Standing Orders

SITLINGTON PARISH COUNCIL

STANDING ORDERS AS APPROVED AT PARISH COUNCIL MEETING 10th JUNE 2008 MEETINGS

  1. Meetings of the Council shall be held whenever possible at Middlestown and Netherton Primary Schools alternatively at 7.15 in the evening unless the Council otherwise decides at a previous meeting.
  2. The Statutory Annual Meeting
    1. In an election year The Annual Parish Council Meeting shall be held on a Tuesday on or within 14 days following the day on which the Councillors elected take office (four days after the election date) and
    2. In a year which is not an election year The Annual Parish Council Meeting shall be held in May, normally on the first Tuesday.
       
  3. In addition to the Statutory Annual Parish Council Meeting the three statutory meetings shall be held in September, December and March, normally on the first Tuesday in the month.
  4. Additional meetings shall be held, normally on the first Tuesday of the month, in all other months except August. Occasionally a meeting date may be changed or cancelled to allow for the Clerk to take annual leave.

CHAIRMAN OF MEETING

  1. 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

  1. Where a statute, regulation or order confers functions or duties on the proper officer of the Council in the following cases he/she shall be the Clerk:-
    (a)        To receive declarations of acceptance of office. 
    (b)        To receive and record notices disclosing pecuniary interests.
    (c)        To receive and retain plans and documents.
    (d)        To sign notices and other documents on behalf of the Council.
    (e)        To receive copies of byelaws made by a District Council.
    (f)         To certify copies of byelaws made by the Council.
    (g)        To sign summonses to attend the meetings of the Council.
                 In any other case the proper officer shall be the person nominated by the Council and, in default of a nomination, 
                 the Clerk.

QUORUM 

  1. Four members shall constitute a quorum.
  2. If a quorum is not present when the Council meets or if during a meeting the number of members 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

  1. Members shall vote by show of hands, or, if at least two members so request, by a signed ballot.
  2. 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.
     
  3.  (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/she gave no 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/she may not give an original vote in the 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

 

  1. 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 and written undertakings to observe the code 
                        of conduct adopted by the Council which have not been received as provided by law, shall be received.
            (e)        To elect a Vice-Chairman.
            (f)         To appoint school governors.
            (g)        To appoint Committees.
            (h)        To consider the payment of any subscriptions falling to be paid annually.
            (i)         To inspect any deeds or trust instruments in the custody of the Council; and shall thereafter follow the 
                           order set out in Standing Order 1

  1. 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 declaration 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.
     
  2. In every year not later than the meeting at which the estimates for the next year are settled the Council shall review the pay and conditions of service of existing employees. (See Standing Order 37 below).
     
  3. After the first business has been completed, the order of business, unless the Council otherwise decides on the grounds of urgency, shall be as follows:-
    (a)        To read and consider the Minutes: provided that if a copy has been circulated to each member not later than the 
                day of the issue of the summons to attend the meeting, the Minutes may be taken as read.
    (b)        After consideration, to approve the signature of the Minutes by the person presiding, as a correct record.
    (c)        To deal with business expressly required by statute to be done.
    (d)        To dispose of business, if any, remaining from the last meeting.
    (e)        To receive such communications as the person presiding may wish to lay before the Council.
    (f)         To answer questions.
    (g)        To receive and consider reports and minutes of Committees.
    (h)        To receive and consider reports from officers of the Council.
    (i)         To authorise the sealing of documents.
    (j)         To authorise the signing of orders for payment.
    (k)        To consider resolutions or recommendations in the order in which they have been notified.
    (1)        Any other business specified in the summons.
     
  4. A motion to vary the order of business on the grounds 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. 

RESOLUTIONS MOVED ON NOTICE 

  1. 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 given notice in writing of its terms and has delivered the notice to the Clerk at less ten clear days before the next meeting of the council.
     
  2. The Clerk shall date every notice of resolution or recommendation when received by him/her, shall number each notice in the order in which it was received and shall enter it in a book which shall be open for inspection to every member of the Council.
     
  3. The Clerk shall insert in the summons for every meeting all the notices of motion or recommendation properly given in the order in which they have been received unless the member giving a notice of motion has stated in writing that he/she intends to move at some later meeting or that he/she withdraws it.
     
  4. If a resolution or recommendation specified in the summons is not moved either by the member who gave notice of it or by any other member, it shall, unless postponed by the Council, be treated as withdrawn and shall not be moved without fresh notice.
     
  5. 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 shall determine for report; provided that the Chairman, if he/she considers it to be a matter of urgency, may allow it to be dealt with at the meeting at which it was moved.
     
  6. Every resolution or recommendation shall be relevant to some question over which the Council has some power or which affects its area. 

RESOLUTIONS MOVED WITHOUT NOTICE 

  1. Resolutions on 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 resolution.
    (1)        To give leave to withdraw a resolution or an amendment.
    (m)       To extend the time limit for speeches.
    (n)        To exclude the public. (See Order 64 below).
    (o)        To silence or eject from the meeting a member named for misconduct (See Order 32 below).
    (p)        To invite a member having an interest in the subject matter to remain. (See Order 55 below).
    (q)        To give the consent of the Council where such consent is required by these Standing Orders.
    (r)         To suspend any Standing Order. (See Order 70 below). 

QUESTIONS 

  1. 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 at least one day before the meeting.
  2. No question not connected with the business under discussion shall be asked except during the part of the meeting set aside for questions.
  3. Every question shall be put and answered without discussion.
  4. The person to whom a question has been put may decline to answer.  

RULES OF DEBATE

  1. 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.
  2.  
    (a)        A resolution or an 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 
                tohim/her before it is further discussed or put to the meeting.
    (b)        A member when seconding a resolution or amendment may, if he/she then declare his/her intention to do so, 
                reserve his/her speech until a later period of the debate.
    (c)        A member shall direct his/her speech to the question under discussion or to a personal explanation or to a 
                question of order.
    (d)        No speech by the mover of a resolution shall exceed ten minutes, and no other speech shall exceed five minutes 
                 except by consent of the Council.
    (e)        An amendment shall be either:-
                            (i) To leave out words.
                            (ii) To leave out words and insert or add others.
                            (iii) To insert or add words.
    (f)         An amendment shall not have the effect of negativing the motion before the Council.
    (g)        If an amendment be carried, the resolution, as amended, shall take the place of the original resolution and shall 
                 become the resolution on which any further amendment may be moved.
    (h)        A further amendment shall not be moved until the Council has disposed of every amendment previously moved.
    (i)         The mover of a resolution or of an amendment shall have a right of reply not exceeding five minutes.
    (j)         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/her 
                which may have been misunderstood.
    (k)        A motion or an amendment may be withdrawn by a 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.
    (1)        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 do leave the meeting.
                   (vii) That the resolution be referred to a Committee.
                   (viii) To exclude the public and press.
                   (ix) To adjourn the meeting.
  3.  
    (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.
    (c)        If two or more members attempt to speak at the same time, the Chairman shall call upon one of them to speak 
                and the others shall resume their seats.~
    (d)        Whenever the Chairman rises during a debate all other members shall be seated and silent. 

CLOSURE 

  1. 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 a motion is seconded the Chairman shall put the motion but, in the case of a motion "to put the question", only if he/she 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/she shall call upon the mover to exercise or waive his/her 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. 

DISORDERLY CONDUCT


  1. (a)        All members must observe the Code of Conduct that was adopted by the Council on the 5th June 2007 
                (Min. 65).
    (b)        No member at a meeting shall 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 acted in a manner contrary to that required, 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 that breach to the Standards Board of 
                Wakefield Metropolitan District Council
    (d)        If either of the motions mentioned in paragraph (c) is disobeyed, the Chairman may adjourn the meeting or take 
                such further steps which may be reasonably necessary to enforce them. 

RIGHT OF REPLY 

  1. 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 a 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 

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

RESCISSION OF PREVIOUS RESOLUTION 

  1. 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 four members of the Council, or by a resolution moved in pursuance of the report or recommendation of a Committee. 

VOTING ON APPOINTMENTS 

  1. 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 

  1. 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 should be excluded. (See Standing Order No. 64). 

RESOLUTIONS ON EXPENDITURE 

  1. 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 or reduce the revenue at the disposal of any committee, or which would involve capital expenditure, shall, when proposed and seconded, stand adjourned without discussion to the next ordinary meeting of the Council, and any committee affected by it shall consider whether it desires to report thereon. 

EXPENDITURE 

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

SEALING OF DOCUMENTS 


  1.  (a)       A document shall not be sealed on behalf of the Council unless its sealing has been authorised by 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 

  1. The Council may at the Annual Meeting appoint standing committees and may at any other time appoint any 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, and
    (b)        may, subject to the provisions of Order No. 35 above, at any time dissolve or alter the membership of a committee.
     
  2. The Chairman and Vice-Chairman shall be members of every committee.
  3. 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.
  4. The Chairman of a Committee or the Chairman of the Council may summons an additional meeting of that committee at any time. Any 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.
  5. Every committee may appoint sub-committees for purposes to be specified by the committee.
  6. The Chairman and Vice-Chairman of the committee shall be a member of every sub-committee appointed by it unless they signify that they do not wish to serve.
  7. Except where ordered by the Council in the case of a committee, or by the Council or 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.
  8. The Standing Orders or rules of debate (except those parts relating to speaking more than once) and the Standing Order on interests of members in contracts and other matters shall apply to committee and sub-committee meetings.

VOTING IN COMMITTEES 

  1. Members of committees and sub-committees shall vote by show of hands, or, if at least two members so request, by signed ballot.
  2. 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

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

ACCOUNTS AND FINANCIAL STATEMENTS 

  1.  
    (a)        Except as provided in paragraph (b) 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 is 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 Chairman or Vice Chairman of the Council.
    (c)        All payments ratified under sub-paragraph (b) of this Standing Order shall be separately included in the next 
                schedule of payments laid before the Council.
     
  2. The Clerk shall supply to each member at the ordinary meeting next after the end of the Financial Year a statement of receipts and payments. 

ESTIMATES 

  1.  
    (a)        The Council shall approve written estimates for the coming financial year at  its meeting in the month of January.
    (b)        Any committee desiring to incur expenditure shall, not later than the 1st December give notice to the Clerk a 
                 written estimate of the expenditure recommended for the coming year. 

INTERESTS 

  1. If any member has a personal interest as defined in the Code of Conduct adopted by the Council on 5thh June 2007 then he/she shall declare such interest as soon as becomes apparent, disclosing the existence and nature of the interest as required.
  2. If a member who has declared a personal interest then considers the interest to be prejudicial, he/she must withdraw from the room or chamber during consideration of the item to which the interest relates.
     
  3. The Clerk may be required to compile and hold a Register of Members Interests, or a copy thereof, in accordance with agreement reached with the Monitoring Officer of the Responsible Authority and/or as required by statute.
  4. If any member has a non-pecuniary interest within the ambit of the National Code of Local Government Conduct he/she, shall having declared it, be invited to withdraw from the meeting.
     
  5. If a candidate for any appointment under the Council is to his/her knowledge related to any member of or the holder of any office under the Council, he/she and the person to whom he/she 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 or to the appropriate committee any such disclosure. Where relationship to a member is disclosed Standing Order 57 shall apply.
    The Clerk shall make known the purport of this Standing Order to every candidate.

CANVASSING OF AND RECOMMENDATIONS BY MEMBERS 

  1.  
    (a)        Canvassing of members 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 f this 
                Standing Order to every candidate.
    (b)        A member of the Council shall not solicit for any person any appointment under the Council or recommend any 
                person for such appointment or for promotion; but, nevertheless, a member may give a written testimonial of 
                a candidate's ability, experience or character for submission to the Council with an application for appointment.
  2. Standing Orders Nos. 58 and 59 shall apply to tenders as if the person making the tender were a candidate for appointment. 

INSPECTION OF DOCUMENTS

  1. 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.
  2. All Minutes kept by the Council and by any committee shall be open for inspection of any member of the CouncilUNAUTHORISED ACTIVITIES
  3. 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, unless authorised to do so by the Council or the relevant committee or sub-committee.

ADMISSION OF THE PUBLIC AND PRESS TO MEETINGS 

  1. The public and press shall be admitted to all meetings of the Council and its committees and subcommittees, which may, however temporarily exclude the public and press by means of the following resolution, viz:

            "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."

            (Notes; The special reasons should be stated. Circular 1/86 issued by the National Association deals with the situations 
            where it is likely to be 
            desirable to exclude the public. If a person's advice or assistance is needed they may be invited (by name) to remain 
            after the exclusion resolution is passed). 

  1. The Clerk shall afford to the press reasonable facilities for taking their report of any proceedings at which they are entitled to be present.
  2. If a member of the public interrupts the proceedings at any meeting, the chairman may, after warning, order that he/she be removed from the Council Chamber.

LIAISON WITH DISTRICT COUNCILLORS 

  1. A notice of each meeting shall be sent together with an invitation to attend, to the District Councillors for Wakefield Rural division. 

CONFIDENTIAL BUSINESS 

  1.  
    (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 provision of paragraph (a) of this Standing Order shall be removed from any 
                  committee or sub-committee of the Council by the Council.

STANDING ORDERS ON CONTRACTS

  1. These are covered by Financial Regulations (Item 11). 

CODE OF CONDUCT AND COMPLAINTS 

  1. 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 

  1. Any or all of the Standing Orders (except those required by law) may be suspended by resolution on the majority vote of the members present in relation to any specific item of business.
  2. 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 

  1. 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.