NOTE |
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a |
References to ‘he’ throughout this document, refers to a person statement. |
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This document will be reviewed at the beginning of each 4-year cycle. |
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Certain matters have been laid down by Acts of Parliament and are therefore compulsory; these are printed in bold type. |
1 |
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Meetings |
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Meetings of the Council shall normally be held on the first Tuesday of each month
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The place for the Meeting shall normally be in the Memorial Hall in Ewyas Harold and the start of the meeting will normally be at 7.30pm
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c |
Smoking is not permitted at any meeting of the Council.
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d |
Meetings shall not last longer than two hours. Any business not dealt with at the conclusion of this time, will be placed towards the top of the agenda for the next meeting.
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2 |
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The Statutory Annual Meeting |
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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
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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.
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Other Statutory Meetings |
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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.
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4 |
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Chairman of the Meeting |
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The Meeting will be presided over by the duly elected Chair, or in his/her absence the Vice-Chair will preside. |
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In the absence of both the Chair and the Vice Chair, the meeting shall choose a Councillor to preside.
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The person presiding at a meeting may exercise all the powers and duties of the Chairman in relation to the conduct of the meeting.
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5 |
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Proper Officer |
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The Proper Officer of the Council is the Clerk. The Responsible Financial Officer of the Council is the Clerk. Other duties and responsibilities of the Clerk are as laid down in the Conditions of Service Contract and Job Description.
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Notwithstanding those duties and responsibilities, it shall be the duty of the Clerk to advise Members on the content and interpretation of these Standing Orders.
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6 |
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Quorum of the Council |
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a |
Three members or one-third of the total membership, whichever is the greater, shall constitute a quorum at meetings of the Council. In the case of EHGPC a minimum of 5 Councillors will constitute a quorum.
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b |
If a quorum is not present or if during a meeting the number of councillors present (not counting those debarred by reason of a declared interest) falls below the required quorum, the meeting shall be adjourned and business not transacted shall be transacted at the next meeting or on such other day as the Chairman may fix.
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7 |
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Voting |
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Members shall vote by show of hands unless the meeting decides otherwise. |
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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.
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Subject to (I) and (II) 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.
- 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.
- The person presiding must give a casting vote whenever there is an equality of votes in an election for Chairman.
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8 |
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Order of Business |
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At each Annual Parish Council Meeting the first business shall be:-
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To elect a Chairman of the Council
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To receive the Chairman’s declaration of acceptance of office or, if not then received, to decide when it shall be received.
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In the ordinary year of election of the Council to fill any vacancies left unfilled at the election by reason of insufficient nominations.
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To decide when any declarations of acceptance of office which have not been received as provided by law shall be received.
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To elect a Vice-Chairman of the Council.
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9 |
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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.
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10 |
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The Council shall conduct its lawful business according to the Agenda. The
Chairman can vary the order of business, without notice, and will consider any reasonable request from a member to so do, provided it is supported by a majority of the Councillors present. |
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After consideration to approve the signature of the Minutes by the
person presiding as a correct record.
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To deal with business expressly required by statute to be done.
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11 |
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Urgent Business |
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Urgent Business, may be discussed at the meeting, subject to the agreement of the majority of Councillors present.
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12 |
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Minutes |
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No discussion of the Minutes shall take place except upon their accuracy. Corrections to the Minutes shall be made by resolution and must be initialled by the Chairman.
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13 |
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Rules of Debate |
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A resolution or amendment shall not be discussed unless it has been proposed and seconded.
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amendment shall be either:-
- To leave out words.
- To leave out words and insert others
- To insert or add words
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An amendment shall not have the effect of negating the resolution before the Council. |
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The amendment shall be voted on first.
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If the amendment falls, a vote shall be taken on the original resolution.
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A further amendment shall not be moved until the Council has disposed of every amendment previously moved.
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The mover of a resolution or of an amendment shall have a right of reply, not exceeding (5) minutes.
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A motion or amendment may be withdrawn by the proposer with the consent of the Council. |
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When a resolution is under debate no other resolution shall be moved. |
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14 |
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A member shall remain seated when speaking unless requested to stand by the Chairman. |
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15 |
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Members shall address the Chairman. If two or more members wish to
speak, the Chairman shall decide who to call upon |
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Whenever the Chairman speaks during a debate all other members shall be silent |
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16 |
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Disorderly Conduct |
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All members must observe the Code of Conduct which was adopted by the council on 4th September 2007.
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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.
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c |
If a member reasonably believes another member is in breach of the code of conduct, that member is under a duty to report the breach to the Standards Board for England.
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The Chairman may adjourn the meeting or take such further steps as may reasonably be necessary to control disorderly conduct.
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17 |
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Right Of Reply |
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The mover of a resolution shall have a right to reply immediately before the resolution is put to the vote |
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18 |
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Alteration of Resolution |
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A member may, with the consent of his seconder, move amendments to his own resolution.
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19 |
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Rescission of Previous Resolution |
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A decision (whether affirmative or negative) of the Council shall not normally
be re-visited within six months unless significant new information comes to light, and further debate is agreed by the majority of Councillors present.
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20 |
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Voting on Appointments |
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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.
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21 |
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Discussions and Resolutions Affecting Employees of the Council |
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If at a meeting there arises any question relating to the appointment, conduct, promotion, dismissal, salary or conditions of service, of the Clerk , it shall not be considered until the Council or committee (as the case may be) has excluded the press and public. (See Standing Order No. 41.)
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22 |
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Expenditure |
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Orders for the payment of money shall be authorised by resolution of the Council and signed by two members.
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Monitoring of expenditure will be carried out by the Responsible Financial Officer.
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23 |
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Committees and Working Groups |
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The Council may at its Annual Meeting appoint standing committees and may at any other time appoint such other committees as are necessary. |
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24 |
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The Planning Committee shall consist of any available Councillor and the quorum shall be a minimum of 3 Councillors
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25 |
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The Planning Committee has the delegated responsibility from Ewyas Harold Parish Council:
To decide on contentious planning applications where a decision is required between Council meetings.
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26 |
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Except where ordered by the Council the quorum of a committee shall be one-half of its members. |
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27 |
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The Standing Orders on rules of debate (except those parts relating to standing and to speaking more than once) and the Standing Order on interests of members in contracts and other matters shall apply to committees and working group meetings.
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28 |
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Advisory Committees |
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The Council may create advisory committees, whose name, and number of members and the bodies to be invited to nominate members shall be specified. |
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The Clerk shall inform the members of each advisory committee of the terms of reference of the committee.
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An advisory committee may make recommendations and give notice thereof to the Council
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An advisory committee may consist wholly of persons who are not members of the Council.
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29 |
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Accounts and Financial Statement |
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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. |
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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 Responsible Financial Officer. Such payment (up to £200) shall be authorised by the Clerk for payment. Such payments above £200 shall be authorised by the Clerk with the approval of the Chairman or Vice-Chairman of the Council.
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c |
All payments ratified under sub-paragraph (b) of this Standing Order shall be separately included in the next schedule of payments before the Council.
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30 |
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The Responsible Financial Officer shall supply to each member as soon as practicable after 31 March in each year a statement of the receipts and payments of the Council for the completed financial year. A Financial Statement prepared on the appropriate accounting basis (receipts and payments, or income and expenditure) for a year to 31 March shall be presented to each member before the end of the following month of May. The Statement of Accounts of the Council (which is subject to external audit) shall be presented to Council for formal approval before the end of the following month of September. |
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31 |
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Interests |
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If a member has a personal interest as defined by the Code of Conduct adopted by the Council on 4th September 2007, then he shall declare such interest as soon as it becomes apparent, disclosing the existence and nature of that interest as required.
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32 |
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If a member who has declared a personal interest then considers the interest to be prejudicial, he may attend the stage of the meeting during consideration of the item to which the interest relates but only for the purpose of making representations, answering questions or giving evidence relating to the business, and after all representations have been made he must withdraw from the room or chamber during consideration of the item to which the interest relates. Where such an issue arises, members of the public will, through the Chair, be given the same right of representation.
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33 |
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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.
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34 |
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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 32 and 33 shall apply as appropriate.
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35 |
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The Clerk shall make known the purpose of Standing Order 47 to every candidate.
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36 |
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Canvassing of and Recommendations by Members |
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Canvassing of members or officers 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.
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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.
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37 |
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Standing Order Nos. 35 & 37 shall apply to tenders as if the person making the tender were a candidate for an appointment.
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Inspection of Documents |
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All minutes kept by the Council and by any committee shall be open for the inspection of any member of the Council.
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39 |
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Admission of the Public and Press to Meetings |
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The public and press shall be admitted to all meetings of the Council and its committees, which may, however, temporarily exclude the public and press, 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”
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40 |
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The Council shall state the special reason for exclusion.
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41 |
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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. |
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42 |
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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.
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43 |
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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.
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44 |
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Confidential Business |
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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, the committee, or working group, as the case may be. |
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Any member in breach of the provisions of paragraph (a) of this Standing Order shall be removed from any committee of the Council by the Council.
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45 |
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Liaison with County and District Councillors |
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A summons and Agenda for each meeting shall be sent, together with an invitation to attend, to the Unitary Councillor for the appropriate division or ward.
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46 |
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Planning Applications |
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The Clerk shall, as soon as it is received, record the following particulars of every planning application notified to the Council: -
- the date on which it was received
- the name of the applicant
- the place to which it relates
- the details of the application;
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The Clerk shall refer every planning application received to the Council normally within 48 hours of receipt, unless intended as an agenda item at the next council meeting.
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47 |
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Financial Matters |
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The Council shall consider and approve Financial Regulations drawn up by the Responsible Financial Officer.
- Such Regulations shall include detailed arrangements for the following:
- the accounting records and systems of internal control;
- the assessment and management of risks faced by the Council;
- the work of the Internal Auditor and the receipt of regular reports from the Internal Auditor which shall be required at least annually;
- the financial reporting requirements of members and local electors and
- procurement policies (subject to (2) below) including the setting of values for different procedures where the contract has an estimated value less than £25,000.
- Any proposed contract for the supply of goods, materials, services and the
execution of works with an estimated value in excess of £25,000 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 public notice of intention to place a contract to be placed in a local newspaper;
- a specification of the goods, materials, services and the execution of works shall be drawn up;
- tenders are to be sent, in a sealed marked envelope, to the Clerk by a stated date and time;
- tenders submitted are to be opened, after the stated closing date and time, by the Clerk and at least one member of Council;
- 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 35, 37 & 38 regarding improper activity.
5) The Financial Regulations of the Council shall be subject to regular review, at least once every four years.
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48 |
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Code of Conduct on Complaints |
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The Council shall follow the guidelines of the National Association of Local Councils, in dealing, appropriately, with complaints of maladministration allegedly committed by the Council or by any officer or member, except for those complaints which should be properly directed to the Standards Board (England) or Commission (Wales) for consideration. |
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49 |
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Variation and Revocation of Standing Orders |
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A resolution permanently to add, vary or revoke a Standing Order, except those printed in bold type, shall when proposed and seconded, stand adjourned without discussion to the next ordinary meeting of the Council.
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50 |
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Suspension of Standing Orders |
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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.
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51 |
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Standing Orders to be Given to Members |
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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.
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