- Deddfwriaeth Ddrafft
This is a draft item of legislation and has not yet been made as a Northern Ireland Statutory Rule.
5.—(1) For the purposes of reconsideration of a decision pursuant to a call-in, the minutes of a committee which record a decision—
(a)taken under delegated authority; or
(b)for referral for ratification by the council
must be published within five working days of the conclusion of the meeting. The date on which the minutes were published must be regarded as the relevant date for the purposes of a call-in.
(2) If a call-in is not received within the period specified in paragraph 4(1)—
(a)a decision to which sub-paragraph (1)(a) applies must be implemented; or
(b)a decision to which sub-paragraph (1)(b) applies must be tabled for ratification by the council.
(3) The tabling for ratification of a decision to which sub-paragraph (1)(b) applies, or the implementation of a decision to which sub-paragraph (1)(a) applies, must be postponed until the decision has been reconsidered. The decision maker may rescind the decision at any time prior to the decision being reconsidered.
(4) If a call-in is made in accordance with paragraph 4(3) and section 41(1)(a) of the 2014 Act, the council must appoint an ad hoc committee of the council, the membership of which will be—
(a)the chairpersons of all committees of the council; and
(b)the deputy chairpersons of all committees of the council
to consider the process adopted by the decision-making committee.
(5) The chairperson and deputy chairperson of the committee which was responsible for the decision which is the subject of the call-in must not have voting rights at a meeting of the committee appointed in accordance with sub-paragraph (4).
(6) The members of the ad hoc committee who are present shall choose a member to preside at the meeting.
(7) The members who submitted the call-in, or a member on their behalf, must be invited to attend the meeting at which the decision subject to the call-in is considered and may, upon the request of the chairperson, address the meeting, but must not have voting rights, unless they are voting members of the ad hoc committee.
(8) A committee appointed in accordance with sub-paragraph (4) may—
(a)refer the decision back to the decision maker;
(b)in the case of a decision taken under delegated authority, support the decision; or
(c)in the case of a decision requiring ratification by the council, refer the decision to the council.
(9) Where a decision has been supported in accordance with sub-paragraph (8), that decision must—
(a)be approved;
(b)be inserted in the Register of Decisions; and
(c)become operative from the date of the meeting at which the committee appointed in accordance with sub-paragraph (4) confirmed support for the decision.
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Draft Explanatory Memorandum sets out a brief statement of the purpose of a Draft Statutory Rule and provides information about its policy objective and policy implications. They aim to make the Draft Statutory Rule accessible to readers who are not legally qualified and accompany any Statutory Rule laid before the UK Parliament during the suspension of the Northern Ireland Assembly.
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