STANDING ORDERS

  1. GENERAL

    1.1 The Council shall meet monthly on the second Thursday of each month, in Grampound Town Hall, at 7.30 pm, unless the Council otherwise decides.

    1.2 Smoking is not permitted at any Meeting of the Council.

    1.3 Mobile phones shall be switched off, unless the Chairman decrees otherwise.

    1.4 Otherwise than in the event of an unavoidable emergency, notice of non-attendance at Meetings shall be notified to the Clerk or Chairman by 5pm at the latest on the day of the Meeting.

    1.5 The Statutory Annual Meeting shall be held:

    1.5.1 In an election year, on the second Thursday following the date of the election, provided that this shall be within fourteen days of the election .

    1.5.2 In a year, which is not an election year, on the second Thursday in May .

    1.6 The three other Meetings, deemed statutory Meetings, shall be held on the second Thursday in the months of January, August and November.

    1.7 Extraordinary Meetings of the Council may be called:

    1.7.1 By the Chairman at any time.

    1.7.2 Upon signed requisition by two Members, to the Clerk, and stating the business to be transacted.

  2. CHAIRMAN OF MEETING

    2.1 The Chairman shall preside at all Meetings of the Council.

    2.2 In the absence of the Chairman, the Vice-Chairman, or in the absence of both, the person elected to preside at the Meeting shall exercise all the powers and duties of the Chairman in relation to the conduct of the Meeting.

  3. QUORUM

    3.1 Three Members shall constitute a quorum.

    3.2 If, during any Meeting of the Council, the Chairman, after counting the number of Members present, declares that there is not a quorum, the Meeting shall stand adjourned and any business not transacted at the Meeting shall be transacted at the next Meeting or on such day as the Chairman may fix.

    3.3 If during a Meeting the number of Councillors present, and not debarred by reason of a declared personal, or prejudicial interest, falls below the quorum, the business not transacted at that Meeting, shall be transacted at the next Meeting, or on such other day as the Chairman may fix.

  4. VOTING

    4.1 Members shall vote by a show of hands or, if at least two Members so request, by signed ballot.

    4.2 If a Member so requires, the Clerk shall record the names of the Members who voted on any question as to show whether they voted for or against it.

    4.3 Following a vote, a Member may request that his/her individual vote or abstention is recorded.

    4.4 Subject to (4.4.1) and (4.4.2) below, the Chairman may give an original vote on any matter put to the vote, and in the case of an equality of votes may give a casting vote, even though s/he gave no original vote.

    4.4.1 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, s/he may not give an original vote in an election for Chairman.

    4.4.2 The person presiding must give a casting vote whenever there is an equality of votes in an election for Chairman.

    4 .5 Voting on Appointments:

  5. 4.5.1 Where more than two persons have been nominated for any position to be filled by the Council or Committees 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.

    4.5.2 This process shall be repeated until a majority of votes is given in favour of one person.

  6. DUTIES AND POWERS OF COUNCIL

    5.1 The following matters shall be reserved for decision by the Council itself:

    5.1.1 Precepting a rate.

    5.1.2 Borrowing money.

    5.1.3 Making, amending or revoking Standing Orders, Financial Regulations or Duties and Powers and Proper Officer provisions.

    5.1.4 Making, amending or revoking Byelaws.

    5.1.5 Making of Orders under any statutory powers.

    5.1.6 Appointing the Chairman of a Committee.

    5.1.7 Important matters of principle or policy, which have been referred directly by Committees or Officers.

    5.1.8 Prosecution or defence in a court of law.

  7. ORDER OF BUSINESS

    6.1 In an election year Councillors shall execute Declarations of Acceptance of Office in each other’s presence, or in the presence of a proper officer previously authorised by the Council for such declaration, before the annual Meeting commences.

    6.2 In addition each Councillor must undertake in writing to abide by the Council’s Code of Conduct and shall be forbidden to act until s/he has done so.

    Notes: The Acceptance of Office and the undertaking to abide by the Code of Conduct are now combined into one form.
    A copy of the Code of Conduct, which forms part of these Standing Orders, shall be provided for each Councillor.

    6.3 At each Annual Meeting the business shall be:

    6.3.1 To elect a Chairman.

    6.3.2 To receive the Chairman’s declaration of acceptance of office or, if not then received, to decide when it shall be received.

    6.3.3 To elect a Vice-Chairman.

    6.3.4 To receive the Vice-Chairman’s declaration of acceptance of office or, if not then received, to decide when it shall be received.

    6.3.5 In the ordinary year of election of the Council to fill any vacancies left unfilled at the election by reason of insufficient nominations.

    6.3.6 To decide when any declarations of acceptance of office which have not been received as provided by law shall be received.

    6.3.7 To appoint Committees. (Refer to Standing Orders 23-26).

    6.3.8 To inspect any deeds and trust instruments in the custody of the Council; and shall thereafter follow the order set out in Standing Order 6.4.2.

    6.4 At every Meeting other than the Annual Meeting, the business shall be:

    6.4.1 To appoint a Chairman, if the Chairman and Vice-Chairman 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.

    6.4.2 Thereafter, unless the Council otherwise decides on the grounds of urgency, the order of business shall be as follows:

    6.4.3 To consider and approve the signing of the Minutes, by the presiding Chairman, as a correct record.

    6.4.4 To deal with business expressly required by statute to be done.

    6.4.5 To dispose of business, if any, remaining from the last Meeting.

    6.4.6 To answer questions from Councillors.

    6.4.7 To receive reports and minutes of Committees and to consider matters contained therein.

    6.4.8 To receive and consider reports from officers of the Council.

    6.4.9 To consider motions or recommendations in the order in which they have been notified.

    6.4.10 To authorise the signing of orders for payment.

    6.4.11 To authorise the sealing of documents.

    6.4.12 Any other business specified in the summons.

    6.5 Subject to points 6.4.3 and 6.4.4 not being displaced, a motion to vary the order of business on the grounds of urgency 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 shall be put to the vote without discussion.

  8. RULES OF DEBATE

    7.1 These rules of debate are applicable to Meetings of the Council, Committees and Sub-Committees.

    7.2 A Member may remain seated when speaking unless requested by the Chairman to stand.

    7.3 No discussion shall take place upon the Minutes except upon their accuracy. Corrections to the Minutes shall be made by motion and must be initialled by the Chairman.

    7.4 A motion 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/her before it is further discussed or put to the Meeting.

    7.5 A Member when seconding a motion or amendment may, if s/he then declares his/her intention to do so, reserve his/her speech until a later period of the debate.

    7.6 A Member shall direct his/her speech to the question under discussion or to a personal explanation or to a question of order.

    7.7 No speech by a mover of a motion shall exceed five minutes, and no other speech shall exceed five minutes except by consent of the Council.

    7.8 An amendment shall be either:

    7.8.1 To leave out words.

    7.8.2 To leave out words and insert or add others.

    7.8.3 To insert or add words.

    7.9 An amendment shall not have the effect of negating the motion before the Council.

    7.10 If an amendment is carried, the motion, as amended, shall take the place of the original motion and shall become the motion upon which any further amendment may be moved.

    7.11 A further amendment shall not be moved until the Council has disposed of every amendment previously moved.

    7.12 The mover of a motion or of an amendment shall have a right of reply, not exceeding five minutes.

    7.13 If an amendment is proposed the mover of the amendment shall be entitled to reply immediately before the amendment is put to the vote.

    7.14 A Member exercising a right of reply shall not introduce new matter. After the right of reply has been exercised or waived, a vote shall be taken without further discussion. A Member, other than the mover of a motion, shall not, without leave of the Council, speak more than once on any motion except to move an amendment or further amendment, or on an amendment, or on a point or order, or in personal explanation, or to move a closure.

    7.15 A Member may make a point of order or a personal explanation. A Member for these purposes shall be heard forthwith. A personal explanation shall be confined to some material part of a former speech by him/her, which may have been misunderstood.

    7.16 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.

    7.17 A Member may, with the consent of his/her seconder, move amendment to his/her own motion.

    7.18 When a motion is under debate no other motion shall be moved except the following:

    7.18.1 To amend the motion.

    7.18.2 To proceed to the next business.

    7.18.3 To close or adjourn the debate.

    7.18.4 To put the question now.

    7.18.5 To give leave to withdraw a motion or amendment.

    7.18.6 To extend the time limit for speeches.

    7.18.7 To silence or eject from the Meeting a Member named for misconduct. (Refer to Standing Order 13).

    7.18.8 That the motion be referred to a Committee or to Council (as appropriate).

    7.18.9 To exclude the press and public. (Refer to Standing Order 14).

    7.18.10 To adjourn the Meeting.

    7.19 The ruling of the Chairman on a point of order or on the admissibility of a personal explanation shall not be discussed.

    7.20 Members shall address the Chairman.

    7.21 If two or more Members signal their wish to speak, the Chairman shall call upon one of them to speak first and the other/s shall await their call.

    7.22 Whenever the Chairman decides to speak during a debate all other Members shall be silent.

    7.23 Right to reply:

    7.23.1 The mover of a motion shall have a right to reply immediately before the motion is put to the vote.

    7.23.2 If an amendment is proposed the mover of the amendment shall be entitled to reply immediately before the amendment is put to the vote.

    7.23.3 A Member exercising a right of reply shall not introduce new matter.

    7.23.4 After the right of reply has been exercised or waived, a vote shall be taken without further discussion.

  9. MOTIONS MOVED WITH NOTICE

    8.1 Except as provided by these Standing Orders, no motion 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 10 clear working days before the next Meeting of the Council.

    8.2 The Clerk shall date and number each motion or recommendation in the order in which it was received and enter it in a spreadsheet, which shall be open to the inspection of every Member of the Council.

    8.3 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 s/he intends to move at some later Meeting, or that s/he withdraws it.

    8.4 If any motion or recommendation, specified in the summons, is not moved 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.

    8.5 If the subject matter of a motion 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 s/he considers it to be a matter of urgency, may allow it to be dealt with at the Meeting at which it was moved.

    8.6 Every motion or recommendation shall be relevant to some subject over which the Council has power or which affects its area.

  10. MOTIONS MOVED WITHOUT NOTICE

    9.1 Motions dealing with the following matters may be moved without notice:-

    9.1.1 To appoint a Chairman of the Meeting.

    9.1.2 To correct or approve the Minutes.

    9.1.3 To alter the order of business.

    9.1.4 To proceed to the next business.

    9.1.5 To put the question now.

    9.1.6 To close or adjourn the debate.

    9.1.7 To refer a matter to the Council or to a Committee (as appropriate).

    9.1.8 To appoint a Committee or any Members thereof.

    9.1.9 To adopt a report.

    9.1.10 To authorise the sealing of documents.

    9.1.11 To amend a motion.

    9.1.12 To give leave to withdraw a motion or amendment.

    9.1.13 To extend the time limit for speeches.

    9.1.14 To exclude the press and public. (Refer to Standing Order 14.)

    9.1.15 To silence or eject from the Meeting a Member named for misconduct. (Refer to Standing Order 13.)

    9.1.16 To invite a Member having an interest in the subject matter under debate to remain. (Refer to Council’s Code of Conduct.)

    9.1.17 To give the consent of the Council where such consent is required by these Standing Orders.

    9.1.18 To suspend any Standing Order. (Refer to Standing Order 27.)

    9.1.19 To adjourn the Meeting.

  11. CLOSURE

    10.1 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”.

    10.2 If such a motion is seconded the Chairman shall put the motion but, in the case of a motion “to put the question”, only if s/he is of the opinion that the question before the Council has been sufficiently debated.

    10.3 If the motion “that the question be now put” is carried, s/he shall call upon the mover to exercise or waive his/her 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.

    Note: Where a Meeting is adjourned the subsequent proceedings are part of the original Meeting and no new notices or agendas needs to be issued, except a notification to Members not present of the date of the continuation of the Meeting.

  12. RESCISSION OF PREVIOUS RESOLUTIONS

    11.1 No motion to rescind any resolution passed within the preceding six months and no motion or amendment to the same effect as one which has been rejected within the preceding six months shall be proposed unless the notice of motion bears the names of at least three Members of the Council.

    11.2 When any motion or amendment has been disposed of by the Council or Committee, it shall not be open to any Members to propose a similar motion within a further period of six months.

    11.3 This Standing Order shall not, however, apply to motions moved in pursuance of a recommendation of a Committee.

  13. QUESTIONS

    12.1 A Member may ask the Chairman or the Clerk any question concerning the business of the Council, provided notice of the question has been given to the person to whom it is addressed at least 3 clear working days before the Meeting begins.

    12.2 No questions not connected with business under discussion shall be asked.

    12.3 Every question shall be put and answered without discussion.

    12.4 A person to whom a question has been put may decline to answer.

  14. DISORDERLY CONDUCT

    13.1 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 scandalise the Council or bring it into contempt or ridicule.

    13.2 If, in the opinion of the Chairman, a Member has broken the provisions of Standing Order 13.1, the Chairman shall express that opinion to the Council and thereafter may move that the Member named be no longer heard, or that the Member named do leave the Meeting, and the motion, shall be put forthwith and without discussion.

    13.3 If either of the motions mentioned in Standing Order 13.2 is disobeyed, the Chairman may suspend the Meeting or take such further steps as may reasonably be necessary to enforce them.

  15. ADMISSION OF THE PUBLIC AND PRESS TO MEETINGS

    14.1 At all Meetings of the Council or its Standing Committees there shall be a short period allowed for questions from the Public. A question may be answered orally or in writing, which shall be circulated to all Members of the Council, but shall not be the subject of further debate.

    14.2 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 motion:
    “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.”
    The special reasons shall be stated.
    Notes: Circular 1/86 issued by the National Association deals with the situations where it is likely to be desirable to exclude the public. If a person’s advice or assistance is needed they may be invited (by name) to remain after exclusion motion is passed.

    14.3 The Clerk shall afford to the press reasonable facilities for taking their report of any proceedings at which they are entitled to be present .

    14.4 If a Member of the public interrupts the proceedings at any Meeting, the Chairman may, after warning, order that s/he be removed from the Council Chamber.

FINANCIAL REGULATIONS

  1. Section 151 of the Local Government Act 1972, together with Section 73 of the Local Government Act 1985 and Section 114(1) of the Local Government Finance Act, 1988 requires that every local authority shall make arrangements for the proper administration of their financial affairs, and shall secure that one of their officers has responsibility for the administration of those affairs. The accounting, financial administration and financial control system of the Council shall be the specific responsibility of the Clerk, who shall maintain the integrity of the financial administration and control systems.
  2. EXPENDITURE

    16.1 The normal method of payment of money due from the Council shall be by cheque, drawn on the Council’s banking account.

    16.2 Orders for the payment of money shall be authorised by resolution of the Council and signed by two Members.

    16.3 Before presenting an account for payment, the Clerk, shall have satisfied him/herself that:

    16.4 The work, goods or services to which the account relates have been carried out, received, examined and approved.

    16.5 The prices, calculations, trade discounts, other allowances, credits and tax are correct.

    16.6 The relevant expenditure has been properly incurred, and is within the relevant estimate provision.

    16.7 The account has not been previously passed for payment and is a proper liability of the Council.

  3. CONTROL OF INCOME

    17.1 The collection of all money due to the Council shall be under the supervision of the Clerk.

    17.2 Where cash is received in payment of any debt an official receipt must be given at the time of payment to the payer.

    17.3 Personal cheques shall not be cashed out of the money held on behalf of the Council.

    17.4 Sums due to the Council shall not be written off without the approval of the Council.

  4. ASSET REGISTER

    18.1 The Clerk will maintain a register of all properties, equipment, etc. owned by the Council, including the purchase details.

    18.2 The Asset Register shall be updated annually, in April.

  5. ACCOUNTS AND FINANCIAL STATEMENT

    19.1 Except as provided in Standing Order 19.2 or by statute, all accounts for payment and claims upon the Council shall be laid before the Council.

    19.2 Where it is necessary to make an urgent payment before it has been authorised by the Council, any such payment shall be certified as correct by the Clerk, and shall be authorised for payment with the approval of the Chairman or Vice-Chairman of the Council.

    19.3 All payments ratified under Standing Order 19.2 shall be separately included in the next schedule of payments laid before the Council.

    19.4 Every quarter (March, June, September and December) the Clerk shall present to each Member a budget monitor, outlining the Council’s financial position.

    19.5 The Clerk shall supply to each Member, at the ordinary Meeting next after the end of the Financial Year, a statement of receipts and payments.

    19.6 Every year at the Budget Setting Meeting the Council shall discuss written estimates for the next financial year, including:

    19.6.1 Reviewing the pay and conditions of service of existing employees.

    19.6.2 Considering the payment of any subscriptions falling to be paid annually.

    19.7 Any Member desiring to promote a project shall, not less than 10 days before the Budget Setting Meeting give to the Clerk a written estimate of the expenditure to be incurred for the coming year.

  6. AUDIT

    20.1 The Clerk shall arrange to carry out a continuous and current examination and internal audit of all accounting, financial and other operations of the Council.

    20.2 The Clerk shall, in pursuance of these duties, have authority to:

    20.2.1 Enter at all reasonable times on any Council premises or land.

    20.2.2 Have access to all records, documents and correspondence.

    20.2.3 Require and receive such explanations as are necessary concerning any matter under examination.

    20.2.4 Require any person to produce cash, stores or any other Council property under their control.

    20.3 The Council’s External Auditor shall be the Audit Commission.

    20.4 The Internal Auditor shall be appointed, annually, at the Council’s Annual Meeting.

  7. CONTRACTS

    21.1 Where it is intended to enter into a contract exceeding £3,000 but not exceeding £10,000 in value for the supply of goods or materials or for the execution of works, the Clerk shall give at least three weeks’ public notice of such intention in the same manner as public notice of Meetings of the Council is given.

    21.2 Where the value of the intended contract exceeds £10,000, similar notice shall be given in addition to all firms included in the appropriate standing approved list of contractors maintained by the District Council.

    21.2.1 Notice of a contract exceeding £10,000 shall state the general nature of the intended contract and state the name and address of the person to whom tenders are to be addressed and the last date by which those tenders should reach that person in the ordinary course of post.

    21.2.2 Tenders shall be opened by the Clerk, in the presence of the Chairman or Vice Chairman, on the date specified, pursuant to Standing Order 22.2.1 and shall be reported to the Council or, where the tenders have been sought by a Committee or Sub-Committee to that Committee or Sub-Committee.

    21.2.3 Neither the Council nor any Committee, or Sub-Committee is bound to accept the lowest tender.

    21.2.4 If no tenders are received or if all the tenders are identical the Council may make such arrangements for procuring the goods or materials or executing the works as it thinks fit.

    21.2.5 A notice issued under this Standing Order shall contain a statement of the effect of Standing Orders 37.

    21.3 Cancellation of Contracts:

    21.3.1 There shall be inserted in every written contract a clause empowering the Council to cancel the contract and to recover from the contractor the amount of any loss resulting from such cancellation, if the contractor shall have offered or given or agreed to give any person any gift or consideration of any kind as an inducement or reward for doing or forbearing to do or for having done or forborne to do any action in relation to the obtaining or execution of the contract or any other contract with the Council, or for showing or for-bearing to show favour or disfavour to any person in relation to the contract or any other person employed by him/her or acting on his/her behalf (whether with or without the knowledge of the contractor), or if in relation to any contract with the Council, have committed any offence under the Prevention of Corruption Acts, 1889 and 1916, or shall have given any fee or reward the receipt of which is an offence under Section 117 of the Local Government Act 1972.

  8. APPOINTMENT OF CONSULTANTS

    22.1 Tenders for consultancy work shall be invited only from the Membership list of the appropriate professional body and not from public advertisement. Having consulted the Membership list of the relevant professional body, preference should be given to firms in the locality. Where no profession body exists qualifications, experience and evidence of work undertaken must be sought to establish credibility.

    22.2 The full terms of the appointment should be made known to tenderers at the time tenders are invited.

    22.3 The Council reserves the right to appoint consultants for preliminary advice (e.g. for project feasibility studies) without the delay and expense of tendering.

COMMITTEES and SUB-COMMITTEES

  1. COMMITTEES AND SUB-COMMITTEES

    23.1 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:-

    23.1.1 Shall not appoint any Member of a Committee so as to hold office later than the next Annual Meeting.

    23.1.2 May appoint persons other than Members of the Council to any Committee.

    23.1.3 May subject to the provisions of Standing Order 11 at any time dissolve or alter the Membership of a Committee.

    23.2 The Chairman and Vice-Chairman ex officio shall be Members of every Committee.

    23.3 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.

    23.4.The Chairman of a Committee or the Chairman of the Council may summon an additional Meeting of that Committee at any time. The summons shall set out the business to be considered at a special Meeting and no other business shall be transacted at that Meeting.

    23.5 Every Committee may appoint Sub-Committees for purposes to be specified by the Committee.

    23.6 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.

    23.7 The Standing Orders on rules of debate (except those parts relating to speaking more than once) and the Standing Order relating to the Code of Conduct and other matters shall apply to Committee and Sub-Committee Meetings.

  2. ADVISORY COMMITTEES

    24.1 The Council may at its Annual Meeting appoint advisory Committees, and may at any other time appoint such other Committees as are necessary, but subject to any statutory provision.

    24.2 The Clerk shall inform the Members of each advisory Committee of the terms of reference of the Committee.

    24.3 An advisory Committee may make recommendations and give notice thereof to the Council.

    24.4 An advisory Committee may consist wholly of persons who are not Members of the Council.

  3. COMMITTEE PROTOCOL

    25.1 Members of Committees and Sub-Committees entitled to vote shall vote by show of hands, or, if at least two Members so request, by signed ballot.

    25.2 Chairmen of Committees and Sub-Committees shall in the case of an equality of votes have a second and casting vote.

    25.3 Order of business:

    25.3.1 The order of business shall be as set out in the agenda.

    25.3.2 No item of business shall be considered unless it is included on the Agenda.

    25.3.3 Notice of such Meetings, together with the items to be discussed, shall be displayed at least three clear working days beforehand.

    25.3.4 Meetings of the Committees of the Council shall be held in accordance with the calendar of Meetings, approved by the Council from time-to-time.

    25.4 Copies of the matters discussed, in the form of Minutes of Meetings, shall be provided to the Clerk at least one week before the Council Meeting, in order that they may be circulated with the Council Agenda.

    25.5 Any Member of the Council shall, unless the Council otherwise orders, be entitled to be present as a spectator at the Meetings of any Committee of which s/he is not a Member and may, if the Chairman so permits, speak but not vote on a specific matter/s under consideration.

    25.6 A Member who has proposed a motion, which has been referred to any Committee of which s/he is not a Member, may explain his/her motion to the Committee but shall not vote.

  4. PLANNING COMMITTEE

    26.1 At the Annual Meeting, the Council shall appoint a standing Committee, to be known as the Planning Committee. The Council may, at any time, dissolve the Committee or alter its Membership.

    26.2 The Planning Committee shall consist of three Members.

    26.3 The quorum shall be three. The Chairman of the Planning Committee has the power to co-opt another Council Member, temporarily, in the event that one Planning Committee Member is unable to attend a Meeting.

    26.4 No Member of a Committee shall be appointed so as to hold office later than the next Annual Meeting of the Council.

    26.5 Rules of Debate shall be in accordance with the Council’s Standing Order 7.

    26.6 The Planning Committee shall respond to planning applications, on the Council’s behalf, except in the case of large developments, or developments affecting a large section of parish residents. Matters may be referred to full Council for decision in the event of a majority vote of Committee Members present.

    26.7 The Clerk shall, as soon as it is received, record all planning applications and decisions on a spreadsheet kept for the purpose the following particulars of every planning application notified to the Council:-

    26.7.1 The date on which it was received.

    26.7.2 The name of the applicant.

    26.7.3 The place to which it relates

    26.7.4 A summary of the nature of the application.

    26.8 The Clerk shall refer every planning application to the Chairman of the Planning Committee, or in the Chairman’s absence to the Vice-Chairman, at least one week prior to the scheduled Planning Meeting.

    26.9 Meetings of the Planning Committee shall be held on the Monday of the week preceding the Council Meeting (i.e. nine days beforehand), except when this shall fall on a Bank Holiday, in which instance the Meeting shall be held on the Tuesday of that week.

CONDUCTION of COUNCIL BUSINESS

  1. STANDING ORDERS

    27.1 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.

    27.2 A motion 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.

    27.3 A copy of these Standing Orders shall be given to each Member, by the Clerk, upon delivery to him/her of the Member’s declaration of acceptance of office.

  2. SEALING OF DOCUMENTS

    28.1 A document shall not be sealed on behalf of the Council unless its sealing has been authorised by a resolution.

    28.2 Any two Members of the Council named in a motion moved under the provisions of Standing Order 30.1 may seal, on behalf of the Council, any document required by law to be issued under seal.

  3. LIAISON WITH COUNTY AND DISTRICT COUNCILLORS

    29.1 A notice of a Meeting shall be sent, together with an invitation to attend, to the County Councillor for the county division and to the District Councillor/s for the district ward.

    29.2 Unless the Council otherwise orders, a copy of each letter ordered to be sent to the County or District Council shall be transmitted to the County Councillor or Councillor/s for the ward as the case may require.

  4. COMPLAINTS

    30.1 The Council shall deal with complaints of maladministration allegedly committed by the Council or by any officer or Member in the manner set out in its Customer Care policy. (Council’s Complaints’ Procedure refers.)

  5. PROPER OFFICER

    31.1 Where a statute, regulation or order confers functions or duties on the proper officer of the Council in the following cases, s/he shall be the Clerk:

    31.1.8 To receive declarations of acceptance of office.

    31.1.2 To receive and record notices disclosing personal and prejudicial interests.

    31.1.3 To receive and retain plans and documents.

    31.1.4 To sign notices or other documents on behalf of the Council.

    31.1.5 To receive byelaws made by the District Council.

    31.1.6 To certify byelaws made by the Council.

    31.1.7 To sign summonses to attend Meetings of the Council.

    31.1.8 In any other case the Proper Officer shall be the person nominated by the Council and in default of nomination, the Clerk.

  6. DELEGATION TO CLERK

    32.1 The Clerk shall be empowered to exercise and perform on behalf of and in the name of, and without further reference to the appropriate Committee of the Council all powers and duties of the Council in relation to the following as described:

    32.1.1 The day-to-day administration of services and routine inspection and control.

    32.1.2 To exercise such powers and duties as laid down in the Financial Regulations.

  7. DISCUSSION AND RESOLUTIONS AFFECTING EMPLOYEES OF THE COUNCIL

    33.1 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. (Refer to Standing Order 14.)

  8. CANVASSING OF AND RECOMMENDATIONS BY MEMBERS

    34.1 If a candidate for any appointment under the Council is to his/her knowledge related to any Member of or the holder of any office under the Council, s/he and the person to whom s/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 further notice. Where relationship to a Member is disclosed the Standing orders on Interests shall apply. The Clerk shall make known the purport of this Standing Order to every candidate.

    34.2 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 purpose of this Standing Order to every candidate.

    34.3 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 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.

    34.4 Standing Order 37 shall apply to tenders as if the person making the tender were a candidate for an appointment.

  9. INSPECTION OF DOCUMENTS

    35.1 All Minutes and documents kept by the Council and by any Committee shall be open for the inspection of any Member of the Council.

    35.2 The Minutes shall be open to inspection by any local government elector of the Parish without charge, unless they refer to business conducted in the absence of the public.

  10. UNAUTHORISED ACTIVITIES and CONFIDENTIALITY

    36.1 No Member of the Council or of any Committee or Sub-Committee shall in the name of or on behalf of the Council:

    36.1.1 Inspect any lands or premises which the Council has a right or duty to inspect;
    or

    36.1.2 issue orders, instructions or directions unless authorised to do so by the Council or the relevant Committee or Sub-Committee.

    36.2 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.

    36.3 Any Member in breach of the provisions of Standing Order 36.2 shall be removed from any Committee or Sub-Committee of the Council by the Council.

  11. DECLARATION OF INTERESTS

    37.1 If any Member has a personal interest, within the meaning of the Code of Conduct as introduced by SI 2000/3335 subsequent to Part III of the Local Government Act 2000 in any matter, s/he must declare it.

    37.2 If any Member has a personal interest, which is also a prejudicial interest within the meaning of the Code of Conduct as introduced by SI 2000/3335 subsequent to Part III of the Local Government Act 2000 in any matter, s/he must declare it and while it is under consideration by the Council, withdraw from the Meeting unless the interest is trivial in the manner described in Section 97(5).

    37.3 The Clerk shall record in a book to be kept for the purpose, particulars of any notice given by any Member or any officer of the Council of any pecuniary interest, and the book shall be open during the reasonable hours of the day for the inspection of any Member.