ST DAY PARISH COUNCIL

STANDING ORDERS

Contents

1. Meetings

2. Chairman of Meeting

3. Proper Officer

4. Quorum

5. Voting

6. Order of Business

7. Resolutions moved without Notice

8. Resolutions moved on Notice

9. Questions

10. Rules of Debate

11. Disorderly Conduct

12. Right of Reply

13. Alteration of Resolution

14. Rescission of Previous Resolution

15. Voting on Appointments

16. Discussions and Resolutions affecting Employees of the Council

17. Resolutions on Expenditure

18. Expenditure

19. Sealing of Documents

20. Committees and Sub-Committees

21. Voting in Committees

22. Presence of Non-Members of Committees at Committee Meetings

23. Accounts and Financial Statement

24. Interests

25. Canvassing and Recommendations by Members

26. Inspection of Documents

27. Unauthorised Activities

28. Admission of Public and Press to Meetings

29. Confidential Business

30. Planning Applications

31. Standing Order on Contracts

32. Variation, Revocation and Suspension of Standing Orders

33. Standing Orders to be given to Members

1. Meetings

1.1. Meetings of the council shall be held in the Mills Street Community Centre, St Day at 7.00.p.m. unless the council decides otherwise at a previous meeting.
1.2. The Statutory Annual Meeting in all years, including election years, shall be held on the second Monday in May.
1.3. The three other statutory meetings shall be held on the second Monday in the months of March, September and December.
1.4. Seven additional meetings shall be held on the second Monday in the months of April, June, July, October, November, January and February.

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.

3. Proper Officer

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

4. Quorum

4.1. Three members or one third of the Council, whichever is the greater, shall constitute a quorum.
4.2. If a quorum is not present when the council meets or if during a meeting the number of councillor present falls below the quorum, the business not transacted at that meeting shall be transacted at the next meeting or on such other day as the chairman may fix.

5. Voting

5.1. Members shall vote by a show of hands, or, if at least two members so request, by signed ballot.
5.2. 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.
5.3. Subject to 5.4 and 5.5 below the Chairman may give an original vote on any matter put to the vote, and in the case of an equality of votes, may give a casting vote even though he gave no original vote.
5.4. If the person presiding at an 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.
5.5 The person presiding must give a casting vote whenever there is an equality of votes in an election for chairman.

6. Order of Business

(In an election year councillors should execute Declarations of Acceptance of Office in each others’ presence or in the presence of a proper officer previously authorised by the council to take such declaration before the annual meeting commences.)

6.1. At each annual meeting the first business shall be:
(a) to elect a chairman
(b) to receive the chairman’s declaration of acceptance of office or, if not then received, to decide when it shall be received.
(c) to elect a vice chairman
(d) to appoint statutory or standing committees
(e) to consider the payment of any subscriptions falling to be paid annually
(f) to inspect any deeds or trust documents in the custody of the council
and thereafter follow the order set out in Standing Order 6.4.
6.2. At every meeting other than the annual meeting the first business shall be to appoint a chairman if the chairman or 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.
6.3. At the second annual meeting after the ordinary elections the first business shall include consideration of the question whether the pay and conditions of service of existing employees of the council shall be reviewed (See Standing Order 16.1 below).
6.4. After the first business has been completed, the order of business, unless the council otherwise decides on the ground of urgency, shall be as follows:
(a) to read and consider the Minutes: provided that if a copy has been circulated to each member not later than the day of issue of the summons to attend the meeting, the Minutes may be taken as read
(b) to authorise the signing thereof
(c) to consider matters arising from the above Minutes
(d) to hear and consider all other correspondence received
(e) to consider planning matters
(f) to authorise the signing of orders for payment
(l) any other business specified in the summons.

6.5. A motion to vary the order of business on the ground of urgency
(a) may be proposed by the chairman or by any member and, if proposed by the chairman, may be put to the vote without being seconded, and
(b) shall be put to the vote without discussion.

7. Resolutions moved without notice

7.1. Resolutions dealing with the following matters may be moved without notice:
(a) to appoint a chairman of the meeting
(b) to correct the Minutes
(c) to approve the Minutes
(d) to alter the order of business
(e) to proceed to the next business
(f) to close or adjourn the debate
(g) to refer a matter to a committee
(h) to appoint a committee or any members thereof
(i) to adopt a report
(j) to authorise the sealing of documents
(k) to amend a motion
(l) to give leave to withdraw a motion or amendment
(m) to extend the time limit for speeches
(n) to consider otherwise than in committee a question affecting an employee of the council
(The following resolution is governed by the Standing Orders on the admission of public to meetings.)
(o) to exclude the press and public
(The next resolution is governed by the Standing Order on Disorderly Conduct)
(p) to silence or eject from the meeting a member named for misconduct
(The next resolution is governed by the Standing Order on members interested in contracts and other matters)
(q) to invite a member having an interest in the subject matter under debate to remain
(r) to give the consent of the council where such consent is required by these Standing Orders
(s) to suspend Standing Orders

8. Resolutions moved on Notice

8.1. Except as provided by these Standing Orders, no resolution may be moved unless the mover has given notice of its terms to the Clerk at least seven clear days before the next meeting of the council.
8.2. 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 a notice of motion has stated in writing that he intends to move at some later meeting or that he withdraws it.
8.3. 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.
8.4. Every resolution or recommendation shall be relevant to some question over which the council has power or which affects its area.

9. Questions

9.1. A member may ask the chairman any question concerning the business of the council.
9.2. 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 those proceedings is finished.
9.3. Every question shall be put and answered without discussion.
9.4. A person to whom a question has been put may decline to answer.

10. Rules of Debate

10.1. No discussion shall take place upon the Minutes except upon their accuracy. Corrections to Minutes shall be made by resolution and must be initialled by the chairman.
10.2. (a) A resolution or amendment shall not be discussed unless it has been proposed and seconded.
(b) A member shall direct his speech to the question under discussion or to a personal explanation or to a question of order.
(c) No speech shall exceed three minutes, except by consent of the council.
(The mover of a resolution is sometimes allowed a longer time than others.)
(d) An amendment shall be either:
(i) to leave out words
(ii) to leave out words and insert or add others
(iii) to insert or add words.
(e) An amendment shall not have the effect of negating the motion before the council.
(f) 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.
(g) A further amendment shall not be moved until the council has disposed of every amendment previously moved.
(h) The mover of a resolution or of an amendment shall have a right of reply.
(i) When a resolution is under debate no other resolution shall be moved except the following:
(i) to amend the resolution
(ii) to proceed to the next business
(iii) to adjourn the debate
(iv) that the question be now put
(v) that a member named be not further heard
(vi) that a member named do leave the meeting
(vii) that the resolution be referred to a committee
(viii) to exclude the public and press
(ix) to adjourn the meeting.
10.3. (a) The ruling of the chairman on a point of order or on the admissibility of a personal explanation shall not be discussed.
(b) Members shall address the chairman.
(c) If two or more members wish to speak, the chairman shall call upon one of them to speak.
(d) Whenever the chairman wishes to speak during a debate all other members shall be silent.

11. Disorderly Conduct

11.1. (a) No member shall misconduct himself at a meeting by persistently disregarding the ruling of the chairman, by wilfully obstructing business or by behaving irregularly, offensively, improperly or in such a manner as to scandalise the council or bring it into contempt or ridicule.
(b) If, in the opinion of the chairman, a member has so misconducted himself, the chairman shall express that opinion to the council and thereafter any member may move that the member named shall 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.
(c) If either of the motions mentioned in paragraph (b) is disobeyed, the chairman may suspend the meeting or take such further steps as may reasonably be necessary to enforce them.

12. Right of Reply

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

13. Alteration of Resolution

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

14. Rescission of Previous Resolutions

14.1. (a) A decision of the council shall not be reversed within six months save by a special resolution by written notice bearing the names of at least three members of the council.
(b) When a special resolution has been disposed of, no similar resolution may be moved within a further six months.
(c) This order shall not apply to rescinding resolutions moved in pursuance of the report or recommendation of a committee.

15. Voting on Appointments

15.1. Where more than two persons have been nominated for any position to be filled by the council and of the votes given there is not an absolute majority in favour of one person, the name of the person having the least number of votes shall be struck off the list and a fresh vote taken, and so on until a majority of votes is given in favour of one person.

16. Discussions and Resolutions affecting Employees of the Council

16.1. If at a meeting there arises any question relating to the appointment, conduct, promotion, dismissal, salary or conditions of service, of any person employed by the council, it shall not be considered until the council or committee (as the case may be) has decided whether or not the public shall be excluded (See Standing Order 28.1.)

17. Resolutions on Expenditure

17.1 Any motion [which is moved otherwise than in pursuance of a recommendation of the finance committee] which, if carried, would, in the opinion of the chairman, substantially increase the expenditure upon any service which is under the management of or reduce the revenue at the disposal of any committee, or which would involve capital expenditure, shall, when proposed and
seconded, stand adjourned without discussion to the next ordinary meeting of the council, and any committee affected by it shall consider whether it desires to report thereon. The finance committee shall report on the financial aspect of the matter.

18. Expenditure

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

19. Sealing of Documents

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

20. Committees and Sub-Committees

20.1. The council may at the annual meeting appoint standing committees and may at any time appoint such other committees as are necessary, but subject to any statutory provision in that behalf:
(a) shall not appoint any member of a committee so as to hold office after the next annual meeting, and
(b) may subject to the provisions of Order 14 above at any time dissolve or alter the membership of the committee.
20.2. The chairman and vice chairman shall be members of every committee.
20.3. Every committee shall at its first meeting before proceeding to any other business, elect a chairman and may elect a vice chairman who shall hold office until the next annual meeting of the council.
20.4. The chairman of a committee or 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.
20.5. Every committee may appoint sub-committees for purposes to be specified by the committee.
20.6. The chairman and vice chairman of the committee shall be members of every sub-committee appointed by it unless they signify that they do not wish to serve.
20.7. Except where ordered by the council in the case of a committee or by the council or by the appropriate committee in the case of a sub-committee, the quorum of a committee or sub- committee shall be one half of its members.
20.8. The Standing Orders on rules of debate and the Standing Order on interests of members in contracts and other matters shall apply to committee and sub-committee meetings insofar as they are appropriate.

21. Voting in Committees

21.1. Members of committees and sub-committees shall vote by show of hands.
21.2. Chairmen of committees and sub-committees shall have a second or casting vote.

22. Presence of Non-Members of Committees at Committee Meetings

22.1. A member who has proposed a motion which has been referred to any committee of which he is not a member, may explain his motion to the committee but shall not vote.
22.2. Any council member shall, unless the council otherwise orders, be entitled to be present as a spectator at the meetings of any committee or sub-committee of which he is not a member.

23. Accounts and Financial Statement

23.1. (a) Except as provided in paragraph (b) of this Standing Order or by Statute, all accounts for payment and claims upon the council shall be laid before the council.
(b) Where it is necessary to make a payment before it has been authorised by the council, such payment shall be certified as to its correctness and urgency by the appropriate officer.
(c) All payments authorised under sub-paragraph (b) of this Standing Order or made without authority of the council shall be separately included in the next schedule of payments laid before the council.
23.2 The clerk shall supply to each member at the ordinary meeting next after the end of the financial year a statement of receipts and payments.

24. Interests

24.1. If any member has any pecuniary interest, direct or indirect, within the meaning of sections 94-95 of the Local Government Act, 1972, in any contract, proposed contract or other matter, he shall, while it is under consideration by the council, withdraw from the meeting unless the interest is trivial in the manner described in section 97(b) or:
(a) the disability imposed upon him by those sections has been removed by Cornwall Council; or
(b) the council invites him to remain; or
(c) the contract, proposed contract or other matter is under consideration as part of the report of a committee and is not itself the subject of debate.
24.2. The clerk shall record in a book to be kept for the purpose, particulars of any notice given by any member or any officer of the council of a pecuniary interest in a contract, and the book shall be open during reasonable hours of the day for the inspection of any member.
24.3. If a candidate for any appointment under the council is to his knowledge related to any member of or the holder of any office under the council, he and the person to whom he is related shall disclose the relationship in writing to the clerk. A candidate who fails to do so shall be disqualified for such appointment, and, if appointed, may be dismissed without notice. The clerk shall report to the council or to the appropriate committee any such disclosure. Where relationship to a member is disclosed the Standing Orders on interests of members in contracts and other matters shall apply.
The Clerk shall make known the purport of this Standing Order to every candidate.

25. Canvassing of and Recommendations by Members

25.1. (a) Canvassing of members or of any committee, directly or indirectly, for any appointment under the council shall disqualify the candidate for such appointment. The clerk shall make known the purport of this sub-paragraph of this Standing Order to every candidate.
(b) A member of the council shall not solicit for any person any appointment under the council or recommend any person for such appointment or for promotion; but, nevertheless, a member may give a written testimonial of a candidate’s ability, experience or character for submission to the council with an application for appointment.
25.2. Standing Orders 24.3 and 25.1 shall apply to tenders as if the person making the tender were a candidate for an appointment.

26. Inspection of Documents

26.1. A member may for the purpose of his duty as such (but not otherwise), inspect any document in possession of the council or a committee, and if copies are available shall, on request, be supplied for the like purpose with a copy.
26.2. (a) All Minutes kept by the council and by any committee shall be open for the inspection of any member of the council.
(b) The Minutes of the council shall be open to inspection by any local government elector of the parish without charge.

27. Unauthorised Activities

27.1. No member of the council or of any committee or sub-committee shall in the name of or on behalf of the council
(a) inspect any lands or premises which the council has a right or duty to inspect; or
(b) issue orders;
unless authorised to do so by the council or the relevant committee or sub-committee.

28. Admission of Public and Press to Meetings

28.1. The public and the press shall be admitted to all meetings of the council and its committees, which may, however, temporarily exclude the public or the press or both by means of the following resolution, viz.:
“That in view of the [special][confidential] nature of the business about to be transacted, it is advisable in the public interest that the public and press be temporarily excluded and they are instructed to withdraw.”
(Notes: 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.)
28.2. The clerk shall afford to the press reasonable facilities for taking their report of any proceedings at which they are entitled to be present.
28.3. If a member of the public interrupts the proceedings at any meeting, the chairman may, after warning, order that he be removed from the council chamber or that part of the chamber open to the public be cleared. Agenda item 3 of all regular meetings of the Parish Council shall be for public participation and shall be limited to a maximum duration of 15 minutes. Contributions from the public at other times without the suspension of Standing Orders shall be permitted at the Chairman’s discretion.

29. Confidential Business

29.1. No member of the council or of any committee or sub-committee shall disclose to any person not a member of the council any business declared to be confidential by the council, the committee or the sub-committee as the case may be.

30. Planning Applications

30.1. (a) The clerk shall, as soon as it is received, record the following particulars of every planning application notified to the council:
(i) the date on which it was received
(ii) the name of the applicant
(iii) the place to which it relates
(iv) a summary of the nature of every application.
(b) The clerk shall refer every planning application to the next meeting of the council or, if that meeting is more than fourteen days ahead, refer it to the Planning sub-committee which shall have delegated powers to comment on the application.

31. Standing Order on Contracts

31.1. (a) Where it is intended to enter into a contract exceeding £1,000 the clerk shall strive to obtain tenders from at least three firms, such firms to be taken from the appropriate approved list. If no such list is maintained then an invitation to tender shall be placed in such newspapers circulating in the district as the council directs.
(b) Notice of a contract exceeding £1,000 shall state the general nature of the intended contract and state the name and address of the person to whom tenders are to be addressed and the last date by which those tenders should reach that person in the ordinary course of post.
(c) If no tenders are received or if all of the tenders are identical the council may make such arrangements for procuring the goods or materials or executing the works as it thinks fit.
(d) A notice issued under this Standing Order shall contain a statement of the effect of Standing Orders 24.3, 25.1 and 25.2.

32. Variation, Revocation and Suspension of Standing Orders

32.1. 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.
32.2. 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.

33. Standing Orders to be given to Members

33.1. 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.