Standing Orders
ALDERHOLT
PARISH
COUNCIL
NOVEMBER 2003
PREFACE
Some of the Standing Orders are compulsory as they are laid down in Acts of Parliament. These are printed in bold type. These Standing Orders cannot be altered.
If the words ?Local Councils? are used, it means Parish and Town Councils in England and Community and Town Councils in Wales.
It is, of course, recognised that local councillors can be male or female. Therefore, wherever the masculine gender is used in this publication, this should be interpreted as also meaning the feminine gender, where appropriate.
TOWN MAYORS
The Chairman of a Town Council is entitled to use the title ?Town Mayor?. The title confers no additional powers on the chairman, and in particular, has no implications for his conduct in meetings.
These standing orders were adopted by ALDERHOLT PARISH COUNCIL AT THE MEETING OF NOVEMBER 3RD 2003.
AMMENDMENTS DATE ITEM REF NO
Inclusion of 15.1-15.4
22.2 and 22.3 Dec 03
(to tie in with adoption
of financial regulations)
11.9 petty cash now removed
amended-as in financial Mar 04
regulations
ALDERHOLT PARISH COUNCIL STANDING ORDERS
1. MEETINGS OF THE COUNCIL
The Statutory Annual Meeting
The Annual Parish Meeting is a public meeting required by statute to be held each year at which any elector for the parish then present may speak at any time, at the discretion of the Chairman, on matters arising of direct concern within the said area.
a) In an election year the Annual Parish Council Meeting shall be held on or within 14 days following the day on which the councillors elected take office and
b) In a year which is not an election year the Annual Parish Council Meeting shall be held on such day in May as the Council may direct.
c) (England Only) In addition to the Statutory Annual Parish Council 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.
Ordinary Council Meetings
1.1 Ordinary meetings of the Alderholt Parish Council shall be held in the committee rooms of the Village Hall unless otherwise stated in the notice of meeting.
1.2 Meetings of the Council and it?s Committees shall be held in accordance with a calendar to be approved by the Council from time to time.
1.3 The Chairman of the Council may at any time summon an extraordinary meeting of the Council providing that the summons complies with the relevant statutory requirements.
1.4 A summons to attend and agenda for each meeting shall be sent to each member of the Council, to arrive at least 3 clear days before the date of the meeting. Similar public notice shall also be given of each meeting.
1.5 The public and press shall be admitted to meetings of the Council and its Committees, which may, however, temporarily exclude them by passing an appropriate resolution.
1.6 Members of the public shall have the opportunity to speak at the agenda item Public Forum but may not speak during the meeting unless at the direct invitation of the Chairman, whereby the Chairman will temporarily adjourn the meeting.
1.7 There shall be no smoking at meetings of the Council and its Committees.
1.8 The proceedings of the council shall start at 7.30pm or as specified in the summons to the meeting and will not proceed beyond 9.30pm unless a majority decision is taken to suspend the standing order, to allow the meeting to continue.
1.9 Members of the council will vote by a show of hands.
1.10 If there is an equality of votes, then the Chairman shall have a second or casting vote.
1.11 Members shall address the Chairman.
1.12 A notice of each meeting of the Council and copies of all minutes to be considered at that meeting, shall be sent as an invitation to attend, to County and District Councillors for the parish who are not members of the Council.
2. 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.
2.1 If the Chairman is absent, the Vice-Chairman shall preside.
2.2 If the Chairman and Vice-Chairman are absent, the Meeting shall appoint a
Chairman before it proceeds to any business.
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 exclude the press and public. (see Order 18 below)
l) To silence or eject from the meeting a member named for misconduct. (see order 8 below)
m) To suspend any Standing Order.
n) To adjourn the meeting.
3. PROPER OFFICER
3.1 The Clerk is the proper officer of the Council for any purpose in respect of which a proper officer is mentioned in any statute, regulation or order.
3.2 The Clerk shall record the proceedings of the Council and Committee Meetings.
3.3 If the Clerk is absent, the person presiding at the meeting may record the proceedings or may appoint another person to do so.
3.4 The duties of the Proper Officer are as follows;
a) To receive declarations of acceptance of office.
b) To receive and record notices disclosing interests at meetings.
c) To receive and record 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 summons to attend meetings of the Council.
h) To keep proper records for all Council meetings.
4. QUORUM OF THE COUNCIL
4.1 Three members or one-third of the total membership, whichever is the greater, shall constitute a quorum at meetings of the Council.
4.2 If a quorum is not present (or if during a meeting those debarred by reason of a declared interest results in the number falling below the required quorum), the meeting shall be adjourned and business transacted at the next meeting or on such day as the Chairman may arrange.
5. VOTING
5.1 Members shall vote by show of hands or, if at least two members so request, by signed ballot.
5.2. 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.
5.3. (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.
6. ORDER OF BUSINESS
6.1 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 b-bidi-font-weight: normal">
e) To elect a Vice-Chairman of the Council.
f) To appoint representatives to outside bodies.
g) To appoint committees and sub-committees.
6.2 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 are required by law to be made or, if not then received, to decide when they shall be received.
6.3 Following this, for all council meetings, the order of business shall be;
a) To accept apologies and reasons for absence. Members submitting apologies at short notice i.e. on the date of the meeting, shall notify the Chairman of the Council, if unable to speak to the Clerk.
b) To disclose and minute declarations of interest relating to items on the agenda
c) After consideration to approve the signature of the Minutes by the person presiding as a correct record.
d) To deal with business expressly required by statute to be done.
e) To dispose of business, if any, remaining from the last meeting.
f) To receive the reports from the County Councillor and District Councillor
g) To authorise the payments of accounts
h) To receive and consider reports and minutes of committees.
i) To receive and consider resolutions or recommendations
j) Any other business as specified in the summons
7. RULES OF DEBATE
7.1 No discussion of the Minutes shall take place except upon their accuracy.
7.2 Corrections to the Minutes shall be made by resolution and must be initialled by the Chairman.
7.3 When a resolution is under debate no other resolution shall be moved except for the following;
a) To amend the resolution.
b) To proceed to the next business.
c) To adjourn the debate.
d) That the question be now put.
e) That a member named be not further heard.
f) That a member named leave the meeting.
g) That the resolution be referred to a committee.
h) To exclude the public and press.
i) To adjourn the meeting.
7.4 Members shall address the Chairman. If two or more members wish to speak, the Chairman shall decide who to call upon.
7.5 Whenever the Chairman speaks during a debate all other members shall be silent.
8. DISORDERLY CONDUCT
8.1 All members must observe the Code of Conduct which was adopted by the council on 21/08/03, a copy of which is annexed to these Standing Orders.
8.2 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.
8.3 If, in the opinion of the Chairman, a member has broken the provisions of paragraph (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 (England) or the Local Commissioner (Wales).
8.4 If either of the motions mentioned in paragraph c is disobeyed, the Chairman may adjourn the meeting or take such further steps as may reasonably be necessary to enforce them.
9. RESCISSION OF PREVIOUS RESOLUTION
9.1 A decision (whether affirmative or negative) of the Council shall not be reversed within six months save by a special resolution, the written notice of which bears the names of at least 4 members of the Council.
9.2 When a special resolution under the provisions of paragraph (a) of this Order has been disposed of, no similar resolution may be moved within a further six months.
10. DISCUSSIONS AND RESOLUTIONS AFFECTING EMPLOYEES OF THE COUNCIL
10.1 In every year, in accordance with the terms of the employees contract, the Council shall provide an appraisal and review the pay and conditions of service of existing employees.
10.2 The council shall abide by the terms and conditions set out in the employees contract.
10.3 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 press and public shall be excluded. (See Standing Order No. 18)
11. EXPENDITURE
11.1 Orders for the payment of money shall be authorised by resolution of the Council and signed by two members and countersigned by the clerk.
11.2 All accounts for payment and claims upon the Council shall be laid before the Council for authorisation.
11.3 Where it is necessary to make a payment before it has been authorised by the Council, the RFO, with the approval of the Chairman or Vice-Chairman of the Council, shall make the payment upto a maximum sum of £500
11.4 All payments ratified under sub-paragraph (2) of this Standing Order shall be separately included in the next schedule of payments before the Council.
11.5 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
11.6 At the end of each financial year, The Responsible Financial Officer shall supply to each member as soon as practicable, a statement of the receipts and payments of the Council for the completed financial year.
11.7 The council shall approve written estimates for the coming financial year at its meeting before the end of the month of December
11.8 Any committee desiring to incur expenditure shall give the Clerk a written estimate of the expenditure recommended for the coming year no later than November
11.9 No petty cash float to be maintained. Clerks expenses to be reimbursed as
required on presentation of valid receipts.
12. SEALING OF DOCUMENTS
Any two members of the Council may seal on behalf of the council, any document required by law to be sealed, provided that they, and the seal have been authorised by a resolution of the council.
13. COMMITTEES
13.1 The Council may at its Annual Meeting appoint standing committees and may at any other time appoint such other committees as are necessary, but subject to any statutory provision :-
a) May appoint persons other than members of the Council to any Committee
b) Subject to the provisions of Standing Order 9, may at any time dissolve or alter the membership of committee.
c) Every committee shall at its first meeting before proceeding to any other business elect a Chairman and may elect a Vice-Chairman.
d) 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.
e) The quorum of a committee shall be one-half of its members.
f) The Standing Orders on rules of debate and on interests of members in contracts and other matters shall apply to committee meetings.
g) Members of committees shall vote by show of hands, or, if at least two members so request, by signed ballot.
h) Chairmen of committees and sub-committees shall in the case of an equality of votes have a second or casting vote.
14. ADVISORY COMMITTEES
14.1 The Council may create advisory committees. The Clerk shall inform the members of each advisory committee of the terms of reference of the committee.
14.2 An advisory committee may make recommendations and give notice thereof to the Council
14.3 An advisory committee may consist wholly of persons who are not members of the Council.
15. INTERESTS (ENGLAND)
a) If a member has a personal interest as defined by the Code of Conduct adopted by the Council on 21/08/03 then he shall declare such interest as soon as it becomes apparent, disclosing the existence and nature of that interest as required.
b) 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.
c) The Clerk may be required to compile and hold a register of member?s interests in accordance with agreement reached with the Monitoring Officer of the Responsible Authority and/or as required by statute.
15.1. 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 15a,b and c shall apply as appropriate.
15.2. The Clerk shall make known the purpose of Standing Order 15.1 to every candidate.
15.3. Canvassing of and Recommendations By Members
1) Canvassing of members of the Council or of any committee, 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 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.
15.4. Standing Order No?s 15.1 and 15.3 shall apply to tenders as if the person making the tender were a candidate for an appointment.
16. 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.
16.1 All minutes kept by the Council and by any committee shall be open for the inspection of any member of the Council.
17. UNAUTHORISED ACTIVITIES
No member of the Council or of any 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
18. ADMISSION OF THE PUBLIC AND PRESS TO MEETINGS
18.1 The public and press shall be admitted to all meetings of the Council and its 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 press and public be temporarily excluded and they are instructed to withdraw?
18.2 The Council shall state the special reason for exclusion.
18.3 At all meetings of the Council the Chairman may at his 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.
18.4 The Clerk shall afford to the press reasonable facilities for the taking of their report of any proceedings at which they are entitled to be present. There shall be no audio or video recording or photographs of the meeting without the express approval of the Council.
18.5 If a member of the public interrupts the proceedings at any meeting, the Chairman may, after warning, order that he be removed from the meeting and may adjourn the meeting for such period as is necessary to restore order.
19. CONFIDENTIAL BUSINESS
a) No member of the Council or of any committee shall disclose to any person not a member of the Council any business declared to be confidential by the Council or the committee.
b) Any member in breach of the provisions of paragraph (1) of this Standing Order shall be removed from any committee of the Council by the Council.
20. LIAISON WITH COUNTY AND DISTRICT COUNCILLORS
An Agenda and minutes for each meeting shall be sent to the County and District Councillors.
21. PLANNING APPLICATIONS
21.1 The Clerk shall record the following particulars of planning applications 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 decision made
21.2 The clerk shall distribute the applications amongst the members.
21.3 Each planning application shall receive a site visit by at least one member
21.4 The decision for each application shall be made by the full council at Council meetings
22. FINANCIAL MATTERS
The Council shall consider and approve Financial Regulations drawn up by the Responsible Financial Officer.
22.1 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 £100,000.
2) Any proposed contract for the supply of goods, materials, services and the execution of works with an estimated value in excess of £100,000 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 15.1 15.3 and 15.4 regarding improper activity.
22.2 The Financial Regulations of the Council shall be subject to regular review, at least once every four years.
(Note: Some Standing Order must be made for contracts for the supply of goods or the execution of works)
23. 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 (England) or Commission (Wales) for consideration.
24. 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.
25. STANDING ORDERS TO BE GIVEN TO MEMBERS
A copy of these Standing Orders shall be given to each member by the Clerk upon delivery to him of the member?s declaration of acceptance of office and written undertaking to observe the Code of Conduct adopted by the Council.