STANDING ORDERS
Adopted
June 2004
PART ll: STANDING ORDERS
Note: Paragraph 63 Unauthorised Activities - Revised wording adopted by Parish Council on 27 January 2010.
Some of the Standing Orders are compulsory as they are laid down in Acts
of Parliament. These are printed in bold type. These Standing Orders
cannot be altered.
If the words “Local Councils” are used, it means Parish
and Town Councils in
It is, of course, recognised that local councillors
can be male or female. Therefore,
wherever the masculine gender is used in this publication, this should
be interpreted as also meaning the feminine gender, where appropriate.
CONTENTS
Meetings
1a)
Meetings of the Council shall be held in each year on such dates
and times and at such place as the Council may direct.
The summons to the meetings shall be issued by the Clerk to the
Council at least 3 days before the day of the meeting.
b)
Smoking is not permitted at any meeting of the Council
2a) In an election year the Annual Parish Council
Meeting shall be held on or within 14 days following the day on which
the councillors elected take office and
b) In a year which is not an election year the
Annual Parish Council Meeting shall be held on such day in May as the
Council may direct.
3a) In addition to the Statutory Annual Parish
Council Meeting at least three other statutory meetings shall be held
in each year on such dates and times and at such place as the Council
may direct.
b)
The three other statutory meetings shall be held on the last Wednesday
in the months of March, July and November.
c)
Two additional meetings shall be held on the last Wednesday in
the months of January and September.
4 The person
presiding at a meeting may exercise all the powers and duties of the Chairman
in relation to the conduct of the meeting.
5 Where a statute, regulation or order confers function or duties
on the proper officer of the Council in the following cases, he shall
be the clerk or nominated officer: -
·
To receive declarations of acceptance of office.
·
To receive and record notices disclosing interests at
meetings.
·
To receive and retain plans and documents.
·
To sign notices or other documents on behalf of the Council.
·
To receive copies of bylaws made by another local authority.
·
To certify copies of bylaws made by the Council
·
To keep proper records for all Council meetings.
·
To sign and issue the summons to attend meetings of the
Council
Quorum of the Council
6 Three members or one-third of the total
membership, whichever is the greater, shall constitute a quorum at meetings
of the Council, its Committees and its sub-Committees.
7 If a quorum is not present or if during a meeting the number
of councillors present (not counting those debarred by reason of a declared
interest) falls below the required quorum, the meeting shall be adjourned
and business not transacted shall be transacted at the next meeting or
on such other day as the Chairman may fix.
NB For a quorum relating to a committee or sub-committee, refer to Standing Order 48.
8 Members shall vote by show of hands or, if at least two members
so request, by signed ballot.
9 If a member so requires, the Clerk shall
record the names of the members who voted on any question so as to show
whether they voted for or against it.
Such a request must be made before moving on to the next business.
10 a) Subject to (b) and (c) below the Chairman may
give an original vote on any matter put to the vote, and in any case of
an equality of votes may give a casting vote whether or not he gave an
original vote.
b)
If the person presiding at the annual meeting would have ceased to be
a member of the council but for the statutory provisions which preserve
the membership of the Chairman and Vice-Chairman until the end of their
term of office he may not give an original vote in an election for Chairman.
c) The person presiding must give a casting vote whenever there is an equality of votes in an election for Chairman.
Order
of Business
11 At each Annual Parish Council Meeting the
first business shall be:-
f) To appoint representatives to
outside bodies.
g) To appoint committees and sub-committees.
h)
To consider the payment of any subscriptions falling to be paid annually.
i)
To inspect any deeds and trust investments in the custody of the
Council as required;
and
shall thereafter follow the order set out in the Standing Order 14.
12 At every meeting other than the Annual Parish
Council Meeting the first business shall be to appoint a Chairman if the
Chairman and Vice-Chairman be absent and to receive such declarations
of acceptance of office (if any) and undertaking to observe the Council’s
code of conduct as are required by law to be made or, if not then received,
to decide when they shall be received.
13
In every year, not later than the meeting at which the estimates
for next year are settled, the Council shall review the pay and conditions
of service of existing employees. Standing
Order 38 must be read in conjunction with this requirement.
14
After the first business has
been completed, the order of business, unless the Council otherwise decides
on the ground of urgency, shall be as follows:-
a) To read and consider the
Minutes; provided that if a copy has been circulated to each member not
later than the day of issue of the summons to attend the meeting, the
Minutes may be taken as read.
b) After consideration to approve the signature
of the Minutes by the person presiding
as a correct record.
e)
To receive such communications as the person presiding may wish
to lay before the Council.
f)
To answer questions from Councillors and from members of the public
during Public Question Time.
g)
To receive and consider reports and minutes of committees and reports
from officers
h)
To receive and consider resolutions or recommendations in the order
in which they have been notified.
i)
To authorise the sealing of documents.
j)
If necessary, to authorise the signing of payments, in accordance
with standing financial regulations.
15
A motion to vary the order of business on the ground of urgency:
a) May
be proposed by the Chairman or by any member and, if proposed by the Chairman,
may be put to the vote without being seconded, and
b)
Shall be put to the vote without discussion.
16 Except as provided by
these Standing Orders, no resolution may be moved unless the business
to which it relates has been put on the Agenda by the Clerk or the mover
has given notice in writing of its terms and has delivered the notice
to the Clerk at least 7 clear days before the next meeting of the Council.
17
The Clerk shall date every notice
of resolution or recommendation when received by him, shall number each
notice in the order in which it was received and shall enter it in a book
which shall be open to the inspection of every member of the Council.
18
The Clerk shall insert in the
summons for every meeting all notices of motion or recommendation properly
given in the order in which they have been received unless the member giving a notice
of motion has stated in writing that he intends to move at some later
meeting or that he withdraws it.
19
If a resolution or recommendation
specified in the summons is not moved either by the member who gave notice
of it or by any other member, it shall, unless postponed by the Council,
be treated as withdrawn and shall not be moved without fresh notice.
20
If the subject matter of a resolution
comes within the province of a committee of the Council, it shall, upon
being moved and seconded, stand referred without discussion to such committee
or to such other committee as the Council may determine for report; provided
that the Chairman, if he considers it to be a matter of urgency, may allow
it to be dealt with at the meeting at which it was moved.
21
Every resolution or recommendation
shall be relevant to some subject over which the Council has power or
duties, which affects its area.
22
Resolutions dealing with the following matters may be moved without
notice:-
a)
To give the consent of the Council where such consent
is required by these Standing Orders.
b)
To appoint a Chairman of the meeting
c)
To correct the Minutes.
d)
To approve the Minutes
e)
To alter the order of business
f)
To proceed to the next business.
g)
To close or adjourn the debate.
h)
To refer a matter to a committee.
i)
To appoint a committee or any members thereof.
j)
To adopt a report.
k)
To authorise the sealing of documents.
l)
To amend a motion.
m)
To give leave to withdraw a resolution or amendment.
n)
To extend the time limit for speeches.
o)
To exclude the press and public. (see Order 68 below)
p)
To silence or eject from the meeting a member named for
misconduct (see Order 33 below)
q)
To suspend any Standing Order (see Order 79 below)
r)
To adjourn the meeting.
Questions
23 A member may ask the Chairman of the Council, a Committee or the
Clerk any question concerning the business of the Council, provided 7
clear days notice of the question has been given to the person to whom
it is addressed.
24 No questions not connected with business under discussion shall
be asked except during the part of the meeting set aside for questions.
25
Every question shall be put and answered without discussion.
26 A person to whom a question has been put may decline to answer.
27
No discussion of the Minutes shall take place except upon their
accuracy. Corrections to the Minutes shall be made by resolution and must
be initialled by the Chairman.
28a)
A resolution or amendment shall not be discussed unless it has
been proposed and seconded, and, unless proper notice has already been
given, it shall, if required by the Chairman, be reduced to writing and
handed to him before it is further discussed or put to the meeting.
b)
A member when seconding a resolution or amendment may, if he then
declares his intention to do so, reserve his speech until a later period
of the debate.
c)
A member shall direct his speech to the question under discussion
or to a personal explanation or to a question of order.
d)
No speech by a mover of a resolution shall exceed 3 minutes and no other
speech shall exceed 3 minutes except by consent of the Council.
e) An amendment shall be either:-
i) To leave out words.
ii) To leave out words and insert others
iii) To insert or add words.
f)
An amendment shall not have the effect of negating the resolution
before the Council.
g)
If an amendment be carried, the resolution, as amended, shall take
the place of the original resolution and shall become the resolution upon
which any further amendment may be moved.
h)
A further amendment shall not be moved until the Council has disposed
of every amendment previously moved.
i) The mover of a resolution or of an amendment shall have a right of reply, not exceeding 3 minutes.
j)
A member, other than the mover of a resolution, shall not, without
leave of the Council, speak more than once on any resolution except to
move an amendment or further amendment, or on an amendment, or on a point
of order, or in personal explanation, or to move a closure, or on a point
of clarification.
k)
A member may speak on a point of order or a personal explanation. A member speaking for these purposes shall be
heard forthwith. A personal explanation
shall be confined to some material part of a former speech by him, which
may have been misunderstood.
l)
A motion or amendment may be withdrawn by the proposer with the
consent of the Council, which shall be signified without discussion, and
no member may speak upon it after permission has been asked for its withdrawal
unless such permission has been refused.
m) When a resolution is under debate no other resolution shall be moved except the following:-
i) To amend the resolution.
ii) To proceed to the next business.
iii) To adjourn the debate.
iv) That the question be now put.
v)
That a member named be not further heard.
vi) That a member named leave the meeting.
vii) That the resolution be referred to a committee.
viii) To exclude the public and press.
xi) To adjourn the meeting.
29a)
The ruling of the Chairman on a point of order or on the admissibility
of a personal explanation shall not be discussed.
b)
Members shall address the Chairman. If
two or more members wish to speak,
the Chairman shall decide who to call upon.
c)
Whenever the Chairman speaks during a debate all other members
shall be silent.
30
At the end of any speech a member
may, without comment, move “that the question be now put”, “that the debate
be now adjourned” or “that the Council do now adjourn”. If such motion
is seconded, the Chairman shall put the motion but, in the case of a motion
“that the question be now put”, only if he is of the opinion that the
question before the Council has been sufficiently debated. If the motion
“that the question be now put” is carried, he shall call upon the mover
to exercise or waive his right of reply and shall put the question immediately
after that right has been exercised or waived. The adjournment of a debate
or of the Council shall not prejudice the mover’s right of reply at the
resumption.
Disorderly Conduct
31a) All members must observe the Code of Conduct
which was adopted by the Council on 27 March 2002, a copy of which is
annexed to these Standing Orders.
b)
No member shall at a meeting persistently disregard the ruling
of the Chairman, wilfully obstruct business, or behave irregularly, offensively,
improperly or in such a manner as to bring the Council into
disrepute.
c)
If, in the opinion of the Chairman, a member has broken the provisions
of paragraph (b) of this Order, the Chairman shall express that opinion
to the Council and thereafter any member may move that the member named
be no longer heard or that the member named do leave the meeting, and
the motion, if seconded, shall be put forthwith and without discussion.
If a member reasonably believes another member
is in breach of the code of conduct, that member is under a duty to report
the breach to the Standards Board (
d) If either of the motions mentioned in paragraph c is disobeyed, the Chairman may adjourn the meeting or take such further steps as may reasonably be necessary to enforce them.
33
A member may, with the consent of his seconder, move amendments
to his own resolution.
34a)
A decision (whether
affirmative or negative) of the Council shall not be reversed within six
months except either by a special resolution, the written notice whereof
bears the names of at least 4 members of the Council, or by a resolution
moved in pursuance of the report or recommendation of a committee.
b)
When a special resolution or any other resolution moved under the
provisions of paragraph (a) of this Order has been disposed of, no similar
resolution may be moved within a further six months.
35
Where more than two persons have been nominated for any position
to be filled by the Council and of the votes given there is not an absolute
majority in favour of one person, the name of the person having the least
number of votes shall be struck off the list and a fresh vote taken, and
so on until a majority of votes is given in favour of one person.
Discussions
and Resolutions affecting Employees of the Council
36
If at a meeting there arises any question relating to the appointment,
conduct, promotion, dismissal, salary or conditions of service, of any
person employed by the Council, it shall not be considered until the Council
or committee (as the case may be) has decided whether or not the press
and public shall be excluded. (See
Standing Order No. 68.)
37 Any resolution (which
is moved otherwise than in pursuance of a recommendation of the Resources
Committee or of another committee after recommendation by the Resources
Committee) and which, if carried, would, in the opinion of the Chairman,
substantially increase the expenditure upon any service which is under
the management of the Council or reduce the revenue at the disposal of
any committee, or which would involve capital expenditure, shall, when
proposed and seconded, stand adjourned without discussion to the next
ordinary meeting of the Council, and any committee affected by it shall
consider whether it desires to report thereon (and the Resources Committee
shall report on the financial aspect of the matters).
38 Orders for the payment
of money shall be authorised by resolution of the Council and signed by
two members. This function is a delegated
responsibility of the Resources Committee in accordance with Standing
Financial Regulations.
Sealing of Documents
39a)
A document shall not be sealed on behalf of the Council unless
its sealing has been authorised by a resolution.
b) Any two members of the Council named in a resolution moved under the provisions of paragraph (a) of this Order may seal, on behalf of the Council, any document required by law to be issued under seal.
40 The Council may at its Annual Meeting appoint standing committees and may at any other time appoint such other committees as are necessary, but subject to any statutory provision in that behalf:-
a) Shall not appoint any member of a committee so as to hold office later than the next Annual Meeting.
b) May appoint persons other than members of the Council to any Committee. These persons shall not have the right to vote or move or second a motion; and
c)
may subject to the provisions
of Standing Order 34 above at any time dissolve or alter the membership
of committee.
41
The Chairman and Vice-Chairman,
ex-officio, shall be voting members of every committee.
42
Every committee shall at its
first meeting before proceeding to any other business, elect a Chairman
and may elect a Vice-Chairman who shall hold office until the next Annual
Meeting of the council, and shall settle its programme of meetings for
the year.
43)
The Clerk shall make a schedule of meetings of the Standing Committees
and publish them at least 3 months ahead and arrange for clerking of the
meetings.
44a)
The Chairman of a Committee or the Chairman of the Council may
summon an additional meeting of the Committee at any time.
b)
An additional meeting shall also be summoned on the requisition
in writing of not less that four members of the Committee setting out
the business to be discussed.
c)
The summons to a meeting or a special meeting of the Committee
will, in the agenda, set out the business to be discussed.
Any matter raised not on the agenda will be for report only and
no decisions can be made on such reports.
d)
Working groups will make their own arrangements for summoning,
setting agenda and clerking their meetings.
45
Every committee may appoint sub-committees for purposes to be specified
by the committee.
46
The Chairman and Vice-Chairman
of the committee shall be members of every sub-committee appointed by
it unless they signify that they do not wish to serve.
47
Except where ordered by the Council in the case of a committee,
or by the Council or by the appropriate committee in the case of a sub-committee,
the quorum of a committee or sub-committee shall be one-third or 3 of
its members, whichever is greater. If
a member fails to attend 3 consecutive meetings of a Committee without
good cause, a vote may be taken on whether he should remain a member of
that Committee.
48
The Standing Orders on rules
of debate (except those parts relating to standing and to speaking more
than once) and the Standing Order on interests of members in contracts
and other matters shall apply to committee and sub-committee meetings.
Advisory Committees and Working Groups
49a)
The Council may create advisory committees, whose name, and number of
members and the bodies to be invited to nominate members shall be specified.
b)
The Clerk shall inform the members of each advisory committee
of the terms of reference of the committee.
c)
An advisory committee may make recommendations and give notice
thereof to the Council
d) An advisory committee may consist wholly of persons who are not members of the Council.
50
Members of committees and sub-committees
entitled to vote, shall vote by show of hands, or, if at least two members
so request, by signed ballot.
51
Chairmen of committees and sub-committees
shall in the case of an equality of votes have a second or casting vote.
Presence of Non-Members of Committees at Committee Meetings
52 Any Council member shall, unless the Council otherwise orders,
be entitled to be present as a spectator at the meetings of any committee
or sub-committee of which he is not a member.
A member who has proposed a resolution, which has been referred
to any committee of which he is not a member, may explain his resolution
to the committee but shall not vote.
Accounts and Financial Statement
53
See Standing Financial Regulations
Interests
54 If a member has a personal interest as defined
by the Code of Conduct adopted by the Council on 27 March 2002, then he shall declare such interest as soon
as it becomes apparent, disclosing the existence and nature of that interest
as required.
55
If a member who has declared a personal interest
then considers the interest to be prejudicial, he must withdraw from the
room or chamber during consideration of the item to which the interest
relates.
56 The Clerk may be required to compile and hold a register of member’s interests
in accordance with agreement reached with the Monitoring Officer of the
Responsible Authority and/or as required by statute.
57
If a candidate for any appointment
under the Council is to his knowledge related to any member of or the
holder of any office under the Council, he and the person to whom he is
related shall disclose the relationship in writing to the Clerk.
A candidate who fails so to do shall be disqualified for such appointment,
and, if appointed, may be dismissed without notice.
The Clerk shall report to the Council or to the appropriate committee
any such disclosure. Where a relationship to a member is disclosed,
Standing Orders 55 and 56 shall apply as appropriate.
58 The Clerk shall make known the purpose of Standing Order 57 to every candidate.
Canvassing
of and Recommendations by Members
59a)
Canvassing of members of the Council or of any committee, directly
or indirectly, for any appointment under the Council shall disqualify
the candidate for such appointment. The
Clerk shall make known the purport of this sub-paragraph of this Standing
Order to every candidate.
b)
A member of the Council or of any committee shall not solicit
for any person any appointment under the Council or recommend any person
for such appointment or for promotion; but, nevertheless, any such member
may give a written testimonial of a candidate’s ability, experience or
character for submission to the Council with an application for appointment.
60
Standing Order Nos. 57 &
59 shall apply to tenders as if the person making the tender were a candidate
for an appointment.
61
A member may for the purpose of his duty as such (but not otherwise),
inspect any document in possession of the Council or a committee, and
if copies are available shall, on request, be supplied for the like purpose
with a copy.
62
All minutes kept by the Council and by any
committee shall be open for the inspection of any member of the Council
or the general public.
63a The Council must always act as a corporate body. Members, including the Chairman of Council, have no individual authority
63b No member of the Council or of any committee or sub-committee shall in the name of or on behalf of the Council:-
i) Inspect any lands or premises which the Council has a right or duty to inspect; or
ii) Issue orders, instructions or directions.
unless authorised to do so by the Council or the relevant committee or sub-committee.
63c On occasions where members are authorised to represent the Council they must express only the agreed view of the Council and must as soon as reasonably practicable report back any matters raised to the Clerk and the Council where appropriate
63d Where members engage in informal conversation with an individual or group they must take care to differentiate clearly between views which are the agreed policy of the Council and those which are their own personal views.
64 The public and press shall be admitted to all meetings of the Council and its committees and sub-committees, which may, however, temporarily exclude the public and press by means of the following resolutions: -
“That
in view of the [special] [confidential] nature of the business about to
be transacted, it is advisable in the public interest that the press and
public be temporarily excluded and they are instructed to withdraw”
65
The Council shall state the special
reason for exclusion.
66
At all meetings of the Council
the Chairman may at his discretion and at a convenient time in the transaction
of business, adjourn the meeting so as to allow any members of the public
to address the meeting in relation to the business to be transacted at
that meeting.
67
The Clerk shall afford to the
press reasonable facilities for the taking of their report of any proceedings
at which they are entitled to be present. There shall be no audio or video recording or
photographs of the meeting without the express prior approval of the Council.
68
If a member of the public interrupts
the proceedings at any meeting, the Chairman may, after warning, order
that he be removed from the meeting and may adjourn the meeting for such
period as is necessary to restore order.
69a) No member of the Council or of any committee
or sub-committee shall disclose to any person not a member of the Council
any business declared to be confidential by the Council, the committee
or the sub-committee as the case may be.
b) Any member in breach of the provisions of paragraph (a) of this Standing Order shall be removed from any committee or sub-committee of the Council by the Council.
Liaison
with County and District Councillors
70
A summons and Agenda for each meeting shall be sent, together with
an invitation to attend, to the County, Borough, Unitary or District Councillors
for the appropriate division or ward.
71
Unless the Council otherwise
orders, a copy of each letter ordered to be sent to the County or District
Council shall be transmitted to the County Councillor for the division
or to the District Councillor for the ward as the case may require.
72 The Clerk shall, as soon as it is received, enter in a book kept for the purpose the following particulars of every planning application notified to the Council: -
i) the date on which it was received
ii) the name of the applicant
iii) the place to which it relates;
73
The Clerk shall refer every planning application received to the
Planning Committee for consideration.
74
See Standing Financial Regulations
75
The Council shall deal with complaints of maladministration allegedly
committed by the Council or by any officer or member in such manner as
adopted by the Council except for those complaints which should be properly
directed to the Standards Board (
Variation, Revocation and Suspension of Standing Orders
76
Any or every part of the Standing Orders except those printed in
bold type may be suspended by resolution
in relation to any specific item of business.
77
A resolution permanently to add, vary or revoke a Standing Order
shall when proposed and seconded, stand adjourned without discussion to
the next ordinary meeting of the Council.
78
A copy of the attendance record of each member at Council and Committee
meetings shall be published annually.
Standing Orders to be Given to Members
79
A copy of these Standing Orders shall be given to each member by
the Clerk upon delivery to him of the member’s declaration of acceptance
of office and written undertaking to observe the Code of Conduct adopted
by the Council.