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 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.
3.
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.
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 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 another local authority.
f) To certify
copies of bylaws made by the Council.
g) To
sign and issue the 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 at meetings of the Council.
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.
8. For a quorum relating to a committee or sub-committee,
please refer to standing order 48. 9.
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 must be made 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 Parish Council 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 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 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 15
13. 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.
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 38 must be read in conjunction with this 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 7 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.
I) To give
leave to withdraw a resolution or amendment.
m)
To extend the time limit for speeches.
n) To
exclude the press and public. {see Order 68 below)
0)
To silence or eject from the meeting a member named for misconduct.
(see order 33 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 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 2 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.
29. 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 15 minutes and no other speech shall exceed 15 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 to 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 5 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.
I) 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.
30. A member shall remain seated when speaking unless
requested to stand by the Chairman.
31. 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 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.
32. 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.
33. Disorderly
Conduct
a) All members must observe the Code
of Conduct which was adopted by the council on 13th May2002
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 acted in a manner
contrary to that required, 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 (England) or the Local
Commissioner (Wales).
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.
34. 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.
35. Alteration of Resolution
A member may,
with the consent of his seconder, move amendments to his own resolution.
36. 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 ( ) 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.
37. 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.
38.
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 press and public shall be excluded.
(See Standing Order No.68.)
39. 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]. (The words in
square brackets must be omitted if there is no Finance Committee).
40. Expenditure
Orders for
the payment of money shall be authorised by resolution of the
Council and signed by two members.
41. 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) [The Council's Common seal
shall alone be used for sealing documents. It shall be applied
by the proper officer in the presence of two members who shall
sign the document as witnesses.]
[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.]
(A council with a seal must delete the second option.
A council without must delete the first.)
42.
Committees and Sub Committees
The Council may
at its Annual Parish Council 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 the provisions
of Order 36 above at any time dissolve or alter the membership
of committee.
43. The Chairman and Vice-Chairman
ex-officio shall be voting members of every committee.
44. 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.
45. 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.
46. Sub-Committees
Every committee
may appoint sub-committees for purposes to be specified by the
committee.
47. 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.
48. 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.
49.
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.
50.
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.
51. 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.
52. Chairmen of committees
and sub-committees shall in the case of an equality of votes have
a second or casting vote.
53. 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.
54. 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 Responsible Financial Officer
or the clerk if different. 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.
55. The Responsible Financial
Officer shall supply to each member as soon as practicable after
31 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 (receipts and payments,
or income and expenditure) for a year to 31 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.
56.
Estimates / Precepts
1) The council shall approve
written estimates for the coming financial year at its meeting
before the end of the month of October.
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 October.
57. Interests
If a member has a personal interest as defined
by the Code of Conduct adopted by the Council on 13th May 2002
then he shall declare such interest as soon as it becomes apparent,
disclosing the existence and nature of that interest as required.
58. 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.
60. The
Clerk may be required to compile and hold a Register of Member's
Interests, or a copy thereof, in accordance with agreement reached
with the Monitoring Officer of the Responsible Authority and/or
as required by statute.
61. 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.
62. The Clerk shall make known the purpose of this
Standing Order to every candidate.
63. 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 purpose 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.
64.
Standing Order Nos. 61 & 63 shall apply to tenders as if the
person making the tender were a candidate for an appointment.
65. 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.
66. All minutes kept
by the Council and by any committee shall be open for the inspection
of any member of the Council.
67. 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.
68. Admission of The Public and Press to Meetings
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"
69. The Council
committee or sub-committee shall state the special reason for
exclusion.
70. 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 to address the meeting in relation to
the business to be transacted at that meeting.
71.
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.
72. 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.
73. 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 by the Council.
74. Liaison with
County and District Councillors
A Summons and
Agenda for each meeting shall be sent, together with an invitation
to attend, to the County, Borough, Unitary or District Councillor
for the appropriate division or ward.
75. 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.
76. 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 notify the receipt of every planning application
to the Chairman / Chairman of the Planning Committee or in the
Chairman's absence to the Vice-Chairman within 48 hours of receipt.
77. Financial Matters
The
Council shall consider and approve Financial Regulations drawn
up by the Responsible Financial Officer.
1)
Such Regulations shall include detailed arrangements for the following:
a) the accounting records and systems of internal
control;
b) the assessment and management of
risks faced by the Council;
c) the work of the
Internal Auditor and the receipt of regular reports from the Internal
Auditor which shall be required at least annually;
d)
the financial reporting requirements of members and local electors
and
e) procurement policies (subject to (2)
below) including the setting of values for different procedures
where the contract has an estimated value less than £50,000.
2) Any proposed contract for the supply of goods,
materials, services and the execution of works with an estimated
value in excess of [£50,000] shall be procured on the basis
of a formal tender as summarised in (3) below
3)
Any formal tender process shall comprise the following steps:
a) a public notice of intention to place a contract
to be placed in a local newspaper;
b) a specification
of the goods, materials, services and the execution of works shall
be drawn up; c) tenders are to be sent, in a sealed marked envelope,
to the Clerk by a stated date and time;
d) tenders
submitted are to be opened, after the stated closing date and
time, by the Clerk and at least one member of Council;
e) tenders are then to be assessed and reported to
the appropriate meeting of Council or Committee.
4)
The Council or a committee, is not bound to accept the lowest
tender, estimate or quote. Any tender notice shall contain a reference
to the Standing orders 60 & 62 regarding improper activity.
5) The Financial Regulations of the Council
shall be subject to regular review, at least once every four years.
{Council is reminded that the European Union
Public Sector Procurement Rules are likely to apply to contracts
with a value in excess of £140,000 and advice should be
sought at this level}
(Note: Some Standing Order
must be made for contracts for the supply of goods or the execution
of works)
78. 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 (England)
or Commission (Wales) for consideration.
79.
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.
80. 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.
81. 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 observe the Code of Conduct adopted
by the Council
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