Decision details

Decision details

Use of the emergency powers delegated to the Head of Paid Service (Chief Executive) to adopt a temporary "business continuity" version of the Oxford City Council Constitution

Decision Maker: Chief Executive

Decision status: Recommendations approved

Is Key decision?: No

Is subject to call in?: No

Decision:

To:

1.      Adopt for a temporary period while business continuity measures are invoked during the Covid 19 pandemic a revised version of the Oxford City Council Constitution using the emergency powers delegated in Part 9.3(c) of the Constitution, based on the revisions to the Constitution adopted by Council on 27 January 2020 set out in Appendix 1 that:

 

i. Authorise the Chief Executive to cancel and to call meetings of Council without consultation (Parts 11.5 and 11.6).

ii.  Authorise the Head of Law and Governance to cancel and to call meetings of non-executive committees and sub- committees without consultation, including cancelling meetings where there would be sufficient business for a meeting to take place (Parts 13.4 & 14.6).

iii.  Clarify the arrangements for single Cabinet Member decision making, should the Leader choose to delegate any executive decisions currently reserved to Cabinet to individual Cabinet Members.

iv.   Authorise the Head of Planning Services to determine planning applications normally reserved to area planning committees (Part 5.3) in accordance with a protocol (Appendix 2), until such a time as meetings can be convened.

v.   Suspend the call in procedures (Part 17) for all executive and planning decisions until such a time as meetings can be convened.

vi.   Authorise the Head of Regulatory Services and Community Safety to determine all licensing applications (Parts 5.6 and 5.7) with the exception of any applications that require a hearing and cannot be delegated in law, until such a time as meetings can be convened.

 

2.   Delegate authority to the Head of Law and Governance to make minor textual changes to the proposed wording of the revised business continuity version of the Constitution set out in Appendix 1 and to make any other consequential amendments that may berequired.

 

3.   Instruct the Head of Law and Governance to publish the revised business continuity version of the Constitution (as amended) on the Councilwebsite.

 

4.   Delegate authority to the Head of Law and Governance to amend the business continuity version of the Constitution as required in response to events or following the implementation of regulations brought forward under the Coronavirus Act 2020 or changes to such regulations, for example facilitate virtual meetings or to reinstate normal constitutional arrangements where physical meetings can be legally and safely convened, and, if necessary, to revert back to the arrangements set out in Appendix 1 if restrictions on public gatherings are re-imposed infuture.

 

Alternative options considered:

To not use emergency powers in this way would mean the Council would have no provisions for taking decisions that are reserved to committees and sub-committees, such as planning and licensing applications, for an indefinite period until such a time as restrictions on public gatherings are lifted or remote meetings are enabled in regulations. Not using emergency powers in this way would also constrain the Council’s ability and resilience in responding to fast moving national events, changing advice from Government and the spread of the pandemic.

 

 

Signed off by senior officers:

Signed off by the Chief Executive.

Publication date: 02/04/2020

Date of decision: 31/03/2020

Accompanying Documents: