MEETINGS
1. 1.1. Meetings of the Council shall be held at
1.2 Smoking is not permitted at any meeting of the Council
1.3 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 a Monday in May.
1.4 The three other statutory meetings shall
be held on a Monday in the months of July, November and January.
1.5 Additional meetings shall be held on a
Monday as determined by the Council at its Annual Meeting.
2. The person presiding at a meeting may exercise all the powers and duties of the Chairman in relation to the conduct of the Meeting.
3 Where a statute, regulation or order confers functions or duties on the proper
Officer of the Council in the following cases, s/he shall be the clerk or nominated officer:
(a) To receive declarations of acceptance of office.
(b) To receive and record notices disclosing pecuniary 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 byelaws made by a District Council.
(f) To certify copies of byelaws made by the Council.
(g) To sign summonses to attend meeting of the Council.
(h) To keep proper records for all Council meetings.
4 4.1 Six members shall constitute a quorum
4.2 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 pecuniary interest falls below the quorum, the
business not transacted at that meeting shall be transacted at the next meeting or on such other days as the Chairman may fix.
4.3 For a quorum relating to a committee or sub-committee, please refer to standing order 18.7.
VOTING
5 5.1 Members shall vote by show of hands
5.2 If
a member so requires, the Clerk shall record the names of any 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.
5.3 (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 note even though he gave no
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
6
6.1 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
(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 instruments in the custody of the Council:
And shall thereafter follow the order set out in Standing Order 6.4.
6.2
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.
6.3 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 (See Standing Order 16, below)
6.4 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 the minutes, if not previously circulated, and consider their accuracy.
(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 receive and consider reports and minutes of committees
(g) To receive and consider resolutions or recommendations in the order in which they have been notified.
(h) If necessary, to authorise the signing of orders for payment.
(i) Any other business specified in the summons.
6.5 A motion to vary the order of business on the ground of urgency
may be proposed by the Chairman or by any members and, if proposed by the Chairman, may be put to the vote without being seconded, and
shall be put to the vote without discussion.
7 7.1 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 last ten clear days before the next meeting of the Council.
7.2 The Clerk shall date every notice of resolution or recommendation when received by him/her, 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.
7.3 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.
7.4 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.
7.5 Every resolution or recommendation shall be relevant to some subject over which the Council has power or which affects its area.
8. Resolutions dealing with the following matter may be moved without notice:-
(a) to appoint a Chairman of the meeting
(b) to correct the Minutes where necessary, which shall be initialled by the Chairman
(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 amend a motion.
(k) to give leave to withdraw a resolution or an amendment
(l) to exclude the public (see Order 27.1 below)
(m) to silence or eject from the meeting a member named for misconduct (see Order 11 below)
(n) to invite a member having an interest in the subject matter under debate to remain
(o) to give the consent of the Council where such consent it required by these Standing Orders
(p) to suspend any Standing Order
(q) to adjourn the meeting
9. 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.
9.1. (a) A resolution or amendment shall not be discussed unless it has
been proposed and seconded.
(b) A member when seconding a resolution or amendment may if he 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) An amendment shall be either:-
(1) to leave out words
(2) to leave out words and insert or add others
(3) to insert or add words
(e) An amendment shall not have the effect of negating the resolution before the Council.
(f) If an amendment is 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.
(g) A further amendment shall not be moved until the Council has disposed of every amendment previously moved
(h) The mover of a resolution or of an amendment shall have a right of reply
(i) 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
(j) A member may make a point of order or a personal explanation and 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
(k) 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
(l) When a resolution is under debate no other resolution shall be moved except the following:-
(1) to amend the resolution
(2) to proceed to the next business
(3) to adjourn the debate
(4) that the question now be put
(5) that a member named be not further heard
(6) that a member named do leave the meeting
(7) that the resolution be referred to a committee
(8) to exclude the public and press
(9) to adjourn the meeting
9.2 A member shall stand when speaking unless permitted by the Chairman to sit on account of infirmity.
9.3 (a) the ruling of the Chairman on a point or 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 indicate the Chairman shall call upon one of them to speak
(d) Whenever a member is speaking during a debate all other members shall be silent.
(e) Whenever the Chairman rises during a debate all other members shall be seated and silent.
10. 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 ‘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 now be put’ is carried, he shall call upon the mover the 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)
11. All
members must behave in a manner required by the Code of Conduct which was
adopted by the Council on
(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 or 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 do 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.
12. 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.
13. A member may, with the consent of his seconder, move amendments to his own resolution.
RESCISSION OF PREVIOUS RESOLUTION
13a. (i) A decision (whether affirmative or negative) of the Council shall not be rescinded within six months except either by a special resolution, the written notice for which bears the names of at least
five members of the Council.
(ii) When a special resolution or any other
resolution moved under the provisions of paragraph (i) of this Order has been
disposed of, no similar resolution may be moved within a further six months.
14. Where more than two persons have been nominated for any position to be filled by the Council and 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.
15. If at a meeting there arises any question relating to the appointment, conduct, promotion, dismissal, salary or conditions or 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 27.1)
RESOLUTIONS ON EXPENDITURE
16. 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 or reduce the revenue at the disposal of any committee, or which would involved 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.
17. Orders for payment of money shall be authorised by resolution of the Council and signed by two members.
(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; but those persons will not be entitled to vote, and
(c) may at any time dissolve or alter the membership of a committee.
18.2 The Chairman and Vice-Chairman ex-officio shall be members of every committee.
18.3 Every committee shall at its first meeting before proceeding to any
other business, elect a Chairman who shall hold office until the next Annual Meeting of the Council.
18.4 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.
18.5 Every committee may appoint sub-committees for purposes to be specified by the committee.
18.6 The Chairman of the committee shall be a member of every sub-committee appointed by it unless they signify that they do not wish to serve.
18.7 Except where ordered by the Council in the case of a committee, or by the Council or by the appropriate committee in the case of a sub-committee, the quorum of a committee or sub- committee shall be one-third of its members.
18.8 The Standing Orders on rules of debate and the Standing Order on
interests of members in contracts and other matters shall apply to committee and sub-committee meetings.
19. 19.1 Members of committees and sub-committees entitled to vote shall vote by show of hands.
19.2 Chairman of Committees and
sub-committees shall in the case of an equality of votes have a second or
casting vote.
COMMITTEE MEETING
20. 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.
21. 21.1 (a) Except as provided in paragraph (b) of this Standing Order or by statute, all accounts for payments 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 Clerk. Such payment shall be authorised by the committee, having charge of the business to which it relates, or by the Clerk 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.
21.2 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.
22. (a) The Council shall approve written estimates for the coming financial year at its meeting in 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.
23.2 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.
23.3 the Clerk shall hold a copy of the Register of Members’ Interest in accordance with instructions received from the Monitoring Officer of the Responsible Authority and/or as required by
statute.
23.4 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.
23.5 The Clerk shall make known the purpose of
this Standing Order to every candidate.
24. 24.1 (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 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.
24.2 Standing Orders 23.4 and 24.1 shall apply to tenders as if the person making the Tender were a candidate for an appointment.
25. 25.1. 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.
25.2. All
minutes kept by the Council and by any committee shall be open for the
inspection of any member of the Council.
26. No member of the Council or of any committee of sub-committee shall in the name or of on behalf of the Council:
(i) Inspect any lands or premises which the Council has a right or duty to inspect or
(ii) issue orders, instructions or directions unless authorised to do so by the Council or the relevant committee or sub-committee.
“that in view of the (Special)(confidential) 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 with withdraw”
(Notes: The special reasons should be stated. Circular 1/86 issued by
the National Association deals with the situations where it is likely to be
desirable to exclude the public. If a
person’s advice or assistance is needed they may be invited (by name) to remain
after the exclusion resolution is passed)
27.2 The Council shall state the special
reason for exclusion.
27.3 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.
27.4 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.
27.5 If a member of the public interrupts the proceedings at any meeting, the Chairman may, after warning, order that he/she be removed from the Council chamber.
28. (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 the sub-committee as the case may be.
(b) any member in breach of the provisions of paragraph (a) of this Standing Order shall be removed from any committee or sub-committee of the Council by the Council.
LIAISON WITH COUNTY
AND DISTRICT COUNCILLORS
29. 29.1. A notice of meeting shall be sent together
with an invitation to attend to the
29.2 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
PLANNING
APPLICATIONS
30. (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:-
the date on which it was received
the name of the applicant
the place to which it relates
a summary of the nature of the application
The Clerk shall refer every planning application to the Chairman of the Planning Committee prior to the next meeting of the committee.
STANDING ORDER ON
CONTRACTS
31. (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. Where the value of the intended contract exceeds £10,000, similar notice shall be given in addition to all firms included in the appropriate standing approved list of contractors maintained by the District Council, or if no such list is maintained then 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 and three members 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.
(f) A notice issued under this standing order shall contain a statement of the effect of Standing Orders No’s 23.4, 24.1 and 24.2.
(g) all matters relating to such contracts shall be in writing.
CODE OF CONDUCT ON
COMPLAINTS
32. The council shall deal with complaints of
maladministration allegedly committed by the Council or by any officer or
member in the manner as adopted by the Council except for those complaints
which should be properly directed to the Standards Board of consideration.
33.1 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.
33.2 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.
34. A copy of these Standing Orders shall be made available to each member by the Clerk upon delivery to him of the member’s declaration of acceptance of office.