James Findlay QC, Damien Welfare, Matthew Lewin, Ruchi Parekh and - - PowerPoint PPT Presentation

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James Findlay QC, Damien Welfare, Matthew Lewin, Ruchi Parekh and - - PowerPoint PPT Presentation

James Findlay QC, Damien Welfare, Matthew Lewin, Ruchi Parekh and Isabella Buono 8 April 2020 The Regulations: an overview (1) Hold/alter meetings without notice No need to hold Appointments annual meeting will continue WHATS NEW?


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James Findlay QC, Damien Welfare, Matthew Lewin, Ruchi Parekh and Isabella Buono

8 April 2020

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SLIDE 2

The Regulations: an overview (1)

Public/press access can be remote No need to hold annual meeting Standing orders for remote meetings Hold/alter meetings without notice Meetings can be held remotely Appointments will continue

WHAT’S NEW?

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The Regulations: an overview (2)

All local authority meetings (reg.3) From 4 April 2020 To 7 May 2021

Apply to…

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Virtual meetings

Two main issues: (a)PRACTICAL PROTOCOLS for meetings (b)CHANGES TO CONSTITUTION to reduce need for & make more manageable

  • Clear procedural protocols, e.g. Role of chair/deputy chair, what

if connections go, confidential items, document handling

  • Remember – it is a meeting in public most often not a public

meeting

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Changes to Constitution

Options

  • Reduce size of committees
  • Consider size of quorums
  • Review delegation to officers to limit committee

workload

  • Review rights to address committees/council
  • Review document handling
  • Consider expanding emergency powers of officers
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Notice requirements

First, give notice online…

  • Under reg. 6(e), still need to give 5 days’ notice of

principal council meetings – but can be on website

  • This (probably) includes committee and subcommittee

meetings

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Notice requirements

… but no need the second time?

  • Under reg. 4(1), can hold, alter frequency, move, or

cancel meetings without giving “further notice”

  • Intended to give local authorities freedom to reallocate

resources, officers and members

  • BUT policies and other public law obligations still

apply!

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Hosting and webcasting the meeting

Choose a video conferencing platform Webcast the meeting

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Data protection implications

Security settings/permissions Third Country Transfers

  • Beware Zoombombers!
  • Carefully control permissions
  • Disable/limit file sharing and screen sharing
  • Use email invitations to limit meeting participants
  • Check where data is being stored – preferably on EU-based servers

Risk assessment

  • Balance security risks against need to conduct business effectively
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Inspection or supply of documents

Publication on council’s website covers

  • ‘Council’ functions:
  • documents ‘open to inspection’
  • publication/posting/making available of document at office
  • Executive arrangements:
  • agenda & reports beforehand
  • records & reports after decision
  • background papers and list after decision

Inspection, or supply, for fee disapplied

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Inspection or supply of documents

  • ‘Openness of LG Bodies Regs 2014
  • Police & Crime Panels
  • FOI/EIR obligations
  • ICO approach
  • FOI exemption: s21, FOIA
  • No EIR equivalent
  • Breadth of EIR definition

NB: information on current emergency

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Your questions

  • How do we exclude the public and the press from a

virtual meeting going into Part II?

  • How do we deal with the late submission of evidence

before licensing hearings?

  • How do we determine whether or not to have our

annual Council?

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Your questions

  • Who can make changes to procedure rules. Can the

Chief Executive or Monitoring Officer do this?

  • How do you interpret the requirement in Reg.5 that

members must be able to be “hear and be heard” and, “where practicable” to “see and be seen”?

  • Should we disable the “chat” function during remote

meetings?

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Ask us more questions:

events@cornerstonebarristers.com

For instructions and enquiries:

elliotl@cornerstonebarristers.com dang@cornerstonebarristers.com samc@cornerstonebarristers.com