Emergency officer decisions

The COVID-19 pandemic has created circumstances that may warrant exercise of powers and decision making outside usual parameters.

Section 138 of the Local Government Act 1972 permits that where such circumstances exist, so as to affect the whole or part of their area or all or some of its inhabitants, a Council may:

incur such expenditure as they consider necessary in taking action themselves (either alone or jointly with any other person or body and either in their area or elsewhere in or outside the United Kingdom) which is calculated to avert, alleviate or eradicate in their area or among its inhabitants the effects or potential effects of the event; and
make grants or loans to other persons or bodies on conditions determined by the council in respect of any such action taken by those persons or bodies.

Constitutionally where there is an urgent need or where there is a recess in meetings, the Chief Executive and all Directors shall be empowered on behalf of and in the name of the Council to deal with matters of urgency or routine business normally requiring a Cabinet or Committee decision which may arise between the meetings of Cabinet / Committees or during any period when the Cabinet / Committees are in recess; provided that

there is no conflict with the Budget and Policy Framework (unless the urgency provisions in the Budget and Policy Framework Procedure Rules are followed)
if a Key Decision is involved, the matter is contained in the Forward Plan (or the general exception or special urgency provisions are satisfied); and
In respect of any matter falling within the terms of reference of a Committee the Officer shall first consult with the Chairman or, in his/her absence, the Deputy Chairman; and a report of the decision taken shall be submitted to the next ordinary meeting of the Committee; or in the case of all Executive matters the Officer shall first consult with the Chief Executive, relevant Portfolio Holder(s) and a report of the decision taken shall be submitted to the next ordinary meeting of the Cabinet.
The Monitoring Officer and Section 151 Officer are consulted in respect of the proposed decision.

The Chief Executive has directed that all decisions made in the above circumstances shall be in consultation with the Leader and Portfolio Holder for Finance and Resources (where available).

Emergency officer decisions notices

Contact details

Democratic Services, Municipal Offices, Town Hall Square, Grimsby, North East Lincolnshire, DN31 1HU

Email: [email protected]

Telephone: 01472 324121

Opening times: Monday to Friday 9am to 5pm, except bank holidays

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