If the Head of Law and Corporate Governance thinks fit, the Council may exclude access by the public to reports which in his or her opinion relate to items during which, in accordance with Rule 9, the meeting is likely not to be open to the public. Such reports will be marked "Not for publication" together with the category of information likely to be disclosed.

Rules 1 – 22 of the Access to Information Procedure Rules apply to the Cabinet and its committees.

(a) Subject to Rule 14 (general exception) and Rule 15 (special urgency), a key decision may not be taken unless:

(b) a notice (called here a forward plan) has been published in connection with the matter in question;

(c) at least 5 clear days have elapsed since the publication of the forward plan; and

(d) where the decision is to be taken at a meeting of the executive or its committees, notice of the meeting has been given in accordance with Rule 4 (notice of meetings).

Forward plans will be prepared by the Leader of the Council to cover a period of four months, beginning with the first day of any month. They will be prepared on a monthly basis and subsequent plans will cover a period beginning with the first day of the second month covered in the preceding plan.

2. Contents of forward plan

The forward plan will contain matters which the Leader has reason to believe will be subject of a key decision to be taken by the Cabinet a committee of the Cabinet individual members of the Cabinet, officers or under joint arrangements in the course of the discharge of an executive function during the period covered by the plan. It will describe the following particulars in so far as the information is available or might reasonably be obtained:

(a) the matter in respect of which a decision is to be made;

(b) where the decision taker is an individual, his or her name and title, if any and where the decision taker is a body, its name and details of membership;

(c) the date on which, or the period within which , the decision will be taken;

(d) the identity of the principal groups whom the decision taker proposed to consult before taking the decision;

(e) the means by which any such consultation is proposed to be undertaken;

(f) the steps any person might take who wishes to make representations to the Cabinet or decision taker about the matter in respect of which the decision is to be made, and the date by which those steps must be taken; and

(g) a list of the documents submitted to the decision taker for consideration in relation to the matter.

The forward plan must be published at least 14 days before the start of the period covered. The Chief Executive will publish once a year a notice in at least one newspaper circulating in the area, stating:

(a) that key decisions are to be taken on behalf of the Council;

(b) that a forward plan containing particulars of the matters on which decisions are to be taken will be prepared on a monthly basis;

(c) that the plan will contain details of the key decisions to be made for the four month period following its publication;

(d) that each plan will be available for inspection at reasonable hours free of charge at the Council’s offices;

(e) that each plan will contain a list of the documents submitted to the decision takers for consideration in relation to the key decisions on the plan;

(f) the address from which, subject to any prohibition or restriction on their disclosure, copies or, or extracts from, any document listed in the forward plan is available;

(g) that other documents may be submitted to decision takers;

(h) the procedure for requesting details of documents (if any) as they become available;

and

(i) the dates on each month in the following year on which each forward plan will be published and available to the public at the Council’s offices.

Exempt information need not be included in a forward plan and confidential information cannot be included.

If a matter which is likely to be a key decision has not been included in the forward plan, then subject to Rule 15 (special urgency), the decision may still be taken if:

(a) the decision must be taken by such a date that it is impracticable to defer the decision until it has been included in the next forward plan and until the start of the first month to which the next forward plan relates;

(b) the Head of Law and Corporate Governance has informed the chair of a relevant Overview Panel or Scrutiny Panel, or if there is no such person, each member of that Panel in writing, by notice, of the matter to which the decision is to be made;

(c) the Head of Law and Corporate Governance has made copies of that notice available to the public at the offices of the Council.

(d) at least 5 clear days have elapsed since the proper officer complied with (a) and (b).

Where such a decision is taken collectively, it must be taken in public.

If by virtue of the date by which a decision must be taken Rule 14 (general exception) cannot be followed, then the decision can only be taken if the decision taker (if an individual) or the chair of the body making the decision, obtains the agreement of the chair of a relevant Overview Panel or Scrutiny Panel that the taking of the decision cannot be reasonably deferred. If there is no chair of a relevant Overview Panel or Scrutiny Panel or if the chair of each relevant Overview Panel or Scrutiny Panel is unable to act, then the agreement of the Mayor, or in his or her absence the Deputy Mayor will suffice.

If a Scrutiny Panel thinks that a key decision has been taken which was not:

(a) included in the forward plan; or

(b) the subject of the general exception procedure; or

(c) the subject of an agreement with a relevant Scrutiny Panel chair, or the Mayor of the Council under Rule 15;

the Panel may require the Cabinet to submit a report to the Council within such reasonable time as the Panel specifies. The power to require a report rests with the Panel, but is also delegated to the Head of Law and Corporate Governance, who shall require such a report on behalf of the Panel when so requested by (the Chair or any 5 Members). Alternatively the requirement may be raised by resolution passed at a meeting of the relevant Scrutiny Panel

(2) Cabinet report to Council

In the event of paragraph (1) applying the Cabinet will prepare a report for submission to the next available meeting of the Council. However, if the next meeting of the Council is within 7 days of receipt of the written notice, or the resolution of the Panel, then the report may be submitted to the meeting after that. The report to Council will set out particulars of the decision, the individual or body making the decision, and if the Leader is of the opinion that it was not a key decision the reasons for that opinion.

(3) Quarterly reports on special urgency decision

In any event the Leader of the Council will submit quarterly reports to the Council on the executive decisions taken in the circumstances set out in Rule 15 (special urgency) in the preceding three months.

The report will include the number of decisions so taken and a summary of the matters in respect of which those decisions were taken.

After any meeting of the Cabinet or any of its committees, whether held in public or private, the Head of Law and Corporate Governance (or, where no officer was present, the person presiding at the meeting) will produce a record of every decision taken at that meeting as soon as practicable. The record will include a statement of the reasons for each decision and any alternative options considered and rejected at that meeting.

18. CABINET MEETINGS RELATING TO MATTERS WHICH ARE NOT KEY DECISIONS

The Cabinet will decide whether meetings relating to matters which are not key decisions will be held in public or private.

Where an individual Member of the Cabinet receives a report which he or she intends to take into account in making any key decision, then he or she will not make the decision until at least 5 clear days after receipt of that report.

(2) Provision of Copies of Reports to Scrutiny and Review Panels

On giving of such a report to an individual decision maker, the person who prepared the report will give a copy of it to the chair of every relevant Overview Panel and Scrutiny Panel as soon as reasonably practicable, and make it publicly available at the same time.

(3) Record of Individual Decision

As soon as reasonably practicable after an executive decision has been taken by an individual Member of the Cabinet or a key decision has been taken by an officer, he or she will prepare, or instruct the proper officer to prepare, a record of the decision, a statement of the reasons for it and any alternative options considered and rejected. The provisions of Rules 7 and 8 (inspection of documents after meetings) will also apply to the making of decisions by individual Members of the Cabinet. This does not require the disclosure of exempt or confidential information or advice from a political assistant.