COXHOE PARISH COUNCIL

 

STANDING ORDERS

 

Meetings

 

1.   (a) Meetings of the Council shall be held in each year on such dates and times and at such place as the Council may direct.  These will normally be on the second Tuesday of each month and be held at Coxhoe Village Hall.

 

(b)   Smoking is not permitted at any meeting of the Council.

 

The Statutory Annual Meeting

 

2. (a) In an election year the Annual Parish Council Meeting shall be held on or within 14 days following the day on which the councillors elected take office; and

(b)   in a year which is not an election year the Annual Parish Council Meeting

shall be held on such day in May as the Council may direct.

 

3. In addition to the Statutory Annual Parish Council Meeting at least three other statutory meetings shall be held in each year on such dates and times and at such place as the Council may direct.

 

Notice of Meeting

 

4.  Notice of each monthly meeting will be made giving at least 3 clear days notice by the Clerk to each Councillor.  The agenda will include the time and place of business and reports of the Clerk and copies of relevant correspondence will be included with it.  The agenda and previous month’s minutes will be posted on the notice boards in each village

 

Chairman of the 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 function or duties on the proper officer of the Council in the following cases, he shall be the Clerk or nominated officer: -

To receive declarations of acceptance of office.

 

To receive and record notices disclosing interests at meetings.

 

To receive and retain plans and documents.

 

To sign notices or other documents on behalf of the Council.

 

To receive copies of bylaws made by another local authority.

 

To certify copies of bylaws made by the Council.

 

To issue the summons to attend meetings of the Council.

 

To keep proper records for all Council meetings.

 

In addition the Clerk will carry out the following functions on behalf of the Parish Council

 

To issue invoices and receive, receipt and bank payments received.

 

To let allotments and sign tenancy agreements and where relevant

authorise free or reduced first year rental on new tenancies where

allotment in need of considerable cultivation .

 

To issue cheques, duly signed by authorised signatories to creditors.

 

To deal with bank and financial statements.

 

To deal with financial returns for Audit each year.

 

Quorum of the Council

 

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

 

8. If a quorum is not present or if during a meeting the number of councillors                             present (not counting those debarred by reason of a declared interest) falls below the required quorum, the meeting shall be adjourned and any business not transacted shall be transacted at the next meeting or on such other day as the Chairman may fix.

 

9.  For a quorum relating to a committee or sub-committee, please refer to Standing

Order 36.

 

Voting

10.  Where voting on an issue is required, Members shall vote by show of hands or, if at least two Members so request, by signed ballot.

 

11.  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.

 

12.  (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.

 

Order of Business

 

13. 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 and sub-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;

 

and shall thereafter follow the order set out in the Standing Order 16.

 

14.       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.

 

15.                   In every year, not later than the meeting at which the estimates for next year

are settled, the Council shall review the pay and conditions of service of existing

employees.  Standing Order 27 must be read in conjunction with this requirement.

 

16.       After the first business has been completed, the order of business, unless

the Council decides otherwise on the ground of urgency or expediency in the light

of invited speakers, shall be as follows:-

 

a)      To accept any apologies for absence from the meeting.

 

b)      To open the meeting to the general public and accept any questions from them.

 

c)      To receive any declarations of interest from Members for any item included in the agenda.

 

d)      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.

 

e)     After consideration to approve the signature of the Minutes by the

person presiding and the Clerk as a correct record.  Each page of the minutes will be numbered consecutively and will be initialled by the person presiding.

 

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

 

g)      To dispose of business, if any, remaining from the last meeting and receive a progress report from the Clerk on any issues remaining

 

h)      To receive various reports from the Clerk previously circulated

 

i)        To receive all communications received by the Clerk since the last

meeting.

 

j)        To receive and consider reports and minutes of committees and partnership groups.

 

k)      To authorise the sealing of any documents.

 

l)        To consider updated financial information provided by the Clerk.

 

m)   To receive any requests for financial assistance from various bodies and organisations.

 

n)      If necessary, to authorise the signing of orders for payment.

 

Urgent Business

 

17. A motion to vary the order of business on the ground of urgency or expediency:

 

a)      May be proposed by the Chairman or by any Member and, if proposed by the

Chairman, may be put to the vote without being seconded, and

 

b)      Shall be put to the vote without discussion.

 

Resolutions

 

18.    Every resolution or recommendation shall be relevant to some subject over which

the Council has power or duties, which affects its area.

 

Questions

 

19.     No questions not connected with business under discussion shall be asked

except during the part of the meeting set aside for questions.

 

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

Rules of Debate

 

21.   No discussion of the Minutes shall take place except upon their accuracy.  Corrections to the Minutes shall be made by resolution and will be detailed in the Minutes of the current meeting.

a)  An amendment to any agreed resolution shall be either:-

 

i)          To leave out words.

 

ii)         To leave out words and insert others

 

      iii)        To insert or add words.

 

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

 

c)      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.

 

d)      A further amendment shall not be moved until the Council has disposed of every

amendment previously moved.

 

e)      The mover of a resolution or of an amendment shall have a right of reply.

 

f)        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.

 

g)       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 leave the meeting.

 

           vii.     That the resolution be referred to a committee.

 

         viii.     To exclude the public and press.

 

            ix.     To adjourn the meeting.

 

22. a)   The ruling of the Chairman on a point of order or on the admissibility of a

personal explanation shall not be discussed.

 

b)      Members shall address the Chairman. If two or more Members wish to speak,

the Chairman shall decide who to call upon first.

 

c)      Whenever the Chairman speaks during a debate all other Members shall be

silent.

Disorderly Conduct

 

23.  a) All Members must observe the Code of Conduct which was adopted by the Council in April 2002, 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 (England).

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.

Rescission of Previous Resolution

 

24. (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 2 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.

Voting On Appointments

 

25.  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

 

26. 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 has decided whether or not the press and public shall be excluded.  (See Standing Order No. 55.)

Resolutions on Expenditure

 

            27. Any resolution which, if carried, would, in the opinion of the Chairman, substantially

            increase the expenditure upon any service which is under the management of the

            Council, or reduce the revenue at the disposal of the Council, or which would involve

            capital expenditure, shall, when proposed and seconded, stand adjourned without

            discussion to the next ordinary meeting of the Council at which time full consideration

            may be made

Expenditure

 

28. Orders for the payment of money shall be authorised by resolution of the Council and signed by two Members from the four authorised signatories.

Sealing of Documents

 

29.  (a)  A document shall not be sealed on behalf of the Council unless its sealing

has been authorised by a resolution.

 

(b)    Any two Members of the Council named in a resolution moved under the

provisions of paragraph (a) of this Order may seal, on behalf of the Council, any document required by law to be issued under seal.

Committees and Sub Committees

 

30.   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 appoint persons other than Members of the Council to any Committee;

and

 

c)      May subject to the provisions of Standing Order 24 above at any time

dissolve or alter the membership of committee.

 

31.The Chairman and Vice-Chairman of the Parish Council, ex-officio, shall be voting members of every committee.

 

32. 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.

 

Special Meetings

 

                        33.  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 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.

Sub-Committees

 

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

 

35.     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.

 

 36.     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.

 

 37.    The Standing Orders on rules of debate and the Standing Order on interests

of Members in contracts and other matters shall apply to committee and sub-committee meetings.

Advisory Committees

 

38. (1) The Council may create advisory committees, whose name, and number of members and the bodies to be invited to nominate members shall be specified.

(2)    The Clerk shall inform the members of each advisory committee of the

terms of reference of the committee.

(3)    An advisory committee may make recommendations and give notice

thereof to the Council

(4)    An advisory committee may consist wholly of persons who are not

Members of the Council.

Voting in Committees

 

39.     Members of committees and sub-committees entitled to vote, shall vote by a

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

 

40.    Chairmen of committees and sub-committees shall in the case of an

equality of votes have a second or casting vote.

 

Presence of Non-Members of Committees at Committee Meetings

 

41.  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.

Accounts and Financial Statement

 

42.      1) 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.

2)      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 Clerk as the Responsible Financial Officer (RFO). Such payment shall be authorised on behalf of the Council by the Chairman or Vice-Chairman of the Council.

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

 

43.  The Responsible Financial Officer shall supply to each Member as soon as

practicable after 31 March in each year a statement of the receipts and payments of the Council for the completed financial year. A Financial Statement prepared on the appropriate accounting basis (receipts and payments, or income and expenditure) for a year to 31 March shall be presented to each Member before the end of the following month of May. The Statement of Accounts of the Council (which is subject to external audit) shall be presented to Council for formal approval before the end of the following month of September.

Estimates / Precepts

 

44.  The council shall approve written estimates for the coming financial year at its meeting before the end of the month of December.

Interests

 

45. If a Member has a personal interest, as defined by the Code of Conduct adopted by the Council in April 2002, then he shall declare such interest as soon as it becomes apparent, disclosing the existence and nature of that interest as required.

 

46.  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.

 

47. The Clerk may be required to compile and hold a register of Member’s

interests in accordance with agreement reached with the Monitoring

Officer of the Responsible Authority and/or as required by statute.

 

48.  If a candidate for any appointment under the Council is to his knowledge

related to any Member of or the holder of any office under the Council, he and the

person to whom he is related shall disclose the relationship in writing to the Clerk.

A candidate who fails so to do shall be disqualified for such appointment, and, if

appointed, may be dismissed without notice.  The Clerk shall report to the Council

any such disclosure.  Where a relationship to a Member is disclosed, Standing

Orders 45 and 46 shall apply as appropriate.

 

49. The Clerk shall make known the purpose of Standing Order 48 to every

candidate.

Canvassing of and Recommendations By Members

 

50.  (1) 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.

  (2) 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.

 

51. Standing Order Nos. 48 & 50 shall apply to tenders as if the person making the

tender were a candidate for an appointment.

Inspection of Documents

 

52.  A Member may for the purpose of his 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.

 

53.  All minutes kept by the Council and by any committee shall be open for the

inspection of any Member of the Council.