1. MEETINGS
1.1 Meetings of the Council shall be held on the third Monday of each month, with the exception of August and December, commencing at 7.30 pm unless the Council decides otherwise at a previous meeting.
1.2 The Chairman of the Council may summon an additional meeting at any time, providing the summons complies with relevant statutory requirements. An additional meeting shall also be summoned at the request of not less than three members of the Council. The summons shall set out the business to be considered at the special meeting, and no other business shall be transacted at that meeting.
1.3 The Statutory Annual Meeting (AGM) of the Parish Council shall be held on the third Monday of May, except in an election year when the meeting shall take place within fourteen days of the date of which Councillors take office.
1.4 A summons to attend and agenda for each meeting shall be sent to each member of the Council, to arrive a least three clear days before the date of the meeting. Similar public notice shall also be given of each meeting.
1.5 The Annual Parish Meeting is a public meeting required by statute and shall be held on the 2nd Monday in May at which any elector for the Parish then present may speak at any time, at the discretion of the Chairman, on matters arising of direct concern.
1.6 The public and press shall be admitted to meetings of the Council and its Committees, which may, however, temporarily exclude them by passing an appropriate resolution.
1.7 Members of the public will have the opportunity to ask questions during the meeting when the Chairman adjourns the formal meeting for this purpose.
1.8 There shall be no smoking at meetings of the Council and its Committees
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2. CHAIRMAN OF MEETING
2.1 The person presiding at a meeting may exercise all the powers and duties of the Chairman in relation to the conduct of the meeting.
2.2 If the Chairman is absent, the Vice-Chairman shall preside.
2.3 If the Chairman and Vice-Chairman are the absent, the Meeting shall appoint a Chairman of the meeting before it proceeds to any business.
3. PROPER OFFICER
3.1 The Clerk is the Proper Officer of the Council for any purpose in respect of which a Proper Officer is mentioned in any statute, regulation or order.
3.2 The Clerk shall record the proceedings of the Council and Committee meetings.
3.3 If the Clerk is absent, the person presiding at the Meeting may record the proceedings or may appoint another to do so.
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4. QUORUM
4.1 Four members shall constitute a Quorum. Three members shall constitute a Quorum for all Committees.
4.2 If a Quorum is not present when the Council meets, or if during a meeting the number of Councillors present and not debarred by reason of a declared pecuniary interest, falls below the Quorum, the business not transacted at the meeting shall be transacted at the next meeting, or on such a day as the Chairman may fix.
4.3 A motion to suspend Standing Orders shall not be moved unless at least six members of the Council are present.
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5. VOTING
5.1 Members of the Council vote by show of hands except as provided by Standing Order No. 6.
5.2 If there be an equality of votes, the Chairman shall have a second or casting vote.
5.3 If a member so requires, the Clerk shall record for the Minutes the names of members who voted for or against any motion or abstained from voting.
5.4 If a member so requires, the Clerk shall record in the Minutes a member's objection to a resolution as passed.
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6. VOTING ON APPOINTMENTS
6.1 Whenever two or more persons are nominated for any position to be filled by the Council a ballot shall be held at which all the votes shall be given in writing. The voting slips shall be counted by the clerk in front of those at the meeting
6.2 If the ballot does not result in an overall majority, the name of the person having the least number of votes shall be struck off the list and a fresh ballot taken, and so on until an absolute majority of votes is given in favour of one person.
6.3 Where there is an equality of votes the presiding officer shall have the deciding or casting vote. If there is an equality of votes for the post of chairman, the retiring chairman, or retiring vice-chairman in his or her absence, shall give a casting vote, whether or not he or she is still to be a member of the council. Where possible this casting vote should enforce a revote.
6.4 In the case of a vacancy in the position of councillor occurring within 12 months of the Parish Council election, candidates who were not elected shall be invited to put themselves forward, but the vacancy should still be generally advertised. Appointments are to be made with a total or majority agreement of councillors.
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7. ORDER OF BUSINESS
7.1 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 Declarations, before the Annual Meeting commences.
At the ANNUAL MEETING OF THE COUNCIL (AGM) the first business shall be:
7.2 To elect a Chairman of the Council who shall hold office until the next Annual Meeting (retiring Chairman presiding). A former Chairman or Vice-Chairman shall be eligible for re-election after a period of one year following disqualification on grounds of rotation. The Chairman and Vice-Chairman shall hold their respective office for no more than three years in succession.
7.3 To receive the Chairman's Declaration of Acceptance of Office.
7.4 To elect a Vice-Chairman of the Council who shall hold office until the next Annual Meeting.
7.5 To receive the Vice-Chairman's Declaration of Office.
7.6 To appoint Representatives to Outside Bodies, with the exception of appointments to school governing bodies which are made for a term of four years and considered as and when requested by the Local Education Authority.
At this and ordinary Council meetings the remaining order of business shall be:
7.7 To accept apologies. Members submitting apologies at short notice, i.e. on the date of meeting shall notify the Chairman of the Council, if unable to speak to the Clerk.
7.8 To confirm the minutes previously circulated, which shall be signed by the Chairman as a correct record, subject to any agreed amendments.
7.9 To dispose of matters arising from the last Meeting.
7.10 To receive reports and minutes of Committees.
7.11 To receive such communications as the presiding Chairman may wish to place before the Council.
7.12 To receive the report of the City Council representative.
7.13 To receive the report of the County Council representative.
7.14 To authorise the signing of orders and/or cheques for payment.
At the ANNUAL PARISH MEETING the order of business shall be:
7.15 To receive a report from the Chairman of the Council.
7.16 To receive reports from the City Councillors for the Parish relating to activities of Winchester City matters affecting the Parish.
7.17 To receive a report from the County Councillor for the Parish relating to the activities of Hampshire County Council on matters affecting the Parish.
7.18 To consider any matters raised by the electors of the Parish of Kings Worthy affecting the Parish by prior notice.
7.19 Guest speakers at the Annual Parish Meeting will normally speak at the end of the meeting. At all other Council or Committee Meetings, guest speakers will normally speak after the receipt of apologies for absence.
7.20 A motion to vary the order of business at any meeting, on the grounds of urgency, may be proposed by any member and may be put to the vote without a seconder or any discussion
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8. RESOLUTIONS MOVED ON NOTICE
Motions dealing with the following matters may be moved with notice:
8.1 Except as provided by Standing Order 9, no motion may be moved unless the mover has given notice in writing of its terms and has delivered the notice to the Clerk no later than three clear days before the next meeting of the Council.
8.2 Notice of a motion received shall be notified in the summons to the meeting unless written confirmation of withdrawal of the motion is received.
8.3 If a motion specified in the summons is not moved it shall, unless postponed by the council, be treated as withdrawn.
8.4 If the subject matter of a motion is within the province of a Committee of the Council it shall, upon being moved and seconded, stand referred to that Committee unless the Chairman considers it to be a matter of urgency.
8.5 Every motion shall be relevant to a matter over which the Council has the power or which affect the inhabitants of the Parish.
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9. RESOLUTIONS MOVED WITHOUT NOTICE
9.1 To appoint a Chairman of the Meeting.
9.2 To correct or approve the Minutes.
9.3 To alter the order of business, proceed to the next business, adjourn or close the debate.
9.4 To appoint a Committee or any members thereof.
9.5 To refer a matter to a Committee.
9.6 To adopt a report.
9.7 To amend a motion.
9.8 To suspend Standing Order, in compliance with Standing Order 4.3.
9.9 To exclude the public or the press.
9.10 To silence or eject from the Meeting a member named for misconduct.
9.11 To invite a member of the Council having an interest in the subject matter under debate to remain.
9.12 To agree the adoption of reports and recommendations of Committees or the Proper Officer of the Council and any consequent resolutions.
9.13 To set a time limit for speeches.
9.14 To give the consent of the Council where such consent is required by these Standing Orders.
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10. AMENDMENTS TO RESOLUTIONS
10.1 Amendments must be moved after the minutes are proposed and before a seconder is requested.
10.2 Amendments shall be relevant to the motion and shall not have the effect of negating the motion before the Council.
10.3 Only one amendment may be moved and discussed at a time.
10.4 If an amendment is lost, other amendments may be moved on the original motion. If any amendment is carried, the motion as amended shall take the place of the original motion and shall become the motion upon which any further amendment be moved.
10.5 An amendment shall be to: omit words, omit words and insert others or to insert or add words.
10.6 A further amendment shall not be moved until the Council has disposed of every amendment previously moved.
10.7 The mover of a motion shall have a right to reply immediately before a motion is put to the vote.
10.8 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.
10.9 A member exercising a right to reply shall NOT introduce a new matter.
10.10 After the right to reply has been exercised or waived, a seconder will be asked for and a vote shall be taken without further discussion.
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11. RIGHT OF REPLY
11.1 The mover of a motion shall have a right to reply immediately before the motion 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 a new matter.
11.2 After the Right of Reply has been exercised or waived, a vote shall be taken without further discussion.
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12. RESCISSION OF PREVIOUS RESOLUTIONS
12.1 A decision (whether affirmative or negative) of the Council and its Committees shall NOT be reversed within six months save by a special motion, the written notice of which must bear the names of a least seven members of the Council.
12.2 When a special motion has been disposed of, no similar motion may be moved within a further six months.
13. DISCUSSIONS AND RESOLUTIONS AFFECTING EMPLOYEES OF THE COUNCIL
13.1 If any question arises at a meeting of the Council or a Committee relating to the appointment, promotion, dismissal, salary, superannuation, conditions of service or as the conduct of any Employee of the Council, a motion to exclude the public and press shall be moved by the Chairman, seconded and put without debate.
13.2 The appointment of the Clerk to the Council shall be the responsibility of a Committee comprising of the Chairman and Vice-Chairman and at least one other member of the Council.
13.3 The appointment of other members of staff shall be the responsibility of a Committee comprising of the Clerk, The Chairman and the Vice-Chairman in consultation with the Parish Council.
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14. RESOLUTIONS ON EXPENDITURE
14.1 Any Motion which if carried would, in the opinion of the Chairman, substantially increase the expenditure upon any service which is under the management of the Council or one of its Committees, or reduce the revenue at the disposal of the Council or one of its Committees, 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.
15. EXPENDITURE
15.1 Cheques and Standing Order Mandates shall be signed by two members of the Council and countersigned by the Clerk and the counterfoils initialled accordingly.
15.2 Expenditure may be approved by a Committee without reference to the Council provided the sum involved is within its annually approved budgetary provisions.
15.3 A schedule of all payments made by cheque and Standing Orders shall be presented to the Finance Committee for approval.
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16. SEALING OF DOCUMENTS
16.1 A document shall be sealed, on behalf of the Council, by the Proper Officer in the presence of any two members of the Council, who shall sign the document as a witness, provided that the sealing has been authorised by a Resolution of the Council.
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17. COMMITTEES AND SUB COMMITTEES
17.1 In addition to the appointment of Standing Committees at the Annual General Meeting, the Council may at any time appoint or dissolve such Committees as considered necessary, subject to any statutory provisions.
17.2 No member shall hold office in all Committees of the Council, excepting the Chairman and Vice-Chairman of the Council.
17.3 A Committee consisting of all members of the Council is not legally a Committee.
17.4 Committees of the Council shall have such delegated authority as laid down in the Terms of Reference of the Committee.
17.5 The election of the Chairmen of Committees shall take place at the first Meeting of the new Committee.
17.6 At the first meeting of a Committee after the Annual Meeting, the first order of business shall be to elect a Chairman and Vice-Chairman of the Committee.
17.7 Chairmen and Vice-Chairmen of Committees shall hold office until the next Annual Meeting of the Council.
17.8 Each Committee may appoint sub-committees as considered necessary, but it shall not delegate its power to a sub-committee.
17.9 The sub-committee shall report to its parent Committee.
17.10 The Quorum of a Committee or sub-committee shall be three of its members.
17.11 All Standing Orders apply equally to meetings of Committees or sub-committees.
17.12 Committees shall be empowered to invite any Council member or other person (in a non-voting consultative capacity), as the situation demands.
17.13 A Council member NOT a member of a Committee may attend the proceedings of that Committee and may speak with the permission of the Chairman but may not vote. Non-Committee members attending Committee meetings shall sit where directed by the Chairman.
17.14 A Council member's right to speak at a meeting of a Committee of which he/she is not a member is laid down in Standing Order 1.7
17.15 The Chairman of the Committee, sub-committee or working party, or the Chairman of the Council, may summon an additional meeting of that body at any time. Additional meetings 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.
17.16 Members of Committees shall vote by show hands, and if there is an equality of votes, the Chairman shall have a second or casting vote except in the case of election of officers which will be ballot.
17.17 The Standing Order on Rules of Debate and on Interests of Members in Contracts and other matters, shall apply to Committee and sub-committee meetings.
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18. TERMS OF REFERENCE
18.1 The Terms of Reference of a Committee shall be agreed by the Council from time to time.
19. INTEREST OF MEMBERS
19.1 If any member or officer of the Council has any pecuniary interest, as defined by the National Code of Local Government Conduct, he/she shall declare it and shall withdraw from the meeting unless:
19.1.1 The disability has been removed by dispensation of the District Council.
19.1.2 The Council or Committee invite the member/officer to remain.
19.1.3 The contract, proposed contract or other matter under consideration is part of the report of a Committee and not itself the subject of debate.
19.2 The Clerk shall record declarations of interest in the Minutes.
19.3 Any member who has a personal interest defined by the National Code of Local Government Conduct in any matter shall forthwith disclose that interest but may remain, speak and vote, unless the interest is clear and substantial, in which case the member shall withdraw from the room.
19.4 Involvement in the affairs of another public body or voluntary organisation etc. by a member who has been appointed as a representative of the Council shall not, in the absence of any other relevant considerations, be construed as a relevant and substantial interest. In that situation the member should disclose the interest, but may remain and participate fully in the meeting.
19.5 If a candidate for any appointment within the gift of the Council is to his/her knowledge related to any Councillor or the holder of the Office concerned, he/she and the person to whom he/she is related, shall disclose the relationship in writing to the Parish Clerk. A candidate who fails to do so, shall be disqualified for the appointment in question, and if appointed may be dismissed without notice. The Parish Clerk shall report to the Council or appropriate Committee any such disclosure.
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20. CANVASSING OF AND RECOMMENDATIONS BY MEMBERS
20.1 Canvassing of members or of any Committee, directly or indirectly, for any paid appointment under the Council shall disqualify the candidate for such appointment. This shall be made known to every candidate.
20.2 Members of the Council shall not solicit for any person or any paid appointment under the Council. However, this will not preclude a member from providing a reference for any candidate for an appointment.
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21. QUESTIONS
21.1 A member may ask the Chairman any question on any matter in relation to which the Council has powers or duties, provided that the question is submitted to the Clerk or the Chairman if the Clerk is unavailable, at least three clear working days prior to the Meeting.
21.2 Every question shall be put and answered without discussion. Supplementary questions may be asked arising from the answer given. The answers shall not be discussed.
21.3 A member, with or without notice, may ask the Chairman of a Committee any question upon the proceedings of the Committee then before the Council, if the question is put before the Council's consideration of the proceedings is finished.
21.4 A person to whom a question has been put may decline to answer or may elect to provide a written answer at a later date.
21.5 No question shall be asked by a member of the public or comment made except during that part of the meeting set aside for that purpose.
21.6 If, in the opinion of the Chairman, a question is frivolous or otherwise unsuitable, the question shall be disallowed.
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22. RULES OF DEBATE
22.1 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.
22.2 The Chairman shall indicate the order in which members may speak.
22.3 No speech shall contain offensive expressions or impute motives in reference to any member.
22.4 No speech by the mover of a Resolution shall exceed five minutes except by consent of the Chairman.
22.5 When a resolution is under debate no other resolution shall be moved except the following:
o To amend the resolution
o To proceed to the next business
o To adjourn the debate
o That the question be now put
o That a member named be not further heard
o That a member named to leave the meeting
o That the resolution be referred to a Committee
o To exclude the public
o To adjourn the meeting
22.6 A member shall not speak more than once on any motion, except to move an amendment, on a point of order, to move the closure, or in personal explanation.
22.7 A personal explanation shall be confined to a material part of a former speech, for the purpose of clarification.
22.8 A further Amendment shall not be moved until the Council has disposed of every Amendment previously moved.
22.9 The mover of a resolution or of any amendment shall have a right of reply.
22.10 Members shall address the Chairman.
22.11 A motion or amendment may be withdrawn with unanimous consent, without discussion.
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23. CLOSURE
23.1 At the end of any speech, a member may without comment move "that the question may now be put", "that the debate now be adjourned", or "that the Council now adjourn".
If such a motion is seconded, and the Chairman is of the opinion that the question before the Council has been sufficiently debated, the Chairman shall put the motion. If the motion "that the question be not put" is carried the Chairman shall call upon the mover to exercise or waive his/her right of reply and shall put the question immediately after the right has been exercised or waived.
23.2 The adjournment of a debate or of the Council shall not prejudice the mover's right of reply upon resumption.
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24. DISORDERLY CONDUCT
24.1 No member shall, at a meeting, persistently disregard the ruling of the Chairman, wilfully obstruct business, or behave irregularly, offensively, improperly or in a manner as to scandalise the Council or bring it into contempt or ridicule.
24.2 If, in the opinion of the Chairman, a member has broken the provision in paragraph 24.1 above, 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.
24.3 If either of the motion mentioned in paragraph 24.2 is disobeyed, the Chairman may suspend the meeting or take such further steps as may reasonably be necessary to enforce them.
24.4 In the event of a general disturbance which renders the dispatch of business impossible the Chairman may, without question put, adjourn the meeting for such a period or to such place as he/she in his/her discretion shall consider expedient.
24.5 If a member of the public interrupts the proceedings at any meeting, the Chairman shall warn him/her. If he/she continues the interruption the Chairman shall order his/her removal from the meeting. In the case of a general disturbance, the Chairman shall order that part of the room be cleared.
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25. ATTENDANCE AT COUNCIL MEETINGS
25.1 Any member who fails to attend a meeting of the Council or of a Committee of which he is a member, for six consecutive months shall be deemed to have resigned from the Council or Committee unless leave of absence has been granted by the Council before the expiration of the six month period referred to above.
25.2 A record of members' attendance at meetings shall be kept by the Clerk.
25.3 Members shall submit apologies to the Clerk of the council prior to the date of any meeting of the Council and its Committees.
Members submitting late apologies i.e. on the day of the meeting, and where unable to speak to the Clerk personally, shall advise the Chairman of the meeting prior to that meeting.
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26. INSPECTION OF DOCUMENTS
26.1 A member may, for the purpose of his/her duty as such, (but not otherwise) inspect any document in the possession of the Council, and if copies are available, shall be supplied with a copy for the purposes of carrying out his duty only.
26.2 All Minutes kept by the Council and by any Committee shall be open for inspection by any member of the Council, and all Minutes of the Council and its Committees, except those where the press and public have excluded by virtue of the Public Bodies Admission to Meetings Act 1960, shall be available for inspection by members of the press and public.
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27. ACCOUNTS AND FINANCIAL STATEMENTS
27.1 Except as provided in paragraph (b) below, or by Statute, all Accounts for payments and claims upon the Council shall be laid before the Council or its Finance Committee.
27.1.1 Where it has been necessary to make a payment prior to its
authorisation by the Council or its Finance Committee, such
payments shall be certified as to its correctness and urgency by
the appropriate Office and reported to members
27.1.2 All payments ratified under sub-paragraph (a) of this Standing
Order shall be separately included in the next Schedule of
Payments laid before the Council or the Finance Committee.
27.2 The Clerk shall supply to each member at the ordinary meeting after the end of the Financial Year, a Statement of Receipts of Payments, and shall produce Accounts by way of an Income and Expenditure Account, a Balance Sheet and a Statement of Supporting Particulars for presentation and approval by the Parish Council subject to Audit, prior to 30 September following the end of the previous Financial Year.
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28 UNAUTHORISED ACTIVITIES
28.1 No member of the Council, or of any Committee, or sub-committee or working party, shall in the name of or on behalf of the Council.
28.1.1 Inspect any lands or premises which the Council has a right of
duty to inspect without the permission of the owner or occupier
or
28.1.2 Issue orders unless authorised to do so by the Council or the relevant Committee or sub-committee.
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29. ESTIMATES
29.1 The Council shall approve written estimates for the coming financial year no later than its January meeting.
29.2 Any Committee, sub-committee or working party desiring to incur expenditure, shall normally formulate Recommendations to the Council for consideration at its November meeting.
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30. CONFIDENTIAL BUSINESS
30.1 No member of the Council or 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 or one of its Committees.
30.2 Any member in breach of the provisions of paragraph 30.1 of this Standing Order shall be removed from any Committee of the Council by the Council.
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31. URGENT BUSINESS
31.1 Where no meeting of the Parish Council or one of its Committees is scheduled within the necessary time scale to enable a decision concerning an urgent matter to be taken, the Parish Clerk may in consultation with the Chairman and Vice Chairman of the Council (or the Committee concerned) determine an urgent matter. All such decisions taken utilising this Standing Order shall be reported to the next meeting of the Parish Council (or the relevant Committee) for information, and the Clerk shall provide the necessary information, including reasons for urgency, to enable the Parish Council or one of its Committees to be satisfied that the delegated power has been properly used.
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32. ADMISSION OF THE PUBLIC AND PRESS TO MEETINGS
32.1 The press and public shall be admitted to all meetings of the Council and its Committees, which may, however temporarily, exclude the public by virtue of Section 1 (2) of the Public Bodies Admissions to Meeting Act 1960 on the grounds of the special/confidential nature of the business about to be transacted by the Council or one of its Committees. Once such a Motion has been moved, seconded and duly voted upon, the press and public shall be instructed to withdraw.
32.2 The Clerk shall afford the press reasonable facilities for taking their report of any proceedings at which they are entitled to be present.
32.3 If any member of the public interrupts the proceedings of any meeting, the Chairman may after due warning, order that he/she be removed from the Council Chamber.
32.4 No member shall make any declaration to the press or public on any issue subject of debate by the Council.
32.5 The Clerk, Chairman of the Council or Chairman of the relevant Committee may make such declarations as are within the boundaries of agreed Council policy.
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33. DELEGATED AUTHORITY
33.1 Authority to act on behalf of the Council may be delegated only in one of the following ways:
o To a Committee of the Council
o To the Proper Officer of the Council
o To another local authority
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34. LIAISON WITH DISTRICT AND COUNTY COUNCILLORS
34.1 District and County Councillors shall be invited to attend meetings of the Parish Council as deemed necessary.
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35. FINANCIAL AND CONTRACT STANDING ORDERS
35.1 The Parish Council's financial and contract Standing Orders shall be as set out in the document headed "Kings Worthy Parish Financial Regulations", produced in accordance with and following the enactment of the current Audit and Account Regulations, and attached to these Standing Orders.
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36. INTERPRETATION OF STANDING ORDERS
36.1 The ruling of the Chairman as to the construction or application of any of these Standing Orders, or as to any proceedings of the Council, shall not be challenged at any meeting of the Council.
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37. CODE OF CONDUCT ON COMPLAINTS
37.1 The Council shall deal with complaints of mal-administration, allegedly committed by the Council, or by any Officer or Member, in the manner recommended in the Code of Practice for Local Councils set out by the National Association of Local Councils.
38. STANDING ORDERS TO BE GIVEN TO MEMBERS
38.1 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.
38.2 Standing Orders should be reviewed from time to time.
Standing Orders revised February 2011 |
