Parish Council Standing Orders

Local Government

Local MP (Bosworth constituency) :

David Tredinnick (Cons)
Constituency H.Q.
The Lawns,
Hinckley
Tel: 01455 635741

County Councillor :

Cllr. Ivan Ould,
35, Main Street,
Orton-on-the-Hill,
Atherstone,
Warks.
CV9 3NN
Tel. and Fax : 01827 881087 

Local Hinckley & Bosworth Borough Councillor :

Reg Ward  (also the Chairman of Stoke Golding Parish Council)
Mill House,
Higham Lane,
Stoke Golding
Tel: 01455 212369

Stoke Golding Parish Council

Standing Orders

Adopted by the Parish Council on 19^th June 1986 

(Amended March 2010 - to be ratified at the Annual Meeting of the Parish Council in April)

PREFACE

Some of the Standing Orders are compulsory as they are laid down in Acts of Parliament. These are printed in bold type. These Standing Orders cannot be altered. Those not in bold type, have been adopted to guide councillors’ conduct and procedures and can be reviewed every three years. These Standing Orders have been amended in March 2010.

STANDING ORDERS

1.      Standing Orders to be Given to Members

A copy of these Standing Orders shall be given to each member by the Clerk upon delivery to him/her of the member’s declaration of acceptance of office and written undertaking to observe the Code of Conduct adopted by the Council.

2.         Meetings

Meetings of the Council shall be held at the Village Hall at Seven pm unless the Council decides otherwise at a previous meeting

3.         The Statutory First Meeting of the Parish Council in the Year

The Statutory First meeting:

(a)   In an election year shall be held on the Wednesday next following the fourth day after the ordinary day of elections to the Council and

(b)  In a year which is not an election year shall be held on first Wednesday in May.

4.         Other Statutory Meetings

The three other statutory meetings shall normally be held on the first Wednesday in the months of August, November and January.

5.         Additional Meetings and Annual General Meeting

Other additional meetings may be held on the first Wednesday in the months of June, September, October, January, February, March, April.  An open Annual General Meeting will be held on the third Wednesday in April.

6.   Chairman of the Meeting (Chairman is a legal term encompassing both genders)

The person presiding at a meeting may exercise all the powers and duties of the Chairman in relation to the conduct of the meeting.

7.   Proper Officer

Where a statute, regulation or order confers function or duties on the proper officer of the Council in the following cases, he/she shall be the clerk or nominated officer:

a) To receive declarations of acceptance of office.

b) To receive and record notices disclosing interests at meetings.

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 bylaws made by another local authority.

f) To certify copies of bylaws made by the Council.

g) To sign and issue the summons to attend meetings of the Council.

 h) To keep proper records for all Council meetings.

8.   Quorum of the Council

Three members or one-third of the total membership, whichever is the greater, shall constitute a quorum at meetings of the Council.

       a) If a quorum is not present or if during a meeting the number of appointed 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.

b) For a quorum relating to a committee or sub-committee, please refer to Standing Order 40.

9.   Voting

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

10.    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.

(1) Subject to (2) and (3) below the Chairman may give an original vote on any matter put to the vote, and in any case of an equality of votes may give a casting vote whether or not he gave an original vote.

 (2) If the person presiding at the annual meeting would have ceased to be a member of the council but for the statutory provisions which preserve the membership of the Chairman and Vice-Chairman until the end of their term of office he may not give an original vote in an election for Chairman.

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

11. Order of Business

At each Annual Parish Council Meeting the first business shall be:

a) To elect a Chairman of the Council

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

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

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

e) To elect a Vice-Chairman of the Council.

f) To appoint representatives to outside bodies.

g) To appoint committees.

h) To consider the payment of any subscriptions falling to be paid annually.

i) To inspect any deeds and trust investments in the custody of the Council as required

j) Any other business specified in the summons

 12.     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.

13.    In every year, the Council shall review the pay and conditions of service of existing employees.

14.     Unless the Council otherwise decides on the ground of urgency, the order of business shall be as follows:

a) To read and consider the Minutes, a copy having been circulated to each member, the Minutes may be taken as read.

b)  After consideration to approve the Minutes by the signature of the person presiding as a correct record.

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

d) To receive such communications that the presiding Chairman may wish to present to the Council.      

e) To dispose of business, if any, remaining from the last meeting.

f) To receive and consider reports and minutes from committees and advisory committees

g) To receive and consider reports from officers of the Council

h) To authorise the signing of payments

i) To consider motions or recommendations in the order in which they have been notified

j) Any other business specified in the summons

15.  Public Notice

 Any public notice required by the Parish Council must be given by posting the notice in some conspicuous place (i.e. the official notice board) and in such other manner as appears to the Parish Council to be desirable for giving publicity to the notice, for example: newsletters, village magazine.

16. Public Notice of Parish Meeting

A public notice of a parish meeting must be given as above and must specify the time, the place of the meeting and the business to be transacted at the meeting and it must be posted up five clear days before the meeting

17.       Formation of Agendas

The Council Agenda will normally be formulated by the Clerk in conjunction with the Chairman.  Councillors can request in writing, giving seven days notice, that any item be placed on the agenda.

18.       Urgent Business

A motion to vary the order of business on the ground 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.

19.     Resolutions Moved On Notice

Except as provided by these Standing Orders, no resolution may be moved unless the business to which it relates has been put on the Agenda by the Clerk.

20.       The Clerk will date every notice of motion or recommendation when received, number each notice in the order in which it is received and record it so that it is open to inspection by every member of the Council, if required.

21.       The Clerk will insert in the summons to every meeting all notices of motion or recommendation properly given.

22.       If a resolution or recommendation specified in the summons is not carried it shall, unless postponed by the Council, be treated as withdrawn and shall not be moved without a fresh notice.

23.      If the subject matter of a resolution comes within the province of a committee of the Council, it shall, upon being moved and seconded, stand referred without discussion to such committee or to such other committee as the Council may determine for report; provided that the Chairman, if he considers it to be a matter of urgency, may allow it to be dealt with at the meeting at which it was moved.

24.       Every resolution or recommendation shall be relevant to some question over which the Council has power or which affects its area.

25. Resolutions Moved Without Notice

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 close or adjourn the debate.

g) To refer a matter to a committee.

h) To appoint a committee or any members thereof.

i) To adopt a report.

j) To authorise the sealing of documents.

k) To amend a motion.

l)  To give leave to withdraw a resolution or amendment.

m) To exclude the press and public.

n) To silence or eject from the meeting a member named for misconduct

o) To give the consent of the Council where such consent is required by these Standing Orders

p) To suspend any Standing Order

q) To adjourn the meeting.

26.       Rules of Debate

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.

27. a) A resolution or amendment shall not be discussed unless it has been proposed and seconded, and,   unless proper notice has already been given, it shall, if required by the Chairman, be reduced to writing and handed to him before it is further discussed or put to the meeting.

b) A member when seconding a resolution or amendment may, if he then declares his intention to do so, reserve his speech until a later period of the debate.

c)    No speech by a mover of a resolution shall exceed 3 minutes and no other speech shall exceed 3 minutes except by consent of the Chairman.

       d)   An amendment shall be either:

            i)    To leave out words.

      ii)   To leave out words and insert others

            iii) To insert or add words.

      e)     An amendment shall not have the effect of negating the resolution before the Council.

f)      If an amendment be carried, the resolution, as amended, shall take the place of the original resolution and shall become the resolution upon which any further amendment may be moved.

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

h)    The mover of a resolution or of an amendment shall have a right of reply, not exceeding 3 minutes.

i)    A member, other than the mover of a resolution, shall not, without leave of the Chairman, speak more than once on any resolution except to move an amendment or further amendment, or on an amendment, or on a point of order, or in personal explanation, or to move a closure.

j)   A member may speak on a point of order or a personal explanation. A member speaking for    these purposes shall be heard forthwith. A personal explanation shall be confined to some material part of a former speech by him, which may have been misunderstood.

k)  A motion or amendment may be withdrawn by the proposer with the consent of the Council, which shall be signified without discussion, and no member may speak upon it after permission has been asked for its withdrawal unless such permission has been refused.

      l)   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 the question be now put.

            v.     That a member named be not further heard.

            vi.     That a member named may leave the meeting.

            vii.     That the resolution be referred to a committee.

            viii.     To exclude the public and press.

             ix.     To adjourn the meeting.

28 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. If two or more members wish to speak, the Chairman shall decide who to call upon.

29.        Disorderly Conduct

a)     All members must observe the Code of Conduct, which was adopted by the council on May 2007, a copy of which is annexed to these Standing Orders.

 b)     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.

c)     If, in the opinion of the Chairman, a member has broken the provisions of paragraph (b) of this Order, the Chairman shall express that opinion to the Council and thereafter any member may move that the member named be no longer heard or that the member named do leave the meeting, and the motion, if seconded, shall be put forthwith and without discussion. If a member reasonably believes another member is in breach of the code of conduct, that member is under a duty to report the breach to the Standards Board.

 d)     If either of the motions mentioned in paragraph (c) is disobeyed, the Chairman may adjourn the meeting or take such further steps as may reasonably be necessary to enforce them.

30.        Right of Reply

The mover of a resolution shall have a right to reply immediately before the resolution is put to the vote. If an amendment is proposed the mover of the amendment shall be entitled to reply immediately before the amendment is put to the vote. A member exercising a right of reply shall not introduce a new matter. After the right of reply has been exercised or waived, a vote shall be taken without further discussion.

31.       Alteration of Resolution

 A member may, with the consent of his seconder, move amendments to his own resolution.

32.       Rescission of Previous Resolution

 a)     A decision (whether affirmative or negative) of the Council shall not be reversed within six months except either by a special resolution, the written notice whereof bears the names of at least 3 members of the Council, or by a resolution moved in pursuance of the report or recommendation of a committee.

 b)     When a special resolution or any other resolution moved under the provisions of paragraph (a) of this Order has been disposed of, no similar resolution may be moved within a further six months.

c)   This Order will not apply to rescinding resolutions moved following a report or recommendation of a committee

33.      Voting On Appointments

 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.

34.       Length of Meetings

 All Council meetings should be timed and end on time, usually by 9.30pm.

35. Discussions and resolutions affecting employees of the Council

If at a meeting there arises any question relating to the appointment, conduct, promotion, dismissal, salary or condition of service, of any person employed by the Council, it shall not be considered until the Council or committee has decided whether or not the public should be excluded.

36. Resolutions of Expenditure

Any motion which, if carried, would, in the opinion of the Chairman, substantially increase the expenditure upon any service which is under the management of or reduce at the disposal of any committee, or which would involve capital expenditure, shall, when proposed and seconded, stand adjourned to the next ordinary meeting of the Council, and any committee affected by it shall consider whether it desires to report on it.

37.       Expenditure

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

38.       Sealing of Documents

A document shall not be signed on behalf of the Council unless its signing has been authorised by a resolution.

39.       Committees and Sub Committees

 The Council may at its Annual Meeting appoint standing committees and may at any other time appoint such other committees as are necessary, but subject to any statutory provision in that behalf:

a)     Shall not appoint any member of a committee so as to hold office later than the next Annual Meeting.

b)     may subject to the provisions of Order 2 above , at any time dissolve or alter the membership of committee.

40.       The Chairman and Vice-Chairman, ex-officio, shall be voting members of every committee.

41.       Every committee shall at its first meeting before proceeding to any other business, elect a Chairman and may elect a Vice-Chairman who shall hold office until the next Annual Meeting of the council.

42.     The Chairman of a committee or the Chairman of the Council may summon a meeting of that    committee at any time. A meeting shall also be summoned on the requisition in writing of not less than a quarter of the members of the committee. The summons shall set out the business to be considered at the special meeting and no other business shall be transacted at that meeting.

43.      Every committee may appoint sub-committees and advisory committees for purposes to be specified by the committee. 

44.       The Chairman and Vice-Chairman of the committee shall be members of every sub-committee and advisory committee appointed by it unless they signify that they do not wish to serve.

45.       Except where ordered by the Council in the case of a committee, or by the Council or by the appropriate committee in the case of a sub-committee, the quorum of a committee or sub-committee shall be one-third of its members or three, whichever is greater.

46.      The Standing Orders on rules of debate and interests of members in contracts and other matters shall apply to committee and sub-committee meetings but not to advisory committees. 

47.       Committee agendas will normally be formulated by the Clerk in conjunction with the Chairman of the Committee

48.       Advisory Committees

a)     The Council may create advisory committees, whose name, and number of members shall be decided as necessary.

b)     The Clerk shall inform the members of each advisory committee of the terms of reference of that committee

c)      An advisory committee may make recommendations and give notice thereof to the Council or to a committee

d)     An advisory committee may include persons who are not members of the Council

49.       Voting in Committees

          Appointed council members of committees and sub-committees are entitled to vote.  Voting shall be by show of hands, or, if at least two members so request, by signed ballot.

50.       Chairmen of committees and sub-committees shall in the case of an equality of votes have a second or casting vote.

51.       Presence of Non-Members of Committees at Committee Meetings

 A member who has proposed a resolution, which has been referred to any committee of which he is not a member, may explain his resolution to the committee but shall not vote.

52.       Accounts and Financial Statement 

a)     Except as provided in paragraph (2) 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 committee, if any, having charge of the business to which it relates, or by the proper officer for payment with the approval of the Chairman or Vice-Chairman of the Council.

c)      All payments ratified under sub-paragraph (2) of this Standing Order shall be separately included in the next schedule of payments before the Council.

53.       The Clerk will supply to each member at the ordinary meeting next after the end of the Financial Year a statement of income and expenditure.

54.       Estimates / Precepts 

a)     The council shall approve written estimates for the coming financial year at its meeting before the end of the month of January.

b)     Any committee desiring to incur expenditure shall give the Clerk a written estimate of the expenditure recommended for the coming year no later than the date in October or November set by him/her.

55.      Interests  

If a member has a personal interest as defined by the Code of Conduct adopted by the Council in May 2007, then he shall declare such interest as soon as it becomes apparent, disclosing the existence and nature of that interest as required.

56.       If a member who has declared a personal interest then considers the interest to be prejudicial, he must withdraw from the room or chamber during consideration of the item to which the interest relates.

57.       The Clerk may be required to compile and hold a register of members’ interests in accordance with agreement reached with the Monitoring Officer of the Responsible Authority and/or as required by statute.

58.       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 or to the appropriate committee any such disclosure. Where a relationship to a member is disclosed, the Standing Orders on interests of members in contracts and other matters shall apply as appropriate.

The Clerk shall make known the purpose of this Standing Order to every candidate.

59.      Canvassing of and Recommendations by Members 

a)     Canvassing of members of the Council or of any committee, directly or indirectly, for any appointment under the Council shall disqualify the candidate for such appointment. The Clerk shall make known the purport of this sub-paragraph of this Standing Order to every candidate.

b)    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.

60.      Standing Orders 55 and 56 shall apply to tenders as if the person making the tender were a candidate for an appointment.

61.       Inspection of Documents 

A member may for the purpose of his duty (but not otherwise), inspect any document in possession of the Council or a committee, and if copies are available shall, on request, be supplied for the like purpose with a copy.

62.       All minutes kept by the Council and by any committee shall be open for the inspection of any member of the Council.

63.       Unauthorised Activities

Unless authorised to do so by the council or the relevant committee or sub-committee, no member of the Council or of any committee or sub-committee shall in the name of or on behalf of the Council:

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

b)     Issue orders, instructions or directions.

64.       Admission of The Public and Press to Meetings 

a) The public and press shall be admitted to all meetings of the Council and its committees and sub-committees, which may, however, temporarily exclude the public by means of the following 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”

 .           b) The Council shall state the special reason for exclusion.

 c) 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.

65.       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.

66.       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.

67.       Confidential Business 

a)     No member of the Council or of any committee or sub-committee shall disclose to any person not a member of the Council any business declared to be confidential by the Council, the committee or the sub-committee as the case may be. 

b)     Any member in breach of the provisions of paragraph (1) of this Standing Order shall be removed from any committee or sub-committee of the Council by the Council.

68.       Liaison with County and Borough Councillors

 A notice of meeting and agenda shall be sent, to the County and Borough Councillors for the ward.

69.       Unless the Council decides, a copy of each letter ordered to be sent to the county or District Council shall be transmitted to the County or District Councillor for the division or to the District Councillor as the case may require. 

70.      Planning Applications

 a)     The Clerk shall, as soon as it is received, record the following particulars of every planning application notified to the Council:

i) the date on which it was received

ii) the name of the applicant

iii) the place to which it relates

iv)a summary of the nature of the application

b)     The Clerk shall refer every planning application received to the Councillor designated for this duty or in the Councillor’s absence to the Chairman or Vice-Chairman as soon as is practical following its receipt. 

71.       Standing Orders on Contracts 

  a) Where it is intended to enter into a contract exceeding £500 but not exceeding £5,000 in value for the supply of goods or materials or for the execution of works, the Clerk will give at least three weeks notice of such intention in the same manner as public notice of meetings of the Council is given.

b) Notice of a contract exceeding £5,000 shall state the general nature of the intended contract and state the name and address of the person to whom tenders are to be addressed and the last date by which those tenders should reach that person.

c) 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 work as it thinks fit.

d) A notice issued under this standing order should contain a statement of the effect of Standing Orders Nos. 58, 59 & 60. 

{Council is reminded that the European Union Public Sector Procurement Rules are likely to apply to contracts with a value in excess of £140,000 and advice should be sought at this level} 

72.       Complaints Procedure                                           

The Council shall deal with complaints of maladministration allegedly committed by the Council or by any officer or member in such manner as agreed by the Council except for those complaints which should be properly directed to the Standards Board for consideration.       

73.       Suspension of Standing Orders                  

Any or every part of the Standing Orders except those printed in bold type may be suspended by resolution in relation to any specific item of business.

74.       A motion to vary or revoke a Standing Order shall when proposed and seconded, stand adjourned to the next meeting of the Council.