Hedgeview, 231 Broadgate, Sutton
St Edmund, Spalding, Lincs, PE120LT
E mail tyddstmarypc@gmail.com
TYDD ST MARY PARISH COUNCIL
STANDING ORDERS 2020
Version number |
Date Approved |
Amendments made |
Next Review Date |
V1 |
1 October 2020 |
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V2 |
February 2022 |
Yes |
February 2023 |
V3 |
6 February 2023 |
Yes |
February 2024 |
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1. RULES OF DEBATE AT MEETINGS.................................................................. 3
2. DISORDERLY CONDUCT AT MEETINGS.......................................................... 5
4. COMMITTEES AND SUB-COMMITTEES........................................................... 8
5. ORDINARY COUNCIL MEETINGS...................................................................... 9
6. EXTRAORDINARY MEETINGS OF THE COUNCIL, COMMITTEES AND SUB-COMMITTEES 11
10. MOTIONS AT A MEETING THAT DO NOT REQUIRE WRITTEN NOTICE.... 12
11. MANAGEMENT OF INFORMATION................................................................. 13
13. CODE OF CONDUCT AND DISPENSATIONS................................................. 14
14. CODE OF CONDUCT COMPLAINTS................................................................ 16
16. RESPONSIBLE FINANCIAL OFFICER............................................................. 18
17. ACCOUNTS AND ACCOUNTING STATEMENTS............................................ 18
18. FINANCIAL CONTROLS AND PROCUREMENT............................................. 19
20. RESPONSIBILITIES TO PROVIDE INFORMATION......................................... 21
21. RESPONSIBILITIES UNDER DATA PROTECTION LEGISLATION............... 21
22. RELATIONS WITH THE PRESS/MEDIA........................................................... 22
23. EXECUTION AND SEALING OF LEGAL DEEDS............................................ 22
24. COMMUNICATING WITH DISTRICT AND COUNTY OR UNITARY COUNCILLORS 22
25. RESTRICTIONS ON COUNCILLOR ACTIVITIES............................................. 22
26. STANDING ORDERS GENERALLY.................................................................. 23
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meeting as withdrawn.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. |
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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 may convene an extraordinary meeting of the committee
at any time.
d
If the
chairman of a committee does not call an extraordinary meeting within 7 days of
having been requested to do so by 2 members of the committee, any 2 members of
the committee may convene an extraordinary meeting of the 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
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,
· 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;
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 £25,000 but less than the relevant thresholds in standing order 18(f) is subject to Regulations 109-114 of the Public Contracts Regulations 2015 which include a requirement on the Council to advertise the contract opportunity on the Contracts Finder website regardless of what other means it uses to advertise the opportunity. 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 £378,660 for a supply, services or design contract; or in excess of £4,733,257 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 Council 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.
(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.