The Executive or a Executive Committee ("the decision making body") shall not take any "significant decision" until the following requirements have been complied with:

 

1.1 The Managing Director, Director or the Head of a Service (or their nominee) shall prepare a written report for the Executive or Executive Committee setting out:

 

(a) the issue to be the subject of a significant decision;

(b) an executive summary of the issue, where the length of the report so requires for clarity;

(c) any restrictions upon the publication of the report or public attendance at the making of the final decision as if the decision were a decision falling to be made by a Committee of Havant Borough Council in accordance with Sections 100 and 100A to 100K of the Local Government Act 1972;

(d) the facts upon which any decision must be based;

(e) any legislative requirements, including any Human Rights Act issues;

(f) any Havant Borough Council policy relating to the issue;

(g) any relevant national or regional guidance;

(h) the options available to the decision-making body in respect of the prospective significant decision;

(i) the staffing and financial implications of the issue;

(j) any consultations undertaken, the views of any consultees and a summary of any other representations received;

(k) any implications for any other areas of Havant Borough Council's activities;

(l) the Portfolio(s) which the issue falls within;

(m) any electoral areas within the Borough of Havant which are particularly affected by the issue under consideration;

(n) the officer's recommendation in respect of the significant decision and the reasons supporting the officer's recommendation;

(o) the place, date and time at which the decision making body proposes to make the significant decision;

(p) a list of any background papers;

 

1.2 At least five clear working days before the proposed date and time for taking the final decision, the author of the report shall send a copy of the report, or arrange for a copy of the report to be sent, to:

 

(a) all members of the Executive;

(b) the members of the Overview and Scrutiny Board responsible for the Portfolio(s) to which the report relates;

(c) the local Councillor(s) (where the proposed decision relates particularly to one or more areas of the Borough of Havant);

(d) where he/she is not the author of the report, the Managing Director, the Democratic Services Manager and the Head of Resources;

(e) where the matter affects the responsibilities of one or more Director, the Director(s) so affected;

 

1.3 The requirements for consultation set out above are to be regarded as a minimum, and officers are responsible for determining when further consultation and public participation would be appropriate, and (together with the Democratic Services Manager as appropriate) arranging such consultation and public participation.

 

1.4 Where any Councillor recipient of the report notifies the Democratic Services Manager at any time at least 24 hours prior to the proposed time of decision as set out in the report that he/she objects to the report, he/she may request one of the following:

 

(a) that his/her written objections be presented to the decision-making body, or

(b) the opportunity to make representations to the decision-making body before it takes a decision on the matter.

 

1.5 The Democratic Services Manager shall advise the decision-making body of any objections received in accordance with this procedure.

 

1.6 Determination:

 

(a) where no objection has been received from a Councillor, the decision-making body may proceed to make its decision at the date, time and place set out in the report;

(b) where any Councillor has requested the opportunity to make representations, that Councillor shall have the right to attend at the time, date and place set for the decision-making body to make its decision and to make representations to the decision-making body for a maximum of fifteen minutes and any subsequent time required for a "question and answer sessions" on those representations before the decision-making body takes its decision on the matter.

 

1.7 Urgent Decisions:

 

Where the author of the report is of the opinion that a significant decision should be made urgently in order to prevent or reduce the risk of damage to persons or property or to the interest of Havant Borough Council, and that the urgency of the matter is such that it is not practicable to complete the executive decision-making process set out above:

 

(a) he/she shall use his/her best endeavours, as far as the urgency of the matter permits, to consult those persons whom he/she would have been required to consult had the full executive decision-making process been followed; and

(b) the decision-making body shall have the power to take that significant decision, notwithstanding that the full procedure has not been followed; and

(c) as soon as practicable after taking the decision, he/she shall ensure that a report in the form set out in paragraph 1.1 is prepared, setting out also the reasons for urgency and the decision which the decision-making body has taken, and is sent to all those persons who would have been required to be consulted under this executive decision-making process.

 

1.8 "Significant Decisions":

 

A decision shall comprise a significant decision if:

 

(a) it is in conflict with a policy approved by the Council;

(b) it raises new issues of policy;

(c) it requires any of the following:

(i) staff:

it will give rise to the redeployment or change in the normal place of work of existing staff in ways not agreed by them; and/or, materially change the terms of employment of existing staff in ways not agreed by them; and/or result in any staff being redundant otherwise than through consensual processes (note relevant decisions relating directly to any staff so affected will be made by the Staffing Matters Committee);

(ii) land:

requires the acquisition or disposal of any land or interest in land where the values concerned exceed £50,000;

(d) statutory orders or schemes:

if it comprises or includes the making, approval or publication of a draft or final statutory order or scheme, provided that this shall not extend to any decision required to initiate such an order or scheme nor action to conclude it so long as all statutory publicity requirements have been observed and no representations made in respect of it;

(e) initiation or adoption of legislation:

if it requires the passage of local legislation or the adoption by Havant Borough Council of national legislation provided that this shall not extend to authority required to enable any procedural action precedent to any decision to adopt national legislation;

(f) charges for Havant Borough Council services:

if it is a decision concerned with:

(i) the agreement of general guidance on the approach to be taken to setting fees and charges in the budget strategy each year for each appropriate service undertaken by the Council; which is within the control of the Executive; and,

(ii) the endorsement of achievable options for income generation for each such appropriate service following these having been discussed and agreed between relevant officers and the appropriate portfolio holder;

(g) is of such significance to the locality, Havant Borough Council or the services which it provides that the author of the report is the opinion that it should be treated as a significant decision;

(h) the sum of money committed by the decision exceeds £50,000; except that this threshold shall not apply to

 

(a) treasury management transactions under the Council's Treasury Management Policy;

(b) procurement within approved budgets (varied by any virements approved by officers in accordance with Financial Regulations) including action by portfolio holders under powers delegated to them in respect of contracts and the letting of contracts by officers where appropriate budget provision has already been approved;

(c) routine financial transactions (e.g. payment of precepts to Hampshire County Council and Hampshire Police Authority from the Collection fund, payments to government departments, payments (as Accountable Body) of Single Regeneration Budget funds to various organisations).

(d) emergency expenditure under Financial Regulation A21 (there is a requirement under that regulation to inform all Members of the Council of any net expenditure in excess of £50,000 in such a situation).

 

[NOTE - A decision shall not comprise a significant decision, albeit falling within the definition above, if it is a decision made by a Council officer as part of the day-to-day course of their employment with the Council and in accordance with and pursuant to the Scheme of Delegation to Officers approved by the Council for the time being.]