To notify Members of recent Executive Decision(s) taken in the circumstances set out in the Council’s Constitution in:-

(a)   Rule 15 of the Access to Information Procedure Rules (Special Urgency); and/or

(b)   Rule 18(i) of the Overview and Scrutiny Procedure Rules (Call-in and Urgency); and/or

(c)     Rule 6(b) of the Budget and Policy Framework Procedure Rules.

Council considered a report of the Leader of the Council that, in accordance with the requirements of Rule 16.2 of the Access to Information Procedure Rules and/or Rule 18(i) of the Overview and Scrutiny Procedure Rules and/or Rule 6(b) of the Budget and Policy Framework Procedure Rules, notified Members of recent Executive Decision(s) taken in the circumstances set out in Rule 15 of the Access to Information Procedure Rules and/or Rule 18(i) of the Overview and Scrutiny Procedure Rules.

(1)     Clacton Leisure Centre Swimming Pool Heating System: Budget Increase

It was reported that, on 19 December 2025, the Assistant Director (Sport, Culture and Health), on behalf of the Leader of the Council, and in view of the urgency of the issue concerned, and in accordance with Rule 18(i) of the Overview & Scrutiny Procedure Rules, had sought and subsequently obtained the Chairman of the Resources and Services Overview and Scrutiny Committee’s consent, that the Leader’s urgent decision, on behalf of the Cabinet, relating to a budget increase for the Clacton Leisure Centre Swimming Pool Heating System, could be taken under the special urgency procedure and therefore be exempted from the call-in procedure.

That urgent decision by the Leader, on behalf of the Cabinet and using the special urgency powers, provided within Schedule 3 (Responsibility for Executive Functions) and Access to Information Procedure Rule 15 (Special Urgency), in consultation with the Portfolio Holder for Leisure and Public Realm, and the Section 151 Officer and the Monitoring Officer had been:

“To authorise a virement of £60,000, to increase the Clacton Leisure Centre Swimming Pool Heating System Replacement Capital project budget, funded from within existing Clacton Leisure Centre revenue budgets, that results in an overall increase in the project budget from £1,368,729 to £1,428,729.”

It had been felt that any delay likely to be caused by the normal key decision process and/or the call-in process would have seriously prejudiced the Council’s and the public’s interest for the following reason:-

“The external funding awarded through the Government Salix decarbonisation scheme provided £1,204,481 towards this project cost. The funding agreement for this contribution includes rigid timescales for drawing down the money.  In order to keep on track with the project milestones, the Council is required to be in contract with the approved supplier by December 31^st 20025.   Any delay in signing the agreement may result in the Council losing the external funding secured.  With Christmas approaching, if a 5 day call-in period was required, there would not be sufficient working days for the decision to be enacted and subsequently enter into contract.  The exemption to call in is therefore requested, to ensure the decision can be ratified and the project remains on target.”

(2)     Tendring District Council’s formal response to the statutory LGR consultations - Greater Essex and Suffolk

Council was informed that, on 2 January 2026, the Corporate Director (Law & Governance), on behalf of the Leader of the Council, and in view of the urgency of the issue concerned, and in accordance with Access to Information Procedure Rule 15 (Special Urgency), had sought and subsequently obtained the Chairman of the Community Leadership Overview and Scrutiny Committee’s consent, that the Leader’s executive decision, on behalf of the Council, relating to this Council’s formal response to the Government’s statutory consultations on the LGR options for Greater Essex and Suffolk could be taken under the special urgency procedure and therefore be automatically exempted from the call-in procedure.

That executive decision by the Leader of the Council, on behalf of the Council, had been:-

“To formally submit Tendring District Council’s responses to the Government’s statutory consultation on local government reorganisation for Greater Essex and Suffolk and in doing so to strongly support the proposal for five Unitary Authorities in Greater Essex and to also strongly support the proposal for three Unitary Authorities in Suffolk.”

It had been felt that any delay likely to be caused by the normal decision-making process and call-in process would have seriously prejudiced the Council’s and the public’s interest for the following reason:-

“The Government’s statutory consultation, published on 19 November 2025, closes on 11^th January 2026.  The Cabinet met informally on 19th December 2025 to discuss the draft responses. Political Group Leaders were subsequently consulted on 23^rd December 2025 and all Members of the Council were notified on 2^nd January 2026, with a copy of the proposed responses, and a request for comments by 6^th January 2026. Therefore, should the normal 5 clear days be given for the call-in period then the Council would be unable to submit its responses in time to meet the Government’s deadline.” 

It was moved by Councillor M Stephenson and:-

RESOLVED that the contents of the report be noted.