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Part 4 - Access to Information Procedure Rules

1 Scope

Executive Arrangements

These rules apply to all meetings of the Council, overview and scrutiny committees, area committees, the Standards Committee and regulatory committees, panels and public meetings of the executive (together called meetings).

2 Additional Rights to Information

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

3 Rights to Attend Meetings

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

4 Notice of Meeting

The council will give at least five days notice (from the 1st October 2002) prior to the meeting by posting details of the meeting at the Council's main offices.

5 Access to Agenda and Reports before Meeting

The Council will make copies of the agenda and reports open to the public available for inspection at the designated office at least five clear days before the meeting. If an item is added to the agenda later, the revised agenda (where reports are prepared after the summons has been sent out, the designated officer shall make each such report available to the public as soon as the report is completed and sent to councillors) will be open to inspection for the time the item was added to the agenda.

6 Supply of Copies

The Council will supply copies of:

1. any agenda and reports which are open to public inspection;
2. any further statements or particulars necessary to indicate the nature of the items in the agenda; and
3. if the Head of Democratic Services thinks fit, copies of any other documents supplied to councillors in connection with an item to any person on payment of a charge for postage and any other costs.

7 Access to Minutes after Meeting

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

1. the minutes of the meeting [or records of decisions taken, together with reasons, for all meetings of the executive], excluding any part of the minutes of proceedings when the meeting was not open to the public or which disclose exempt or confidential information;
2. a summary of any proceedings not open to the public where the minutes open to inspection would not provide a reasonably fair and coherent record;
3. the agenda for the meeting; and
4. reports relating to items when the meeting was open to the public.

8 Background Papers

8.1 List of background papers

The relevant officer 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:

1. disclose any facts or matters on which the report or an important part of the report is based; and
2. which have been relied on to a material extent in preparing the report but does not include published works or those which disclose exempt or confidential information (as defined in Rule 10).

8.2 Public inspection of background papers

The Council will make available (at its main office) 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. Adequate notice will be given if members of the public wish to see any document.

9 Summary of Public Rights

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 Council's main offices Bourne Hill.

10 Exclusion of Access by the Public to Meetings

10.1 Confidential information - requirement to exclude public

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.

10.2 Exempt information - discretion to exclude public

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.

10.3 Meaning of confidential information

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

10.4 Meaning of exempt information

Exempt information means information falling within the following 15 categories (subject to any condition):

Information falling within any of paragraphs 1-15 is not exempt by virtue of that paragraph 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.

11 Exclusion of Access by the Public to Reports

If Head of Democratic Services thinks fit, the 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.

12 Application of Rules to the Cabinet

Rules 13 - 24 apply to the executive and its committees. If the executive or its committees meet to take a key decision then it must also comply with Rules 1 - 11 unless Rule 15 (general exception) or Rule 16 (special urgency) apply.

If the Cabinet meet to discuss a key decision to be taken collectively, with an officer, 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 - 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.

13 Procedure before taking Key Decisions

Subject to Rule 15 (general exception) and Rule 16 (special urgency), a key decision may not be taken unless: a. a notice (called here a forward plan) has been published in connection with the matter in question; b. at least 3 clear days have elapsed since the publication of the forward plan; and c. where the decision is to be taken at a meeting of the executive or its committees, notice of the meeting has been given in accordance with Rule 4 (notice of meetings)

14 The Forward Plan

14.1 The Period of the forward plan

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.

14.2 Contents of forward plan

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:

1. the matter in respect of which a decision is to be made;
2. where the decision taker is an individual, his/her name and title, if any and where the decision taker is a body, its name and details of membership;
3. the date on which, or the period within which, the decision will be taken;
4. the identity of the principal groups whom the decision taker proposes to consult before taking the decision;
5. the means by which any such consultation is proposed to be undertaken;
6. the steps any person might take who wishes to make representations to the executive or decision taker about the matter in respect of which the decision is to be made, and the date by which those steps must be taken; and
7. a list of the documents submitted to the decision taker for consideration in relation to the matter.

The forward plan must be published at least 14 days before the start of the period covered. The Head of Democratic Services will publish once a year a notice in at least one newspaper circulating in the area, stating:

1. that key decisions are to be taken on behalf of the Council;
2. that a forward plan (prepared by the Leader)containing particulars of the matters on which decisions are to be taken will be prepared on a monthly basis;
3. that the plan will contain details of the key decisions to be made for the four month period following its publication;
4. that each plan will be available for inspection at reasonable hours free of charge at the Council's offices;
5. that each plan will contain a list of the documents submitted to the decision takers for consideration in relation to the key decisions on the plan;
6. the address from which, subject to any prohibition or restriction on their disclosure, copies of, or extracts from, any document listed in the forward plan is available;
7. that other documents may be submitted to decision takers;
8. the procedure for requesting details of documents (if any) as they become available;
9. the dates on each month in the following year on which each forward plan will be published and available to the public at the Council's offices. Exempt information need not be included in a forward plan and confidential information cannot be included; and
10. Any outstanding matters contained in the previous forward plan shall be included in the latest forward plan. The most recent plan shall supercede any earlier plan.

15 General Exception

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:

1. the decision must be taken by such a date that it is impracticable to defer the decision until it has been included in the next forward plan and until the start of the first month to which the next forward plan relates;
2. the proper officer has informed the chair of a relevant overview and scrutiny committee, or if there is no such person, each member of that committee in writing, by notice, of the matter to which the decision is to be made;
3. the proper officer has made copies of that notice available to the public at the offices of the Council; and
4. at least 5 clear days have elapsed since the proper officer complied with (a) and (b).

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

16 Special Urgency

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 chair of the body making the decision, obtains the agreement of the chair of a relevant overview and scrutiny panel that the taking of the decision cannot be reasonably deferred. If there is no chair of a relevant overview and scrutiny panel, or if the chair of each relevant overview and scrutiny panel is unable to act, then the agreement of the chairman of the Council, or in his/her absence the vice chairman will suffice.

17 Report to Council

17.1 When an overview and scrutiny panel can require a report.

If an overview and scrutiny panel thinks that a key decision has been taken which was not:

1. included in the forward plan; or
2. the subject of the general exception procedure; or
3. the subject of an agreement with a relevant overview and scrutiny panel chair, or the chairman/vice chairman of the Council under Rule 16; the panel may require the executive to submit a report to the Council within such reasonable time as the panel specifies. The power to require a report rests with the panel, but is also delegated to the proper officer, who shall require such a report on behalf of the panel when so requested by (the chairman or any 5 members). Alternatively the requirement may be raised by resolution passed at a meeting of the relevant overview and scrutiny panel.

17.2 Cabinet's report to Council

The Cabinet will prepare a report for submission to the next available meeting of the Council. However, if the next meeting of the Council is within 7 days of receipt of the written notice, or the resolution of the panel, then the report may be submitted to the meeting after that. The report to 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.

17.3 Quarterly reports on special urgency decisions

In any event the leader will submit quarterly reports to the Council on the Cabinet 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.

18 Record of Decisions

18.1

As soon as reasonably practicable after a meeting of a decision making body at which a Cabinet decision has been made, the proper officer, shall ensure that a written statement is produced in respect of every executive decision made at that meeting which must include the information specified in paragraph 18.2.

18.2

The statement referred to in paragraph 18.1 must include:

1. a record of the decision;
2. a record of the reasons for the decision;
3. details of any alternative options considered and rejected by the decision making body at the meeting at which the decision was made;
4. a record of any conflict of interest in relation to the matter decided which is declared by any member of the decision making body which made the decision; and
5. in respect of any declared conflict of interest, a note of any dispensation granted by the local authority's standards committee

19 Cabinet Meeting Relating to Matters which are not Key Decisions

As a matter of principle the Cabinet will meet in `public' reserving the right to meet occasionally in `private', when no formal decisions are being taken (other than in respect of Exempt Business).

19A Meetings of Local Authority Cabinets and their Committees to be held in Public

1. a meeting or part of a meeting must be held in public where the council leader or any other person likely to preside at the meeting, reasonably believes that:

1. a decision to be made at that meeting or part of the meeting will be a key decision or
2. 1. a matter which is likely to be discussed at that meeting or that part of the meeting relates to a decision included in the current forward plan, as referred to in regulation 13, where that decision is likely to be made at a meeting of the decision making body concerned within 28 days of the meeting; and
   2. an officer will be present at that meeting or part of the meeting where the matter is discussed; or
3. 1. a matter relating to a key decision to be made by the decision making body concerned is to be discussed with an officer present; or
   2. a decision is made, at that meeting or part of the meeting in relation to which a notice under regulation 15 has been given.

2. "meeting"does not include a meeting the principal purpose of which is for an officer of the local authority to brief a decision maker or members of a decision making body on matters connected with the making of a Cabinet decision or when members are giving preliminary thought to an issue. On these occasions they will be known as private sessions.

20 Notice of Cabinet Meetings

Members of the Cabinet or its committees and relevant overview/scrutiny panel chairmen will be entitled to receive five 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.

21 Attendance at Cabinet Meetings

Cabinet Members

All members of the Cabinet are entitled to attend any meeting or session of the Cabinet.

Overview and Scrutiny Panel Members

1. Notice of meetings of the executive for open and exempt business will be served on the chairs of all relevant overview and scrutiny panels and sub-committees, at the same time as notice is served on members of the executive. Where an overview and scrutiny panel does not have a chair, the notice will be served on all the members of that committee.
2. Where a matter under consideration by the executive, is within the remit of an overview and scrutiny panel / sub-committee, the chair of that panel or in his/her absence the vice chair may attend that meeting, and speak (subject to the agreement of those present).
3. The head of the paid service, the chief financial officer and the monitoring officer, and their nominees are entitled to attend any meeting of the executive and its committees. The executive may not meet unless the proper officer has been given reasonable notice that a meeting is to take place. In all of the above examples, the provisions of Rule 18 (recording and publicising decisions) will apply. (this excludes private sessions where no decisions are taken)

22 Decisions by individual Members of the Cabinet (where applicable)

22.1 Reports intended to be taken into account

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 5 clear days after receipt of that report.

22.2 Provision of copies of reports to overview and scrutiny committees

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 chair of every relevant overview and scrutiny panel as soon as reasonably practicable, and make it publicly available at the same time.

22.3 Record of individual decision

The same procedure as 18 above applies to the taking of decisions by individuals 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.

23 Overview and Scrutiny Committees Access to Documents

23.1 Rights to copies

Subject to Rule 23.2 below, an overview and scrutiny panel (including its sub-committees) will be entitled to copies of any document which is in the possession or control of the Cabinet and which contains material relating to

1. any business transacted at a public or exempt business meeting of the Cabinet; or
2. any decision taken by an individual member of the Cabinet. The relevant overview and scrutiny panel will be entitled to foresight of papers in relation to exempt decisions of the executive before the decision is made.

23.2 Limit on rights

An overview and scrutiny panel will not be entitled to:

1. any document that is in draft form;
2. any part of a document that contains exempt or confidential information, unless that information is relevant to an action or decision they are reviewing or scrutinising or intend to scrutinise.

24 Additional Rights of Access for Members

24.1 Material relating to previous business

All members will be entitled to inspect any document which is in the possession or under the control of the executive and contains material relating to any business previously transacted at an exempt meeting unless either (a) or (b) below applies.

1. it contains exempt information falling within paragraphs 1 to 6, 9, 11, 12 and 14 of the categories of exempt information; or
2. it contains the advice of a political adviser.

24.2 Material relating to key decisions

All members of the 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 which relates to any key decision unless paragraph (a) or (b) above applies.

24.3 Nature of rights

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