Standing Orders
STANDING ORDERS FOR HOUGHAM PARISH COUNCIL – Adopted on……29.11.18……Reviewed, amended and resolved to adopt 5.8.20, 27.7.22
1. RULES OF DEBATE AT MEETINGS
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.
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 person(s) disregard 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 under standing order 2(b) is ignored, the Chair of the meeting may take further reasonable steps to restore order or to progress the meeting. This may include temporarily suspending or closing the meeting.
3. MEETINGS GENERALLY
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 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.
d Members of the public may make representations, answer questions and give evidence at a meeting which they are entitled to attend in respect of the business on the agenda.
e The period of time designated for public participation at a meeting shall not exceed 15 minutes unless directed by the Chair of the meeting.
f A member of the public shall not speak for more than 3 minutes.
g A question put forward in public participation time shall not require a response at the meeting nor start a debate on the question. The Chair of the meeting may direct that a written or oral response be given.
h 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. The making of a report must not interfere with the conduct of the business of the meeting.
i A person present at a meeting may not provide an oral report or oral commentary about a meeting as it takes place without permission.
j 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.
k 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 their absence be done by, to or before the Vice-Chair of the Council (if there is one).
l 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 there is one) 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.
m 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.
n 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 their casting vote whether or not they gave an original vote.
o Unless standing orders provide otherwise, voting on a question shall 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 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.
p 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 and the names of councillors who are absent;
iii. interests that have been declared by councillors and non-councillors with voting rights;
iv. the grant of dispensations (if any) to councillors and non-councillors with voting rights;
v. whether a councillor or non-councillor with voting rights left the meeting when matters that they held interests in were being considered;
vi. if there was a public participation session; and
vii. the resolutions made.
q 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 their right to participate and vote on that matter.
r No business may be transacted at a meeting unless at least one-third of the whole number of members of the Council are present and in no case shall the quorum of a meeting be less than three. s 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.
4. 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 councillors elected take office.
b In a year which is not an election year, the annual meeting of the 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 (if there is one) of the Council.
f The Chair of the Council, unless they have resigned or become disqualified, shall continue in office and preside at the annual meeting until their successor is elected at the next annual meeting of the Council.
g The Vice-Chair of the Council, if there is one, unless they resign or become 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, they shall preside at the annual meeting until a successor Chair of the Council has been elected. The current Chair of the Council shall 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, they shall preside at the annual meeting until a new Chair of the Council has been elected. 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 there is one) of the Council at the annual meeting, the business shall include:
i. In an election year, delivery by the Chair of the Council and councillors of their acceptance of office forms unless 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 their acceptance of office 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;
iii. Review and adoption of appropriate standing orders and financial regulations;
iv. Review of arrangements (including legal agreements) with other local authorities, not-for-profit bodies and businesses.
v. Review of inventory of land and other assets including buildings and office equipment;
vi. Review of the Council’s and/or staff subscriptions to other bodies;
vii. Review of the Council’s complaints procedure;
viii. Review of the Council’s policies, procedures and practices in respect of its obligations under freedom of information, data protection legislation and the GDPR..
5. EXTRAORDINARY MEETINGS OF THE COUNCIL
a The Chair of the Council may convene an extraordinary meeting of the Council at any time. The public notice giving the time, place and agenda for such meeting shall be signed by the Chair.
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.
6. PREVIOUS RESOLUTIONS
a A resolution shall not be reversed within six months except either by a special motion, which requires written notice by at least 3 councillors to be given to the Proper Officer.
b When a motion moved pursuant to standing order 6(a) has been disposed of, no similar motion may be moved for a further six months.
7. VOTING ON APPOINTMENTS
Where more than two 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 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.
8. MANAGEMENT OF INFORMATION
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 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.
9. DRAFT MINUTES
a Draft minutes of each meeting should be circulated electronically to councillors within one month of the date of that meeting.
b 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.
c 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 at the next available meeting.
d 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.
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.
10. CODE OF CONDUCT AND DISPENSATIONS
a All councillors and non-councillors with voting rights shall observe the Code of Conduct adopted by the Council.
b Unless they have 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 they have a disclosable pecuniary interest. They may return to the meeting after it has considered the matter in which they had the interest.
c Unless they have 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 they have another interest if so required by the Council’s Code of Conduct. They may return to the meeting after it has considered the matter in which 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 a meeting of the Council, 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 A dispensation request shall be considered at the beginning of the meeting of the Council for which the dispensation is required.
h A dispensation may be granted 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.
11. 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 report this to the Council.
b Where the notification relates to a complaint made by the Proper Officer, the Proper Officer shall notify the Chair of Council of this 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.
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 them. Such action excludes disqualification or suspension from office.
12. PROPER OFFICER
a The Proper Officer shall be the clerk.
b The Proper Officer shall:
i. at least three clear days before a meeting of the council,
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
ii. convene a meeting of the Council for the election of a new Chair of the Council, occasioned by a casual vacancy in his office;
iii. facilitate inspection of the minute book by local government electors;
iv. receive and retain copies of byelaws made by other local authorities;
v. hold acceptance of office forms from councillors;
vi. hold a copy of every councillor’s register of interests;
vii. 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;
viii. liaise, as appropriate, with the Council’s Data Protection Officer (if there is one);
ix. receive and send general correspondence and notices on behalf of the Council except where there is a resolution to the contrary;
x. 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 or General Data Protection Regulations);
xi. arrange for legal deeds to be executed;
xii. arrange or manage the prompt authorisation, approval, and instruction
regarding any payments to be made by the Council in accordance with its financial regulations;
xiii. [a] record every planning application notified to the Council and the Council’s response to the local planning authority;
[b] refer a planning application received by the Council to Councillors within two working days of receipt to facilitate an extraordinary meeting if the nature of a planning application requires consideration before the next ordinary meeting of the Council
xiv. manage access to information about the Council via the publication scheme
13. RESPONSIBLE FINANCIAL OFFICER
The Clerk will be the Responsible Financial Officer
14. 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 at each meeting:
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;
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 before 30 June.
15. FINANCIAL CONTROLS AND PROCUREMENT
See Financial Regulations
16. HANDLING STAFF MATTERS
a A matter personal to a member of staff that is being considered by a meeting of Council shall be held in closed session (i.e. without public present).
b The Chair or in their absence, the vice-Chair shall upon a resolution conduct a review of the performance and annual appraisal of the work of the Clerk/Proper Officer.
c Subject to the Council’s policy regarding the handling of grievance matters, the Council’s most senior member of staff (or other members of staff) shall contact the Chair or in 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 the Council.
d Subject to the Council’s policy regarding the handling of grievance matters, if an informal or formal grievance matter raised by a member of staff relates to the Chair or vice-Chair, this shall be communicated to another member Council which shall be reported back and progressed by resolution of full Council.
e Any persons responsible for all or part of the management of staff shall treat as confidential the written records of all meetings relating to their performance, capabilities, grievance or disciplinary matters.
17. RESPONSIBILITIES TO PROVIDE INFORMATION
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. If gross annual income or expenditure (whichever is higher) does not exceed £25,000 The Council shall publish information in accordance with the requirements of the Smaller Authorities (Transparency Requirements) (England) Regulations 2015.
18. RESPONSIBILITIES UNDER DATA PROTECTION LEGISLATION
(Below is not an exclusive list).
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 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.
19. RELATIONS WITH THE PRESS/MEDIA
Requests from the press or other media for an oral or written comment or statement 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.
20. EXECUTION AND SEALING OF LEGAL DEEDS
A legal deed shall not be executed on behalf of the Council unless authorised by a resolution.
Any two councillors may sign, on behalf of the Council, any deed required by law and the Proper Officer shall witness their signatures.
21. 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 by written notice to the Proper Officer.
c The Proper Officer shall provide a copy of the Council’s standing orders to a councillor as soon as possible.
d The decision of the Chair of a meeting as to the application of standing orders at the meeting shall be final.