:

The County 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.

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 County Hall.  As the Constitution must be available to the public, then these Rules constitute the written summary.

(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.

(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. 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.

(3)   “Confidential information” means information given to the County Council by a Government Department on terms which forbid its public disclosure or information which cannot be publicly disclosed by Court Order.

(4)   “Exempt information" means information falling within the statutory categories (subject to any qualification) described in the schedule to these Rules.  Information is not exempt if it relates to proposed development for which the local planning authority can grant itself planning permission under Regulation 3 of the Town and Country Planning General Regulations 1992.  Information is only “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.

If the Chief Executive thinks fit, the County 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.

(1)   Rules 13 to 24 apply to the Executive and its committees (if any). If the Executive or its committees meet to take a Key Decision then it must also comply with Rules 1 to 11 unless Rule 15 (general exception) or Rule 16 (special urgency) apply.  A Key Decision is as defined in Article 13.03 of this Constitution.

(2)   If the Executive or its committees (if any) meet to discuss a Key Decision, with an officer other than a political assistant present, within 28 days of the date according to the Forward Plan by which it is to be decided, then it must also comply with Rules 1 to 11 unless Rule 15 (general exception) or Rule 16 (special urgency) apply.  This requirement does not include meetings, whose sole purpose is for officers to brief members.

Subject to Rule 15 (general exception) and Rule 16 (special urgency), a Key Decision may not be taken unless:

[Note: a Key Decision is defined, in principle, in Article 13.03 in Part 2 (Articles).  The local working definition of a Key Decision is in Rule 8 in Part 4D (Executive Procedure Rules).  This in turn refers to the budget sections defined in Schedule 1 of the Standard Financial Instructions, which appear after the conclusion of Part 4F (Financial Procedure Rules)]

(1)   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.

(2)   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:

[Note: in adopting this Constitution the County Council decided, with the concurrence of the Executive, that no executive decisions will be taken by individual members of the Executive.]

(3)   The Forward Plan must be published at least 14 days before the start of the period covered.

(4)   The Chief Executive will publish once a year a notice in at least one newspaper circulating in the area, stating:

(5)   Exempt information need not be included in a Forward Plan and confidential information cannot be included.

(1)   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:

(2)   Where such a decision is taken collectively, it must be taken in public.

(1)   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 a relevant overview and scrutiny committee that the taking of the decision cannot be reasonably deferred.

(2)   If there is no chairman of a relevant overview and scrutiny committee, or if the chairman of each relevant overview and scrutiny committee is unable to act, then the agreement of the Chairman of the County Council, or in his/her absence the Vice-chairman will suffice.

(1)   If an overview and scrutiny committee thinks that a Key Decision has been taken which was not:

the committee may require the Executive to submit a report to the County 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 Chief Executive, who shall require such a report on behalf of the committee when so requested by its chairman or any four of its members. Alternatively, the requirement may be raised by resolution passed at a meeting of the relevant overview and scrutiny committee.

(2)   The Executive will prepare a report for submission to the next available meeting of the County Council. However, if the next meeting of the County Council is within seven 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 County 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.

(3)   In any event the Leader will submit quarterly reports to the County 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.

After any meeting of the Executive or any of its committees, whether held in public or private, the Chief Executive 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.

Subject to Article 7.06(a) in Part 2 of this Constitution, the Executive will decide whether meetings relating to matters which are not Key Decisions will be held in public or private.

[Note: in Rules 20, 21 and 24(1) “private meeting of the Executive” means a meeting of the Executive at which decisions which are not Key Decisions are taken and which the Executive has decided should be held in private, as permitted by the Local Government Act 2000.  Rule 19 restates the powers given to the Executive to do this by the Local Government Act 2000.  However, in adopting this Constitution the County Council decided, with the concurrence of the then Executive, that all meetings of the Executive where any executive decisions (of whatever kind) are to be taken will be held in public, except where the public may excluded in accordance with Rule 10.  Therefore, while that County Council decision remains in operation and is reflected in Article 7.06(a), Rule 19 is effectively suspended and the provisions relating to “private meeting of the Executive” in Rules 20, 21 24(1) are of no practical effect]

Members of the Executive or its committees will be entitled to receive three clear working days notice of a meeting to which they are summoned, unless the meeting is convened at shorter notice as a matter of urgency.

(1)   All members of the Executive will be served notice of a private meeting of a committee of the Executive (if any), whether or not they are members of that committee, and will be entitled to attend and speak at that meeting.

(2)   Members other than Executive members will not be entitled to attend private meetings of the Executive, and its committees.

(3)   In accordance with Standing Order 34(3) in Part 4A, any Council member may attend as an observer at decision-making meetings of the Executive, including meetings or items of business from which the public has been excluded.  If given permission by the chairman of the meeting, a member attending as an observer may speak (but not vote) on any matter.

(4)   The Chief Executive as Head of the Paid Service, the Director of Resources as Chief Financial Officer and the County Solicitor as Monitoring Officer (and their nominees) are entitled to attend any meeting of the Executive and its committees where any executive decisions are to be taken.

(5)   Where the Executive meets in private and without an officer being present, the person presiding will have responsibility for compliance with any relevant requirements of Rule 18 (recording and publicising decisions).

(1)   Where an individual member of the Executive receives a report which he/she intends to take into account in making any Key Decision, then he/she will not make the decision until at least five clear days after receipt of that report.

(2)   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 every relevant overview and scrutiny committee as soon as reasonably practicable, and make it publicly available at the same time.

(3)   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/she will prepare, or instruct the Chief Executive to prepare, a record of the decision, a statement of the reasons for it and any alternative options considered and rejected.

(4)   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 assistant (if any).

[Note: in adopting this Constitution the County Council decided, with the concurrence of the Executive, that no executive decisions will be taken by individual members of the Executive. Therefore, while that decision remains effective and is reflected in Article 7.08, Rule 22 has no practical effect]

(1)   Subject to paragraph (2) of this Rule, 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

(2)   An overview and scrutiny committee will not be entitled to:

(1)   All members of the County Council 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 either (a), (b) or (c) below applies:

(2)   All members of the County Council 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 Decision unless paragraph (a) or (b) above applies.

(3)   These rights of a member are additional to any other right he/she may have.

These rules shall not apply to any subcommittee of the Standards Committee responsible for assessing and reviewing complaints against members.

(NB: Paragraph numbers of the categories mirror those contained in Schedule 12A of the Local Government Act 1972

NOTE - All categories are subject to the application of a public interest test - see note at end of this Schedule

Town and Country Planning

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.