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12.—(1) Subject to article 13, where the publication of the intention to make a key decision under article 11 is impracticable, that decision may only be made—
(a)where the proper officer has informed the chair of the relevant overview and scrutiny committee or, if there is no such person, each member of the relevant overview and scrutiny committee by notice in writing, of the matter about which the decision is to be made;
(b)where the proper officer has made available to the public at the offices of the combined authority for inspection by the public and published on the combined authority’s website, if it has one, a copy of the notice given pursuant to sub-paragraph (a); and
(c)after 5 clear days have elapsed following the day on which the proper officer made available the copy of the notice referred to in sub-paragraph (b).
(2) Where paragraph (1)(a) or (b) applies to any matter, article 11 need not be complied with in relation to that matter.
(3) As soon as reasonably practicable after the proper officer has complied with paragraph (1), he or she must—
(a)make available to the public at the offices of the combined authority a notice setting out the reasons why compliance with article 11 is impracticable; and
(b)publish that notice on the combined authority’s website, if it has one.
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