What should we take to Members for approval?

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    Paul Mason

    It has been brought to my attention today that each LA must put before its Members at Council their full scheme in its entirety (i.e. the full 150+ pages) for approval rather than proposing a resolution to adopt the default scheme with an appendix detailing any amendments.

    Our Legal advice was that we could just adopt the default scheme, apart from reducing the liability to 91.5 per cent and reducing backdating to 3 months, as an appendix to the report.

    I have now been asked to establish what the others are planning to takeor have already taken to their Members.

    Big pressure now on us when we thought we had it all sorted. Our report goes to cabinet on 15/01/13 and Council on 24/01/13.

    Finally, is there anything you have seen from CLG regarding what is required? I’m sure there isn’t as it our scheme and we can do as we deem necessary to adopt a local scheme but I would be interested to know what your council is proposing to do.

    Thanks in advance.



    Hi Paul

    Our legal advice was that the whole scheme had to go before memebers


    We gave Members the full scheme (just in case any wanted to propose an amendment to the scheme), a full EIA and a detailed consultation response.


    It is safest to put the full report before members. I think the caselaw is more important than what DCLG think. It will never be an issue until and unless your LA is challenged at judicial review though; probably one of those times when no-one will care until a legal challenge when all will then say in hindsight “why did we not do this and who is to blame”.

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