GEDNEY PARISH COUNCIL
STANDING ORDERS 2020
Version Number |
Date Approved |
Amendments made |
Next review Date |
V1 |
August 2020 |
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May 2021 |
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May 2021 |
No |
May 2022 |
V2 |
March 2022 |
Yes |
May 2023 |
V3 |
May 2023 |
Yes |
May 2024 |
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1. RULES OF DEBATE AT
MEETINGS
2. DISORDERLY CONDUCT AT
MEETINGS
4. COMMITTEES AND
SUB-COMMITTEES
6. EXTRAORDINARY MEETINGS
OF THE COUNCIL, COMMITTEES AND SUB-COMMITTEES
9. MOTIONS FOR A MEETING
THAT REQUIRE WRITTEN NOTICE TO BE GIVEN TO THE PROPER OFFICER
10. MOTIONS AT A MEETING
THAT DO NOT REQUIRE WRITTEN NOTICE
13. CODE OF CONDUCT AND
DISPENSATIONS
14. CODE OF CONDUCT
COMPLAINTS
16. RESPONSIBLE FINANCIAL
OFFICER
17. ACCOUNTS AND ACCOUNTING
STATEMENTS
18. FINANCIAL CONTROLS AND
PROCUREMENT
20. RESPONSIBILITIES TO
PROVIDE INFORMATION
21. RESPONSIBILITIES
UNDER DATA PROTECTION LEGISLATION
22. RELATIONS WITH THE
PRESS/MEDIA
23. EXECUTION AND SEALING
OF LEGAL DEEDS
24. COMMUNICATING WITH
DISTRICT AND COUNTY OR UNITARY COUNCILLORS
25. RESTRICTIONS ON
COUNCILLOR ACTIVITIES
a
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.
b
A motion
(including an amendment) shall not be progressed unless it has been moved and
seconded.
c
A motion on
the agenda that is not moved by its proposer may be treated by the chairman of
the meeting as withdrawn.
d
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(including an amendment) has been seconded, it may be withdrawn by the proposer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.
e
An
amendment is a proposal to remove or add words to a motion. It shall not negate
the motion.
f
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.
g
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.
h
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.
i
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.
j
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.
k
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.
l
A
councillor may not move more than one amendment to an original or substantive
motion.
m
The mover
of an amendment has no right of reply at the end of debate on it.
n
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.
o
Unless
permitted by the chairman of the meeting, a councillor may speak once in the
debate on a motion except:
i.
to speak on
an amendment moved by another councillor;
ii.
to move or
speak on another amendment if the motion has been amended since he last spoke;
iii.
to make a
point of order;
iv.
to give a
personal explanation; or
v.
to exercise
a right of reply.
p
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.
q
A point of
order shall be decided by the chairman of the meeting and his decision shall be
final.
r
When a
motion is under debate, no other motion shall be moved except:
i.
to amend
the motion;
ii.
to proceed
to the next business;
iii.
to adjourn
the debate;
iv.
to put the
motion to a vote;
v.
to ask a
person to be no longer heard or to leave the meeting;
vi.
to refer a
motion to a committee or sub-committee for consideration;
vii.
to exclude
the public and press;
viii.
to adjourn
the meeting; or
ix.
to suspend
particular standing order(s) excepting those which reflect mandatory statutory or
legal requirements.
s
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.
t
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 ( 3 ) minutes without the consent
of the chairman of the meeting.
a
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.
b
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.
c
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.
Full Council meetings ●
Committee meetings +
Sub-committee meetings =
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a
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. |
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b
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. |
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c
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 . |
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d
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. |
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e
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. |
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f
The
period of time designated for public participation at a meeting in accordance
with standing order 3(e) shall not exceed 15 minutes unless directed by the
chairman of the meeting. |
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g
Subject
to standing order 3(f), a member of the public shall not speak for more than 5
minutes. |
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h
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. |
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i
A
person shall raise his hand when requesting to speak . |
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j
A
person who speaks at a meeting shall direct his comments to the chairman of
the meeting. |
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k
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. |
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l
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. |
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m
A
person present at a meeting may not provide an oral report or oral commentary
about a meeting as it takes place without permission. |
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n
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. |
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o
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). |
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p
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. |
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q
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. |
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r
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. |
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s
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. |
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t
The minutes of a meeting shall include an accurate
record of the following: i.
the time and place of the meeting; ii.
the names of councillors who are present and the names of councillors who are absent;
iii.
interests
that have been declared by councillors and non-councillors with voting
rights; iv.
the
grant of dispensations (if any) to councillors and non-councillors with
voting rights; v.
whether
a councillor or non-councillor with voting rights left the meeting when
matters that they held interests in were being considered; vi.
if
there was a public participation session; and vii.
the
resolutions made. |
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u
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. |
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v
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. |
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w
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. The Clerk in consultationwith the Chairman ans vice Chairman
shall be authorised to progress any business that is considered essential to
the continued running of the Council (subject to s101 LGA1972). |
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x
A
meeting shall not exceed a period of 2 hours without the opportunity of a
short break. |
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a
Unless the Council
determines otherwise, a committee may appoint a sub-committee whose terms of
reference and members shall be determined by the committee.
b
The members of
a committee may include non-councillors unless it is a committee which
regulates and controls the finances of the Council.
c
Unless the Council
determines otherwise, all the members of an advisory committee and a
sub-committee of the advisory committee may be non-councillors.
d
The Council
may appoint standing committees or other committees as may be necessary, and:
i.
shall
determine their terms of reference;
ii.
shall
determine the number and time of the ordinary meetings of a standing committee
up until the date of the next annual meeting of the Council;
iii.
shall
permit a committee, other than in respect of the ordinary meetings of a
committee, to determine the number and time of its meetings;
iv.
shall,
subject to standing orders 4(b) and (c), appoint and determine the terms of
office of members of such a committee;
v.
may,
subject to standing orders 4(b) and (c), appoint and determine the terms of
office of the substitute members to a committee whose role is to replace the
ordinary members at a meeting of a committee if the ordinary members of the
committee confirm to the Proper Officer 10 days before the meeting that they
are unable to attend;
vi.
shall,
after it has appointed the members of a standing committee, appoint the
chairman of the standing committee;
vii.
shall
permit a committee other than a standing committee, to appoint its own chairman
at the first meeting of the committee;
viii.
shall
determine the place, notice requirements and quorum for a meeting of a
committee and a sub-committee which, in both cases, shall be no less than
three;
ix.
shall
determine if the public may participate at a meeting of a committee;
x.
shall
determine if the public and press are permitted to attend the meetings of a
sub-committee and also the advance public notice requirements, if any, required
for the meetings of a sub-committee;
xi.
shall
determine if the public may participate at a meeting of a sub-committee that
they are permitted to attend; and
xii.
may
dissolve a committee or a sub-committee.
a
In an
election year, the annual meeting of the Council shall be held on or within 14
days following the day on which the councillors elected take office.
b
In a
year which is not an election year, the annual meeting of the Council shall be held
on such day in May as the Council decides.
c
If no
other time is fixed, the annual meeting of the Council shall take place at 6pm.
d
In
addition to the annual meeting of the Council, at least three other ordinary
meetings shall be held in each year on such dates and times as the Council decides.
e
The
first business conducted at the annual meeting of the Council shall be the
election of the Chairman and Vice-Chairman (if there is one) of the Council.
f
The
Chairman of the Council, unless he has resigned or becomes disqualified, shall
continue in office and preside at the annual meeting until his successor is
elected at the next annual meeting of the Council.
g
The
Vice-Chairman of the Council, if there is one, unless he resigns or becomes
disqualified, shall hold office until immediately after the election of the
Chairman of the Council at the next annual meeting of the Council.
h
In an
election year, if the current Chairman of the Council has not been re-elected
as a member of the Council, he shall preside at the annual meeting until a
successor Chairman of the Council has been elected. The current Chairman of the
Council shall not have an original vote in respect of the election of the new
Chairman of the Council but shall give a casting vote in the case of an
equality of votes.
i
In an
election year, if the current Chairman of the Council has been re-elected as a
member of the Council, he shall preside at the annual meeting until a new
Chairman of the Council has been elected. He may exercise an original vote in
respect of the election of the new Chairman of the Council and shall give a
casting vote in the case of an equality of votes.
j
Following
the election of the Chairman of the Council and Vice-Chairman (if there is one)
of the Council at the annual meeting, the business shall include:
i.
In an election year, delivery by the
Chairman of the Council and councillors of their acceptance of office forms
unless the Council resolves for this to be done at a later date. In a year
which is not an election year, delivery by the Chairman of the Council of his
acceptance of office form unless the Council resolves for this to be done at a
later date;
ii.
Confirmation
of the accuracy of the minutes of the last meeting of the Council;
iii.
Receipt of
the minutes of the last meeting of a committee;
iv.
Consideration
of the recommendations made by a committee;
v.
Review of
delegation arrangements to committees, sub-committees, staff and other local
authorities;
vi.
Review of
the terms of reference for committees;
vii.
Appointment
of members to existing committees;
viii.
Appointment
of any new committees in accordance with standing order 4;
ix.
Review and
adoption of appropriate standing orders and financial regulations;
x.
Review of
arrangements (including legal agreements) with other local authorities, not-for-profit
bodies and businesses.
xi.
Review of
representation on or work with external bodies and arrangements for reporting
back;
xii.
In an
election year, to make arrangements with a view to the Council becoming
eligible to exercise the general power of competence in the future;
xiii.
Review of
inventory of land and other assets including buildings and office equipment;
xiv.
Confirmation
of arrangements for insurance cover in respect of all insurable risks;
xv.
Review of
the Council’s and/or staff subscriptions to other bodies;
xvi.
Review of
the Council’s complaints procedure;
xvii.
Review of
the Council’s policies, procedures and practices in respect of its obligations under
freedom of information and data protection legislation (see also standing orders 11, 20 and 21);
xviii.
Review of
the Council’s policy for dealing with the press/media;
xix.
Review of
the Council’s employment policies and procedures;
xx.
Review of the
Council’s expenditure incurred under s.137 of the Local Government Act 1972 or
the general power of competence.
xxi. Determining the
time and place of ordinary meetings of the Council up to and including the next
annual meeting of the Council.
a
The Chairman
of the Council may convene an extraordinary meeting of the Council at any time.
b
If the
Chairman of the Council does not call an extraordinary meeting of the Council
within seven days of having been requested in writing to do so by two councillors,
any two councillors may convene an extraordinary meeting of the Council. The
public notice giving the time, place and agenda for such a meeting shall be
signed by the two councillors.
c
The
chairman of a committee [or a sub-committee] may convene an extraordinary
meeting of the committee [or the sub-committee] at any time.
d
If the
chairman of a committee [or a sub-committee] does not call an extraordinary
meeting within 7 days of having been requested to do so by 2 members of the
committee [or the sub-committee], any 2 members of the committee [or the
sub-committee] may convene an extraordinary meeting of the committee [or a
sub-committee].
a
A
resolution shall not be reversed within three 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.
b
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.
a
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.
a
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.
b
No new 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 8 clear days
before the meeting. Clear days do not include the day of the notice or the day
of the meeting. This does not include ongoing projects.
c
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.
d
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 8 clear days before the meeting.
e
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.
f
The
decision of the Proper Officer as to whether or not to include the motion on
the agenda shall be final.
a
The following
motions may be moved at a meeting without written notice to the Proper Officer:
i.
to correct
an inaccuracy in the draft minutes of a meeting;
ii.
to move to
a vote;
iii.
to defer
consideration of a motion;
iv.
to refer a
motion to a particular committee or sub-committee;
v.
to appoint
a person to preside at a meeting;
vi.
to change
the order of business on the agenda;
vii.
to proceed
to the next business on the agenda;
viii.
to require
a written report;
ix.
to appoint
a committee or sub-committee and their members;
x.
to extend
the time limits for speaking;
xi.
to exclude
the press and public from a meeting in respect of confidential or other
information which is prejudicial to the public interest;
xii.
to not hear
further from a councillor or a member of the public;
xiii.
to exclude
a councillor or member of the public for disorderly conduct;
xiv.
to
temporarily suspend the meeting;
xv.
to suspend
a particular standing order (unless it reflects mandatory statutory or legal
requirements);
xvi.
to adjourn
the meeting; or
xvii.
to close
the meeting.
See also standing order 20.
a
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.
b
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).
c
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.
d
Councillors, staff, the Council’s contractors
and agents shall not disclose confidential information or personal data without
legal justification.
Full Council meetings ●
Committee meetings +
Sub-committee
meetings =
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a
If the draft minutes of a preceding meeting have
been served on councillors with the agenda to attend the meeting at which
they are due to be approved for accuracy, they shall be taken as read. |
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b
There
shall be no discussion about the draft minutes of a preceding meeting except
in relation to their accuracy. A motion to correct an inaccuracy in the draft
minutes shall be moved in accordance with standing order 10(a)(i). |
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c
The
accuracy of draft minutes, including any amendment(s) made to them, shall be
confirmed by resolution and shall be signed by the chairman of the meeting
and stand as an accurate record of the meeting to which the minutes relate. |
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d
If
the chairman of the meeting does not consider the minutes to be an accurate
record of the meeting to which they relate, he shall sign the minutes and
include a paragraph in the following terms or to the same effect: “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.” |
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e
If the Council’s gross annual income or
expenditure (whichever is higher) does not exceed £25,000, it shall publish
draft minutes on a website which is publicly
accessible and free of charge not later than one month after the meeting has
taken place. |
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f
Subject
to the publication of draft minutes in accordance with standing order 12(e)
and standing order 20(a) and following a resolution which confirms the
accuracy of the minutes of a meeting, the draft minutes or recordings of the
meeting for which approved minutes exist shall be destroyed. |
a
All councillors and non-councillors with voting rights shall observe the code
of conduct adopted by the Council.
b
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.
c
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.
d
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.
e
A decision
as to whether to grant a dispensation shall be made by the Proper Officer and
that decision is final.
f
A
dispensation request shall confirm:
i.
the
description and the nature of the disclosable pecuniary interest or other
interest to which the request for the dispensation relates;
ii.
whether the
dispensation is required to participate at a meeting in a discussion only or a
discussion and a vote;
iii.
the date of
the meeting or the period (not exceeding four years) for which the dispensation
is sought; and
iv.
an
explanation as to why the dispensation is sought.
g
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] OR [at the beginning of the meeting of the Council,
or committee or sub-committee for which the dispensation is required].
h
A dispensation may be granted in accordance with
standing order 13(e) if having regard to all relevant circumstances any of the
following apply:
i.
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;
ii.
granting the dispensation is in the interests of
persons living in the Council’s area; or
iii.
it is otherwise appropriate to grant a dispensation.
a
Upon
notification by the District or Unitary Council that it is dealing with a
complaint that a councillor or non-councillor with voting rights has breached
the Council’s code of conduct, the Proper Officer shall, subject to standing
order 11, report this to the Council.
b
Where the
notification in standing order 14(a) relates to a complaint made by the Proper
Officer, the Proper Officer shall notify the Chairman of Council of this fact,
and the Chairman shall nominate another staff member to assume the duties of
the Proper Officer in relation to the complaint until it has been determined and
the Council has agreed what action, if any, to take in accordance with standing
order 14(d).
c
The Council
may:
i.
provide information or evidence where such disclosure is necessary to investigate
the complaint or is a legal requirement;
ii.
seek
information relevant to the complaint from the person or body with statutory
responsibility for investigation of the matter;
d
Upon notification by the District or
Unitary Council that a councillor or non-councillor with voting rights has
breached the Council’s code of conduct, the Council shall consider what, if
any, action to take against him. Such action excludes disqualification or
suspension from office.
a
The Proper
Officer shall be either (i) the clerk or (ii) other staff member(s) nominated
by the Council to undertake the work of the Proper Officer when the Proper
Officer is absent.
b
The Proper
Officer shall:
i.
at
least three clear days before a meeting of the council, a committee or a sub-committee,
·
serve
on councillors by delivery or post at their residences or by email 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
·
Provide,
in a conspicuous place, public notice of the time, place and agenda (provided
that the public notice with agenda of an extraordinary meeting of the Council
convened by councillors is signed by them).
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;
ii.
subject to
standing order 9, include on the agenda all motions in the order received
unless a councillor has given written notice at least 8 days before the meeting
confirming his withdrawal of it;
iii.
convene
a meeting of the Council for the election of a new Chairman of the Council,
occasioned by a casual vacancy in his office;
iv.
facilitate inspection of the minute book
by local government electors;
v.
receive
and retain copies of byelaws made by other local authorities;
vi.
hold acceptance of office forms
from councillors;
vii.
hold a copy
of every councillor’s register of interests;
viii. assist with responding to requests made
under freedom of information legislation and rights exercisable under data
protection legislation, in accordance with the Council’s relevant policies and
procedures;
ix.
liaise, if appropriate,
with the Council’s Data Protection Officer;(if there
is one)
x.
receive and
send general correspondence and notices on behalf of the Council except where
there is a resolution to the contrary;
xi.
assist in the
organisation of, storage of, access to, security of and destruction of
information held by the Council in paper and electronic form subject to the requirements
of data protection and freedom of information legislation and other legitimate requirements
(e.g. the Limitation Act 1980);
xii.
arrange for
legal deeds to be executed;
(see
also standing order 23);
xiii.
arrange or
manage the prompt authorisation, approval, and instruction regarding any
payments to be made by the Council in accordance with its financial
regulations;
xiv.
record
every planning application notified to the Council and the Council’s response
to the local planning authority in a book for such purpose;
xv.
all
planning applications received by the council should be circulated by the
Proper Officer to all members of the council. Any questions on planning
applications for SHDC planning Dept should be directed through the person
appointed by the council for this purpose.
xvi.
manage access
to information about the Council via the publication scheme; and See also Standing Order 22 below
a
The Council
shall appoint appropriate staff
member(s) to
undertake the work of the Responsible Financial Officer when the Responsible
Financial Officer is absent.
a
“Proper
practices” in standing orders refer to the most recent version of “Governance
and Accountability for Local Councils – a Practitioners’ Guide”.
b
All
payments by the Council shall be authorised, approved and paid in accordance
with the law, proper practices and the Council’s financial regulations.
c
The
Responsible Financial Officer shall supply to each councillor as soon as
practicable after 30 June, 30 September and 31 December in each year a
statement to summarise:
i.
the Council’s
receipts and payments (or income and expenditure) for each quarter;
ii.
the Council’s
aggregate receipts and payments (or income and expenditure) for the year to
date;
iii.
the
balances held at the end of the quarter being reported and
which
includes a comparison with the budget for the financial year and highlights any
actual or potential overspends.
d
As soon as
possible after the financial year end at 31 March, the Responsible Financial
Officer shall provide:
i.
each
councillor with a statement summarising the Council’s receipts and payments (or
income and expenditure) for the last quarter and the year to date for
information; and
ii.
to the Council
the accounting statements for the year in the form of Section 2 of the annual governance and accountability
return, as required by proper practices, for consideration and approval.
e
The year-end
accounting statements shall be prepared in accordance with proper practices and
apply the form of accounts determined by the Council (receipts and payments, or
income and expenditure) for the year to 31 March. A completed draft 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.
a.
The Council
shall consider and approve financial regulations drawn up by the Responsible
Financial Officer, which shall include detailed arrangements in respect of the
following:
i.
the keeping
of accounting records and systems of internal controls;
ii.
the
assessment and management of financial risks faced by the Council;
iii.
the work of
the independent internal auditor in accordance with proper practices and the
receipt of regular reports from the internal auditor, which shall be required
at least annually;
iv.
the
inspection and copying by councillors and local electors of the Council’s
accounts and/or orders of payments; and
v.
whether
contracts with an estimated value below £25,000
due to special circumstances are exempt from a tendering process or procurement
exercise.
b.
Financial
regulations shall be reviewed regularly and at least annually for fitness of
purpose.
c.
A public
contract regulated by the Public
Contracts Regulations 2015 with an estimated value in excess of £30,000 (£25,000
plus VAT )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. Unless it proposes to use an existing list of
approved suppliers (framework agreement).
d.
Subject to
additional requirements in the financial regulations of the Council, the tender
process for contracts
for the supply of goods, materials, services or the execution of works shall
include, as a minimum, the following steps:
i.
a
specification for the goods, materials, services or the execution of works
shall be drawn up;
ii.
an
invitation to tender shall be drawn up to confirm (i) the Council’s
specification (ii) the time, date and address for the submission of tenders
(iii) the date of the Council’s written response to the tender and (iv) the
prohibition on prospective contractors contacting councillors or staff to
encourage or support their tender outside the prescribed process;
iii.
the
invitation to tender may be advertised in a local newspaper and in any other
manner that is appropriate;
iv.
tenders are
to be submitted in writing in a sealed marked envelope addressed to the Proper
Officer;
v.
tenders
shall be opened by the Proper Officer in the presence of at least one
councillor after the deadline for submission of tenders has passed;
vi.
tenders are
to be reported to and considered by the appropriate meeting of the Council or a
committee or sub-committee with delegated responsibility.
e.
Neither the
Council, nor a committee or a sub-committee with delegated responsibility for
considering tenders, is bound to accept the lowest value tender.
f.
A public
contract regulated by the Public
Contracts Regulations 2015 with an estimated value in excess of £213,477 for a
public service or supply contract or in excess of £5,336,937 for a
public works contract or £663,540 for a
social and other specific service contracts(or other thresholds determined by
Parliment) 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 the UK e notification service
(Find a Tender).
g.
A public contract 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 £426,955 for a supply, services or design contract; or in excess of £5336,937 for a works contract; or £663,540
for a social and other specific services contract (or other thresholds
determined by Parliment) shall comply with the relevant procurement procedures
and other requirements in the Utilities Contracts Regulations 2016.
a
A matter
personal to a member of staff that is being considered by a meeting of the
Personel Panel is subject to standing order 11.
b
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 if he is not
available, the vice-chairman (if there is one) of absence occasioned by illness
or other reason and that person shall report such absence to Council at its
next meeting.
c
The Council
upon resolution will appoint a personnel panel to conduct a review of the
performance and annual appraisal of the work of [the clerk]. The reviews and
appraisal shall be reported in writing and is subject to approval by resolution
by the council.
d
Subject to
the Council’s policy regarding the handling of grievance matters, the Council’s
most senior member of staff shall contact the chairman of [the Council r in his
absence, the vice-chairman of the Counci in respect of an informal or formal
grievance matter, and this matter shall be reported back and progressed by
resolution of the Council.
e
Subject to
the Council’s policy regarding the handling of grievance matters, if an
informal or formal grievance matter raised by the Clerk 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.
f
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.
g
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).
See
also standing order 21.
a
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.
b.
[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.
OR
[If
gross annual income or expenditure (whichever is the higher) exceeds £200,000] The Council, shall publish information in
accordance with the requirements of the
Local Government (Transparency Requirements) (England) Regulations 2015.
(Below is not an
exclusive list).
See also standing order 11.
a
The Council may appoint a Data Protection Officer.
b
The Council shall have policies and procedures in place to
respond to an individual exercising statutory rights concerning his personal
data.
c
The Council shall have a written policy in place for
responding to and managing a personal data breach.
d
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.
e
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.
f
The Council shall maintain a written record of its
processing activities.
a
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.
See also standing orders 15(b)(xii) and
(xvii).
a
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.
a
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 OR Unitary
Council representing the area of the Council.
b Unless the Council
determines otherwise, a copy of each letter sent to the District and County
Council OR Unitary Council shall be sent to the ward councillor(s) representing
the area of the Council.
a.
Unless duly
authorised no councillor shall:
i.
inspect any
land and/or premises which the Council has a right or duty to inspect; or
ii.
issue
orders, instructions or directions.
a
All or part
of a standing order, except one that incorporates mandatory statutory or legal requirements,
may be suspended by resolution in relation to the consideration of an item on
the agenda for a meeting.
b
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 above.
c
The Proper
Officer shall provide a copy of the Council’s standing orders to a councillor
as soon as possible.
d
The
decision of the chairman of a meeting as to the application of standing orders
at the meeting shall be final.