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Standing Orders

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Reviewed & Adopted 05/03/2019 Gainsborough Town Council

Index

  1. Rules of debate at meetings 2
  2. Disorderly conduct at meetings 3
  3. Meetings generally 3
  4. Committees and sub-committees 6
  5. Ordinary Council meetings 6
  6. Extraordinary meetings of the Council and committees
    and sub-committees 7
  7. Previous resolutions 8
  8. Voting on appointments 8
  9. Motions for a meeting that require written notice
    to be given to the Proper Officer 8
  10. Motions at a meeting that do not require written notice 8
  11. Management of information 9
  12. Draft minutes 9
  13. Code of conduct and dispensations 10
  14. Code of conduct complaints 11
  15. Proper Officer 11
  16. Responsible Financial Officer 12
  17. Accounts and accounting statements 12
  18. Financial controls and procurement 13
  19. Handling staff matters 14
  20. Responsibilities to provide information 14
  21. Responsibilities under data protection legislation 14
  22. Relations with the press/media 14
  23. Execution and sealing of legal deeds 15
  24. Communicating with District and County or
    Unitary councillors 15
  25. Restrictions on councillor activities 15
  26. Standing orders generally 15
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  27. Rules of debate at meetings
    a Motions on the agenda shall be considered in the order that they appear unless the order is changed at the
    discretion of the chairman of the meeting.
    b A motion (including an amendment) shall not be progressed unless it has been moved and seconded.
    c A motion on the agenda that is not moved by its proposer may be treated by the chairman of the meeting as
    withdrawn.
    d If a motion (including an amendment) has been seconded, it may be withdrawn by the proposer only with the
    consent of the seconder and the meeting.
    e An amendment is a proposal to remove or add words to a motion. It shall not negate the motion.
    f If an amendment to the original motion is carried, the original motion (as amended) becomes the substantive
    motion upon which further amendment(s) may be moved.
    g A councillor may move an amendment to his own motion if agreed by the meeting. If a motion has already
    been seconded, the amendment shall be with the consent of the seconder and the meeting.
    h If there is more than one amendment to an original or substantive motion, the amendments shall be moved
    in the order directed by the chairman of the meeting.
    i Subject to standing order 1(k) below, only one amendment shall be moved and debated at a time, the order
    of which shall be directed by the chairman of the meeting.
    j One or more amendments may be discussed together if the chairman of the meeting considers this expedient
    but each amendment shall be voted upon separately.
    k A councillor may not move more than one live amendment to an original or substantive motion.
    l The mover of an amendment has no right of reply at the end of debate on it.
    m Where a series of amendments to an original motion are carried, the mover of the original motion shall have
    a right of reply either at the end of debate of the first amendment or at the very end of debate on the final
    substantive motion immediately before it is put to the vote.
    n Unless permitted by the chairman of the meeting, a councillor may speak once in the debate on a motion
    except:
    i. to speak on an amendment moved by another councillor;
    ii. to move or speak on another amendment if the motion has been amended since he last spoke;
    iii. to make a point of order;
    iv. to give a personal explanation; or
    v. in exercise of a right of reply.
    o During the debate of a motion, a councillor may interrupt only on a point of order or a personal explanation
    and the councillor who was interrupted shall stop speaking. A councillor raising a point of order shall identify
    the standing order which he considers has been breached or specify the other irregularity in the proceedings
    of the meeting he is concerned by.
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    p A point of order shall be decided by the chairman of the meeting and his decision shall be final.
    q When a motion is under debate, no other motion shall be moved except:
    i. to amend the motion;
    ii. to proceed to the next business;
    iii. to adjourn the debate;
    iv. to put the motion to a vote;
    v. to ask a person to be no longer heard or to leave the meeting;
    vi. to refer a motion to a committee or sub-committee for consideration;
    vii. to exclude the public and press;
    viii. to adjourn the meeting; or
    ix. to suspend particular standing order(s) excepting those which reflect mandatory statutory or legal
    requirements.
    s Before an original or substantive motion is put to the vote, the chairman of the meeting shall be satisfied that
    the motion has been sufficiently debated and that the mover of the motion under debate has exercised or
    waived his right of reply.
    t Excluding motions moved understanding order 1(r), the contributions or speeches by a councillor shall relate
    only to the motion under discussion and shall not exceed (3) minutes without the consent of the chairman of
    the meeting.
  28. Disorderly conduct at meetings
    a No person shall obstruct the transaction of business at a meeting or behave offensively or improperly. If this
    standing order is ignored, the chairman of the meeting shall request such person(s) to moderate or improve
    their conduct.
    b If person(s) disregard the request of the chairman of the meeting to moderate or improve their conduct, any
    councillor or the chairman of the meeting may move that the person be no longer heard or excluded from the
    meeting. The motion, if seconded, shall be put to the vote without discussion.
    c If a resolution made under standing order 2(b) above is ignored, the chairman of the meeting may take further
    reasonable steps to restore order or to progress the meeting. This may include temporarily suspending or
    closing the meeting.
  29. Meetings generally
    ►Full Council meetings
    ▲Committee meetings
    ▼Sub-committee meetings

    a Meetings shall not take place in premises which at the time of the meeting are used for
    the supply of alcohol, unless no other premises are available free of charge or at a
    reasonable cost.

    b The minimum three clear days for notice of a meeting does not include the day on which
    notice was issued, the day of the meeting, a Sunday, a day of the Christmas break, a day
    of the Easter break or of a bank holiday or a day appointed for public thanksgiving or
    mourning.
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    c The minimum three clear days’ public notice for a meeting does not include the day on
    which the notice was issued or the day of the meeting unless the meeting is convened at
    shorter notice
    ▲►
    d Meetings shall be open to the public unless their presence is prejudicial to the public
    interest by reason of the confidential nature of the business to be transacted or for other
    special reasons. The public’s exclusion from part or all of a meeting shall be by a
    resolution which shall give reasons for the public’s exclusion.
    e The Council does not accept apologies for non-attendance at meetings, but will note apologies
    received.
    f Members of the public may make representations, answer questions and give evidence at a
    meeting which they are entitled to attend in respect of the business on the agenda.
    g The period of time designated for public participation at a meeting in accordance with standing
    order 3(f) shall not exceed (15) minutes unless directed by the chairman of the meeting.
    h Subject to standing order 3(g), a member of the public shall not speak for more than (3) minutes.
    i In accordance with standing order 3(f), a question shall not require a response at the meeting
    nor start a debate on the question. The chairman of the meeting may direct that a written or oral
    response be given.
    j A person shall raise his hand when requesting to speak. The chairman of the meeting may at
    any time request a person to stand when speaking.
    k A person who speaks at a meeting shall direct his comments to the chairman of the meeting.
    l Only one person is permitted to speak at a time. If more than one person wants to speak, the
    chairman of the meeting shall direct the order of speaking.
    ▲►
    m Subject to standing order 3(n), a person who attends a meeting is permitted to report on
    the meeting whilst the meeting is open to the public. To “report” means to film,
    photograph, make an audio recording of meeting proceedings, use any other means for
    enabling persons not present to see or hear the meeting as it takes place or later or to
    report or to provide oral or written commentary about the meeting so that the report or
    commentary is available as the meeting takes place or later to persons not present.
    ▲►
    n A person present at a meeting may not provide an oral report or oral commentary about a
    meeting as it takes place without permission.
    ▲►
    o The press shall be provided with reasonable facilities for the taking of their report of all or
    part of a meeting at which they are entitled to be present.

    p Subject to standing orders which indicate otherwise, anything authorised or required to
    be done by, to or before the Chairman of the Council may in his absence be done by, to
    or before the Vice-Chairman of the Council (if there is one).


    q The Chairman, if present, shall preside at a meeting. If the Chairman is absent from a
    meeting, the Vice-Chairman, if present, shall preside. If both the Chairman and the ViceChairman are absent from a meeting, a councillor as chosen by the councillors present at
    the meeting shall preside at the meeting.
    ▼▲►
    r Subject to a meeting being quorate, all questions at a meeting shall be decided by a
    majority of the councillors or non-councillors with voting rights present and voting.
    ▼▲►
    s The chairman of a meeting may give an original vote on any matter put to the vote, and in
    the case of an equality of votes may exercise his casting vote whether or not he gave an
    original vote.
    See standing orders 5(i) and (j) for the different rules that apply in the election of the Chairman
    of the Council at the annual meeting of the Council.
    t Unless standing orders provide otherwise, voting on a question shall be by a show of
    hands. At the request of a councillor, the voting on any question shall be recorded so as
    to show whether each councillor present and voting gave his vote for or against that
    question. Such a request shall be made before moving on to the next item of business on the
    agenda.
    u The minutes of a meeting shall include an accurate record of the following:
    i. the time and place of the meeting;
    ii. the names of councillors who are present and the names of councillors who are absent;
    iii. interests that have been declared within the meeting by councillors and non-councillors
    with voting rights;
    iv. the grant of dispensations (if any) to councillors and non-councillors with voting rights;
    v. whether a councillor or non-councillor with voting rights left the meeting when matters
    that they held interests in were being considered;
    vi. if there was a public participation session; and
    vii. the resolutions made.
    ▼▲►
    v A councillor or a non-councillor with voting rights who has a disclosable pecuniary
    interest or another interest as set out in the Council’s code of conduct in a matter being
    considered at a meeting is subject to statutory limitations or restrictions under the code
    on his right to participate and vote on that matter.

    w No business may be transacted at a meeting unless at least one-third of the whole number
    of members of the Council are present and in no case shall the quorum of a meeting be
    less than three.
    See standing order 4d(viii) for the quorum of a committee or sub-committee meeting.
    ▼▲►
    x If within ten minutes of the scheduled start of a meeting there are insufficient members to provide
    a quorum business will be adjourned to a time and place fixed by the Chairman at the time the
    meeting is adjourned or, if no such time or place is fixed, it will be adjourned until the next ordinary
    meeting.
    ▼▲►
    y If a meeting is or becomes inquorate no business shall be transacted and the meeting
    shall be closed. The business on the agenda for the meeting shall be adjourned to another
    meeting.
    z A meeting shall generally not exceed a period of (2) hours, unless by resolution of members
    attending the meeting agree to extend.
  30. Committees and sub-committees
    a Unless the Council determines otherwise, a committee may appoint a sub-committee whose terms of
    reference and members shall be determined by the committee.
    b The members of a committee may include non-councillors unless it is a committee which regulates
    and controls the finances of the Council.
    c Unless the Council determines otherwise, all the members of an advisory committee and a subcommittee of the advisory committee may be non-councillors.
    d The Council may appoint standing committees or sub-committees / working groups as may be necessary,
    and:
    i. shall determine their terms of reference;
    ii. shall determine the number and time of the ordinary meetings of a standing committee up until the date
    of the next annual meeting of Council;
    iii. shall permit a committee, other than in respect of the ordinary meetings of a committee, to determine
    the number and time of its meetings;
    iv. shall, subject to standing orders 4(b) and (c), appoint and determine the terms of office of members of
    such a committee;
    v. shall, after it has appointed the members of a standing committee, appoint the chairman of the standing
    committee;
    vi. shall permit a sub committee / working group other than a standing committee, to appoint its own
    chairman at the first meeting of the sub committee / working group;
    vii. shall determine the place, notice requirements and quorum for a meeting of a committee and a subcommittee which, in both cases, shall be no less than three;
    viii. shall determine if the public may participate at a meeting of a committee;
    ix. shall determine if the public and press are permitted to attend the meetings of a sub-committee and
    also the advance public notice requirements, if any, required for the meetings of a sub-committee;
    x. shall determine if the public may participate at a meeting of a sub-committee that they are permitted to
    attend; and
    xi. may dissolve a committee or a sub-committee.
  31. Ordinary Council meetings
    a In an election year, the annual meeting of the Council shall be held on or within 14 days following the
    day on which the new councillors elected take office.
    b In a year which is not an election year, the annual meeting of the Council shall be held on such day
    in May as the Council decides.
    c If no other time is fixed, the annual meeting of the Council shall take place at 6pm.
    d In addition to the annual meeting of the Council, at least three other ordinary meetings shall be held
    in each year on such dates and times as the Council decides.
    e The first business conducted at the annual meeting of the Council shall be the election of the
    Chairman and Vice-Chairman (if there is one) of the Council.
    f The Chairman of the Council, unless he has resigned or becomes disqualified, shall continue in office
    and preside at the annual meeting until his successor is elected at the next annual meeting of the
    Council.

    g The Vice-Chairman of the Council, if there is one, unless he resigns or becomes disqualified, shall
    hold office until immediately after the election of the Chairman of the Council at the next annual
    meeting of the Council.
    h In an election year, if the current Chairman of the Council has not been re-elected as a member of the
    Council, he shall preside at the annual meeting until a successor Chairman of the Council has been
    elected. The current Chairman of the Council shall not have an original vote in respect of the election
    of the new Chairman of the Council but shall give a casting vote in the case of an equality of votes.
    i In an election year, if the current Chairman of the Council has been re-elected as a member of the
    Council, he shall preside at the annual meeting until a new Chairman of the Council has been elected.
    He may exercise an original vote in respect of the election of the new Chairman of the Council and
    shall give a casting vote in the case of an equality of votes.
    j Following the election of the Chairman of the Council and Vice-Chairman (if there is one) of the Council at
    the annual meeting, the business shall include:
    i. In an election year, delivery by the Chairman of the Council and councillors of their acceptance
    of office forms unless the Council resolves for this to be done at a later date. In a year which is
    not an election year, delivery by the Chairman of the Council of his acceptance of office form
    unless the Council resolves for this to be done at a later date;
    ii. Confirmation of the accuracy of the minutes of the last meeting of the Council;
    iii. Receipt of the minutes of the last meeting of a committee;
    iv. Consideration of the recommendations made by a committee;
    v. Review of delegation arrangements to committees, sub-committees, staff and other local authorities;
    vi. Review of the structure and functions for committees;
    vii. Appointment of members to existing committees;
    viii. Appointment of any new committees in accordance with standing order 4;
    ix. Review and adoption of appropriate standing orders, financial regulations and code of conduct;
    x. Review of representation on or work with external bodies and arrangements for reporting back;
    xi. In an election year, to make arrangements with a view to the Council becoming eligible to exercise the
    general power of competence in the future;
    xii. Review of the Council’s expenditure incurred under s.137 of the Local Government Act 1972 or the
    general power of competence
    xiii. Determining the time and place of ordinary meetings of the Council up to and including the next annual
    meeting of the Council.
  32. Extraordinary meetings of the Council and committees and sub-committees
    a The Chairman of the Council may convene an extraordinary meeting of the Council at any time.
    b If the Chairman of the Council does not call an extraordinary meeting of the Council within seven
    days of having been requested in writing to do so by two councillors, any two councillors may
    convene an extraordinary meeting of the Council. The public notice giving the time, place and agenda
    for such a meeting must be signed by the two councillors.
    c The chairman of a committee [or a sub-committee] may convene an extraordinary meeting of the committee
    [or the sub-committee] at any time.
    d If the chairman of a committee [or a sub-committee] does not call an extraordinary meeting within (7) days of
    having been requested by to do so by (3) members of the committee [or the sub-committee], any (2) members
    of the committee [and the sub-committee] may convene an extraordinary meeting of a committee [and a subcommittee].
  33. Previous resolutions
    a A resolution shall not be reversed within six months except either by a special motion, which requires written
    notice by at least (6) councillors to be given to the Proper Officer in accordance with standing order 9, or by
    a motion moved in pursuance of the recommendation of a committee or a sub-committee.
    b When a motion moved pursuant to standing order 7(a) has been disposed of, no similar motion may be moved
    within a further six months.
  34. Voting on appointments
    a Where more than two persons have been nominated for a position to be filled by the Council and none of
    those persons has received an absolute majority of votes in their favour, the name of the person having the
    least number of votes shall be struck off the list and a fresh vote taken. This process shall continue until a
    majority of votes is given in favour of one person. A tie in votes may be settled by the casting vote exercisable
    by the chairman of the meeting.
  35. Motions for a meeting that require written notice to be given to the Proper Officer
    a A motion shall relate to the responsibilities of the meeting which it is tabled for and in any event shall relate
    to the performance of the Council’s statutory functions, powers and obligations or an issue which specifically
    affects the Council’s area or its residents.
    b No motion may be moved at a meeting unless it is on the agenda and the mover has given written notice of
    its wording to the Proper Officer at least (7) clear days before the meeting. Clear days do not include the day
    of the notice or the day of the meeting.
    c The Proper Officer may, before including a motion on the agenda received in accordance with standing order
    9(b), correct obvious grammatical or typographical errors in the wording of the motion.
    d If the Proper Officer considers the wording of a motion received in accordance with standing order 9(b) is not
    clear in meaning, the motion shall be rejected until the mover of the motion resubmits it, so that it can be
    understood, in writing, to the Proper Officer at least (5) clear days before the meeting.
    e If the wording or subject of a proposed motion is considered improper, the Proper Officer shall consult with
    the chairman of the forthcoming meeting or, as the case may be, the councillors who have convened the
    meeting, to consider whether the motion shall be included in the agenda or rejected.
    f The decision of the Proper Officer as to whether or not to include the motion on the agenda shall be final.
    g Motions received shall be recorded and numbered in the order that they are received.
    h Motions rejected shall be recorded with an explanation by the Proper Officer of the reason for rejection.
  36. Motions at a meeting that do not require written notice
    a The following motions may be moved at a meeting without written notice to the Proper Officer;
    i. to correct an inaccuracy in the draft minutes of a meeting;
    ii. to move to a vote;
    iii. to defer consideration of a motion;
    iv. to refer a motion to a particular committee or sub-committee;
    v. to appoint a person to preside at a meeting;
    vi. to change the order of business on the agenda;
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    vii. to proceed to the next business on the agenda;
    viii. to require a written report;
    ix. to appoint a committee or sub-committee and their members;
    x. to extend the time limits for speaking;
    xi. to exclude the press and public from a meeting in respect of confidential or other information which is
    prejudicial to the public interest;
    xii. to not hear further from a councillor or a member of the public;
    xiii. to exclude a councillor or member of the public for disorderly conduct;
    xiv. to temporarily suspend the meeting;
    xv. to suspend a particular standing order (unless it reflects mandatory statutory or legal requirements);
    xvi. to adjourn the meeting; or
    xvii. to close the meeting.
  37. Management of information
    See also standing order 20
    a The Council shall have in place and keep under review, technical and organisational measures to
    keep secure information (including personal data) which it holds in paper and electronic form. Such
    arrangements shall include deciding who has access to personal data and encryption of personal
    data.
    b The Council shall have in place, and keep under review, policies for the retention and safe destruction
    of all information (including personal data) which it holds in paper and electronic form. The Council’s
    retention policy shall confirm the period for which information (including personal data) shall be
    retained or if this is not possible the criteria used to determine that period (e.g. the Limitation Act
    1980).
    c The agenda, papers that support the agenda and the minutes of a meeting shall not disclose or
    otherwise undermine confidential information or personal data without legal justification.
    d Councillors, staff, the Council’s contractors and agents shall not disclose confidential information or
    personal data without legal justification.
  38. Draft minutes
    a If the draft minutes of a preceding meeting have been served on councillors with the agenda to attend the
    meeting at which they are due to be approved for accuracy, they shall be taken as read.
    b There shall be no discussion about the draft minutes of a preceding meeting except in relation to their
    accuracy. A motion to correct an inaccuracy in the draft minutes shall be moved in accordance with standing
    order 10(a)(i).
    c The accuracy of draft minutes, including any amendment(s) made to them, shall be confirmed by resolution
    and shall be signed by the chairman of the meeting and stand as an accurate record of the meeting to which
    the minutes relate.
    d If the chairman of the meeting does not consider the minutes to be an accurate record of the meeting to which
    they relate, he shall sign the minutes and include a paragraph in the following terms or to the same effect:
    “The chairman of this meeting does not believe that the minutes of the meeting of the ( ) held on
    [date] in respect of ( ) were a correct record but his view was not upheld by the meeting and the
    minutes are confirmed as an accurate record of the proceedings.”

    e
    ▼▲►
    If the Council’s gross annual income or expenditure (whichever is higher) does not exceed £25,000,
    it shall publish draft minutes on a website which is publicly accessible and free of charge not later
    than one month after the meeting has taken place.
    f Subject to the publication of draft minutes in accordance with standing order 12(e) and standing order 20(a)
    and following a resolution which confirms the accuracy of the minutes of a meeting, the draft minutes or
    recordings of the meeting for which approved minutes exist shall be destroyed.
  39. Code of conduct and dispensations
    See also standing order 3(v) above.
    a All councillors and non-councillors with voting rights shall observe the code of conduct adopted by the
    Council.
    b Unless he has been granted a dispensation, a councillor or non-councillor with voting rights shall withdraw
    from a meeting when it is considering a matter in which he has a disclosable pecuniary interest. He may
    return to the meeting after it has considered the matter in which he had the interest.
    c Unless he has been granted a dispensation, a councillor or non-councillor with voting rights shall withdraw
    from a meeting when it is considering a matter in which he has another interest if so required by the Council’s
    code of conduct. He may return to the meeting after it has considered the matter in which he had the interest.
    d Dispensation requests shall be in writing and submitted to the Proper Officer as soon as possible
    before the meeting, or failing that, at the start of the meeting for which the dispensation is required.
    e A decision as to whether to grant a dispensation shall be made by a meeting of the Council, or committee
    or sub-committee for which the dispensation is required and that decision is final.
    f A dispensation request shall confirm:
    i. the description and the nature of the disclosable pecuniary interest or other interest to which the
    request for the dispensation relates;
    ii. whether the dispensation is required to participate at a meeting in a discussion only or a discussion
    and a vote;
    iii. the date of the meeting or the period (not exceeding four years) for which the dispensation is sought;
    and
    iv. an explanation as to why the dispensation is sought.
    g Subject to standing orders 13(d) and (f), a dispensation request shall be considered at the beginning of the
    meeting of the Council, or committee or a sub-committee for which the dispensation is required.
    h A dispensation may be granted in accordance with standing order 13(e) if having regard to all relevant
    circumstances any of the following apply:
    i. without the dispensation the number of persons prohibited from participating in the
    particular business would be so great a proportion of the meeting transacting the business as
    to impede the transaction of the business;
    ii. granting the dispensation is in the interests of persons living in the Council’s area; or
    iii. it is otherwise appropriate to grant a dispensation.
  40. Code of conduct complaints
    a Upon notification by the District, Unitary Council that it is dealing with a complaint that a councillor or noncouncillor with voting rights has breached the Council’s code of conduct, the Proper Officer shall, subject to
    standing order 11 above, report this to the Council.
    b Where the notification in standing order 14(a) above relates to a complaint made by the Proper Officer, the
    Proper Officer shall notify the Chairman of Council of this fact, and the Chairman shall nominate another staff
    member to assume the duties of the Proper Officer in relation to the complaint until it has been determined
    and the Council has agreed what action, if any, to take in accordance with standing order 14(d).
    c The Council may:
    i. provide information or evidence where such disclosure is necessary to investigate the complaint
    or is a legal requirement;
    ii. seek information relevant to the complaint from the person or body with statutory responsibility for
    investigation of the matter;
    d Upon notification by the District or Unitary Council that a councillor or non-councillor with voting
    rights has breached the Council’s code of conduct, the Council shall consider what, if any, action to
    take against him. Such action excludes disqualification or suspension from office.
  41. Proper Officer
    a The Proper Officer shall be either (i) the clerk or (ii) other staff member(s) nominated by the Council to
    undertake the work of the Proper Officer when the Proper Officer is absent.
    b The Proper Officer shall:
    i. at least three clear days before a meeting of the Council, a committee or a sub-committee
    • serve on councillors, by delivery or post at their residences, or by email authenticated
    in such manner as the Proper Officer this fit, a signed summons confirming the time,
    place and the agenda (provided the councillor has consented to service by email), and
    • Provide, in a conspicuous place, public notice of the time, place and agenda (provided
    that the public notice with agenda of an extraordinary meeting of the Council convened
    by councillors is signed by them).
    See standing order 3(b) for the meaning of clear days for a meeting of a full council and standing order
    3(c) for the meaning of clear days for a meeting of a committee.
    ii. subject to standing order 9, include on the agenda all motions in the order received unless a councillor
    has given written notice at least (5) days before the meeting confirming his withdrawal of it;
    iii. convene a meeting of the Council for the election of a new Chairman of the Council, occasioned
    by a casual vacancy in his office;
    iv. facilitate inspection of the minute book by local government electors;
    v. receive and retain copies of byelaws made by other local authorities;
    vi. hold acceptance of office forms from councillors;
    vii. hold a copy of every councillor’s register of interests;
    viii. assist with responding to requests made under the freedom of information legislation and rights
    exercisable under data protection legislation, in accordance with the Council’s relevant policies and
    procedures;
    ix. liaise, as appropriate, with the Council’s Data Protection Officer (if there is one);
    x. receive and send general correspondence and notices on behalf of the Council except where there is
    a resolution to the contrary;
    xi. assist in the organisation, storage of, access to, security of and destruction of information held by the
    Council in paper and electronic form subject to the requirements of data protection and freedom of
    information legislation and other legitimate requirements (e.g. the Limitation Act 1980);
    xii. arrange for legal deeds to be executed;

    (see also standing order 23);
    xiii. arrange or manage the prompt authorisation, approval, and instruction regarding any payments to be
    made by the Council in accordance with its financial regulations;
    xiv. record every planning application notified to the Council and the Council’s response to the local
    planning authority in a book for such purpose;
    xv. refer a planning application received by the Council to the planning and development committee
    manage access to information about the council via the publication scheme; and
    xvi. retain custody of the seal of the Council (if there is one) which shall not be used without a resolution to
    that effect.
    (see also standing order 23).
  42. Responsible Financial Officer
    a The Council shall appoint appropriate staff member(s) to undertake the work of the Responsible Financial
    Officer when the Responsible Financial Officer is absent for a period that would seriously harm and damage
    the Councils financial affairs were it not for that appointment and that appointment would be considered on a
    case by case basis depending on the seriousness of the absence.
  43. Accounts and accounting statements
    a “Proper practices” in standing orders refer to the most recent version of “Governance and Accountability for
    Local Councils – a Practitioners’ Guide”.
    b All payments by the council shall be authorised, approved and paid in accordance with the law, proper
    practices and the Council’s financial regulations.
    c The Responsible Financial Officer shall supply each councillor as soon as practicable after 30 June, 30
    September and 31 December in each year a statement to summarise:
    i. the Council’s income and expenditure for each quarter;
    ii. the Council’s aggregate income and expenditure for the year to date;
    iii. the balances held at the end of the quarter being reported
    and which includes a comparison with the budget for the financial year and highlights any actual or potential
    overspends.
    d As soon as possible after the financial year end at 31 March, the Responsible Financial Officer shall provide:
    i. each councillor with a statement summarising the Council’s income and expenditure for the last
    quarter and the year to date for information; and
    ii. to the Council the accounting statements for the year in the form of Section 2 of the annual governance
    and accountability return, as required by proper practices, for consideration and approval.
    e The year-end accounting statements shall be prepared in accordance with proper practices and applying the
    form of accounts determined by the Council or income and expenditure for a year to 31 March. A completed
    draft annual governance and accountability return shall be presented to all councillors at l,east 14 days prior
    to anticipated approval by Council. The annual governance and accountability return of the Council, which is
    subject to external audit, including the annual governance statement, shall be presented to the Council for
    consideration and formal approval before 30 June.
  44. Financial controls and procurement
    a The Council shall consider and approve financial regulations drawn up by the Policy Review Working Group,
    which shall include detailed arrangements in respect of the following:
    i. the keeping of accounting records and systems of internal controls;
    ii. the assessment and management of financial risks faced by the Council;
    iii. the work of the independent internal auditor in accordance with proper practices and the receipt of
    regular reports from the internal auditor, which shall be required at least annually;
    iv. the inspection and copying by councillors and local electors of the council’s accounts and/or orders of
    payments; and
    v. whether contracts with an estimated value below £25,000 due to special circumstances are exempt
    from tendering process or procurement exercise.
    b Financial regulations shall be reviewed regularly and at least annually by the Policy Review Working Group
    for fitness of purpose.
    c A public contract regulated by the Public Contracts Regulations 2015 with an estimated value in
    excess of £25,000 but less than the relevant thresholds in standing order 18(f) is subject to
    Regulations 109-114 of the Public Contracts Regulations 2015 which include a requirement on the
    Council to advertise the contract opportunity on the Contracts Finder website regardless of what
    other means it uses to advertise the opportunity unless it proposes to use an existing list of approved
    suppliers (framework agreement).
    d Subject to additional requirements in the financial regulations of the Council, the tender process for contracts
    for the supply of goods, materials, services or the execution of works shall include, as a minimum, the
    following steps:
    i. a specification for the goods, materials, services or the execution of works shall be drawn up;
    ii. an invitation to tender shall be drawn up to confirm (i) the Council’s specification (ii) the time, date and
    address for the submission of tenders (iii) the date of the Council’s written response to the tender and
    (iv) the prohibition on prospective contractors contacting councillors or staff to encourage or support
    their tender outside the prescribed process;
    iii. the invitation to tender shall be advertised in a local newspaper and in any other manner that is
    appropriate;
    iv. tenders are to be submitted in writing in a sealed marked envelope addressed to the Proper Officer;
    v. tenders shall be opened by the Proper Officer in the presence of at least one councillor after the
    deadline for submission of tenders has passed;
    vi. tenders are to be reported to and considered by the appropriate meeting of the Council or a committee
    or sub-committee with delegated responsibility.
    e Neither the Council, nor a committee or a sub-committee with delegated responsibility for considering tenders,
    is bound to accept the lowest value tender.
    f A public contract regulated by the Public Contracts Regulations 2015 with an estimated value in
    excess of £181,302 for a public service or supply contract or in excess of £4,551,413 for a public
    works contract (or other thresholds determined by the European Commission every two years and
    published in the Official Journal of the European Union (OJEU)) shall comply with the relevant
    procurement procedures and other requirements in the Public Contracts Regulations 2015 which
    include advertising the contract opportunity on the Contracts Finder website and in OJEU.
    g A public contract in connection with the supply of gas, heat, electricity, drinking water, transport
    services, or postal services to the public; or the provision of a port or airport; or the exploration for
    or extraction of gas, oil or solid fuel with an estimated value in excess of £363,424 for a supply,
    services or design contract; or in excess of £4,551,413 for a works contract; or £820,370 for a social
    and other specific services contract (or other thresholds determined by the European Commission
    every two years and published in OJEU) shall comply with the relevant procurement procedures and
    other requirements in the Utilities Contracts Regulations 2016.
  45. Handling staff matters
    a A matter personal to a member of staff that is being considered by a meeting of Council, and or any relevant
    committee, sub-committee or working group thereof is subject to standing order 11.
    b Any persons responsible for all or part of the management of staff shall treat as confidential the written records
    of all meetings relating to their performance, capabilities, grievance or disciplinary matters.
    c In Accordance with standing order 11(a) persons authorised by the clerk shall have access to staff records
    referred to in standing orders 19(f).
  46. Responsibilities to provide information
    See also standing order 21.
    a In accordance with freedom of information legislation, the Council shall publish information in
    accordance with its publication scheme and respond to requests for information held by the Council.
    b. The Council shall publish information in accordance with the requirements of the Local Government
    (Transparency Requirements) (England) Regulations 2015.
  47. Responsibilities under data protection legislation
    (Below is not an exclusive list).
    See also standing order 11.
    a The Council may appoint a Data Protection Officer.
    b The Council shall have policies and procedures in place to respond to an individual exercising
    statutory rights concerning his personal data.
    c The Council shall have a written policy in place for responding to and managing a personal data
    breach.
    d The Council shall keep a record of all personal data breaches comprising the facts relating to the
    personal data breach, its effects and the remedial action taken.
    e The Council shall ensure that information communicated in its privacy notice(s) is in an easily
    accessible and available form and kept up to date.
    f The Council shall maintain a written record of its processing activities.
  48. Relations with the press/media
    a Requests from the press or other media for an oral or written comment or statement from the Council, its
    councillors or staff shall be handled in accordance with the Council’s policy in respect of dealing with the
    press and/or other media.
  49. Execution and sealing of legal deeds
    See also standing orders 15(b)(xii) and (xvii).
    a A legal deed shall not be executed on behalf of the Council unless authorised by a resolution.
    b Subject to standing order 23(a) above, any two councillors may sign, on behalf of the Council, any
    deed required by law and the Proper Officer shall witness their signatures.
    The above is applicable to a council without a common seal.
  50. Communicating with District and County or Unitary councillors
    a An invitation to attend a meeting of the council shall be sent, together with the agenda, to the ward
    councillor(s) of the District and County Council representing the area of the Council.
  51. Restrictions on councillor activities
    a. Unless authorised by a resolution, no councillor shall:
    i. formally inspect any land and/or premises which the Council has a right or duty to inspect; or
    ii. issue orders, instructions or directions to any officer or employee of the Council.
  52. Standing orders generally
    a All or part of a standing order, except one that incorporates mandatory statutory or legal requirements, may
    be suspended by resolution in relation to the consideration of an item on the agenda for a meeting.
    b A motion to add to or vary or revoke one or more of the Council’s standing orders, except one that
    incorporates mandatory statutory or legal requirements, shall be proposed by a special motion, the written
    notice by at least (6) councillors to be given to the Proper Officer in accordance with standing order 9.
    c The Proper Officer shall provide a copy of the Council’s standing orders to a councillor as soon as possible.
    d The decision of the chairman of a meeting as to the application of standing orders at the meeting shall be final.

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