Chief Executive Update Webinar

April 8th 2020

Deborah Evans

Chief Executive

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vwv.co.uk | Offices in London, Watford, Bristol & BirminghamLawyers & Parliamentary Agents

Mark Heath

• Consultant

• Returning Officer, Southampton City Council•

Mark Heath

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On the Agenda today

The Local Authorities and Police and Crime Panels (Coronavirus) (Flexibility of Local Authority Police and Crime Panel Meetings) (England and Wales) Regulations 2020 No.392

LLG & ADSO guidance on the above regulations

The Local Government and Police and Crime Commissioner (Coronavirus) (Postponement of Elections and Referendums) (England and Wales) Regulations 2020 No. 395

The Local Authorities and Police and Crime Panels (Coronavirus) (Flexibility of Local Authority Police and Crime Panel Meetings) (England and Wales) Regulations 2020 No.392

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Spirit of the regulations

• To enable meetings to take place swiftly and flexibly in a time of lockdown

What’s not intended by the regulations

• To circumnavigate governance & scrutiny

• To get things ‘under the wire’

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LLG & ADSO Guidance on Virtual Meetings

Remote attendance at local authority meetings

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Timing & Frequency of meetings

What constitutes a Member in attendance?

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Public & Press Access

Publication of decision and background papers

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Practical Implications

Standing Orders

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Immediate effect and 5 days notice

Guidance for members

‘You can treat an open microphone as a live one’

James Hacker

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Managing expectations

Guidance for officers

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The Local Government and Police and Crime

Commissioner (Coronavirus)

(Postponement of Elections and

Referendums) (England and Wales) Regulations

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Postponing Elections: The Coronavirus Act 2020 and the Regulations

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Practical Implications

Outstanding issues

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Correlation between the two sets of regulations

Any Questions

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A systematic approach

Policy & Lobbying: What LLG are doing to help you

An A-Z of technological platforms with tick boxes demonstrating functionsAn etiquette guide for holding meetingsQ & A'sCase Studies of virtual meetingsGuidance

Forthcoming Webinars

15th April: Weekly CEO Brief: Execution and Sealing of Documents

21st April: CEO Brief: Climate Change and Planning

29th April: CPO: A Tool to Delivering Regeneration

21st May: Planning Decisions in Context

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Virtual Meeting and Postponement of Election Regs: April 2020

Weekly Brief: Virtual Meeting and Postponement of Election Regs

Webinar Questions

The responses to the questions posted following the webinar are a thought piece on

the varying discursive points emanating from the webinar. It does not constitute legal

advice and should not be relied upon in that capacity. LLG nor any other legal entity

referenced in this document accept liability for reliance on the following content.

Please exercise your own due diligence and seek specific independent legal advice

where necessary.

Meetings & Councillors

1. The appointment on a new ceremonial mayor and deputy mayor - can we use the urgency powers under the constitution and avoid the need to hold an annual remote meeting. Some existing ceremonial mayors will not wish to continue.

Response – No. Section 3 of the LGA 1972 states that the chairman of a Principal Council shall be elected annually by the council. If the Mayor resigns, the Deputy Mayor presides at meetings (para 5 of Schedule 12 of the LGA 1972) but does not become the Mayor. Reg 4 of the Remote Meetings (RM) Regs simply allows the annual meeting to be held over until the next annual meeting and for existing appointments to continue until then.

2. Schedule 12 of LGA 1972, paragraph 4, sub-paragraph 1B(iii) - member consent to receive electronic summons does not seem to have been disapplied/revoked at an early read. Do you have a different assessment?

Response – No. Only paragraphs 1 and 7 are disapplied by Reg 6 of the RM Regs. Reg 6(e) amends para 4(1A)(a) of Schedule 12 but not 4(1A)(b).

3. Do you think it is permitted to hold a hybrid meeting i.e. some Members physically in attendance and others remotely in attendance?

Response – Yes. Regulation 6(a) of the RM Regs states that any reference to being present at a meeting includes being present through remote attendance. It does not exclude physical presence at a hybrid meeting. The agenda for the meeting would have to make the position clear and ensure that the various requirements under the RM Regs are met for those in remote attendance.

4. Has quorum requirement been removed by reg 6 (c)? Response – No.

Virtual Meeting and Postponement of Election Regs: April 2020

5. Do portfolio holder meetings which were private meetings now have to be made

public? Response – The RM Regs do not change the requirements as to what meetings are open to the public, only how the public can access meetings that are open to the public.

6. I have advised that if we have the annual meeting in say September, we still have to have the 2021 AGM?

Response – Correct. The RM Regulations disapply Para 1 of Schedule 12 of the LGA 1972 which requires an annual meeting every year, but the RM Regs only extend to meetings that are required to be held before 7th May 2021. As the 2021 Annual Meeting would have to take place after that date by virtue of Para 1(1)(2) of Schedule 12, Para 1(1) of Schedule 12 of the LGA 1972 would still apply unless the RM Regs are extended.

7. Can you stand down an existing chair of say planning who is IT illiterate and in a broadband blackspot, and instead elect for each individual meeting a chair who is better served with IT to chair the meeting?

Response – No. If the existing chair does not attend the meeting for whatever reason, then the Vice Chair would preside. In those circumstances, the Chair may wish to stand down in any event.

8. I’m sure I read terms of office will be reduced to 3 years? Response – Section 60 of the Coronavirus Act 2020 in general, extends to 2021 the term of office of those due for election in 2020, and reduces to a 3-year term those elected in 2021 whose term was extended from 2020. Reg 14 of the Postponement of Elections Regs goes into further detail.

9. Is there a time limit for how long we can hold virtual meetings? e.g. after this crisis would we have to go back to full physical attendance at meetings?

Response – The RM Regs apply to meetings held or required to be held before 7th May 2021. They would have to be extended to allow remote meetings to be held after that date.

10. Who makes the decision not to have an annual meeting? Leader/CEX? Response – Standing Orders will normally stipulate the proper officer who is authorised to convene a meeting who would no doubt consult widely if asked not to convene an annual meeting. As paragraph 3 of Schedule 12 of the LGA 1972 has not been disapplied by the RM Regs, if that person decides not to convene the annual meeting, the Chairman of the Council or 5 members of the council can convene an extraordinary meeting of the council and at the meeting, the authority could determine whether or not to hold an annual meeting. The LLG/ADSO Remote Meetings Protocol and Procedure Rules also refers to this issue.

11. Can exceptions to the 6-month rule be approved under the urgency delegations if we don't hold a Council meeting to approve the extension?

Virtual Meeting and Postponement of Election Regs: April 2020

Response – Section 85 of the LGA 1972 states that if a member fails for 6 consecutive months to attend any meeting of the authority for 6 consecutive months, unless for a reason ‘approved by the authority’, then the member shall cease to be a member of the authority. Arguably, as the Functions and Responsibilities Regs 2000 do not specify that s85 approvals are not to be an executive responsibility, the approval could be delegated by the authority to the executive or an officer. If that delegation turned out to be void, however, then the consequences would be that a councillor would have ceased to be a member of the authority. Indeed, it is understood that part of the rationale for the RM Regs was to allow Councils to meet to approve the absence of members who would not otherwise satisfy the 6-month rule.

12. What are people doing to lock members out if they declare a pecuniary interest in meetings?

Response – see the LLG/ADSO Remote Meetings Protocol and Procedure Rules

13. A scheme of Members Allowances - approved for 2019/20 - does it come to an end as year has ended?

Response – we need to check this. See https://www.local.gov.uk/about/our-meetings-and-leadership/lga-members-allowances-scheme for general information on Members Allowances.

14. Re 6-month rule; other LAs locally have used CEO urgent action procedures to grant dispensation to members, we were planning to do the same. Is this acceptable (as opposed to suspending 6 month rule)?

Response – see response to Q11 above

15. Any idea if MHCLG plan to issue guidance re: Cllr etiquette within remote meetings? If not, do LLG plan to do so?

Response – LLG & ADSO have produced a guidance on remote meeting protocols and which includes conduct during remote meetings which you can find https://www.lawyersinlocalgovernment.org.uk/news_articles/llg-launch-new-guidance-on-remote-meetings-protocol-and-procedure-rules-64d04496-db4d-43e8-a1b8-e7cfba942c72 The CfPS have also produced a raft of guidance which you can find at https://www.cfps.org.uk/?publication=covid-19-guide-1-behaviour-and-etiquette-for-remote-meetings

16. Scotland has had remote meetings for a while. Are we talking to SOLAR for their help, allowing us to quickly produce protocol/SO for all? e.g., Highland Council protocol has been recommended

Response – Yes, we have made contact with SOLAR

17. Are you concerned by the fact members of meeting may not be proficient in using IT systems. Do you anticipate a lot of training will be needed and a lot on spend on IT equipment and training.

Virtual Meeting and Postponement of Election Regs: April 2020

Response – Training will be given. There are a number of systems available and these are referred to in the LGA Hub https://www.local.gov.uk/our-support/coronavirus-information-councils

18. Mark has mentioned that it would be helpful if LLG and ADSO were to issue model guidance to members on conduct at remote meetings to ensure consistency. is there any plan for the LLG and ADSO to produce this and if so in what timeframe?

Response - Yes – now issued at https://www.lawyersinlocalgovernment.org.uk/news_articles/llg-launch-new-guidance-on-remote-meetings-protocol-and-procedure-rules-64d04496-db4d-43e8-a1b8-e7cfba942c72.

19. Would you advise all members of the committee dial in or consider an agreed

politically balanced reduced committee just to try and ensure it runs practically? Response – It is a matter for members if some informal pairing arrangement is made. The Council should plan to enable all members to take part should they so wish.

20. I'm concerned about meeting non-attendance, as with the cancellation of our April meetings, some of our Councillors have now not attended for more than 6 months, and we aren't planning on holding a full Council meeting anytime soon in order to set new rules about attendance

Response – See response to Q11 above.

21. Para 3 of the regulations lists Joint Committees under 3.l - ‘a joint committee

constituted to be a local planning authority under section 29 of the Planning and

Compulsory Purchase Act 2004([1])’. There are other joint committees set up

under s101 (5) & 102 Local Government Act 1972 and s9EB Local Government

Act 2000 and pursuant to the Local Authorities (Arrangement for the Discharge of

Functions) (England) Regulations 2012. They are not mentioned explicitly in the

draft regulations. Are they covered by the regulations?

Response – This issue has been raised with the LGA and MHCLG. Public Participation

22. How far is a Council expected to go to enable a member of the public to speak at a meeting if they do not have access to IT? What obligations are on the council to help the public to participate in virtual meetings if they do not have the necessary IT equipment or know how to participate?

Response – There is no requirement on an authority to provide IT equipment

23. On attendance - if live stream goes down and public cannot hear, does that leave meeting and decisions made open to challenge?

Response – see LLG/ADSO Remote Meetings Protocol and Procedure Rules

Virtual Meeting and Postponement of Election Regs: April 2020

24. Will written representations be permitted in lieu of public speaking at planning committees or do the public have to be heard under the regulations.

Response – see LLG/ADSO Remote Meetings Protocol and Procedure Rules

25. Any idea what technology is going to be best to use for virtual meetings that require public participation, not just public access?

Response – See LLG’s webinar COVID-19 Weekly Brief - Week 6 - Virtual Meeting Software- Zoom, Skype, Teams or GoToMeeting? At https://www.lawyersinlocalgovernment.org.uk/webinars/covid-19-weekly-brief-week-6-virtual-meeting-software-zoom-skype-teams-or-gotomeeting

If your question is not answered please post it in the LLG Forum at:

https://www.lawyersinlocalgovernment.org.uk/forum

Virtual Meeting and Postponement of Election Regs: April 2020