Standing Orders

MEETINGS

 

The word ‘council’ includes any committee of the Council and ‘chairman’ includes the chair of a committee of the Council or the person actually presiding at a meeting of the Council.

 

1          (a)        Meetings of the Council shall be held at the Greenfield Centre not

                        before 6.30pm unless publicised otherwise.

 

(b)        Meetings of the Council and Committees shall not normally last more than two hours.

 

(c)        Smoking is not permitted at any meeting of the Council or within the Council premises.

 

  • The Statutory Annual Meeting (a) in an election year shall be held on the Monday 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 Monday in May.

 

  • The three other statutory meetings shall be held on the first Monday in the months of July, November and February.

 

4          Up to 8 additional meetings shall be held on the first Monday in the remaining months of the year unless publicised otherwise.

 

CHAIRMAN OF MEETING

 

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

 

PROPER OFFICER

 

6          Where a statute, regulation or order confers functions or duties on the proper officer of the Council in the following cases, they shall be the Clerk:-

 

  • To receive declarations of acceptance of office.
  • To receive and record notices disclosing pecuniary interests.
  • To receive and retain plans and documents.
  • To sign notices or other documents on behalf of the Council.
  • To receive copies of byelaws made by the Unitary Authority.
  • To certify copies of byelaws made by the Council.
  • To sign summonses to attend meetings of the Council.

 

In any other case the proper officer shall be the person nominated by the Council and, in default of nomination, the Clerk.

 

QUORUM

 

7          Six members shall constitute a quorum.

 

8          If a quorum is not present when the Council meets or if during a meeting the number of councillors present and not debarred by reason of a declared pecuniary interest falls below the quorum, the business not transacted at that meeting shall be transacted at the next meeting or on such other day as the Chairman may fix.

 

VOTING

 

9          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 names of the members who voted on any question so as to show whether they voted for or against it.

 

11        (1)        Subject to (2) and (3) below the Chairman may give an original

vote on any matter put to the vote, and in the case of an equality of votes may give a casting vote even though he gave no 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 they 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

 

ORDER OF BUSINESS

 

12        At each Annual Meeting the first business shall be:

 

  • To elect a Chairman.
  • To receive the Chairman’s declaration of acceptance of office or, if not then received, to decide when it shall be received.
  • In the ordinary year of election of the Council to fill any vacancies left unfilled at the election by reason of insufficient nominations.
  • To decide when any declarations of acceptance of office which have not been received as provided by law shall be received.
  • To elect a Vice-Chairman.
  • To appoint committees.

 

  • At every meeting other than the Annual 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) as are required by law to be made, or if not then received to decide when they shall be received.

 

  • The Council shall review the pay and conditions of service of existing employees (See Standing Order 32 below) in accordance with public sector agreements.

 

  • After the first business has been completed, the order of business, unless the Council otherwise decides on the ground of urgency, shall be as follows:-

 

  • To read and consider the Minutes: provided that if a copy has been circulated to each member not later than the day of issue of the summons to attend the meeting, the Minutes may be taken as read.

 

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

 

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

 

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

 

  • To receive such communications as the person presiding may wish to lay before the Council.

 

  • To answer questions from Councillors.

 

  • To receive and consider reports and minutes of committees.

 

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

 

  • Public participation.

 

  • To consider resolutions or recommendations in the order in which they have been notified.

 

  • Any other business specified in the summons.

 

  • A motion to vary the order of business on the ground of urgency may be proposed by the Chairman or by any Member and, if proposed by the Chairman, may be put to the vote without being seconded, and shall be put to the vote without discussion.

 

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 or the mover has been given notice in writing of its terms and has delivered the notice to the Clerk at least 7 clear days before the next meeting of the Council.

 

RESOLUTIONS MOVED WITHOUT NOTICE

 

  • Resolutions dealing with the following matters may be moved without notice:-

 

  • To appoint a Chairman of the meeting.
  • To correct the Minutes.
  • To approve the Minutes.
  • To alter the order of business.
  • To proceed to the next business.
  • To close or adjourn the debate.
  • To refer a matter to a committee.
  • To appoint a committee or any members thereof.
  • To adopt a report.
  • To amend a motion.
  • To give leave to withdraw a resolution or an amendment.
  • To extend the time limit for speeches.
  • To exclude the public (see Order 56 below).
  • To silence or eject from the meeting a member named for misconduct (see Order 27 below).
  • To invite a member having an interest in the subject matter under debate to remain (see Order 47 below).
  • To give the consent of the Council where such consent is required by these Standing Orders.
  • To suspend any Standing Orders (see Order 64 below).
  • To adjourn the meeting.

 

QUESTIONS

 

  • A Member may ask the Chairman or the Clerk any question concerning the business of the Council, provided notice of the question has been given to the person to whom it is addressed before the meeting begins.

 

  • No questions not connected with business under discussion shall be asked except during the part of the meeting set aside for questions.

 

  • Every question shall be put and answered without discussion.

 

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

 

RULES OF DEBATE

 

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

 

24        (a)        A resolution or amendment shall not be discussed unless it has been

proposed, 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.

 

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

 

  • An amendment shall be either:-

 

  • (i) To leave out words.
  • To leave out words and insert or add others.
  • To insert or add words.

 

  • An amendment shall not have the effect of negativing the resolution before the Council.

 

  • 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.

 

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

 

  • A Member may rise to make a point of order or a personal explanation. A Member rising for these purposes shall be heard forthwith.  A personal explanation shall be confined to some material part of a former speech by him that may have been misunderstood.

 

  • 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.

 

  • When a resolution is under debate no other resolution shall be moved except the following:-

 

(i)         To amend the resolution.

  • To proceed to the next business.
  • To adjourn the debate.
  • That the question be now put.
  • That a Member named be not further heard.
  • That a Member named does leave the meeting.
  • That the resolution be referred to a committee.
  • To exclude the public and press.
  • To adjourn the meeting.

 

25          (a)       The ruling of the Chairman on a point of order or on the admissibility

                          of a personal explanation shall not be discussed.

 

  • Members shall address the Chairman.

 

  • If two or more Members rise, the Chairman shall call upon one of them to speak and the others shall resume their seats.

 

  • Whenever the Chairman rises during a debate all other Members shall be seated and silent.

 

CLOSURE

 

 26         At the end of any speech a Member may, without comment, move “that the question be now put”, “that the debate be now adjourned” or “that the Council do now adjourn”.  If such motion is seconded the Chairman shall put the motion but, in the case of a motion “to put the question”, only if he is of the opinion that the question before the Council has been sufficiently debated.  If the motion “that the question be now put” is carried, he shall call upon the mover to exercise or waive his right of reply and shall put the question immediately after that right has been exercised or waived.  The adjournment of a debate or of the Council shall not prejudice the mover’s right of reply at the resumption.

 

(Note:  Where a meeting is adjourned the subsequent proceedings are part of the original meeting and no new notices or agendas need to be issued except a notification to members not present of the date of the continuation of the meeting).

 

DISORDERLY CONDUCT

 

27        (a)        No Member shall at a meeting persistently disregard the ruling

of the Chairman, wilfully obstruct business, or behave irregularly, offensively, improperly or in such a manner as to scandalise the Council or bring it into contempt or ridicule.

 

  • If, in the opinion of the Chairman, a Member has broken the provisions of paragraph (a) of this Order, the Chairman shall express that opinion to the Council and thereafter any Member may move that the Member named 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 either of the motions mentioned in paragraph (b) is disobeyed, the Chairman may suspend the meeting or take such further steps as may reasonably be necessary to enforce them.

 

RIGHT TO REPLY

 

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

 

ALTERATION OF RESOLUTION

 

29        A Member may move amendments to his own resolution.

 

RESCISSION OF PREVIOUS RESOLUTION

 

30        (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 six Members of the Council, or by a resolution moved in pursuance of the report or recommendation of a committee.

 

  • 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.

 

VOTING ON APPOINTMENTS

 

31        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.

 

DISCUSSIONS AND RESOLUTIONS AFFECTING

EMPLOYEES OF THE COUNCIL

 

32        If at a meeting there arises any question relating to the appointment, conduct,

promotion, dismissal, salary or conditions of service, of any person employed

by the Council, it shall not be considered until the Council or committee (as

the case may be) has decided whether or not the public shall be excluded

(see Standing Order No. 56).

 

EXPENDITURE

 

33        Orders for the payment of money shall be authorised by either two Members of the F&GP committee or the Clerk and one F&GP Member.

 

COMMITTEES AND SUB-COMMITTEES

 

34        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:-

 

  • shall not appoint any member of a committee so as to hold office later than the next Annual Meeting,

 

  • may appoint persons other than Members of the Council to any Committee; and

 

  • may subject to the provisions of Order 30 above at any time dissolve or alter the membership of a committee.

 

35        The Chairman and Vice-Chairman ex officio shall be Members of every

Committee.

 

36        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, and shall settle its

programme of meetings for the year.

 

37        The Chairman of a committee or the Chairman of the Council may summon an additional meeting of that committee at any time.  An additional meeting shall also be summoned on the requisition in writing of not less that 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.

 

38        Every committee may appoint sub-committees for purposes to be specified by the committee.

 

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

 

40        Except where ordered by the Council in the case of a committee, or by the Council or by the appropriate committee in the case of a sub-committee, the quorum of a committee or sub-committee shall be one-half of its members, except for additional Planning meetings when a quorum will be the Chairman and 2 other members of the committee.

 

 

41        The Standing Orders on rules of debate (except those parts relating to standing and to speaking more than once) and the Standing Order on interest of Members in contracts and other matters shall apply to committee and sub-committee meetings.

 

VOTING IN COMMITTEES

 

42        Members of committees and sub-committees entitled to vote shall vote by show of hands, or, if at least two members so request, by signed ballot.

 

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

 

PRESENCE OF NON-MEMBER OF COMMITTEES AT

COMMITTEE MEETINGS

 

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

 

FINANCE

 

45        Financial regulations shall be made under the Accounts and Audit Regulations 2015 and shall apply to the Council’s internal financial arrangements.

 

ESTIMATES

 

46        The Council shall approve written estimates for the coming financial year no later than its meeting in the month of February.

 

INTERESTS

 

47        If any Members has any pecuniary interest, direct or indirect, within the meaning of sections 94-95 of the Local Government Act, 1972, in any contract, proposed contract or other matter, they shall, while it is under consideration by the Council, withdraw from the meeting unless the interest is trivial in the manner described in section 97(5) or:-

 

  • The disability imposed upon him by those sections has been removed by the District Council; or

 

  • The Council invite them to remain; or

 

  • The contract, proposed contract or other matter is under consideration as part of the report of a committee and is not itself the subject of debate.

 

48        The Clerk shall record in the minutes particulars of any notice given by any Member or any officer of the Council of a pecuniary interest in a contract.

 

49        If any Member has a non-pecuniary interest within the ambit of the National Code of Local Government Conduct they shall declare it and thereupon be invited to withdraw from the meeting.

 

50        If a candidate for any appointment under the Council is to their knowledge related to any Member of or the holder of any office under the Council, they and the person to whom they are 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 relationship to a Member is disclosed Standing Order 49 shall apply.

 

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

 

CANVASSING OF AND RECOMMENDATIONS BY MEMBERS

 

51        (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.

 

52        Standing Orders Nos. 50 and 51 shall apply to tenders as if the person making the tender were a candidate for an appointment.

 

INSPECTION OF DOCUMENTS

 

53        A Member may for the purpose of their duty as such (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.

 

54        All Minutes kept by the Council and by any committee shall be open for the inspection of any Member of the Council.

 

UNAUTHORISED ACTIVITIES

 

55        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 unless authorised to do so by the Council or the relevant committee or sub-committee.

 

 

 

 

 

ADMISSION OF THE PUBLIC AND PRESS TO MEETINGS

 

56        The public shall be admitted to all meetings of the Council and its committees and sub-committees, which may, however, temporarily exclude the public by means of the following resolution:

 

“That in view of the [special] [confidential] nature of the business about to be transacted, it is advisable in the public interest that the public be temporarily excluded and they are instructed to withdraw”.

 

(Notes:  The special reasons should be stated.  If a person’s advice or assistance is needed they may be invited (by name) to remain after the exclusion resolution is passed).

 

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

 

58        If a Member of the public interrupts the proceedings at any meeting, the Chairman may, after warning, order that the person be removed from the Council Chamber.

 

CONFIDENTIAL BUSINESS

 

59        (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 (a) of this Standing Order shall be removed from any committee or sub-committee of the Council by the Council.

 

LIAISON WITH UNITARY AUTHORITY COUNCILLORS

 

60        A notice of meeting shall be sent together with an invitation to attend to the Unitary Authority Councillors for the Council’s area.

 

PLANNING APPLICATIONS

 

61        The Clerk shall, keep a record of the appropriate details of each planning

application referred to the Council by the Local Planning Authority.

 

STANDING ORDER ON CONTRACTS

 

62        Procedures as to contracts are as follows:

 

(a)        Every contract shall comply with these standing orders, and no

exception from any of the following provisions of these standing orders shall be made other than by the direction of the Council, or in an emergency by a committee provided that these standing orders shall be made otherwise than by direction of the Council or in an emergency by such a committee as aforesaid, provided that these standing orders shall not apply to contracts which relate to items (i) to (v) below:

 

(i)         for the supply of gas, electricity, water, sewerage and telephone services

 

(ii)        for specialist services, like solicitors, accountants, surveyors and planning consultants

 

(iii)       for work which constitutes repairs not exceeding £1000

 

(iv)       for work which constitutes an extension of an existing contract

 

(v)        goods proposed to be purchased which are either proprietary articles and/or which are only sold at fixed price.

 

  • Where it is intended to enter into a contract exceeding £5,000 in value for the supply of goods or services or the execution of works other than those excepted in paragraph (a) above the Clerk shall invite tenders from three firms, contractors will be advised of the Council’s conditions of tender.

 

(vii)      for expenditures of £5,000 or less the Clerk in consultation with the chairman or vice-chairman of the appropriate committee shall be authorised to dispense with the requirement in (vi)  above.

 

(c)        When applications are made to waive standing orders relating to contracts to enable a tender to be negotiated without competition the reason shall be embodied in a recommendation to the Council.

 

(d)        Every exception made by a committee to which the power of making contracts has been delegated shall be reported to the Council and the report shall specify the emergency by which the exception was justified

 

(e)        Invitations to tender shall state the general nature of the intended contract and the Clerk shall obtain the necessary technical assistance to prepare a specification where appropriate.  The invitation shall state that tenders be addressed to the Clerk and the last date by which tenders should arrive in the ordinary course of post.  Each tendering firm shall be supplied with a specially marked envelope in which the tender is to be sealed until the prescribed date for opening tenders for that contract.  Each contractor will be advised that a payment will be subject to a 10% retention of any interim claim reducing to 5% retention for a period of 12 months from the date of agreed satisfactory completion of the contract.

 

(f)         The Clerk or authorised deputy in the presence of at least two members of Council shall open all sealed tenders at the same time on the prescribed date.

 

(g)        If less than three tenders are received for contracts valued above £5,000 or if all the tenders are identical, Council may make such arrangements as it sees fit for procuring the goods or executing the works.

 

(h)        The Council shall not be obliged to accept the lowest or any tender but reasons for not accepting the lowest tender shall be recorded.

 

(i)         Invitations to tender shall refer to these Standing Orders.

 

CODE OF CONDUCT ON COMPLAINTS

 

63        The Council shall deal with complaints of maladministration allegedly committed by the Council or by any officer or member in the manner recommended in Circular 2/86 issued by the National Association of Local Councils.

 

VARIATION, REVOCATION AND SUSPENSION OF

STANDING ORDERS

 

64        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.

 

65        A resolution permanently to add, vary, or revoke a Standing Order shall when proposed and seconded, stand adjourned without discussion to the next ordinary meeting of the Council.

 

STANDING ORDERS TO BE GIVEN TO MEMBERS

 

66        A copy of these Standing Orders shall be given to each Member by the Clerk upon delivery to them of the Member’s declaration of acceptance of office.

 

 

                        RISK ASSESSMENT/RISK MANAGEMENT PROGRAMME

 

67        An annual review of the following Parish Council assets is to take place:

 

            Winterbourne – Recreation Field to include sports and tennis pavilions,                

recreational area, and sports equipment, nature reserves, community woodland, allotments, duck pond, bus shelters, seats, trees, hedges, paths.

 

Winterbourne Down and Hambrook – The Dingle, Hambrook Common, Small Common and wood, bus shelters, seats, trees, hedges, paths.

 

Frenchay – Commons, Tuckett Field, Tuckett Pond, trees, grass, kerbs, seats, bus shelters.

 

The Greenfield Centre.

 

Risk Assessments to be carried out by either two Parish Councillors or a Parish Councillor and the Clerk.

 

All reports to be returned to the Parish Clerk to collate and appoint contractors when necessary.