Standing Orders
Some of the Standing Orders are compulsory as they are laid down in Acts of Parliament. These are printed in bold type
MEETINGS
1. Meetings of the Council shall be held in the Methodist Church Hall School Room, Bicker, at 7 o’clock in the evening, on the second Thursday of each Month unless the Council decides otherwise at a previous meeting. Three clear days’ notice shall be given.
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 the second Thursday in May.
3. In addition to the Annual Parish Council meeting, three other statutory meetings shall be held on the second Thursday of the months at the Councils descretion.
4. Additional meetings shall be held on the second Thursday of the month at the Councils descretion.
5. CHAIRMAN OF MEETING
. The person presiding at the 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, she 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 and other documents on behalf of the Council
(e) To receive copies of byelaws made by another local authority.
(f) To sign, date and issue summons to attend meetings of the council by post or electronically serve the notice provided any such email contains the electronic signature of the Proper Officer
(g) To receive and make all communications,
(h) To keep proper records for all Council meetings
(i) To receive/make communications from LALC with copy to Chair as if when required
QUORUM
7. Four members shall constitute a quorum, but a motion to suspend standing orders shall not be moved unless there are at least two thirds of the members present.
8. If a quorum is not present when the Council meets or if during a meeting the number of councillors present falls below the quorum, the business not transacted at that meeting shall be transacted at the next meeting or on such other day as the Chairman may fix.
VOTING
9. Members shall vote by the show of hands, or, if at least two members request by signed ballot.
10. If a member so requires, the Clerk shall record the names of the members who vote on any question so as to show whether they voted for or against it. Such a request should be made before moving on to next business.
11. (a) subject to (b) and (c) 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
(b) Subject to (c) below the Chairman may not give an original vote in the election of the Chairman on any occasion when he will himself immediately after such election retire from the Council.
(c) in any case of equality votes, the Chairman may give a casting vote.
Order of business
12. 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 received, to decide when it will 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 declaration of acceptance of office and written undertakings to observe the code of conduct adopted by the Council 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 of outside bodies
(g) To appoint representatives of committees and sub committees
(g) To consider payment of any subscriptions falling to be paid annually
(h) To inspect any deeds and trust instruments in the custody of the Council and shall thereafter follow the order set out in 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 are 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 that the meeting at which estimates for next year are settled, the Council shall review the pay and conditions of service of existing employees. Standing Order 35 must be read in conjunction with this requirement.
15. After the first business has been complete, 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 that 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 residing Chairman as a correct record
(c) To deal with business expressly required by statue to be done.
(d) To answer questions from Councillors
(e) To dispose of business, if any, remaining from the last meeting
(f) To receive and consider reports and minutes of committees.
(g) To receive and consider reports from Officers of the Council
(h) To authorise the sealing of documents
(i) To authorise the signing of orders for payment.
(j) To consider motions or recommendations in the order in which they have been notified.
(k) Any other business specified in the summons
16. A motion to vary the order of the business on the ground of urgency
(a) may be proposed by the Chairman or by any member, 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 mover has given notice in writing of it’s 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 motion or recommendation when received by her, 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 insert in every summons for every meeting all notice of motion property given in the order in which they have been received unless the member giving notice of motion has stated in writing that he intends to move at some later meeting or that he withdraw it.
20 If a resolution or recommendation specified in the summons be not moved, 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 question over which the Council has power or which affects its area.
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 a debate
(g) To refer the matter to a committee
(h) To appoint a committee or any members thereof
(i) To adopt a report
(j) To authorise sealing of documents
(k) To amend a motion
(l) To give leave to withdraw a motion or amendment
(m) To extend the time limit for speeches
(n) To consider otherwise than in committee a question affecting an employee of the Council
(o) To discuss matters of extreme urgency
(p) To exclude the press
(q) To exclude the public
(r) To silence or eject from the meeting a member named for misconduct
(s) To invite a member having an interest in the subject matter under debate to remain.
(t) To give the consent of the Council where such consent is required in these standing orders.
QUESTIONS
23. A member may ask the Chairman of the Council or the Clerk any questions concerning the business of the Council, providing 7 clear day’s notice of the question has been given to the person to whom it is addressed.
24. A member with or without notice may ask the Chairman of a Committee any question upon the proceedings of the committee then before the Council if the question is put before the Council’s consideration of those proceedings is finished.
25. Every question shall be put and answered without discussion.
26. A person to whom a question has been put may decline to answer.
RULES OF DEBATE
27. 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.
28. (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.
(c) If two or more members rise, the Chairman shall call on one of them to speak and the others shall resume their seats.
(d) Whenever the Chairman, rises during a debate all other members shall be seated, and silent,
CLOSURE
29 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 and if the Chairman is of the opinion that the question before the Council has been sufficiently debated (but not otherwise), he shall forthwith put the motion “that this 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.
DISORDERLY CONDUCT
30 (a) no member shall misconduct himself at a meeting by persistently disregarding the ruling of the Chairman, by wilfully obstructing business, or by behaving 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 so misconducted himself 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 forth with and without discussion. If a member reasonably believes another person is in breach of the Code of Conduct, that member is under a duty to report the breach to the Standards Board (England)
(c)If either of the motions mention in paragraph (b) is disobeyed, the Chairman may suspend the meeting or take such further steps as may be reasonably to enforce them.
All members must observe the amended Local Authorities (Model Code of Conduct) Order 2011 No. 1159 for parish councils, which were adopted by the council on 26th June 2007, a copy of which is annexed to these Standing Orders.
RIGHT OF REPLY
31 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 entitle to reply immediately before the amendment is put to the vote. A member exercising a right of reply has been exercised or waived, a vote shall be taken without further discussion.
ALTERATION OF RESOLUTION
32 A member may, with the consent of his seconded, move amendments to his own resolution.
RECISSION OF PREVIOUS RESOLUTION
33 (a) A decision (whether affirmative or negative) of the Council shall not be reversed within six months save by special resolution, the written notice where of bears the names of at least six members of the Council.
(b) When a special resolution has been disposed of, no similar resolution may be moved within a further six months.
(c) This Standing Order shall not apply to resolutions moved in pursuance of the report or recommendation of a committee.
VOTING ON APPOINTMENTS
34 Where more than two persons 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 the majority of votes is given in favour of one person.
DISCUSSION AND RESOLUTIONS AFFECTING
EMPLOYEES OF THE COUNCIL
35 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 should be excluded.
RESOLUTIONS ON EXPENDITURE
36. Any motion which, if carried, would be in the opinion of the Chairman substantially increase the expenditure upon any service which is under5 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.
EXPENDITURE
37 Orders for payment of money shall be authorised by resolution of the Council and signed by two members and the clerk, excepting utilities, which can be claimed by Direct Debit.
SEALING OF DOCUMENTS
38. A document shall not be sealed on behalf of the Council unless it’s sealing has been authorised by a resolution.
COMMITTESS AND SUB COMMITTEES
39 The Council may at the Annual Parish Council 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 and
(b) may at any time dissolve or alter the membership of that committee.
40. The Chairman shall be members of every committee.
41 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.
42. The Chairman of a committee or the chairman of the Council may summon a special meeting of that committee at any time. A special 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.
43. Every committee may appoint sub committees for purposes to be specified by the committee.
44. The Chairman and vice-chairman of the committee shall be members of ever sub-committee appointed unless they signify that they do not wish to serve.
45. 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.
46. 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 member in contracts and other matters shall apply to the committee and sub-committee meetings insofar as they are appropriate.
ADVISORY COMMITTEES
47 (1) There shall be advisory committees, whose name, and number of members shall be decided by the Council
(2) The Clerk shall inform members of each advisory committee of the terms of reference of the committee.
(3) An advisory committee may make recommendations and give notice thereof to the Council
(4) An advisory committee may consist wholly of persons who are not members of the Council.
VOTING IN COMMITTEE
48 Members of committees and sub-committees shall vote by show of hands.
49. Chairman of committees and sub-committees shall have a second or casting vote.
AT COMMITTEE MEETINGS
50. A member who has proposed a motion which has been referred to any committee of which he is not a member may explain his motion to the committee but shall not vote.
51. Any Council member shall, unless the Council otherwise orders, be entitled to be present as a spectator at the meetings of any committee or sub-committee of which he is not a member.
ACCOUNTS AND FINANCIAL STATEMENT
52. (a) Except as provided in paragraph (b) of this Standing Order or by statue, 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 is authorised by the Council, such payment shall be certified as to its correctiveness and urgency by the appropriate officer. Unless it has been otherwise authorised by the Council, payment shall be authorised by the committee if any, having charge of the business to which it relates or by the Chairman or Vice-Chairman of the Council.
(c) All payments authorised under sub-paragraph (b) of this Standing Order or made without authority of the Council shall be separately included in the next schedule of payment laid before the Council.
53. The Clerk shall supply to each member, as soon as practicable after 31st March a statement of receipts and payments of the Council for the completed financial year
ESTIMATES
54. Any committee desiring to incur expenditure to be defrayed out of rates shall, not later than January 1st, give to the Clerk a written estimate of the expenditure recommended for the coming year, and such estimate shall be submitted to the Council at its January meeting.
INTEREST
55 If any member has any pecuniary interest, direct or indirect, within the meaning of Section 94.95 of the Local Government Act 2011, in any contract, proposed contract or other matter, he shall, while it is under consideration by the Council, withdraw from the meeting unless:- If a member has declared a personal interest, then considers the interest to be prejudicial, may first speak on the issue before withdrawing from the meeting.
(a) The disability imposed upon him by those sections has been removed by the District Councillor: or
(b) The contact, proposed contract or other matter is under consideration as part of the report of a committee and is note itself the subject of debate. If a member has a personal interest as defined by the amended Local Authorities (Model Code of Conduct) Order 2007 No. 1159 for parish councils, which was adopted by the council on 26th June 2007, then they shall declare such interest as soon as it becomes apparent, disclosing the existence and nature of that interest as required. If a member declares a prejudicial interest, Paragraph 12(2) gives members with a prejudicial interest in a matter the same rights as members of the public to speak at a meeting on the matter. The members must then leave before the main discussion and voting takes place.
56. 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 inspection of any member.
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 to do so 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 the Standing Order on interest of members in contract and other matters shall apply. The Clerk shall make known the purport of this Standing Order to every candidate.
CANVASSING OF RECOMMENDATIONS BY MEMEBRS
58. (a) Canvassing of members or of any committee, directly or indirectly, for an appointment under the Council shall disqualify the candidate for such appointment. The Clerk shall make known the purport 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 testimony of the candidates ability, experience or character for submission to the Council with an application for an appointment.
59. Standing Order Nos. 56 & 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:-
62.1 Inspect any lands or premises which the Council has a right or duty to inspect; or
62.2 Issue orders, instructions or directions unless authorised to do so by the Council or the relevant committee or sub-committee.
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 and press 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”.
64.0 The Council committee or sub-committee shall state the special reason for exclusion.
65.0 At all meetings of the Council, the Chairman may at his/her discretion and at a convenient time in the transaction of business, adjourn the meeting so as to allow any members of the public to address the meeting in relation to the business to be transacted at that meeting.
66.0 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.
67.0 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.
68.0 Confidential Business
68.1 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.
68.2 Any member in breach of the provisions of paragraph 68.1 of this Standing Order shall be removed from any committee or sub-committee of the Council by the Council.
69.0 Liaison with County and District Councillors
A Summons and Agenda for each meeting shall be sent, together with an invitation to attend, to the County and Borough Councillors for the appropriate division or ward.
70.0 Unless the Council otherwise orders, a copy of each letter ordered to be sent to the County and Borough Council shall be transmitted to the County Councillor for the division or to the Borough Councillor for the ward as the case may require.
71.0 Planning Applications
71.1 The Clerk shall, as soon as it is received, enter in a book kept for the purpose the following particulars of every planning application notified to the Council:-
71.1.1 The date on which it was received
71.1.2 The name of the applicant
71.1.3 The place to which it relates
71.2 The Clerk shall notify the receipt of every planning application and send electronically to the whole Council within 48 hours of receipt. Electronic replies shall be collated by the Clerk who has delegated powers to respond, unless, it is felt, the Council should discuss at a full Council meeting.
72.0 Financial Matters
The Council shall consider and approve Financial Regulations drawn up by the Responsible Financial Officer (Clerk).
72.1 Such Regulations shall include detailed arrangements for the following:
72.1.1 the accounting records and systems of internal control;
72.1.2 the assessment and management of risks faced by the Council;
72.1.3 the work of the Internal Auditor and the receipt of regular reports from the Internal Auditor which shall be required at least annually;
72.1.4 the financial reporting requirements of members and local electors and
72.1.5 procurement policies (subject to (72.2) below) including the setting of values for different procedures where the contract has an estimated value less than £25,000.
72.2 Any proposed contract for the supply of goods, materials, services and the execution of works with an estimated value in excess of £25,000 shall be procured on the basis of a formal tender as summarised in 72.3 below.
72.3 Any tender over £25,000 (net of VAT) must use the Contract Finder website and other light touch rules in line with Public Contract Regulations 2015
72.4 Any formal tender process shall comprise the following steps:
72.4.1 a public notice of intention to place a contract to be placed in a local newspaper;
72.4.2 a specification of the goods, materials, services and the execution of works shall be drawn up;
72.4.3 tenders are to be sent, in a sealed marked envelope, to the Clerk by a stated date and time;
72.4.4 tenders submitted are to be opened, after the stated closing date and time, by the Clerk and at least one member of the Council;
72.4.5 tenders are then to be assessed and reported to the appropriate meeting of the Council or Committee.
72.5 The Council or a committee is not bound to accept the lowest tender, estimates or quote. Any tender notice shall contain a reference to the Standing Orders 56, 58 and 59 regarding improper activity.
72.6 The Financial Regulations of the Council shall be subject to regular review, at least once every four years.
73.0 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 for the England.
74.0 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.
75.0 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.
76.0 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.
Approved amendments at February 2019 meeting
Signed…………………………………………….Chair