The Decision Making Process Sample Clauses

The Decision Making Process. 7.5.1 Although there is no statutory necessity to complete a formal application form, it is recommended that a form be completed, as it will form a checklist of criteria to be met or questions to be answered. This will assist in speeding up the application process. 7.5.2 All applications will be considered on an individual basis and decisions will be made in accordance with this policy. The following examples indicate circumstances where it may be appropriate to award Relief. They are included in these guidelines in the form of broad, general principles and are not intended to be prescriptive: ● The organisation will create substantial employment in the local community ● The organisation is working with the Council to regenerate a significant proportion of the local area, creating wealth and opportunities ● It is in the wider interests of the local Council Taxpayers to support the organisation because of the inherent benefits to the community 7.5.3 EK Services will work with the individual authority’s respective officers and provide advice and support relating to Business Rates. However any decision would be reviewed and determined by the client team because of the wider aspect of this relief and its implications. 7.5.4 EK Services will consider applications within 21 days of the application and all supporting information being received and will notify the customer should there be a delay in processing the application. 7.5.5 EK Services will notify the applicant of the decision in writing and where less than the maximum amount of relief is granted or the relief is refused, an explanation of the reasons why will be given. 7.5.6 EK Services will not consider applications where the customer has failed to provide information within the timescales provided to them and will notify the customer in writing that the application has been refused. 7.5.7 To ensure there is a fair and consistent approach to the award of this type of Relief, all applications will be considered within the guidelines of this policy and a written record will be kept on file of the decisions and factors considered in the process. The decision will be available free of charge to the applicant on request.

The Decision Making Process. 2.5.1 Although there is no statutory necessity to complete a formal application form, it is recommended that a form be completed, as it will form a checklist of criteria to be met or questions to be answered. This will assist in speeding up the application process. 2.5.2 All applications will be considered on an individual basis. Consideration for awarding Discretionary Relief is based on the organisations ability to meet its Business Rate liability. Therefore, copies of the last 3 years audited accounts are to be submitted with the application form. Where audited accounts are not available, financial statements prepared by, or approved by, an appropriate representative shall be acceptable. For a new organisation 12 months projected cash flow forecast are required. 2.5.3 Where an organisation has retained funds, or built up reserves, for a purpose related to the aims and objectives of the organisation, provided that the works are realistically expected to be completed within three years of the date of application, those funds/reserves may be disregarded for the purposes of the award of relief. It is accepted that funds may have to be accrued over many years to fund major projects

The Decision Making Process. 4.5.1 Although there is no statutory necessity to complete a formal application form, it is recommended that a form be completed, as it will form a checklist of criteria to be met or questions to be answered. This will assist in speeding up the application process. 4.5.2 All applications will be considered on an individual basis and decisions will be made in accordance with this policy. The following examples indicate circumstances where it may be appropriate to award Hardship Relief. They are included in this policy in the form of broad, general guidelines and are not intended to be prescriptive; x The customer will suffer hardship if the relief is not granted; x There is a direct benefit to the ratepayer or the community or no adverse impact to other ratepayers or the community as a result of awarding relief; x The cost to local Council Tax payers is proportional to the benefits of the community; x 7KH UDWHSD\HU¶V EXVLQHVV KDV EHHQ GHWULPHQW beyond the ratepayers control and that do not constitute part of the normal risks in running a business i.e. a natural disaster or an unusual or uncontrollable event in the neighbourhood of the business x By refusing to award the relief may result in the loss of the business. The impact on local amenities must be considered if the business is the sole provider of a service in the local area i.e. the only village shop;

The Decision Making Process. 5.1 The primary aim of the mediation is to help the parties to arrive at their own decisions regarding the disputed issues. 5.2 The parties should be helped to reach such resolution of such issues which they feel are appropriate to their particular circumstances. Such resolution may not necessarily be the same as that which may be arrived at in the event of adjudication by the Court. That allows the parties to explore and agree upon a wider range of options for settlement that might otherwise be the case. 5.3 The mediator may meet the parties individually and/or together. Solicitors, barristers or other professional advisers acting for the individual parties may, but need not necessarily, participate in the mediation process if the parties so wish. Such solicitors and/or advisers may take part in discussions and meetings, with or without the parties, and in other communication and representation, in such manner as the mediator may consider useful and appropriate. 5.4 Parties are free to consult with the individual professional advisers as the mediation progresses. The mediator may make suggestions to the parties as to the appropriateness of seeking further assistance from professional advisers such as lawyers, accountants, expert valuers or others. 5.5 The mediator must not seek to impose his or her preferred outcome on the parties. 5.6 The mediator shall be free to make management decisions with regard to the conduct of the mediation process. 5.7 The mediator may suggest possible solutions and help the parties to explore these, where he or she thinks this would be helpful to them. 5.8 The mediator must recognise that the parties can reach decisions on any issues at any stage of the mediation. 5.9 Agreements reached in mediation fall into 3 categories: 5.9.1 non-binding agreement 5.9.2 binding agreements (which would be enforceable by a Court); 5.9.3 binding agreements enshrined in a Court or Arbitration Order. The mediator should ascertain how the parties wish their agreement to be treated. Where the parties do not wish to have a legally-binding solution (for example where they have resolved personal rather than legal issues), their wishes should be respected. 5.10 At the end of the mediation or at any interim stage, the mediator and/or the parties or their representatives may prepare a written memorandum or summary or any agreements reached by the parties, which may, where considered by the mediator to be appropriate, compromise draft heads of such agree...

The Decision Making Process