Reference to Council
A Key Decision (as defined in Article 12.3) taken by a Policy Committee will be referred to Full Council (a Referral) following receipt of a requisition on notice (in the form as reproduced at Appendix 3, (the Requisition) by the Chief Executive, as Proper Officer, in accordance with the provisions set out below.
A referral shall not apply to day to day management and operational decisions taken by Officers nor to any decision which may otherwise be the subject of a Referral where it is considered by the Chair of the relevant Policy Committee, in consultation with the Proper Officer to be urgent. A decision will be urgent if any delay caused by a Referral would seriously prejudice the interests of the Authority or the public. The decision of the relevant Chair of the Policy Committee and notice of publication of the decision shall state whether the decision is an urgent one and therefore not subject to the Referral process.
Any Referral may only be used in exceptional circumstances where the Elected Members seeking the Referral have evidence to suggest that a key decision taken by a Policy Committee was not in accordance with the Principles of Decision Making set out in Article 11 (Decision Making) or the decision is not in accordance with the approved Budget and/or the Plans and Strategies contained within the Policy Framework. The advice of the Director of Finance, IT and Digital and the Monitoring Officer must be sought.
As an alternative to a Referral the Chair of the relevant Policy Committee should consider representations being made (between the period of the decision and its publication) referring the matter to Full Council with the consent of the Chair of Council as an item of business at the next Ordinary meeting of Council or in accordance with Council Procedure Rule 3.1 (Calling Extraordinary Meetings). Such requests and the receipt of any Referral shall collectively be limited to 6 during any Municipal year.
(i) Mechanism for Referral
Not less than half of the whole number of Elected Members (18 Elected Members or more) may submit a Requisition to the Chief Executive for the calling of a meeting of Full Council to reconsider a decision taken but not yet implemented by a Policy Committee, that is a Referral. The Requisition shall contain and identify the reasons why it is believed the decision was not taken in accordance with the principles of Decision Making or otherwise is not in accordance with the approved Budget and/or the Plans and Strategies contained within the Policy Framework. Requisition shall contain the advice provided by the Director of Finance, IT and Digital and the Monitoring Officer.
The Requisition must be received by the Chief Executive not later than 3 working days after the publication of the decision (the ‘Specified Period’).
If a valid Requisition is received within the Specified Period all action to implement the decision will be suspended until the meeting of Full Council to consider the Referral is held.
(ii) Meeting to discuss the Referral
The Council will meet to consider the Referral no later than 14 working days after receipt of the Requisition by the Chief Executive, or such later date falling within the period of 28 days from receipt of the Requisition that the Chief Executive shall determine in consultation with the Chair of Council.
(iii) Outcomes of the Referral
At the meeting of Full Council to consider the Referral, the meeting will debate and determine the Referral in accordance with these Council Procedure Rules and shall decide either:
- Reaffirm or modify the decision of the Policy Committee following which the decision may be implemented; or
- Decide not to reaffirm or modify the decision, but to refer the matter back to the relevant Policy Committee for further consideration at its next meeting.
A matter that has been subject to a Referral shall not be so subject to any further Referral in the absence of the expressed consent of the relevant Policy Committee Chair and the approval of the Chair of Council.