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Standing Orders for Woodborough Parish Council

Meetings  
1

The Statutory Annual Meeting  (a) in an election year shall be held on the Monday 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 second Monday in May.
Chairman of Meeting  
2
The person presiding at a meeting may exercise all the powers and duties of the Chairman in relation to the conduct of the meeting.
Proper Officer
3
Where a statute, regulation or order confers functions or duties on the proper officer of the Council that person shall be the clerk.
Quorum
4
Four  members shall constitute a quorum.
Voting
5
Members shall vote by show of hands, or, if at least two members so request, by signed ballot.
6
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.
7
Subject to (8) and (9) below the Chairman may give an original vote on any matter put to the vote, and in case of an equality of votes may give a casting vote even though he gave no original vote.
8
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.
9
The person presiding must give a casting vote whenever there is an equality of votes in an election for Chairman.
10
At each Annual Meeting for 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 declaration of acceptance of office which have not been received as provided by law shall be received.  
e)  To elect a Vice-Chairman
11
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.
12
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:
a)  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.  
b)  After consideration to approve the signature of the Minutes by the person presiding as a correct record.  
c)  To deal with business expressly required by statute to be done.
13
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
14
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.
15
The Clerk shall insert in the summons for every meeting all notices of motion or recommendation properly given.
16
Every resolution or recommendation shall be relevant to some subject over which the Council has power or which affects its area.
Rules of Debate
17
a)  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.
b)
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 handed to him before it is further discussed or put to the meeting.
Disorderly Conduct
18
(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 to 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.  
Discussions and Resolutions Affecting Employees of the Council
19
If at a meeting there arises any question relation to the appointment, conduct, promotion, dismissal, salary or condition of service, of any per son 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. 37).
Expenditure
20
Orders for the payment of money shall be authorised by resolution of the Council and signed by two members.
Sealing of Documents
21
(a)  A document shall not be executed on behalf of the Council unless its sealing has been authorised by the resolution.  
*[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.]
Accounts and Financial Statement
22
(a)  Except as provided in paragraph (b) of this Standard Order or by statute, all accounts for payments 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 Clerk to the Council.  Such payment shall be authorised by the committee, if any, having charge of the business to which it relates, or by the Clerk after consultation with 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.
23
The Clerk shall supply to each member at the ordinary meeting next after the end of each Financial Year a statement of receipts and payments for that year.
24
The Clerk will maintain proper records of all transactions on a receipt and payment basis.  The Clerk will prepare half yearly, a statement of income and expenditure for submission to the Council at the November meeting.  Full annual accounts will be prepared and submitted to the Council as soon as possible after the financial year ends.
25
The Clerk is responsible for the preparation of the annual budget for approval by the Parish Council.  Revenue and capital budgets will be prepared where necessary.
26
The full Council will consider, approve, and adopt the budget and authorise the issue of a precept upon the District Council at its January meeting.
27
The Clerk will be responsible for ensuring that the Parish Council comply with the accounts and audit regulations 1996 or any amendment thereof including making available for 15 working days prior to audit the accounts and other documents required for the accounts prior to audit.
Interests
28
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 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 by those sections has been removed by the District Council; or
(b)  The Council invite him 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.
29
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.

30
If any member has a non-pecuniary interest within the ambit of the National Code of Local Government Conduct he shall declare it and thereupon be invited to withdrawn from the meeting.

31
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 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 Standard Order 30 shall apply.

The Clerk shall make known the purport of this Standing order to every candidate.

32
Canvassing of and Recommendations by Members

(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.

33
Standing Orders Nos. 31 and 32 shall apply to tenders as if the person making the tender were a candidate for an appointment.


Inspection of Documents

34
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.

35
All Minutes kept by the Council and by any committee shall be open for the inspection of any member of the Council.

Unauthorised Activities

36
No member of the Council or of any committee or sub-committee 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.


Admission of the Public and Press to the Meetings

37
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 be stated.  If a person’s advice or assistance is needed they may be invited (by name) to remain after the exclusion resolution passed.)

38
The Clerk shall afford to the press reasonable facilities for taking their report of any proceedings at which they are entitled to be present.

39
If a member of the public interrupts the proceedings at any meeting, the chairman may, after warning, order that he be removed from the Council Chamber.


Confidential Business

40
(a)  No member of the Council or of any committee or sub-committee 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

41
A notice of meeting shall be sent together with an invitation to attend to the District Councillor or Councillors for the district ward.


Planning Applications

42
(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 applications.


(b)  The Clerk shall refer every planning application to the member responsible for planning.

 

Stranding Order on Contracts

43
(a)  Where it is intended to seek tenders for a contract:
(i)   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, seeking parties interested in submitting a quote or tender for the contract in question, to submit their details, in the same manner as public notice of meetings of the Council is given.
(ii)  exceeding £10,000 similar notice shall be given in addition in such newspapers circulating in the district as the Council shall direct. 

Any such notice shall state the general nature of the intended contract and state the name and address of the person to whom interested parties details should be sent and the last date by which those details should reach that person in the ordinary course of the post.

(b)  In determining which companies shall be invited to tender, the same criteria must be applied to all responses to notices detailed in paragraph (a) above.  

(c)  In seeking tenders for any contract over £1,000, a specification shall be provided, along with any Conditions of Contract which will apply, and details for the submission of tenders:
(i)  Those exceeding £1,000 but not exceeding £10,000, should be in writing and submitted by a certain date. 
(ii)  Those exceeding £10,000, should be returned in plain sealed envelopes bearing no name or mark indicating the sender.  These shall be opened by the Clerk or other person, to whom tenders are required to be addressed on the date specified pursuant to paragraph (c), 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 at it thinks fit.

(f)  A notice issued under this standing order shall contain a statement of the effect of Standing Orders Nos. 31,32 and 33.

 

Code of Conduct on Complaints

44
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

45
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 to be Given to Members

46
A 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.

March 2001

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