Clyro Community Council
CLYRO COMMUNITY COUNCIL STANDING ORDERS
1 (a) Meetings of the Council shall be held at 7pm on the 2 nd Tuesday of each month unless the Council otherwise decides at a previous meeting.
(b) Smoking is not permitted at any meeting of the Council.
2. The Statutory Annual Meeting
(a) In an election year shall be held on the Tuesday next following the fourth day after the ordinary day of elections to the council and
(b) In a year, which is not, an election year shall be held on 2 nd Tuesday in May
CHAIRMAN OF MEETING
3. The person presiding at a meeting may exercise all the powers and duties of the Chairman in relation to the conduct of the Meeting.
4. Where a statute, regulation or order confers functions or duties on the proper officer of the Council in the following cases, he/she shall be the clerk: —
(a) To receive declarations of acceptance of office.
(b) To receive and record notices disclosing pecuniary interests.
(c) To receive and retain plans and documents.
(d) To sign notices or other documents on behalf of the Council.
(e) To receive copies of byelaws made by District Council.
(f) To certify copies of byelaws made by the Council
(g) To sign summonses to attend meetings of the Council.
(h) To provide a minute book for recording the proceedings of community meetings.
In any other case the proper officer shall be the person nominated by the Council and, in default of nomination, the clerk.
5. 3 members shall constitute a quorum.
5 a For extraordinary financial meetings e.g. precept setting, the number shall be 6. Should this number not be present, a special meeting shall be called three days later, should this meeting also not have the required numbers present then the quorum will revert to 3
6. If a quorum is not present when the Council meets or if during a meeting the number of councillors present and not debarred by reason of a declared pecuniary interest falls below the quorum, the business not transacted at that meeting shall be transacted at the next meeting or on such other day as the Chairman may fix.
7. Members shall vote by show of hands, or, if at least two members so request, by signed ballot.
8. If a member so requires, the Clerk shall record the names of the members who voted on any question so as to show whether they voted for or against it.
9. Subject to (b) and (c) below the Chairman may give an original vote on any matter put to the vote, and in the case of an equality of votes may give a casting vote even though he gave no original vote.
(b) If the person presiding at the annual meeting would have ceased to be a member of the council but for the statutory provisions which preserve the membership of the Chairman and Vice-Chairman until the end of their term of office he/she may not give an original vote in an election for Chairman.
(c) The person presiding must give a casting vote whenever there is an equality of votes in an election for Chairman.
10. A Member who has been absent from meetings for a period of 6 consecutive months from the date of his/her last attendance, and has not offered apologies with valid reasons for the absence, shall cease be a member of the council.
ORDER OF BUSINESS
(In an election year councillors should execute Declarations of Acceptance of Office in each others presence, or in the presence of a proper officer previously authorised by the Council to take such declaration, before the annual meeting commences.)
Preceding the Annual meeting, a report on the year’s activities will be given by the outgoing chairman.
11. At each Annual Meeting the first business shall be
(a) To elect a chairman.
(b) To receive the Chairman’s declaration of acceptance of office or, if not then received, to decide when it shall be received.
(c) In the ordinary year of election of the Council to fill any vacancies left unfilled at the election by reason of insufficient nominations.
(d) To decide when any declarations of acceptance of office which have not been received as provided by law shall be received .
(e) To elect a Vice-Chairman.
(f) To appoint school governors .
(g) To appoint committees .
(h) To consider the payment of any subscriptions falling to be paid annually .
(i) To inspect any deeds and trust instruments in the custody of the council: and shall thereafter follow the order set out in Standing Order 14
12. At every meeting other than the Annual Meeting the first business shall be to appoint a Chairman if the Chairman and Vice-Chairman be absent and to receive such declarations of acceptance of office (if any) as are required by law to be made, or if not then received to decide when they shall be received.
13. In every year not later than the meeting at which the estimates for next year are settled (See Standing Order 56 below.) the Council shall review the pay and conditions of service of existing employees (See Standing Order 37 below.)
14. After the first business has been completed, the order of business, unless the Council otherwise decides on the ground of urgency, shall be as follows: —
These should if possible be conveyed to the Chairman or Clerk or another member before the meeting. A register of attendance is passed round during the meeting for signing.
(b) To read and consider the Minutes: provided that if a copy has been circulated to each member not later than the day of issue of the summons to attend the meeting, the Minutes may be taken as read. Only substantive matters of accuracy should be raised under this item - spelling mistakes etc can be raised with the Clerk outside the meeting.
(c) After consideration, to approve the signature of the Minutes by the person presiding as a correct record.
(d) Declarations of interest, if any.
(e) To dispose of business, if any, remaining from the last meeting.
(f) Planning Matters.
(g) Matters Arising.
(h) Questions from Councillors.
(j) Report From County Councillor.
(l) Financial Matters.
(m) To deal with business expressly required by statute to be done.
(n) Any other business.
15. A motion to vary the order of business on the ground of urgency.
(a) may be proposed by the Chairman or by any member and, if proposed by the Chairman,
may be put to the vote without being seconded, and
(b) shall be put to the vote without discussion.
RESOLUTIONS MOVED ON NOTICE
16. Except as provided by these Standing Orders, no resolution may be moved unless the business to which it relates has been put on the Agenda by the Clerk or the mover has given notice in writing of its terms and has delivered the notice to the clerk at least 7 clear days before the next meeting of the Council.
17. The Clerk shall date every notice of resolution or recommendation when received by him/her, shall number each notice in the order in which it was received and shall enter it in a book which shall be open to the inspection of every member of the Council.
18. The Clerk shall insert in the summons for every meeting all notices of motion or recommendation properly given in the order in which they have been received unless the member giving a notice of motion has stated in writing that he intends to move at some later meeting or that he withdraws it.
19. If a resolution or recommendation specified in the summons is not moved either by the member who gave notice of it or by any other member, it shall, unless postponed by the Council, be treated as withdrawn and shall not be moved without fresh notice.
20. If the subject matter of a resolution comes within the province of a committee of the Council, it shall, upon being moved and seconded, stand referred without discussion to such committee or to such other committee as the Council may determine for report; provided that the Chairman, if he considers it to be a matter of urgency, may allow it to be dealt with at the meeting at which it was moved.
21. Every resolution or recommendation shall be relevant to some subject over which the Council has power or which affects its area.
RESOLUTIONS MOVED WITHOUT NOTICE
22. Resolutions dealing with the following matters may be moved without notice: —
(a) To appoint a Chairman of the meeting.
(b) To correct the Minutes.
(c) To approve the Minutes.
(d) To alter the order of business.
(e) To proceed to the next business.
(f) To close or adjourn the debate.
(g) To refer a matter to a committee.
(h) To appoint a committee or any members thereof.
(i) To adopt a report.
(j) To authorise the sealing of documents.
(k) To amend a motion.
(l) To give leave to withdraw a resolution or an amendment.
(m) To extend the time limit for speeches.
(n) To exclude the public. (see Order 66 below.)
(o) To silence or eject from the meeting a member named for misconduct. (See Order32 below.)
(p) To invite a member having an interest in the subject matter under debate to remain. (See Order 57 below.)
(q) To give the consent of the Council where such consent is required by these Standing Orders.
(r) To suspend any Standing Order. (See Order 75 below.)
(s) To adjourn the meeting.
23. A member may ask the Chairman or the Clerk any question concerning the business of the Council, provided at least 1 days notice of the question has been given to the person to whom it is addressed before the meeting begins.
24. No questions not connected with business under discussion shall be asked except during the part of the meeting set aside for questions.
25. Every question shall be put and answered without discussion.
26. A person to whom a question has been put may decline to answer.
RULES OF DEBATE
27. No discussion shall take place upon the Minutes except upon their accuracy Corrections to the Minutes shall be made by resolution and must be initialled by the Chairman.
28. (a) a resolution or amendment can be discussed before it has been proposed and seconded and, unless proper notice has already been given, it shall, if required by the Chairman, be reduced to writing and handed to him before it is further discussed or put to the meeting.
(b) A member shall direct his/her speech to the question under discussion or to a personal explanation or to a question of order.
(c) The mover of a resolution shall, at the discretion of the chairman, and/or by consent of the Council be allowed a reasonable amount of time for his/her speech.
(The mover of a resolution is sometimes allowed a longer time than others.)
(d) An amendment shall be either: —
(i) To leave out words.
(ii) To leave out words and insert or add others.
(ii) To insert or add words.
(e) An amendment shall not have the effect of negativing the resolution before the Council.
(f) If an amendment be carried, the resolution, as amended, shall take the place of the original
resolution and shall become the resolution upon which any further amendment may be moved.
(g) A further amendment shall not be moved until the Council has disposed of every amendment previously moved.
(h) The mover of a resolution or of an amendment shall have a right of reply, the time of which is at the discretion of the chairman, and/or by consent of the Council.
(i) A member, other than the mover of a resolution, shall not, without leave of the Council, speak more than once on any resolution except to move an amendment or further amendment, or on an amendment, or on a point of order, or in personal explanation, or to move a closure.
(j) A member may indicate that he/she wishes make a point of order or a personal explanation. A member who indicates these purposes shall be heard forthwith. A personal explanation shall be confined to some material part of a former speech by him/her, which may have been misunderstood.
(k) A motion or amendment may be withdrawn by the proposer with the consent of the Council, which shall be signified without discussion, and no member may speak upon it after permission has been asked for its withdrawal unless such permission has been refused.
(l) When a resolution is under debate no other resolution shall be moved except the following: —
(i) To amend the resolution.
(ii) To proceed to the next business.
(iii) To adjourn the debate.
(iv) That the question be now put.
(v) That a member named be not further heard.
(vi) That a member named do leave the meeting.
(vii) That the resolution be referred to a committee.
(viii) To exclude the public and press.
(ix) To adjourn the meeting.
29. A member may sit when speaking unless, on more formal occasions, or when a large number of the public are present, he/she is asked by the Chairman to stand.
30. (a) The ruling of the Chairman on a point of order or on the admissibility of a personal explanation shall not be discussed.
(b) Members shall address the Chairman.
(c) If two or more members wish to speak, the Chairman shall call upon one of them to speak and the others shall resume their seats.
(d) Whenever the Chairman rises or otherwise indicates during a debate, all other members shall be seated and silent.
31. At the end of any speech a member may, without comment, move "that the question be now put", "that the debate be now adjourned" or "that the Council do now adjourn". If such motion is seconded the Chairman shall put the motion but, in the case of a motion "to put the question" only if he/she is of the opinion that the question before the Council has been sufficiently debated. If the motion "that the question be now put" is carried, he/she shall call upon the mover to exercise or waive his/her right of reply and shall put the question immediately after that right has been exercised or waived. The adjournment of a debate or of the Council shall not prejudice the mover’s right of reply at the resumption.
(Note: Where a meeting is adjourned the subsequent proceedings are part of the original meeting and no new notices or agendas need to be issued except a notification to members not present of the date of the continuation of the meeting.)
32. (a) No member shall at a meeting persistently disregard the ruling of the Chairman, wilfully obstruct business, or behave irregularly, offensively, improperly or in such a manner as to scandalise the Council or bring it into contempt or ridicule.
(b) If, in the opinion of the Chairman, a member has broken the provisions of paragraph (a) of this Order, the Chairman shall express that opinion to the Council and thereafter any member may move that the member named be no longer heard or that the member named do leave the meeting, and the motion, if seconded, shall be put forthwith and without discussion.
(c) If either of the motions mentioned in paragraph (b) is disobeyed, the Chairman may suspend the meeting or take such further steps as may reasonably be necessary to enforce them.
RIGHT OF REPLY
33. The mover of a resolution shall have a right to reply immediately before the resolution is put to the vote. If an amendment is proposed the mover of the amendment shall be entitled to reply immediately before the amendment is put to the vote. A member exercising a right of reply shall not introduce new matter. After the right of reply has been exercised or waived, a vote shall be taken without further discussion.
ALTERATION OF RESOLUTION
34. A member may, with the consent of his seconder, move amendments to his own resolution.
RESCISSION OF PREVIOUS RESOLUTION
35. (a) A decision (whether affirmative or negative) of the Council shall not be reversed within six months except either by a special resolution, the written notice whereof bears the names of at least 4 members of the Council, or by a resolution moved in pursuance of the report or recommendation of a committee.
(b) When a special resolution or any other resolution moved under the provisions of paragraph (a) of this Order has been disposed of, no similar resolution may be moved within a further six months
VOTING ON APPOINTMENTS
36. Where more than two persons have been nominated for any position to be filled by the Council and of the votes given there is not an absolute majority in favour of one person, the name of the person having the least number of votes shall be struck off the list and a fresh vote taken, and so on until a majority of votes is given in favour of one person.
DISCUSSIONS AND RESOLUTIONS AFFECTING
EMPLOYEES OF THE COUNCIL
37. If at a meeting there arises any question relating to the appointment, conduct, promotion, dismissal, salary or conditions of service, of any person employed by the Council, it shall not be considered until the Council or committee (as the case may be) has decided whether or not the public shall be excluded. (See Standing Order No. 66.)
RESOLUTIONS ON EXPENDITURE
38. Any resolution and which, if carried, would, in the opinion of the Chairman, substantially increase the expenditure upon any service which is under the management of or reduce the revenue at the disposal of any committee, or which would involve capital expenditure, shall, when proposed and seconded, stand adjourned without discussion to the next ordinary meeting of the Council, and any committee affected by it shall consider whether it desires to report thereon.
39. Orders for the payment of money shall be authorised by resolution of the Council and signed by two members.
40. (a) Donations to charities or organisations that are outside the community boundary, will not be considered, except in exceptional circumstances, when a resolution must be made for each application.
(b) Donations to local charities or organisations may be made at the March meeting, an application will be considered at other times if urgent or exceptional circumstances exist, and if considered worthy, a resolution must be raised.
SEALING OF DOCUMENTS
41. (a) A document shall not be sealed on behalf of the Council unless its sealing has been authorised by a resolution
(b) Any two members of the Council named in a resolution moved under the provisions of paragraph (a) of this Order may seal, on behalf of the Council, any document required by law to be issued under seal.
COMMITTEES AND SUB-COMMITTEES
42. The Council may at its Annual Meeting appoint standing committees and may at any other time appoint such other committees as are necessary, but subject to any statutory provision in that behalf.
(a) Shall not appoint any member of a committee so as to hold office later than the next Annual Meeting
(b) May appoint persons other than members of the Council to any Committee; and
(c) May subject to the provisions of Order 35 above at any time dissolve or alter the membership of a committee.
43. The Chairman and Vice-Chairman ex officio shall be members of every committee
44. Every committee shall at its first meeting before proceeding to any other business, elect a Chairman and may elect a Vice-Chairman who shall hold office until the next Annual Meeting of the Council, and shall settle its programme of meetings for the year.
45. The Chairman of a committee or the Chairman of the Council may summon an additional meeting of that committee at any time. An additional meeting shall also be summoned on the requisition in writing of not less than a quarter of the members of the committee. The summons shall set out the business to be considered at the special meeting and no other business shall be transacted at that meeting.
46. Every committee may appoint sub-committees for purposes to be specified by the committee.
47. The Chairman and Vice-Chairman of the committee shall be members of every sub-committee appointed by it unless they signify that they do not wish to serve.
48. Except where ordered by the Council in the case of a committee, or by the Council or by the appropriate committee in the case of a sub-committee, the quorum of a committee or sub-committee shall be 3 of its members
49. The Standing Orders on rules of debate (except those parts relating to standing and to speaking more than once) and the Standing Order on interests of members in contracts and other matters shall apply to committee and sub-committee meetings.
50. (1) There shall be advisory committees, whose name, and number of members, shall be as follows
Name Number of Members
(2) The Clerk shall inform the members of each advisory committee of the terms of reference of the committee.
(3) An advisory committee may make recommendations and give notice thereof to the Council.
(4) An advisory committee may consist wholly of persons who are not members of the Council.
VOTING IN COMMITTEES
51. Members of committees and sub-committees entitled to vote shall vote by show of hands, or, if at least two members so request, by signed ballot.
52. Chairmen of committees and sub-committees shall in the case of an equality of votes have a second or casting vote.
PRESENCE OF NON-MEMBERS OF COMMITTEES AT
53. A member who has proposed a resolution which has been
referred to any committee of which he is not a member may explain his resolution to the committee but shall not vote.
ACCOUNTS AND FINANCIAL STATEMENT
54. (a) Except as provided in paragraph (b) of this Standing Order or by statute, all accounts for payment and claims upon the Council shall be laid before the Council.
(b) Where it is necessary to make a payment before it has been authorised by the Council, such payment shall be certified as to its correctness and urgency by the appropriate officer. Such payment shall be authorised by the committee, if any, having charge of the business to which it relates, or by the proper officer for payments with the approval of the Chairman or Vice-Chairman of the Council.
(c) All payments ratified under sub-paragraph (b) of this Standing Order shall be separately included in the next schedule of payments laid before the Council.
55. The Clerk shall supply to each member at the ordinary meeting next after the end of the Financial Year a statement of receipts and payments.
56. (a) The Council shall approve written estimates for the coming financial year at its meeting in the month of January.
(Note: the month fixed should be such that the precept for the coming year can reach the District or Borough Council before 1st March).
(b) Any committee desiring to incur expenditure shall, not later than December give to the Clerk a written estimate of the expenditure recommended for the coming year.
57. Councillors should refer the adopted code of conduct 13/05/2008 for clarification of interests
If any member has any pecuniary interest, direct or indirect, within the meaning of sections 94-95 of the Local Government Act, 1972, in any contract proposed contract or other matter, he/she shall, while it is under consideration by the Council, withdraw from the meeting unless the interest is trivial in the manner described in section 97(5) or: —
(a) The disability imposed upon him/her by those sections has been removed by the District Council; or
(b) The Council invite him/her to remain; or
(c) The contract, proposed contract or other matter is under consideration as part of the report of a committee and is not itself the subject of debate.
58. The Clerk shall record in a book to be kept for the purpose, particulars of any notice given by any member or any officer of the Council of a pecuniary interest in a contract, and the book shall be open during reasonable hours of the day for the inspection of any member.
59. If any member has a non-pecuniary interest within the ambit of the National Code of Local Government Conduct he/she shall declare it and thereupon be invited to withdraw from the meeting.
60. If a candidate for any appointment under the Council is to his knowledge related to any member of or the holder of any office under the Council, he/she and the person to whom he is related shall disclose the relationship in writing to the Clerk. A candidate who fails so to do shall be disqualified for such appointment, and, if appointed, may be dismissed without notice. The Clerk shall report to the council or to the appropriate committee any such disclosure. Where relationship to a member is disclosed Standing Order 59 shall apply.
The Clerk shall make known the purport of this Standing Order to every candidate.
CANVASSING OF AND RECOMMENDATIONS BY MEMBERS
61. (a) Canvassing of members of the Council or of any committee, directly or indirectly, for any appointment under the Council shall disqualify the candidate for such appointment. The Clerk shall make known the purport of this sub-paragraph of this Standing Order to every candidate.
(b) A member of the Council or of any committee shall not solicit for any person any appointment under the Council or recommend any person for such appointment or for promotion; but, nevertheless, any such member may give a written testimonial of a candidate’s ability, experience or character for submission to the Council with an application for appointment.
62. Standing Orders Nos. 60 and 61 shall apply to tenders as if the person making the tender were a candidate for an appointment.
INSPECTION OF DOCUMENTS
63. A member may for the purpose of his duty as such (but not otherwise), inspect any document in possession of the Council or a committee, and if copies are available shall, on request, be supplied for the like purpose with a copy.
64. All Minutes kept by the Council and by any committee shall be open for the inspection of any member of the Council.
65. No member of the Council or of any committee or subcommittee shall in the name of or on behalf of the Council.
(a) Inspect any lands or premises which the council has a right or duty to inspect; or
(b) issue orders, instructions or directions.
unless authorised to do so by the Council or the relevant committee or sub-committee.
ADMISSION OF THE PUBLIC AND PRESS TO MEETINGS
66. The public shall be admitted to all meetings of the Council and its committees and sub-committees, which may, however, temporarily exclude the public by means of the following resolution:
"That in view of the [special] [confidential] nature of the business about to be transacted, it is advisable in the public interest that the public be temporarily excluded and they are instructed to withdraw."
(Notes: The special reasons should he stated. If a person’s advice or assistance is needed they may he invited (by name) to remain after the exclusion resolution is passed.)
67. The Clerk shall afford to the press reasonable facilities for taking their report of any proceedings at which they are entitled to be present.
68. If a member of the public interrupts the proceedings at any meeting, the chairman may, after warning, order that he/she be removed from the Council Chamber.
69. (a) No member of the Council or of any committee or subcommittee shall disclose to any person not a member of the Council any business declared to be confidential by the Council, the committee or the sub-committee as the case may be.
(b) Any member in breach of the provisions of paragraph (a) of this Standing Order shall be removed from any committee or sub-committee of the Council by the Council.
LIAISON WITH COUNTY AND DISTRICT COUNCILLORS
70. A notice of meeting shall be sent together with an invitation to attend to the County Councillor for the district ward.
71. Unless the Council otherwise orders, a copy of each letter ordered to be sent to the County Council shall be transmitted to the County Councillor for the ward as the case may require.
72. (a) The Clerk shall, as soon as it is received, enter in a book kept for the purpose the following particulars of every planning application notified to the Council: —
(i) The date on which it was received;
(ii) The name of the applicant;
(iii) The place to which it relates;
(iv) A summary of the nature of the application.
(b) The Clerk shall refer every planning application to the Chairman or in the Chairman’s absence to the Vice-Chairman within 48 hours of receiving it.
STANDING ORDER ON CONTRACTS
73. (a) Where it is intended to enter into a contract exceeding £1,000 but not exceeding £10,000 in value for the supply of goods or materials or for the execution of works, the clerk shall give at least three weeks public notice of such intention in the same manner as public notice of meetings of the Council is given.
Where the value of the intended contract exceeds £10,000, similar notice shall be given in such newspapers circulating in the district as the Council shall direct.
(b) Notice of a contract exceeding £10,000 shall state the general nature of the intended contract and state the name and address of the person to whom tenders are to be addressed and the last date by which those tenders should reach that person in the ordinary course of post.
(c) Tenders shall be opened by the Clerk or other person to whom tenders are required to be addressed on the date specified pursuant to paragraph (b) of this Order and shall be reported by the person who opened them to the Council or, where the tenders have been sought by a committee or sub-committee to that committee or sub-committee.
(d) Neither the Council nor any committee, or sub-committee is bound to accept the lowest tender.
(e) If no tenders are received or if all the tenders are identical the Council may make such arrangements for procuring the goods or materials or executing the works as it thinks fit.
(f) A notice issued under this standing order shall contain a statement of the effect of Standing Orders Nos. 60, 61, and 62.
(Notes: Some Standing Order must he made for contracts for the supply of goods or the execution of works)
CODE OF CONDUCT ON COMPLAINTS
74. The Council shall deal with complaints of maladministration allegedly committed by the Council or by any officer or member in the manner recommended in Circular 2/86 issued by the National Association of Local Councils.
VARIATION, REVOCATION AND SUSPENSION OF STANDING ORDERS
75. Any or every part of the Standing Orders except those printed in bold type may be suspended by resolution in relation to any specific item of business.
76. A resolution permanently to add, vary, or revoke a Standing Order shall when proposed and seconded, stand adjourned without discussion to the next ordinary meeting of the Council.
STANDING ORDERS/CODE OF CONDUCT TO BE GIVEN TO MEMBERS
77. A copy of these Standing Orders and a copy of the code of conduct shall be given to each member by the Clerk upon delivery to him/her of the member’s declaration of acceptance of office.