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Chedworth Parish Council
Standing Orders
NOTE. Some matters on which a council would
normally make a standing order have been laid down by Acts of Parliament and
are therefore compulsory. The Standing Orders based on them have been printed
in italic.
MEETINGS
1 a. The statutory Annual Meeting shall be held on the third Monday in May
or on a different Monday if agreed by the Council. b. In
an election year the meeting shall be held on the day when councillors take
office or within 14 days thereafter 2.
The
meetings shall be held monthly and be on the third Monday of each month unless
varied by Resolution of the Council. N. B. Three of these meetings are
compulsory. 3.
An extraordinary meeting of the council may
be called at any time by the Chairman or in his/her absence by the Vice
Chairman subject only to the statutory three
clear days notice being given.
CHAIRMAN OF MEETING
4. The
person presiding at a meeting may exercise all the powers and duties of the
Chairman in relation to the conduct of the meeting.
PROPER OFFICER
5. Where a statute, regulation or order
confirms functions or duties on the proper officer of the council, in the
following cases this shall be the clerk: - a.
To receive declaration of acceptance of
office. b.
To receive and record notices disclosing
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 byelaws made by a
district council. f.
To certify copies of byelaws made by the
council. g.
To sign summonses to attend meetings of the
council. h.
To provide a minute book for the recording of
proceedings of council meetings. In any other case, the proper
officer shall be the person nominated by the council and, in default of a
nomination, the clerk.
QUORUM
6.
Three members shall constitute a quorum. 7.
If a quorum is not present when the council
meets or if during a meeting the number of councillors present and not debarred
by reason of a declared pecuniary interest falls below the quorum, the business
not transacted at that meeting shall be transacted at the next meeting or on
such a day as the chairman shall fix. VOTING 8. Members shall vote by a show of hands. 9. If a member so requires, the clerk shall
record the names of the members who voted on any issue so as to show whether
they voted for or against it. 9 a. Subject
to (8) and (9) above, 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 he/she gave an original vote. b.
If the person presiding at the annual meeting
would have ceased to be a member of the council but for the statutory
provisions that preserve the membership of the chairman and vice chairman until
the end of their term of office he/she may not give an original vote in the
election for chairman. c.
The person presiding must give a casting vote
whenever there is an equality of votes in an election for chairman. ORDER OF BUSINESS In an election year councillors shall execute declarations of Acceptance
of Office in each others’ presence, or in the presence of a
proper officer authorised by the council to take such declaration, before the
annual meeting commences. 10.
At each annual meeting, the first business
shall be: a.
To elect a Chairman. b.
To receive the Chairman’s declaration of
office or, if not then received, to decide when it shall be received. c.
To decide when any declarations of acceptance
of office that have not been received as provided by law shall be received. d. To elect a
Vice-Chairman or defer election to a specific date. e.
To nominate school governors when
appropriate. f.
To thereafter follow the order set out in
Standing Order 13. 11.
At every meeting other than the Annual
Meeting, the first business shall be to elect a chairman if the Chairman and
Vice-Chairman are both 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. 12.
In every year, not later than the meeting at
which the estimates for the next year are settled, the Council shall review the
pay of the Clerk 13.
After the first business has been completed,
the order of business, unless the council otherwise decided on the grounds of
urgency, shall be as follows: a.
To record the names of the members present at
the meeting. b.
To record apologies for absence. c.
To state that the members of the public must
remain silent when council is convened, but may be given the opportunity to
speak by passing a motion proposed by the Chairman approving temporary closure
of the meeting for this purpose. d.
To read and consider the Minutes: provided
that if a copy has been circulated to each member not later that the day of
issue of the summons to attend the meeting, the minutes may be taken as read. e.
After consideration, to approve the signature
of the minutes by the person presiding as a correct record. f.
To deal with business expressly required by
statute to de done. g.
To deal with business as listed on the
agenda. h. To authorise
the signing of orders for payment. i.
Any other business specified by the summons. 14.
A motion to vary the order of business on the
grounds 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. RESOLUTIONS MOVED BY NOTICE 15.
Except as provided by these Standing Orders,
no resolution may be moved unless the Clerk has put the business to which it
relates on the Agenda. 16.
The Clerk shall insert in the summons for
every meeting all items that councillors have given notice that they wish to be
included in the Agenda and any on which members of the public have indicated
they wish to question the council. Where questions have been tabled by members
of the public, the Chairman will allow time for these to be dealt with at the
Council meeting provided it is practical for these to be dealt with within a
realistic time. 17.
If any item is discussed but no agreement
reached on a course of action, it shall not automatically appear on the next
agenda. Any member can ask for the item to appear on the next or a subsequent
agenda if they so wish. The council can vote on a motion that “No action is
required”. 18.
Every resolution or recommendation shall be
relevant to some question over which the Council has power or which affects its
area. RESOLUTIONS MOVED WITHOUT NOTICE 19.
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 proceed to a vote. g.
To close or adjourn the debate h. To adopt a
report i.
To authorise the sealing of documents. j.
To amend a resolution. k.
To give leave to withdraw a resolution or an
amendment, l.
To extend the time limit for speeches. m. To exclude
the public. (See Order 42) n. To silence
or eject from the meeting a member named for misconduct. (See Order 23) o. To invite a
member having an interest in the subject matter under debate to remain. (See
Order 35) p. To give the
consent of the Council where such consent is required by these Standing Orders. q. To suspend
any Standing Order. (See Orders 42) RULES OF DEBATE 20.
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. 21 a. A
member shall direct his speech to the question under discussion or to a
question of order. b. A resolution
or amendment shall not be voted on unless it has been proposed and seconded,
and, unless proper notice has been given. c. An amendment shall not have the effect of
negating the motion before the council. d.
If an amendment is carried, the resolution,
as amended, shall take the place of the original resolution and shall become
the resolution upon which any further amendment shall be moved. e.
The proposer with the consent of the council
may withdraw a motion or amendment. f.
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 a vote be taken.
v.
That a named member be not allowed to speak.
vi.
That a named member shall leave the meeting.
vii.
To exclude the public or the press.
viii.
To adjourn the meeting. 22 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. c. Whenever the Chairman speaks during a debate
all other members shall be seated and silent. DISORDERLY CONDUCT 23 a. No
member shall at a meeting persistently disagree with 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. b. If, in the opinion of the Chairman, a member
has broken the provisions of paragraph (a) of this order, the Chairman shall
express that opinion to the Council and thereafter any member may move that the
member named shall no longer be heard or that the member named do leave the
meeting, and the motion, if seconded, shall be put forthwith and without
discussion. c. If the motion mentioned in paragraph (b) is
disobeyed, the Chairman may suspend the meeting or take such further steps as
may reasonably be necessary to enforce them. ALTERATION OF RESOLUTION 24.
A member may, with the consent of his
seconder, move amendments to his own resolution. 25. A decision (whether affirmative or
negative) of the Council, shall not be reversed within six months except by a
special resolution, the written notice whereof bears the names of at least two
members of the council. 26. When a special resolution has been
disposed of, no similar resolution may be moved within a further six months. VOTING ON APPOINTMENTS 27.
Where more than two persons have been
nominated for a 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 the majority of votes is given in favour of
one person. DISCUSSIONS
AND RESOLUTIONS AFFECTING EMPLOYEES OF THE COUNCIL 28.
If at a meeting there arises a 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 41) EXPENDITURE 29. Orders for the payment of money shall
be authorized by the resolution of the Council and signed by two members. ACCOUNTS AND FINANCIAL STATEMENT 30 a. Except as provided in paragraph (b) of this
standing order or by statute, all accounts for payment and claims upon the
Council shall be laid before the Council. b.
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 Chairman or Vice-Chairman. c.
All payments ratified under sub-paragraph (b)
of this Standing Order shall be separately included in the next schedule of
payments laid before the Council. 31 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. INTERESTS [See appendix for amplification
of Order 32] 32 a. Councillors must declare any personal
interests. An interest is personal where a decision could affect the well
being or financial position of the Councillor or that of a relative or friend
to greater extent than other Council Tax payers. Interests can arise from
employment, business interests, shareholdings and membership of organisations. b. An interest is deemed to be "prejudicial"
where a member of the public with knowledge of the relevant facts would
reasonably regard the interest as so significant that it is likely to prejudice
the Member's judgement of the public interest. c. If a personal interest is not prejudicial,
then the Councillor declaring the interest may speak and vote. On the other
hand, if an interest is prejudicial the Councillor must declare it and leave
the room where the meeting is taking place. (A Councillor can be seen to
influence his/her col1eagues just by being present at the meeting). 33. The clerk shall record in a book to be kept for the purpose;
particulars of any personal or prejudicial interest declared by any member or
any officer of the council, and the book shall be available for inspection by
any member of the council or public within reasonable hours. 34. If any member has a non-pecuniary
interest within the ambit of the National Code of Local Government Conduct he
shall, having declared it, be invited to withdraw from the meeting. 35. 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 to do so shall be disqualified for such appointment, and, if
appointed, may be dismissed without notice. The Clerk shall report to the
Council any such disclosure. The Clerk shall make known the purport of this
Standing Order to every candidate. CANVASSING OF AND RECOMMENDATION BY MEMBERS 36. Canvassing of members directly or
indirectly, for any appointment under the council shall disqualify the
candidate for such an appointment. The Clerk shall make known the purport of
this sub-paragraph to every candidate. 37. A member of the
Council shall not solicit for any person any appointment under the Council or
recommend any person for such appointment. Nevertheless, a member may give a
written testimonial of a candidate’s ability, experience or character for
submission to the Council with an application for appointment. 38. Standing Orders 36 and 37 shall apply to
tenders as if the person making the tender were a candidate for an appointment.
INSPECTION OF DOCUMENTS 39. 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. 40.
All minutes kept by the Council shall be open
for the inspection of any member of the Council. ADMISSION OF THE PUBLIC AND PRESS TO MEETINGS 41.
The public shall be admitted to all meetings
of the council which may, however temporarily exclude the public by means of
the following resolution: “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” 42.
The clerk shall afford to the press
reasonable facilities for taking their report of any proceedings at which they
are entitled to be present, 43.
If a member of the public interrupts the
proceedings at any meeting, the Chairman may, after warning, order that he/she
leave the Council room. CONFIDENTIAL BUSINESS 44.
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. LIAISON WITH COUNTY AND DISTRICT COUNCILLORS 45.
A notice of meetings shall be sent together
with an invitation to attend to the PLANNING APPLICATIONS 46.
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 sent. b. The name of
the applicant. c. The place to
which it relates. d. A summary of
each application. 47.
On receipt of Planning Applications the Clerk
shall ascertain whether the Application can be dealt with at an ordinary Parish
Council meeting. If this is not possible, the Clerk shall circulate the Plans
to all Councillors and shall make representations to the Planning Authority
under Delegated Powers based upon the number of Councillors’ responses stating
Objection or No Objection. 48. Where amendments are received to an
application that was previously objected to by the council, Councillors must be
clear to comment on the full application including the amendment, and not just
the amendment. STANDING ORDERS ON CONTRACTS 49 a. Where
it is intended to enter into a contract exceeding £1000.00 but not exceeding
£10000.00 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. Where the value of the intended
contract exceeds £10000.00, similar notice shall be given in addition to all
firms included in the appropriate standing approved list of contractors maintained
by the District Council, or if no such list is maintained then in such
newspapers circulation in the district as the Council shall direct. b. Notice of a
contract exceeding £10000.00 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 these tenders should reach that person in
the ordinary course of the post. c. Tenders
shall be opened by the Clerk or other such person to whom tenders are required to
be addressed on the date specified pursuant to paragraph 41a of this order and
shall be reported by the person who opened them to the Council. d. The Council
is not bound to accept the lowest tender. e. 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. f.
A notice issued under this standing order
shall contain a statement of the effects of Standing Orders Nos. 37, 38 and 39. 50. Invitations
to Tender for any Farm Business Tenancy offered by the Parish Council will be
advertised for at least 28 days before the meeting at which they are to be
considered. The Clerk will report any breaches of the Tenancy agreement to the
Council CODE OF CONDUCT FOR COMPLAINTS 51. Alleged breaches to the Code of Conduct
to which all councillors sign up on appointment to the council should be
reported to the Monitoring Officer at the Cotswold District Council. VARIATION, REVOCATION AND SUSPENSION OF
STANDING ORDERS 52. Any or every part of the Standing Orders
except those printed in italics or paragraph 41a above may be suspended by
resolution in relation to any item of business. 53. 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. STANDING ORDERS TO BE GIVEN TO MEMBERS 54. 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. Appendix Clarification of Order 32 a. In consideration of Planning
Applications you will have a prejudicial interest if you are the applicant or
if a relative or friend of yours is. Again, you will have a prejudicial
interest if land that you or a relative or friend owns will be affected by the
proposed development ego if you are a neighbour, if the value of your land will
change - enhanced or decreased, or if the development would have an impact on
how you enjoy the use of your land. A case in point would be where views from
your house would be affected. b. Friendship is more than mere acquaintance
and depends on a number of factors such as how often you meet, where you meet,
whether you visit one another's homes, whether you attend the same social
functions, whether you know each other's family or whether you are closely
connected in any other way. c. Membership of clubs may give rise to a
prejudicial interest, e.g. a Councillor would have a prejudicial interest if
he/she were a member of a golf club, which made a planning application. Again,
membership of lobbying groups can lead to prejudicial interest having to be
declared. Members of lobbying groups should not speak or vote on matters
directly affecting those groups or where the groups have publicly expressed
opinions on the proposals being considered by the Town or Parish Councillor
Parish Meeting. |