REPORT OF THE

STANDARDS COMMITTEE

PART I

ACCESS TO INFORMATION : STANDING ORDER 11

1. In October, 2002 new Regulations came into force which require agenda and reports to be published at least five clear days before the relevant meeting. The County Council's Standing Orders have been reviewed in the light of this change.

2. Since the Local Government (Access to Information) Act 1985, all local authorities have had a statutory duty to publish agenda and reports for meetings at least three clear days before the relevant meetings. That period is now extended by the new Regulations to five clear days. The effect is that agenda and reports will need to be published on the eighth day before a meeting, since weekend and Bank Holidays are excluded from the calculation.

3. Standing Order 11(b) concerning the despatch of papers for County Council meetings has remained constant for many years, and states that agenda and reports should be despatched at least six clear days before the relevant meeting. This has not been given the current statutory interpretation so that agendas have normally been sent out a week in advance. It is, therefore, opportune for the Standing Order to be brought into line with the requirements of the new Regulations and interpreted accordingly, so that all agenda and reports for council Cabinet and committee meetings are published a day earlier than has previously been the case. For example, the agenda for a County Council meeting on Thursday would now be despatched on the preceding Wednesday under the new arrangements, rather than on the Thursday as before.

4. The Regulations do not apply specifically to individual Executive Member Decision Days, but in the interests of openness the same timescales would normally apply.

5. To give effect to this change, the reference to "at least six clear days" needs to be amended to read "at least five clear days" in the third line of Standing Order 11(b) and clarification given as to what is meant by the term "clear days".

RECOMMENDATION:

That Standing Order 11(b) be amended by the substitution of the word "five" for "six" in line 3 and that a further sentence be added at the end of paragraph 11(b) as follows:-

"For the avoidance of doubt "clear days" shall be calculated so as to exclude weekends and bank holidays".

P.A. PIERCE

Chairman

5nR701002