STANDING ORDERS FOR MEETINGS

 

1.         Interpretation

 

In these Standing Orders –

 

“the 1972 Act” means the Local Government Act 1972, as amended

 

“Cabinet” is the collective term for the members of the executive

 

“Chief Executive” means the Head of the Council’s Paid Service

 

“Committee” means any Committee appointed by the Council

 

“executive” has the meaning assigned by Part II of the Local Government Act 2000

 

“Leader” means the Councillor appointed by the Council to be its principal political leader and is the “executive leader” within the meaning of the Local Government Act 2000

 

“Monitoring Officer” means the person appointed under section 5 of the Local Government and Housing Act 1989

 

“opposition group” means any political group, excluding the political group which contains the largest number of Council members

 

“Panel” means Overview and Scrutiny Panel (except where the term “Appeals Panel” is used)

 

“political group” means a group of Councillors who:

 

            wish to associate together for the allocation of Committee and Panel places; and

 

inform the Chief Executive of that fact in writing

 

“portfolio” means an activity which is the responsibility of a single cabinet member

 

“portfolio holder” means the Councillor responsible for a specific portfolio

 

“Sub-Committee“ means any group, whether or not called a Sub-Committee, which is appointed by the Leader,Cabinet, a Committee or Panel for specified purposes.  (*See Note for Guidance below)  

 

“working day” means Mondays to Fridays, excluding days of public holiday; and a working day ends when the Council’s offices at Appletree Court, Lyndhurst close for normal business on that day

 

“writing” includes the use of electronic means as the primary form to transmit information

 

“year” means municipal year – that is the year starting with the Annual Council Meeting in May, and ending with the Annual Council meeting the following year.

 

* Note for Guidance

When Sub-Committees are appointed they are generally termed “Sub-Committee”, “Working Party”,  “Advisory Group” or “Consultative Group”, depending on their constitution and terms of reference.

The membership of Sub-Committees consists of Councillors, with voting rights and the power to make decisions.

The membership of Working Parties includes Councillors, and may also include non-Councillors.  Working Parties have an investigative role to research and make recommendations, but no power to make decisions.

The membership of Advisory or Consultative Committees is made up of Councillors and non-Councillors.  They have a continuous advisory role to a decision making body.

 

 

APPOINTING AND ELECTING MEMBERS TO PARTICULAR POSITIONS

 

2.         Rules for Election/Appointment – Chairman, Vice-Chairman, Leader, Deputy Leader

 

2.1       The Chairman of the Council shall be elected at the Annual Council Meeting.  This election shall be the first business for that meeting.    

 

2.2       The Vice-Chairman of the Council shall be appointed by election at the Annual Council Meeting.

 

2.2A     Neither the Chairman nor the Vice-Chairman of the Council shall be a member of the Cabinet.

 

2.3       Any political group may submit to the Chief Executive nominations for the Chairman and Vice-Chairman of the Council for the following year.  Nominations must be submitted at least 10 working days before the last Council meeting of the year.  The Chief Executive shall report all nominations received to the last Council meeting of the year.  That meeting shall make nominations to the next Annual Council Meeting. 

 

2.4       The Leader of the Council shall be elected at the first Annual Council Meeting following the ordinary election of Councillors. The Council may terminate the appointment at any time, as provided in the Council’s Constitution.  Subject to this, the Leader shall hold office for four years, until the day of the first Annual Council Meeting following the next ordinary election of Councillors.

 

2.5       The Leader of the Council shall not be the Chairman or Vice-Chairman of the Council. 

 

2.6       The Leader of the Council shall be the Chairman of the Cabinet.

 

2.7       The Leader of the Council shall appoint a Deputy Leader of the Council from among the Cabinet members, and notify the appointment to the Chief Executive, within 5 working days of the Annual Council Meeting.  The Leader may remove the Deputy Leader from office at any time.  Subject to this, unless they resign as Deputy Leader or cease to be a member of the Council, the Deputy Leader shall hold office until the end of the Leader’s term of office.

 

2.8       The Deputy Leader of the Council shall be the Vice-Chairman of the Cabinet.

 

 

 

 

3.         Constitution of Cabinet

 

3.1       Within 5 working days of their election, the Leader shall:

 

(a)        decide the number of Cabinet members;

 

(b)        decide the number, and content, of Cabinet portfolios; and

 

(c)        appoint Cabinet members to those portfolios.

 

The number of Cabinet members must comply with the limits laid down in legislation.

 

3.2       The Leader may at any time:

 

(a)        amend the number of members who form the Cabinet (within limits set down by legislation);

 

(b)        amend the number, and content, of Cabinet portfolios;

 

(c)        terminate the appointment of any Cabinet member;

 

(d)        appoint a new member or members to the Cabinet;

 

(e)        transfer Cabinet members between portfolios; or

 

(f)        terminate the appointment of the Deputy Leader and appoint a new Deputy Leader.

 

3.3       Where any changes are made under 3.2above, the Leader shall notify them to the Chief Executive immediately.

 

 

3A.      Constitution of Committees and Panels

 

3A.1     At its first Annual Council Meeting after the ordinary election of Councillors, the Council shall appoint Standing Committees and Panels with the following membership, and provide for their constitution:

 

            Committee or Panel                                                  Number of Members

 

            Appeals Committee                                                                13

 

          General Purposes and Licensing Committee                        13

 

Planning Committee                                                               13

 

Audit Committee                                                                     9

 

HR Committee                                                                        9

 

Resources and Transformation Overview & Scrutiny Panel  9

 

Housing and Communities Overview & Scrutiny Panel         9

 

Place and Sustainability Overview & Scrutiny Panel             9

 

            The Council may also appoint such other Committees as are necessary to undertake its non-executive functions.

 

3A.2     The Council may at any time:

           

a)         terminate any Committee or Panel; or

 

b)         establish any further Committee or Panel it deems appropriate; or

 

c)         amend the terms of reference of any Committee or Panel,

           

subject to ensuring that all the Council's services and functions (apart from any non-executive functions specifically excluded under the Panels' general terms of reference) can be scrutinised by at least one Panel.

 

 

3B.      Leader Unable to Act

 

3B.1     Subject to 3B.2, if the Leader is for any reason unable to act, or the office of Leader is vacant, the Deputy Leader must act in their place.

 

3B.2     If, in the circumstances in 3B.1, the Deputy Leader is for any reason unable to act, or the office of Deputy Leader is vacant, the Cabinet must act in the Leader’s place or must arrange for a Cabinet member to do so.

 

 

4.         Appointment of Group Leaders, Committees and Panels

 

4.1       Subject to 4.2, each political group shall inform the Chief Executive in writing of:

 

a.         its name; and

 

b.         the name of its Leader

 

within 5 working days after the day of the ordinary election of Councillors.

 

4.2       Where a political group is formed later than 5 days after the day of the ordinary election of Councillors, the group shall inform the Chief Executive in writing of

 

a.         its name; and

 

b.         the name of its Leader

 

as soon as practicable.

 

4.3       The group leader shall nominate to the Chief Executive members to serve on Committees and Panels.

 

4.4       Subject to 4.5 below, a political group may at any time terminate the appointment of its Leader and appoint a new Leader.  It shall inform the Chief Executive immediately of the name of its new Leader.

 

4.5       If a group leader whose appointment is terminated under Standing Order 4.4 is also the Leader of the Council, the termination of their appointment as group leader shall not affect their appointment as Leader of the Council.   Their appointment as Leader of the Council may only be terminated under the Procedure for Removing the Leader of the Council laid down in the Constitution.

 

4.6       A member appointed to a Committee or Panel shall normally hold office for the whole of their term of office as a Councillor.  However, the Council may alter appointments at any time on the relevant Group Leader’s recommendation.

 

4.7       In making appointments the Council shall ensure that as far as practicable the political composition of each Committee or Panel reflects the political composition of the Council.  The following rules apply:

 

Rule 1.  A political group which has a majority on the Council shall have a majority on each Committee and Panel.

 

Rule 2.  If there is more than one political group, at least two groups shall have seats on each Committee and Panel.

 

Rule 3.  Subject to Rules 1 and 2, the total number of seats for each political group on all Committees and Panels shall be, as nearly as possible, in proportion to the number of Council members in that group.

 

Rule 4.  Subject to Rules 1, 2 and 3, the number of seats for each political group on each Committee and Panel shall be as nearly as possible in proportion to the number of Council members in that group.

 

4.8       Councillors who are not members of a political group shall be allocated Committee and Panel places as nearly as possible in proportion to the number of those members on the Council.

 

4.9       In allocating Committee and Panel places, regard shall be had to the desirability of achieving geographical representation on each Committee and Panel wherever appropriate.  Competence should be the over-riding consideration.

 

4.10     The Leader and Cabinet members shall not be appointed to:

 

any Panel;

 

any Panel Sub-Committees; or

 

any Committee exercising non-executive functions.

 

4.11     The Leader and Cabinet members may be appointed to any of the Committees referred to in 3A.  (Subject to the restrictions on Cabinet members undertaking non-executive functions at Standing Order 4.10).

 

4.12     Any alteration in Committee or Panel membership shall be made directly by the Council, on nominations submitted in accordance with this Standing Order.

 

4.13     Non-Councillors with particular skills or experience may be:

 

a)         appointed to a Panel or Panels by the Council; or

 

b)         co-opted onto a Panel by the appropriate Panel.

 

Such members, whether appointed by the Council or co-opted by the Panel, shall not be entitled to vote at Panel meetings.

 

 

5.         Appointment of Sub-Committees

 

5.1       The Leader, the Cabinet, and every Committee and Panel the Council appoints, may appoint Sub-Committees.  The Cabinet, Committee or Panel shall specify the purpose of each Sub-Committee, and the extent of its delegated powers.

 

5.2       A member appointed to a Sub-Committee shall normally hold office for the whole of their term of office as a Councillor.  However, the appointing body may alter appointments at any time.

 

5.3       When appointing a Sub-Committee, the Leader,Cabinet, Committee or Panel may also appoint a named substitute member for each political group represented on the Sub-Committee.  Substitute members for Leader or Cabinet appointed Sub-Committees may only be appointed from among Cabinet members.  Substitute members for Licensing Sub-Committees are permitted only from within the membership of the General Purposes and Licensing Committee.

 

5.4       The substitute member may speak and vote at a Sub-Committee meeting if any Sub-Committee member from the same political group is absent.

 

5.5       The Leader may appoint Sub-Committees of the Cabinet, which are committees of the executive within the meaning of section 14 (2)(b)(iii) of the Local Government Act 2000.  Where the Leader appoints a Sub-Committee, they shall specify the purpose of the Sub-Committee and the extent of its delegated powers. The Leader may amend appointments to Cabinet Sub-Committees at any time by notifying the Chief Executive in writing.

 

 

6.         Appointments to Outside Bodies

 

6.1       A member appointed to serve as the Council’s representative on an outside body under the terms of the Council’s Constitution shall be appointed for the whole of their term of office as a Councillor, unless the appointing body, or the outside body, approves the appointment for a different period.

 

6.2       An appointment to an outside body, or any alteration in an appointment, shall as far as reasonably practicable follow the principles of Standing Order 4.6 to 4.8.

 

 

 

7.         Election of Chairmen of Committees, Panels and Sub-Committees

 

            Committees and Panels

 

7.1       Subject to 7.4A, the Chairman and Vice-Chairman of each Committee and Panel shall be elected annually by the Council at the Annual Council Meeting.

 

7.2       The Chairman or Vice-Chairman of the Council shall take the Chair for the first meeting of each Committee or Panel referred to in 7.1, until the Chairman of the Committee or Panel has been elected and takes the Chair.  While in the Chair the Chairman or Vice-Chairman of the Council shall not vote, nor exercise a casting vote, in the election of the Committee or Panel Chairman, unless they are a member of the Committee or Panel.

7.3       If equality of voting means that a Chairman for the year is not elected, a Chairman may be elected for the meeting.

7.4       If a Committee or Panel has not elected a Chairman for the year before the end of its first programmed meeting after the meeting referred to in 7.1, the Chairman of the Committee or Panel shall be elected at the next ordinary Council meeting.

 

7.4A     Where a Committee includes voting members who are not elected Councillors, the Chairman shall be elected, and the Vice-Chairman appointed, at the first programmed meeting of the Committee.

 

7.5       The Cabinet member responsible for planning policy issues shall not be the Chairman or Vice-Chairman of the Planning Committee.

 

7.6       The Chairman or Vice-Chairman of the Appeals Committee shall not be the Chairman or Vice-Chairman of the General Purposes and Licensing Committee.

 

            Sub-Committees

 

7.8       Every Sub-Committee appointed under Standing Order 5.1 or 5.5 shall elect a Chairman at its first meeting each year, as the first item of business.

 

7.9       If equality of voting means that a Chairman for the year is not elected, a Chairman may be elected for the meeting.

 

7.10     If a Sub-Committee has not elected a Chairman for the year before the end of its first meeting in any year, the Chairman of the Sub-Committee shall be elected at the next ordinary meeting of the Cabinet, Committee or Panel that appointed it.  In the case of a Sub-Committee appointed by the Leader, the Chairman shall in these circumstances be appointed by the Leader.

 

7.11     A Sub-Committee may at any time appoint a Vice-Chairman.

 

 


FIXING AND CONVENING MEETINGS, AND ISSUING DOCUMENTS BEFORE MEETINGS

 

8.         Council Meetings - Dates

 

8.1       The Annual Council Meeting shall be held in May.  The Council shall approve the date.  The meeting shall be held at the Council’s offices at Appletree Court Lyndhurst and shall start at 6.30 pm.  The Council may decide on a different location or start time.

 

8.2       The Council shall decide the date, time and place for ordinary Council meetings.

 

 

9.         Extraordinary Council meetings - Calling

 

9.1       The Chairman of the Council may call an extraordinary meeting at any time.

 

9.2       Any five Council members may present a requisition to the Chairman to call an extraordinary Council meeting.  If the Chairman either:

 

(a)        refuses to call an extraordinary Council meeting after a requisition for that purpose signed by five Council members has been presented to them; or

           

(b)        does not call an extraordinary meeting within 7 days after the requisition has been presented to them

 

then on the Chairman’s refusal, or on the expiration of the seven days, any five Council members may call an extraordinary meeting immediatelySee also Standing Order 14.4.

 

           

10.       Cabinet, Committee and Panel Meetings – Dates

10.1     The Cabinet, each Committee and Panel shall fix dates and times for its meetings at least one year ahead.

 

10.2     The Chairman of the Cabinet, Committee or Panel may for good reason alter the fixed date or time.  As much notice as possible of any alteration shall be given to members of the Cabinet, Committee or Panel.

 

10.3     The Council may decide that some Cabinet, Committee or Panel meetings shall be held in the evenings.

 

 

11.       Special Cabinet Meetings - Calling

 

11.1     The Chief Executive shall call a special Cabinet meeting:

 

            at any time at the request of:

 

                        the Leader of the Council; or

 

                        when an emergency or special circumstances arise.

 

 


12.       Special Committee and Panel meetings - Calling

 

12.1     The Chief Executive shall call a special Committee or Panel meeting:

 

            at any time at the request of:

 

                        the Chairman of the Council; or

 

                        the Chairman of the Committee or Panel; or

           

any six members of the Committee or Panel; or

 

                when an emergency or special circumstances arise. 

 

12.2     A special Panel meeting shall not be called by the Chairman of the Council, or the Chairman of the Panel, for the purpose of calling in an executive decision.  (See Standing Order 13).

 

 

13.       Special Panel Meetings – Calling

 

13.1     The Chief Executive shall call a special meeting of a Panel for the purpose stated in 13.2 at any time at the request of any two non-executive members of the Council. 

 

13.2     A meeting under 13.1 shall be called to enable the Panel to review an executive decision in accordance with the call-in procedures in the Council’s Constitution. An executive decision includes any executive decision made under delegated powers (apart from decisions by officers that are not key decisions).

 

 

14.       Convening Council Meetings

 

14.1     The Chief Executive shall sign the summons to attend a Council meeting.  The summons shall be sent to each member by electronic means.  The summons shall state the business to be transacted at the meeting.

 

14.2     A meeting shall not be invalid if a summons is not sent to every member.

 

14.3     The Chief Executive shall publish notice of the time and place of the meeting on the Council’s website.

 

14.4     Where a Council meeting has been called by Councillors under Standing Order 9.2, the notice of meeting shall:

 

(a)  be signed by those members, and

 

(b)  state the business it is proposed to transact at the meeting.

 

 


15.       Convening Cabinet, Committee and Panel Meetings

15.1     The Chief Executive shall issue all notices for Cabinet, Committee, Panel and Sub-Committee meetings.

 

15.2     Notices of meeting shall state the business to be transacted at the meeting.  No matter shall be included on the notice of meeting without the prior agreement of the Chief Executive or their representative.  The Chief Executive or their representative shall first be given a written report on the matter, or full details of any intended verbal report.

 

 

16.       Circulation of Notices of Meeting and Reports for Meetings

 

16.1.    The Chief Executive shall circulate all Notices of Meeting and officers’ and other reports for Cabinet, Committee, Panel, and Sub-Committee meetings to members of the Cabinet, that Committee, Panel or Sub-Committee.  At the same time, they shall circulate all Notices of Meeting, without officers’ and other reports, to all members of the Council.  This shall not apply if the member has indicated they do not wish to receive such Notices.

 

16.2     The Chief Executive shall circulate all officers’ and other reports for Committee, Panel, and Sub-Committee meetings to all members of the Cabinet.

 

16.3     The Chief Executive shall circulate all officers’ and other reports for Sub-Committee meetings to each member of the Committee or Panel that formed the Sub-Committee.

 

16.4     Other than as provided in 16.2 and 16.3, officers’ and other reports for Cabinet, Committee, Panel and Sub-Committee meetings shall only be circulated to a member who is not a member of the Cabinet, a Committee, Panel or Sub-Committee on their request. 

 

 

17.       Reports and Recommendations from Cabinet, Committee and Panel Meetings

 

17.1     Any reports containing recommendations from Cabinet, Committee and Panel meetings where the Council is the decision maker, shall be sent to each Council member with the Council summons and agenda.  In case of urgency they may be issued between the summons dispatch and the Council meeting.

 

17.2     When a report refers to a plan or document not issued to all members, any member may inspect the plan or document between the summons dispatch and the Council meeting.

 

 

18.       Cabinet, Committee and Panel Minutes

 

18.1     Copies of all Cabinet, Committee and Panel minutes shall be sent to each Council member not later than 5 working days before the next ordinary Council meeting.  Any minutes not available at that time shall be sent to each member as soon as practicable afterwards.

 

18.2     Copies of all Cabinet, Committee, Panel and Sub-Committee minutes shall be sent to each member of the Cabinet, Committee, Panel and Sub-Committee, as appropriate, not less that 5 working days before the next ordinary meeting of the Cabinet, Committee, Panel or Sub-Committee.  Any minutes not available at that time shall be sent to each member as soon as practicable afterwards.

 

18.3     Minutes of Council, Cabinet, Committee, Panel and Sub-Committee minutes shall be referred for approval to the next suitable meeting of the Council, Cabinet, Committee, Panel or Sub-Committee, as appropriate.  For these purposes the next suitable meeting excludes any extraordinary or special meeting.

 

18.4     When a minute refers to a plan or document not issued to all members, any member may inspect the plan or document.

 

 

19.       Officers’ Reports – Confidential Information

 

19.1     Any relevant confidential information known about an item to be considered at a meeting shall be included in a report marked “Not for Publication” and circulated to members with the agenda for the meeting.  The content of such reports shall not be discussed outside the meeting, or disclosed to applicants, objectors or the press.

 

 

RAISING BUSINESS FOR MEETINGS IN ADVANCE

 

 

20.       Special business for Cabinet, Committee, Sub-Committee and Panel meetings:

 

20.1     A member of the Cabinet, a Committee or Panel who wishes to raise any special business in the Cabinet, Committee or Panel shall give the Chief Executive notice of their wish at least 8 working days before the meeting.  If this requirement is complied with, the Chief Executive shall place the subject matter on the agenda.

 

 

21.       Notices of motion for Council meetings

 

21.1     Some motions may be moved at Council meetings without notice (see Standing Order 44).  Notice of every motion which does not fall within Standing Order 44 shall be:

 

            given in writing; and

 

signed by the member or members giving the notice; and

 

received by the Chief Executive’s office, at least seven clear working days before the next Council meeting.

 

            The Chief Executive shall:

 

            date it; and

 

            number it in the order in which it is received; and

 

            enter it into an electronic file which any Council member may inspect.

 

21.2     Every motion shall be relevant to some matter in which the Council has powers or duties, or which affects the District.

21.3     Subject to 21.4, the Chief Executive shall set out in the summons for the Council meeting all motions of which notice has been given as in 21.1 above, in the order in which they were received, UNLESS the member who gave it:

 

stated in writing at any time before the summons is issued that they propose to move it at a later meeting; or

 

has since withdrawn it in writing.

           

21.4     A notice of motion shall not be included in the business to be conducted at an extraordinary or special Council meeting unless, in the Chief Executive’s opinion, it is relevant to a subject specified or to be specified on the summons for that meeting.  If in their opinion it is not so relevant, the Chief Executive shall set it out in the summons for the next ordinary Council meeting.        

 

Note:   See Standing Order 41 for dealing with notices of motion at Council, and Standing Order 28.6 for the mover of a motion’s right to attend a meeting if the motion is referred on.

 

 

22.       Questions for Council meetings

 

22.1     A Council member may ask the Leader, any Cabinet Member or the Chairman of any Committee or Panel:

 

In the case of the Leader, any question on any matter on which the Council has powers or duties, or which affects the District;

 

in the case of a Chairman of a Committee or Panel, any question on any function of that committee or panel; and

 

in the case of any Cabinet Member, any question on any function of the Council that is the responsibility of the Executive, by giving the Chief Executive notice in writing by 12.00 noon, two clear working days prior to the Council meeting.  The question should identify the Member or Portfolio Holder to whom it is addressed.

 

            Note:   Members may ask questions on items that are the subject of recommendations to the Council without giving notice (see Standing Order 41).

 

22.2     Questions under Standing Order 22 shall not be put to the Annual Council Meeting.

 

22.3     A question under Standing Order 22 shall not be put to an extraordinary or special Council meeting unless, in the Chief Executive’s opinion, it is relevant to a subject specified or to be specified on the summons for that meeting.

 

Note:   See Standing Order 41 for the procedure for asking questions at meetings.

 

 

 

 

 

 

 

DISPUTES BETWEEN CABINET AND COUNCIL

 

 

23.       Resolving Disputes between the Council and Cabinet

 

23.1     The mechanism for resolving disputes between the Council and Cabinet shall be as stated in Section 4 of the Council’s Constitution. That Chapter shall comply with the requirements of The Local Authorities (Standing Orders) (England) Regulations 2001.

 

 

24.       Panels – Call-In Procedures

 

24.1     The circumstances in which a Panel may call in a decision made by the Leader, Cabinet, or a Portfolio Holder, including a decision made on their behalf under delegated powers, shall be as stated in the Council’s Constitution.

 

 

ATTENDANCE AT MEETINGS

 

 

25.       Attendance Record

 

25.1     Every Council member attending a Council, Cabinet, Committee, Sub-Committee or Panel meeting shall sign their name if a register is provided.  The names of all members attending shall be recorded in the minutes of the meeting.

 

 

26.       Non-members Attending Cabinet, Committees, Sub-Committees and Panels

 

26.1     Subject to 26.2 and/or any statutory provision, the Chairman, Vice-Chairman, Leader and Deputy Leader of the Council, and the leaders of the opposition groups, may attend and speak (but not vote unless they are a member) at any meeting of a Committee, Sub-Committee or Panel.

 

26.2     A member of the Cabinet may not speak at a meeting of any Panel except at the invitation of the Chairman of the Panel.  

 

26.3     The Leader of the Council may for any purpose invite any member or any other person to attend and speak (but not vote) at a Cabinet meeting.

 

26.4     A Panel may require a member of the Cabinet to attend a meeting of the Panel in accordance with the Council’s Constitution.

 

26.5     A member of the Cabinet shall be entitled to attend a Panel meeting called for the purpose of Standing Order 24.

 

26.6     The Chairman of the Cabinet, a Committee or a Panel which has appointed a Sub-Committee may attend and speak (but not vote unless they are a member) at any meeting of the Sub-Committee.

 

26.7     A Council member who has moved a motion which has been referred to the Cabinet, any Committee, Sub-Committee or Panel,shall:

 

be given notice of the meeting at which it is proposed to consider the motion; and

 

have the right to attend the meeting; and, if they attend

 

be given an opportunity to explain the motion.

 

26.8     A Council member who is not a member of a particular Committee, Sub-Committee or Panel, may attend a meeting of that Committee, Sub-Committee or Panel.  If the Chairman permits they may speak (but not vote) on any item of business discussed at that meeting.

 

26.9     The Chairman of a Committee, Sub-Committee or Panel may invite any member of the Council, who is not a member of the Committee, Sub-Committee or Panel, to speak on any item of business discussed at a meeting of the Committee, Sub-Committee or Panel.  The Chairman may limit the speech to five minutes.

 

 

27.       Cabinet member(s) absent from Cabinet meeting

 

27.1     Where a Cabinet member is absent from a Cabinet meeting:

 

a)         decisions may be taken in their absence providing there is a quorum.  The Leader (or Chairman of the meeting if the Leader is absent) shall be responsible for ensuring that any action that would fall to an absent member is taken; and

 

b)         the Leader (or Chairman of the meeting if the Leader is absent) may invite any person, who need not be a Councillor, to attend a Cabinet meeting to speak on behalf of an absent Cabinet member.  A person so invited may not vote.

 

 

28.       Substitute members at Sub-Committees

 

28.1     See Standing Orders 5.3 and 5.4.  It shall be the responsibility of the member who is unable to attend a meeting to inform any substitute member of the need to attend. 

 

28.2     When a member attends a meeting as a substitute, they shall tell the Chief Executive or their representative that they are attending as a substitute immediately before the start of the meeting, (or on the member’s arrival, if later).

 

28.3     A substitute member attending a meeting shall take no part in the proceedings if the appointed member also attends, unless invited by the Chairman to speak (but not vote).

 

 

29.       Quorum

 

29.1     Subject to 29.2, a Council meeting shall not transact business unless at least one quarter of the whole number of members is present, except in the circumstances described in paragraph 45 of Schedule 12 to the 1972 Act (more than one-third of members disqualified at the same time).

 

29.2     A motion to remove the Leader of the Council under Section 4 of the Constitution (Procedure for Removing and Replacing the Leader of the Council) shall not be considered unless at least three quarters of the whole number of members is present.

 

29.3     Except where:

 

(a)  statute authorises, or

 

(b)  the Council orders; or

 

(c)  in the case of a Sub-Committee, the person or body that which appointed it orders:

 

a Cabinet, Committee, Panel or Sub-Committee meeting shall not transact business unless there is a quorum.

 

29.4     For the purpose of 29.3, a quorum of the Cabinet, a Committee or Panel (other than an Appeals Panel) is:

 

one quarter of the total number of the Cabinet, Committee or Panel; or

 

at least three members of the Cabinet, Committee or Panel, whichever is greater.

 

29.5     A quorum of an Appeals Panel is three members, drawn from the Appeals Committee.

 

29.6     A quorum of a Licensing Sub-Committee is three members, drawn from the General Purposes and Licensing Committee.

 

29.7     For the purpose of 29.3, a quorum of other Sub-Committees is:

 

one quarter of the whole number of the Sub-Committee; or

 

at least three members of the Sub-Committee, whichever is greater.

 

29.7     If, during any meeting, the presiding Chairman declares that a quorum is not present:

 

            the Chairman shall adjourn the meeting; and

 

the names of the members present, and absent, shall be recorded in the minutes.

 

29.8     Any business not transacted when a meeting is adjourned shall be considered at another meeting of the same body, held at a time and place the Chairman fixes when the meeting is adjourned.  If the Chairman does not fix a time, the business shall be considered at the next ordinary meeting of the Council, Cabinet, that Committee, Sub-Committee or Panel as appropriate.

 

 

 

 

 

 

 

PROCEDURE AT MEETINGS

 

 

30.       Meetings to be in Public

 

30.1     All meetings of the Council, the Cabinet (including any Committees or Sub-Committees of the Cabinet and Sub-Committees appointed by the Leader), Panels and Committees shall be held in public, except when confidential or exempt information within the meaning of the Local Government Act 1972 sections 100A to 100K, or the Local Authorities (Executive Arrangements) (Meetings and Access to Information) Regulations, is being considered.

 

30.2     A meeting may only consider confidential or exempt information where the provisions of regulation 5 of the Local Authorities (Executive Arrangements) (Meetings and Access to Information) Regulations have first been complied with.

 

 

31.       Chairman to Preside

 

31.1     The Chairman of the Council, Cabinet, a Committee, Panel or Sub-Committee shall, if present, preside at any meeting of the Council, Cabinet, the Committee, Panel or Sub-Committee.  If the Chairman is absent, the Vice-Chairman, if present and if one has been appointed, shall preside.

 

31.2     If the Chairman, (and Vice-Chairman if appointed), are not present, another member of the Council, Cabinet, Committee, Panel or Sub-Committee shall be elected as Chairman for the meeting.  This shall be the first item of business for the meeting.

 

31.3     If a member has been elected as in 31.2, and the Chairman (or Vice-Chairman) later attends the meeting, the Chairman (or Vice-Chairman) shall take the Chair on arrival.

 

 

32.       Time Limit on Meetings

 

32.1     All meetings shall end by 10.00 pm or, on a majority vote of those Members present, 10.30 pm.

 

32.2     Any business not transacted when a meeting is adjourned shall be considered at another meeting of the same body, held at a time and place the Chairman fixes when the meeting is adjourned.  If the Chairman does not fix a time, the business shall be considered at the next ordinary meeting of the Council, or of that Committee, Sub-Committee or Panel as appropriate.

 

 

33.       Public Participation at Meetings

 

33.1     The Council may approve, and amend, a scheme or schemes allowing persons who are not Council members to speak at meetings.  Those who are not Council members, and are not co-opted members of the Committee, Panel or Sub-Committee which is meeting, may speak at meetings only under the rules of the scheme in force at the time of the meeting.

                       

 

34.       Order of Business

 

Those marked * apply to Council meetings only.  The rest apply to all meetings.

 

34.1     Subject to Standing Order 35, the order of business at every meeting shall be:

 

(a)        To receive any apologies for absence.

 

(b)        To choose a person to preside if the Chairman and Vice-Chairman is absent.

 

(c)        To deal with any business statute requires to be done before any other business.

 

(d)        To allow members to declare pecuniary and non-pecuniary interests (Standing Order 36).

 

(e)        To approve as a correct record and sign the minutes of the last meeting (Standing Order 37).

 

(f)        To deal with any business statute expressly requires to be done.

 

(g)        Chairman’s announcements.

 

(h)        * Leader of the Council’s announcements (Standing Order 38)

 

            (i)         To receive petitions requiring consideration by the Council under the Council’s Petitions Scheme.

 

(j)         To dispose of any business remaining from the last meeting.

 

(k)        * To review decisions taken at a previous Council meeting where the Council has not adopted any recommendation of the Cabinet.

 

(l)         * To receive and consider recommendations of:

 

                        (i)         The Cabinet

 

                        (ii)        Committees

 

(iii)       Panels (Standing Order 40).

 

(m)      * To answer questions asked under Standing Order No. 22 (Standing Order 41).

 

(n)        * To consider motions of which notice has been received under Standing Order 21 (Standing Order 42).

 

(o)        Any other business stated in the summons.

 

(p)        Any other items which the Chairman decides are urgent (Standing Order 43).

 

 

35.       Varying order of business

 

35.1     The order of business under (a), (b) or (c) of Standing Order 34.1 shall not be varied.  Subject to this, the order of business may be varied:

 

(a)        by the Chairman at their discretion; or

 

(b)        by a resolution on a motion.  The motion need not be in writing and shall be moved, seconded, and put without discussion.

 

 

36.       Members’ Interests – Declaration at Meetings 

 

Note: This Standing Order is additional to Standing Orders for General Procedures No 2, which concerns registration of disclosable pecuniary interests and non-pecuniary interests

 

36.1     Any member who has a disclosable pecuniary interest, or a non-pecuniary interest within the meaning of Standing Orders for General Procedures (No. 2), in any matter that a meeting is considering, shall disclose the existence and nature of that interest to the meeting. The disclosure shall be at the beginning of the consideration of the matter, or when the interest becomes apparent.

 

36.2     If the interest is a disclosable pecuniary interest the member shall not speak or vote on the matter unless a dispensation has been granted enabling them to do so.

 

36.3     A member of the Cabinet who has a disclosable pecuniary interest in any matter on which they are empowered to make a decision, shall disclose that interest to the Monitoring Officer and shall not take any steps in relation to the matter other than enabling the matter to be dealt with by another member of the Cabinet.

 

36.4     A member who has a non-pecuniary interest in any matter that a meeting is considering must disclose that interest to the meeting, and may speak and vote, unless prohibited from doing so by common law principles relating to bias and predetermination (see 36.7 below).

 

36.5     A member of the Cabinet who has a non-pecuniary interest in any matter that they are empowered to decide, may make a decision on the matter subject to disclosing the interest in writing at the time of making the decision, unless prohibited from doing so by common law principles relating to bias and predetermination, in which case the member shall not take any steps in relation to the matter other than enabling the matter to be dealt with by another member of the Cabinet.

 

36.6     Where a relative, friend or close associate of a member has an interest in a matter coming before a meeting of the Council and that interest is of the same nature as a disclosable pecuniary interest set out in legislation, and the member is aware of the existence of that interest, the member shall disclose the existence and nature of that interest to the meeting. The member may only participate in the meeting to the extent permitted by the rules set out in 36.7, relating to participation in situations where the common law rules of bias and predetermination apply.

 

36.7     Where a member is prohibited from participating in a decision under the common law rules relating to bias and predetermination, the member must move to the area of the meeting room set aside for members of the public, declare their position and explain that they will not be voting. They may then make a statement and answer any questions, and may remain in the meeting for the duration of the business. As well as not voting, the member must not move or second any recommendation.

 

 

37.       Confirming Minutes of Previous Meeting

           

37.1     The Chairman shall put the question that the minutes of the meeting of the Council, Cabinet, Committee or Panel, as appropriate, held on the.........day of ........... be approved as a correct record.

 

37.2     The minutes shall not be discussed, except their accuracy.  Any question of their accuracy shall be raised by motion.  The Chairman shall sign the minutes as a correct record, and initial each separate leaf of the minutes and of all reports considered by the meeting, as soon as any such question has been disposed of.

 

37.3     The minutes of any meeting shall be signed at the time, or at the next suitable meeting of the Council, Cabinet, Committee or Panel, as appropriate.  The next suitable meeting excludes any extraordinary or special meeting. 

 

 

38.       Leader of the Council’s Announcements

 

38.1     At the Council meeting:

 

            The Leader of the Council, or in their absence the Deputy Leader, may make announcements on matters concerning New Forest District Council.   A time limit of five minutes shall apply to any such announcements.

 

            At the conclusion of the Leader of the Council’s announcements, members of the Council may ask questions of the Leader on the topics which have been the subject of their announcements.

 

 

39.       Presenting Petitions

 

39.1      Where a petition containing the required number of signatures under the Council’s Petitions Scheme is received, and subject to compliance with other requirements of the Petitions Scheme, the petition organiser or their nominee may present the petition for a maximum of five minutes.   No more than two persons may present a petition.   If both persons speak, the length of both speeches added together shall not exceed five minutes.

 

39.2     Councillors may debate the petition for a maximum of 15 minutes.

 

39.3     No more than two petitions may be presented at a meeting of the Council.

 

39.4      Where a petition affects the Council’s approved strategies, policies or budgets, the Council shall not make a final decision until the Cabinet has had the opportunity to consider and made recommendations on the issue to the Council.

 

 

40.       Receiving recommendations of Cabinet, Committees and Panels at Council

           

40.1     At the Council meeting:

 

The Leader of the Council, or a nominated Cabinet Member, shall present and move the adoption of any reports containing recommendations from Cabinet meetings where the Council is the decision maker.

 

The Chairman of a Committee or Panel, or in their absence the Vice-Chairman of a Committee or Panel shall present and move the adoption of any reports containing recommendations from Committee and Panel meetings where the Council is the decision maker.

 

These motions shall be seconded. 

 

40.2     If both the Leader and Deputy Leader of the Council are absent, another member of the Cabinet shall move such reports and their recommendations.

 

If both the Chairman and the Vice-Chairman of any Committee or Panel are absent, any other member of that Committee or Panel shall move such reports and their recommendations.

 

40.3     Once the recommendations have been moved and seconded, a member who:

 

wishes to speak or ask a question on that recommendation;  or

 

has a motion or amendment to a recommendation,

 

shall:

raise an arm, and

 

remain with arm raised, until acknowledged by the Chairman or the Vice-Chairman. 

 

            See Standing Order 48.9 concerning a member's right to speak once on each item.

 

40.4     The Chairman of the Council shall disallow any question they consider is unsuitable in form, frivolous or derogatory to the dignity of the Council.

 

40.5     A member speaking on a recommendation under this Standing Order shall comply with the provisions of Standing Order 48 concerning rules of debate.

 

40.6     When all speeches have been made and questions dealt with under an item, the Chairman of the Council shall put the recommendations to the Council.  Once put to the Council, recommendations shall be voted on without further discussion. 

 

 

41.       Questions for Council Meetings

 

This Standing Order applies to questions of which notice has been given under Standing Order 22.

 

            See Standing Order 40 for questions on recommendations of the Cabinet, a Committee or Panel.

 

41.1     A maximum period of 30 minutes in total will be allowed for questions under this Standing Order.

 

41.2     Questions will be dealt with in order of receipt (subject to 41.3 below).

 

41.3     More than one question may be submitted by a member.  Any member submitting more than one question must indicate their first and subsequent preferences.   A member’s first preference question will be dealt with in order of receipt.  Second and subsequent preferences will be dealt with after all members submitting questions have asked their only, or first preference, question.  The Chairman may use their discretion in changing the order in which questions may be asked where they consider a question to be of particular topical relevance.

 

41.4     Every question shall be put and answered without discussion.   The Member answering will have a maximum of three minutes to reply.   The member who asked the original question may ask one supplementary question arising from the answer.     A maximum of two minutes will be allowed for the supplementary question and answer.   Every supplementary question shall be put and answered without discussion.

 

41.5     Once all written questions have been disposed of, and provided the 30 minute time period has not elapsed, the Chairman may, at their discretion, permit members to ask further questions.

 

41.6     The Chairman of the Council shall disallow any question or supplementary question they consider is unsuitable in form, frivolous or derogatory to the dignity of the Council.

 

 

42.       Motions to Council of which Notice has been given

Automatic reference to Committee

 

42.1     Subject to 42.2 and 42.3, a motion of which notice has been given under Standing Order 21 shall be moved and seconded without speeches.  It shall then be referred without discussion to:

 

                        the Cabinet, Committee(s) or Panel(s) within whose terms of reference the subject matter of the motion comes, or

 

                        the Cabinet, or such Committee(s) or Panel(s) as the Council may determine

 

                        The Cabinet, Committee(s) or Panel(s) to which it is referred shall consider it and report to the next Council meeting.

 

42.2     The Chairman may allow the motion to be dealt with at the meeting at which it is brought forward if:

 

            they consider it urgent, convenient, or conducive to the despatch of business; and

 

                        the motion does not affect matters which are the Cabinet’s responsibility, unless the Cabinet are in agreement with the motion being brought forward.

 

            The rules of debate for Council meetings (Standing Order No. 48) will apply.

 

42.3     A motion which affects the Council’s approved strategies, policies or budgets shall be referred to the Cabinet for consideration and report to the next Council meeting, in addition to being referred to any Committee or Panel.

 

42.4     If a motion set out in the summons is not moved by:

 

the member who gave notice of it; or

 

some other member on their behalf,

 

it shall be:

 

treated as withdrawn, and shall not be moved without fresh notice; or        

postponed by consent of the Council.

 

43.       Matters not on the Summons or Agenda

           

43.1     Except under 43.2, business shall not be transacted at a Council, Cabinet, Committee, Panel or Sub-Committee meeting unless it is stated on a Summons or agenda which has been available to the public

 

(a)        for 5 clear working days before the date of the meeting; or

 

(b)        if the meeting has been convened or the business added to the agenda at shorter notice, from the time the meeting was convened or the business added.

 

43.2     The exception referred to in 43.1 is where, after taking advice, the Chairman of the meeting considers that due to special circumstances the item should be considered as a matter of urgency under section 100B(4) of the 1972 Act.  The special circumstances shall be stated in the minutes of the meeting.

 

43.3     The exception in 43.2 does not apply to meetings of the Cabinet, or any Cabinet Sub-Committee.

 

 

44.       Confidential Business – Exclusion of the Public and Press

 

44.1     The public and press shall be excluded from a meeting while it considers any business which would involve the likely disclosure of confidential information within the meaning of section 100A(2) of the 1972 Act.       

 

44.2     The majority of members present and voting at a meeting may resolve to exclude the public and press from the meeting while it considers any business which would involve the likely disclosure of exempt information within the meaning of section 100A(4) of the 1972 Act.

45.       Motions and Amendments which may be Moved without Notice

 

(Those marked * apply to Council meetings only.  The remainder apply to all meetings)

 

45.1     The following motions and amendments may be moved without notice:

 

1.         Election of a Chairman of the meeting

 

2.         Motions relating to the accuracy of the minutes.

 

3.         That the order of business be varied (subject to Standing Order 35.2).

 

4.         * Remission to the Cabinet, Committee or Panel

 

5.         * Appointment of a Committee or a Panel or members of a Committee or Panel, due to an item mentioned in the summons.

 

6.         * Adoption of reports and recommendations of Committees, Panels or officers.

 

7.         That leave is given to withdraw a motion.

 

8.         * Extending the time limit for speeches.

 

9.         Amendments to motions.

 

10.       That the meeting proceed to the next business.

 

11.       That the question now be put.

 

12.       That the debate now be adjourned.

 

13.       That the meeting now adjourn.

 

14.       * That the Council continue beyond 10.00 p.m.

 

15.       * Suspending Standing Orders, in accordance with Standing Order 64

 

16.       To exclude the public under section 100A(4) of the 1972 Act

 

17.       That a member named under Standing Order 57 not be further heard, or leave the meeting.

 

18.       * Giving consent of the Council where such consent is required by these Standing Orders.

 

 

46.       Motions Affecting Council Employees

 

46.1     If a question arises at any meeting open to the public about the appointment, promotion, conduct, dismissal, salary, superannuation or conditions of service of any Council employee or former employee, the Chairman shall move that the public and press be excluded under Section 100A (4) of the 1972 Act.  The motion shall be seconded and put without debate.

 

               

47.       Motions on Expenditure

           

47.1     Any motion which:

 

is not in support of a recommendation of the Cabinet, a Committee, or Panel; and

 

if carried, would

 

materially increase expenditure on any service; or

 

materially reduce the revenue under the management of the Cabinet, Committee, or Panel; or

 

involve capital expenditure,

 

shall, when proposed and seconded, be referred without discussion to the Cabinet or the next ordinary meeting of the appropriate Committee or Panel.

 

 

48.       Rules of Debate

 

Note:   This Standing Order applies to Council, Cabinet, Committee, Panel and Sub-Committee meetings, except where any provision specifically states that it applies only to a particular type of meeting.

 

 

Council in Committee mode

 

48.1     The Chairman may, at their absolute discretion, relax the requirements of this Standing Order to enable the Council to consider a matter in Committee mode.  When the Council is in Committee mode, the parts of this Standing Order which apply only to Council meetings shall not apply.  In particular, members may be permitted to speak more than once, and officers may be invited or permitted to speak.

 

Motions and amendments

48.2     A motion or amendment shall not be discussed unless it has been proposed and seconded.

 

If the Chairman requires, a motion or amendment shall be put into writing before it is discussed or put. 

 

 

Seconder's speech on Motions to Council

 

48.3     A member seconding a motion to Council under Standing Order 22 may reserve their speech until later in the debate, if they state this intention when seconding.

 

(Note:  This paragraph applies to motions under Standing Order 22 where they are being dealt with by Council.  If a motion is referred to the Cabinet or a Committee, the rules of debate for Cabinet/Committee meetings apply so a member may speak more than once)

 

Only one member to speak at a time

 

48.4     A member who wishes to speak shall raise an arm.  If two or more members raise an arm, the Chairman shall call on one to speak at a time.

 

 

Reply to Questions at Council Meetings

 

48.5     The person moving the adoption of recommendations at a Council meeting will reply to questions on a particular item after all questions on that item have been raised. 

 

 

Content and Length of Speeches

 

48.6     At Council meetings, a member shall direct their speech to the question under discussion, or to a personal explanation, or to a point of order (see 48.18).  No speech shall exceed five minutes in the case of the mover of a motion, and three minutes in all other cases, except with the meeting’s consent following a motion under Standing Order 44.8.

 

(Note:  In so far as it refers to a single speech, this paragraph applies to motions under Standing Order 22 where they are being dealt with by Council.  If a motion is referred to the Cabinet or a Committee, the rules of debate for Cabinet/Committee meetings apply so a member may speak more than once)

 

48.7     No members shall impute motives or use offensive expressions.

 

48.8     A member may include their support or otherwise but the Chairman may curtail any repetition of points already made.

 

 

When a member may speak again at Council

 

48.9     A member who has spoken on any motion or item raised at a Council meeting shall not speak again whilst it is the subject of debate, except:

 

(a)        to speak once on an amendment moved by another member,

 

(b)        if the motion has been amended since they last spoke, to move a further amendment,

 

(c)        if their first speech was on an amendment moved by another member, to speak on the main issue, whether or not the amendment on which they spoke was carried,

 

(d)        as a right of reply under Standing Order 48.15,

 

(e)        on a point of order,

 

(f)        by way of personal explanation.

 

Amendments to motions

 

48.10   An amendment shall be relevant to the motion and shall be either:

 

(a)        at a Council meeting, to refer a subject of debate to the Cabinet, or to a Committee or Panel for consideration or re-consideration,

 

(b)        to leave out words,

 

(c)        to leave out words and add others,

 

(d)        to add words,

 

but any omission or addition of words shall not negative the existing motion.

 

48.11   Only one amendment may be moved and discussed at a time.  No further amendment shall be moved until the amendment under discussion has been disposed of.  Provided that the Chairman may permit two or more amendments to be discussed (but not voted on) together if circumstances suggest that this course would facilitate the proper conduct of business.

 

48.12   If an amendment is lost, other amendments may be moved on the original motion.  If an amendment is carried, the motion as amended shall take the place of the original motion, and shall become the motion on which any further amendment may be moved. 

 

Alteration to motion of which notice was given under Standing Order 22

 

48.13   A member may:

 

(a)        alter a motion to Council of which they have given notice under Standing Order 22 or

 

(b)        with the consent of their seconder, alter a motion to Council under Standing Order 22 which they have moved

 

if (in either case) the alteration could be made as an amendment under 48.10.

 

Withdrawal of motion

 

48.14   A motion or amendment may be withdrawn by the mover if their seconder consents.  No member may speak upon it after the mover has withdrawn it. 

Rights of reply

 

48.15   The mover of a motion has a right to reply at the close of the debate on the motion, immediately before it is put to the vote.  If an amendment is moved, the mover of the original motion shall also have a right of reply at the close of the debate on the amendment.  They shall not otherwise speak on the amendment at a Council meeting.  The mover of the amendment shall have a right of reply before the mover of the original motion replies to the debate on the amendment.

 

 

Motions which may be moved during debate

 

48.16   When a motion is under debate no other motion shall be moved except the following:

 

(a)        to amend the motion,

 

(b)        to adjourn the meeting,

 

(c)        to adjourn the debate,

 

(d)        to proceed to the next business,

 

(e)        that the question be now put,

 

(f)        that a member be not further heard,

 

(g)        by the Chairman under Standing Order 58.2 that a member leave the meeting,

 

(h)        a motion under section 100A (4) of the 1972 Act.

 

 

 

Closure motions

 

48.17   A member may move without comment at the end of another member’s speech:

 

(a)        "That the meeting proceed to the next business"; or

 

(b)        "That the question now be put"; or

 

(c)        "That the debate now be adjourned"; or

 

(d)        "That the meeting now adjourn".

 

If the motion is seconded the Chairman shall proceed as follows:

 

For motions under (a) and (b), the Chairman shall first consider whether the matter has  been sufficiently discussed.  If they consider that it has the following rules shall apply:

 

 

 

 

(a)        Motion to proceed to the next business:

 

The Chairman shall give

 

(i)         the mover of any amendment; and then

 

(ii)        the mover of the original motion

 

a right of reply before putting the motion to proceed to next business to the vote.

 

(b)        Motion that the question now be put:

 

The Chairman shall first put to the vote the motion that the question now be put.  If it is passed, they shall give

 

(i)         the mover of any amendment; and then

 

(ii)        the mover of the original motion

 

a right of reply under 48.15.

 

They shall then put the amendment (if applicable) or the original motion to the vote.

 

(c)        Motion to adjourn the debate or the meeting:

 

The Chairman shall first consider:

 

(i)         whether the matter has been sufficiently discussed; and if it has not

 

(ii)        whether it can reasonably be sufficiently discussed on that occasion.

 

If it cannot, they shall put the adjournment motion to the vote without giving the mover of any amendment or the mover of the original motion a right of reply. 

Points of order

 

48.18   A member may speak on a point of order or in personal explanation, and shall be heard immediately.

 

Point of order:

 

This relates only to an alleged breach of a Standing Order or statutory provision.  The member shall state the Standing Order or statutory provision, and the way in which they consider it has been broken.  It does not include providing information.  

 

Personal explanation:

 

This shall be confined to some material part of a former speech by the member which may have been misunderstood in the present debate.

 

48.19   The Chairman’s ruling on a point of order, or on the admissibility of a personal explanation, shall not be open to discussion. 

 

Respect for Chair

 

48.20   If the Chairman stands during a debate at a Council meeting, a member who is speaking shall cease and the Council shall be silent. 

 

 

 

VOTING

 

 

49.       Questions to be decided by simple majority

 

49.1     Unless legislation requires otherwise, all questions coming before a Council, Cabinet, Committee, Panel or Sub-Committee meeting shall be decided by a majority of members present and voting.

 

 

50.       Rescinding Previous Council Resolution

           

50.1     No member shall propose a motion:

 

to rescind any Council resolution passed within the preceding six months, or

 

which would have the same effect as a motion which was rejected within the preceding six months,

 

UNLESS

 

notice of the motion is given under Standing Order 22; and

 

the notice is signed by at least one-third of the members of the Council.

 

Where a motion under this Standing Order affects the Council’s approved policies and budgets, Standing Order 42.3 also applies.

 

When the Council has disposed of any motion under this Standing Order, no member may propose a similar motion within a further six months.

 

50.2     Standing Order 50.1 shall not apply to motions moved in pursuance of a recommendation of the Cabinet, a Committee or Panel.

 

 

51.       Voting at Council                 

           

51.1     The mode of voting at meetings of the Council shall be show of hands, subject to Standing Order 51.2 and 52.

 

51.2     At the Chairman’s discretion, the mode of voting shall be by electronic means if available to the Council.  The Chairman shall inform the Council if a vote is to be taken electronically, immediately before the vote is taken.

 

 

52.       Recorded Votes at Council (other than Votes under Standing Order 52A)

 

52.1     Before a vote is taken any member may request that it is recorded.  Members who support the request shall raise an arm.  If 11 other members are in support, the vote shall be taken as follows:

 

            At the Chairman’s discretion, the mode of a discretionary recorded vote shall be by electronic means if available to the Council.  The Chairman shall inform the Council if a recorded vote is to be taken electronically, immediately before the vote is taken.

 

Alternatively, the Chief Executive, or their representative, shall call the name of each member in turn.

 

Those members:

 

(a)        voting for the proposition shall respond "for";

 

(b)        voting against the proposition shall respond "against";

 

(c)        not voting shall respond "abstain".

 

The manner in which each member voted shall be recorded in the minutes.

 

52A.    Recorded Votes at Council – Key Budget Decisions

 

52A.1   This Standing Order applies where the Council votes on any proposition related to making a calculation (whether originally or by way of substitute) in accordance with any of sections 31A, 31B, 34 to 36A or 52ZF of the Local Government Finance Act 1992 (Council Tax requirement, Council Tax base, and other Council Tax calculations).

 

52A.2   Where a vote is taken on a matter under 52A.1, each member shall state whether they have voted for the proposition, or against the proposition, or have abstained from voting.

 

The manner in which each member voted shall be recorded in the minutes.

 

 

53.       Voting at Cabinet, Committees, Sub-Committees and Panels

 

53.1     Standing Order 52 applies to voting in the Cabinet, Committees, Sub-Committees or Panels, except that a vote shall be recorded if at least one quarter of the other members of the Cabinet, Committee, Sub-Committee or Panel who are present support the member who requests the recorded vote. 

 

 

 

 

 

54.       Voting on Appointments

           

54.1     Whenever two or more persons are nominated for any position to be filled by the Council, a ballot shall be held.  All votes shall be in writing.  At the Chairman’s discretion, the mode of voting shall be by electronic means if available to the Council.  The Chairman shall inform the Council if a vote is to be taken electronically, immediately before the vote is taken.

 

If the result of the ballot is that there is no overall majority of votes in favour of one person, the name of the person having the least number of votes shall be struck off the list.  A fresh ballot shall then be taken.  This process shall be repeated until an overall majority of votes is given in favour of one person.

 

 

55.       Equality of Votes

 

55.1     If votes are equal, the Chairman of the meeting shall have a second or casting vote. 

 

 

56.       Recording Individual Votes

           

56.1     If any member requests it immediately after the vote is taken, the minutes of the meeting shall show how they voted, or whether they abstained from voting.

 

 

57.       Declaring Whipping – Panels

 

57.1     A member of a political group who has received advice from their group or group leader on the views they should express, or the way they should vote, at a Panel meeting, shall disclose that fact as provided in the Council’s Constitution.  The disclosure shall be recorded in the minutes of the meeting.

 

 

DISORDERLY CONDUCT

 

58.       Disorderly conduct – Members

 

58.1     If the Chairman of any meeting considers that any member:

 

persistently disregards the Chairman’s ruling; or

 

behaves irregularly, improperly, or offensively; or

 

wilfully obstructs the business of the meeting,

 

the Chairman shall inform the meeting of this.

 

The Chairman, or any other member, may then move "That the member named be not further heard during the meeting".

 

If the motion is seconded, it shall be determined without discussion.

 

The Chairman cannot be named. 

 

Continuing misconduct by a named member

 

58.2     If the member named continues their misconduct after a motion under 58.1 has been carried, the Chairman shall:

 

EITHER move "That the member named do leave the meeting for its duration" (in which case the motion shall be put and determined without seconding or discussion),

 

OR adjourn the meeting for a period, or to a place, as in their discretion they shall decide. 

 

General disturbance

 

58.3     If there is a general disturbance, which the Chairman considers makes the due and orderly dispatch of business impossible, the Chairman may adjourn the meeting for a period, or to a place, as in their discretion they shall decide.  This is in addition to any other power vested in the Chairman.

 

59.       Public Disturbance

           

59.1     If a member of the public interrupts the proceedings at any meeting, the Chairman shall warn them.  If they continue the interruption, the Chairman shall order their removal from the meeting room for the duration of the meeting.  In case of general disturbance in any part of the meeting room open to the public, the Chairman shall order that part to be cleared.

 

 

AFTER THE MEETING

 

60.       Record of Cabinet Decisions

 

60.1     As soon as reasonably practicable after a Cabinet decision is made (including decisions made under delegated powers), a record of the decision shall be produced in accordance with the Council’s Constitution.

 

 

61.       Retention of Minutes, Reports, and Documents relating to Decisions

 

61.1     The minutes of all Council, Cabinet, Committee, Panel and Sub-Committee minutes shall be recorded on loose leaves consecutively numbered.

 

61.2     The following documents shall be kept in perpetuity:

 

minutes, and all officers’ and other reports considered at any Council, Cabinet, Committee, Panel or Sub-Committee meeting; and

 

all documents which contain material relating to a decision made by the Leader or by any member of the Cabinet under delegated powers.

 

 

62.       Public Inspection of Documents

 

62.1     The public shall have the right to inspect the agenda, and officers’ and other reports, for each Council, Committee, Panel and Sub-Committee meeting in advance of the meeting, as provided in sections 100B and 100E of the 1972 Act.

 

62.2     Following any meeting of the Council, Committee, Panel or Sub-Committee, the public shall have the right to inspect documents and background papers as provided in sections 100C and 100D of the 1972 Act.

 

62.3     Where a decision has been made by the Leader or by any member of the Cabinet under delegated powers, the public shall have the right to inspect documents and background papers relating to that decision, as provided in the Local Authorities (Executive Arrangements) (Meetings and Access to Information) Regulations and the Council’s Constitution.

 

 

GENERAL PROVISIONS

 

63.       New Cabinet, Committees, Sub-Committees and Panels to take up Former Business

 

63.1     The Cabinet, every Committee, Sub-Committee and Panel shall take up all matters referred to the Cabinet, Committee, Sub-Committee or Panel which was previously appointed, and which has not been fully dealt with.

 

 

64.       Financial Administration

 

64.1     The Cabinet, every Committee, Sub-Committee, Panel, Councillor and officer of the Council shall comply with the Financial Regulations made by the Council under section 151 of the 1972 Act.  

 

 

65.       Suspension of Standing Orders

 

65.1     Subject to 65.2, the Council may agree to suspend any of these Standing Orders for the purpose of any business at the Council meeting where the suspension is moved.

 

65.2     A motion to suspend Standing Orders under 65.1 shall not be moved without notice (i.e. under Standing Order 44), unless least one half of the whole number of the members of the Council are present.

 

 

66.       Standing Orders to apply to non-members

 

66.1     These Standing Order shall apply to all members of the Cabinet, Committees, Panels and Sub-Committees, whether or not they are members of the Council.       

 

 

67.       Interpretation of Standing Orders 

 

67.1     The Chairman may rule on the construction or application of any of these Standing Orders, after consulting with the officers.  Their ruling shall not be challenged at any meeting.

 

 

68.       Variation and Revocation of Standing Orders

           

68.1     Any proposal to add to vary or revoke these Standing Orders, whether on a motion or otherwise, shall be referred to the General Purposes and Licensing Committee.  The General Purposes and Licensing Committee shall make a recommendation on it to the Council.