MPA Urgency Procedure

Report: 15
Date: 30 September 2004
By: Clerk

Summary

This report proposes changes to the urgency process provided in the Authority’s Standing Orders.

A. Recommendation

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

B. Supporting information

1. At its meeting on 8 July, the Authority received proposals for changes to the process set out in Standing Orders to deal with urgent business. Some reservations were expressed at that meeting – the proposals have been amended to take account of those and are now brought back for approval.

3. Under current arrangements the Co-ordination and Policing Committee exercises 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.

4. The new proposals are set out in Appendix 1. The changes to the current Standing Orders are shown in italics.

C. Race and equality impact

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:  Simon Vile, MPA

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. 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:

• where the decision would normally be taken by the full Authority, the Clerk / Treasurer shall consult with the Chair and both Deputy Chairs of the Authority
• where the decision would normally be delegated to a committee, the Clerk / Treasurer shall consult with the Authority Chair and the Chair and Deputy Chair of that committee

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. However, unless circumstances do not allow it, the general presumption is that members will be consulted in writing and supplied with sufficient supporting information to enable them to come to an informed view.

6.1.5 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:

• for decisions normally taken by the full Authority, with the Chair of the Authority and one Deputy Chair – both must concur with the proposed decision
• for decisions normally taken by a committee, the Authority Chair and the Committee Chair – both must concur with the proposed decision

6.1.5 The Chair of the Authority or of a Committee can nominate another member in their or the Deputy Chair’s place if they are going to be unavailable

6.1.6 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.

6.1.7 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.

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