Section 2 - Access to Information Procedure Rules

1. (A) APPLICATION - RULES 2 - 11

Rules 2-11 apply to all meetings of:

• the Council
  
  
• the Policy Development and the Performance Monitoring Panels

• the Standards Committee

• the Development Control Committee

• the Licensing Committee and the Licensing Panel

• the Appointments and Disciplinary Panel
  
  
• the Appeals Panel

• the Cabinet and any committees of the Cabinet which may also be appointed

• any joint arrangements (although presently there are no such arrangements)

• any other Panels or Committees which may be established with executive powers

(together called meetings).

Rules 5, 6, 7, 8 and 11 also apply to decisions made by individual portfolio holders and officers.

They do not apply to task-groups of the Policy Development and Performance Monitoring Panels, the Remuneration Panel, the Spalding Town Forum, Britain in Bloom or any working parties as none of these have powers to make decisions - they can only submit recommendations.

1. (B) APPLICATION - RULES 12-22

Rules 12-22 apply to Cabinet, Committees of the Cabinet, Individual portfolio holders, officers and any Joint Arrangements, as specified.

Rules 17 and 21 also apply to the Policy Development and Performance Monitoring Panels.

2. ADDITIONAL RIGHTS TO INFORMATION

These rights are in addition to any other legal rights (for example under sections 100A-D of the Local Government Act 1972) and any other rights contained in this Constitution.

3. RIGHTS TO ATTEND MEETINGS

Members of the public may attend all meetings to which these Rules apply, unless they are specifically excluded from a meeting or part of a meeting by virtue of Rule 10 below.

4. NOTICES OF MEETINGS

The Council will normally give at least five clear working days notice of any meeting by posting details of the meeting at the Council Offices, Priory Road, Spalding (the designated office) and also on the Council's website when available for this purpose. A schedule of meetings will be distributed to parish councils and libraries for public deposit at the beginning of each municipal year, and will be made available on the Council's website at www.sholland.co.uk. Alternatively you can visit us or contact us on 01775 761161.

5. ACCESS TO AGENDA AND REPORTS BEFORE THE MEETING

Apart from the following exceptions, and subject to Rule 11 below, the Council will make copies of agendas and reports available to the public for inspection at the Council Offices, Priory Road, Spalding at least five clear working days before a meeting and also on the Council's website at www.sholland.co.uk (when available for this purpose). Copies will also be distributed to the press and local libraries. The exceptions are:

• If an item is added to the agenda later, the revised agenda will be available for inspection from the time the item is added to the agenda.

• Where reports are prepared after the agenda has been sent out, the Head of Customer, Legal and Member Services will make each such report available to the public as soon as the report is completed and sent to councillors.

• Where a meeting is convened at shorter notice copies of the agenda and reports shall be open to inspection from the time the meeting is convened.

Subject to Rules 11 and 20.1 below, any reports submitted to individual portfolio holders and officers for decision will be made available for public inspection at the same time that they are sent to councillors.

6. SUPPLY OF COPIES

The Council will supply copies of:

(a) any agenda and reports which are open to public inspection (where available - if any report is not available when the Agenda is published, it will be made available to the public at the same time that it is made available to councillors);

(b) if the Chief Executive or the appropriate Director or Head of Service thinks fit, 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, AGENDAS, REPORTS, DECISION NOTICES ETC AFTER A MEETING/DECISION

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

• agendas, reports and records of decisions (minutes) made by the Cabinet (the record of decisions will include the reasons for the decisions)

• reports and notices of decisions made by individual portfolio holders (the notices of decisions will include the reasons for the decisions)

• agendas, reports and minutes of all other meetings to which these Rules apply

excluding any exempt or confidential reports, or any part of any minutes or records of decisions when the meeting was not open to the public or which disclose exempt or confidential information as defined in Rule 10 below.

A summary of any part of a decision taken whilst the public were excluded from a meeting or in respect of exempt or confidential information.

8. BACKGROUND PAPERS

8.1 List of background papers

The Chief Executive or appropriate Director or Head of Service will set out in every report that he/she prepares a list of those documents (called background papers) which in his/her opinion:

(a) disclose any facts or matters on which the report or an important part of the report is based; and

(b) have been relied on to a material extent in preparing the report.

The following need not be listed:

• Published works (ie books, magazines, consultation papers)

• Documents which disclose exempt or confidential information as defined in Rule 10 below

• The advice of a political adviser

8.2 Public inspection of background papers

The Council will make available for public inspection for at least four years after the date of the meeting one copy of each of the documents on the list of background papers.

9. SUMMARY OF PUBLIC'S RIGHTS

A written summary of the public's rights to attend meetings and to inspect and copy documents must be kept at and be made available to the public at the Council Offices, Priory Road, Spalding.

10. EXCLUSION OF PUBLIC ACCESS TO MEETINGS

10.1 Confidential information - requirement to exclude the public

The public must be excluded from meetings whenever it is likely that confidential information will be disclosed. This is a legal requirement under section 100A(3) of the Local Government Act 1972.

10.2 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, or by virtue of any enactment.

10.3 Exempt information - discretion to exclude the public

The public may be excluded from meetings whenever it is likely that exempt information will 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, ie in the interests of protecting morals, public order, national security, juveniles, protection of private life and in special circumstances where publicity would prejudice the interests of justice.

10.4 Meaning of exempt information

Exempt information means information falling within the following categories 1 to 7C as described in Part I of Schedule 12A of the Local Government Act 1972 (as amended where appropriate by the Relevant Authorities (Standards Committee) Regulations 2001) (subject to the qualifications set out below).

Category	Qualification
1. Information relating to any individual	Information is exempt 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. Information is not exempt if it relates to proposed development for which the Council being the local planning authority may grant itself planning permission pursuant to Regulation 3 of the Town and Country Planning General Regulations 1992
2. Information which is likely to reveal the identity of an individual	Information is exempt 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. Information is not exempt if it relates to proposed development for which the Council being the local planning authority may grant itself planning permission pursuant to Regulation 3 of the Town and Country Planning General Regulations 1992
3. Information relating to the financial or business affairs of any particular person (including the authority holding that information)	Information is exempt 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. Information is not exempt if it relates to proposed development for which the Council being the local planning authority may grant itself planning permission pursuant to Regulation 3 of the Town and Country Planning General Regulations 1992, or if it is required to be registered under- (a) the Companies Act 1985; (b) the Friendly Societies Act 1974; (c) the Friendly Societies Act 1992; (d) the Industrial and Provident Societies Acts 1965 to 1978: (e) the Building Societies Act 1986; or (f) the Charities Act 1993.
4. Information relating to any consultations or negotiations, or contemplated consultations or negotiations, in connection with any labour relations matters arising between the authority or a Minister of the Crown and employees of, or office holders under, the authority	Information is exempt 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. Information is not exempt if it relates to proposed development for which the Council being the local planning authority may grant itself planning permission pursuant to Regulation 3 of the Town and Country Planning General Regulations 1992
5. Information in respect of which a claim to legal professional privilege could be maintained in legal proceedings	Information is exempt 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. Information is not exempt if it relates to proposed development for which the Council being the local planning authority may grant itself planning permission pursuant to Regulation 3 of the Town and Country Planning General Regulations 1992
6. Information which reveals that the authority proposes - (a) to give under any enactment a notice under or by virtue of which requirements are imposed on a person; or (b) to make an order or direction under any enactment	Information is exempt 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. Information is not exempt if it relates to proposed development for which the Council being the local planning authority may grant itself planning permission pursuant to Regulation 3 of the Town and Country Planning General Regulations 1992
7. Information relating to any action taken or to be taken in connection with the prevention, investigation or prosecution of crime	Information is exempt 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. Information is not exempt if it relates to proposed development for which the Council being the local planning authority may grant itself planning permission pursuant to Regulation 3 of the Town and Country Planning General Regulations 1992
7A. Information which is subject to any obligation of confidentiality	RELATES ONLY TO STANDARDS COMMITTEE (Relevant Authorities (Standards Committee) Regulations 2001 as amended by the Relevant Authorities (Standards Committee) Regulations 2006)
7B. Information which relates in any way to matters concerning national security	RELATES ONLY TO STANDARDS COMMITTEE (Relevant Authorities (Standards Committee) Regulations 2001 as amended by the Relevant Authorities (Standards Committee) Regulations 2006)
7C. The deliberations of a Standards Committee or of a sub-Committee of a Standards Committee established under the provisions of Part 3 of the Local Government Act 2000 in reaching any finding on a matter referred under the provisions of section 60(2) or (3), 64(2), 70(4) or (5) or 71(2) of that Act	RELATES ONLY TO STANDARDS COMMITTEE (Relevant Authorities (Standards Committee) Regulations 2001 as amended by the Relevant Authorities (Standards Committee) Regulations 2006)

* There is no definition of "public interest" but see the Information Commissioner's guidance note on the public interest test under the Freedom of Information Act 2000.

11. EXCLUSION OF PUBLIC ACCESS TO REPORTS

If the Chief Executive or the appropriate Director or Head of Service thinks fit, the Council may exclude public access to reports which in his or her opinion:

• in respect of reports to individual portfolio holders contain confidential or exempt information as defined in Rule 10 above

• in respect of a meeting relate to items during which, in accordance with Rule 10 above, the meeting is likely not to be open to the public.

Such reports will be marked "Not for publication" and will state which of the above 15 categories apply.

CABINET, COMMITTEES OF THE CABINET, INDIVIDUAL PORTFOLIO HOLDERS, OFFICERS AND JOINT ARRANGEMENTS

Rules 12-22 apply to Cabinet, Committees of the Cabinet, Individual Portfolio Holders, Officers and any Joint Arrangements, as specified.

12. THE CABINET AND COMMITTEES OF THE CABINET (KEY DECISIONS)

If the Cabinet or a Committee of the Cabinet meets to take a key decision then it must also comply with Rules 1 - 11. Where Rule 16 (special urgency) applies it is recognised that it will not be possible to comply with all of Rules 1 - 11. However any of those Rules with which it is possible to comply must be complied with. A key decision is as defined in the glossary to this Constitution.

If the Cabinet or a Committee of the Cabinet meets to discuss a key decision where that key decision will be taken within a further 28 days, and an officer other than a political assistant is present when the matter is discussed, then the Cabinet or the Committee of the Cabinet must also comply with Rules 1 - 11. This requirement does not include meetings whose sole purpose is for officers to brief members.

13. PROCEDURE BEFORE TAKING KEY DECISIONS

(This Rule applies to Cabinet, Committees of the Cabinet, Individual Portfolio Holders, Officers and any Joint Arrangements.)

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 (see Rule 14 below); AND

(b) at least 5 clear working days have elapsed since the item was first included in the forward plan; AND

(c) where the decision is to be taken at a meeting of the Cabinet or a Committee of the Cabinet, notice of the meeting has been given in accordance with Rule 4 (notice of meetings); AND

(d) where the decision is to be taken by an individual portfolio holder or an officer any report upon which the decision was based has been made available for public inspection in accordance with Rule 20.1 below; OR

(e) the decision is subject to Rule 15 (General Exception) or Rule 16 (Special Urgency) below.

(The time periods resulting from compliance with (b), (c) and (d) are not cumulative.)

14. THE FORWARD PLAN (KEY DECISIONS)

14.1 Period of forward plan

Forward plans will be prepared on behalf of the Leader on a monthly basis. Each plan will cover a period of four months, beginning with the first day of the month following publication of the plan. In this way plans will constantly be updated, and the most recent published plan will always supersede the previous published plan.

14.2 Contents of forward plan

Exempt information need not be included in a forward plan and confidential information cannot be included.

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 Cabinet, a committee of the Cabinet, individual portfolio holders, officers, or under joint arrangements 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:

• the matter in respect of which a decision is to be made;

• where the decision taker is an individual portfolio holder or officer, his/her name and title, and where the decision taker is a body, its name;

• the date on which, or the period within which, the decision is expected to be taken;

• the identity of the principal groups whom the decision taker proposes to consult before taking the decision;

• the means by which any such consultation is proposed to be undertaken;

• the steps any person might take who wishes to make representations to the Cabinet or other appropriate 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;

• a list of the documents submitted to the decision taker for consideration in relation to the matter;

• details of any consultation arrangements being undertaken in accordance with the Budget and Policy Framework Procedure Rules; and

• timetable for submission of any proposed plans/strategies etc to full Council in accordance with the Budget and Policy Framework Procedure Rules.

The forward plan must be published at least 14 days before the start of the period covered. The Head of Customer, Legal and Member Services will publish annually, between 14 and 21 days before the first forward plan of that Municipal year comes into effect, a notice in at least one newspaper circulating in the area, stating:

(a) that key decisions are to be taken;

(b) that a forward plan containing particulars of the matters on which key decisions are to be taken will be prepared on a monthly basis;

(c) that the plan will contain details of the key decisions to be made for the four month period following its publication;

(d) that each plan will be available for inspection at reasonable hours free of charge at the Council Offices, Priory Road, Spalding;

(e) that each plan will contain a list of the documents submitted to the decision takers for consideration in relation to the key decisions included in the plan;

(f) 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;

(g) that other documents may be submitted to decision takers;

(h) the procedure for requesting details of documents (if any) as they become available; and

(i) 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 and on the Council's website.

15. GENERAL EXCEPTION - KEY DECISIONS NOT INCLUDED IN FORWARD PLAN

(This Rule applies to Cabinet, Committees of the Cabinet, Individual Portfolio Holders, Officers, and any Joint Arrangements.) (Individual Portfolio Holders and officers must also comply with Rule 20 below.)

If a matter which is likely to be a key decision has not been included in the forward plan, then unless Rule 16 (special urgency) applies, the decision may only be taken if:

(a) the decision must be taken by such a date that it is not possible to defer the decision until it has been included in the next published forward plan;

(b) the officer responsible for the report has informed the chairman of the Performance Monitoring Panel (or if there is no such person, each member of that Panel) by notice in writing of the matter about which the decision is to be made;

(c) the officer responsible for the report has made copies of that notice available to the public at the offices of the Council; and

(d) at least 5 clear working days have elapsed since the officer responsible for the report complied with (b) and (c).

Where such a decision is taken collectively, it must be taken in public, unless the item is exempt or confidential as defined in Rule 10 above.

(Call-in does not apply to key decisions taken under Rule 15 - see Rule 15k of the Overview and Scrutiny Procedure Rules.)

16. SPECIAL URGENCY - KEY DECISIONS NOT INCLUDED IN FORWARD PLAN

(This Rule applies to Cabinet, Committees of the Cabinet, Individual Portfolio Holders, Officers, and any Joint Arrangements.) (Individual Portfolio Holders and officers must also comply with Rule 20 below.)
If a key decision is so urgent that 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 the Performance Monitoring Panel that the taking of the decision cannot be reasonably deferred. If there is no chairman of the Panel or if the chairman is unable to act, then the agreement of the chairman of the Council, or in his/her absence the vice chairman of the Council will suffice.

(Call-in does not apply to key decisions taken under Rule 16 - see Rule 15k of the Overview and Scrutiny Procedure Rules.)

17. REPORTS TO COUNCIL

(This Rule applies to decisions made by Cabinet, Committees of the Cabinet, Individual Portfolio Holders, officers and decisions taken under joint arrangements.)

17.1 When Performance Monitoring Panel can require a report

If the Performance Monitoring Panel thinks that a decision has been taken which it considers was a key decision but which was not included in the forward plan then unless the decision was:

(a) the subject of the Rule 15 general exception procedure; or

(b) the subject of an agreement with the chairman of the Performance Monitoring Panel, or the chairman/vice chairman of the Council under Rule 16;

then the Panel may require the decision maker to submit a report to the Council within such reasonable time as the Panel may specify explaining the reason why it was not included in the Forward Plan (reference to two political groups deleted by Council 28.5.03). A report may be requested:

• by notice in writing submitted to the Head of Customer, Legal and Member Services by the Chairman of the Performance Monitoring Panel, or by a minimum of 5 members of the Panel

• by the Performance Monitoring Panel by resolution passed at a meeting of the Panel.

17.2 Decision maker's report to Council

The decision maker 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.

18. RECORD OF DECISIONS

(This rule applies to Cabinet and Committees of the Cabinet.)

After any meeting of the Cabinet or any Committee of the Cabinet, the Head of Customer, Legal and Member Services or, where no officer was present, the person presiding at the meeting, will produce a record of every key and non-key decision taken at that meeting as soon as practicable, but normally within 3 working days (see Rule 15 of the Overview and Scrutiny Procedure Rules). The record will include:

(i) a statement of the reasons for each decision;

(ii) any alternative options considered and rejected at that meeting;

(iii) a statement of any personal/prejudicial interests;

(iv) a note of any dispensation granted by the Council's Standards Committee;

(v) the date of publication of the minutes; and

(vi) a statement, if appropriate, that the decision is urgent (see Rule 15(k) of the Overview and Scrutiny Procedure Rules).

19. MEETINGS OF THE CABINET AND ITS COMMITTEES TO BE OPEN TO THE PUBLIC

The Cabinet and any Committee of the Cabinet will meet in public for all its decisions whether key or non-key, except when considering any documents which contain exempt or confidential information as set out in Rule 10 above.

20. KEY DECISIONS BY INDIVIDUAL PORTFOLIO HOLDERS AND OFFICERS

20.1 Key decisions - Reports intended to be taken into account

Where an individual portfolio holder or officer receives a report which he/she intends to take into account in making any key decision, then (unless the report contains exempt or confidential information in which case this Rule shall not apply) he/she will not make the decision until the report has been made available for public inspection for at least 5 clear working days. This Rule shall apply even if the decision is being made under Rule 15 (general exception) above, or under Rule 15(k) of the Overview and Scrutiny Procedure Rules. This Rule shall not apply if the decision is made under Rule 16 above (special urgency).

20.2 Key decisions - Provision of copies of reports to Policy Development or Performance Monitoring Panels

On giving of a report relating to a key decision to an individual portfolio holder or officer, the person who prepared the report will give a copy of it to the chair of the Policy Development and Performance Monitoring Panels as soon as reasonably practicable, and make it publicly available at the same time.

20.3 Record of individual decision

As soon as reasonably practicable after any key or non-key decision has been taken by an individual portfolio holder or after a key decision has been taken by an officer (but normally within 3 working days of the decision - see Rule 15(b) of the Overview and Scrutiny Procedure Rules), he/she will prepare, or instruct the Head of Customer, Legal and Member Services to prepare, a record of the decision. The record will include:

(i) a statement of the reasons for the decision

(ii) any alternative options considered and rejected

(iii) a statement of any personal/prejudicial interests

(iv) the date of publication of the decision

(v) a statement, if appropriate, that the decision is urgent (see Rule 15(k) of the Overview and Scrutiny Procedure Rules).

The provisions of Rules 7 and 8 (inspection of documents after meetings) will also apply to documents used or prepared in the making of decisions by individual portfolio holders or key decisions made by officers. This does not require the disclosure of exempt or confidential information or advice from a political assistant.

21. POLICY DEVELOPMENT AND PERFORMANCE MONITORING PANELS' ACCESS TO DOCUMENTS

21.1 Rights to copies

Subject to Rule 21.2 below, a member of the Policy Development or Performance Monitoring Panel (including their task-groups) is entitled to copies of any document which is in the possession or control of the Cabinet or a Committee of the Cabinet and which contains material relating to:

(a) any business transacted at a meeting of the Cabinet or a Committee of the Cabinet;

(b) any decision taken by an individual portfolio holder; or

(c) any key decision that has been made by an officer in accordance with executive arrangements.

21.2 Limit on rights

The Policy Development or Performance Monitoring Panels are not entitled to:

(a) any document that is in draft form; or

(b) the advice of a political adviser.

22. ADDITIONAL RIGHTS OF ACCESS FOR MEMBERS

22.1 Material relating to previous business

All members are entitled to inspect any document which is in the possession or under the control of the Cabinet or a Committee of the Cabinet and contains material relating to any business previously transacted at a meeting unless:

(a) the member has a personal and prejudicial interest in the matter; or

(b) it contains the advice of a political adviser.

22.2 Material relating to key decisions

All members of the Council are entitled to inspect any document (except those available only in draft form) in the possession or under the control of the Cabinet or a Committee of the Cabinet which relates to any key decision unless paragraph 22.1 (a) or (b) applies.

22.3 Nature of rights

These rights of a member are additional to any other right he/she may have in statute or common law.