NOTICE OF SPECIAL MEETING

Despatch date:          23^rd November 2007

Enquiries to:              Carol Jones     

Tel: 01270 537598

Fax: 01270 537605

E-mail: agendas@crewe-nantwich.gov.uk

Chair :   Councillor A C Johnson

Tel : 01270 820124

Fax: 01270 628204

To:       Members of the Organisation Scrutiny Committee

(Councillors W T Beard, J A Beech (Deputy Chair), D H D Charlesworth, H W Curran, R E Dodd, B Evans, K Healey, A C Johnson (Chair), Z S Krizanac, J Lewis, A Moran (Deputy Chair), D J Straine-Francis)

Chief Executive, Executive Directors

Other recipients of the agenda

Local Press and Radio

Notes for Members of the Public

The Organisation Scrutiny Committee comprises 12 Members.         

The Borough Council welcomes and encourages members of the public to attend its Committee, Board and Council meetings.

If you plan to attend, please report to the Reception Desk in the Municipal Buildings, where you will be provided with a Visitor’s Pass.

Car parking is not available at the Municipal Buildings, but there are several town centre car parks.  There is a disabled access to the rear of the Municipal Buildings, and this can be accessed through the side door on Vernon Way.  Please press the button for attention, and someone will meet you and escort you through to the main reception area.

You are asked to remain quiet whilst the meeting is taking place, and to enter and leave the meeting room, or public gallery of the Council Chamber, as quietly as possible.  Please ensure that if you have a mobile phone or pager, it is switched off for the duration of the meeting.

You are not allowed to have drinks or food in the meeting rooms or in the Public Gallery, other than beverages offered by the Council during Committee breaks.  A “No Smoking” policy operates in the Municipal Buildings.

Fire Evacuation

If the fire alarm rings, you should make your way to the nearest exit with your belongings, as quickly as possible, and leave the building.  Please follow any instructions from staff about evacuation routes.

Copies of the agenda will be available if you attend. Agendas are also made available on the Internet and can be accessed via the Council’s website – see front page for details.

On occasions, members of the press and public will be excluded from the meetings when the business to be transacted is of a confidential nature, for example, dealing with individual people, contracts and financial affairs of other parties.

If you require any further information, please contact Carol Jones the Committee Officer (details on front page).

AGENDA

1          Declaration of Interests

Any Member present (including non-Committee Members) to declare any personal or prejudicial interest, and the nature of the interest, which they have in any item of business on the agenda and, if necessary, to leave the meeting prior to discussion of that item.

Members who also serve as County, Town or Parish Councillors, are reminded of the need to make declarations in respect of any item which directly concerns the business of the appropriate authority.

Declarations are a personal matter for each Member to decide.  Whilst Officers will advise on the Code of Conduct and its interpretation, the decision to declare, or not, is the responsibility of the Member, based on the particular circumstances.

2          Whipping Declarations

Members to declare in respect of items where the whip has been applied.

3          Notice of Call-In

3.1       Under the Council’s Constitution, any decision of the Board or a Portfolio Holder may be called-in by the appropriate Scrutiny Committee not later than 3 working days after publication of the decision.

3.2       In accordance with paragraph 14 of the Performance and Overview Procedure Rules (now known as “Scrutiny Committees”) a notice has been received from Councillors W T Beard, H W Curran, B Evans and S Z Krizanac, who consider that Decision No. 80 (Appeal contribution – Future Unitary Structures for Local Government) should be reviewed.

3.3       Stated Reasons for Call-In

The stated reasons for the call-in are –

(i)         The Decision is outside Council policy

(ii)        It is outside budget fixed by Council; and

(iii)       It is of particularly high local significance or public interest.

4          Review of Decision

4.1       To enable the Committee to review the Decision, the following papers are attached –

>          Extract from Statement of Decisions, 15^th November 2007 (ie Board Decision No. 80).  (A)

>          Report considered by the Board at its meeting on 15^th November 2007.  (B)  Members are asked to note that this is the report as submitted to Board. A supplementary report was also considered at the Board meeting and its recommendations were accepted by the Board.

>          Copies of appropriate pages from the Procedure Rules in the Council’s Constitution are enclosed –

             Paragraph 11            Call-In and Reference Back  (C)

             Paragraph 14            Call-In and Review of Executive Decisions (D)

Members are asked to note that Paragraph 14 (b) was amended at Council on 1^st November 2006 (Minute No. 113) to extend the period within which a review of Decisions can be undertaken by Scrutiny Committees;  the period was extended from six to ten working days.  

4.2  The Committee is invited to consider whether or not to review this decision by adopting the following two-stage process.

Stage 1

(a)       The Decision has been called-in by four Members of the Committee. It is for the full Committee to decide if the matter should be considered further.

(b)       If the answer to the above is “no”, then the decision must be accepted.

(c)       If the answer is “yes”, move to Stage 2.

Stage 2

(a)       Having accepted that the decision should be reviewed, the Committee is invited to consider the decision and whether there should be a reference back to the Board or to Council. 

The Committee’s discussion of the Decision should focus on the reasons for reference back, which are contained in the Procedure Rules –

Reasons for referral (Paragraph 14.1 (a) of the Procedure Rules)

The reasons for either the Board or Council to reconsider shall fall into one or more of the following categories –

(a)       Ultra Vires – (ie outside the legal powers of the Council)

(b)       Outside Council policy

(c)        Outside budget fixed by Council

(d)       Relevant to an area of policy or practice currently being examined by a Scrutiny Committee

(e)       Of particularly high local significance or of public interest

If the reason for referral does not fall into one or more of the above categories, there can be no referral and the Committee is required to accept the Decision.

Referral Direct to Council (Paragraph 14.1 (c) of the Procedure Rules)

If the Committee is minded to refer the matter to Full Council, Members should note that a Decision can only be referred direct to Council for reconsideration if it resolves boththat the Decision is of particularly high local significance or of public interest and that Council, not the Board, is the appropriate forum for further consideration or review.

(b)       Having discussed the issue, the Committee is invited to -

>         Accept the Decision; OR

>         Request that the Decision be reconsidered and give reasons for that reconsideration, which must fall within one of the categories set out in clause 14.1 (a) (ii) of the Procedure Rules.

Note:  In accordance with the Health and Safety at Work Act, the Council is required to notify those attending meetings of the fire evacuation procedures.  A copy has previously been distributed to Members and instructions are located in all rooms within the Civic Suite.

If you require this agenda in large print, Braille, audiotape, CD or in another language, please contact

       Equality and Diversity,

       Crewe and Nantwich Borough Council,

Municipal Buildings,

Earle Street,

Crewe, Cheshire, CW1 2BJ

Tel: 01270 537565

E-mail:  petra.dexterduskova@crewe-nantwich.gov.uk