3.1  Quasi-judicial and regulatory decisions

Person in a business suit holding out a hand with a digital scales-of-justice icon and legal symbols, with a judge’s gavel on a desk in the background.

 

Section 7 of the Code governs quasi‑judicial and regulatory decision-making. These decisions often have a significant impact on the applicant and others. The Code notes that there may be formal legal routes beyond the Council to challenge a decision made on a quasi‑judicial or regulatory matter, such as a court appeal.

Many of the decisions will be controversial so they may be subject to intense scrutiny. Failing to observe the terms of the Code, or to avoid the reasonable perception that you have done so, could result in a challenge against the Council’s decision with associated cost implications. A successful challenge can harm the Council’s reputation as well as your own. Even if any such challenge is ultimately unsuccessful, it is likely that the Council will still incur costs.

The Code requires you to make quasi‑judicial or regulatory decisions objectively and with an open mind. It lists what you should and should not do when considering and making such decisions. When making any decision, you should consider the individual merits of the case and take into account only relevant and material considerations. You should discount any irrelevant or immaterial considerations, which would include any views or policies that your political party might have.

The Code states that you will:

 

  • Act fairly and be seen to be acting fairly.
  • Take into account professional advice given to you by council officers.
  • Tell those who may be seeking to influence you outside the proper decision‑making process that you will not form an opinion on an application until all information is available to all decision-makers.

 

The Code notes that you will not:

 

  • Pre‑judge or demonstrate bias or express any view on an application before the appropriate meeting.
  • Attempt to influence officers to adopt a particular position or lobby other councillors.
  • Make any decision until all available information is to hand and has been duly considered at the meeting.

 

Site visits

Site visits can form part of the committee process, so a degree of formality should apply and you should behave accordingly. The Code notes that you must follow your Council’s procedures when undertaking site visits and must not give any impression during a visit that you have made up your mind before any decision‑making meeting.

Policy and strategic issues

The Code highlights decisions on policy and strategic issues under which individual applications may subsequently be decided, and outlines what you can and cannot do in respect of these. For example, it notes that you can support proposals you consider to be of benefit to the council area; however, you must not express any view that suggests you have a closed mind on the policy or strategic issue, regardless of any material considerations.

Making representations

The Code outlines how you can make representations on a specific regulatory or quasi-judicial matter, depending on whether you are a member of the decision-making committee:

  • If you are a committee member, you must declare an interest and may remain in the meeting while the matter is being discussed, but only for the purpose of making representations.

  • If you are not a committee member, you may make representations on specific regulatory or quasi-judicial matters only in accordance with your council's procedures for members of the public or other parties wishing to make representations.

The Standards Commission has produced an Advice Note for Councillors on Quasi-Judicial and Regulatory Decision-Making.

3  Making decisions on quasi-judicial and regulatory matters

3.2  Managing expectations in respect of quasi-judicial and regulatory matters