Standing orders

1

a

Meetings of the Council shall be held at 7.00 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.

1

The statutory annual meeting shall be held:

1

in an election year, on the Tuesday next following the fourth day after the ordinary day of elections to the Council, and

2

in a year which is not an election year on the second Tuesday in May.

3/4

omitted

1

The person presiding at a meeting may exercise all the powers and duties of Chairman in relation to the conduct of the Meeting.

2

Where a statue, regulation or order confers functions on the proper officer of the Council, he shall be the Clerk:

1

to receive declarations of acceptance of office

2

to receive and record notices disclosing pecuniary interests

3

to receive and retain plans and documents

4

to sign notices or other documents on behalf of the Council

5

to receive copies of Byelaws made by a District Council

6

to certify copies of Byelaws made by the Council

7

to sign summonses to attend meetings of the Council

8

to provide a Minute Book for recording the proceedings of community meetings

1

Three members shall constitute a quorum.

1

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 declared pecuniary 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.

1

Members shall vote by show of hands or, if at least two members so request, by signed ballot.

1

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.

1

1

Subject to (2) and (3) below, the Chairman may give an original vote on any matter put to the vote, and in the case of an equality of votes may give a casting vote even though he gave no original vote

2

If the person presiding at the Annual General 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.

1

At each Annual Meeting, the first business shall be:

1

to elect a Chairman

2

to receive the Chairman's declaration of acceptance of office or, if not then, to decide when it shall be received

3

in the ordinary year of election of the Council, to fill any vacancies left unfilled at the election by reason of insufficient nominations

4

to decide when any declarations of acceptance of office which have not been received a provided by law, shall be received

5

to elect a Vice-Chairman

6

to appoint school governors

7

to appoint committees

8

to consider the payment of any subscriptions falling to be paid annually

9

to inspect any deeds and trust instruments in the custody of the Council

And shall thereafter follow the order set out in SO15.

1

At every meeting other than the Annual Meeting, the first business shall be to appoint a Chairman if the Chairman and Vic-Chairman be absent, and to receive such declaration 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.

1

In every year, not later than the meeting at which the estimates for the next year are to be settled, the Council shall review the pay and conditions of service of existing employees (See SO38 below)

1

After the first business, the order of business (unless the Council decided otherwise on grounds of urgency) shall be as follows:

1

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

2

after consideration, to approve the signature of the Minutes by the person presiding as a correct record

3

to deal with business expressly required by statute to be done

4

to dispose of business, if any, remaining from the previous meeting

5

to receive such communications as the person presiding at the meeting may wish to lay before the Council

6

to answer questions from Councillors

7

to receive and consider reports and minutes of committees

8

to receive and consider reports from officers of the Council

9

to authorise the sealing of documents

10

to authorise the signing of orders for payment

11

to consider resolutions or recommendations in the order which they have been notified

12

any other business specified in the summons.

1

A motion to vary the order of business on the ground of urgency:

1

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

2

shall be put to the vote without discussion

1

Except as provided by these Standing Orders, no resolution shall 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 ?? clear days before the next meeting of the Council.

1

The Clerk shall date every notice of resolution or recommendation when received by him, whall number each notice in the order in which it was received, and shall enter it in a book which shall be open to every member of the Council.

1

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. (SO20 omitted)

1

If the subject-matter of a resolution comes within the province of a committee of the Council, it shall, upon being moved and seonded, stand referred without discussion to that 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.

1

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

1

Resolutions dealing with the following matters may be moved without notice:

1

to appoint a chairman of the meeting

2

to correct the Minutes

3

to approve the Minutes

4

to alter the order of business

5

to proceed to the next business

6

to close or adjourn the debate

7

to refer a matter to a committee

8

to appoint a committee or any members thereof

9

to adopt a report

10

to authorise the sealing of documents

11

to amend a motion

12

to give leave to withdraw a resolution or amendment

13

to extend the time-limit for speeches

14

to exclude the public (see SO66 below)

15

to silence or eject from the meeting a member named for misconduct (see SO33 below)

16

to invite a member having an interest in the subject-matter under debate to remain (see SO57 below)

17

to give the consent of the Council where such consent is required by these Standing Orders

18

to suspend any Standing Order (see SO75 below)

19

to adjourn the meeting.

1

A member may ask the Chairman or Clerk any question concerning the business of the Council, provided notice of the question has been given to the person to whom it is addressed before the meeting begins.

1

No questions not connected with business under discussion except during the part of the meeting set aside for questions.

1

Every question shall be put and answered without discussion.

1

A person to whom a question has been put may decline to answer.

1

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

SO 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;

c

A member, when seconding a resolution or amendment, if he then declare his intention to do so, reserve his speech until a later period of the debate

1

A member shall direct his speech to the question under discussion, or to a personal explanation, or to a point of order;

d

d,e,f omitted

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; SO29(i)

i

j

A member, other than the mover of the 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 a point of order, or in personal explanation, or to move a closure

k

A member may rise to make a point of order of a personal explanation; a member rising for this purpose 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 on it 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 the press

ix

To adjourn the meeting.

30

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

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

c/d omitted

32

At the end of any speech a member may, without comment, move "That the question now be put", or "That the debate now be adjourned" or "That the Council do now adjourn". If such a motion is seconded, the Chairman shall put the motion; but in the case of a motion "To put the question" 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" the Chairman shall call upon the mover to exercise or waive his right of reply and shall be the question immediately thereafter. 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 be issued, except that a notification to members not present of the date of the continuation of the meeting.

33

a

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.

b

If in the opinion of the Chairman a member has broken the provisions of paragraph (a) 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 to leave the meeting, and the motion (if seconded) shall be put forthwith and without discussion.

c

If either of the motions mentioned in Paragraph (b) is disobeyed, the Chairman may suspend the meeting or take such further steps as may reasonably be necessary to enforce them

34

The mover of a resolution shall have a right of 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 rely has been exercised or waived, a vote shall be taken without further discussion.

35

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

36

a

A decision (whether affirmative or negative) of the Council shall not be reversed with six months except either by a special resolution, the written notice whereof bears the names of at least ÉÉ members of the Council or by a resolution moved in pursuance of a report or recommendation of a committee.

b

When any resolution moved under the provisions of this paragraph has been disposed of, no similar resolution may be moved within a further six months

37

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

If at any 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 (SO66).

39

Any resolution which, if carried, would in the opinion of the Chairman substantially increase the expenditure on any service which is the management of, 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.

40

Orders for the payment of money shall be authorised by resolution of the Council and signed by two members.

41

a

A document shall not be sealed on behalf of the Council unless its sealing has been authorised by a resolution

b

omitted  

42

The Council may at its Annual General 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 General Meeting

b

may appoint persons other than members of the Council to any committee; and

c

may, subject to provisions of SO36 above, at any time dissolve, or alter the membership of, a committee

43

The Chairman and Vic-Chairman ex officio shall be 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 Vic-Chairman who shall hold office until the next Annual General Meeting of the Council, and shall settle its programme of meetings for the year

45

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

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

The quorum for a committee or sub-committee shall be three

49

The Standing Orders on rules of debate (except those relating 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 omitted]

51

Members of committees and sub-committees entitled to vote shall vote by a show of hands, or if at least two members so request, by signed ballot

52

Chairman of committees and sub-committees shall in the events of an equality of votes have a second or casting vote

53

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 that committee, but shall not vote

54

a

Except as provided in sub-paragraph (b) below or by statute, all accounts for payment by 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 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 payments with the approval of the Chairman or Vice-Chairman of the Council.

c

All payments made under sub-paragraph (b) above shall be separately included in the next schedule of payments laid before the Council

55

The Clerk shall supply to each member, at the ordinary meeting next after the end of Financial Year, a statement of receipts and payments

56

a

The Council shall approve written estimates for the coming financial year at its meeting in the month of December

b

Any committee desiring to incur expenditure shall, not later than 1 October give to the Clerk a written estimate of the expenditure recommended for the coming year

57

If any member has any pecuniary interest, direct or indirect, within the meaning of sections 94-95 of the Local Government Act 1972. in any contract, proposed contract or other matter, he shall, while it is under consideration by the Council, withdraw from the meeting unless the interest is trivial (within S 97(5) of the said Act), or :-

a

The disability imposed upon him by those sections has been removed by the District Council

b

The Council invite him to remain

c

The contract, proposed contract or other matter, is under consideration as part of the report of a committee and is not itself the subject of debate

58

The Clerk shall record in a book to be kept for the purpose particulars of any notice given by any member or any officer of the Council or a pecuniary interest in a contract, and the book shall be open during reasonable hours of the day for the inspection of any member

59

If any member has a non-pecuniary interest within the ambit of the National Code of Local Government Conduct, he shall declare it and thereupon be invited to withdraw from the meeting

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 to do so shall be disqualified from such appointment and, if appointed, may be dismissed without notice; where relationship to a member is disclosed, SO59 shall apply. The Clerk shall make known the purport of this Standing Order to every candidate.

61

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 purport of this sub-paragraph 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 candidateÕs ability, experience or character for submission to the Council with an application for an appointment

62

Standing Orders 60 & 61 shall apply to tenders as if the person making the tender were a candidate for an appointment

63

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 upon request be supplied for the like purpose with a copy

64

All Minutes kept by the Council and by any committee shall be open for the inspection of any member of the Council

65

No member of the Council or 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 Ð unless authorised to do so by the Council or the relevant committee or sub-committee

66

The public shall be admitted to all meeting of the Council and its committees and sub-committees which may however temporarily exclude the public by means of the following resolution – "That in view of the [special] [confidential[ [reasons to be stated] nature of the business about to be transacted, it is advisable in the public interest that the public be temporarily excluded, and they are instructed to withdraw"

67

The Clerk shall afford to the Press reasonable facilities for taking their report of any proceedings at which they are entitled to be present

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 Council Chamber.

69

a

No member of the Council or any committee or sub-committee shall disclose to a person not a member of the Council any business declared to be confidential by the Council, committee or sub-committee

b

Any member in breach of this Standing Order shall be removed by the Council from the any Council committee or sub-committee

70

A notice of meeting shall be sent, together with an invitation to attend, to each District Councillor for wards within the community area. (SO71 omitted)

72

a

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

date received

ii

name of Applicant

iii

the place to which it relates

iv

a summary of the nature of the Application

b

The Clerk shall refer every Planning Application to Chairman of the Planning Committee within 48 hours of receiving it.

74

The Council shall deal with complaints of maladministration allegedly committed by the Council or any officer or member in the manner recommended in Circular 2/86 of the National Association of Local Councils.

75

Any or every part of the Standing Orders except for those printed in bold type may be suspended by resolution in relation to any specific item of business.

76

A resolution permanently to add, vary, or revoke a Standing Order shall, when proposed and seconded, stand adjourned without discussion to next ordinary meeting of the Council.

77

A copy of these Standing Orders shall be given to each member by the Clerk upon delivery to him of the memberÕs declaration of acceptance of office