Parish Council

Standing Orders

Adopted July 2006

EAST DEAN AND FRISTON PARISH COUNCIL
STANDING ORDERS
(REVISED JUNE 2006)
Formally adopted at the Parish Council Meeting held on 6th July 2006
Amended June 2007
Amended February 2008

1. MEETINGS

a) The Meetings of the Council shall be held each month (excluding August) in the Village Hall at 7.30pm, on the first Thursday of each month, unless the Parish Council decides otherwise.
b) The Public are invited to address the Council at 7.15 pm prior to each Meeting, or at all Meetings at the discretion of the Chairman, at a convenient time during the transaction of business, the Chairman may adjourn the Meeting to allow the Public to address the Meeting in relation to the business being transacted.

2. THE STATUTORY ANNUAL MEETING
a) The Statutory Annual Parish Council Meeting (formerly known as the Annual General Meeting), In an Election year, shall be held within 14 days following the day on which the Councillors elected take office.
b) In a year which is not an election year the Annual Parish Council Meeting shall be held on such day in May as the Council May direct.
c) In addition to the Statutory Annual Parish Council Meeting at least three other statutory meetings shall be held each year on such dates and times as the Council may direct.
3. CHAIRMAN OF THE MEETING
a) 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. PROPER OFFICER
Where a statute, regulation or order confers function or duties on the Proper Officer of the Council in the following cases, he shall be the Clerk or Nominated Officer:-
a) To receive and accept Declarations of Acceptance of Office.
b) To receive and record notices disclosing interests at Meetings.
c) To receive and retain plans and documents.
d) To sign notices or other documents on behalf of the Council.
e) To receive copies of bylaws made by another local authority.
f) To certify copies of bylaws made by the Council.
g) To sign and issue summons to attend the meetings of the Council.
h) To keep proper records for all Council Meetings.

5. QUORUM OF THE COUNCIL
Five Members shall constitute a Quorum at the Meetings of the Council.

6. If a Quorum is not present or if during the Meeting the number of Councillor’s present (not including those debarred by reason of a declared interest) falls below the required quorum, the Meeting shall be adjourned and business not transacted shall be transacted at the next Meeting of the Council or on such other day as the Chairman may fix.
7. For a Quorum relating to a Committee or Sub-Committee, please refer to Standing Order 44.

8. VOTING
Members shall vote by a show of hands or, if at least two Members so request, by signed ballot.
9. 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. Such a request must be made before moving on the next business.
10. (a) 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 whether or not he gave an 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 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.

11. ORDER OF BUSINESS
At each Annual Parish Council Meeting the first business shall be:-
a) To elect a Chairman of the Council.
b) To receive the Chairman’s declaration of acceptance of office or, if not received, to decide when it shall be received.
c) In the ordinary year of election of the Council to fill any vacancies left unfilled a 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 of the Council
f) To appoint representatives to outside bodies
g) To appoint Committees and Sub-Committees
h) To appoint liaison officers.
i) To inspect any deeds and trust investments 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 Parish Council 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) and undertaking to observe the Council’s Code of Conduct 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 the next year are settled, the Council shall review the pay and conditions of service of existing employees. Standing Order 37 must be read in conjunction with this requirement.
14. After the first business has been completed, the order of business, unless the Council decides otherwise on the grounds of urgency, shall be as follows:-
a) To read and consider the Minutes, provided that if a copy has been circulated to each Member not later that the day of issue of the summons to attend the Meeting the Minutes may be taken as read.
b) After consideration to approve the signature of the Minutes by the person presiding as a correct record.
c) To deal with business expressly as required by Statute to be done.
d) To dispose of business, if any, remaining from the last Meeting.
e) To receive such communications as the person presiding may wish to lay before Council.
f) To receive and consider special items of business notified by Members in Accordance with Standing Orders for resolutions or recommendations.
g) To receive and consider reports from District and County Council representatives.
h) To receive and consider reports from Committees and Sub-Committees.
i) To authorise the signing of Precepts and Orders for Payment.

15. URGENT BUSINESS
A motion to vary the order of business on the grounds of urgency may be proposed by the Chairman and may be put to the vote without being seconded and shall be put to the vote without discussion.

16. RESOLUTIONS MOVED ON NOTICE
17. Except as provided by these Standing Orders, no resolution may be moved unless the business to which it relates has been put on to 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 10 clear days before the next Meeting of Council.
18. The Clerk shall insert in the summons for every Meeting of the Council all notices of motion or recommendation properly in the order they have been received unless the Member giving the notice has stated in writing that he intends to move at some later meeting or 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 duties, which affects its area.

22. RESOLUTIONS MOVED WITHOUT NOTICE
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 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 amendment.
m) To extend the time limit for speeches.
n) To exclude the press and public. (see Standing Order 53 below)
o) To silence or eject from the Meeting a Member named for misconduct. (See Standing Order 32 below)
p) To give consent of the Council where such consent is required by these Standing Orders.
q) To suspend any Standing Order (See Standing Order 58 below)
r) To adjourn the Meeting.

QUESTIONS
23. A Member may ask the Chairman of the Council, Committee Chairmen or the Clerk any question concerning the business of the Council, provided that 10 clear days notice of the question has been given to whom the question is addressed.
24. No questions not connected with the 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 the question has been put may decline to answer or request time to research and provide the necessary reply.

RULES OF DEBATE
27. No discussion of the Minutes shall take place 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 shall not be discussed unless 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 given to him prior to the Meeting, before it is further discussed or put to the Meeting.
b) A Member when seconding a resolution or amendment may, if he then declares his intention to do so, reserve his speech until a later period of the debate.
c) A Member shall direct his speech to the question under discussion or to a personal explanation or to a question of order.
d) No speech by a mover of the resolution shall exceed 5 minutes and no other speech shall exceed 5 minutes except by consent of the Council.
e) An amendment shall be either:-
i) To leave out words.
ii) To leave out words and insert others.
iii) To insert or add words.
f) An amendment shall not have the effect of negating the resolution before the Council.
g) 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.
h) A further amendment shall not be moved until the Council has disposed of every amendment previously moved.
i) The mover of a resolution or amendment shall have a right of reply, not exceeding 5 minutes.
j) 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.
k) A Member may speak on a point of order or a personal explanation. A Member speaking for these purposes shall be heard forthwith. A personal explanation shall be confined to some material part of a former speech by him, which may have been misunderstood.
l) A motion or amendment may be withdrawn by the Councillor who proposed it, 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 was refused.
m) 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 leaves the Meeting.
vii) That the resolution be referred to Committee.
viii) To exclude the public and press.
ix) To adjourn the Meeting.

29. A Member may remain seated when speaking unless requested to stand by the Chairman.

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. Should two or more Members wish to speak then the Chairman shall decide on whom to call.
c) Whenever the Chairman speaks during a debate all other Members shall be silent.

31. CLOSURE
At the end of any speech a Member may, without comment, move ‘that the question now be put’, ‘that if the debate be now adjourned’ or ‘that the Council do now adjourn’. If such a motion is seconded, the Chairman shall put the motion but, in case of a motion ‘that the question now be put’, only if he 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 shall call upon the mover to exercise or waive his right of reply and shall put the question immediately after the 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 resumption.

32. DISORDERLY CONDUCT
a) All Members must observe the Revised Code of Conduct which was adopted by this Council at a Meeting held on 10th May 2007 Minute Para 5, a copy of the Code is annexed to these Standing Orders.
b) 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 bring the Council in to disrepute.
c) If in the opinion of the Chairman, a Member has broken the provisions of paragraph (b) of this Order, the Chairman shall express his opinion to the Council and thereafter any Member may move that the Member named be no longer heard or that the Member named leaves the Meeting and the motion if seconded, shall be put forthwith and without discussion. If a Member reasonably believes another Member is in breach of the Code of Conduct, that Member is under a duty to report the breach to the Standards Board.
d) If either of the motions mentioned in para (c) is disobeyed, the Chairman may adjourn the Meeting or take further steps as may reasonably be necessary to enforce them.

33. RIGHT OF REPLY
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 his right of reply shall not introduce a new matter. After the right to reply has been exercised or waived, a vote shall be taken without further discussion.

34. ALTERATION OF A RESOLUTION
A Member may, with the consent of his seconder, move amendments to his own resolution.

35. RESCISSION OF PREVIOUS RESOLUTION
a) A decision (whether affirmative or negative) of the Council shall not be reversed within six months except by a special resolution, the written notice whereof bears the names of at least 5 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.

36. VOTING ON APPOINTMENTS
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.

37. DISCUSSIONS AND RESOLUTIONS
AFFECTING EMPLOYEES OF THE COUNCIL
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 press and public shall be excluded. ( See Standing Order 53 )

38. RESOLUTIONS ON EXPENDITURE
Any resolution (which is moved otherwise than in pursuance of a recommendation of the Finance Committee or of another Committee after recommendation by the Finance Committee) and which, if carried, would, in the opinion of the Chairman, substantially increase the expenditure upon any service which is under the management of the Council or reduce 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 should consider whether it desires to report thereon (and the Finance Committee shall report on the financial aspects of the matters).

39. EXPENDITURE
Orders for the payment of money shall be authorised by Resolution of the Council and signed by two Members. Delegation of powers to the Finace & Generaal Purposes Committee to approve payments and receipts on a monthly basis to the individual cheque value of a maximum of £2,000.00 (two thousand pounds) - (Further information in the East Dean & Friston Parish Council Financial Regulations Adopted on 6th July 2006)

40. COMMITTEES AND SUB-COMMITTEES
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 Standing Order 35 above at any time dissolve or alter the Membership of Committee

41. The Chairman and Vice-Chairman, ex-officio, shall be voting Members of every Committee.

42. 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, if not already elected at the Annual Meeting, and shall settle its programme of Meetings for the year.

43. Every Committee may appoint Sub-Committees for purposes to be specified by the Committee. 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.

44. Except where ordered by the Council in the case of a Committee or Sub-Committee, the Quorum of a Committee or Sub-Committee shall be one half of its Members. The quorum for Planning, Rights of Way and Recreation Ground will be three, and Finance & General Purposes will be 4.

45. The Standing Orders on rules of debate (excepting those parts relating to standing and to speaking more than once) and the Standing Order on the Interests of Members in Contracts or other matters shall apply to Committee and Sub-Committee Meetings. .


SPECIAL MEETINGS
The Chairman of a Committee or the Chairman of the Council may summon an additional Meeting of any 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. ADVISORY COMMITTEES
a) The Council may create Advisory Committees, whose name, and number of Members and the bodies to be invited to nominate Members shall be specified.
b) The Clerk shall inform the Members of each advisory Committee, on written instructions from the Council, of the terms and reference of the Committee.
c) An advisory Committee may make recommendations and give notice thereof to the Council.
d) An advisory Committee may consist wholly of persons who are not Members of the Council.

47. VOTING IN COMMITTEES
Members of Committees and Sub-Committees entitled to vote, shall vote by a show of hands, or, if at least two Members so request by signed ballot. Chairmen of Committees and Sub-Committees shall in the case of an equality of votes have a second or casting vote.

48. PRESCENCE OF NON-MEMBERS OF COMMITTEES AT COMMITTEE MEETINGS
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.



49. ESTIMATES AND PRECEPT
The Council shall approve written estimates for the forthcoming financial year at its Meeting before the end of the month of December. Any Committee desiring to incur expenditure should give to the Clerk a written estimate of the expenditure not later than November each year.

50. INTERESTS
If a Member has a Personal Interest as defined by the Code of Conduct adopted by the Council at the Meeting held on 10th May 2007, then he shall declare such Interest as soon as it becomes apparent, disclosing the existence and nature of that Interest as required.

If a Member who has declared Personal Interest then considers the Interest to be Prejudicial, he must withdraw from the Meeting Room during consideration of the item to which the interest relates.

The Clerk may be required to compile and hold a Register of Interest’s of Members in accordance with the agreement reached with the Monitoring Officer of the Responsible Authority (Wealden District Council) and/or as required by Statute.

51. CANDIDATES
If a candidate for any appointment under the Council is to his knowledge related to any Member of or the holder of any office under the Council, he and the person to whom he is related shall disclose the relationship in writing to the Clerk. A Candidate who fails to do so shall be disqualified for such appointment, and if appointed, may be dismissed without notice. The Clerk shall report to the Council or to the appropriate Committee any such disclosure. Where a relationship to a Member is disclosed, Standing Order 50 shall apply.

52. INSPECTION OF DOCUMENTS
All Minutes kept by the Council and by any Committee shall be open for the inspection of any Member of the Council.

53. ADMISSION OF PRESS AND PUBLIC TO MEETINGS
The Public and Press shall be admitted to all Meetings of the Council, its Committee and its Sub-Committees, which may, however, temporarily exclude the Public and Press by means of the following Resolutions:-
‘That in view of the nature of the (special) / (confidential) nature of the business about to be transacted, it is advisable in the public interest that the Press and the Public be temporarily excluded and they are instructed to withdraw’
The Council shall state the reason for the exclusion.


No Audio or Video recordings of the Meetings are to be taken without the express approval of the Council.

If a Member of the Public interrupts the proceedings at any Meeting, the Chairman, may after warning, order that they be removed from the Meeting Room and may adjourn the Meeting for such a period as to restore order.

54. CONFIDENTIAL BUSINESS
No Member of the Councils or any if its Committees shall disclose to any person not a Member of the Council any business declared as Confidential by the Council. Any Member in breach of this provision shall be removed from any Committee by the Council.

55. LIAISON WITH COUNTY AND DISTRICT COUNCILLORS
A summons for each Meeting shall be sent to the County and District Councillors for the Ward.

56. PLANNING APPLICATIONS
The Clerk in conjunction with the Planning Committee Chairman shall keep a log of every Planning Application notified to the Council. Delegation of powers to the Planning Committee to consider and comment on behalf of the Council as a whole and submit documents to the Clerk for forwarding to Wealden District Council.

57. CODE OF CONDUCT ON COMPLAINTS
The Council shall deal with complaints of maladministration allegedly committed by the Council or by any Officer or Member in such a manner as adopted by the Council except for those complaints which should be properly directed to the Standards Board for consideration.

58. VARIATION, REVOCATION AND SUSPENSION OF STANDING ORDERS
Any or every part of the Standing Orders except those printed in bold italic type may be suspended by Resolution in relation to any specific item of business. A Resolution to permanently add, vary or revoke a Standing Order shall when proposed and seconded, stand adjourned without discussion to the next ordinary Meeting of the Council.

59. STANDING ORDERS
A printed copy of these Standing Orders shall be given to each Member by the Clerk upon delivery to him of the Member’s Declaration of Acceptance of Office and written undertaking to observe the Code of Conduct adopted by the Council.

Amended Feb 2008

The Clerk
Telephone: 01323 493024
Email: parishcouncil@eastdeanvillage.org.uk

This page last modified on: 06 January 2010