Standing Orders
Harlaxton Parish Council - STANDING ORDERS
1. Meetings
2. The Statutory Annual meeting
3. Three other statutory meetings
4. Chair of the Meeting
5. Proper Officer
6. Quorum of the Council
7. Voting
8. Order of Business
9. Public Participation at Meetings
10. Urgent Business
11. Resolutions Moved on Notice
12 Resolutions Moved Without Notice
13. Questions
14. Rules of Debate
15. Closure
16. Disorderly Conduct
17. Right of Reply
18. Alteration of Resolution
19. Rescission of Previous Resolution
20. Voting on Appointments
21. Discussions and Resolutions Affecting Employees of the Council
22. Resolutions of Expenditure
23. Expenditure
24. Signing of Documents
25. Special Meeting
26. Accounts and Financial Statement
27. Estimates / Precepts
28. Interests
29. Canvassing of and Recommendations by Members
30. Inspection of Documents
31. Unauthorised Activities
32. Admission of the Public and Press to meetings
33. Confidential Business
34. Liaison with County and District Councillors
35. Planning Applications
36. Complaints
37. Variation, Revocation and Suspension of Standing Orders
38. Review of Financial Regulations
39. Related Clerk and Chair
40. Standing Orders to be given to Members
1. Meetings
Meetings of the Council shall be held in each year on such dates and times and at such place as the Council may direct.
Smoking is not permitted at any meeting of the Council.
2. The Statutory Annual meeting
a) In an election year, 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 shall be held on such day in May as the Council may direct.
3. Three other statutory meetings
In addition to the Statutory Annual Meeting at least three other statutory meetings shall be held in each year on such dates and times and at such place as the Council may direct.
4. Chair of the Meeting
The person presiding at a meeting may exercise all the powers and duties of the Chair 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 or nominated officer:
a) To receive declarations or acceptance of office
b) To receive and record notices disclosing personal and pecuniary interests
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 a District Council
f) To certify copies of bylaws made by the Council
g) To sign summons to attend Statutory meetings of the Council
h) To keep proper records for all Council meetings
6. Quorum of the Council
Three members or one-third of the total membership, whichever is the greater, shall constitute a quorum.
If a quorum is not present or if during a meeting the number of councillor’s 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 days as the Chair may fix.
7. Voting
Members shall vote by show of hands or, if at least two members so request, by signed ballot.
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 may be made before or after the vote but in any event before moving on to the next business.
1. Subject to (2) and (3) below the Chair may give an original vote on any matter put to the vote, and in case of an equality of votes may give a casing 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 Chair and Vice-Chair until the end of their term of office he may not give an original vote in an election for Chair.
3. The person presiding must give a casting vote whenever there is an equality of votes in an election for Chair.
8. Order of Business
At each Annual Meeting the first business shall be:
a. To elect a Chair of the Council
b. To receive the Chair’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 and written undertakings to comply with 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-Chair of the Council
f. To appoint representatives of outside bodies
g. To consider the payment of any subscriptions falling to be paid annually
h. To inspect any deeds and trust investments in the custody of the Council as required;
At every meeting, other than the Annual Meeting the first business shall be to appoint a Chair if the Chair and Vice-Chair be 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.
In every year, not later than the meeting at which the estimates for the next year are settled, the Council shall review the pay and conditions of service of existing employees. Standing Order 21 must be read in conjunction with their requirement.
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:
j) 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
k) After consideration, to approve the signature of the Minutes by the person presiding, as a correct record
l) To deal with business expressly required by statute to be done
m) To dispose of business, if any, remaining from the last meeting
n) To receive such communications as the person presiding may wish to lay before the Council
o) To answer questions from Councillors
p) To receive and consider resolutions or recommendations in the order in which they have been notified
q) If necessary, to authorise the signing of orders for payments
9. Public Participation at Meetings
The Parish Council believes in open government and involving the general public whenever possible.
A maximum of fifteen minutes will be allowed for members of the public to address the meeting. The public forum will be subject to the following conditions.
(a) These sessions form part of the Council meeting in law and shall be duly minuted.
(b) Speeches will not last more than 3 minutes.
(c) No elector will be allowed to speak more than once.
(d) Any member of the Public attending the Public Forum may submit a written question if they wish.
(e) For information on photographing, recording, broadcasting or transmitting the proceedings of a meeting please see Section 32 of the Standing Orders
(f) The Chair is in overall control of the meeting and he or she will decide who may speak and in which order. When it is a person’s turn to speak, the Chair will ask that person to identify themselves and to address the meeting.
(g) In order to be fair to all, when planning applications are being discussed neither the applicant nor other interested persons are allowed to take part in the debate or discuss the application in the public participation period.
(h) Whilst the members of the Council will endeavor to respond to the questions that are raised they may decide not to discuss the issue there and then but to defer discussion to a later date.
(i) If a person wishes to take part in the forum please be aware that you will be speaking in public and that press reporters may be present. Therefore, you should not say anything you would not wish to be reported.
(j) If a group of people wish to cover the same subject it may be best to nominate one to speak on their behalf. This will avoid duplication and make the best use of the public participation period.
10. Urgent Business
A motion to vary the order of business on the ground of urgency:
a) May be proposed by the Chair or by any member and, if proposed by the Chair, may be put to the vote without being seconded and,
b) Shall be put to the vote without discussion.
11. 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 7 clear days before the next meeting of the Council.
The Clerk shall date every notice of resolution or recommendation when received by him/her and shall number each notice in the order in which it was received.
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/she intends to move at some later meeting or that he/she withdraws it.
If a resolution or recommendation specified in the summons is not moved either by the member who gave notice or if or by any other member, it shall, unless postponed by the Council, be treated as withdrawn and shall not be moved without fresh notice.
Every resolution or recommendation shall be relevant to some subject over which the Council has power or duties which affects its area.
12. Resolutions Moved Without Notice
Resolutions dealing with the following matters may be moved without notice:
a) To appoint a Chair 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 adopt a report
h) To amend a motion
i) To give leave to withdraw to a resolution or amendment
j) To extend the time limit for speeches
k) To exclude the public (see Order 32 below)
l) To silence or eject from the meeting a member named for misconduct (see Order 16 below)
m) To give the consent of the Council where such consent is required by these Standing Orders
n) To suspend any Standing Order (see Order 37 below)
o) To adjourn the meeting
13. Questions
A member may ask the Chair of the Council or the Clerk any question concerning the business of the Council, provided 7 clear days notice of the question has been given to the person to whom it is addressed.
No questions not connected with business under discussion shall be asked except during the part of the meeting set aside for questions.
Every question shall be put and answered without discussion.
A person to whom a question has been put may decline to answer.
14. Rules of Debate
a) 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 Chair
b) 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 Chair, be reduced to writing and handed to him before it is further discussed or put to the meeting.
c) 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.
d) A member shall direct his speech to the question under discussion or to a personal explanation or to a question or order.
e) No speech by a mover of a resolution shall exceed 10 minutes and no other speech shall exceed 5 minutes except by consent of the Council.
f) An amendment shall be either: -
i. to leave out words
ii. to leave out words and insert others
iii. to insert or add words
g) An amendment shall not have the effect of negating the resolution before the Council.
h) 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.
i) A further amendment shall not be moved until the Council has disposed of every amendment previously moved.
j) The mover of a resolution or of an amendment shall have a right of reply, not exceeding 5 minutes.
k) 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.
l) A member may rise, or raise his/her hand to make a point of order or a personal explanation. A member so rising or indicating for these purposes shall be heard forthwith. A personal explanation shall be confined to some material part of a former speech by him which may have been misunderstood.
m) 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.
n) 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 do leave the meeting
vii. To exclude the public and press
viii. To adjourn the meeting
o) The ruling of the Chair on a point of order or on the admissibility of a personal explanation shall not be discussed.
p) Members shall address the Chair. If two or more members rise or otherwise indicate they wish to speak, simultaneously, the Chair shall call upon one of them to speak and the others when asked to speak by the Chair.
q) Whenever the Chair intervenes during a debate all other members shall be silent.
15. 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 Chair 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.
16. Disorderly Conduct
a) All members must behave in a manner required by the current Code of Conduct.
b) No member shall at a meeting persistently disregard the ruling of the Chair, wilfully obstruct business, or behave irregularly, offensively, improperly or in such a manner as to scandalise the Council or bring it into contempt or ridicule.
c) If, in the opinion of the Chair, a member has broken the provisions of Paragraph (a) or (b) of this Order, the Chair 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 either of the motions mentioned in paragraph (c) is disobeyed, the Chair may suspend the meeting or take such further steps as may reasonably be necessary to enforce them.
17. 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.
18. Alteration of Resolution
A member may, with the consent of his seconder, move amendments to his own resolution.
19. 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 3 members of the Council.
b) When a special resolution or any other resolution moved under the provision of paragraph (a) of this Order has been disposed of, no similar resolution may be moved within a further six months.
20. 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.
21. 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 has decided whether or not the public shall be excluded (see Standing Order No. 32).
22. Resolutions of Expenditure
Any resolution which is moved and which, if carried, would, in the opinion of the Chair substantially increase the expenditure upon any service which is under the management of the Council, or which would involve capital expenditure, shall, when proposed and seconded, stand adjourned without discussion to the next ordinary meeting of the Council.
23. Expenditure
Urgent orders for the payment of money shall be authorised by the RFO and Chair (on in the absence of the Chair, the Vice Chair) up to £250 but by resolution of the Council over that sum.
24. Signing of Documents
A document shall not be signed on behalf of the Council unless its signing has been authorised by a resolution.
Any two members of the Council named in a resolution moved under the provisions of paragraph (a) of this Order may sign on behalf of the Council, any document required by law to be signed.
25. Special Meetings
The Chair of the Council may summon an additional meeting at any time. If Councillors request a Special Meeting and the Chair refuses, then two Councillors can call a meeting. The summons shall set out the business to be considered at the special meeting and no other business shall be transacted at that meeting. The Chair will sign the summons if he/she calls the meeting and but if two Councillors call it then those Councillors must sign the summons.
26. Accounts and Financial Statement
1. All accounts for payment and claims upon the Council shall be reported to the Council.
2. All payments shall be included in the next schedule of payments before the Council.
The Responsible Financial Officer shall supply to each member at the ordinary meeting next after the end of the Financial Year a Financial Statement of receipts and payments for the Council.
27. Estimates / Precepts
1. The council shall approve written estimates for the coming financial year at its January meeting.
2. Expenditure up to £250 may be authorised by the Clerk, with the agreement of the Chair or Vice-Chair, supported by a written authorisation (e-mail acceptable) from both but without reversion to the full Council.
Expenditure between £250 and £500 – With the agreement of the Chair or Vice-Chair but without reversion to the full Council, the Clerk may proceed on two estimates, ideally a written quote (e-mail acceptable) should be obtained.
Expenditure between £500 - £1,000 – two written estimates must be obtained and the consent of the Council sought before expenditure is authorised.
Expenditure over £1,000 – three written estimates must be obtained and the consent of the Council sought before expenditure is authorised.
28. Interests
If a member has a personal interest as defined by the current Code of Conduct or a pecuniary interest as defined by the Localism Act 2011 then he shall declare such interest as soon as it becomes apparent, disclosing the nature and extent of that interest as required.
The Clerk shall hold a copy of the Register of Member’s interests in accordance with instructions received from the Monitoring Officer of the Responsible Authority and/or as required by statute.
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 any such disclosure. Where relationship to a member is disclosed this Standing Order shall apply.
The Clerk shall make known the purport of this Standing Order to every candidate.
29. Canvassing of and Recommendations by Members
1. Canvassing of members of the Council, directly or indirectly, for any appointment under the Council shall disqualify the candidate for such appointment. The Clerk shall make known the purport of this sub-paragraph of this Standing Order to every candidate.
2. A member of the Council 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.
Standing Order Nos. 28 and 29 shall apply to tenders as if the person making the tender were a candidate for an appointment.
30. 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 and if copies are available shall, on request, be supplied for the like purpose with a copy.
All minutes kept by the Council shall be open for the inspection of any member of the Council.
31. Unauthorised Activities
No member of the Council 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.
32. Admission of the Public and Press to meetings
The public shall be admitted to all meetings of the Council which may, however, temporarily exclude the public by means of the following resolutions: -
That in the view of the special and/or 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”.
The Council shall state the special reason for exclusion.
At all meetings of the Council the Chair 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 any item on the agenda for that meeting.
The Clerk shall afford to the press reasonable facilities for taking their report of any proceedings at which they are entitled to be present.
If a member of the public interrupts the proceedings at any meeting, the Chair may, after warning, order that he be removed from the meeting.
The Council supports the principles of openness and transparency in its decision making. It supports the video or audio recording by the public and press of meetings that are open to the public, for either live or subsequent broadcast. It also supports the use of modern communication methods such as Twitter, Facebook and blogs to report what is happening at meetings as they take place.
The right to film, record etc. is limited to the duration of the meeting. Recording must not start until the meeting is called to order, and must cease when the Chair closes the meeting.
Filming or recording equipment cannot be left in the meeting room at times when the public is excluded (for example because confidential or exempt information is being discussed).
Intrusive filming of a specific individual or individuals will not be permitted.
Some members of the public attending the meeting may object to being filmed, photographed or recorded. The Council will ask those filming, photographing or recording the meeting to respect their wishes, and will expect that these are complied with.
The Council expects that film or audio recordings will not be edited before transmission in a way that misrepresents what occurred.
Filming or recording is not permitted if the effect would be to interrupt or disturb the proceedings. Therefore, equipment which needs setting up must be in place when the meeting starts, the use of flash photography are not permitted. Speakers must not be asked to repeat statements for the purpose of recording. “Roaming” while filming or recording is not permitted – that operating equipment must stay in the area designated to them.
If, in the Chair’s opinion, a person filming or recording a meeting or taking photographs is interrupting proceedings or causing a disturbance, under the Council’s Standing Orders the person can be ordered to stop their activity, or to leave the meeting.
Blogging, Tweeting, or other commentary on meetings through social media must not interrupt or disturb the meeting and the same rules apply as set above.
33. Confidential Business
1. No member of the Council shall disclose to any person not a member of the Council any business declared to be confidential by the Council.
34. Liaison with County and District Councillors
A notice of meeting shall be sent together with an invitation to attend to the County and District Councillor for the appropriate Ward.
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 Planning Authority Councillor for the Ward as the case may require.
35. Planning Applications
The Clerk shall refer every planning application received to all Councillors by email within 48 hours of receipt.
36. 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’s adopted Complaints Procedure except for those complaints which should be properly directed to the Monitoring Officer for consideration.
37. 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.
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.
38. Review of Financial Regulations
The Council shall consider and approve Financial Regulations drawn up by the RFO and these shall be subject to review no less than every 3 years.
39. Related Clerk and Chair
If the Clerk and Chair are married, co-habiting or related in any way then any reference in Standing Orders and/or Financial Regulations to Clerk and Chair given powers to act in tandem, then the Standing Orders and/or the Financial Regulations shall be amended and construed so as to read "quorum of the Council”.
40. 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.
Adopted by Harlaxton Parish Council at a meeting of the Council held on 10th January 2017. Review date January 2018. Adopted after corrections at a meeting of the Council held on 28.2.17.