Protocol for urgent business

Report: 4
Date: 28 September 2000
By: Clerk

Summary

The protocol is presented to members for approval.

A. Supporting information

1. There are occasions when the Authority has to deal with urgent business that cannot await the next meeting of the Authority or appropriate committee. Procedural Standing Order 11 outlines a process for handling such business. The protocol see Appendix 1 seeks to set out working arrangements for operating Standing Order 11.

2. The MPA is likely to have to deal with a wide range of urgent business. The precise nature of that business cannot readily be foreseen, but it will certainly include urgent approvals in Employment Tribunal cases. The latter will be the subject of a separate but associated protocol. Meanwhile, the protocol at Annex A is intended to apply to urgent business.

B. Recommendation

That members are asked to approve the protocol.

C. Financial implications

There are no financial implications to this report.

D. Review arrangements

The protocol should be reviewed at the same time as the review of Procedural Standing Orders.

E. Background papers

The following is a statutory list of background papers (under the Local Government Act 1972 S.100 D) which disclose facts or matters on which the report is based and which have been relied on to a material extent in preparing this report. They are available on request to either the contact officer listed above or to the Clerk to the Police Authority at the address indicated on the agenda.

F. Contact details

The author of this report is Julia Smith.

For information contact:

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

Appendix 1: Protocol for urgent business being dealt with by officers

Rationale

1. There will be occasions when matters are of so urgent a nature that they cannot await the next meeting of the Authority or appropriate Committee. Procedural standing order 11 (see Annex A) outlines the options for handling urgent business. Particular provision is made for individual officers (Commissioner, Clerk, Treasurer) to take the necessary action, following consultation with the other named officers and, wherever possible, having first obtained the support of the Chair of the Authority.

Process

2. Where the Commissioner, Clerk or Treasurer is of the opinion that a decision is required urgently, that officer, or his/her nominated representative, shall be responsible for consulting with the other named officers before the action is taken; with the Clerk being responsible for seeking the support of the Chair of the Authority which should, in due course, be confirmed in writing.

3. In the event of known unavailability, the Chair is required to notify his/her Deputies that they may be required to act in his/her absence and to advise the Clerk accordingly.

4. Where the Commissioner requires an "out of hours" approval, the Clerk and/or the Treasurer must be consulted and every effort should be made to also consult with the Chair (or either of the Deputy Chairs in his/her absence). However, because of critical timing, the requirement to first obtain the Chair’s support may be waived, subject to endorsement being sought after the event.

5. To facilitate this process and eliminate potential difficulties with other methods of contact, the individuals concerned have pagers/mobiles, the numbers for which are as follows:

Chair of the Authority - Lord Harris

020 7202 0184

Deputy Chair of the Authority - R. David Muir

020 7202 0184

Deputy Chair of the Authority - Richard Barnes

020 7202 0184

Clerk to the Authority - Catherine Crawford

020 7202 0204

Treasurer to the Authority - Peter Martin

020 7202 0208

The appropriate officer shall be responsible for ensuring that details of the matter, together with the decision, are notified in writing to the Clerk so that, in all cases, a report can be put to the next meeting of the Authority or appropriate Committee advising them of the action that has been taken.

[Note: A separate protocol is being prepared which outlines the process for dealing with urgent approval for settling Employment Tribunal cases.]

Annex A: Standing Order 11: Urgent business

1. If a matter is of so urgent a nature that it cannot await the next meeting of the Authority or appropriate Committee:

1. it can be referred to a pending meeting of an alternative executive Committee or added to the agenda of such a meeting if the Chair decides that it should be considered as a matter of urgency pursuant to Section 100 B(4)b of the Local Government Act 1972; or
2. the Commissioner, Clerk and/or the Treasurer (following consultation with the other named officers) may take the necessary action, provided he/she has first obtained the written support of the Chair of the Authority. In very exceptional circumstances, because of critical timing, the requirement to first obtain the Chair’s support may be waived, subject to endorsement being sought after the event;
3. alternatively, and in any event in the absence of the Chair, the matter should be referred to the Urgency Committee;
4. alternatively, where there is a need, or it is considered desirable, to involve all members, a special meeting of the Authority be called. The Clerk shall be notified of any action taken under this Standing Order and shall report on the matter to the next meeting of the Authority.

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