Appendix A CLO MO Emergency Powers

Proposed · This went to the meeting on Wed 23 Sep 2026. What was decided is in that meeting's minutes.

Where functions overlap, the Monitoring Officer would lead on governance, legality of decision-making and ethical matters, while the Chief Legal Officer would lead on legal execution, enforceability and proceedings. p57p58

The existing emergency powers provision, introduced as a temporary response to the Covid-19 pandemic, would be replaced with a permanent Urgency, Emergency and Business Continuity framework intended to reflect modern governance risks and maintain statutory functions during periods of significant disruption, with enhanced requirements for consultation, transparency and reporting. p85

Under the proposed framework, the Chief Executive would be given delegated authority to take urgent decisions where it is impracticable to obtain a timely decision from Council, Cabinet or a Committee, after consulting, where reasonably practicable, the Leader, the leaders of political groups, the Monitoring Officer, the Section 151 Officer and the relevant Committee Chair. p67p68p69p70p71p72p73

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• p575.2 Where functions overlap: • The Monitoring Officer shall lead on governance, legality of decision-making and ethical matters.
• p58• The Chief Legal Officer shall lead on legal execution, enforceability and proceedings.
• p67Proposed Constitutional Position 26.22 Urgency, Emergency and Business Continuity Powers Where urgent action is required:
• p68a. to protect the interests of the Council; b. to maintain the continuity of Council services; c. to ensure the discharge of statutory functions; d. to comply with legal obligations, statutory requirements or statutory deadlines; or e. to respond to an emergency, civil contingency or significant operational disruption, and it is impracticable to obtain a decision from the appropriate Council, Cabinet, Committee or Sub-Committee within the available timescale, delegated authority is given to the Chief Executive (or nominee) to take such action and make such decisions as are considered necessary.
• p69Before exercising these powers, the Chief Executive shall consult, where reasonably practicable and within the timescales available, with:
• p70• the Leader of the Council (or Deputy Leader);
• p71• the Leaders of all recognised Political Groups (or their nominated deputies);
• p72• the Monitoring Officer; • the Section 151 Officer; and
• p73• the Chair of the relevant Committee where the matter falls within that Committee's remit. Where it is not reasonably practicable to consult all persons listed above, the Chief Executive shall consult those persons reasonably available within the time available and record the reasons why full consultation was not possible.
• p85Reason for Amendment The existing emergency powers provision was introduced as a temporary response to the Covid-19 pandemic and focuses primarily on situations where formal meetings cannot take place. The proposed amendment replaces this with a permanent urgency, emergency and business continuity framework that better reflects modern governance risks, organisational resilience requirements and the need to maintain the delivery of statutory functions during periods of significant disruption. It also introduces enhanced requirements for consultation, transparency and reporting.