Standing Orders

STANDING ORDERS 

  1. Meeting 

(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. 

(c) Before commencement of the business set out, members of the public will  be given 15 minutes to raise any issues. At the end of the meeting there  will be a further 5 minutes for Open Discussion. 

(d) The Parish Council meeting will be start at 7.30 pm and end at 9.30 pm. 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. 

  1. (England Only) 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. 
  2. 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. 

  1. 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: – 

To receive declarations of acceptance of office. 

To receive and record notices disclosing interests at meetings. To receive and retain plans and documents. 

To sign notices or other documents on behalf of the Council. To receive copies of bylaws made by another local authority. To sign and issue the summons to attend meetings of the Council. To keep proper records for all Council meetings.

  1. 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. 

  1. 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. 
  2. For a quorum relating to a committee or sub-committee, please refer to Standing  Order 48. 
  3. Voting 

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. Such a  request must be made before moving on to the next business. 
  2. (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. 

  1. Order of Business 

At each Annual Parish Council Meeting the first business shall be: a) To elect a Chairman of the Council 

  1. b) To receive the Chairman’s declaration of acceptance of office or, if not then  received, to decide when it shall be received. 
  2. c) In the ordinary year of election of the Council to fill any vacancies left  unfilled at the election by reason of insufficient nominations. 
  3. d) To decide when any declarations of acceptance of office which have not  been received as provided by law shall be received. 
  4. e) To elect a Vice-Chairman of the Council.
  5. f) To appoint representatives to outside bodies. 
  6. g) To appoint committees and sub-committees. 
  7. h) To consider the payment of any subscriptions falling to be paid annually. 
  8. 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 14 

  1. 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. 
  2. 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: 
  3. 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. 
  4. b) After consideration to approve the signature of the Minutes by the person  presiding as a correct record. 
  5. c) To deal with business expressly required by statute to be done. 
  6. d) To dispose of business/action points, if any, remaining from the last  meeting. 
  7. e) To receive and consider reports and minutes of committees. f) If necessary, to authorise the signing of orders for payment. 15. Urgent Business 

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

  1. 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 
  2. b) Shall be put to the vote without discussion. 
  3. 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

  1. Every resolution or recommendation shall be relevant to some subject over which  the Council has power or duties, which affects its area.
  2. Resolutions Moved Without Notice 

Resolutions dealing with the following matters may be moved without notice: a) To appoint a Chairman of the meeting. 

  1. b) To correct the Minutes. 
  2. c) To approve the Minutes. 
  3. d) To alter the order of business. 
  4. e) To proceed to the next business. 
  5. f) To close or adjourn the debate. 
  6. g) To refer a matter to a committee. 
  7. h) To appoint a committee or any members thereof. 
  8. I) To adopt a report. 
  9. j) To authorise the sealing of documents. 
  10. k) To amend a motion. 
  11. l) To give leave to withdraw a resolution 
  12. m) To extend the time limit for speeches. 
  13. n) To exclude the press and public. (see Order 43 below) 

0) To silence or eject from the meeting a member named for misconduct. (see  order 23 below) 

  1. p) To give the consent of the Council where such consent is required by these  Standing Orders. 
  2. q) To suspend any Standing Order. (see Order 54 below) 
  3. r) To adjourn the meeting. Questions 
  4. Rules of Debate 

No discussion of the Minutes shall take place except upon their accuracy.  Corrections to the Minutes shall be made by resolution and must be initialled by  the Chairman. 

  1. A resolution or amendment. 
  2. a) A member shall direct his speech to the question under discussion or to a  personal explanation or to a question of order. 
  3. b) An amendment shall be either:
  1. i) To leave out words. 
  2. ii) To leave out words and insert others. 

iii) To insert or add words. 

  1. c) An amendment shall not have the effect of negating the resolution before  the Council. 
  2. d) 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. 
  3. e) A further amendment shall not be moved until the Council has disposed of  every amendment previously moved. 
  4. f) 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. 
  5. g) 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. 
  6. h) 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. 
  7. i) 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 leave the meeting. 

vii.) That the resolution be referred to a committee. 

viii.) To exclude the public and press. 

ix.) To adjourn the meeting.

  1. a) the ruling of the Chairman on a point of order or on the admissibility of a  personal explanation shall not be discussed. 
  2. b) Members shall address the Chairman. If two or more members wish to  speak, the Chairman shall decide who to call upon. 
  3. c) Whenever the Chairman speaks during a debate all other members shall  be silent. 
  4. Closure 

At the end of any speech/ discussion the chair or member may, without comment,  move “that a motion now be put”. 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. 

  1. Disorderly Conduct 
  2. a) All members must observe the Code of Conduct which was adopted by the  council on 1 July 2012, a copy of which is annexed to these Standing  Orders. 
  3. 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. 
  4. c) If, in the opinion of the Chairman, a member has broken the provisions of  paragraph (b) of this Order, the Chairman shall express that opinion to the  Council and thereafter any member may move that the member named be  no longer heard or that the member named do leave the meeting, and the  motion, if seconded, shall be put forthwith and without discussion. If a 

member reasonably believes another member is in breach of the code of  conduct, that member is under a duty to report the breach to the Standards  Board (England) or the Local Commissioner (Wales). 

  1. d) If either of the motions 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. 
  2. Rescission of Previous Resolution 
  3. a) A decision (whether affirmative or negative) of the Council shall not be  reversed within six months except by a special resolution,  
  4. 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.
  1. 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. 

  1. Expenditure 

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

  1. Committees and Sub Committees 

The Council may at its Annual Meeting appoint standing committees and may at  any other time appoint such other committees as are necessary, but subject to  any statutory provision in that behalf: 

  1. a) Shall not appoint any member of a committee so as to hold office later than  the next Annual Meeting. 
  2. b) May appoint persons other than members of the Council to any Committee;  and 
  3. c) May subject to the provisions of Standing Order 24 above at any time  dissolve or alter the membership of committee. 
  4. The Chairman and Vice-Chairman, ex-officio, shall be voting members of every  committee. 
  5. 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. 
  6. 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. 

  1. 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. 

Voting in Committees 

  1. Members of committees entitled to vote, shall vote by show of hands, or, if at  least two members so request, by signed ballot. 
  2. Chairmen of committees and sub-committees shall in the case of an equality of  votes have a second or casting vote. 
  3. 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. 

  1. 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 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 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. 

  1. 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. 
  2. Estimates I Precepts 

1) The council shall approve written estimates for the coming financial year at  its meeting before the end of the month of January.  

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  November. 

  1. Interests (ENGLAND) 

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

  1. 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. 
  2. The Clerk may be required to compile and hold a register of member’s interests  in accordance with agreement reached with the Monitoring Officer of the  Responsible Authority and/or as required by statute. 
  3. 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. 

  1. All minutes kept by the Council and by any committee shall be open for the  inspection of any member of the Council. 
  2. 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 by means of the following resolutions: – 

“That in view of the [special] 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” 

  1. The Council shall state the special reason for exclusion. 
  2. At all meetings of the Council the Chairman may at his 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. 
  3. 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. 
  4. 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. 
  5. 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.

  1. 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. 

  1. 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. 
  2. 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 

2) The Clerk shall circulate every planning application received (within 48  hours of receipt), finishing at the planning representative, who shall draft a  reply to be sent with the plans to the clerk. The clerk will submit a reply after  consultation with the chair. 

  1. 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: 

  1. a) the accounting records and systems of internal control; 
  2. 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; 
  3. d) the financial reporting requirements of members and local electors  and 
  4. e) procurement policies (subject to (2) below) including the setting of  values for different procedures where the contract has an estimated value less than £25,000.00 

2) Any proposed contract for the supply of goods, materials, services and the  execution of works with an estimated value in excess of £25,000.00 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: 

  1. a) a public notice of intention to place a contract to be placed in a local  newspaper; 
  2. b) a specification of the goods, materials, services and the execution of  works shall be drawn up; 
  3. c) tenders are to be sent, in a sealed marked envelope, to the Clerk by  a stated date and time; 
  4. d) tenders submitted are to be opened, after the stated closing date and  time, by the Clerk and at least one member of Council; 
  5. e) tenders are then to be assessed and reported to the appropriate  meeting of Council or Committee.

4) The Council, nor any Committee, is not bound to accept the lowest tender,  estimate or quote.  

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) 

  1. 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. 

  1. 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. 

  1. 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. 
  2. 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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