Standing Orders
|
Date Adopted / Reviewed |
Next Review Due |
|
26 May 2016 |
May 2017 |
|
25 May 2017 |
May 2018 |
|
31 May 2018 |
May 2019 |
|
16 May 2019 |
May 2020 |
|
11 June 2020 |
June 2021 |
|
03 June 2021 |
May 2022 |
|
7 June 2022 |
June 2023 |
|
13 June 2023 |
June 2024 |
Index
1. Rules of debate at meetings
2. Disorderly conduct at meetings
3. Meetings generally
4. Committees and sub-committees
5. Ordinary council meetings
6. Extraordinary meetings of the council and committees and sub-committees
7. Previous resolutions
8. Voting on appointments
9. Motions for a meeting that require written notice to be given to the Proper Officer
10. Motions at a meeting that do not require written notice
11. Handling confidential or sensitive information
12. Draft minutes
13. Code of conduct and dispensations
14. Code of conduct complaints
15. Proper Officer
16. Responsible Financial Officer
17. Accounts and accounting statements
18. Financial controls and procurement
19. Handling staff matters
20. Responsibilities to provide information
21. Responsibilities under Data Protection Legislation
22. Relations with the Press/media
23. Execution and sealing of legal deeds
24. Communicating with District and County or Unitary councillors
25. Restrictions on councillor activities
26. Standing orders generally
27. Committees – terms of reference
28. Committees – delegated powers
1. Rules of debate at meetings
a Motions on the agenda shall be considered in the order that they appear unless the order is changed at the discretion of the chairperson of the meeting.
b A motion (including an amendment) shall not be progressed unless it has been moved and seconded.
c A motion on the agenda that is not moved by its proposer may be treated by the chairperson of the meeting as withdrawn.
d If a motion (including an amendment) has been seconded, it may be withdrawn by the proposer only with the consent of the seconder and the meeting.
e An amendment is a proposal to remove or add words to a motion. It shall not negate the motion.
f If an amendment to the original motion is carried, the original motion becomes the substantive motion upon which further amendment(s) may be moved.
g An amendment shall not be considered unless early verbal notice of it is given at the meeting and, if requested by the chair of the meeting, is expressed in writing to the chair.
h A councillor may move an amendment to their own motion if agreed by the meeting. If a motion has already been seconded, the amendment shall be with the consent of the seconder and the meeting.
i If there is more than one amendment to an original or substantive motion, the amendments shall be moved in the order directed by the chairperson.
j Subject to standing order 1(k) below, only one amendment shall be moved and debated at a time, the order of which shall be directed by the chairperson of the meeting.
k One or more amendments may be discussed together if the chairperson of the meeting considers this expedient but each amendment shall be voted upon separately.
l A councillor may not move more than one amendment to an original or substantive motion.
m The mover of an amendment has no right of reply at the end of debate on it.
n Where a series of amendments to an original motion are carried, the mover of the original motion shall have a right of reply either at the end of debate of the first amendment or at the very end of debate on the final substantive motion immediately before it is put to the vote.
o Unless permitted by the chairperson of the meeting, a councillor may speak once in the debate on a motion except:
i. to speak on an amendment moved by another councillor;
ii. to move or speak on another amendment if the motion has been amended since they last spoke;
iii. to make a point of order;
iv. to give a personal explanation; or
v. in exercise of a right of reply.
p During the debate of a motion, a councillor may interrupt only on a point of order or a personal explanation and the councillor who was interrupted shall stop speaking. A councillor raising a point of order shall identify the standing order which he/she considers has been breached or specify the other irregularity in the proceedings of the meeting he/she is concerned by.
q A point of order shall be decided by the chairperson of the meeting and their decision shall be final.
r When a motion is under debate, no other motion shall be moved except:
i. to amend the motion;
ii. to proceed to the next business;
iii. to adjourn the debate;
iv. to put the motion to a vote;
v. to ask a person to be no longer heard or to leave the meeting;
vi. to refer a motion to a committee or sub-committee for consideration;
vii. to exclude the public and press;
viii. to adjourn the meeting; or
ix. to suspend particular standing order(s) excepting those which reflect mandatory statutory requirements.
s Before an original or substantive motion is put to the vote, the chairperson of the meeting shall be satisfied that the motion has been sufficiently debated and that the mover of the motion under debate has exercised or waived his right of reply.
t Excluding motions moved understanding order 1(r) above, the contributions or speeches by a councillor shall relate only to the motion under discussion and shall not exceed three minutes without the consent of the chairperson 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 chairperson of the meeting shall request such person(s) to moderate or improve their conduct.
b If person(s) disregard the request of the chairperson of the meeting to moderate or improve their conduct, any councillor or the chairperson of the meeting may move that the person be no longer heard or 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) above is ignored, the chairman 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
# = Full Council meetings
% = Committee meetings
$ = Sub-committee meetings
# 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 The minimum three clear days’ public notice for a meeting does not include the day on which the notice was issued or the day of the meeting unless the meeting is convened at shorter notice
% # d 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.
e 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. Members of the public wishing to attend a meeting should register their attendance at least 48 hours prior to the start of the meeting and give notice of any questions they intend to pose.
f The period of time designated for public participation at a meeting in accordance with standing order 3(e) above shall not exceed thirty minutes unless directed by the chairperson of the meeting.
g Subject to standing order 3(f) above, a member of the public shall not speak for more than three minutes.
h In accordance with standing order 3(e) above, a question shall not require a response at the meeting nor start a debate on the question. The chairman of the meeting may direct that a written or oral response be given.
i A person shall raise his hand when requesting to speak.
j A person who speaks at a meeting shall direct his comments to the chairperson of the meeting.
k Only one person is permitted to speak at a time. If more than one person wants to speak, the chairperson of the meeting shall direct the order of speaking.
% # l Subject to standing order 3(m), 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
% # m A person present at a meeting may not provide an oral report or oral commentary about a meeting as it takes place without permission
% # n The press shall be provided with reasonable facilities for taking of their report of all or part of a meeting at which they are entitled to be present.
# o Subject to standing orders which indicate otherwise, anything authorised or required to be done by, to or before the Chairperson of the Council may in his absence be done by, to or before the Vice-Chairperson of the Council (if there is one).
# p The Chairperson, if present, shall preside at a meeting. If the Chairperson is absent from a meeting, the Vice-Chairperson, if present, shall preside. If both the Chairperson and the Vice-Chairperson are absent from a meeting, a councillor as chosen by the councillors present at the meeting shall preside at the meeting.
$ % # q Subject to a meeting being quorate, all questions at a meeting shall be decided by a majority of the councillors or councillors with voting rights present and voting.
$ % # r The chairperson 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 his casting vote whether or not he gave an original vote.
See standing orders 5(i) and (j) below for the different rules that apply in the election of the Chairperson of the Council at the annual meeting of the council.
# s 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 his vote for or against that question. Such a request shall be made before moving on to the next item of business on the agenda.
t 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 present and absent;
iii. interests that have been declared by councillors and non-councillors with voting rights;
iv. whether a councillor or non-councillor with voting rights left the meeting when matters that they held interests in were being considered;
v. if there was a public participation session; and
vi. the resolutions made.
$ % # u 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.
# v 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.
See standing order 4d (viii) below for the quorum of a committee or sub-committee meeting.
$ % #w 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.
x A meeting shall not finish later than 10pm unless the Chairperson expresses the opinion that the business not transacted by this time is too urgent to defer until the next meeting, at which point any member may move an extension of the duration of the meeting.
4. Committees and sub-committees
a Unless the council determines otherwise, a committee may appoint a sub-committee whose terms of reference and members shall be determined by the committee.
b The members of a committee may include non-councillors unless it is a committee which regulates and controls the finances of the council.
c Unless the council determines otherwise, all the members of an advisory committee and a sub-committee of the advisory committee may be non-councillors.
d The council may appoint standing committees or other committees as may be necessary, and:
i. shall determine their terms of reference;
ii. shall determine the number and time of the ordinary meetings of a standing committee up until the date of the next annual meeting of full council;
iii. shall permit a committee, other than in respect of the ordinary meetings of a committee, to determine the number and time of its meetings;
iv. shall, subject to standing orders 4(b) and (c) above, appoint and determine the terms of office of members of such a committee;
v. may, subject to standing orders 4(b) and (c) above, appoint and determine the terms of office of the substitute members to a committee whose role is to replace the ordinary members at a meeting of a committee if the ordinary members of the committee confirm to the Proper Officer three days before the meeting that they are unable to attend;
vi. shall, after it has appointed the members of standing committee, appoint the chair of the standing committee;
vii. shall permit a committee other than a standing committee, to appoint its own chairperson at the first meeting of the committee;
viii. shall determine the place, notice requirements and quorum for a meeting of a committee and a sub-committee which shall be no less than three;
ix. shall determine if the public may participate at a meeting of a committee;
x. shall determine if the public and press are permitted to attend the meetings of a sub-committee and also the advance public notice requirements, if any, required for the meetings of a sub-committee;
xi. shall determine if the public may participate at a meeting of a sub-committee that they are permitted to attend; and
xii. may dissolve a committee or a sub-committee.
5. 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 new councillors elected take office.
b In a year which is not an election year, the annual meeting of a council shall be held on such a day in May as the council may direct.
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 directs.
e The first business conducted at the annual meeting of the council shall be the election of the Chairperson and Vice-Chairperson (if there is one) of the Council.
f The Chairperson of the Council, unless he/she has resigned or becomes 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-Chairperson of the Council, if any, unless they resign or become disqualified, shall hold office until immediately after the election of the Chairperson of the Council at the next annual meeting of the council.
h In an election year, if the current Chairperson of the Council has not been re-elected as a member of the council, he/she shall preside at the meeting until a successor Chairperson of the Council has been elected. The current Chairperson of the Council shall not have an original vote in respect of the election of the new Chairperson of the Council but must give a casting vote in the case of an equality of votes.
i In an election year, if the current Chairperson of the Council has been re-elected as a member of the council, they shall preside at the meeting until a new Chairperson of the Council has been elected. They may exercise an original vote in respect of the election of the new Chairperson of the Council and must give a casting vote in the case of an equality of votes.
j Following the election of the Chairperson of the Council and Vice-Chairperson (if there is one) of the Council at the annual meeting of the council, the business of the annual meeting shall include:
i. In an election year, delivery by the Chairperson 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 Chairperson of the Council of his 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. Receipt of the minutes of the last meeting of a committee;
iv. Consideration of the recommendations made by a committee;
v. Review of delegation arrangements to committees, sub-committees, staff and other local authorities;
vi. Review of the terms of reference for committees;
vii. Appointment of members to existing committees;
viii. Appointment of any new committees in accordance with standing order 4 above;
ix. Review and adoption of appropriate standing orders and financial regulations;
x. Review of arrangements, (including legal agreements) with other local authorities, not for profit bodies and businesses;
xi. Review of representation on or work with external bodies and arrangements for reporting back. Councillors are required to have completed Councillor training prior to representing or working with external bodies on behalf of the Parish Council;
xii. In an election year, to make arrangements with a view to the council becoming eligible to exercise the general power of competence in the future;
xiii. Review of inventory of land and other asset including buildings and office equipment
xiv. Confirmation of arrangements for insurance cover in respect of all insurable risks;
xv. Review of the Council’s and/or staff subscriptions to other bodies;
xvi. Review of the Council’s complaints procedure;
xvii. Review of the Council’s policies, procedures and practices in respect of its obligations under freedom of information and data protection legislation (see also standing orders 11,20 and 21);
xviii. Review of the Council’s policy for dealing with the press/media;
xix. Review the Council’s employment policies and procedures;
xx. Review of the Council’s expenditure incurred under s.137 of the Local Government Act 1972, or the General Power of Competence.
xxi. Determining the time and place of ordinary meetings of the full council up to and including the next annual meeting of full council.
6. Extraordinary meetings of the council and committees and sub-committees
a The Chairperson of the Council may convene an extraordinary meeting of the council at any time.
b If the Chairperson of the Council does not or refuses to 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 must be signed by the two councillors.
c The chairperson of a committee [or a sub-committee] may convene an extraordinary meeting of the committee [or the sub-committee] at any time.
d If the chairperson of a committee [or a sub-committee] does not or refuses to call an extraordinary meeting within seven days of having been requested by to do so by two members of the committee [or the sub-committee], any two members of the committee [or the sub-committee] may convene an extraordinary meeting of a committee [or a sub-committee]. The public notice giving the time, place and agenda for such a meeting must be signed by the two councillors.
7. 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 six councillors to be given to the Proper Officer in accordance with standing order 9 below, or by a motion moved in pursuance of the recommendation of a committee or a sub-committee.
b When a motion moved pursuant to standing order 7(a) above has been disposed of, no similar motion may be moved within a further six months.
8. Voting on appointments
a 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 chairperson of the meeting.
9. Motions for a meeting that require written notice to be given to the Proper Officer
a A motion shall relate to the responsibilities of the meeting which it is tabled for and in any event shall relate to the performance of the council’s statutory functions, powers and obligations or an issue which specifically affects the council’s area or its residents.
b No motion may be moved at a meeting unless it is on the agenda and the mover has given written notice of its wording to the Proper Officer at least seven clear days before the meeting. Clear days do not include the day of the notice or the day of the meeting.
c The Proper Officer may, before including a motion on the agenda received in accordance with standing order 9(b) above, correct obvious grammatical or typographical errors in the wording of the motion.
d If the Proper Officer considers the wording of a motion received in accordance with standing order 9(b) above is not clear in meaning, the motion shall be rejected until the mover of the motion resubmits it in writing to the Proper Officer so that it can be understood at least six clear days before the meeting.
e If the wording or subject of a proposed motion is considered improper, the Proper Officer shall consult with the chairperson of the forthcoming meeting or, as the case may be, the councillors who have convened the meeting, to consider whether the motion shall be included in the agenda or rejected.
f The decision of the Proper Officer as to whether or not to include the motion on the agenda shall be final.
g Motions received shall be recorded and numbered in the order that they are received
h Motions rejected shall be recorded with an explanation by the Proper Officer of the reason for rejection.
10. Motions at a meeting that do not require written notice
a The following motions may be moved at a meeting without written notice to the Proper Officer;
i. to correct an inaccuracy in the draft minutes of a meeting;
ii. to move to a vote;
iii. to defer consideration of a motion;
iv. to refer a motion to a particular committee or sub-committee;
v. to appoint a person to preside at a meeting;
vi. to change the order of business on the agenda;
vii. to proceed to the next business on the agenda;
viii. to require a written report;
ix. to appoint a committee or sub-committee and their members;
x. to extend the time limits for speaking;
xi. to exclude the press and public from a meeting in respect of confidential or sensitive information which is prejudicial to the public interest;
xii. to not hear further from a councillor or a member of the public;
xiii. to exclude a councillor or member of the public for disorderly conduct;
xiv. to temporarily suspend the meeting;
xv. to suspend a particular standing order (unless it reflects mandatory statutory requirements);
xvi. to adjourn the meeting; or
xvii. to close a meeting.
11. Management of Information
See also standing order 20
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., current legislation).
c The agenda, papers that support the agenda and the minutes of a meeting shall not disclose or otherwise undermine confidential or sensitive information which for special reasons would not be in the public interest.
d Councillors and staff shall not disclose confidential or sensitive information which for special reasons would not be in the public interest.
12. Draft minutes
# = Full Council meetings
% = Committee meetings
$ = Sub-committee meetings
a. 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.
b. 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 moved in accordance with standing order 10(a) (i) above.
c. The accuracy of draft minutes, including any amendment(s) made to them, shall be confirmed by resolution and shall be signed by the Chairperson of the meeting and stand as an accurate record of the meeting to which the minutes relate.
d. If the chairperson of the meeting does not consider the minutes to be an accurate record of the meeting to which they relate, he/she shall sign the minutes and include a paragraph in the following terms or to the same effect:
“The chairperson of this meeting does not believe that the minutes of the meeting of the ( ) held on [date] in respect of ( ) were a correct record but his/her view was not upheld by the meeting and the minutes are confirmed as an accurate record of the proceedings.”
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.
$ % # f. Subject to the publication of draft minutes in accordance with standing orders 12(e) and standing order 20(a) and following a resolution which confirms the accuracy of the minutes of a meeting, the draft minutes or recordings of the meeting for which approved minutes exist shall be destroyed.
13. Code of conduct and dispensations
See also standing order 3(t) above.
a All councillors and non-councillors with voting rights shall observe the code of conduct adopted by the council.
b Unless a councillor has 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 the councillor has a disclosable pecuniary interest. The councillor may return to the meeting after it has considered the matter in which he/she had the interest.
c Unless a councillor has 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 required by the council’s code of conduct. The Councillor may return to the meeting after it has considered the matter in which he/she 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, or committee or sub-committee 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 Subject to standing orders 13(d) and (f) above, dispensations requests shall be considered by the Proper Officer before the meeting or if this is not possible at the beginning of the meeting of the council, or committee or a sub-committee for which the dispensation is required.
h A dispensation may be granted in accordance with standing order 13(e) above if having regard to all relevant circumstances the following applies:
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 or
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.
14. Code of conduct complaints
a Upon notification by the District 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, subject to standing order 11 above, report this to the council.
b Where the notification in standing order 14(a) above relates to a complaint made by the Proper Officer, the Proper Officer shall notify the Chairperson of Council of this fact, and the Chairperson shall nominate another staff member to assume the duties of the Proper Officer in relation to the complaint until it has been determined the council has agreed what action, if any, to take in accordance with standing order 14(d) below.
c The council may:
i. provide information or evidence where such disclosure is necessary to progress an investigation of the complaint or is required by law;
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 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.
15. Proper Officer
a The Proper Officer shall be either (i) the clerk or (ii) other staff member(s) nominated by the council to undertake the work of the Proper Officer when the Proper Officer is absent.
b The Proper Officer shall:
i. at least three clear days before a meeting of the council, a committee or a sub-committee
• serve on councillors, by delivery, by post at their residences, or by email, authenticated in such manner as the Proper Officer thinks fit, (provided any such email contains the electronic signature and title of the Proper Officer), a signed summons confirming the time, place and the agenda.
• Provide, in a conspicuous place, public notice of the time place and agenda at least three clear days before a meeting of the council or a meeting of a committee or a sub-committee (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) above for the meaning of clear days for a meeting of a full council and standing order 3(c) above for a meeting of a committee.
ii. subject to standing order 9 above, include on the agenda all motions in the order received unless a councillor has given written notice at least 6 days before the meeting confirming his withdrawal of it;
iii. convene a meeting of full council for the election of a new Chairperson of the Council, occasioned by a casual vacancy in his/her office;
iv. facilitate inspection of the minutes by local government electors;
v. receive and retain copies of byelaws made by other local authorities;
vi. hold acceptance of office forms from councillors;
vii. hold a copy of every councillor’s register of interests;
viii. 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;
ix. liaise, as appropriate, with the Council’s Data Protection Officer (if there is one)
x. receive and send general correspondence and notices on behalf of the council except where there is a resolution to the contrary;
xi. manage assist in the organisation, storage of, access to, security of and destruction of information held by the council in paper and electronic form subject to current data protection and freedom of information legislation (e.g., The Limitation Act 1980);
xii. arrange for legal deeds to be executed;
(See also standing order 22 below).
xiii. arrange or manage the prompt authorisation, approval, and instruction regarding any payments to be made by the council in accordance with the council’s financial regulations;
xiv. record every planning application notified to the council and the council’s response to the local planning authority within the minutes of the meeting at which the response was resolved;
xv. refer a planning application received by the council to the Chairperson or in his/her absence Vice-Chairperson (if any) of the Planning and Transport Committee 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 Planning and Transport committee;
xvi. manage access to information about the council via the publication scheme; and
xvii. retain custody of the seal of the council (if any) which shall not be used without a resolution to that effect.
(See also standing order 22 below).
16. Responsible Financial Officer
a The council shall appoint appropriate staff member(s) to undertake the work of the Responsible Financial Officer when the Responsible Financial Officer is absent.
17. 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 (England).
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 as soon as practicable after 30 June, 30 September and 31 December in each year a statement to summarise:
i. the council’s receipts and payments for each quarter;
ii. the council’s aggregate receipts and payments for the year to date;
iii. the balances held at the end of the quarter being reported and 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 for the last quarter and the year to date for information; and
ii. to the full council the annual governance and accounting return for the year, as required by proper practices, for consideration and approval.
e The year-end accounting statements shall be prepared in accordance with proper practices and applying the form of accounts determined by the council (receipts and payments, or income and expenditure) for a year to 31 March. A draft annual governance and accounting return shall be presented to each councillor at least 14 days prior to anticipated approval by the Council. The annual governance and accounting return of the council, which is subject to external audit, shall be presented to council for consideration and formal approval before 30 June.
18. Financial controls and procurement
a The council shall consider and approve financial regulations drawn up by the Responsible Financial Officer, which shall include detailed arrangements in respect of the following:
i. the keeping of accounting records and systems of internal controls;
ii. the assessment and management of financial risks faced by the council;
iii. the work of the independent internal auditor in accordance with proper practices and the receipt of regular reports from the internal auditor, which shall be required at least annually;
iv. the inspection and copying by councillors and local electors of the council’s accounts and/or orders of payments; and
v. whether contracts with an estimated value below £25,000 due to special circumstances are exempt from a tendering process or procurement exercise.
b Financial regulations shall be reviewed regularly and at least annually for fitness of purpose.
c A public contract regulated by the Public Contracts Regulations 2015 with an estimated value in excess of £25,000 but less than the relevant thresholds in standing order 18(f) is subject to regulations 109-114 of the Public Contracts Regulations 2015 which include a requirement of the Council to advertise the contract opportunity on the Contracts Finder website regardless of what other means it uses to advertise the opportunity unless it proposes to use an existing list of approved suppliers,
d Subject to additional requirements in the financial regulations of the council, the tender process for contracts for the supply of goods, materials, services or the execution of works shall include, as a minimum, the following steps:
i. a specification for the goods, materials, services or the execution of works shall be drawn up;
ii. an invitation to tender shall be drawn up to confirm (i) the council’s specification (ii) the time, date and address for the submission of tenders (iii) the date of the council’s written response to the tender and (iv) the prohibition on prospective contractors contacting councillors or staff to encourage or support their tender outside the prescribed process;
iii. the invitation to tender shall be advertised in a local newspaper and in any other manner that is appropriate;
iv. tenders are to be submitted in writing in a sealed marked envelope addressed to the Proper Officer;
v. tenders shall be opened by the Proper Officer in the presence of at least one councillor after the deadline for submission of tenders has passed;
vi. tenders are to be reported to and considered by the appropriate meeting of the council or a committee or sub-committee with delegated responsibility.
e Neither the council, nor a committee or a sub-committee with delegated responsibility for considering tenders, is bound to accept the lowest value tender.
f Where the value of a contract is likely to exceed the threshold specified by the Office of Government Commerce, the Council must consider whether the Public Contracts Regulations 2015 or the Utilities Contracts Regulations 2016 apply to the contract and, if either of those Regulations apply, the Council must comply with the procurement rules. NALC’s procurement guidance contains further details.
19. Handling staff matters
a A matter personal to a member of staff that is being considered by a meeting of council or the finance policy and personnel committee or the personnel sub-committee is subject to standing order 11 above.
b Subject to the council’s policy regarding absences from work, the council’s most senior member of staff shall notify the Chairperson of the finance policy and personnel committee or, if he/she is not available, the Chairperson of the Personnel sub-committee of absence occasioned by illness or other reason and that person shall report such absence to the Chairperson of the finance and general purposes committee or that committee at its next meeting.
c The chairperson of Personnel sub-committee shall upon a resolution arrange for two members of that committee to conduct a review of the performance and annual appraisal of the work of Proper Officer/Responsible Financial Officer. The Proper Officer/Responsible Financial Officer shall conduct the annual appraisal of all other Staff. Actions from the appraisals shall be reported in writing to the Finance Policy and Personnel committee who will make recommendations to Council.
d Subject to the council’s policy regarding the handling of grievance matters, the council’s most senior employee (or other employees) shall contact the chairperson of the Personnel sub-committee or in their absence the chairperson of finance policy and personnel committee in respect of an informal or formal grievance matter, and this matter shall be reported back to the Finance Policy and Personnel purposes committee who will make a recommendation to Council.
e Subject to the Council’s policy regarding the handling of grievance matters, if an informal or formal grievance matter raised by the Proper Officer/ Responsible Financial Officer relates to the chairman of the Finance Policy and Personnel Committee or the Personnel sub-committee, this shall be communicated to another member of the Finance Policy and Personnel Committee or Personnel sub-committee, which shall be reported back and progressed by resolution of the Finance Policy and Personnel Committee or the Personnel sub-committee.
f Any persons responsible for all or part of the management of staff shall treat the written records of all meetings relating to their performance, capabilities, grievance or disciplinary matters as confidential and secure.
g In accordance with standing order 11(a), persons with line management responsibilities shall have access to staff records referred to in standing order 19(f).
20. Responsibilities to provide information
See also Standing Order 21
a In accordance with current 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.
OR
If gross annual income or expenditure (whichever is the higher) exceeds £200,000 The Council, shall publish information in accordance with the requirements of the Local Government (Transparency Requirements) (England) Regulations 2015.
21. Responsibilities under Data Protection Legislation
See also standing order 11.
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.
22. Relations with the press/media
a 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.
23. Execution and sealing of legal deeds
See also standing orders 15(b) (xii) and (xvii) above.
a A legal deed shall not be executed on behalf of the council unless authorised by a resolution.
b Subject to standing order 23(a) above, any two councillors may sign, on behalf of the council, any deed required by law and the Proper Officer shall witness their signatures.
The above is applicable to a council without a common seal.
24. Communicating with District and County councillors
a An invitation to attend a meeting of the council shall be sent, together with the agenda, to the ward councillor(s) of the District and County Council.
b Unless the council determines otherwise, a copy of each letter sent to the District and County Council shall be sent to the ward councillor(s) representing the area of the council.
25. Restrictions on councillor activities
a. Unless authorised by a resolution, no councillor shall:
i. inspect any land and/or premises which the council has a right or duty to inspect; or
ii. issue orders, instructions or directions.
26. Standing orders generally
a All or part of a standing order, except one that incorporates mandatory statutory requirements 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, can be proposed by a special motion, the written notice by at least three councillors to be given to the Proper Officer in accordance with standing order 9.
c The Proper Officer shall provide a copy of the council’s standing orders to a councillor as soon as possible after he has delivered his acceptance of office form.
d The decision of the chairman of a meeting as to the application of standing orders at the meeting shall be final.
27. Committees – Terms of reference
Allotments Committee
(i) Undertake to consider on behalf of the Council all aspects of activity relating to the provision of allotment gardens and make decisions in accordance with any approved delegated powers or, where none exist, make recommendations to the Council.
(ii) Prepare a budget for the forthcoming financial year in accordance with the Financial Regulations of the Council and its precept timetable.
(iii) Monitor its expenditure from time to time throughout the year and consider adjustment of plans and activities if appropriate.
(iv) Monitor the payment and collection of allotment rents.
(v) Deal with any other matter passed to it by the Council from time to time.
Cemetery Committee
(i) Undertake to consider on behalf of the Council all aspects of activity relating to the land held for burial purposes and make decisions in accordance with any approved delegated powers or, where none exist, make recommendations to the Council.
(ii) Prepare a budget for the forthcoming financial year in accordance with the Financial Regulations of the Council and its precept timetable.
(iii) Monitor its expenditure from time to time throughout the year and consider adjustment of plans and activities if appropriate.
(iv) Monitor the payment and collection of burial and memorial fees.
(v) Deal with any other matter passed to it by the Council from time to time.
Finance Policy and Personnel Committee
i. Undertake to consider on behalf of the Council all aspects of activity relating to financial matters not within the remit of other committees and make decisions in accordance with any approved delegated powers or, where none exist, make recommendations to the Council.
ii. Prepare and review all Council policies and procedures, Standing Orders, and Financial Regulations
iii. Maintain the Council’s inventory of land and assets including buildings and office equipment
iv. Confirm and make arrangements for insurance cover in respect of all insured risks
v. Review the Council’s and/or staff subscriptions to other bodies
vi. Prepare a budget for the forthcoming financial year in accordance with the Financial Regulations of the Council and its precept timetable for items of expenditure and income not contained within other committees’ terms of reference.
vii. Assemble the overall budget for the financial year detailing financial implications for recommendation to the Council.
viii. Monitor the Council’s expenditure and income from time to time throughout the year and consider adjustment of plans and activities if appropriate.
ix. Ensure that the year-end accounts are prepared for approval by the Council in accordance with current legislation.
x. Prepare the Annual Return for approval by the Council.
xi. To review the security of monies, keys and back-up systems.
xii. To consider health and safety issues and make recommendations to Council.
xiii. To consider all personnel issues and make recommendations to Council.
xiv. To deal with any other matter passed to it by the Council from time to time.
Planning and Transport Committee
(i) Undertake to consider on behalf of the Council all aspects of planning, including applications, local and structure plans, and make decisions in accordance with any approved delegated powers or, where none exist, make recommendations to the Council.
(ii) Undertake to consider any aspect of development within the parish which affects its structure, amenity or appearance whether or not occurring through the usual planning process and make recommendations accordingly.
(iii) Undertake to consider on behalf of the Council all aspects of activity relating to transport including public transport, bus shelters, road safety and street lighting and make decisions in accordance with any approved delegated powers or, where none exist, make recommendations to the Council.
(iv) Prepare a budget for the forthcoming financial year in accordance with the Financial Regulations of the Council and its precept timetable.
(v) Monitor its expenditure from time to time throughout the year and consider adjustment of plans and activities if appropriate.
(vi) To acknowledge the planning policies within the Deepings Neighbourhood plan, SKDC Local Plan and the National Planning Policy Framework, and all current planning legislation.
(vii) To liaise with the Deepings Neighbourhood Plan Committee and regularly update the Parish Council.
(viii) Deal with any other matter passed to it by the Council from time to time.
Recreation, Open Spaces and Events Committee
(i) Undertake to consider on behalf of the Council all aspects of activity relating to the 'Woody Heights' playing field and Skate Park and make decisions in accordance with any approved delegated powers or, where none exist, make recommendations to the Council.
(ii) To organise the Annual Parish Walks, report any inaccessible footpaths to the landowner and to make recommendations to the Council.
(iii) From time to time to consider other footpaths and open spaces as referred to by the Council.
(iv) To liaise with the Friends of Deeping St James (former In Bloom Committee) and to make recommendations to Council.
(v) To coordinate activities on Jubilee Park.
(vi) To consider the management and maintenance of Millennium Wood and to make recommendations to Council.
(vii) To co-ordinate the annual summer Play Scheme and make recommendations to Council.
(viii) Prepare a budget for the forthcoming financial year in accordance with the Financial Regulations of the Council and its precept timetable.
(ix) Monitor its expenditure from time to time throughout the year and consider adjustment of plans and activities if appropriate.
(x) Deal with any other matter passed to it by the Council from time to time.
28. Committees – Delegated Powers
Allotments Committee
i. Expenditure of a revenue nature (maintenance/general) may be approved by the Committee without recourse to the Council providing the expenditure is contained within the previously approved annual budget for the Committee and reported to the next Council meeting.
ii. Expenditure of a capital nature may be approved by the committee without recourse to the council providing the expenditure is contained within the previously approved annual budget for the committee and reported to the next Council meeting. Other expenditure of a capital nature to take the form of a recommendation to the Council.
iii. To liaise with the Allotments Association to help with managing the Allotments.
iv. To write and review the tenancy agreement.
v. To resolve all matters relating to the Allotments as long as they are covered by legislation.
vi. To inspect the Allotment plots as necessary to maintain standards.
vii. To meet potential tenants on site to discuss the rules and regulations, and show them around the site.
viii. All other activities/actions of the Committee to take the form of a recommendation to the Council for decision.
Cemetery Committee
(i) Expenditure of a revenue nature (maintenance/general) may be approved by the Committee without recourse to the Council providing the expenditure is contained within the previously approved annual budget for the Committee and reported to the next Council meeting.
(ii) Expenditure of a capital nature may be approved by the committee without recourse to the council providing the expenditure is contained within the previously approved annual budget for the committee and reported to the next Council meeting. Other expenditure of a capital nature to take the form of a recommendation to the Council.
(iii) All other activities/actions of the Committee to take the form of a recommendation to the Council for decision.
Finance, Policy and Personnel Committee
i. To prepare new policies/procedures and review policies/procedures as required.
ii. All other activities/actions of the Committee to take the form of a recommendation to the Council for decision.
iii. To be responsible for managing the Hall Meadow Estate Charity on behalf of the Council (Trustee).
Planning and Transport Committee
(i) The committee shall be authorised to make decisions on the following categories of planning applications where there is unanimous agreement of those present at the meeting and no contrary view received - Conservatories; Small domestic extensions; Amended plans where the Council has recorded no objections to the original proposals.
(ii) Expenditure of a revenue nature (maintenance/general) may be approved by the Committee without recourse to the Council providing the expenditure is contained within the previously approved annual budget for the Committee and reported to the next Council meeting.
(iii) Expenditure of a capital nature may be approved by the committee without recourse to the council providing the expenditure is contained within the previously approved annual budget for the committee and reported to the next Council meeting. Other expenditure of a capital nature to take the form of a recommendation to the Council.
(iv) All other activities/actions of the Committee to take the form of a recommendation to the Council for decision.
Recreation, Open Spaces and Events Committee
(i) Expenditure of a revenue nature (maintenance/general) may be approved by the Committee without recourse to the Council providing the expenditure is contained within the previously approved annual budget for the Committee and reported to the next Council meeting.
(ii) Expenditure of a capital nature may be approved by the committee without recourse to the council providing the expenditure is contained within the previously approved annual budget for the committee and reported to the next Council meeting. Other expenditure of a capital nature to take the form of a recommendation to the Council.
(iii) To organise events within approved budgets.
(iv) All other activities/actions of the Committee to take the form of a recommendation to the Council for decision.
Personnel Sub-Committee
(i) To advertise and interview for new staff as and when required.
(ii) To appoint new staff as necessary.
(iii) To deal with disputes that may arise from time to time.
(iv) To be responsible for staff contracts, staff handbook, and ensure both meet with current employment legislation.
(v) To be responsible for ensuring staff appraisals are undertaken annually, in conjunction with the Clerk.
(vi) To have access to funds within set budgets for HR and recruitment purposes.