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Bishop’s Hull Parish Council
Standing Orders
Numerical order
1. Meetings
2. Ordinary Council meetings
3. Proper Officer
4. Motions requiring written notice
5. Motions not requiring written notice
6. Rules of debate
7. Code of conduct
8. Minutes
9. Disorderly conduct
10. Rescission of previous resolutions
11. Voting on appointments
12. Expenditure
13. Execution of legal deeds
14. Extraordinary meetings
15. Committees, sub-committees & advisory groups
16. Accounts & financial statement
17. Estimates / precepts
18. Inspection of documents
19. Unauthorised activities
20. Confidential business
21. Matters affecting council employees
22. Freedom of Information Act 2000
23. Relations with the press / media
24. Liaison with county, district & unitary councilors
25. Financial matters
26. Allegations of breaches of the code of conduct
27. Variation, revocation & suspension of standing orders
28. Standing orders to be given to councilors
NOTE - Standing Orders highlighted in bold type may not be suspended or amended as these incorporate statutory requirements.
1. 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. When calculating the 3 clear days for notice of a meeting to councillors and the public, 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 shall not count.
c. 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.
d. Subject to standing order 1(c) above, members of the public are permitted to make representations, answer questions and give evidence in respect of any item of business included in the agenda.
e. The period of time which is designated for public participation in accordance with standing order 1 (d) above shall not exceed 10 minutes.
f. Subject to standing order 1(e) above, each member of the public is entitled to speak once only in respect of business itemised on the agenda and shall not speak for more than 2 minutes.
g. In accordance with standing order 1(d) above, a question asked by a member of the public during a public participation session at a meeting shall not require a response or debate.
h. In accordance with standing order 1(g) above, the Chairman may direct that a response to a question posed by a member of the public be referred to a Councillor for an oral response or to an employee for a written or oral response.
i. A record of a public participation session at a meeting shall be included in the minutes of that meeting.
j. A person shall raise his hand when requesting to speak and stand when speaking (except when a person has a disability or is likely to suffer discomfort). The Chairman may at any time permit an individual to be seated when speaking.
k. Any person speaking at a meeting shall address his comments to the Chairman.
l. Only one person is permitted to speak at a time. If more than one person wishes to speak, the Chairman shall direct the order of speaking.
m. Photographing, recording, broadcasting or transmitting the proceedings of a meeting by any means is not permitted without the Council’s prior written consent.
n. In accordance with standing order 1(c) above, the press shall be provided reasonable facilities for the taking of their report of all or part of a meeting at which they are entitled to be present.
o. Subject to standing orders which indicate otherwise, anything authorised or required to be done by, to or before the Chairman may in his absence be done by, to or before the Vice-Chairman (if any).
p. 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 Vice-Chairman are absent from a meeting, a Councillor as chosen by the Councillors present at the meeting shall preside at the meeting.
q. Subject to model standing order 1 (x) below, all questions at a meeting shall be decided by a majority of the Councillors present and voting thereon.
r. The Chairman 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 also standing orders 2 (h) & (i) below)
s. Unless standing orders provide otherwise, voting on any question shall be by a show of hands. At the request of a Councillor, the voting on any question shall be recorded so as to show whether each councillor present and voting gave his vote for or against that question. Such a request shall be made before moving on to the next item of business on the agenda.
t. The minutes of a meeting shall record the names of councillors present and absent.
u. The code of conduct adopted by the Council shall apply to councillors in respect of the entire meeting.
v. An interest arising from the code of conduct adopted by the Council, the existence and nature of which is required to be disclosed by a Councillor at a meeting shall be recorded in the minutes. (See also standing order 7 below.)
w. No business may be transacted at a meeting unless at least four members of the Council are present.
x. If a meeting is or becomes inquorate no business shall be transacted and the meeting shall be adjourned. Any outstanding business of a meeting so adjourned shall be transacted at a following meeting.
y. Meetings shall not exceed a period of two and a half hours.
2. Ordinary Council meetings
See also standing order 1 above
a. In an election year, the annual meeting of the Council shall be held on or within 14 days following the day on which the new councillors elected take office.
b. In a year which is not an election year, the annual meeting of a Council shall be held on such day in May as the Council may direct.
c. If no other time is fixed, the annual meeting of the Council shall take place at 6 pm.
d. In addition to the annual meeting of the Council, at least three other ordinary meetings shall be held in each year on such dates and times as the Council directs.
e. The election of the Chairman and Vice-Chairman (if any) of the Council shall be the first business completed at the annual meeting 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 any, 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 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 must 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 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 must 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 any) of the Council at the annual meeting of the Council, the order of business shall be as follows:-
i. In an election year, delivery by councillors of their declarations of acceptance of office.
ii. Confirmation of the accuracy of the minutes of the previous meeting of the Council.
iii. Confirmation of appropriate standing orders and financial regulations.
iv. Review of representation on or work with external bodies and arrangements for reporting back.
3. Proper Officer
a. The Council’s Proper Officer shall be the Clerk who shall fulfil the duties assigned to the Proper Officer in standing orders.
b. The Council’s Proper Officer shall do the following:-
i. Sign and serve on councillors by electronic, postal or hand delivery at their residences a summons confirming the time, date, venue and the agenda of a meeting of the Council at least 3 clear days before the meeting.
ii. Give public notice of the time, date, venue and agenda at least 3 clear days before a meeting of the Council (provided that the public notice with agenda of an extraordinary meeting of the Council convened by councillors is signed by them).
iii. Convene a meeting of full Council for the election of a new Chairman of the Council, occasioned by a casual vacancy in his office, in accordance with standing order 3(b) (i) above.
iv. Make available for inspection the minutes of meetings.
v. Receive and retain copies of byelaws made by other local authorities.
vi. Receive and retain declarations of acceptance of office from councillors.
4. Motions requiring written notice
a. No motion may be moved at a meeting unless it is included in the agenda and the mover has given written notice of its wording to the Council’s Proper Officer at least 10 clear days before the next meeting.
b. The Proper Officer may, before including a motion in the agenda received in accordance with standing order 4(a) above, correct obvious grammatical or typographical errors in the wording of the motion.
c. If the Proper Officer considers the wording of a motion received in accordance with standing order 4(a) above is not clear in meaning, the motion shall be rejected until the mover of the motion re-submits it in writing to the Proper Officer in clear and certain language at least 7 clear days before the meeting.
d. If the wording or nature of a proposed motion is considered unlawful or 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 or rejected in the agenda.
e. Having consulted the Chairman or councillors pursuant to standing order 4(d) above, the decision of the Proper Officer as to whether or not to include the motion in the agenda shall be final.
f. Notice of every motion received in accordance with the Council’s standing orders shall be recorded in the order received and open to inspection by all councillors.
g. Every motion rejected in accordance with the Council’s standing orders shall be duly recorded with a note by the Proper Officer giving reasons for its rejection, and this record shall be open to inspection by all councillors.
h. Every motion and resolution shall relate to the Council’s statutory functions, powers and lawful obligations, or shall relate to an issue which specifically affects the Council’s area or its residents.
5. Motions not requiring written notice
a. Motions in respect of the following matters may be moved without written notice:
i. To appoint a person to preside at a meeting.
ii. To approve the absences of councillors.
iii. To approve the accuracy of the minutes of the previous meeting.
iv. To correct an inaccuracy in the minutes of the previous meeting.
v. To dispose of business, if any, remaining from the last meeting.
vi. To alter the order of business on the agenda for reasons of urgency or expedience.
vii. To proceed to the next business on the agenda.
viii. To close or adjourn debate.
ix. To consider a report and / or recommendations made by an employee, professional advisor, expert or consultant.
x. To authorise legal deeds to be signed by two councillors and witnessed. (See standing orders 13(a) and (b) below.)
xi. To amend a motion relevant to the original or substantive motion under consideration which shall not have the effect of nullifying it.
xii. To extend the time limit for speeches.
xiii. To exclude the press and public for all or part of a meeting.
xiv. To silence or exclude from the meeting a Councillor or a member of the public for disorderly conduct.
xv. To give the consent of the Council if such consent is required by standing orders.
xvi. To suspend any standing order except those which are mandatory by law.
xvii. To adjourn the meeting.
xviii. To appoint representatives to outside bodies and to make arrangements for those representatives to report back the activities of outside bodies.
xix. To answer questions from councillors.
6. Rules of debate
a. Motions included in an agenda shall be considered in the order that they appear on the agenda unless the order is changed at the Chairman’s direction for reasons of expedience.
b. Subject to standing orders 4(a)-(e) above, a motion shall not be considered unless it has been proposed and seconded.
c. If an amendment is carried, the original motion, as amended, shall take the place of the original motion and shall become the substantive motion upon which any further amendment may be moved.
d. A point of order shall be decided by the Chairman and his decision shall be final.
e. With the consent of the seconder and / or of the meeting, a motion or amendment may be withdrawn by the proposer. A councillor shall not speak upon the said motion or amendment unless permission for the withdrawal of the motion or amendment has been refused.
f. If a dispute arises concerning rules of debate, the NALC Model Standing Orders shall take precedence.
7. Code of conduct
See also standing orders 1(d)–(i) above
a. All councillors shall observe the code of conduct adopted by the Council.
b. If paragraph 12(2) of the code of conduct contained in the Local Authorities (Model Code of Conduct) Order 2007 (SI No.1159) has been adopted by the Council or pursuant to relevant provisions in a statutory code of conduct in force at the time, councillors may exercise the rights contained in standing order 7(c) below only if members of the public are permitted to (i) make representations, (ii) answer questions and (iii) give evidence relating to the business being transacted.
c. Councillors with a prejudicial interest in relation to any item of business being transacted at a meeting may (i) make representations, (ii) answer questions and (iii) give evidence relating to the business being transacted but must, thereafter, leave the room or chamber.
8. Minutes
a. If a copy of the draft minutes of a preceding meeting has been circulated to councillors no later than the day of service of the summons to attend the scheduled meeting they shall be taken as read.
b. No discussion of the draft minutes of a preceding meeting shall take place except in relation to their accuracy. A motion to correct an inaccuracy in the minutes shall be raised in accordance with standing order 5(a) (iv) above.
c. Minutes, including any amendment to correct their accuracy, 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 majority of the ( ) and the minutes are confirmed as an accurate record of the proceedings.’
e. Upon a resolution which confirms the accuracy of the minutes of a meeting, any previous draft minutes or recordings of the meeting shall be destroyed.
9. Disorderly conduct
a. No person shall obstruct the transaction of business at a meeting or behave offensively or improperly.
b. If, in the opinion of the Chairman, there has been a breach of standing order 9(a) above, the Chairman shall express that opinion and thereafter any councillor (including the Chairman) may move that the person be silenced or excluded from the meeting, and the motion, if seconded, shall be put forthwith and without discussion.
c. If a resolution made in accordance with standing order 9(b) above, is disobeyed, the Chairman may take such further steps as may reasonably be necessary to enforce it and / or he may adjourn the meeting.
10. Rescission of previous resolutions
a. A resolution (whether affirmative or negative) of the Council shall not be reversed within 6 months except by a special motion, the written notice whereof bears the names of at least 4 councillors of the Council.
b. When a special motion or any other motion moved pursuant to standing order 10(a) above has been disposed of, no similar motion may be moved within a further 6 months.
11. Voting on appointments
a. Where more than 2 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. Any tie may be settled by the Chairman’s casting vote.
12. Expenditure
a. Any expenditure incurred by the Council shall be in accordance with the Council’s financial regulations.
b. The Council’s financial regulations shall be reviewed once a year.
13. Execution of legal deeds
See also standing order 5(a) (x) above
a. A legal deed shall not be executed on behalf of the Council unless the same has been authorised by a resolution.
b. In accordance with a resolution made under standing order 13(a) above, any two members of the Council may sign, on behalf of the Council, any deed required by law and the Proper Officer shall witness their signatures.
14. Extraordinary meetings
See also standing order 1 above
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 or refuses to call an extraordinary meeting of the Council within 7 days of having been requested to do so by two councillors, those two councillors may convene an extraordinary meeting of the Council. The statutory public notice giving the time, venue and agenda for such a meeting must be signed by the two councillors.
15. Committees, sub-committees and advisory groups
See also standing order 1 above
a. All business of the Council shall be through the full council and not passed to any appointed committee or sub- committee.
b. The Council may appoint advisory groups comprised of a number of councillors and non- councillors.
c. Advisory groups may not consist wholly of persons who are non-councillors.
16. Accounts and Financial Statement
a. All payments by the Council shall be authorised, approved and paid in accordance with the Council’s financial regulations, which shall be reviewed at least annually.
17. Estimates / precepts
a. The Council shall approve written estimates for the coming financial year at a meeting before the end of January.
b. A councillor desiring to propose expenditure shall give the Proper Officer an estimate of the expenditure recommended for the coming year no later than December.
18. Inspection of documents
a. Subject to standing orders to the contrary or in respect of matters which are confidential, a councillor may, for the purpose of his official duties (but not otherwise), inspect any document in the possession of the Council and request a copy for the same purpose. The minutes of meetings of the Council shall be available for inspection by councillors.
19. Unauthorised activities
a. Unless authorised by a resolution, no individual councillor shall in the name or on behalf of the Council:-
i. inspect any land and/or premises which the Council has a right or duty to inspect;
ii. issue orders, instructions or directions.
20. Confidential business
a. Councillors shall not disclose information given in confidence or which they believe, or ought to be aware is of a confidential nature.
b. A councillor in breach of the provisions of standing order 20(a) above may be removed from an advisory group by a resolution of the Council.
21. Matters affecting council employees
a. If a meeting considers any matter personal to a Council employee, it shall not be considered until the Council has decided whether or not the press and public shall be excluded pursuant to standing order 1(c) above.
b. Subject to the Council’s policy regarding absences from work, the Clerk shall notify the Chairman or, in his absence, the Vice-Chairman, of any absence occasioned by illness or urgency and that person shall report such absence to the Council at its next meeting.
c. The Chairman or in his absence, the Vice-Chairman shall upon a resolution conduct a review of the performance and / or appraisal of any employee, and shall keep a written record of it. The review and/or appraisal shall be reported back and shall be subject to approval by resolution by the Council.
d. Subject to the Council’s policy regarding the handling of grievance matters, the Clerk shall contact the Chairman or in his absence, the Vice-Chairman in respect of an informal or formal grievance matter and this matter shall be reported back and progressed by resolution.
e. Subject to the Council’s policy regarding the handling of grievance and disciplinary matters, if an informal or formal grievance matter raised by any employee relates to the Chairman or Vice-Chairman, this shall be communicated to another member of the Council which shall be reported back and progressed by resolution.
f. Any persons responsible for all or part of the management of Council employees shall keep written records of all meetings relating to their performance, and capabilities, grievance and disciplinary matters.
g. The Council shall keep written records relating to employees secure. All paper records shall be secured under lock and electronic records shall be password protected.
h. Records documenting reasons for an employee’s absence due to ill health or details of a medical condition shall be made available only to those persons with responsibility for the same.
i. Only persons with line management responsibilities shall have access to employee records referred to in standing orders 21(g) and (h) above if so justified.
j. Access and means of access by keys and/or computer passwords to records of employment referred to in standing orders 21(g) and (h) above shall be provided only to the Clerk and / or the Chairman of the Council.
22. Freedom of Information Act 2000
a. All requests for information held by the Council shall be processed in accordance with the Council’s policy in respect of handling requests under the Freedom of Information Act.
b. Correspondence from, and notices served by, the Information Commissioner shall be referred by the Proper Officer to the Chairman or, in his absence, the Vice Chairman.
23. Relations with the press / media
a. All requests from the press or other media for an oral or written statement or comment from the Council shall be processed in accordance with the Council’s policy in respect of dealing with the press and/or other media.
b. In accordance with the Council’s policy in respect to dealing with the press and/or other media, councillors shall not, in their official capacity, provide oral or written statements or written articles to the press or other media.
24. Liaison 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 councillors of the District and County or Unitary Council representing its electoral ward.
25. Financial matters
a. The Council shall consider and approve Financial Regulations drawn up by the Responsible Financial Officer, which shall include detailed arrangements in respect of the following:
i. the accounting records and systems of internal control;
ii. the assessment and management of financial risks faced by the Council;
iii. the work of the Internal Auditor 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;
v. procurement policies including the setting of values for different procedures where the contract has an estimated value of less than £60,000.
b. Any proposed contract for the supply of goods, materials, services and the execution of works with an estimated value in excess of £60,000 shall be procured on the basis of a formal tender as summarised in NALC Model Standing Orders.
c. Where the value of a contract is likely to exceed £138,893 (or other threshold specified by the Office of Government Commerce from time to time) the Council must consider whether the Public Contracts Regulations 2006 (SI No.5, as amended) and the Utilities Contracts Regulations 2006 (SI No.6, as amended) apply to the contract and, if either of those Regulations apply, the Council must comply with EU procurement rules.
26. Allegations of breaches of the code of conduct
a. On receipt of a notification that there has been an alleged breach of the Code of Conduct the Proper Officer shall notify the Chairman of the Council.
b. The Proper Officer shall also notify the District Council’s Standards Committee and follow the advice given.
27. Variation, revocation and suspension of standing orders
a. Any or every part of the standing orders, except those which are mandatory by law, may be suspended by resolution in relation to any specific item of business.
b. A motion to permanently add to or to vary or to revoke one or more of the Council’s standing orders not mandatory by law shall not be carried unless two-thirds of the councillors at a meeting of the Council vote in favour of the same.
28. Standing orders to be given to councilors
a. The Proper Officer shall provide access to a copy of the Council’s standing orders to a councillor upon delivery of his or her declaration of acceptance of office.
b. The Chairman’s decision as to the application of standing orders at meetings shall be final.
c. A councillor’s failure to observe standing orders more than 3 times in one meeting may result in him or her being excluded from the meeting in accordance with standing orders.
THE ABOVE STANDING ORDERS WERE ADOPTED BY BISHOP’S HULL PARISH COUNCIL ON THE …….. OF ………….. 2011
Ken Burgess, Chairman
Sue Watts, Clerk to the Council
