Standing
Orders
1.
Meetings
a) Meetings
of the Council shall be held in each year on such dates and times and
at such place as the Council may direct.
b) Smoking is not permitted at any meeting of the Council.
2. The Statutory Annual Meeting
a) In an
election year 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 shall be held on such day
in May as the Council may direct.
3. (England Only) In addition to the Statutory Annual 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.
4. Chairman
of the Meeting
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. Proper Officer
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:-
a) To receive declarations of acceptance of office.
b) To receive and record notices disclosing personal and prejudicial
interests.
c) To receive and retain plans and documents.
d) To sign notices or other documents on behalf of the Council.
e) To receive copies of bylaws made by a District Council.
f) To certify copies of bylaws made by the Council.
g) To sign summons to attend meetings of the Council.
h) To keep proper records for all Council meetings.
6. Quorum of the Council
Three
members or one-third of the total membership, whichever is the
greater, shall constitute a quorum.
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 prejudicial
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.
8. For a quorum relating to a committee or sub-committee, please refer
to
standing order 47.
9. Voting
Members shall vote by show of hands or, if at least two members so request,
by signed ballot.
10. 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 may be made before or after the vote but
in any event before moving on to the next business.
11. (1) Subject to (2) and (3) 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.
(2) 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.
(3) The person presiding must give a casting vote whenever there is
an equality of votes in an election for Chairman.
12. Order of Business
At each
Annual Meeting the first business shall be:-
a) To elect a Chairman of the Council
b) To receive the Chairman's declaration of acceptance of office
or, if not then received, to decide when it shall be received.
c) In the ordinary year of election of the Council to fill any vacancies
left unfilled at the election by reason of insufficient nominations.
d) To decide when any declarations of acceptance of office and written
undertakings to comply with the Code of Conduct adopted by the Council
which have not been received as provided by law shall be received.
e) To elect a Vice-Chairman of the Council.
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
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13. At every meeting other than the Annual 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) as are required by law to be made, or if not then, received to
decide when they shall be received.
14. 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 37 must be read in
conjunction with their requirement.
15. 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.
c) To deal with business expressly required by statute to be done.
d) To dispose of business, if any, remaining from the last meeting.
e) To receive such communications as the person presiding may wish to
lay before the Council.
f) To answer questions from Councillors.
g) To receive and consider reports and minutes of committees.
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 orders for payment.
16. Urgent Business
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.
17. Resolutions Moved On Notice
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 8 clear days before the next meeting
of the Council.
18. 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.
19. 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.
20. 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.
21. 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.
22. Every resolution or recommendation shall be relevant to some subject
over which the Council has power or duties which affects its area.
23. Resolutions Moved Without Notice
Resolutions
dealing with the following matters may be moved without notice:-
a) To appoint a Chairman of the meeting.
b) To correct the Minutes.
c) To approve the Minutes.
d) To alter the order of business.
e) To proceed to the next business.
f) To close or adjourn the debate.
g) To refer a matter to a committee.
h) To appoint a committee or any members thereof.
i) To adopt a report.
j) To authorise the sealing of documents.
k) To amend a motion.
l) To give leave to withdraw a resolution or amendment.
m) To extend the time limit for speeches.
n) To exclude the public. (see Order 67 below)
o) To silence or eject from the meeting a member named for misconduct.
(see order 32 below)
p) To give the consent of the Council where such consent is required
by
these Standing Orders.
q) To suspend any Standing Order. (see Order 78 & 79 below)
r) To adjourn the meeting.
24. Questions
A member may ask the Chairman of the Council or the Clerk any question
concerning the business of the Council, provided 8 clear days notice
of the question has been given to the person to whom it is addressed.
25. No questions not connected with business under discussion shall
be
asked except during the part of the meeting set aside for questions.
26. Every question shall be put and answered without discussion.
27. A person to whom a question has been put may decline to answer.
28. Rules of Debate
No discussion shall take place upon the Minutes except upon their accuracy.
Corrections to the Minutes shall be made by resolution and must be initialled
by the Chairman.
a) 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 2 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 2 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.
k) A member may make a point of order or a personal explanation, which
shall be heard forthwith. A personal explanation shall be confirmed
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 do leave the meeting.
vii. That the resolution be referred to a committee.
viii. To exclude the public and press.
ix. To adjourn the meeting.
29. a) Members of County and District Councils for wards which include
the
civil parish of Spixworth shall have right of audience at Parish Council
meetings, but may not vote on any issue.
b) Sub-paragraph
a. above shall not restrict the right to vote of any
County or District Councillor who is a full (co-opted or elected) member
of Spixworth Parish Council.
30. a) 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 indicate a wish to speak, the Chairman shall
call upon them to speak in turn.
31. Closure
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.
32. Disorderly Conduct
a) All members must behave in a manner required by the Code of Conduct
which was adopted by the council on 8 May 2007 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 scandalise the Council or bring
it into contempt or ridicule.
c) If, in the opinion of the Chairman, a member has broken the provisions
of paragraph (a) or (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.
d) d) If either of the motions mentioned in paragraph (c) is disobeyed,
the Chairman may suspend the meeting or take such further steps as may
reasonably be necessary to enforce them.
33. Right of Reply
The mover of a resolution shall have a right to reply immediately before
the resolution is put to the vote. If an amendment is proposed the mover
of the amendment shall be entitled to reply immediately before the amendment
is put to the vote. A member exercising a right of reply shall not introduce
a new matter. After the right of reply has been exercised or waived,
a vote shall be taken without further discussion.
34. Alteration of Resolution
A member may, with the consent of his seconder, move amendments to his
own resolution.
35. Rescission of Previous Resolution
a) 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.
36. Voting On Appointments
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.
37. Discussions and Resolutions Affecting Employees of the Council
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 public
shall be excluded. (See Standing Order No. 67.)
38. Resolutions on Expenditure
Any resolution (which is moved otherwise than in pursuance of a recommendation
of the Finance Committee or of another committee after recommendation
by the Finance 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 Finance
Committee shall report on the financial aspect of the matters).
39. Expenditure
Orders for the payment of money shall be authorised by resolution of
the Council and signed by two members.
40. Sealing of Documents
a) 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.
41. Committees
and Sub Committees
The Council may at its Annual Meeting appoint standing committees and
may at any other time appoint such other committees as are necessary
clearly defining roles of the committees and any delegated powers, 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;
and
c) May subject to the provisions of Order 35 above at any time dissolve
or alter the membership of committee.
42. The Chairman and Vice-Chairman ex-office shall be members of every
committee.
43. 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.
44. Special Meeting
The Chairman of a committee or the Chairman of the Council may summon
an additional meeting of that committee at any time. An additional meeting
shall also be summoned on the requisition in writing of not less than
a quarter of the members of the committee. The summons shall set out
the business to be considered at the special meeting and no other business
shall be transacted at that meeting.
45. Sub-Committees
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-half of its
members.
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.
49. Advisory Committees
1) The Council may create advisory committees, whose name, and number
of members and the bodies to be invited to nominate members shall be
specified.
2) The Clerk shall inform the members of each advisory committee of
the terms of reference of the committee.
3) An advisory committee may make recommendations and give notice thereof
to the Council
4) An advisory committee may consist wholly of persons who are not members
of the Council.
Voting in Committees
50. Members of committees and sub-committees entitled to vote shall
by
show of hands, or, if at least two members so request, by signed ballot.
51. Chairman of committees and sub-committees shall in the case of an
equality of votes have a second or casting vote.
52. Presence
of Non-Members of Committees at Committee Meetings
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.
53. Accounts and Financial Statement
1) Except as provided in paragraph (2) of this Standing Order or by
statute, all accounts for payment and claims upon the Council shall
be laid before the Council.
2) Where it is necessary to make a payment before it has been authorised
by the Council, such payment shall be certified as to its correctness
and urgency by the appropriate officer. Such payment shall be authorised
by the committee, if any, having charge of the business to which it
relates, or by the proper officer for payment with the approval of the
Chairman or Vice-Chairman of the Council.
3) All payments ratified under sub-paragraph (2) of this Standing Order
shall be separately included in the next schedule of payments before
the Council.
54. The Responsible Financial Officer shall supply to each member at
the
ordinary meeting next after the end of the Financial Year a Financial
statement of receipts and payments for the Council.
55. Estimates / Precepts
1) The council shall approve written estimates for the coming financial
year at its meeting in the month of January.
2) Any committee desiring to incur expenditure shall give the Clerk
a written estimate of the expenditure recommended for the coming year
no later than November.
56. Interests (ENGLAND)
If a member has a personal interest as defined by the Code of Conduct
adopted by the Council on 8 May 2007 then he shall declare such interest
as soon as it becomes apparent, disclosing the nature and extent of
that interest as required.
57. If a member who has declared a personal interest then considers
the interest to be prejudicial, he must withdraw from the meeting during
consideration of the item to which the interest relates.
58. Interests (WALES)
Not applicable
59. The Clerk shall hold a copy of the Register of Member's Interests
in accordance with instructions received from the Monitoring Officer
of the Responsible Authority and/or as required by statute.
60. 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 relationship to a member is disclosed this
Standing Order shall apply.
61. The Clerk shall make known the purport of this Standing Order to
every
candidate.
62. Canvassing Of and Recommendations by Members
1) 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.
2) 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.
63. Standing Order Nos. 60 & 62 shall apply to tenders as if the
person
making the tender were a candidate for an appointment.
64. Inspection of Documents
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.
65. All minutes kept by the Council and by any committee shall be open
for the inspection of any member of the Council.
66. Unauthorised Activities
No member of the Council or of any committee or sub-committee shall
in the name of or on behalf of the Council:-
a) Inspect any lands or premises which the Council has a right or duty
to inspect; or
b) Issue orders, instructions or directions unless authorised to do
so by the Council or the relevant committee or sub-committee.
67. Admission of The Public and Press to Meetings
The public shall be admitted to all meetings of the Council and its
committees and sub-committees, which may, however, temporarily exclude
the public by means of the following resolutions:-
"The Chairman to move that the press and public be excluded from
the
remainder of the meeting by virtue of Section 1, Public Bodies
(Admission to Meetings) Act 1960 on the grounds that their continued
presence would be prejudicial to the public interest by reason of the
confidential nature of the matters to be discussed."
68. The Council shall state the special reason for exclusion.
69. At all meetings of the Council the Chairman may at their discretion
and at a convenient time in the transaction of business, adjourn the
meeting so as to allow any members of the public and those councillors
with a prejudicial interest in items on the agenda to address the meeting
in relation to the business to be transacted at that meeting.
70. The Clerk shall afford to the press reasonable facilities for taking
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 approval of the Council.
71. If a member of the public interrupts the proceedings at any meeting,
the Chairman or any councillor may, after warning, move a resolution
that the person be required to withdraw from the meeting.
72. Confidential
Business
1) 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.
2) Any member in breach of the provisions of paragraph (1) of this Standing
Order shall be removed from any committee or sub-committee of the Council
y the Council.
73. Liaison with County and District Councillors
A notice of meeting shall be sent together with an invitation to attend
to the County, Borough, Unitary or District Councillor for the appropriate
ward.
74. Unless
the Council otherwise orders, a copy of each letter ordered to be sent
to the County Council or Planning Authority shall be transmitted to
the County Councillor for the division or to the Planning Authority
Councillor for the ward as the case may require.
75. Planning Applications
1) 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:-
(a) the date on which it was received ;
(b) the name of the applicant;
(c) the place to which it relates;
(d) The Clerk shall refer every planning application received in the
first
instance to the Planning Committee 1 week before the next scheduled
meeting of that Committee.
77. Code of Conduct on Complaints
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 for consideration.
78. Variation, Revocation and Suspension of Standing Orders
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.
79. 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.
80. Standing Orders to be Given to Members
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 comply with the Code of Conduct
adopted by the Council.
Amendments:
Standing Order 67 - 4 January 2005
Standing Order 71 - 4 January 2005
Standing Order 69 - 7 August 2007
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