Use of Chief Executive Urgency Powers: Polling Place Outside of Polling District
Portfolio Holder: Not applicable Lead Officer: Ian Gallin
Background
Under Part 3, Section 5, Scheme of Delegation to Officers, paragraph 14 of the Council’s Constitution, it states:
Where, in the opinion of the Chief Executive, by reason of limitation of time or urgency, a decision is required on any matter, after such consultation as they consider necessary (or as is required by the Council’s Budget and Policy Framework Procedure Rules in Part of the Constitution), they shall have power to make a decision provided that any such decision shall be reported to the next meeting of the Cabinet, appropriate Committee or Council…..
Decision made
On 31 October 2019, the Chief Executive exercised his urgency powers and made a decision to move Newmarket East 1 Polling District to poll at King Edward VII Memorial Hall (in Newmarket West 1 Polling District) for the Parliamentary General Election on12 December 2019. The reason for this was because the ordinary polling place at The Palace House Mews is not available and no other suitable alternative venues are available within the Polling District.
Alternative options considered were Palace House Cottage and The Palace House Coach Room; however these have been discounted due to ongoing construction. All Saints Church has also been discounted as Officers have been unable to make contact with the booking agent and the building has not previously been used as a polling station. This would, therefore, require inspections prior to agreement being made for it to be used as a polling station. Unfortunately, insufficient time is available to progress this option.
Information considered in making the decision
S18B(4)(d) of the Representation of the People Act 1983 provides that the polling place for a polling district must be an area in the district, unless special circumstances make it desirable to designate an area wholly or partly outside the district. The decision to move a polling place must be made by the Council unless specific delegations are in place. The term ‘special circumstances’ is not defined but there is evidence of other councils using this provision when planning for the snap General Election in 2017.
The Assistant Director (HR, Legal and Democratic Services), Service Manager (Shared Legal), the Deputy Returning Officer and Monitoring Officer were consulted on this matter prior to the decision being made.
Recommendation
In accordance with the Constitution, the Cabinet is requested to NOTE the use of the Chief Executive’s Urgency Powers in respect of making the decision outlined above.
Minutes:
The Cabinet noted that under Part 3; Section 5 - Scheme of Delegation to Officers, paragraph 14 of the Council’s Constitution stated that:
Where, in the opinion of the Chief Executive, by reason of limitation of time or urgency, a decision is required on any matter, after such consultation as they consider necessary (or as is required by the Council’s Budget and Policy Framework Procedure Rules in Part of the Constitution), they shall have power to make a decision provided that any such decision shall be reported to the next meeting of the Cabinet, appropriate Committee or Council…..
On 31 October 2019, the Chief Executive exercised his urgency powers and made a decision to move Newmarket East 1 Polling District to poll at King Edward VII Memorial Hall (in Newmarket West 1 Polling District) for the Parliamentary General Election on Thursday 12 December 2019. The reason for this was because the ordinary polling place at The Palace House Mews was not available and no other suitable alternative venues were available within the Polling District.
Alternative options considered were Palace House Cottage and The Palace House Coach Room. However these had been discounted due to ongoing construction. All Saints Church had also been discounted as Officers had been unable to make contact with the booking agent and the building had not previously been used as a polling station. This would, therefore, require inspections prior to agreement being made for it to be used as a polling station. Unfortunately, insufficient time was available to progress this option.
S18B(4)(d) of the Representation of the People Act 1983 provided that the polling place for a polling district must be an area in the district, unless special circumstances made it desirable to designate an area wholly or partly outside the district. The decision to move a polling place must be made by the Council unless specific delegations were in place. The term ‘special circumstances’ was not defined but there was evidence of other councils using this provision when planning for the snap General Election in 2017.
The Assistant Director (HR, Legal and Democratic Services), Service Manager (Shared Legal), the Deputy Returning Officer and the Monitoring Officer were consulted on this matter prior to the decision being made.
Therefore, the Cabinet NOTED the use of the Chief Executive’s Urgency Powers in respect of making the decision outlined above.