STANDING ORDERS (REVISED JANUARY 2003)

MEETINGS

1 (a) Meetings of the Council shall be held at the Council Offices at 7 o’clock in the evening unless the Council otherwise decides at a previous meeting.

(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 the Monday next following the fourth day after the ordinary day of elections to the Council and (b) in a year which is not an election year shall be held on the third Monday in May.

3 Seven additional meetings shall be held at approximately six week intervals.

CHAIRMAN OF MEETING

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.

PROPER OFFICER

5 Where a statute, regulation or order confers functions or duties on the proper officer of the Council in the following cases, he shall be the clerk:-

(a) To receive declarations of acceptance of office.
(b) To receive and record notices disclosing interests at meetings.
(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 summonses to attend meetings of the Council.
(h) To keep proper records of all Council meetings.

QUORUM OF THE COUNCIL

6 Six members shall constitute a quorum at meetings of the Council.

7 If a quorum is not present when the Council meets or if during a meeting the number of councillors present and not debarred by reason of a declared interest falls below the quorum, the business not transacted at that meeting shall be transacted at the next meeting or on such other day as the Chairman may fix.

VOTING

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 (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.

ORDER OF BUSINESS

(In an election year councillors should execute Declarations of Acceptance of Office in each others presence, or in the presence of a proper officer previously authorised by the Council to take such declaration, before the annual meeting commences.)

11 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 office and written undertakings to observe 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 committees.
(g) To appoint representatives to outside bodies.
(h) To consider the payment of any subscriptions falling to be paid annually.

and shall thereafter follow the order set out in Standing Order 13.

12 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) 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 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 confirm and where necessary adopt (or otherwise) the minutes of
(f) committees.
(g) To receive and consider resolutions or recommendations in the order in which they have been notified.
(h) Any other business specified in the summons.
(i) To receive such communications as the person presiding may wish to lay before the Council.
(j) To authorise the signing of orders for payment.
(k) To receive and consider reports from officers of the Council.

URGENT BUSINESS

14 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.

RESOLUTIONS MOVED ON NOTICE

15 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 ten clear days before the next meeting of the Council.

16 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.

17 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.

18 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.

19 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 or urgency, may allow it to be dealt with at the meeting at which it was moved.

20 Every resolution or recommendation shall be relevant to some subject over which the Council has power or which affects its area.

RESOLUTIONS MOVED WITHOUT NOTICE

21 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 resolution.
(l) To give leave to withdraw a resolution or an amendment.
(m) To extend the time limit for speeches.
(n) To exclude the press and public.
(o) To silence or eject from the meeting a member named for misconduct.
(p) To give the consent of the Council where such consent is required by
these Standing Orders.
(q) To suspend any Standing Order.
(r) To adjourn the meeting.

RULES OF DEBATE

22 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.

23 (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 declare 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 five minutes, and no other speech shall exceed five 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 or add 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 five 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 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 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.

24 A member shall stand when speaking unless permitted by the Chairman to sit on account of infirmity.

25 (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.
(c) If two or more members rise, the Chairman shall call upon one of them to speak and the others shall resume their seats.
(d) Whenever the Chairman speaks during a debate all other members shall be seated and silent.

CLOSURE

26. 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.

(Note: Where a meeting is adjourned the subsequent proceedings are part of the original meeting and no new notices or agendas need to be issued except a notification to members not present of the date of the continuation of the meeting.)

DISORDERLY CONDUCT

27 (a) All members must observe the Code of Conduct which was adopted by the Council on 25th February 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 the motion 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.

RIGHT OF REPLY

28 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 new matter. After the right of reply has been exercised or waived, a vote shall be taken without further discussion.

ALTERATION OF RESOLUTION

29 A member may, with the consent of his seconder, move amendments to his own resolution.

RESCISSION OF PREVIOUS RESOLUTION

30 (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 twelve 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.

VOTING ON APPOINTMENTS

31 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

32 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.

RESOLUTIONS ON EXPENDITURE

33 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 matter.

EXPENDITURE

33 Orders for the payment of money shall be authorised by resolution of the Council.

SEALING OF DOCUMENTS

34 (a) A document shall not be sealed on behalf of the Council unless its sealing has been authorised by a resolution.
(b) The Council’s Common Seal shall alone be used for sealing documents. It shall be applied by the Mayor in the presence of the Clerk who shall sign the document as a witness.

COMMITTEES AND SUB-COMMITTEES

35 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; and
(c) may subject to provisions of Order 30 above at any time dissolve or alter the membership of committees.

36 The Chairman and Vice-Chairman ex officio shall be voting members of every committee.

37 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.

38 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.

39 Every committee may appoint sub-committees for purposes to be specified by the committee.

40 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.

41 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.

42 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.

VOTING IN COMMITTEES

43 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.

44 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

45 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. Non-committee members may speak on any item of particular interest by consent of the Chairman.

ACCOUNTS AND FINANCIAL STATEMENT

46 (a) Except as provided in paragraph (b) of this Standing Order or by statute, all accounts for payment and claims upon the Council shall be laid before the Council.
(b) 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 Responsible Financial 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 payments with the approval of the Chairman or Vice-Chairman of the Council.
(c) All payments ratified under sub-paragraph (b) of this Standing Order shall be separately included in the next schedule of payments laid before the Council.

47 The Clerk shall supply to each member as soon as practicable after the 31st March in each year a statement of the receipts and payments of the Council for the completed financial year. A Financial Statement prepared on the appropriate accounting basis for a year to the 31st March shall be presented to each member before the end of the following month of May. The Statement of Accounts of the Council (which is subject to external audit) shall be presented to Council for formal approval before the end of the following month of September.

ESTIMATES

48 (a) The Council shall approve written estimates for the coming financial year at its meeting before the end of the month of January.
(b) Any committee desiring to incur expenditure shall, not later than November, give to the Clerk a written estimate of the expenditure recommended for the coming year.

INTERESTS

49 If a member has a personal interest as defined by the Code of Conduct adopted by the Council on 25th February 2002 then he shall declare such interest as soon as it becomes apparent, disclosing the existence and nature of that interest as required.

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.

50 The Clerk may be required to compile and hold a Register of Members’ Interests, or a copy thereof in accordance with agreement reached with the Monitoring Officer of the Responsible Authority and/or as required by statute.

51 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.

The Clerk shall make known the purpose of this Standing Order to every candidate.

CANVASSING OF AND RECOMMENDATIONS BY MEMBERS

52 (a) 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 purpose 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.

53 Standing Orders numbers 51 and 52 shall apply to tenders as if the person making the tender were a candidate for an appointment.

INSPECTION OF DOCUMENTS

54 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.

55 All minutes kept by the Council and by any committee shall be open for the inspection of any member of the Council.

UNAUTHORISED ACTIVITIES

56 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;
(b) Issue orders, instructions or directions unless authorised to do so by the Council or the relevant committee or sub-committee.

ADMISSION OF THE PUBLIC AND PRESS TO MEETINGS

57 (a) 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 resolution:

“That in view of the special nature of the business about to be transacted, it is advisable in the public interest that the public and press be temporarily excluded and they are instructed to withdraw”.

(b) The Council, committee or sub-committee shall state the special reason for exclusion.

58 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 approval of the Council.

59 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.

CONFIDENTIAL BUSINESS

60 (a) 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 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

61 A notice of meeting and agenda for each meeting shall be sent, together with an invitation to attend, to the County Councillor for the county division and to the District Councillor or Councillors for the district ward.

62 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, (except where such letters are routine matters of report or complaint).

STANDING ORDER ON CONTRACTS

63 (a) Where it is intended to enter into a contract exceeding £1,000 but not exceeding £10,000 in value for the supply of goods or materials or for the execution of works, the Clerk shall give at least three weeks public notice of such intention in the same manner as public notice of meetings of the Council is given, or by consent of the relevant committee may invite selected tenders from an approved list of contractors.

Where the value of the intended contract exceeds £10,000, similar notice shall be given in addition in such newspapers circulating in the district as the Council shall direct.

(b) Notice of a contract exceeding £10,000 shall state the general nature of the intended contract and state the name and address of the person to whom tenders are to be addressed and the last date by which those tenders should reach that person in the ordinary course of post.

(c) Tenders shall be opened by the Clerk in the presence of a Councillor or other person
to whom tenders are required to be addressed on the date specified pursuant to paragraph (b)
of this Order and shall be reported by the person who opened them to the Council or, where the tenders have been sought by a committee or sub-committee to that committee or sub-committee.

(d) Neither the Council nor any committee, or sub-committee is bound to accept the lowest tender.

(e) If no tenders are received or if all the tenders are identical the Council may make such arrangements for procuring the goods or materials or executing the works as it thinks fit.

CODE OF CONDUCT ON COMPLAINTS

64 The Council shall deal with complaints of maladministration allegedly committed by the
Council or by any officer or member in the manner recommended in Circular 2/86 issued by the National Association of Local Councils except for those complaints which should be properly directed to the Standards Board for consideration.

VARIATION, REVOCATION AND SUSPENSION OF STANDING ORDERS

65 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.

66 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.

STANDING ORDERS TO BE GIVEN TO MEMBERS

67 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.