Standing Orders
Status: updated by reference to NALC Model Standing Orders dated 18 July 2018 (ENGLAND) — updated April 2022
Date Adopted: Adopted by Resolution of the Council 27 March 2023
Prepared by: Sheila Pearce, Parish Clerk
Review Due: May 2024 or sooner if legislation or operating experience dictates
Note: Standing Orders that are in bold type contain legal and statutory requirements. Statutory requirements to which a council is subject apply whether or not they are incorporated in a council’s Standing Orders. These Standing Orders do not include Financial Regulations, which regulate and control the financial affairs and accounting procedures of the Council. These are in a separate document and include the requirements relevant to the Council’s Responsible Financial Officer.
Contents:
1 Rules of Debate at meetings
2 Disorderly Conduct at Meetings
3 Meetings Generally
4 Committees and Sub-Committees
5 Ordinary Council Meetings
6 Extraordinary Meetings of the Council, Committees and Sub-Committees
7 Previous Resolutions
8 Voting on Appointments
9 Motions for a meeting that require Written Notice to be given to the Proper Officer
10 Motions at a Meetings that do not require Written Notice
11 Management of Information
12 Draft Minutes
13 Code of Conduct and Dispensations
14 Code of Conduct Complaints
15 Proper Officer
16 Responsible Financial Officer
17 Accounts and Accounting Statements
18 Financial Controls and Procurement
19 Matters Affecting Council Employees
20 Responsibilities to provide Information
21 Responsibilities under Data Protection Legislation
22 Relations with the Press/Media
23 Execution and Sealing of Legal Deeds
24 Communicating with District and County or Unitary Councillors
25 Restrictions on Councillor Activities
26 General Power of Competence
27 Planning Matters
28 Standing Orders Generally
1. RULES OF DEBATE AT MEETINGS
a Motions on the agenda shall be considered in the order that they appear unless the order is changed at the discretion of the Chair of the meeting.
b A Motion (including an amendment) shall not be progressed unless it has been moved and seconded.
c A Motion on the agenda that is not moved by its proposer may be treated by the Chair of the meeting as withdrawn.
d If a Motion (including an amendment) has been seconded, it may be withdrawn by the proposer only with the consent of the seconder and the meeting.
e An amendment is a proposal to remove or add words to a Motion. It shall not negate the Motion.
f If an amendment to the original Motion is carried, the original Motion (as amended) becomes the substantive Motion upon which further amendment(s) may be moved.
g An amendment shall not be considered unless early verbal notice of it is given at the meeting and, if requested by the Chair of the meeting, is expressed in writing to the Chair.
h A Councillor may move an amendment to his/her/their own Motion if agreed by the meeting. If a Motion has already been seconded, the amendment shall be with the consent of the seconder and the meeting.
i If there is more than one amendment to an original or substantive Motion, the amendments shall be moved in the order directed by the Chair of the meeting.
j Subject to Standing Order 1k below, only one amendment shall be moved and debated at a time, the order of which shall be directed by the Chair of the meeting.
k One or more amendments may be discussed together if the Chair of the meeting considers this expedient, but each amendment shall be voted upon separately.
l A Councillor may not move more than one amendment to an original or substantive Motion.
m The mover of an amendment has no right of reply at the end of debate on it.
n Where a series of amendments to an original Motion are carried, the mover of the original Motion shall have a right of reply either at the end of debate of the first amendment or at the very end of debate on the final substantive Motion immediately before it is put to the vote.
o Unless permitted by the Chair of the meeting, a Councillor may speak once in the debate on a Motion except:
i. to speak on an amendment moved by another Councillor;
ii. to move or speak on another amendment if the Motion has been amended since he/she/they last spoke;
iii. to make a point of order;
iv. to give a personal explanation; or
v. in exercise of a right of reply.
p During the debate of a Motion, a Councillor may interrupt only on a point of order or a personal explanation and the Councillor who was interrupted shall stop speaking. A Councillor raising a point of order shall identify the Standing Order which he considers has been breached or specify the other irregularity in the proceedings of the meeting he is concerned by.
q A point of order shall be decided by the Chair of the meeting and his/her/their decision shall be final.
r When a Motion is under debate, no other Motion shall be moved except:
i. to amend the Motion;
ii. to proceed to the next business;
iii. to adjourn the debate;
iv. to put the Motion to a vote;
v. to ask a person to be no longer heard or to leave the meeting;
vi. to refer a Motion to a committee or sub-committee for consideration;
vii. to exclude the public and press;
viii. to adjourn the meeting; or
ix. to suspend particular Standing Order(s) excepting those which reflect mandatory statutory or legal requirements.
s Before an original or substantive Motion is put to the vote, the Chair of the meeting shall be satisfied that the Motion has been sufficiently debated and that the mover of the Motion under debate has exercised or waived his/her/their right of reply.
t Excluding Motions moved under Standing Order 1(r) above, the contributions or speeches by a Councillor shall relate only to the Motion under discussion and shall not exceed 10 minutes without the consent of the Chair of the meeting.
2 DISORDERLY CONDUCT AT MEETINGS
a No person shall obstruct the transaction of business at a meeting or behave offensively or improperly. If this Standing Order is ignored, the Chair of the meeting shall request such person(s) to moderate or improve their conduct.
b If a person or persons disregards the request of the Chair of the meeting to moderate or improve their conduct, any Councillor or the Chair of the meeting may move that the person be no longer heard or be excluded from the meeting. The Motion, if seconded, shall be put to the vote without discussion.
c If a Resolution made in accordance with Standing Order 2(b) above is ignored, the Chair of the meeting may take such further reasonable steps to restore order or to progress the meeting. This may include temporarily suspending or closing the meeting.
3. MEETINGS GENERALLY
# = Full Council meetings
% = Committee meetings
$ = Sub-committee meetings
# a Meetings shall not take place in premises which at the time of the meeting are used for the supply of alcohol, unless no other premises are available free of charge or at a reasonable cost.
# b The minimum three clear days for notice of a meeting does not include the day on which notice was issued, the day of the meeting, a Sunday, a day of the Christmas break, a day of the Easter break or of a bank holiday or a day appointed for public thanksgiving or mourning.
% c The minimum three clear days’ public notice for a meeting does not include the day on which the notice was issued, or the day of the meeting, unless the meeting is convened at shorter notice.
# % d Meetings shall be open to the public unless their presence is prejudicial to the public interest by reason of the confidential nature of the business to be transacted or for other special reasons. The public’s exclusion from part or all of a meeting shall be by a Resolution which shall give reasons for the public’s exclusion.
e Members of the public may make representations, answer questions and give evidence in the public session of a meeting which they are entitled to attend in respect of any item of business on the agenda.
f The period of time which is designated for public participation in accordance with Standing Order 3(e) above shall not exceed 15 minutes and any individual must limit their questions or statements to a maximum of 3 minutes, unless these times are extended as directed by the Chair of the meeting.
g A question asked by a member of the public during a public participation session at a meeting shall not require an immediate response or start a debate on the question. The Chair of the meeting may direct that an oral or written response may be given to a question posed by a member of the public.
h A person wishing to speak at a meeting shall raise their hand and/or stand if they wish, and when asked to proceed, direct his/her/their comments to the Chair of the meeting.
i Only one person is permitted to speak at a time. If more than one person wishes to speak, the Chair of the meeting shall direct the order of speaking.
j A record of a public participation session at a meeting shall be included in the minutes of that meeting.
# % k Subject to Standing Order 3l, a person who attends a meeting is permitted to report on the meeting whilst the meeting is open to the public. To ‘report’ means to film, photograph, make an audio recording of meeting proceedings, use any other means for enabling persons not present to see or hear the meeting as it takes place or later or to report or to provide oral or written commentary about the meeting so that the report or commentary is available as the meeting takes place or later to persons not present.
# % l A person present at a meeting may not provide an oral report or oral commentary about a meeting as it takes place without permission.
# % m The press shall be provided with reasonable facilities for the taking of their report of all or part of a meeting at which they are entitled to be present.
# n Subject to Standing Orders which indicate otherwise, anything authorised or required to be done by, to or before the Chair of the Council may in his/her/their absence be done by, to or before the Vice-Chair of the Council.
# o The photographing, recording, filming or other reporting of a child or vulnerable adult at a Council or committee meeting is not permitted unless an adult responsible for them has given permission.
# p The Chair of the Council, if present, shall preside at a meeting. If the Chair is absent from a meeting, the Vice Chair of the Council, if present shall preside. If both the Chair and the Vice Chair are absent from a meeting, a Councillor as chosen by the Councillors present at the meeting shall preside at the meeting.
# % $ q Subject to a meeting being quorate, all questions at a meeting shall be decided by a majority of the Councillors (and non-Councillors with voting rights) present and voting thereon by a show of hands.
# % $ r The Chair of a meeting may give an original vote on any matter put to the vote, and in the case of an equality of votes may exercise his/her/their casting vote whether or not he/she/they gave an original vote. (See also Standing Orders 5 (h) and (i) below for the different rules that apply in the election of the Chair of the Council at the Annual Meeting of the Council)
# s Unless Standing Orders provide otherwise, (as noted in q above) voting on a question shall normally be by a show of hands. At the request of a Councillor, the voting on any question shall be recorded so as to show whether each Councillor present and voting gave his/her/their vote for or against that question. Such a request shall be made before moving on to the next item of business on the agenda.
t The minutes of a meeting shall include an accurate record of the following:
i. the time and place of the meeting
ii. the names of Councillors who are present, whether in person, via video or phone, and the names of Councillors who are absent.
iii. if prior to a meeting a Councillor has submitted reasons for his/her/their absence from the meeting, and this/her/their absence is then approved by a Resolution, such Resolution shall be recorded in the minutes of the meeting at which the approval was given.
iv. interests that have been declared by Councillors and non-Councillors with voting rights
v. the grant of dispensations (if any) to Councillors and non-Councillors with voting rights
vi. whether a Councillor or non-Councillor with voting rights left the meeting when matters that they held interests in were being considered, and when they returned
vii. if there was a public participation session and
viii. the Resolutions made.
# % $ u A Councillor or a non-Councillor with voting rights who has a disclosable pecuniary interest or another interest as set out in the Council’s Code of Conduct in a matter being considered at a meeting is subject to Statutory limitations or restrictions under the Code on the right to participate and vote on that matter. The Code of Conduct adopted by the Council shall apply to Councillors in respect of the entire meeting, including the public session. An interest arising from the Code of Conduct adopted by the Council, the existence and nature of which is required to be disclosed by a Councillor at a meeting, shall be recorded in the minutes.
# v No business may be transacted at a meeting unless at least one third of the whole number of members of the Council are present (4 of 11) and in no case shall the quorum of a meeting be less than 3.
See Standing Order 4d(viii) for the quorum of a committee or sub-committee meeting.
# % $ w If a meeting is or becomes inquorate no business shall be transacted and the meeting shall be closed. The business on the agenda for the meeting shall be adjourned to another meeting.
x Meetings shall not exceed a period of 3 hours.
4. COMMITTEES AND SUB COMMITTEE MEETINGS
a Unless the Council determines otherwise, a committee may appoint a sub-committee whose terms of reference and members shall be determined by the committee.
b The members of a committee may include non-Councillors unless it is a committee which regulates and controls the finances of the Council.
c Unless the Council determines otherwise, all the members of an advisory committee and a sub-committee of the advisory committee may be non-Councillors.
d The Council may appoint standing committees or other committees or working groups as may be necessary, and:
i. shall determine their terms of reference;
ii. shall determine the number and time of the ordinary meetings of a standing committee up until the date of the next annual meeting of full council;
iii. shall permit a committee, other than in respect of the ordinary meetings of a committee, to determine the number and time of its meetings;
iv. shall, subject to Standing Orders 4(b) and (c), appoint and determine the terms of office of members of such a committee;
v. may, subject to Standing Orders 4(b) and (c), appoint and determine the terms of office of the substitute members to a committee whose role is to replace the ordinary members at a meeting of a committee if the ordinary members of the committee confirm to the Proper Officer 7 days before the meeting that they are unable to attend;
vi. shall, after it has appointed the members of a standing committee, appoint the Chair of the standing committee;
vii. shall permit a committee other than a standing committee, to appoint its own Chair at the first meeting of the committee;
viii. shall determine the place, notice requirements and quorum for a meeting of a committee and a sub-committee which, in both cases, shall be no less than three;
ix. shall determine if the public may participate at a meeting of a committee;
x. shall determine if the public and press are permitted to attend the meetings of a sub-committee and also the advance public notice requirements, if any, required for the meetings of a sub-committee;
xi. shall determine if the public may participate at a meeting of a sub-committee that they are permitted to attend; and
xii. may dissolve a committee or sub-committee.
5. ORDINARY COUNCIL MEETINGS
a In an election year, the Annual Meeting of the Council shall be held on or within 14 days following the day on which the new Councillors elected take office.
b In a year which is not an election year, the Annual Meeting of a Council shall be held on such day in May as the Council decides.
c If no other time is fixed, the Annual Meeting of the Council shall take place at 6pm.
d In addition to the Annual Meeting of the Council, at least three other ordinary meetings shall be held in each year on such dates and times as the Council decides.
e The first business conducted at the Annual Meeting of the Council shall be the election of the Chair and Vice Chair of the Council.
f The Chair of the Council, unless he/she/they/they has resigned or becomes disqualified, shall continue in office and preside at the Annual Meeting until his/her/their successor is elected at the next Annual Meeting of the Council.
g The Vice-Chair of the Council, if any, unless he/she/they resigns or becomes disqualified, shall hold office until immediately after the election of the Chair of the Council at the next Annual Meeting of the Council.
h In an election year, if the current Chair of the Council has not been re-elected as a member of the Council, he/she/they shall preside at the meeting until a successor Chair of the Council has been elected. The current Chair of the Council must not have an original vote in respect of the election of the new Chair of the Council but shall give a casting vote in the case of an equality of votes.
i In an election year, if the current Chair of the Council has been re-elected as a member of the Council, he/she/they shall preside at the meeting until a new Chair of the Council has been elected. He/she/they may exercise an original vote in respect of the election of the new Chair of the Council and shall give a casting vote in the case of an equality of votes.
j Following the election of the Chair of the Council and Vice-Chair, if any, of the Council at the Annual Meeting of the Council, the business shall normally include the following as relevant
i. In an election year, delivery by the Chair of the Council and Councillors of their Acceptance of Office forms, unless this has already been done or the Council resolves for this to be done at a later date. In a year which is not an election year, delivery by the Chair of the Council of his/her/their acceptance of the Office of Chair form, unless the Council resolves for this to be done at a later date;
ii. Confirmation of the accuracy of the minutes of the last meeting of the Council and to receive and note minutes of and/or to determine recommendations made by committees.
iii. Receipt of the minutes of the last meeting of a committee
iv. Consideration of the recommendations made by a committee
v. Review of delegation arrangements to committees, sub-committees, staff, and other local authorities as required
vi. Review of the terms of references for committees.
vii. Receipt of nominations and appointments to existing committees.
viii. Appointment of any new committees, confirmation of the terms of reference, the number of members (including, if appropriate, substitute Councillors) and receipt of nominations to them.
ix. Review and adoption of appropriate Standing Orders and Financial Regulations.
x. Review of arrangements, including any legal agreements, with other local authorities, not-for-profit bodies and business, including review of contributions made to expenditure incurred by other local authorities.
xi. Review of representation on or work with external bodies and arrangements for reporting back.
xii. Review of inventory of land and assets including buildings and office equipment.
xiii. Review and confirmation of arrangements for insurance cover in respect of all insured risks.
xiv. Review of the Council’s and/or employees’ subscriptions and memberships of other bodies.
xv. Review of the Council’s complaints procedure.
xvi. Review of the Council’s policy, procedures practice in respect of its obligations under Freedom of Information and Data Protection Legislation (see also Standing Orders 11, 20 and 21).
xvii. Review of the Council’s policy for dealing with the press/media
xviii. Review of the Council’s employment policies and procedures
xix. Review of the Council’s expenditure under s137 of the Local Government Act 1972 or the General Power of Competence
xx. Setting the dates, times, and place of ordinary meetings of the full Council for the year ahead including the next Annual Meeting of the Council.
xxi. In an election year, to make arrangements with a view to the council becoming, or continuing to be, eligible to exercise the General Power of Competence in the future.
6. EXTRAORDINARY MEETINGS OF THE COUNCIL, COMMITTEES AND SUB-COMMITTEES, ADVISORY COMMITTEES AND WORKING GROUPS
a The Chair of the Council may convene an extraordinary meeting of the Council at any time.
b If the Chair of the Council does not call an extraordinary meeting of the Council within seven days of having been requested in writing to do so by two Councillors, any two Councillors may convene an extraordinary meeting of the Council. The public notice giving the time, place, and agenda for such a meeting shall be signed by the two Councillors.
c The Chair of a committee or a sub-committee may convene an extraordinary meeting of the committee or the sub-committee at any time.
d If the Chair of a committee or a sub-committee does not call an extraordinary meeting within 7 days of having been requested to do so by 2 members of the committee or the sub-committee, any 2 members of the committee or the sub-committee may convene an extraordinary meeting of the committee or a sub-committee.
e The Council may appoint advisory committees or working groups comprised of a number of Councillors and non-Councillors.
f Advisory committees and working groups and any sub-committees may consist wholly of persons who are non-Councillors.
7. PREVIOUS RESOLUTIONS - RECISSION
a A Resolution of the Council shall not be reversed within 6 months except either by (i) a special Motion, which requires the written notice of at least 3 Councillors to be given to the Proper Officer in accordance with Standing Order 9, or by (ii) a Motion moved in pursuance of the recommendation of a committee or sub-committee.
b When a special Motion or any other Motion moved pursuant to Standing Order 7(a) has been disposed of, no similar Motion may be moved within a further 6 months.
8. VOTING ON APPOINTMENTS
a. Where more than 2 persons have been nominated for a position to be filled by the Council and none of those persons has received an absolute majority of votes in their favour, the name of the person having the least number of votes shall be struck off the list and a fresh vote taken. This/her/their process shall continue until a majority of votes is given in favour of one person. A tie in votes may be settled by the casting vote exercisable by the Chair of the meeting.
9. MOTIONS FOR A MEETING THAT REQUIRE WRITTEN NOTICE TO BE GIVEN TO THE PROPER OFFICER
a A Motion shall relate to the responsibilities of the meeting for which it is tabled, and in any event, shall relate to the performance of the Council’s statutory functions, powers and obligations or an issue which specifically affects the Council’s area or its residents.
b No Motion may be moved at a meeting unless it is on the agenda and the mover has given written notice of its wording to the Proper Officer at least 10 clear days before the meeting. Clear days do not include the day of the notice or the day of the meeting.
c The Proper Officer may, before including a Motion on the agenda received in accordance with Standing Order 9(b), correct obvious grammatical or typographical errors in the wording of the Motion.
d If the Proper Officer considers the wording or subject of a Motion received in accordance with Standing Order 9(b) is not clear in meaning, the Motion shall be rejected until the mover of the Motion resubmits it, so that it can be understood, in writing, to the Proper Officer at least 10 clear days before the meeting.
e If the wording or subject of a proposed Motion is considered improper, the Proper Officer shall consult with the Chair of the forthcoming meeting or, as the case may be, the Councillors who have convened the meeting, to consider whether the Motion shall be included in the agenda or rejected.
f The decision of the Proper Officer as to whether or not to include the Motion on the agenda shall be final.
g Motions received shall be recorded and numbered in the order that they are received.
h Motions rejected shall be recorded with an explanation by the Proper Officer of the reason for rejection.
10. MOTIONS AT A MEETING THAT DO NOT REQUIRE WRITTEN NOTICE
a The following Motions may be moved at a meeting without written notice to the Proper Officer:
i. to correct an inaccuracy in the draft minutes of a meeting;
ii. to move to a vote;
iii. to defer consideration of a Motion;
iv. to refer a Motion to a particular committee or sub-committee;
v. to appoint a person to preside at a meeting;
vi. to change the order of business on the agenda;
vii. to proceed to the next business on the agenda;
viii. to require a written report;
ix. to appoint a committee or sub-committee and their members;
x. to extend the time limits for speaking;
xi. to exclude the press and public from a meeting in respect of confidential or other information which is prejudicial to the public interest;
xii. to not hear further from a Councillor or a member of the public;
xiii. to exclude a Councillor or member of the public for disorderly conduct;
xiv. to temporarily suspend the meeting;
xv. to suspend a particular Standing Order (unless it reflects mandatory statutory or legal requirements);
xvi. to adjourn the meeting; or
xvii. to close the meeting.
11. MANAGEMENT OF INFORMATION - See also Standing Order 20.
a The Council shall have in place and keep under review, technical and organisational measures to keep secure information (including personal data) which it holds in paper and electronic form. Such arrangements shall include deciding who has access to personal data and encryption of personal data.
b The Council shall have in place, and keep under review, policies for the retention and safe destruction of all information (including personal data) which it holds in paper and electronic form. The Council’s retention policy shall confirm the period for which information (including personal data) shall be retained or if this/her/their is not possible the criteria used to determine that period (e.g. the Limitation Act 1980).
c The agenda, papers that support the agenda and the minutes of a meeting shall not disclose or otherwise undermine confidential information or personal data without legal justification.
d Councillors, staff, the Council’s contractors, and agents shall not disclose confidential information or personal data without legal justification.
12. DRAFT MINUTES
# = Full Council meetings
% = Committee meetings
$ = Sub-committee meetings
a If the draft minutes of a preceding meeting have been served on Councillors with the agenda to attend the meeting at which they are due to be approved for accuracy, they shall be taken as read.
b There shall be no discussion about the draft minutes of a preceding meeting except in relation to their accuracy. A Motion to correct an inaccuracy in the draft minutes shall be moved in accordance with Standing Order 10(a)(i).
c The accuracy of draft minutes, including any amendment(s) made to them, shall be confirmed by Resolution and shall be signed by the Chair of the meeting and stand as an accurate record of the meeting to which the minutes relate.
d If the Chair of the meeting does not consider the minutes to be an accurate record of the meeting to which they relate, he/she/they shall sign the minutes and include a paragraph in the following terms or to the same effect:
“The Chair of this meeting does not believe that the minutes of the meeting of the (state meeting) held on [date] in respect of (item no. ) were a correct record but his/her/their view was not upheld by the majority of the (state meeting/committee) and the minutes are confirmed as an accurate record of the proceedings.”
# % $ e. If the Council’s gross annual income or expenditure (whichever is higher) does not exceed £25,000, it shall publish draft minutes on a website which is publicly accessible and free of charge not later than one month after the meeting has taken place.
f. Subject to the publication of draft minutes in accordance with Standing Order 12(e) and Standing Order 20 (a) and following a Resolution which confirms the accuracy of the minutes of a meeting the draft minutes, or recordings of the meeting, for which approved minutes exist shall be destroyed.
13. CODE OF CONDUCT AND DISPENSATIONS
See also standing order 3(u).
a All Councillors and non-Councillors with voting rights shall observe the Code of Conduct adopted by the Council. All Councillors and non-Councillors with voting rights shall therefore familiarise themselves with the Code of Conduct upon appointment, particularly the following Nolan Principles of public life:
i. Selflessness – Councillors must serve only the public interest and must never improperly confer an advantage of disadvantage on any person including themselves
ii. Objectivity – in carrying out public business Councillors must make decisions on merit, including when making appointments, awarding contracts, determining response to planning applications, or recommending individuals for rewards or benefits
iii. Accountability – Councillors are accountable for their decisions and actions to the public and must submit themselves to whatever scrutiny is appropriate to their office
iv. Openness – Councillors must be as open as possible about their actions and those of the Council, and must be prepared to give reasons for those actions
v. Honesty and integrity – Councillors must not place themselves in situations where their honesty or integrity may be questioned, must not behave improperly and must on all occasions avoid the appearance of such behaviour
vi. Leadership – Councillors must promote and support high standards of conduct when serving in their public post, in particular as characterised by the above requirements, by leadership and example in a way that secures or preserves confidence.
Councillors should undertake any necessary training in the Code of Conduct within 6 months of the delivery of their Declaration of Acceptance of Office.
b Unless he/she/they/they has been granted a dispensation, a councillor or non-councillor with voting rights shall withdraw from a meeting when it is considering a matter in which he/she/they/they has a disclosable pecuniary interest. He/she/they/they may return to the meeting after it has considered the matter in which he/she/they/they had the interest.
c Unless he/she/they/they has been granted a dispensation, a councillor or non-councillor with voting rights shall withdraw from a meeting when it is considering a matter in which he/she/they/they has another interest if so required by the Council’s code of conduct. He/she/they/they may return to the meeting after it has considered the matter in which he/she/they/they had the interest.
d Dispensation requests shall be in writing and submitted to the Proper Officer as soon as possible before the meeting, or failing that, at the start of the meeting for which the dispensation is required.
e A decision as to whether to grant a dispensation shall be made [by the Proper Officer] OR [by a meeting of the Council, or committee or sub-committee for which the dispensation is required] and that decision is final.
f A dispensation request shall confirm:
i. the description and the nature of the disclosable pecuniary interest or other interest to which the request for the dispensation relates;
ii. whether the dispensation is required to participate at a meeting in a discussion only or a discussion and a vote;
iii. the date of the meeting or the period (not exceeding four years) for which the dispensation is sought; and
iv. an explanation as to why the dispensation is sought.
g Subject to standing orders 13(d) and (f), a dispensation request shall be considered [by the Proper Officer before the meeting or, if this is not possible, at the start of the meeting for which the dispensation is required] OR [at the beginning of the meeting of the Council, or committee or sub-committee for which the dispensation is required].
h A dispensation may be granted in accordance with standing order 13(e) if having regard to all relevant circumstances any of the following apply:
i. without the dispensation the number of persons prohibited from participating in the particular business would be so great a proportion of the meeting transacting the business as to impede the transaction of the business;
ii. granting the dispensation is in the interests of persons living in the Council’s area; or
iii. it is otherwise appropriate to grant a dispensation.
14. CODE OF CONDUCT COMPLAINTS
a Upon notification by the District or Unitary Council that it is dealing with a complaint that a Councillor or non-Councillor with voting rights has breached the Council’s Code of Conduct, the Proper Officer shall, subject to Standing Order 11, report this/her/their to the Council.
b Where the notification in Standing Order 14(a) relates to a complaint made by the Proper Officer, the Proper Officer shall notify the Chair of Council of this/her/their fact, and the Chair shall nominate another staff member to assume the duties of the Proper Officer in relation to the complaint until it has been determined and the Council has agreed what action, if any, to take in accordance with Standing Order 14(d).
c The Council may:
i. provide information or evidence where such disclosure is necessary to investigate the complaint or is a legal requirement;
ii. seek information relevant to the complaint from the person or body with statutory responsibility for investigation of the matter;
d Upon notification by the District or Unitary Council that a Councillor or non-Councillor with voting rights has breached the Council’s Code of Conduct, the Council shall consider what, if any, action to take against him/her. Such action excludes disqualification or suspension from office.
15. PROPER OFFICER
a The Proper Officer shall be either (i) the Clerk or (ii) other staff member(s) nominated by the Council to undertake the work of the Proper Officer when the Proper Officer is absent. The Proper Officer and the employee appointed to act as such during the Proper Officer’s absence shall fulfil the duties assigned to the Proper Officer in Standing Orders.
b The Proper Officer shall:
i. at least three clear days before a meeting of the council, a committee, or a sub-committee,
• serve on Councillors by delivery or post at their residences or by email authenticated in such manner as the Proper Officer thinks fit, a signed summons confirming the time, place and the agenda (provided the Councillor has consented to service by email), and
• Provide, in a conspicuous place, public notice of the time, place and agenda (provided that the public notice with agenda of an extraordinary meeting of the Council convened by Councillors is signed by them).
See Standing Order 3(b) for the meaning of clear days for a meeting of a full council and Standing Order 3(c) for the meaning of clear days for a meeting of a committee;
ii. subject to Standing Order 9, include on the agenda all Motions in the order received unless a Councillor has given written notice at least 7 days before the meeting confirming his/her/their withdrawal of it;
iii. convene a meeting of the Council for the election of a new Chair of the Council, occasioned by a casual vacancy in his/her/their office;
iv. facilitate inspection of the Minutes by local government electors;
v. receive and retain copies of byelaws made by other local authorities;
vi. hold acceptance of office forms from Councillors;
vii. hold a copy of every Councillor’s register of interests;
viii. assist with responding to requests made under Freedom of Information legislation and rights exercisable under data protection legislation, in accordance with the Council’s relevant policies and procedures;
ix. liaise, as appropriate, with the Council’s Data Protection Officer (if there is one);
x. receive and send general correspondence and notices on behalf of the Council except where there is a Resolution to the contrary;
xi. assist in the organisation of, storage of, access to, security of and destruction of information held by the Council in paper and electronic form subject to the requirements of data protection and Freedom of Information legislation and other legitimate requirements (e.g. the Limitation Act 1980);
xii. arrange for legal deeds to be executed;
(see also Standing Order 23);
xiii. arrange or manage the prompt authorisation, approval, and instruction regarding any payments to be made by the Council in accordance with its Financial Regulations;
xiv. Record responses and/or decisions on planning applications received by the Council. All such application details are available online at http://publicaccess.e-lindsey.gov.uk/online-applications/
xv. Refer a planning application received by the Council to the Chair or in his/her/their absence the Vice-Chair of the Council, within 2 working days of receipt and to facilitate an Extraordinary Meeting if the nature of a planning application requires consideration before the next ordinary meeting of the Council. Also refer to section 27 - Planning Matters
xvi. manage access to information about the Council via the Publication Scheme; and
xvii. Where relevant, retain custody of the seal of the Council which shall not be used without a Resolution to that effect. (see also Standing Order 24).
xviii. Action or undertake activity or responsibilities instructed by Resolution or contained in Standing Orders.
xix. A log of every Resolution made by the council shall be maintained by the Proper Officer, including voting for, against or abstained.
16 RESPONSIBLE FINANCIAL OFFICER
a The Council shall appoint an appropriate staff member or engage the services of a suitably experienced temporary replacement, to undertake the work of the Responsible Financial Officer when the Responsible Financial Officer is absent for any significant duration.
17. ACCOUNTS AND ACCOUNTING STATEMENTS
a “Proper practices” in Standing Orders refer to the most recent version of “Governance and Accountability for Local Councils – a Practitioners’ Guide”.
b All payments by the Council shall be authorised, approved and paid in accordance with the law, proper practices and the Council’s Financial Regulations.
c The Responsible Financial Officer shall supply to each Councillor as soon as practicable after 30 June, 30 September and 31 December in each year a statement to summarise:
i. the Council’s receipts and payments (or income and expenditure) for each quarter;
ii. the Council’s aggregate receipts and payments (or income and expenditure) for the year to date;
iii. the balances held at the end of the quarter being reported and
which includes a comparison with the budget for the financial year and highlights any actual or potential overspends.
d As soon as possible after the financial year end at 31 March, the Responsible Financial Officer shall provide:
i. each Councillor with a statement summarising the Council’s receipts and payments (or income and expenditure) for the last quarter and the year to date for information; and
ii. to the Council the accounting statements for the year in the form of Section 2 of the annual governance and accountability return, as required by proper practices, for consideration and approval.
e The year-end accounting statements shall be prepared in accordance with proper practices and apply the form of accounts determined by the Council (receipts and payments, or income and expenditure) for the year to 31 March. A completed draft Annual Governance and Accountability return shall be presented to all Councillors at least 14 days prior to anticipated approval by the Council. The Annual Governance and Accountability return of the Council, which is subject to external audit, including the Annual Governance Statement, shall be presented to the Council for consideration and formal approval normally before 30 June.
18. FINANCIAL CONTROLS AND PROCUREMENT
a. The Council shall consider and approve Financial Regulations drawn up by the Responsible Financial Officer, which shall include detailed arrangements in respect of the following:
i. the keeping of accounting records and systems of internal controls;
ii. the assessment and management of financial risks faced by the Council;
iii. the work of the independent internal auditor in accordance with proper practices and the receipt of regular reports from the internal auditor, which shall be required at least annually;
iv. the inspection and copying by Councillors and local electors of the Council’s accounts and/or orders of payments; and
v. whether contracts with an estimated value below £25,000 due to special circumstances are exempt from a tendering process or procurement exercise.
b. Financial Regulations shall be reviewed regularly and at least annually for fitness of purpose.
c. A public contract regulated by the Public Contracts Regulations 2015 with an estimated value in excess of £25,000 but less than the relevant thresholds referred to in Standing Order 18(f) is subject to the “light touch” Regulations 109-114 of the Public Contracts Regulations 2015 which include a requirement on the Council to advertise the contract opportunity on the Contracts Finder website regardless of what other means it uses to advertise the opportunity unless it proposes to use an existing list of approved suppliers (framework agreement).
d. Subject to additional requirements in the Financial Regulations of the Council, the tender process for contracts for the supply of goods, materials, services or the execution of works shall include, as a minimum, the following steps:
i. a specification for the goods, materials, services or the execution of works shall be drawn up;
ii. an invitation to tender shall be drawn up to confirm (i) the Council’s specification (ii) the time, date and address for the submission of tenders (iii) the date of the Council’s written response to the tender and (iv) the prohibition on prospective contractors contacting Councillors or staff to encourage or support their tender outside the prescribed process;
iii. the invitation to tender shall be advertised in a local newspaper and in any other manner that is appropriate;
iv. tenders are to be submitted in writing in a sealed marked envelope addressed to the Proper Officer;
v. tenders shall be opened by the Proper Officer in the presence of at least one Councillor after the deadline for submission of tenders has passed;
vi. tenders are to be reported to and considered by the appropriate meeting of the Council or a committee or sub-committee with delegated responsibility.
e. Neither the Council, nor a committee or a sub-committee with delegated responsibility for considering tenders, is bound to accept the lowest value tender.
19. MATTERS AFFECTING COUNCIL EMPLOYEES
a If a meeting considers any matter personal to a Council employee, it shall not be considered until the Council has decided whether or not the press and public shall be excluded pursuant to Standing Order 1(c) above.
b In accordance with the Terms and Conditions of Employment the Parish Clerk/RFO shall notify the Chair regarding any absence from work occasioned by illness or emergency, and the Chair shall report such absence to the Council at its next meeting.
c The Chair or in his/her/their absence, the Vice-Chair shall regularly conduct a review of the Parish Clerk’s performance and/or appraisal and shall keep a confidential written record of it. The review and/or appraisal shall be reported back and shall be subject to approval by Resolution by the Council.
d Subject to the Council’s policy regarding the handling of grievance matters, the Parish Clerk shall contact the Chair, or in his/her/their absence the Vice-Chair in respect of an informal or formal grievance matter and this matter shall be reported back and progressed by Resolution of a Personnel Committee established specifically for the purpose of dealing with the grievance. Such Committee will consist of the Chair plus two Councillors, with a quorum of 2, none of whom shall be involved with the grievance.
e Subject to the Council’s policy regarding the handling of grievance and disciplinary matters, if an informal or formal grievance matter raised by the Parish Clerk relates to the Chair or Vice-Chair of the Council, this shall be communicated to another member of Council which shall be reported back and progressed by Resolution of the Personnel Committee so established.
f Any persons responsible for all or part of the management of Council employees shall keep confidential written records of all meetings relating to their performance, and capabilities, grievance and disciplinary matters.
g The Council shall keep all written records relating to employees secure. All paper records shall be secured in locked storage and electronic records shall be password protected.
h Records documenting reasons for an employee’s absence due to ill health or details of a medical condition shall be made available only to those persons with responsibility for the same.
i. Only persons with line management responsibilities shall have access to employee records referred to in Standing Orders 19(g) and (h) above if so justified.
j. Access and means of access by keys and/or computer passwords to records of employment referred to in Standing Orders 19(g) and (h) above shall only be held by the Parish Clerk and/or the Chair or Vice-Chair of the Council.
20. RESPONSIBILITIES TO PROVIDE INFORMATION – see also Standing Order 22
a In accordance with Freedom of Information legislation, the Council shall publish information in accordance with its publication scheme and respond to requests for information held by the Council.
b. The Council shall publish information in accordance with the requirements of the Smaller Authorities (Transparency Requirements) (England) Regulations 2015.
21. RESPONSIBILITIES UNDER DATA PROTECTION LEGISLATION – see also Standing Order 11
a The Council may appoint a Data Protection Officer.
b The Council shall have policies and procedures in place to respond to an individual exercising statutory rights concerning his/her/their personal data.
c The Council shall have a written policy in place for responding to and managing a personal data breach.
d The Council shall keep a record of all personal data breaches comprising the facts relating to the personal data breach, its effects and the remedial action taken.
e The Council shall ensure that information communicated in its privacy notice(s) is in an easily accessible and available form and kept up to date.
f The Council shall maintain a written record of its processing activities.
22. RELATIONS WITH THE PRESS/MEDIA
a Requests from the press or other media for an oral or written statement or comment from the Council, its Councillors or staff shall be handled in accordance with the Council’s policy in respect of dealing with the press and/or other media.
b In accordance with the Council’s policy in respect to dealing with the press and/or other media, Councillors shall not, in their official capacity, provide oral or written statements or written articles to the press or other media.
23. EXECUTION AND SEALING OF DEEDS – see also Standing Orders 15(b)(xii) and (xvii)
a A legal deed shall not be executed on behalf of the Council unless authorised by a Resolution.
b Subject to standing order 23(a), any two Councillors may sign, on behalf of the Council, any deed required by law and the Proper Officer shall witness their signatures.
24. COMMUNICATING WITH DISTRICT AND COUNTY COUNCILLORS
a An invitation to attend a meeting of the Council shall normally be sent, together with the agenda, to the ward Councillor(s) of the District and County Council representing the area of the Council.
b Such invitation may be rescinded by Resolution of the Council where it is deemed appropriate.
25. RESTRICTIONS ON COUNCILLOR ACTIVITIES
a Unless duly authorised by a Resolution, no individual Councillor shall in the name of, or on behalf of, the Council, a committee, or a sub-committee:
i. inspect any land and/or premises which the Council has a right or duty to inspect; or
ii. issue orders, instructions, or directions.
b Councillors shall not disclose information given in confidence or which they believe, or ought to be aware, is of a confidential nature.
c. A Councillor in breach of the provisions of Standing Order 26(c) above may be removed from a committee or a sub-committee by a Resolution of the Council.
d. The agenda, papers that support the agenda, and the minutes of a meeting shall not disclose or otherwise undermine confidential or sensitive information which for special reasons would not be in the public interest.
26. GENERAL POWER OF COMPETENCE
a Before exercising the General Power of Competence, a meeting of the full council shall have passed a Resolution to confirm it has satisfied the prescribed statutory criteria required to qualify as an eligible parish council.
b The Council’s period of eligibility begins on the date that the Resolution under Standing Order 27a above was made and expires on the day before the annual meeting of the Council that takes place in a year of ordinary elections.
c After the expiry of its preceding period of eligibility, the Council continues to be an eligible council solely for the purpose of completing any activity undertaken in the exercise of the General Power of Competence which was not completed before the expiry of the Council’s preceding period of eligibility referred to in Standing Order 26b above.
27. PLANNING MATTERS
a. The Parish Council is consulted by the planning authority on all planning applications within its parish boundaries, but it is not a statutory consultee. The Clerk is advised by the East Lindsey District Council (ELDC) of any new applications, and these will be included on the next Parish Council agenda for discussion provided the statutory timescales will not have elapsed. A formal record of these applications and the Council’s response will be noted in the Resolutions log of the Council, and all applications are available from ELDC online at http://publicaccess.e-lindsey.gov.uk/online-applications.
b. Where possible the Clerk will notify all Councillors by electronic mail of the Planning Applications as they are received. Councillors can then access the originating documents by means of a direct link to the ELDC website.
c. The Parish Council will discuss planning applications, in public, normally at the monthly Council meetings. Applications received for comment by the Parish Council will be included on the Monthly Meeting Agenda, which is placed on the Parish Noticeboard and displayed on the Parish Council website. All applications and originating documents are available from the ELDC website.
d. At the monthly Council meeting there is an opportunity in the ‘public participation’ session before the formal meeting starts for residents to make representation to the Parish Council concerning any application they are considering or wish to comment on. Those interested in the process may attend the meetings in person and make any observations or comments in the 15 minutes public participation session set aside for such items. Parishioners may also make representation directly to both ELDC, which is encouraged.
e. Such representation will be considered by Council members when the relative agenda item is later debated, prior to making a decision, as to whether they feel comments should be made to ELDC, who decide the applications. Where the Clerk is asked to respond on behalf of the Council and note any Resolution to object/support, or no Resolution decided, comments will normally be checked with the Chair or Vice Chair prior to submission, or the Chair of the meeting if neither the Chair or Vice Chair were present.
f. Owing to the timing of Parish Council meetings, some applications may require a response before the next meeting of the Parish Council. In this instance the Clerk is delegated to consider and determine the appropriate procedure to be followed:
A. In the case of an application which is routine, such as extensions/conservatories the Clerk has delegated authority to consider the application and will forward details to all Councillors electronically, asking them if they support or object to the proposal. The Clerk will then decide from these responses (and after consultation with 2 members of the Council if sufficient responses are not returned) the appropriate comment.
B. For more complex applications, the Clerk will forward details to all Councillors electronically, and in the event that there is not a consensus on the application, will also follow the procedure for arranging an Extraordinary Council Meeting, unless an extension of time to comment can be obtained from the Planning Officer:
i. The purpose of an Extraordinary meeting so called is to decide upon the North Somercotes Parish Council’s response to any planning applications received since the last Parish Council meeting which are considered potentially complex and whose deadlines fall outside the next prescribed Parish Council meeting.
ii. A quorum will be 3 members of the Parish Council.
iii. In the absence of the Chair of the Council, any other Parish Councillor may act as Chair for that Extraordinary meeting.
iv. Members of the Council will vote by a show of hands. The Chair of the meeting may give a casting vote whenever there is an equality of votes.
v. Where an Extraordinary meeting is called to consider a planning application outside of the normal meeting schedule, this will be advertised in the normal way.
vi. The District and County Councillors will be invited to attend such Extraordinary meetings and be empowered to speak in the public session as in the normal monthly council meetings.
vii. Villagers and those with an interest in the proposed development can attend the Extraordinary meeting just like the monthly parish meeting, but as with the monthly meetings the attendees cannot speak outside of the public participation session, unless invited to do so by the Chair.
g. Any member of the Council present at either the normal monthly council meeting or an Extraordinary meeting will be expected to declare an interest and leave the room both during the public session, where relevant, and during the meeting when the agenda item is discussed, if one of the following conditions applies:
i. The member has a pecuniary or other beneficial interest in the application other than one shared by the village as a whole.
ii. The member’s property abuts the land upon which the proposed development is to take place.
iii. The site of the proposed development is within 60 metres of the boundary of the member’s property.
h. Where appropriate, site visits should be made so that Councillors can make objective decisions based on the surroundings and relevant material planning matters, rather than subjective decisions arrived at from just looking at plans.
i. At the next routine Parish Council meeting, a report will be given of decisions made at the Extraordinary meeting and this will be minuted by the Clerk.
28 STANDING ORDERS GENERALLY
a All or part of a standing order, except one that incorporates mandatory statutory or legal requirements, may be suspended by Resolution in relation to the consideration of an item on the agenda for a meeting.
b A Motion to add to or vary or revoke one or more of the Council’s Standing Orders, except one that incorporates mandatory statutory or legal requirements, shall be proposed by a special Motion, the written notice by at least 3 Councillors to be given to the Proper Officer in accordance with Standing Order 9.
c The Proper Officer shall provide a copy of the Council’s Standing Orders to a Councillor as soon as possible upon his/her/their signing the Declaration of Acceptance of Office.
d The decision of the Chair of a meeting as to the application of Standing Orders at the meeting shall be final.