| STANDING ORDERS for SAXMUNDHAM TOWN COUNCIL
1. Meetings
Meetings of the Council shall be held in the Market Hall, Saxmundham
at 7.15pm on the second Monday of each month, apart from August
unless the Council or Chairman decides otherwise. The meetings will
close at 10pm unless the Council agrees to continue.
2. The Statutory Annual Meeting
a) In an election year shall be held on the Monday next following
the day on which the councillors elected take office
b) In a year which is not an election year shall be held on the
second Monday in May.
3. In addition to the Statutory Annual Meeting at least three other
meetings shall be held in the municipal year on the second Monday
of the month.
4. Chairman of the Meeting
The person presiding at a meeting may exercise all the powers and
duties of the Chairman in relation to the conduct of the meeting.
5. Proper Officer
Where a statute, regulation or order confers function or duties
on the proper officer of the Council in the following cases, he
shall be the Clerk :-
a) To receive declarations of acceptance of office.
b) To receive and record notices disclosing personal and prejudicial
interests at meetings.
c) To receive and retain plans and documents.
d) To sign notices or other documents on behalf of the Council.
e) To receive copies of bylaws made by another local authority.
f) To certify copies of bylaws made by the Council.
g) To sign and issue the summonses to attend meetings of the Council.
h) To keep proper records for all Council meetings.
In any other case, the Proper Officer shall be the person nominated
by the Council and, in default of nomination, the Clerk.
6. Quorum of the Council
Five members shall constitute a quorum at meetings of the Council.
7. If a quorum is not present or if during a meeting the number
of councillors
present (not counting those debarred by reason of a declared pecuniary
interest) falls below the required quorum, the meeting shall be
adjourned and business not transacted shall be transacted at the
next meeting or on such other day as the Chairman may fix.
8. For a quorum relating to a committee or sub-committee, please
refer to
standing order 48.
9. Voting
Members shall vote by show of hands or, if at least two members
so request, by signed ballot.
10. If a member so requires, the Clerk shall record the names of
the
members who voted on any question so as to show whether they voted
for or against it. Such a request must be made before moving on
to the next business.
11. (1) Subject to (2) and (3) 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.
(2) If the person presiding at the annual meeting would have ceased
to be a member of the council but for the statutory provisions which
preserve the membership of the Chairman and Vice-Chairman until
the end of their term of office he may not give an original vote
in an election for Chairman.
(3) The person presiding must give a casting vote whenever there
is an equality of votes in an election for Chairman.
12. Order of Business
At each Annual Parish Council Meeting the first business shall be:-
a) To elect a Chairman of the Council
b) To receive the Chairman's declaration of acceptance of office
or, if not then received, to decide when it shall be received.
c) In the ordinary year of election of the Council to fill any vacancies
left unfilled at the election by reason of insufficient nominations.
d) To decide when any declarations of acceptance of office which
have not been received as provided by law shall be received.
e) To elect a Vice-Chairman of the Council.
f) To appoint representatives to outside bodies.
g) To appoint committees and working parties.
h) To consider the payment of any subscriptions falling to be paid
annually.
i) To inspect any deeds and trust investments in the custody of
the Council as required; and shall thereafter follow the order set
out in the Standing Order 15
13. At every meeting other than the Annual Parish Council Meeting
the first business shall be to appoint a Chairman if the Chairman
and Vice-Chairman be absent and to receive such declarations of
acceptance of office (if any) and undertaking to observe the Council's
code of conduct as required by law to be made or, if not then received,
to decide when they shall be received.
14. In September every year, not later than the meeting at which
the estimates for next year are settled, the Council shall review
the pay and conditions of service of existing employees. Standing
Order 38 must be read in conjunction with their requirement.
15. After the first business has been completed, the order of business,
unless the Council otherwise decides on the ground of urgency, shall
be as follows:-
a) To read and consider the Minutes; provided that if a copy has
been circulated to each member not later than the day of issue of
the summons to attend the meeting, the Minutes may be taken as read.
b) After consideration to approve the signature of the Minutes by
the person presiding as a correct record.
c) To deal with business expressly required by statute to be done.
d) To dispose of business, if any, remaining from the last meeting.
e) To receive such communications as the person presiding may wish
to lay before the Council.
f) To answer questions from Councillors (written).
g) To receive and consider reports and minutes of committees.
h) To receive and consider resolutions or recommendations in the
order in which they have been notified.
i) To authorise the sealing of documents.
j) If necessary, to authorise the signing of orders for payment.
16. Urgent Business
A motion to vary the order of business on the ground of urgency:
a) May be proposed by the Chairman or by any member and, if proposed
by the Chairman, may be put to the vote without being seconded,
and
b) Shall be put to the vote without discussion.
17. Resolutions Moved On Notice
Except as provided by these Standing Orders, no resolution may be
moved unless the business to which it relates has been put on the
Agenda by the Clerk or the mover has given notice in writing of
its terms and has delivered the notice to the Clerk at least ( 6
) clear days before the next meeting of the Council.
18. The Clerk shall date every notice of resolution or recommendation
when received by him, shall number each notice in the order in which
it was received and 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 the summons for every meeting all
notices of
motion or recommendation properly given in the order in which they
have been received unless the member giving a notice of motion has
stated in writing that he intends to move at some later meeting
or that he withdraws it.
20. If a resolution or recommendation specified in the summons is
not moved either by the member who gave notice of it or by any other
member, it shall, unless postponed by the Council, be treated as
withdrawn and shall not be moved without fresh notice.
21. If the subject matter of a resolution comes within the province
of a
committee of the Council, it shall, upon being moved and seconded,
stand referred without discussion to such committee or to such other
committee as the Council may determine for report; provided that
the Chairman, if he considers it to be a matter of urgency, may
allow it to be dealt with at the meeting at which it was moved.
22. Every resolution or recommendation shall be relevant to some
subject
over which the Council has power or duties which affects its area.
23. Resolutions Moved Without Notice
Resolutions dealing with the following matters may be moved without
notice:-
a) To appoint a Chairman of the meeting.
b) To correct the Minutes.
c) To approve the Minutes.
d) To alter the order of business.
e) To proceed to the next business.
f) To close or adjourn the debate.
g) To refer a matter to a committee.
h) To appoint a committee or any members thereof.
i) To adopt a report.
j) To authorise the sealing of documents.
k) To amend a motion.
l) To give leave to withdraw a resolution or amendment.
m) To extend the time limit for speeches.
n) To exclude the public. (see Order 68 below)
o) To silence or eject from the meeting a member named for misconduct.
(see order 33 below)
p) To give the consent of the Council where such consent is required
by these Standing Orders.
q) To suspend any Standing Order. (see Order 79 below)
r) To adjourn the meeting.
24. Questions
A member may ask the Chairman of the Council or the Clerk any question
concerning the business of the Council, provided a notice of the
question has been given to the person to whom it is addressed before
the meeting begins.
25. No questions not connected with business under discussion shall
be
asked except during the part of the meeting set aside for questions.
26. Every question shall be put and answered without discussion.
27. A person to whom a question has been put may decline to answer.
28. Rules of Debate
No discussion shall take place upon the Minutes except upon their
accuracy. Corrections to the Minutes shall be made by resolution
and must be initialled by the Chairman.
29. a) A resolution or amendment shall not be discussed unless it
has been proposed and seconded, and, unless proper notice has already
been given, it shall, if required by the Chairman, be reduced to
writing and handed to him before it is further discussed or put
to the meeting.
b) A member when seconding a resolution or amendment may, if he
then
declares his intention to do so, reserve his speech until a later
period of the debate.
c) A member shall direct his speech to the question under discussion
or to a personal explanation or to a question of order.
d) No speech by a mover of a resolution shall exceed ( 5 ) minutes
and no other speech shall exceed (5) minutes except by consent of
the Council.
e) An amendment shall be either:-
i) To leave out words.
ii) To leave out words and insert others
iii) To insert or add words.
f) An amendment shall not have the effect of negating the resolution
before the Council.
g) If an amendment be carried, the resolution, as amended, shall
take the place of the original resolution and shall become the resolution
upon which any further amendment may be moved.
h) A further amendment shall not be moved until the Council has
disposed of every amendment previously moved.
i) The mover of a resolution or of an amendment shall have a right
of reply, not exceeding 5 minutes.
j) A member, other than the mover of a resolution, shall not, without
leave of the Council, speak more than once on any resolution except
to move an amendment or further amendment, or on an amendment, or
on a point of order, or in personal explanation, or to move a closure.
k) A member may speak on a point of order or a personal explanation.
A member speaking for these purposes shall be heard forthwith. A
personal explanation shall be confirmed to some material part of
a former speech by him which may have been misunderstood.
l) A motion or amendment may be withdrawn by the proposer with the
consent of the Council, which shall be signified without discussion,
and no member may speak upon it after permission has been asked
for its withdrawal unless such permission has been refused.
m) When a resolution is under debate no other resolution shall be
moved
except the following:-
i. To amend the resolution.
ii. To proceed to the next business.
iii. To adjourn the debate.
iv. That the question be now put.
v. That a member named be not further heard.
vi. That a member named leave the meeting.
vii. That the resolution be referred to a committee.
viii. To exclude the public and press.
ix. To adjourn the meeting.
30. A member shall remain seated when speaking unless requested
to stand
by the Chairman. At the Annual Meeting members may remain seated,
unless they prefer to stand, or are requested to do so by the Chairman.
31. 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. If two or more members wish
to
speak, the Chairman shall decide who to call upon.
c) Whenever the Chairman speaks during a debate all other members
shall be seated and silent.
d) Whenever the Chairman rises during a debate all other members
shall be seated and silent.
32. Closure
At the end of any speech a member may, without comment, move "that
the question be now put", "that the debate be now adjourned"
or "that the Council do now adjourn". If such motion is
seconded, the Chairman shall put the motion but, in the case of
a motion "that the question be now put", only if he is
of the opinion that the question before the Council has been sufficiently
debated. If the motion "that the question be now put"
is carried, he shall call upon the mover to exercise or waive his
right of reply and shall put the question immediately after that
right has been exercised or waived. The adjournment of a debate
or of the Council shall not prejudice the mover's right of reply
at the resumption.
33. Disorderly Conduct
a) All members must observe the Code of Conduct which was adopted
by the council on 14th May 2007 a copy of which is annexed to these
Standing Orders.
b) No member shall at a meeting persistently disregard the ruling
of the Chairman, wilfully obstruct business, or behave irregularly,
offensively, improperly or in such a manner as to bring the Council
into disrepute.
c) If, in the opinion of the Chairman, a member has broken the provisions
of paragraph (a) or (b) of this Order, the Chairman shall express
that opinion to the Council and thereafter any member may move that
the member named be no longer heard or that the member named do
leave the meeting, and the motion, if seconded, shall be put forthwith
and without discussion. If a member reasonably believes another
member is in breach of the code of conduct, that member is under
a duty to report the breach to the Standards Board for England.
d) If either of the motions mentioned in paragraph (c) is disobeyed,
the Chairman may suspend the meeting or take such further steps
as may reasonably be necessary to enforce them.
34. Right of Reply
The mover of a resolution shall have a right to reply immediately
before the resolution is put to the vote. If an amendment is proposed
the mover of the amendment shall be entitled to reply immediately
before the amendment is put to the vote. A member exercising a right
of reply shall not introduce a new matter. After the right of reply
has been exercised or waived, a vote shall be taken without further
discussion.
35. Alteration of Resolution
A member may, with the consent of his seconder, move amendments
to his own resolution.
36. Rescission of Previous Resolution
a) A decision (whether affirmative or negative) of the Council shall
not be reversed within six months except either by a special resolution,
the written notice whereof bears the names of at least ( 7 ) members
of the Council, or by a resolution moved in pursuance of the report
or recommendation of a committee.
b) When a special resolution or any other resolution moved under
the provisions of paragraph (a) of this Order has been disposed
of, no similar resolution may be moved within a further six months.
37. Voting On Appointments
Where more than two persons have been nominated for any position
to be filled by the Council and of the votes given there is not
an absolute majority in favour of one person, the name of the person
having the least number of votes shall be struck off the list and
a fresh vote taken, and so on until a majority of votes is given
in favour of one person.
38. Discussions and Resolutions Affecting Employees of the Council
If at a meeting there arises any question relating to the appointment,
conduct, promotion, dismissal, salary or conditions of service,
of any person employed by the Council, it shall not be considered
until the Council or committee (as the case may be) has decided
whether or not the public shall be excluded. (See Standing Order
No. 68.)
39. Resolutions on Expenditure
Any resolution (which is moved otherwise than in pursuance of a
recommendation of the Finance Committee or of another committee
after recommendation by the Finance Committee) and which, if carried,
would, in the opinion of the Chairman substantially increase the
expenditure upon any service which is under the management of the
Council or reduce the revenue at the disposal of any committee,
or which would involve capital expenditure, shall, when proposed
and seconded, stand adjourned without discussion to the next ordinary
meeting of the Council, and any committee affected by it shall consider
whether it desires to report thereon (and the Finance Committee
shall report on the financial aspect of the matters).
40. Expenditure
Orders for the payment of money shall be authorised by resolution
of the Council and signed by two members.
41. Sealing of Documents
a) A document shall not be sealed on behalf of the Council unless
its sealing has been authorised by a resolution.
b) Any two members of the Council named in a resolution moved under
the provisions of paragraph (a) of this order may seal, on behalf
of the Council, any document required by law to be issued under
seal.
42. Committees and Sub Committees
The Council may at its Annual Meeting appoint standing committees
and may at any other time appoint such other committees as are necessary
clearly defining roles of the committees and any delegated powers,
but subject to any statutory provision in that behalf:-
a) Shall not appoint any member of a committee so as to hold office
later than the next Annual Meeting.
b) May appoint persons other than members of the Council to any
Committee; and
c) May subject to the provisions of Order 36 above at any time dissolve
or alter the membership of committee.
43. The Chairman and Vice-Chairman ex-officio, shall be members
of every committee.
44. Every committee shall at its first meeting before proceeding
to any other business, elect a Chairman and may elect a Vice-Chairman
who shall hold office until the next Annual Meeting of the council,
and shall settle its programme of meetings for the year.
45. Special Meeting
The Chairman of a committee or the Chairman of the Council may summon
an additional meeting of that committee at any time. An additional
meeting shall also be summoned on the requisition in writing of
not less than a quarter of the members of the committee. The summons
shall set out the business to be considered at the special meeting
and no other business shall be transacted at that meeting.
46. Sub-Committees
Every committee may appoint sub-committees for purposes to be specified
by the committee.
47. The Chairman and Vice-Chairman of the committee shall be members
of every sub-committee appointed by it unless they signify that
they do not wish to serve.
48. Except where ordered by the Council in the case of a committee,
or by the Council or by the appropriate committee in the case of
a sub-committee, the quorum of a committee or sub-committee shall
be one-half of its members.
49. The Standing Orders on rules of debate (except those parts relating
to
standing and to speaking more than once) and the Standing Order
on interests of members in contracts and other matters shall apply
to committee and sub-committee meetings.
50. Advisory Committees
1) The Council may create advisory committees, whose name, and number
of members and the bodies to be invited to nominate members shall
be specified.
2) The Clerk shall inform the members of each advisory committee
of the terms of reference of the committee.
3) An advisory committee may make recommendations and give notice
thereof to the Council
4) An advisory committee may consist wholly of persons who are not
members of the Council.
Voting in Committees
51. Members of committees and sub-committees entitled to vote shall
by
show of hands, or, if at least two members so request, by signed
ballot.
52. Chairmen of committees and sub-committees shall in the case
of an equality of votes have a second or casting vote.
53. Presence of Non-Members of Committees at Committee Meetings
A member who has proposed a resolution which has been referred to
any committee of which he is not a member, may explain his resolution
to the committee but shall not vote.
54. Accounts and Financial Statement
1) Except as provided in paragraph (2) of this Standing Order or
by statute, all accounts for payment and claims upon the Council
shall be laid before the Council.
2) Where it is necessary to make a payment before it has been authorised
by the Council, such payment shall be certified as to its correctness
and urgency by the appropriate officer. Such payment shall be authorised
by the committee, if any, having charge of the business to which
it relates, or by the proper officer for payment with the approval
of the Chairman or Vice-Chairman of the Council.
3) All payments ratified under sub-paragraph (2) of this Standing
Order shall be separately included in the next schedule of payments
before the Council.
55. The Responsible Financial Officer shall supply to each member
at the
as soon as practicable after 31 March in each year a statement of
the receipts and payments for the Council for the completed financial
year. A Financial Statement prepared on the appropriate accounting
basis (receipts and payments, or income and expenditure) for a year
to 31 March shall be presented to each member before the end of
the following month of May. The Statement of Accounts of the Council
(which is subject to external audit) shall be presented to Council
for formal approval before the end of the following month of September.
56. Estimates / Precepts
1) The council shall approve written estimates for the coming financial
year at its meeting in the month of January.
2) Any committee desiring to incur expenditure shall give the Clerk
a written estimate of the expenditure recommended for the coming
year no later than the November meeting.
57. Interests
If a member has a personal interest as defined by the Code of Conduct
adopted by the Council on 14th May 2007 then he shall declare such
interest as soon as it becomes apparent, disclosing the nature and
extent of that interest as required.
58. If a member who has declared a personal interest then considers
the interest to be prejudicial, he must withdraw from the room or
chamber during consideration of the item to which the interest relates.
59. Spare
60. The Clerk will be required to compile and hold a register of
members' interests in accordance with agreement reached with the
Monitoring Officer of the Responsible Authority and/or as required
by statute.
61. If a candidate for any appointment under the Council is to his
knowledge related to any member of or the holder of any office under
the Council, he and the person to whom he is related shall disclose
the relationship in writing to the Clerk. A candidate who fails
so to do shall be disqualified for such appointment, and, if appointed,
may be dismissed without notice. The Clerk shall report to the Council
or to the appropriate committee any such disclosure. Where a relationship
to a member is disclosed Standing Orders 57, 58 and 59 shall apply
as appropriate.
62. The Clerk shall make known the purpose of Standing Order 61
to every
candidate.
63. Canvassing of And Recommendations By Members
1) Canvassing of members of the Council or of any committee, directly
or indirectly, for any paid employment under the Council shall disqualify
the candidate for such appointment. The Clerk shall make known the
purport of this sub-paragraph of this Standing Order to every candidate.
2) A member of the Council or of any committee shall not solicit
for any person any appointment under the Council or recommend any
person for such appointment or for promotion; but, nevertheless,
any such member may give a written testimonial of a candidate's
ability, experience or character for submission to the Council with
an application for appointment.
64. Standing Order Nos. 61 & 63 shall apply to tenders as if
the person
making the tender were a candidate for an appointment.
65. 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.
66. All minutes kept by the Council and by any committee shall be
open for the inspection of any member of the Council.
67. Unauthorised Activities
No member of the Council or of any committee or sub-committee shall
in the name of or on behalf of the Council:-
a) Inspect any lands or premises which the Council has a right or
duty to inspect; or
b) Issue orders, instructions or directions
unless authorised to do so by the Council or the relevant committee
or sub-committee.
68. Admission of The Public and Press to Meetings
The public shall be admitted to all meetings of the Council and
its committees and sub-committees, which may, however, temporarily
exclude the public by means of the following 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 public be temporarily excluded and they are instructed
to withdraw"
69. The Council committee or sub- committee shall state the special
reason for exclusion.
70. At all meetings of the Council the Chairman may at their 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.
71. The Clerk shall afford to the press reasonable facilities for
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.
72. 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.
73. Confidential Business
1) No member of the Council or of any committee or sub-committee
shall disclose to any person not a member of the Council any business
declared to be confidential by the Council, the committee or the
sub-committee as the case may be.
2) Any member in breach of the provisions of paragraph (1) of this
Standing Order shall be removed from any committee or sub-committee
of the Council y the Council.
74. Liaison with County and District Councillors
A notice of meeting shall be sent together with an invitation to
attend to the County, Borough, Unitary or District Councillor for
the appropriate division or ward.
75. Unless the Council otherwise orders, a copy of each letter ordered
to be sent to the County Council or Planning Authority shall be
transmitted to the County Councillor for the division or to the
District Councillor for the ward as the case may require.
76. Planning Applications
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:-
(a) the date on which it was received ;
(b) the name of the applicant;
(c) the place to which it relates;
(d) The Clerk shall ensure that the Council considers every planning
application within the consultation period notified or, if timescale
does not permit either request an extension from the District Council
or call an immediate meeting of the Planning Committee.
77. Financial Matters
The Council shall consider and approve Financial Regulations drawn
up by the Responsible Financial Officer.
1) Such Regulations shall include detailed arrangements for the
following:
a) the accounting records and systems of internal control;
b) the assessment and management of risks faced by the Council;
c) the work of the Internal Auditor and the receipt of regular reports
from the Internal Auditor which shall be required at least annually;
d) the financial reporting requirements of members and local electors
and
e) procurement policies (subject to (2) below) including the setting
of values for different procedures where the contract has an estimated
value less than £50,000.
2) Any proposed contract for the supply of goods, materials, services
and the execution of works with an estimated value in excess of
£50,000 shall be procured on the basis of a formal tender
as summarised in (3) below.
3) Any formal tender process shall comprise the following steps:
a) a public notice of intention to place a contract to be placed
in a local newspaper;
b) a specification of the goods, materials, services and the execution
of works shall be drawn up;
c) tenders are to be sent, in a sealed marked envelope, to the Clerk
by a stated date and time;
d) tenders submitted are to be opened, after the stated closing
date and time, by the clerk and at least one member of Council;
e) tenders are then to be assessed and reported to the appropriate
meeting of Council or Committee.
4) The council, nor any Committee, is not bound to accept the lowest
tender, estimate or quote. Any tender notice shall contain a reference
to the Standing Orders 61, 63 & 64 regarding improper activity.
5) The Financial Regulations of the Council shall be subject to
regular
review, at least once every four years.
(Council is reminded that the European Union Public Sector Procurement
Rules are likely to apply to contracts with a value in excess of
£140,000 and advice should be sought at this level).
(Note: Some Standing Order must be made for contracts for the supply
of goods or the execution of works).
78. 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 consideration.
79. 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.
80. 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.
81. 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 comply with the Code of Conduct
adopted by the Council.
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Revised approved copy of Standing Orders January 2008
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