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Local Authorities (Executive Arrangements) (Decisions, Documents and Meetings) (Wales) Regulations 2001

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Recording of executive decisions made by individuals

7.—(1) As soon as is reasonably practicable after an individual member has made any executive decision, that member shall instruct the proper officer to produce a written statement of that executive decision which includes the information specified in paragraph (4).

(2) Subject to paragraph (3) any executive decision made by an individual member shall not be implemented until a written statement has been produced in accordance with paragraph (1).

(3) Where the date by which an executive decision must be implemented makes compliance with paragraph (2) impracticable, the decision shall only be implemented where the decision-maker has obtained agreement from—

(a)the chairperson of the relevant scrutiny committee; or

(b)if there is no such person, or that person is unable to act, the chairperson of the relevant local authority; or

(c)if there is no chairperson of either the relevant scrutiny committee or the relevant local authority, the vice-chairman of the relevant local authority;

that the making of the decision is urgent and cannot reasonably be deferred.

(4) The statement referred to in paragraph (1) must include—

(a)a record of the decision including the date it was made;

(b)a record of the reasons for the decision;

(c)a record of any interest declared by any executive member who is consulted by the member, in relation to the decision and of any interest declared by any executive member who would have been the decision-maker except for the declaration of such an interest;

(d)in respect of any declared interest, a note of any dispensation granted by the local authority’s standards committee;

(e)details of any consultation undertaken in accordance with the local authority’s standing orders and constitution and where such consultation has not taken place, the reasons why that is the case; and

(f)a record of any reasons for urgency which led to the implementation of the decision before the preparation of the statement.

(5) Executive decisions made by individual members of local authority executives are prescribed decisions for the purposes of section 22(4) of the 2000 Act (duty to keep a written record of decisions made by individual members of local authority executives).

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