The Local Authorities (Executive Arrangements) (Meetings and Access to Information) (England) Regulations 2012

General exception

10.—(1) Subject to regulation 11, where the publication of the intention to make a key decision under regulation 9 is impracticable, that decision may only be made—

(a) where the proper officer has informed the chairman 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 at the offices of the relevant local authority for inspection by the public and published on the relevant local authority’s website, if it has one, a copy of the notice given pursuant to sub-paragraph (a); and

(c) after five clear days have elapsed following the day on which the proper officer made available the notice referred to in sub-paragraph (b).

(2) Where paragraph (1) applies to any matter, regulation 9 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 at the offices of the relevant local authority a notice setting out the reasons why compliance with regulation 9 is impracticable; and

(b) publish that notice on the relevant local authority’s website, if it has one.