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The Openness of Local Government Bodies Regulations 2014

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Draft Legislation:

This is a draft item of legislation. This draft has since been made as a UK Statutory Instrument: The Openness of Local Government Bodies Regulations 2014 No. 2095

Recording of decisions

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7.—(1) The decision-making officer must produce a written record of any decision which falls within paragraph (2).

(2) A decision falls within this paragraph if it would otherwise have been taken by the relevant local government body, or a committee, sub-committee of that body or a joint committee in which that body participates, but it has been delegated to an officer of that body either—

(a)under a specific express authorisation; or

(b)under a general authorisation to officers to take such decisions and, the effect of the decision is to—

(i)grant a permission or licence;

(ii)affect the rights of an individual; or

(iii)award a contract or incur expenditure which, in either case, materially affects that relevant local government body’s financial position.

(3) The written record must be produced as soon as reasonably practicable after the decision-making officer has made the decision and must contain the following information—

(a)the date the decision was taken;

(b)a record of the decision taken along with reasons for the decision;

(c)details of alternative options, if any, considered and rejected; and

(d)where the decision falls under paragraph (2)(a), the names of any member of the relevant local government body who has declared a conflict of interest in relation to the decision.

(4) The duty imposed by paragraph (1) is satisfied where, in respect of a decision, a written record containing the information referred to in sub-paragraphs (a) and (b) of paragraph (3) is already required to be produced in accordance with any other statutory requirement.

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