Standing Orders
Standing Orders
Grainthorpe Parish Council
For Information:
These Standing Orders incorporate various new requirements, such as those to be
observed under the new Code of Conduct (May 2007). Even if Standing Orders
have not been formally adopted, a chairman can use them as a basis for ruling on procedures if there is a dispute.
Some of the Standing Orders are compulsory as they are laid down in Acts of
Parliament. These are printed in bold type. These Standing Orders cannot be
altered.
Where the words “Local Councils” are used, it means Parish and Town Councils in England.
It is, of course, recognised that local councillors can be male or female. Therefore, wherever the masculine gender is used in this publication, this should be interpreted as also meaning the feminine gender, where appropriate
Index
Meetings 1 Expenditure 39
The Statutory Annual Meeting 2 Committees and Sub Committees 40
Chairman of the Meeting 4 Special Meeting 43
Proper Officer 5 Sub-Committees 44
Quorum of the Council 6 Advisory Committees 48
Voting 9 Voting in Committees 49
Order of Business 12 Presence of Non-Members of
Committees at Committee Meetings 51
Urgent Business 16 Accounts and Financial Statement 52
Resolutions Moved on Notice 17 Estimates/Precepts 54
Resolutions Moved without Notice 23 Interests 55
Questions 24 Canvassing of and
Recommendations by members 58
Right to make Representation 27 Inspection of Documents 60
Rules of Debate 28 Unauthorised Activities 62
Closure 31 Admission of the Public and Press to
Meetings 63
Disorderly Conduct 32 Confidential Business 66
Right to Reply 33 Liaison with County and District
Councillors 67
Alterations of Resolution 34 Planning Applications 69
Rescission of Previous Resolution 35 Financial Matters 70
Voting on Appointments 36 Code of Conduct on complaints 71
Discussions and Resolutions 37 Variation Revocation etc
Affecting employees of the Council 72
Resolutions on Expenditure 38 Standing order to Members 74
GRAINTHORPE PARISH COUNCIL - STANDING ORDERS
1. Meetings
Meetings of the Council shall be held at least four times in each
year, or as a majority of members of the Council direct.
Members apologies and reasons for non attendance should be directed to the Clerk,
in the first instance, or the Chairman, prior to the meeting. Reasons will not be minuted but will need to be approved.
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.
3.
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.
4.
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.
The first business to be transacted at the Annual Meeting will be the election of the
Chairman. (There is no maximum term but one could be inserted if required))
5.
Proper Officer
Where a statute, regulation or order confers function or duties on the proper officer
of the Council in the following cases, he/she 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 certify copies of bylaws made by the Council.
To sign and issue the summons to attend meetings of the Council.
To keep proper records for all Council meetings.
6.
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.
7.
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.
8.
For a quorum relating to a committee or sub-committee, please refer to Standing
Order 46.
9.
Voting
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. Such a request must be made before moving on to the next business.
11.
(i) Subject to (ii) and (iii) 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.
ii) 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.
(iii) The person presiding must give a casting vote whenever there is an
equality of votes in an election for Chairman.
12. Order of Business
At each Annual Parish Council 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 which have not
been received as provided by law shall be received.
e) To elect a Vice-Chairman of the Council.
f) To appoint representatives to outside bodies.
g) To appoint committees and sub-committees.
h) To consider the payment of any subscriptions falling to be paid annually.
i) To inspect any deeds and trust investments in the custody of the Council as
required;
And shall thereafter follow the order set out in the Standing Order 15
13.
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.
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. Standing Order 37 must be read in conjunction with this
requirement.
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 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.
16.
Urgent Business
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.
17.
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
or the mover has given notice in writing of its terms and has delivered the notice
to the Clerk at least seven clear days before the next meeting of the Council.
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 file for inspection by every member of the council.
19.
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.
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 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.
22.
Every resolution or recommendation shall be relevant to some subject over
which the Council has power or duties, which affects its area.
23.
Resolutions Moved Without Notice
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 motion.
l) To give leave to withdraw a resolution or amendment.
m) To extend the time limit for speeches.
n) To exclude the press and public. (see Standing Order 63 below)
o) To silence or eject from the meeting a member named for misconduct. (see
Standing Order 32 below)
p) To give the consent of the Council where such consent is required by these
Standing Orders.
q) To suspend any Standing Order. (see Standing Order 72 below)
r) To adjourn the meeting.
24.
Questions
A member may ask the Chairman of the Council or the Clerk any question
concerning the business of the Council, which, if not answered at the time
will be done within seven days, provided seven clear day’s notice of the
question has been given to the person to whom it is addressed.
25.
No questions not connected with business under discussion shall be asked
except during the part of the meeting set aside for questions.
26.
A person to whom a question has been put may decline to answer until the
next meeting of the council.
27.
Right to make Representation
1.
Any member of the public wishing to make representation to the council, on
an item which is considered to be the business of this Council, may speak at
the start of a Council meeting (a maximum period of time of 10 minutes per item)
and the councillors will formulate their comments later in the meeting. Members of the
Council will be allowed, at the discretion of the Chair, to ask questions to the
members of the public.
2.
Where a ‘group’ of members of the public wishes to make representation on
an item which is considered to be the business of this Council, and is listed
on the agenda, they will be required to nominate a representative, from
among themselves, to speak to express the views of the group.
3.
The total time allowed for questions/representations by members of the
public will be limited for any given item. The Chairman reserves
the right to limit the number of speakers on any given item of business and
his/her decision will be final.
4.
If, after speaking for the allotted time, any member of the public or group
persistently interrupts and does not usefully contribute to the debate; the
Chair, after due warning to that person/s, may order that they be removed
from the meeting and may adjourn the meeting for such a period as is
necessary to restore order.
5.
Any member of the Council, with a prejudicial interest in any item before the
Council, will be entitled to attend the meeting to make representation, give
evidence or answer questions in the same way as any member of the public
and under the same constraints laid down by the Council in these standing
orders, before leaving the council chamber.
A group shall be defined as any a number of persons bound together by a
common interest
28.
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.
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
declares his intention to do so, reserve his speech until a later period of the
debate.
c)
A member shall direct his speech to the question under discussion or to a
personal explanation or to a question of order.
d) No speech by a mover of a resolution shall exceed three minutes and no
other speech shall exceed three minutes except by consent of the Council.
e) An amendment shall be to leave out words or insert other words.
f)
An amendment shall not have the effect of negating the resolution before the
Council.
g) 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.
h) A further amendment shall not be moved until the Council has disposed of
every amendment previously moved.
i) A member may speak on a point of order or a personal explanation.
j) A motion or amendment may be withdrawn by the proposer with the consent
of the Council.
k) 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 leaves 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) Any member may speak when invited by the Chairman. Discussion must take
place through the Chair. All members are expected to listen with courtesy
and the Chairman will refer to the rules of debate if necessary. Members are
expected to familiarise themselves with the rules of debate.
31.
Closure
After any matter that requires a vote has been discussed to the satisfaction of
the Chairman it shall be put into a suitable form of words for a vote. In the
event of there being insufficient information for a vote the matter may be
adjourned at the discretion of the Chairman. The motion to be voted on must
suggest a positive course of action e.g. It is resolved to spend £50 on a play
area; those for, against or abstaining.
(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 those members not present at the date of the continuation of the
meeting)
32. Disorderly Conduct
a) All members must observe the Code of Conduct 2007, including Clause
12.2, which was adopted by this Council at the September 2007 meeting of the
Council, a copy of which is annexed to these Standing Orders.
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.
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
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.
33. Right of Reply
The mover of a resolution shall have a right to reply, limited to 5 minutes,
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 a new matter. After the right of reply has been exercised or
waived, a vote shall be taken without further discussion.
34. Alteration of Resolution
A member may, with the consent of his seconder, move amendments to his
own resolution.
35. Rescission of Previous Resolution
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.
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.
36. 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.
37.
Discussions and Resolutions Affecting Employees of the Council
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 press and public shall be
excluded. (See Standing Order No. 63)
38.
Resolutions on Expenditure
Any matter which will substantially exceed the amount budgeted for will be
suspended until a full discussion has taken place. Similarly, any unforeseen
surplus will not be spent until after full discussion.
39.
Expenditure
Orders for the payment of money shall be authorised by resolution of
the Council and signed by two members or one member and the Clerk.
If a cheque is signed between meetings this will be ratified at the following meeting.
40.
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:
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 should elect a Chairman from amongst the Parish Councillors on the
Committee
c)
May subject to the provisions of Standing Order 35 above at any time dissolve
or alter the membership of committee.
41.
The Chairman and/or Vice-Chairman, ex-officio, shall be voting members of
every committee.
42.
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.
43.
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.
44.
Sub-Committees
Every committee may appoint sub-committees for purposes to be specified by
the committee.
45.
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.
46.
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.
47.
The Standing Orders on rules of debate (except those parts relating to
standing and to speaking more than once) and the Standing Order on
interests of members in contracts and other matters shall apply to committee
and sub-committee meetings.
48.
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.
49.
Voting in Committees
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.
50.
Chairmen of committees and sub-committees shall in the case of an
equality of votes have a second or casting vote.
51.
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.
52.
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 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.
53.
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, duly audited.
54.
Estimates / 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 or organisation desiring to incur expenditure shall give the
Clerk a written estimate of the expenditure recommended for the coming year
no later than December.
55.
Interests
If a member has a personal interest as defined by the Code of Conduct,
adopted by the Council at its September 2007 meeting, then he shall declare
such interest as soon as it becomes apparent, disclosing the existence
and nature of that interest as required.
56.
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.
57.
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 a relationship to a member is disclosed, Standing Orders
55 shall apply as appropriate. The Clerk shall make known the purpose of
Standing Order 57 to every candidate.
58.
Canvassing of and Recommendations by Members
1) 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 subparagraph
of this Standing Order to every candidate.
2) 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.
59.
Standing Order Nos. 57 & 58 shall apply to tenders as if the person making
the tender were a candidate for an appointment.
60.
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.
61.
All minutes kept by the Council and by any committee shall be open for
the inspection of any member of the Council.
62.
Unauthorised Activities
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 subcommittee.
63.
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] [confidential] 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”
64.
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.
65.
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.
66.
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.
67.
Liaison with District/County Councillors
A summons and Agenda for each meeting shall be sent, together with an
invitation to attend, to the District/County Councillor for the appropriate
division or ward.
68.
Unless the Council otherwise orders, a copy of each letter ordered to be sent
to the District/County Council shall be transmitted to the District/County
Councillor for the division.
69.
Planning Applications
1) The Clerk shall, as soon as it is received, enter details in a file 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 refer every planning application received to the Chairman /
Chairman of the Planning Committee or in the Chairman’s absence to the
Vice-Chairman within 72 hours of receipt.
3) Whenever time constraints permit planning applications will be discussed at the next
Parish Council meeting.
4) When it is obvious that time constraints cannot be met due to the timings of Parish Council meeting
then the Clerk will ask for Councillors to forward their comments back to him/her for collation and submission.
It is advisable, but not essential, for Councillors to ‘cc’ all other Councillors into their
comments to the Clerk.
5. Clerk will collate comments and write submission, if it is appropriate ie mixed views or lots of comments, then submission will be forwarded back to Councillors for comments/amendments before Clerk makes final submission of consultee comments to ELDC Planning Dept.
6. Applications dealt with in this way will be reported but not discussed further at the next Parish Council meeting.
70.
Financial Matters
The Council shall consider and approve Financial Regulations, including
contracts procedures, drawn up by the Responsible Financial Officer, and
which are attached to these Standing Orders.
Equipment exceeding the value of £999 purchased by the Council should be
subject to a tendering process usually with three tenders offered if possible.
a) The Council is not bound to accept the lowest tender
b) If no tenders are received or if all the tenders are identical, the Council
may make such arrangements for procuring the goods or services or
executing the works as it thinks fit.
c) A notice issued under this standing order shall contain a statement of the
effect of Standing Order Nos. 57, 58 and 59
71.
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).
72.
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.
73.
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.
74.
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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