Legal and Support Services

Please ask for: Michelle Meredith

Telephone: 01530 454787

Fax: 01530 454506

Date:13 January 2014

To the Chairman of the Council

Dear CouncillorJones

NOTICE UNDER PARAGRAPH 13(g)(i) OF THE SCRUTINY PROCEDURE RULES – CALL-IN URGENCY

I am writing to you in connection with the above matter and in accordance with the Procedure set out in Paragraph 13 of the Scrutiny Procedure Rules in the Council’s Constitution (page 145refers).

You may recall Cabinet considering a report on 31 October 2012 in relation to the proposed Business Rates Pooling Agreement signed by all the authorities in Leicestershire which had the potential to benefit the Council by providing us access to a pool of reserves which we would not have received were we not in the Pool.

The Chief Executive and Section 151 officer entered into such an agreement from 1 April 2013 under delegated powers given by Cabinet at its meeting on 31 October 2012.

Over the last 12 monthsthe inherent risks in pooling business rates have increased due to:

–Lack of certainty around appeals

–Continued uncertainty around the detailed operation of various aspects of the new regime

–A more negative outlook on prospective business rate outturns amongst billing authorities

–The increasing political profile of the ‘burden of business rates’ on businesses, and the increased likelihood that changes adverse to local authorities will be introduced

As it is no longer considered beneficial to the Council to remain in the pool, the Secretary of State has been approached by the Pool authorities requesting the pool be dissolved. All authorities are in agreement with this. In making this request Goverment have set a timetable of 28 days from the announcement of the Provisional Local Government Finance Settlement in which to finalise the decision, that timetable expires on 14 January 2014.

This timetable was not compatible with the timetable for Cabinet meetings and the matter must now be considered as an urgent decision to be made by the Chief Executive in order to ensure the Council is not prejudiced going forward.

The Constitution provides that subject to the agreement from the Chairman of the Policy and Development Group and following such making a notice available to the public at the Council Offices as soon as reasonably practicable, the decision can be taken by the Chief Executive.

The Constitution further provides that in cases where decisions are accepted as urgent the call-in procedure shall not apply where any delay caused by call-in would seriously prejudice the Council’s or the public’s interest, subject to the agreement of the Chairman of the Council.

Due to the timetable imposed by Government, which requires the decision to be made by 14 January 2014, any delay in implementing the decision of the Chief Executive will mean the Council may again be tied to the Pool which is not considered beneficial at this stage and which may cause the authority deficit in the future.

Therefore your agreement is sought in relation to the urgent nature of the decision and that the decision be exempt from call-in.

Yours

COUNCIL OFFICES. COALVILLE, LEICESTERSHIRE, LE67 3FJTEL (01530) 454545 FAX (01530) 454506

DX 23662 COALVILLE MINICOM: (01530) 454542 WEB SITE:

Elizabeth Warhurst

COUNCIL OFFICES. COALVILLE, LEICESTERSHIRE, LE67 3FJTEL (01530) 454545 FAX (01530) 454506

DX 23662 COALVILLE MINICOM: (01530) 454542 WEB SITE:

Head of Legal and Support Services

COUNCIL OFFICES. COALVILLE, LEICESTERSHIRE, LE67 3FJTEL (01530) 454545 FAX (01530) 454506

DX 23662 COALVILLE MINICOM: (01530) 454542 WEB SITE: