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 20.7
VOTING
5 5.1 Members shall vote by show of hands, or, if at least two members so request, by signed ballot.
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 note 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 school governors and 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 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.
(k) Any other business specified in the summons.
6.5 A motion to vary the order of business on the ground of urgency
(a) 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
(b) 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 seven 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 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.
7.4 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.
7.5 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.
7.6 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 authorise the sealing of documents
(k) to amend a motion.
(l) to give leave to withdraw a resolution or an amendment
(m) to extend the time limit for speeches
(n) to exclude the public (see Order 30.1 below)
(o) to silence or eject from the meeting a member named for misconduct (see Order 12 below)
(p) to invite a member having an interest in the subject matter under debate to remain
(q) to give the consent of the Council where such consent it required by these Standing Orders
(r) to suspend any Standing Order
(s) to adjourn the meeting
9 (a) A member may ask the Chairman or the Clerk any question concerning
the business of the Council, provided three clear days notice has been given to the person to whom it is addressed.
(b) No questions not connected with business under the discussion shall be asked except during the part of the meeting set aside for questions.
(c) Every question shall be put and answered without discussion.
(d) A person to whom a question has been put may decline to answer.
10 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.
10.1. (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 when 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) 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 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.
(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
10.2 A member shall stand when speaking unless permitted by the Chairman to sit on account of infirmity.
10.3 (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.
11. 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’ I 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)
12. All members must behave in a manner required by the Code of Conduct which
was adopted by the Council on
these Standing Orders.
(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.
13. The mover of a resolution shall be 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.
14. A member may, with the consent of his seconder, move amendments to his
own resolution.
RESCISSION OF PREVIOUS RESOLUTION
14a. (i) A decision (whether affirmative or negative) of the Council shall not be revered within six months except either by a special resolution, the written notice whereof bears the names of at least two members of the Council, or by a resolution moved in pursuance of the report or recommendation of a committee.
(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.
15. 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.
16. 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 30)
RESOLUTIONS ON EXPENDITURE
17. 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.
18. Orders for payment of money shall be authorised by resolution of the Council
and signed by two members.
19. (a) A document shall not be sealed on behalf of the Council unless its
sealing has been authorised by a resolution.
(b) Any two members of the Council named in a resolution moved under the provisions of paragraph (a) of this Order may seal on behalf of the Council, any document required by law to be issued under seal.
(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 at any time dissolve or alter the membership of a committee.
20.2 The Chairman and Vice-Chairman ex-officio shall be members of
every committee.
20.3 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.
20.4 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.
20.5 Every committee may appoint sub-committees for purposes to be
specified by the committee.
20.6 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.
20.7 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.
20.8 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.
(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.
22. 22.1 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.
22.2
Chairman of Committees and sub-committees shall in the case of
an equality of votes have a second or
casting vote.
COMMITTEE MEETING
23. 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.
24. 24.1 (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.
24.2 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.
25. (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.
26.2 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.
26.3 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.
26.4 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.
26.5 The Clerk shall make know the purpose of
this Standing Order to every candidate.
27. 27.1 (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.
27.2 Standing Orders 26.4 and 27.1shall apply to tenders as if the person
making the Tender were a candidate for an appointment.
28 28.1. 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.
28.2. All
minutes kept by the Council and by any committee shall be open for the
inspection of any member of the Council.
29. 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)
30.2 The Council shall state
the special reason for exclusion.
30.3 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.
30.4 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.
30.5 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.
31. (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.
32 32.1. A notice of meeting shall be sent together
with an invitation to attend
to
the
32.2 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 County Councillor for the
division or to the District Councillor for the ward
as the case may require.
33. (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.