|Author Juliet Cross, Clerk and Responsible Financial Officer|
|07/02/13||1.0||Final||Draft policy adopted at February 2013 Council meeting (minute 13/02/07)|
|14/12/16||1.1||Revision||Policy revised and circulated to Councillors.|
|12/02/17||2.0||Final||Revised policy approved at January 2017 Council meeting (minute 4c).|
|27/09/18||2.1||Revision||Revised policy presented to September 2018 Council meeting to reflect new model Standing Orders published by the National Association of Local Councils and approved subject to amendments (minute 18.238).|
|16/10/18||3.0||Final||Final version uploaded to Council website.|
|09/05/19||3.1||Review||Standing Orders approved by new Council at Annual Meeting of the Council held on 9 May 2019 with no amendments (minute 19.086).|
|Review Cycle Every year at the Annual Meeting of the Council or in response to new or amended statutory requirements. This document must be approved by Full Council. The Standing Orders may only be amended or varied by resolution of the Council.|
|Legislation and Regulation Model Standing Orders, National Association of Local Councils 2018.|
1. RULES OF DEBATE AT MEETINGS.. 3
2. DISORDERLY CONDUCT AT MEETINGS.. 4
4. COMMITTEES AND SUB-COMMITTEES.. 7
5. ORDINARY COUNCIL MEETINGS.. 8
6. EXTRAORDINARY MEETINGS OF THE COUNCIL, COMMITTEES AND SUB-COMMITTEES ……………………………………………………………………………………………………………………………………………10
8. VOTING ON APPOINTMENTS.. 10
9. MOTIONS FOR A MEETING THAT REQUIRE WRITTEN NOTICE TO BE GIVEN TO THE PROPER OFFICER.. 10
10. MOTIONS AT A MEETING THAT DO NOT REQUIRE WRITTEN NOTICE.. 11
11. MANAGEMENT OF INFORMATION.. 12
13. CODE OF CONDUCT AND DISPENSATIONS.. 13
14. CODE OF CONDUCT COMPLAINTS.. 14
16. RESPONSIBLE FINANCIAL OFFICER.. 16
17. ACCOUNTS AND ACCOUNTING STATEMENTS.. 16
18. FINANCIAL CONTROLS AND PROCUREMENT.. 16
19. HANDLING STAFF MATTERS.. 18
20. RESPONSIBILITIES TO PROVIDE INFORMATION.. 18
21. RESPONSIBILITIES UNDER DATA PROTECTION LEGISLATION.. 19
22. RELATIONS WITH THE PRESS/MEDIA.. 19
23. EXECUTION AND SEALING OF LEGAL DEEDS.. 19
24. COMMUNICATING WITH DISTRICT AND COUNTY OR UNITARY COUNCILLORS.. 19
25. RESTRICTIONS ON COUNCILLOR ACTIVITIES.. 19
26. STANDING ORDERS GENERALLY.. 20
1. RULES OF DEBATE AT MEETINGS
- Motions on the agenda shall be considered in the order that they appear unless the order is changed at the discretion of the chairman of the meeting.
- A motion (including an amendment) shall not be progressed unless it has been moved and seconded.
- A motion on the agenda that is not moved by its proposer may be treated by the chairman of the meeting as withdrawn.
- If a motion (including an amendment) has been seconded, it may be withdrawn by the proposer only with the consent of the seconder and the meeting.
- An amendment is a proposal to remove or add words to a motion. It shall not negate the motion.
- If an amendment to the original motion is carried, the original motion (as amended) becomes the substantive motion upon which further amendment(s) may be moved.
- An amendment shall not be considered unless early verbal notice of it is given at the meeting and, if requested by the chairman of the meeting, is expressed in writing to the chairman.
- A councillor may move an amendment to his own motion if agreed by the meeting. If a motion has already been seconded, the amendment shall be with the consent of the seconder and the meeting.
- If there is more than one amendment to an original or substantive motion, the amendments shall be moved in the order directed by the chairman of the meeting.
- Subject to standing order 1(k), only one amendment shall be moved and debated at a time, the order of which shall be directed by the chairman of the meeting.
- One or more amendments may be discussed together if the chairman of the meeting considers this expedient but each amendment shall be voted upon separately.
- A councillor may not move more than one amendment to an original or substantive motion.
- The mover of an amendment has no right of reply at the end of debate on it.
- Where a series of amendments to an original motion are carried, the mover of the original motion shall have a right of reply either at the end of debate on the first amendment or at the very end of debate on the final substantive motion immediately before it is put to the vote.
- Unless permitted by the chairman of the meeting, a councillor may speak once in the debate on a motion except:
- to speak on an amendment moved by another councillor;
- to move or speak on another amendment if the motion has been amended since he last spoke;
- to make a point of order;
- to give a personal explanation; or
- to exercise a right of reply.
- During the debate on a motion, a councillor may interrupt only on a point of order or a personal explanation and the councillor who was interrupted shall stop speaking. A councillor raising a point of order shall identify the standing order which he considers has been breached or specify the other irregularity in the proceedings of the meeting he is concerned by.
- A point of order shall be decided by the chairman of the meeting and his decision shall be final.
- When a motion is under debate, no other motion shall be moved except:
- to amend the motion;
- to proceed to the next business;
- to adjourn the debate;
- to put the motion to a vote;
- to ask a person to be no longer heard or to leave the meeting;
- to refer a motion to a committee or sub-committee for consideration;
- to exclude the public and press;
- to adjourn the meeting; or
- to suspend particular standing order(s) excepting those which reflect mandatory statutory or legal requirements.
- Before an original or substantive motion is put to the vote, the chairman of the meeting shall be satisfied that the motion has been sufficiently debated and that the mover of the motion under debate has exercised or waived his right of reply.
- Excluding motions moved under standing order 1(r), the contributions or speeches by a councillor shall relate only to the motion under discussion and shall not exceed 5 minutes without the consent of the chairman of the meeting.
2. DISORDERLY CONDUCT AT MEETINGS
- No person shall obstruct the transaction of business at a meeting or behave offensively or improperly. If this standing order is ignored, the chairman of the meeting shall request such person(s) to moderate or improve their conduct.
- If person(s) disregard the request of the chairman of the meeting to moderate or improve their conduct, any councillor or the chairman of the meeting may move that the person be no longer heard or be excluded from the meeting. The motion, if seconded, shall be put to the vote without discussion.
- If a resolution made under standing order 2(b) is ignored, the chairman of the meeting may take further reasonable steps to restore order or to progress the meeting. This may include temporarily suspending or closing the meeting.
3. MEETINGS GENERALLY
Full Council meetings ●
Committee meetings ●
Sub-committee meetings ●
|●||Meetings shall not take place in premises which at the time of the meeting are used for the supply of alcohol, unless no other premises are available free of charge or at a reasonable cost.|
|●||The minimum three clear days for notice of a meeting does not include the day on which notice was issued, the day of the meeting, a Sunday, a day of the Christmas break, a day of the Easter break or of a bank holiday or a day appointed for public thanksgiving or mourning.|
|●||The minimum three clear days’ public notice for a meeting does not include the day on which the notice was issued or the day of the meeting unless the meeting is convened at shorter notice.|
|● ●||Meetings shall be open to the public unless their presence is prejudicial to the public interest by reason of the confidential nature of the business to be transacted or for other special reasons. The public’s exclusion from part or all of a meeting shall be by a resolution which shall give reasons for the public’s exclusion.|
|Members of the public may make representations, answer questions and give evidence at a meeting which they are entitled to attend in respect of the business on the agenda.|
|The period of time designated for public participation at a meeting in accordance with standing order 3(e) shall not exceed 20 minutes unless directed by the chairman of the meeting.|
|Subject to standing order 3(f), a member of the public shall not speak for more than 3 minutes.|
|In accordance with standing order 3(e), a question shall not require a response at the meeting nor start a debate on the question. The chairman of the meeting may direct that a written or oral response be given.|
|A person shall raise his hand when requesting to speak.|
|A person who speaks at a meeting shall direct his comments to the chairman of the meeting.|
|Only one person is permitted to speak at a time. If more than one person wants to speak, the chairman of the meeting shall direct the order of speaking.|
|● ●||Subject to standing order 3(m), a person who attends a meeting is permitted to report on the meeting whilst the meeting is open to the public. To “report” means to film, photograph, make an audio recording of meeting proceedings, use any other means for enabling persons not present to see or hear the meeting as it takes place or later or to report or to provide oral or written commentary about the meeting so that the report or commentary is available as the meeting takes place or later to persons not present.|
|● ●||A person present at a meeting may not provide an oral report or oral commentary about a meeting as it takes place without permission.|
|● ●||The press shall be provided with reasonable facilities for the taking of their report of all or part of a meeting at which they are entitled to be present.|
|●||Subject to standing orders which indicate otherwise, anything authorised or required to be done by, to or before the Chairman of the Council may in his absence be done by, to or before the Vice-Chairman of the Council (if there is one).|
|●||The Chairman of the Council, if present, shall preside at a meeting. If the Chairman is absent from a meeting, the Vice-Chairman of the Council (if there is one) if present, shall preside. If both the Chairman and the Vice-Chairman are absent from a meeting, a councillor as chosen by the councillors present at the meeting shall preside at the meeting.|
|● ● ●||Subject to a meeting being quorate, all questions at a meeting shall be decided by a majority of the councillors and non-councillors with voting rights present and voting.|
|● ● ●||The chairman of a meeting may give an original vote on any matter put to the vote, and in the case of an equality of votes may exercise his casting vote whether or not he gave an original vote. See standing orders 5(h) and (i) for the different rules that apply in the election of the Chairman of the Council at the annual meeting of the Council.|
|●||Unless standing orders provide otherwise, voting on a question shall be by a show of hands. At the request of a councillor, the voting on any question shall be recorded so as to show whether each councillor present and voting gave his vote for or against that question. Such a request shall be made before moving on to the next item of business on the agenda.|
|The minutes of a meeting shall include an accurate record of the following:the time and place of the meeting; the names of councillors who are present and the names of councillors who are absent; interests that have been declared by councillors and non-councillors with voting rights;the grant of dispensations (if any) to councillors and non-councillors with voting rights;whether a councillor or non-councillor with voting rights left the meeting when matters that they held interests in were being considered;if there was a public participation session; and the resolutions made.|
|● ● ●||A councillor or a non-councillor with voting rights who has a disclosable pecuniary interest or another interest as set out in the Council’s code of conduct in a matter being considered at a meeting is subject to statutory limitations or restrictions under the code on his right to participate and vote on that matter.|
|●||No business may be transacted at a meeting unless at least one-third of the whole number of members of the Council are present and in no case shall the quorum of a meeting be less than three. See standing order 4d(viii) for the quorum of a committee or sub-committee meeting.|
● ● ●
|If a meeting is or becomes inquorate no business shall be transacted and the meeting shall be closed. The business on the agenda for the meeting shall be adjourned to another meeting.|
|A meeting shall not exceed a period of 2.5 hours.|
4. COMMITTEES AND SUB-COMMITTEES
5. ORDINARY COUNCIL MEETINGS
- the time and place of ordinary meetings of the Council up to and including the next annual meeting of the Council.
6. EXTRAORDINARY MEETINGS OF THE COUNCIL, COMMITTEES AND SUB-COMMITTEES
7. PREVIOUS RESOLUTIONS
- A resolution shall not be reversed within six months except either by a special motion, which requires written notice by at least 2 councillors to be given to the Proper Officer in accordance with standing order 9, or by a motion moved in pursuance of the recommendation of a committee or a sub-committee.
- When a motion moved pursuant to standing order 7(a) has been disposed of, no similar motion may be moved for a further six months.
8. VOTING ON APPOINTMENTS
- Where more than two persons have been nominated for a position to be filled by the Council and none of those persons has received an absolute majority of votes in their favour, the name of the person having the least number of votes shall be struck off the list and a fresh vote taken. This process shall continue until a majority of votes is given in favour of one person. A tie in votes may be settled by the casting vote exercisable by the chairman of the meeting.
9. MOTIONS FOR A MEETING THAT REQUIRE WRITTEN NOTICE TO BE GIVEN TO THE PROPER OFFICER
- A motion shall relate to the responsibilities of the meeting for which it is tabled and in any event shall relate to the performance of the Council’s statutory functions, powers and obligations or an issue which specifically affects the Council’s area or its residents.
- No motion may be moved at a meeting unless it is on the agenda and the mover has given written notice of its wording to the Proper Officer at least 5 clear days before the meeting. Clear days do not include the day of the notice or the day of the meeting.
- The Proper Officer may, before including a motion on the agenda received in accordance with standing order 9(b), correct obvious grammatical or typographical errors in the wording of the motion.
- If the Proper Officer considers the wording of a motion received in accordance with standing order 9(b) is not clear in meaning, the motion shall be rejected until the mover of the motion resubmits it, so that it can be understood, in writing, to the Proper Officer at least 3 clear days before the meeting.
- If the wording or subject of a proposed motion is considered improper, the Proper Officer shall consult with the chairman of the forthcoming meeting or, as the case may be, the councillors who have convened the meeting, to consider whether the motion shall be included in the agenda or rejected.
- The decision of the Proper Officer as to whether or not to include the motion on the agenda shall be final.
- Motions received shall be recorded and numbered in the order that they are received.
- Motions rejected shall be recorded with an explanation by the Proper Officer of the reason for rejection.
10. MOTIONS AT A MEETING THAT DO NOT REQUIRE WRITTEN NOTICE
- The following motions may be moved at a meeting without written notice to the Proper Officer:
- to correct an inaccuracy in the draft minutes of a meeting;
- to move to a vote;
- to defer consideration of a motion;
- to refer a motion to a particular committee or sub-committee;
- to appoint a person to preside at a meeting;
- to change the order of business on the agenda;
- to proceed to the next business on the agenda;
- to require a written report;
- to appoint a committee or sub-committee and their members;
- to extend the time limits for speaking;
- to exclude the press and public from a meeting in respect of confidential or other information which is prejudicial to the public interest;
- to not hear further from a councillor or a member of the public;
- to exclude a councillor or member of the public for disorderly conduct;
- to temporarily suspend the meeting;
- to suspend a particular standing order (unless it reflects mandatory statutory or legal requirements);
- to adjourn the meeting; or
- to close the meeting.
11. MANAGEMENT OF INFORMATION
See also standing order 20.
- The Council shall have in place and keep under review, technical and organisational measures to keep secure information (including personal data) which it holds in paper and electronic form. Such arrangements shall include deciding who has access to personal data and encryption of personal data.
- The Council shall have in place, and keep under review, policies for the retention and safe destruction of all information (including personal data) which it holds in paper and electronic form. The Council’s retention policy shall confirm the period for which information (including personal data) shall be retained or if this is not possible the criteria used to determine that period (e.g. the Limitation Act 1980).
- The agenda, papers that support the agenda and the minutes of a meeting shall not disclose or otherwise undermine confidential information or personal data without legal justification.
- Councillors, staff, the Council’s contractors and agents shall not disclose confidential information or personal data without legal justification.
12. DRAFT MINUTES
Full Council meetings ●
Committee meetings ●
Sub-committee meetings ●
|“The chairman of this meeting does not believe that the minutes of the meeting of the ( ) held on [date] in respect of ( ) were a correct record but his view was not upheld by the meeting and the minutes are confirmed as an accurate record of the proceedings.”|
|● ● ●||on a website which is publicly accessible and free of charge not later than one month after the meeting has taken place.|
13. CODE OF CONDUCT AND DISPENSATIONS
- All councillors and non-councillors with voting rights shall observe the code of conduct adopted by the Council.
- Unless he has been granted a dispensation, a councillor or non-councillor with voting rights shall withdraw from a meeting when it is considering a matter in which he has a disclosable pecuniary interest. He may return to the meeting after it has considered the matter in which he had the interest.
- Unless he has been granted a dispensation, a councillor or non-councillor with voting rights shall withdraw from a meeting when it is considering a matter in which he has another interest if so required by the Council’s code of conduct. He may return to the meeting after it has considered the matter in which he had the interest.
- Dispensation requests shall be in writing and submitted to the Proper Officer as soon as possible before the meeting, or failing that, at the start of the meeting for which the dispensation is required.
- A decision as to whether to grant a dispensation shall be made by the Proper Officer and that decision is final.
- A dispensation request shall confirm:
- the description and the nature of the disclosable pecuniary interest or other interest to which the request for the dispensation relates;
- whether the dispensation is required to participate at a meeting in a discussion only or a discussion and a vote;
- the date of the meeting or the period (not exceeding four years) for which the dispensation is sought; and
- an explanation as to why the dispensation is sought.
- Subject to standing orders 13(d) and (f), a dispensation request shall be considered by the Proper Officer before the meeting or, if this is not possible, at the start of the meeting for which the dispensation is required.
- A dispensation may be granted in accordance with standing order 13(e) if having regard to all relevant circumstances any of the following apply:
- without the dispensation the number of persons prohibited from participating in the particular business would be so great a proportion of the meeting transacting the business as to impede the transaction of the business;
- granting the dispensation is in the interests of persons living in the Council’s area; or
- it is otherwise appropriate to grant a dispensation.
14. CODE OF CONDUCT COMPLAINTS
- where such disclosure is necessary to investigate the complaint or is a legal requirement;
- from the person or body with statutory responsibility for investigation of the matter;
15. PROPER OFFICER
- or a sub-committee,
- authenticated in such manner as the Proper Officer thinks fit, a signed summons confirming the time, place and the agenda (provided the councillor has consented to service by email), and
See standing order 3(b) for the meaning of clear days for a meeting of a full council and standing order 3(c) for the meaning of clear days for a meeting of a committee;
(see also standing order 23);
(see also standing order 23).
16. RESPONSIBLE FINANCIAL OFFICER
- to undertake the work of the Responsible Financial Officer when the Responsible Financial Officer is absent.
17. ACCOUNTS AND ACCOUNTING STATEMENTS
which includes a comparison with the budget for the financial year and highlights any actual or potential overspends.
- annual governance and accountability return, as required by proper practices, for consideration and approval.
- annual governance and accountability return shall be presented to all councillors at least 14 days prior to anticipated approval by the Council. The annual governance and accountability return of the Council, which is subject to external audit, including the annual governance statement, shall be presented to the Council for consideration and formal approval before 30 June.
18. FINANCIAL CONTROLS AND PROCUREMENT
- Public Contracts Regulations 2015 with an estimated value in excess of £25,000 but less than the relevant thresholds in standing order 18(f) is subject to Regulations 109-114 of the Public Contracts Regulations 2015 which include a requirement on the Council to advertise the contract opportunity on the Contracts Finder website regardless of what other means it uses to advertise the opportunity.
- for contracts for the supply of goods, materials, services or the execution of works with an estimated value of £500 or more shall include, as a minimum, the following steps:
- for a public works contract (or other thresholds determined by the European Commission every two years and published in the Official Journal of the European Union (OJEU)) shall comply with the relevant procurement procedures and other requirements in the Public Contracts Regulations 2015 which include advertising the contract opportunity on the Contracts Finder website and in OJEU.
- in connection with the supply of gas, heat, electricity, drinking water, transport services, or postal services to the public; or the provision of a port or airport; or the exploration for or extraction of gas, oil or solid fuel with an estimated value in excess of £363,424 for a supply, services or design contract; or in excess of £4,551,413 for a works contract; or £820,370 for a social and other specific services contract (or other thresholds determined by the European Commission every two years and published in OJEU) shall comply with the relevant procurement procedures and other requirements in the Utilities Contracts Regulations 2016.
19. HANDLING STAFF MATTERS
- A matter personal to a member of staff that is being considered by a meeting of Council is subject to standing order 11.
- Subject to the Council’s policy regarding absences from work, the Council’s most senior member of staff shall notify the chairman of the Council or, if he is not available, the vice-chairman (if there is one) of the Council of absence occasioned by illness or other reason and that person shall report such absence to the Council at its next meeting.
- The chairman of the Council or in his absence, the vice-chairman of the Council shall upon a resolution conduct a review of the performance and annual appraisal of the work of the Proper Officer, The reviews and appraisal shall be reported in writing and are subject to approval by resolution by the Council.
- Subject to the Council’s policy regarding the handling of grievance matters, the Council’s most senior member of staff (or other members of staff) shall contact the chairman of the Council or in his absence, the vice-chairman of the Council in respect of an informal or formal grievance matter, and this matter shall be reported back and progressed by resolution of the Council.
- Subject to the Council’s policy regarding the handling of grievance matters, if an informal or formal grievance matter raised by the Proper Officer relates to the chairman or vice-chairman of the Council, this shall be communicated to another member of the Council which shall be reported back and progressed by resolution of the Council.
- Any persons responsible for all or part of the management of staff shall treat as confidential the written records of all meetings relating to their performance, capabilities, grievance or disciplinary matters.
- In accordance with standing order 11(a), persons with line management responsibilities shall have access to staff records referred to in standing order 19(f).
20. RESPONSIBILITIES TO PROVIDE INFORMATION
See also standing order 21.
- In accordance with freedom of information legislation, the Council shall publish information in accordance with its publication scheme and respond to requests for information held by the Council. If gross annual income or expenditure (whichever is higher) does not exceed £25,000, the Council shall publish information in accordance with the requirements of the Smaller Authorities (Transparency Requirements) (England) Regulations 2015.
21. RESPONSIBILITIES UNDER DATA PROTECTION LEGISLATION
(Below is not an exclusive list).
See also standing order 11.
- The Council shall appoint a Data Protection Officer if required, or a Data Protection Compliance Officer.
- The Council shall have policies and procedures in place to respond to an individual exercising statutory rights concerning his personal data.
- The Council shall have a written policy in place for responding to and managing a personal data breach.
- The Council shall keep a record of all personal data breaches comprising the facts relating to the personal data breach, its effects and the remedial action taken.
- The Council shall ensure that information communicated in its privacy notice(s) is in an easily accessible and available form and kept up to date.
- The Council shall maintain a written record of its processing activities.
22. RELATIONS WITH THE PRESS/MEDIA
- Requests from the press or other media for an oral or written comment or statement from the Council, its councillors or staff shall be handled in accordance with the Council’s policy in respect of dealing with the press and/or other media.
23. EXECUTION AND SEALING OF LEGAL DEEDS
See also standing orders 15(b)(xii) and (xvii).
- A legal deed shall not be executed on behalf of the Council unless authorised by a resolution.
- Subject to standing order 23(a), any two councillors may sign, on behalf of the Council, any deed required by law and the Proper Officer shall witness their signatures.
24. COMMUNICATING WITH DISTRICT AND COUNTY COUNCILLORS
- An invitation to attend a meeting of the Council shall be sent, together with the agenda, to the ward councillor(s) of the District and County Council representing the area of the Council.
- Unless the Council determines otherwise, a copy of each letter sent to the District and County Council shall be sent to the ward councillor(s) representing the area of the Council.
25. RESTRICTIONS ON COUNCILLOR ACTIVITIES
26. STANDING ORDERS GENERALLY
- All or part of a standing order, except one that incorporates mandatory statutory or legal requirements (i.e. those in bold type), may be suspended by resolution in relation to the consideration of an item on the agenda for a meeting.
- A motion to add to or vary or revoke one or more of the Council’s standing orders, except one that incorporates mandatory statutory or legal requirements, shall be proposed by a special motion, the written notice by at least 2 councillors to be given to the Proper Officer in accordance with standing order 9.
- The Proper Officer shall provide a copy of the Council’s standing orders to a councillor as soon as possible.
- The decision of the chairman of a meeting as to the application of standing orders at the meeting shall be final.