Review of Standing Orders

Report: 10 - agm
Date: 08 July 2004
By: Clerk

AGM report

Summary

The Authority’s current procedural Standing Orders have been in place since the MPA came into existence in 2000. They were reviewed in May 2003 to correct some omissions and clarify some areas. Following a request by members, this report now revisits the urgency process and a procedure for the Authority to ‘call in’ decisions made by committees.

A. Recommendation

That the Authority approves the urgency process and the procedure for ‘calling in’ decisions given at Appendix 1 for inclusion in the Authority’s Standing Orders with immediate effect.

B. Supporting information

1. The current procedural Standing Orders were agreed when the Authority came into existence in July 2000. A review was undertaken in May 2003, to correct some omissions and to update in the light of experience.

2. At the Authority meeting in April 2004, members requested that officers review the process for dealing with ‘urgent matters’ and develop further the procedure for ‘calling in’ decisions made by committees.

3. A review of the other elements of the Authority’s Standing Orders, such as Financial Regulations and Contract Regulations is currently ongoing and will be reported to a future meeting of the Authority.

4. Under current arrangements the Co-ordination and Policing Committee exercise an urgency function. Where this cannot be invoked (and only in such circumstances) the Clerk and/or the Treasurer may take the necessary decision, after consultation with the Commissioner as appropriate, subject to written support of the Chair of the Authority or appropriate Chair of the committee with the delegated powers. Any such decisions should then be reported to the next meeting of the Authority.

5. It is now proposed that the current process should remain, but with wider consultation and details of decisions taken further disseminated. These proposals are given in full in Appendix 1.

6. Appendix 1 also outlines the proposals to clarify/expand the provision for the Authority to call in any committee decision.

C. Equality and diversity implications

There are no significant equalities issues related to the changes proposed to Standing Orders.

D. Financial implications

None

E. Background papers

Current Standing Orders

F. Contact details

Report author: Nick Baker
For more information contact:

MPA general: 020 7202 0202
Media enquiries: 020 7202 0217/18

Appendix 1

Proposed arrangements for dealing with urgent matters (new proposals are given in italic)

6.1 Urgency powers

6.1.1 There is a presumption that all decisions required to be made by the Authority and not delegated to the officers will be made through the Authority’s normal committee processes. Under the current arrangements the Co-ordination & Policing Committee exercises an urgency function and can deal with urgent matters that cannot wait for the next meeting of the Authority or the committee to which the power is reserved.

6.1.2 Where these urgency committee arrangements cannot be invoked, and only in such circumstances, the Clerk and/or Treasurer may take the necessary decision (after consultation with the Commissioner as appropriate). However this delegation is subject to the following process having been followed.

6.1.3 The fundamental principle is that appropriate members should be consulted and support the decision proposed. To this end the Clerk / Treasurer shall consult:-

• the Chair and both Deputy Chairs of the Authority, together with
• the Chair of the Committee which would normally be responsible for taking a decision on the matter (for matters not reserved for decision by the full Authority)

6.1.4 The Clerk / Treasurer shall use the most appropriate method of consulting with these members. This may be by way of a meeting, or by telephone, letter or email. Although every effort must be made to consult all the above members, the minimum requirement, if the matter is of extreme urgency and not all members are available, is for consultation with the Chair of the Authority or one Deputy Chair, and the relevant Committee Chair, where the decision would normally be taken by that Committee (or the Deputy Chair in the Chair’s absence)

6.1.5 The Clerk / Treasurer shall also make every effort to inform all members of the relevant committee (or of the Authority where the decision would normally be taken by the full Authority) that it is proposed to take a decision, together with summarised details of the action proposed. A decision shall not be invalidated by this not having been done. If it is not practicable to communicate with members before the decision is taken, they shall be informed as soon as possible afterwards of that decision.

6.1.6 Urgent decisions taken under delegated authority in this way must be reported to the next meeting of the Authority for information. In doing so, the Clerk / Treasurer shall indicate which members were consulted before the decision was taken.

Proposed arrangements for ‘calling in’ decisions (new proposals are given in italic)

3.1.2 The Authority shall retain the ability to call in any committee decision irrespective of the extent and terms of delegation of functions to committees. This power shall be exercised in the following way:

• The Chair of the Authority may determine that a committee decision should not be acted upon until the next ordinary meeting of the full Authority
• This call in power may also be exercised by any three members immediately upon the making of the decision by the committee by means of an oral request that the item be called in (which shall be recorded in the minutes of the meeting) or by writing to the Clerk within five working days of the committee meeting at which the decision was taken
• As soon as the call in power has been exercised, no further action shall be taken to implement or give effect to the decision.
• When the call in power has been invoked, an item will be placed on the agenda for the next ordinary meeting of the Authority. The Authority will then decide whether to call in the committee’s decision. If it decides to do so, it will then proceed to consider whether to confirm or change the committee’s decision
• The Authority shall take into account any advice from the Deputy Clerk and Solicitor to the Authority in respect of its ability to change a committee decision, for instance in cases where a contractual commitment or other legal liability had been entered into before exercise of the call in power

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