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MARESFIELD PARISH COUNCIL

STANDING ORDERS

ADOPTED BY COUNCIL ON 20 MAY 2008

Amendment adopted by Council on 17th March 2009

(new sections on convening of meetings, agendas for Council meetings and agendas for Committee and Sub-Committee meetings)

Some of the Standing Orders are compulsory as they are laid down in Acts of Parliament. These are printed in bold type. These Standing Orders cannot be altered.

In these Standing Orders, references to a male person shall extend to all persons, and references to a single person to more than one person, save in each case where inconsistent with the context.

The document entitled “REMITS of standing Committees and Sub-committees, the Chairman of Council and Chairmen of Committees and of the Clerk” shall form part of these Standing Orders.

MEETINGS

Generally

1.1 The Meetings of the Council shall be held at 7.30pm on the third Tuesday of each month successively at the Village Halls at Maresfield and Fairwarp and at Nutley War Memorial Hall.

1.2 The Meetings of the Committees and Sub-committees shall be held in the meeting room adjacent the Parish Office at 7.30pm or at such other place or time and on such dates as the Council may direct or, in default of direction, as the Committee or Sub-committee shall decide.

2 If a hall is not available or it becomes likely in the opinion of the chairman of Council or of any Committee or Sub-committee or of the Clerk that more members of the public are likely to attend a meeting than can reasonably be accommodated at the venue set for the meeting, the Clerk may move the meeting to another suitable venue.

3.1.1 All meetings of the Council, its Committees and Sub-committees shall be open to the public and press unless it is considered that they must be temporarily excluded by a resolution as under:

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

* (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).

3.1.2 The Council, Committee or Sub-committee as the case may be shall state the special reason for exclusion.

3.2.1 A public session is held at the start of all Council, Committee and Sub-Committee meetings to enable members of the public to make representations; the length of such representations is at the discretion of the Chairman of the meeting concerned.

3.2.2 Subject to O.4.2 below, at the end of public questions, members of the public may remain but cannot speak or otherwise engage in the meeting.

3.3 If a member of the public interrupts the proceedings at any meeting, the chairman may, after warning, order that he be removed from the meeting room.

4.1 The County Councillor representing the division of which the Parish forms part and the District Councillors for wards within the Parish may speak on any matter to the extent permitted by the chairman.

4.2 At all meetings of the Council, committees and Sub-committees, the chairman may at his discretion and at a convenient time adjourn the meeting so as to allow any member of the public to address the meeting in relation to the then current business.

5 Subject to any contract of employment, any question that arises at a meeting relating to the appointment, conduct, promotion, dismissal, salary or conditions of service of any person employed by the Council, shall be considered in private.

6 The Clerk shall afford to the press reasonable facilities for the taking of their report of any proceedings at which they are entitled to be present. There shall be no audio or video recording or photographs of the meeting without the express approval of the Council.

Convening of Meetings

7.1 At least five clear days before a meeting of Council, or as soon as the meeting is called, whichever is the later, the Proper Officer shall sign a summons to be left at, or sent to the usual residence of every voting Member, and to every other person entitled to receive the papers of the Council, a copy of the agenda for the meeting.

7.2 At least five clear days before a meeting of a Committee or Sub-Committee, or as soon as the meeting is called, whichever is the later, the Proper Officer shall send to every voting Member, and to every other person entitled to receive the papers of the Committee or Sub-Committee, a copy of the agenda for the meeting. Sending of agendas for a meeting of a Committee or Sub-Committee can be by electronic means but any voting Member, and any other person entitled to receive the papers may opt for a paper copy of the agenda to be left at, or sent to their usual residence

Council Meeting Agendas

8.1 The agenda for Council meetings shall include:-

· All items of business which have been, or are deemed to have been, referred to Council by a Committee or Sub-Committee;

· All reports submitted to the Council by the Clerk and Assistant Clerk;

· Any item of business directed to be included by the person appointed to preside at the meetings of Council;

· Any other item of business of which the requisite notice has been given to the Clerk or Assistant Clerk by a Member of the Council (whether voting or not) , provided that no Member (other than the person appointed to preside at the meetings of Council) may give notice of one item of business for any one meeting. [The requisite notice is five clear days notice in writing before the date fixed for the meeting of Council].

8.2 Subject to any direction given by the person appointed to preside at the meetings of Council, the items of business shall be arranged in such order as the Clerk or Assistant Clerk thinks will best ensure the effective despatch of business.

Committee or Sub-Committee Meeting Agendas

9.1 The agenda for Committee or Sub-Committee meetings shall include:-

· All items of business which have been, or are deemed to have been, referred to the Committee or Sub-Committee by Council;

· All reports submitted to the Committee or Sub-Committee by the Clerk and Assistant Clerk;

· Any item of business directed to be included by the person appointed to preside at the meetings of the Committee or Sub-Committee;

· Any other item of business of which the requisite notice has been given to the Clerk or Assistant Clerk by a Member of the Committee or Sub-Committee (whether voting or not), provided that no Member (other than the person appointed to preside at the meetings of the Committee or Sub-Committee) may give notice of one item of business for any one meeting. [The requisite notice is five clear days notice in writing before the date fixed for the meeting of the Committee or Sub-Committee].

9.2 Subject to any direction given by the person appointed to preside at the meetings of the Committee or Sub-Committee, the items of business shall be arranged in such order as the Clerk or Assistant Clerk thinks will best ensure the effective despatch of business.

The Statutory Annual Meeting

10.1 In an election year, the Annual Meeting shall be held on or within 14 days following the day on which the councillors elected take office, and in a year which is not an election year, the Annual Meeting shall be held on such day in May as the Council may direct.

10.2 In addition to the Annual 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.

Chairman of meeting

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

Quorum for Council and Committees and Sub-committees

12.1 For the Council: One-third (rounded up) of the total membership shall constitute a quorum at meetings of the Council, but a motion to suspend standing orders shall not be moved without written notice signed by twice as many members as constitute the quorum.

12.2 For Committees and Sub-committees: Except where ordered by the Council, the quorum of its Committees shall be as follows:-

Environment Committee 3 members
Finance & Administration Committee 3 members
Planning Committee 4 members
Strategy Committee 4 members

In determining whether a quorum is present, all members present (that is including ex-officio members) shall be counted. Council or Committees shall determine the quorum of any sub-committee at its formation.

13 If a quorum is not present when the Council, Committee or Sub-committee meets, the meeting shall stand adjourned to such day as the Chairman may fix. If during a meeting the number of Councillors or members present falls below the quorum, the Council, committee or Sub-committee shall proceed to other business for which a quorum is present, and 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

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

14.2 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.

14.3 Subject to O14.4 and O14.5, 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.

14.4 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.

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

15 Where more than two persons have been nominated for any position to be filled by the Council and there is not an absolute majority of the votes cast 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.

Order of business

(In an election year, Councillors should execute Declarations of Acceptance of Office in each other’s presence or in the presence of a proper officer previously authorised by the Council to take such declaration, before the ANNUAL MEETING commences.)

16.1 At each ANNUAL MEETING the business shall be and shall be taken in the following order:

· To elect a Chairman of the Council

· 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 school governors

· To appoint statutory or standing Committees

· To elect liaison and Emergency liaison officers and representatives on other associations etc.

· To inspect any deeds and trust instruments in the custody of the Council.

Thereafter the business shall follow the order set out in O.16.2.

16.2 At every meeting other than the ANNUAL MEETING, the business shall be and shall be taken in the following order:

· 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.

· To take questions from the public who are present.

· The Clerk shall record apologies for absence and the attendance record shall be signed.

· 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 chairman 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 any reports which the County councillor for the division and District councillors for wards within the parish may wish to make; and to put questions to such councillors.

· To receive and consider reports and minutes of Committees.

· To receive and consider reports from the Council’s representatives on other bodies.

· To receive any report which the Chairman may wish to make; and to put questions to him.

· To receive any report which the Clerk may wish to make; and to put questions to him.

· To authorise the sealing of documents.

· To authorise the signing of cheques and any other commitments of the Council.

· To consider motions or recommendations in the order in which they have been notified.

· Any other business specified in the summons.

17 A motion to vary the order of business on the grounds 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 if put to the vote shall be put to the vote without discussion.

Resolutions moved on or without notice

18.1 The Clerk shall insert in the summons for every meeting all notices of motion or recommendation properly given in the order in which they have been received unless the member giving the notice of motion has stated in writing that he intends to move at some later meeting or that he withdraws it.

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

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

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

20 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 authorise the sealing of documents.

· To amend a motion.

· To give leave to withdraw a motion or an amendment.

· To extend the time limit for speeches.

· To consider otherwise than in Committee a question affecting an employee of the Council.

· To suspend any Standing Order

· To give the consent of the Council where such consent is required by these Standing Orders.

· To adjourn the meeting

(The following resolutions are governed by the Standing Orders on the admission of the public to meetings.)

· To exclude the press.

· To exclude the public.

(The next resolution is governed by the Standing Order on disorderly conduct.)

· To silence or eject from the meeting a member named for misconduct.

Questions

21.1 A member may ask the chairman or the Clerk any question concerning the business of the Council

21.2 A member may ask the chairman of the Committee any question upon the proceedings of the Committee then before the Council if the question is put before the Council’s consideration of those proceedings is finished.

21.3 Every question shall be put and answered without discussion.

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

Rules of debate

22 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.

23 A resolution or amendment shall not be discussed unless it has been proposed and seconded. Unless notice of the resolution was given in the summons of the meeting, 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.

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

24.2 No speech shall exceed five minutes, except by consent of the Council.

25.1 An amendment shall be either:

· to leave out words.

· to leave out words and insert or add others.

· to insert or add words.

25.2 An amendment shall not have the effect of negating the motion before the Council.

25.3 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.

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

26.1 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 reply immediately before the amendment is put to the vote. A member exercising a right of reply shall not introduce new matter.

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

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

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

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

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

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

· To amend the resolution.

· To proceed to the next business.

· To adjourn the debate.

· That the next question be now put.

· That a member named be not further heard.

· That a member named do leave the meeting.

· That the resolution be referred to a Committee.

· To exclude the public or the press or both.

· To adjourn the meeting.

32 The ruling of the chairman on a point of order or on the admissibility of a personal explanation shall not be discussed.

33 Members shall address the chairman.

34.1 If two or more members rise, the chairman shall call upon one of them to speak and the others shall resume their seats.

34.2 Whenever the chairman rises during a debate all the other members shall be seated and silent.

35.1 A decision (whether affirmative or negative) of the Council shall not be reversed within six months except either by a special resolution, that is one of which the written notice shall have been signed by at least nine members of the Council, or by a resolution moved in pursuance of the report or recommendation of a committee.

35.2 If a special resolution to reverse a decision of the Council shall have been put to the vote and not carried, no other special resolution to the same effect may be moved within six months of the decision concerned.

36.1 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 motion is seconded and if the Chairman is of the opinion that the question before the Council has been sufficiently debated (but not otherwise), he shall forthwith put the motion.

36.2 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.

36.3 The adjournment of a debate or of the Council shall not prejudice the mover’s right of reply at the resumption.

Disorderly conduct

37.1 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.

37.2 If, in the opinion of the Chairman, a member has broken O37.1, the Chairman may 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.

37.3 If either of the motions mentioned in O.37.2 is disobeyed, the Chairman may adjourn the meeting or take such further steps as may reasonably be necessary to enforce them.

Committees and Sub-committees

38.1 The Council may at the Annual Meeting constitute or disband standing Committees and Sub-committees and may at any other time constitute such other Committees and Sub-committees as it considers desirable and disband any Committees or Sub-committees.

38.2 The Council shall, whenever it shall appoint a Committee or Sub-committee, prescribe the matters to be considered within the remit of such Committee or Sub-committee and the levels of authority which are to be delegated to it and may from time to time alter such remits and levels of authority.

38.3 A Committee may from time to time constitute or disband a Sub-committee on the basis that such Sub-committee shall have delegated to it such part of the duties of the Committee as the Committee may decide, and the Committee shall at that time prescribe the levels of authority of the Sub-committee (not being any greater than those of the Committee).

39.1 The Council may from time to time appoint and remove the members of Committees and Sub-committees and such members may include persons who are not Councillors.

39.2 A Committee may from time to time co-opt a person to be a member of it and appoint and remove the members of its Sub-committees and such members may in each case include persons who are not Councillors.

39.3 The Chairman and Vice‑Chairman shall be members of every Committee. The Chairman and Vice-Chairman (if any) of the Committee which appoints any Sub-committee shall be members of it.

39.4 Subject to any statutory provision in that behalf, neither the Council nor any Committee shall appoint any member of a Committee or Sub-committee so as to hold office later than the next ANNUAL MEETING.

40 Committees and Sub-committees shall perform to the same Standing Orders as Council. Hereafter in these Standing Orders, all references to Committees apply also to Sub-committees.

41 Every Committee shall at its first meeting, before proceeding to any other business, elect a vice‑chairman who shall hold office until the next ANNUAL MEETING.

42 The chairman of the Committee and the chairman of the Council may summon a special meeting of that Committee at any time. A special 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.

Presence of non‑members of Committees at Committee meetings

43.1 A Council member who has proposed a motion which has been referred to any Committee of which he is not a member may at the discretion of the Committee Chairman explain his motion to the Committee but shall not vote.

43.2 Any Council member shall, unless the Council otherwise orders, be entitled to be present at the meetings of any Committee of which he is not a member. Such entitlement shall not include any right to speak (unless the Committee decides otherwise) or to vote.

FINANCIAL MATTERS

Payments

44.1 Except as provided in O.44.2 or by statute, all accounts for payment and claims upon the Council shall be certified as to accuracy and correctness for payment by the Clerk and laid before the Council.

44.2 Where it is necessary to make a payment before the date set for the next meeting of the Council, subject to such payment having been certified as to its correctness and urgency by the Clerk, it may be authorised by the Committee, if any, having charge of the business to which it relates, or, with the approval of the Chairman or Vice-Chairman of the Council, by the Chairman of the Finance & General Purposes Committee.

44.3 All payments authorised under O.44.2 shall be separately included in the next schedule of payments before the Council.

45 The persons authorised to sign cheques and the extent of their authority shall be as resolved by Council from time to time.

Annual Accounts

46 The Responsible Financial Officer shall prepare a Financial Statement on the appropriate accounting basis (receipts and payments, or income and expenditure) for a year to 31 March and present it to each member before the end of the following month of May. The Responsible Financial Officer shall present the Statement of Accounts of the Council (which is subject to external audit) to Council for formal approval before the end of September immediately following the year covered in such accounts.

Precept and budgets

47 The Council shall approve its budgets and precept for the forthcoming financial year not later than the end of December.

Financial Regulations

48.1 The Council shall consider and, subject to such amendments as it considers fit, approve Financial Regulations drawn up by the Responsible Financial Officer.

48.2 Such Regulations shall include detailed arrangements for the following:

· the accounting records and systems of internal control;

· the assessment and management of risks faced by the Council;

· the work of the Internal Auditor and the receipt of regular reports from the Internal Auditor which shall be required at least annually;

· the financial reporting requirements of members and local electors and

· procurement policies

49.1 Any proposed contract for the supply of goods, materials, services or the execution of works with an estimated value exceeding £500 but not exceeding £5,000 shall be put out to tender to not less than three potential suppliers chosen by the Council or, with the approval of the Chairman or Vice-Chairman of the Council, by the Chairman of the Committee having charge of the matter concerned. Any such contract in excess of £5,000 shall be procured on the basis of a formal tender comprising the following steps:

· a public notice of intention to place a contract to be placed in a local newspaper;

· a specification of the goods, materials, services and the execution of works shall be drawn up;

· tenders are to be sent, in a sealed marked envelope, to the Clerk by a stated date and time;

· tenders submitted are to be opened, after the stated closing date and time, by the Clerk and at least one member of Council;

· tenders are then to be assessed and reported to the appropriate meeting of Council or Committee.

49.2 The requirement for three suppliers above shall not apply where three suitable suppliers cannot with reasonable diligence be identified, and instead the supplier or suppliers identified shall be asked to tender.

49.3 The Council shall not be bound to accept the lowest tender, estimate or quote.

50 The Financial Regulations of the Council shall be subject to regular review, at least once every four years.

GOVERNANCE

51.1 If a member has a personal interest as defined by Section 9 of the Code of Conduct adopted by the Council for the time being, then he shall declare such interest in the manner specified by the Code.

51.2 If a member who has declared a personal interest then considers the interest to be prejudicial, as defined by Section 10 of the Code of Conduct adopted by the Council for the time being, then he shall declare such interest and take action in the manner specified by the Code.

51.3 The Clerk shall record particulars of any notice given by any member or any officer of the Council of an interest, and the record shall be open during reasonable hours of the day for the inspection of any member.

Unauthorised activity

52 No member of the Council or of any Committee shall in the name of, or on behalf of the Council and without authority

· inspect any lands or premises which the Council has a right or duty to inspect, or

· issue order, instructions or directions,

nor shall any member of the Council or of any Committee without authority express a view in a way which might reasonably be understood as expressing the view of the Council.

Confidential business

53 No member of the Council or the Clerk shall disclose to any person not a member of the Council any business declared to be confidential by the Council or by a Committee.

OTHER MATTERS

Liaison with County and District Councillors

54 A notice of meeting, if so desired by the Parish Council, shall be sent to the County Councillor for the division and District councillors for wards within the parish. Unless the Council otherwise orders, a copy of each letter ordered to be sent to the County or District Council shall be transmitted to the County Councillor for the division or to the District Councillors for the relevant ward as the case may require.

Administrative matters

55 Where a statute, regulation or order confers functions or duties on the proper officer of the Council in the following cases, the Proper Officer shall be the Clerk:

· To receive declarations of acceptance of office.

· To receive and record notices disclosing interests.

· 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 byelaws made by the Council.

· To sign summonses to attend meetings of the Council.

56 The Clerk shall, as soon as it is received, stamp each communication with the date received.

57 The Clerk shall refer all relevant communications to the designated member within seven days of receipt.

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

59.1 Any part of the Standing Orders except those printed in bold type may be suspended by resolution in relation to any specific item of business Provided that where the resolution is to suspend O.35.1, it shall only be effective if written notice of it shall have been given by notice signed by at least nine members of the Council or if it is moved in pursuance of the report or recommendation of a Committee.

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

60 A printed copy of these Standing Orders shall be given to each member by the Clerk upon delivery to him of the member’s declaration of acceptance of office.

61 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.

62 The minutes of the Council and any Committee shall be open to inspection by any member of the Council or public. Copies of any item may be obtained on request. A nominal charge may be made to the public for this service.

63 A document shall not be sealed on behalf of the Council unless its sealing has been authorised by a resolution. Any two members of the Council may, n behalf of the Council, seal any document required by law to be issued under seal.