STANDING
ORDERS
MEETINGS
| 1. |
(a) |
Meetings of the Council shall be held at The Village Hall at 7.30pm unless
the Council decides at a previous meeting |
| (b) |
Smoking is not permitted at any meeting of the Council. |
| 2. |
|
The Statutory Annual Meeting (a) in an election year shall be held
on the Wednesday 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 second Wednesday
in May. |
| 3. |
|
The three other statutory meetings shall be held on the second
Wednesday in the months of January, July and September. |
| 4. |
|
Eight additional meetings shall be held on the second Wednesday in
the months of February, March, April, June, August, October, November and December. |
CHAIRMAN OF MEETING
| 5. |
The person presiding at a meeting may exercise all the powers and
duties of the Chairman in relation to the conduct of the Meeting. |
PROPER OFFICER
| 6. |
Where a statute, regulation or order confers
functions or duties on the proper officer of the Council in the following cases, he shall
be the clerk:- |
|
(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 bylaws made by a District Council |
|
(f) |
To certify copies of bylaws made by the Council |
|
(g) |
To sign summonses to attend meetings of the Council |
|
(h) |
in any other case the proper officer shall be the person nominated by the
Council and, in default of nomination, the clerk |
QUORUM
| 7. |
Four members shall constitute a quorum. |
| 8. |
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. |
VOTING
| 9. |
|
Members shall vote by show of hands or, if at least two members so
request, by signed ballot. |
| 10. |
|
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. |
| 11. |
(1) |
Subject to (2) and (3) below the Chairman may give an original
vote on any matter put to the vote, and in the case of an equality of votes may give a
casting vote even though he gave no original vote. |
|
(2) |
If the person presiding at the annual 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
(In an election year councillors should execute Declarations of Acceptance of
Office in each others presence, or in the presence of a proper officer previously
authorized by the Council to take such declaration, before the annual meeting commences.)
| 12. |
At each Annual Meeting
the first business shall be |
|
(a) |
To elect a Chairman |
|
(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 which have
not been received as provided by law shall be received |
|
(e) |
To elect a Vice-Chairman |
|
(f) |
To appoint school governors |
|
(g) |
To appoint committees:
and shall thereafter follow the order set out in Standing Order 15 |
| 13. |
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. |
| 14. |
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 37 below). |
| 15. |
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 by statute to be done. |
| 16. |
A motion to vary the order of
business on the ground of urgency |
|
(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 |
|
(b) |
Shall be put to the vote without discussion. |
RESOLUTIONS MOVED ON
NOTICE
| 17. |
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 of its terms and delivered the notice to the Clerk at least seven
clear days before the next meeting. |
| 18. |
The Clerk shall date every notice of resolution or recommendation when
received by him, 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. |
| 19. |
The Clerk shall inset in the summons for every meeting all notices of
motion or recommendation properly given in the order in which they are received unless the
member giving notice of motion has stated in writing that he intends to move at some later
meeting or that he withdraws it. |
| 20. |
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. |
| 21. |
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 consider 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 is moved. |
| 22. |
Every resolution or recommendation shall be relevant to some subject over
which the Council has power or which affects its area. |
RESOLUTIONS MOVED WITHOUT
NOTICE
| 23. |
Resolutions dealing with the
following matters may be moved without notice: |
|
(a) |
To appoint a Chairman of the meeting |
|
(b) |
To correct the Minutes |
|
(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 resolution |
|
(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 65 below) |
|
(o) |
To silence or eject from the meeting a member named for misconduct
(See Order 32 below) |
|
(p) |
To invite a member having an interest in the subject matter under debate
to remain. (See Order 56 below) |
|
(q) |
To give the consent of the Council where such consent is required by these
Standing Orders |
|
(r) |
To suspend any Standing Order. (See Order 74 below) |
|
(s) |
To adjourn the meeting. |
QUESTIONS
| 24. |
A member may ask the Chairman or the Clerk any question concerning the
business of the Council, provided notice of the question has been given to the person to
whom it is addressed before the meeting begins. |
| 25. |
No questions not connected with business under discussion shall be asked
except during the part of the meeting set aside for questions. |
| 26. |
Every question shall be put and answered without discussion. |
| 27. |
A person to whom a question has been put may decline to answer. |
RULES OF DEBATE
| 28. |
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. |
| 29. |
(a) |
A Resolution or amendment shall not be discussed unless it has been
proposed and seconded, and, unless proper notice has already been given, it shall, if
required by the Chairman, be reduced to writing and handed to him before it is further
discussed or put to the meeting |
|
(b) |
A member when seconding a resolution or amendment may, if he then 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:- |
|
|
| (i) |
To leave out words |
| (ii) |
To leave out words and insert or add others |
| (iii) |
To insert or add words |
|
|
(e) |
An amendment shall not have the effect of negativing 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) |
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 |
|
(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 do leave the meeting |
| (vii) |
That the resolution be referred to a committee |
| (viii) |
To exclude the public and press |
| (ix) |
To adjourn the meeting. |
|
| 30. |
(a) |
The ruling of the Chairman on a point of order or on the admissibility of
a personal explanation shall not be discussed |
|
(b) |
Members shall address the Chairman. |
CLOSURE
| 31. |
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 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 |
| (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.) |
DISORDERLY CONDUCT
| 32. |
(a) |
No member shall at a meeting persistently disregard the ruling of the
Chairman, wilfully obstruct business, or behave irregularly, offensively, improperly or in
such a manner as to scandalise the Council or bring it into contempt or ridicule |
|
(b) |
If, in the opinion of the Chairman, a member has broken the provisions of
paragraph (a) of this Order the Chairman shall express that opinion to the Council and
thereafter any member may move that the member named be 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. |
RIGHT OF REPLY
| 33. |
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. |
ALTERATION OF RESOLUTION
| 34. |
A member may, with the consent of his seconder, move amendments to his own
resolution. |
RESCISSION OF PREVIOUS RESOLUTION
| 35. |
(a) |
A decision (whether affirmative or negative) of the Council shall not be
reversed within six months except either by a special resolution, the written notice
whereof bears the names of at least four members of the Council, or be a resolution moved
in pursuance of the report or recommendation of a committee |
|
(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. |
VOTING ON APPOINTMENTS
| 36. |
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. |
DISCUSSIONS AND RESOLUTIONS AFFECTING
EMPLOYEES OF THE COUNCIL
| 37. |
If at a meeting there arises any question relating to the appointment,
conduct, promotion, dismissal, salary or conditions of service, of any person employed by
the Council, it shall not be considered until the Council or committee (as the case may
be) has decided whether or not the public shall be excluded. (See Standing Order No
65.) |
RESOLUTIONS ON
EXPENDITURE
| 38. |
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 involve capital
expenditure, shall, when proposed and seconded, stand adjourned without discussion to the
next ordinary meeting of the Council, and any committee affected by it shall consider
whether it desires to report thereon and the Finance Committee shall report on the
financial aspect of the matter. |
EXPENDITURE
| 39. |
Orders for the payment of money shall be authorised by resolution
of the Council and signed by two members. |
SEALING OF DOCUMENTS
| 40. |
(a) |
A document shall not be sealed on behalf of the Council unless its sealing
has been authorized 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. |
COMMITTEES AND SUB-COMMITTEES
| 41. |
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:- |
|
(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 subject to the provisions of Order 35 above at any time dissolve or
alter the membership of a committee. |
| 42. |
The Chairman and Vice-Chairman ex officio shall
be members of every committee. |
| 43. |
(a) |
The number of members appointed to any Committee, including persons who
are not members of the Council but excluding the Chairman and Vice-Chairman of the Council
shall be three unless the Council resolves otherwise |
|
(b) |
Any member of Council desirous of being appointed to a Committee or
Committees must either (i) put his candidature in writing to the Clerk before the Annual
Meeting of the Council at which standing committees are appointed, or (ii) declare it in
person to the Chairman at that meeting |
|
(c) |
Where the number of candidates for any committee exceeds the number of
places to be filled, appointments will be made by secret voting using a points ranking
system (e.g. for three candidates 3 = first choice, 2 = second choice and 1 = third
choice) in which candidates gaining the highest points arc elected. If there is a tie for
a remaining place a second vote will be taken for those candidates who tied, and if
another tie then occurs the Chairman will cast a deciding vote. |
| 44. |
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. |
| 45. |
The Chairman of a committee or the Chairman of
the Council may summon an additional meeting of that committee at any time. An additional
meeting shall also be summoned on the requisition in writing of not less than a quarter of
the members of the committee. The summons shall set out the business to be considered at
the special meeting and no other business shall be transacted at that meeting. |
| 46. |
Every committee may appoint sub-committees for
purposes to be specified by the committee. |
| 47. |
The Chairman and Vice-Chairman of the committee
shall be members of every sub-committee appointed by it unless they signify that they do
not wish to serve |
| 48. |
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-half of its
members. |
| 49. |
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 |
VOTING IN COMMITTEES
| 50. |
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. |
| 51. |
Chairman of committees and sub-committees shall in the case of an equality
of votes have a second or casting vote. |
PRESENCE OF NON-MEMBERS OF COMMITTEES
AT COMMITTEE MEETINGS
| 52. |
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. |
ACCOUNTS AND FINANCIAL STATEMENT
| 53. |
(a) |
Except as provided in paragraph (b) of this Standing Order or by statute,
all accounts for payment and claims upon the Council shall be laid before the Council |
|
(b) |
Where it is necessary to make a payment before it has been authorised by
the Council, such payment shall be certified as to its correctness and urgency by the
appropriate officer. Such payment shall be authorised by the committee, if any, having
charge of the business to which it relates, or by the proper officer for payments with the
approval of the Chairman or Vice-Chairman of the Council |
|
(c) |
All payments ratified under sub-paragraph (b) of this Standing Order shall
be separately included in the next schedule of payments laid before the Council. |
| 54. |
The Clerk shall supply to each member at the
ordinary meeting next after the end of the Financial Year a statement of receipts and
payments. |
ESTIMATES
| 55. |
The Council shall approve written estimates for the coming financial year
at its meeting in the month of November |
INTERESTS
| 56. |
If any member has any pecuniary interest, direct
or indirect, within the meaning of sections 94-95 of the Local Government Act, 1972, in
any contract proposed contract or other matter, he shall, while it is under consideration
by the Council, withdraw from the meeting unless the interest is trivial in the manner
described in section 97(5) or: |
|
(a) |
The disability imposed upon him by those sections has been removed by the
District Council or |
|
(b) |
The Council invite him to remain; or |
|
(c) |
The contract, proposed contract or other matter is under consideration as
part of the report of a committee and is not itself the subject of debate. |
| 57. |
The Clerk shall record in a book to be
kept for the purpose, particulars of any notice given by any member or any officer of the
Council of a pecuniary interest in a contract, and the book shall be open during
reasonable hours of the day for the inspection of any member. |
| 58. |
If any member has a non-pecuniary interest
within the ambit of the National Code of Local Government Conduct he shall declare it. |
| 59. |
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 Standing Order 58 shall apply. |
|
The Clerk shall make known the purport of this
Standing Order to every candidate. |
CANVASSING OF AND RECOMMENDATIONS BY
MEMBERS
| 60. |
(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. |
| 61, |
|
Standing Orders Nos. 59 and 60 shall apply to tenders as if the person
making the tender were a candidate for an appointment. |
INSPECTION OF DOCUMENTS
| 62. |
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. |
| 63. |
All Minutes kept by the Council and by any committee shall be open
for the inspection of any member of the Council. |
UNAUTHORISED ACTIVITIES
| 64. |
No member of the Council or of any
committee or sub-committee shall in the name of or on behalf of the Council |
|
(a) |
inspect any lands or premises which the council has a right or duty to
inspect; or |
|
(b) |
issue orders, instructions or directions unless authorised to do so by the
Council or the relevant committee or sub-committee. |
ADMISSION OF THE PUBLIC AND PRESS TO
MEETINGS
| 65. |
The public 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 resolution: |
|
'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 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.) |
| 66. |
The Clerk shall afford to the press reasonable facilities for
taking their report of any proceedings at which they are entitled to be present. |
| 67. |
If a member of the public interrupts the proceedings at any meeting, the
Chairman may, after warning, order that he be removed from the Council Chamber. |
CONFIDENTIAL BUSINESS
| 68. |
(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
| 69. |
A notice of meeting shall be sent together with an invitation to attend to
the County Councillor for the county division and to the District Councillor or
Councillors for the district ward. |
| 70. |
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 Councillors for the ward as the case may require |
PLANNING APPLICATIONS
| 71. |
(a) |
The Clerk shall, as soon as it is received, enter in a book kept for the
purpose the following particulars of every planning application notified to the Council: |
|
|
| (i) |
the date on which it was received |
| (ii) |
the name of the applicant |
| (iii) |
the place to which it relates |
| (iv) |
a summary of the nature of the application |
|
|
(b) |
The Clerk shall refer every planning application to the Chairman of the
Planning Committee or in the Chairman's absence to the Vice-Chairman within 48 hours of
receiving it. |
STANDING ORDER ON CONTRACTS
| 71. |
(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 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 Order Nos 59, 60 and 61. |
CODE OF CONDUCT ON COMPLAINTS
| 73. |
The Council shall deal with complaints of maladministration allegedly
committed by the Council or by any officer or member in the manner recommended in Circular
2/86 issued by the National Association of Local Councils. |
VARIATION, REVOCATION AND SUSPENSION
OF STANDING ORDERS
| 74. |
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. |
| 75. |
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. |
STANDING ORDERS TO BE GIVEN TO MEMBERS
| 76. |
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. |
|