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Reed Parish Council
Standing Orders
Updated and adopted 1 March 2023
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INTRODUCTION
These Standing Orders are based on the National Association of Local Council (NALC)
model standing orders published in 2018.
1.
RULES OF DEBATE AT MEETINGS
a
Motions on the agenda shall be considered in the order that they appear unless
the order is changed at the discretion of the chair of the meeting.
b
A motion (including an amendment) shall not be progressed unless it has been
moved and seconded.
c
A motion on the agenda that is not moved by its proposer may be treated by the
chair of the meeting as withdrawn.
d
If a motion (including an amendment) has been seconded, it may be withdrawn
by the proposer only with the consent of the seconder and the meeting.
e
An amendment is a proposal to remove or add words to a motion. It shall not
negate the motion.
f
If an amendment to the original motion is carried, the original motion (as
amended) becomes the substantive motion upon which further amendment(s) may be
moved.
g
An amendment shall not be considered unless early verbal notice of it is given at
the meeting and, if requested by the chair of the meeting, is expressed in writing to the
chair.
h
A councillor may move an amendment to their own motion if agreed by the
meeting. If a motion has already been seconded, the amendment shall be with the
consent of the seconder and the meeting.
i
If there is more than one amendment to an original or substantive motion, the
amendments shall be moved in the order directed by the chair of the meeting.
j
Subject to standing order 1(k), only one amendment shall be moved and
debated at a time, the order of which shall be directed by the chair of the meeting.
k
One or more amendments may be discussed together if the chair of the meeting
considers this expedient but each amendment shall be voted upon separately.
l
A councillor may not move more than one amendment to an original or
substantive motion.
m
The mover of an amendment has no right of reply at the end of debate on it.
n
Where a series of amendments to an original motion are carried, the mover of
the original motion shall have a right of reply either at the end of debate on the first
amendment or at the very end of debate on the final substantive motion immediately
before it is put to the vote.
o
Unless permitted by the chair of the meeting, a councillor may speak once in the
debate on a motion except:
i.
to speak on an amendment moved by another councillor;
ii.
to move or speak on another amendment if the motion has been
amended since they last spoke;
iii.
to make a point of order;
iv.
to give a personal explanation; or
v.
to exercise a right of reply.
p
During the debate on a motion, a councillor may interrupt only on a point of
order or a personal explanation and the councillor who was interrupted shall stop
speaking. A councillor raising a point of order shall identify the standing order which
they consider has been breached or specify the other irregularity in the proceedings of
the meeting they are concerned by.
q
A point of order shall be decided by the chair of the meeting and this decision
shall be final.
r
When a motion is under debate, no other motion shall be moved except:
i.
to amend the motion;
ii.
to proceed to the next business;
iii.
to adjourn the debate;
iv.
to put the motion to a vote;
v.
to ask a person to be no longer heard or to leave the meeting;
vi.
to refer a motion to a committee or sub-committee for consideration;
vii.
to exclude the public and press;
viii.
to adjourn the meeting; or
ix.
to suspend particular standing order(s) excepting those which reflect
mandatory statutory or legal requirements.
s
Before an original or substantive motion is put to the vote, the chair of the
meeting shall be satisfied that the motion has been sufficiently debated and that the
mover of the motion under debate has exercised or waived their right of reply.
t
Excluding motions moved under standing order 1(r), the contributions or
speeches by a councillor shall relate only to the motion under discussion and shall not
exceed 5 minutes without the consent of the chair of the meeting.
2.
DISORDERLY CONDUCT AT MEETINGS
a
No person shall obstruct the transaction of business at a meeting or behave
offensively or improperly. If this standing order is ignored, the chair of the meeting
shall request such person(s) to moderate or improve their conduct.
b
If person(s) disregard the request of the chair of the meeting to moderate or
improve their conduct, any councillor or the chair of the meeting may move that the
person be no longer heard or be excluded from the meeting. The motion, if seconded,
shall be put to the vote without discussion.
c
If a resolution made under standing order 2(b) is ignored, the chair of the
meeting may take further reasonable steps to restore order or to progress the
meeting. This may include temporarily suspending or closing the meeting.
3.
MEETINGS GENERALLY
Full Council meetings
Committee meetings
Sub-committee meetings
a
Meetings shall not take place in premises which at the time of the
meeting are used for the supply of alcohol, unless no other premises
are available free of charge or at a reasonable cost.
b
The minimum three clear days for notice of a meeting does not include
the day on which notice was issued, the day of the meeting, a Sunday, a
day of the Christmas break, a day of the Easter break or of a bank
holiday or a day appointed for public thanksgiving or mourning.
c
The minimum three clear days’ public notice for a meeting does not
include the day on which the notice was issued or the day of the
meeting unless the meeting is convened at shorter notice.
d
Meetings shall be open to the public unless their presence is prejudicial
to the public interest by reason of the confidential nature of the
business to be transacted or for other special reasons. The public’s
exclusion from part or all of a meeting shall be by a resolution which
shall give reasons for the public’s exclusion.
e
Members of the public may make representations, answer questions and
give evidence at a meeting which they are entitled to attend in respect of the
business on the agenda.
f
The period of time designated for public participation at a meeting in
accordance with standing order 3(e) shall not exceed 15 minutes unless
directed by the chair of the meeting.
g
Subject to standing order 3(f), a member of the public shall not speak for
more than 5 minutes.
h
In accordance with standing order 3(e), a question shall not require a
response at the meeting nor start a debate on the question. The chair of the
meeting may direct that a written or oral response be given.
i
[not applicable]
j
A person who speaks at a meeting shall direct their comments to the chair of
the meeting.
k
Only one person is permitted to speak at a time. If more than one person
wants to speak, the chair of the meeting shall direct the order of speaking.
l
Subject to standing order 3(m), a person who attends a meeting is
permitted to report on the meeting whilst the meeting is open to the
public. To “report” means to film, photograph, make an audio recording
of meeting proceedings, use any other means for enabling persons not
present to see or hear the meeting as it takes place or later or to report
or to provide oral or written commentary about the meeting so that
the report or commentary is available as the meeting takes place or
later to persons not present.
m
A person present at a meeting may not provide an oral report or oral
commentary about a meeting as it takes place without permission.
n
The press shall be provided with reasonable facilities for the taking of
their report of all or part of a meeting at which they are entitled to be
present.
o
Subject to standing orders which indicate otherwise, anything
authorised or required to be done by, to or before the Chair of the
Council may in the Chair’s absence be done by, to or before the Vice-
Chair of the Council (if there is one).
p
The Chair of the Council, if present, shall preside at a meeting. If the
Chair is absent from a meeting, the Vice-Chair of the Council (if there is
one) if present, shall preside. If both the Chair and the Vice-Chair are
absent from a meeting, a councillor as chosen by the councillors
present at the meeting shall preside at the meeting.
q
Subject to a meeting being quorate, all questions at a meeting shall be
decided by a majority of the councillors and non-councillors with voting
rights present and voting.
r
The chair of a meeting may give an original vote on any matter put to
the vote, and in the case of an equality of votes may exercise a casting
vote whether or not the Chair gave an original vote.
See standing orders 5(h) and (i) for the different rules that apply in the election of
the Chair of the Council at the annual meeting of the Council.
s
Unless standing orders provide otherwise, voting on a question shall be
by a show of hands. At the request of a councillor, the voting on any
question shall be recorded so as to show whether each councillor
present and voting gave their 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 include an accurate record of the following:
i.
the time and place of the meeting;
ii.
the names of councillors who are present and the names of
councillors who are absent;
iii.
interests that have been declared by councillors and non-councillors
with voting rights;
iv.
the grant of dispensations (if any) to councillors and non-councillors
with voting rights;
v.
whether a councillor or non-councillor with voting rights left the
meeting when matters that they held interests in were being
considered;
vi.
if there was a public participation session; and
vii.
the resolutions made.
u
A councillor or a non-councillor with voting rights who has a disclosable
pecuniary interest or another interest as set out in the Council’s code
of conduct in a matter being considered at a meeting is subject to
statutory limitations or restrictions under the code on their right to
participate and vote on that matter.
v
No business may be transacted at a meeting unless at least one-third of
the whole number of members of the Council are present and in no
case shall the quorum of a meeting be less than three.
See standing order 4d(viii) for the quorum of a committee or sub-committee
meeting.
w
If a meeting is or becomes inquorate no business shall be transacted
and the meeting shall be closed. The business on the agenda for the
meeting shall be adjourned to another meeting.
x
A meeting shall not exceed a period of 2.5 hours unless the meeting agrees.
4.
COMMITTEES AND SUB-COMMITTEES
a
Unless the Council determines otherwise, a committee may appoint a sub-
committee whose terms of reference and members shall be determined by the
committee.
b
The members of a committee may include non-councillors unless it is a
committee which regulates and controls the finances of the Council.
c
Unless the Council determines otherwise, all the members of an advisory
committee and a sub-committee of the advisory committee may be non-
councillors.
d
The Council may appoint standing committees or other committees as may be
necessary, and:
i.
shall determine their terms of reference;
ii.
shall determine the number and time of the ordinary meetings of a standing
committee up until the date of the next annual meeting of the Council;
iii.
shall permit a committee, other than in respect of the ordinary meetings of a
committee, to determine the number and time of its meetings;
iv.
shall, subject to standing orders 4(b) and (c), appoint and determine the terms
of office of members of such a committee;
v.
may, subject to standing orders 4(b) and (c), appoint and determine the terms
of office of the substitute members to a committee whose role is to replace the
ordinary members at a meeting of a committee if the ordinary members of the
committee confirm to the Proper Officer 1 day before the meeting that they are
unable to attend;
vi.
shall, after it has appointed the members of a standing committee, appoint the
chair of the standing committee;
vii.
shall permit a committee other than a standing committee, to appoint its own
chair at the first meeting of the committee;
viii.
shall determine the place, notice requirements and quorum for a meeting of a
committee and a sub-committee which, in both cases, shall be no less than
three;
ix.
shall determine if the public may participate at a meeting of a committee;
x.
shall determine if the public and press are permitted to attend the meetings of
a sub-committee and also the advance public notice requirements, if any,
required for the meetings of a sub-committee;
xi.
shall determine if the public may participate at a meeting of a sub-committee
that they are permitted to attend; and
xii.
may dissolve a committee or a sub-committee.
5.
ORDINARY COUNCIL MEETINGS
a
In an election year, the annual meeting of the Council shall be held on or within
14 days following the day on which the councillors elected take office.
b
In a year which is not an election year, the annual meeting of the Council shall
be held on such day in May as the Council decides.
c
If no other time is fixed, the annual meeting of the Council shall take place at
6pm.
d
In addition to the annual meeting of the Council, at least three other ordinary
meetings shall be held in each year on such dates and times as the Council
decides.
e
The first business conducted at the annual meeting of the Council shall be the
election of the Chair and Vice-Chair (if there is one) of the Council.
f
the Chair of the Council, unless they have resigned or become disqualified, shall
continue in office and preside at the annual meeting until a successor is
elected at the next annual meeting of the Council.
g
The Vice-Chair of the Council, if there is one, unless they resign or become
disqualified, shall hold office until immediately after the election of the Chair
of the Council at the next annual meeting of the Council.
h
In an election year, if the current Chair of the Council has not been re-elected
as a member of the Council, they shall preside at the annual meeting until a
successor Chair of the Council has been elected. The current Chair of the
Council shall not have an original vote in respect of the election of the new
Chair of the Council but shall give a casting vote in the case of an equality of
votes.
i
In an election year, if the current Chair of the Council has been re-elected as a
member of the Council, they shall preside at the annual meeting until a new
Chair of the Council has been elected. He may exercise an original vote in
respect of the election of the new Chair of the Council and shall give a casting
vote in the case of an equality of votes.
j
Following the election of the Chair of the Council and Vice-Chair (if there is one) of the
Council at the annual meeting, the business shall include:
i.
In an election year, delivery by the Chair of the Council and councillors of
their acceptance of office forms unless the Council resolves for this to be
done at a later date. In a year which is not an election year, delivery by
the Chair of the Council of their acceptance of office form unless the
Council resolves for this to be done at a later date;
ii.
Confirmation of the accuracy of the minutes of the last meeting of the Council;
iii.
Receipt of the minutes of the last meeting of a committee;
iv.
Consideration of the recommendations made by a committee;
v.
Review of delegation arrangements to committees, sub-committees, staff and
other local authorities;
vi.
Review of the terms of reference for committees;
vii.
Appointment of members to existing committees;
viii.
Appointment of any new committees in accordance with standing order 4;
ix.
Review and adoption of appropriate standing orders and financial regulations;
x.
Review of arrangements (including legal agreements) with other local
authorities, not-for-profit bodies and businesses.
xi.
Review of representation on or work with external bodies and arrangements
for reporting back;
xii.
In an election year, to make arrangements with a view to the Council becoming
eligible to exercise the general power of competence in the future;
xiii.
Review of inventory of land and other assets including buildings and office
equipment;
xiv.
Confirmation of arrangements for insurance cover in respect of all insurable
risks;
xv.
Review of the Council’s and/or staff subscriptions to other bodies;
xvi.
Review of the Council’s complaints procedure;
xvii.
Review of the Council’s policies, procedures and practices in respect of its
obligations under freedom of information and data protection legislation (see
also standing orders 11, 20 and 21);
xviii.
Review of the Council’s policy for dealing with the press/media;
xix.
Review of the Council’s employment policies and procedures;
xx.
Review of the Council’s expenditure incurred under s.137 of the Local
Government Act 1972 or the general power of competence.
xxi.
Determining the time and place of ordinary meetings of the Council up to and
including the next annual meeting of the Council.
6.
EXTRAORDINARY MEETINGS OF THE COUNCIL, COMMITTEES AND
SUB-COMMITTEES
a
The Chair of the Council may convene an extraordinary meeting of the Council
at any time.
b
If the Chair of the Council does not call an extraordinary meeting of the Council
within seven days of having been requested in writing to do so by two
councillors, any two councillors may convene an extraordinary meeting of the
Council. The public notice giving the time, place and agenda for such a meeting
shall be signed by the two councillors.
c
The chair of a committee may convene an extraordinary meeting of the committee at
any time.
d
If the chair of a committee does not call an extraordinary meeting within 7 days of
having been requested to do so by 2 members of the committee, any 2 members of
the committee may convene an extraordinary meeting of the committee.
7.
PREVIOUS RESOLUTIONS
a
A resolution shall not be reversed within six months except either by a special
motion, which requires written notice by at least 2 councillors to be given to the
Proper Officer in accordance with standing order 9, or by a motion moved in
pursuance of the recommendation of a committee or a sub-committee.
b
When a motion moved pursuant to standing order 7(a) has been disposed of, no
similar motion may be moved for a further six months.
8.
VOTING ON APPOINTMENTS
a
Where more than two persons have been nominated for a position to be filled by the
Council and none of those persons has received an absolute majority of votes in their
favour, the name of the person having the least number of votes shall be struck off
the list and a fresh vote taken. This process shall continue until a majority of votes is
given in favour of one person. A tie in votes may be settled by the casting vote
exercisable by the chair of the meeting.
9.
MOTIONS FOR A MEETING THAT REQUIRE WRITTEN NOTICE TO BE
GIVEN TO THE PROPER OFFICER
a
A motion shall relate to the responsibilities of the meeting for which it is tabled and in
any event shall relate to the performance of the Council’s statutory functions, powers
and obligations or an issue which specifically affects the Council’s area or its
residents.
b
No motion may be moved at a meeting unless it is on the agenda and the mover has
given written notice of its wording to the Proper Officer at least 7 clear days before
the meeting. Clear days do not include the day of the notice or the day of the
meeting.
c
The Proper Officer may, before including a motion on the agenda received in
accordance with standing order 9(b), correct obvious grammatical or typographical
errors in the wording of the motion.
d
If the Proper Officer considers the wording of a motion received in accordance with
standing order 9(b) is not clear in meaning, the motion shall be rejected until the
mover of the motion resubmits it, so that it can be understood, in writing, to the
Proper Officer at least 5 clear days before the meeting.
e
If the wording or subject of a proposed motion is considered improper, the Proper
Officer shall consult with the chair of the forthcoming meeting or, as the case may
be, the councillors who have convened the meeting, to consider whether the motion
shall be included in the agenda or rejected.
f
The decision of the Proper Officer as to whether or not to include the motion on the
agenda shall be final.
g
Motions received shall be recorded and numbered in the order that they are
received.
h
Motions rejected shall be recorded with an explanation by the Proper Officer of the
reason for rejection.
11.
MANAGEMENT OF INFORMATION
See also standing order 20.
a
The Council shall have in place and keep under review, technical and
organisational measures to keep secure information (including personal data)
which it holds in paper and electronic form. Such arrangements shall include
deciding who has access to personal data and encryption of personal data.
b
The Council shall have in place, and keep under review, policies for the
retention and safe destruction of all information (including personal data)
which it holds in paper and electronic form. The Council’s retention policy shall
confirm the period for which information (including personal data) shall be
retained or if this is not possible the criteria used to determine that period (e.g.
the Limitation Act 1980).
c
The agenda, papers that support the agenda and the minutes of a meeting shall
not disclose or otherwise undermine confidential information or personal data
without legal justification.
d
Councillors, staff, the Council’s contractors and agents shall not disclose
confidential information or personal data without legal justification.
12
DRAFT MINUTES
Full Council meetings
Committee meetings
Sub-committee meetings
a
If the draft minutes of a preceding meeting have been served on councillors with the
agenda to attend the meeting at which they are due to be approved for accuracy, they
shall be taken as read.
b
There shall be no discussion about the draft minutes of a preceding meeting except
in relation to their accuracy. A motion to correct an inaccuracy in the draft minutes
shall be moved in accordance with standing order 10(a)(i).
c
The accuracy of draft minutes, including any amendment(s) made to them, shall be
confirmed by resolution and shall be signed by the chair of the meeting and stand as
an accurate record of the meeting to which the minutes relate.
d
If the chair of the meeting does not consider the minutes to be an accurate record of
the meeting to which they relate, they shall sign the minutes and include a paragraph
in the following terms or to the same effect:
“The chair 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 that view was
not upheld by the meeting and the minutes are confirmed as an accurate
record of the proceedings.”
e
If the Council’s gross annual income or expenditure (whichever is higher) does
not exceed £25,000, it shall publish draft minutes on a website which is publicly
accessible and free of charge not later than one month after the meeting has
taken place.
f
Subject to the publication of draft minutes in accordance with standing order 12(e)
and standing order 20(a) and following a resolution which confirms the accuracy of
the minutes of a meeting, the draft minutes or recordings of the meeting for which
approved minutes exist shall be destroyed.
13.
CODE OF CONDUCT AND DISPENSATIONS
See also standing order 3(u).
a
All councillors and non-councillors with voting rights shall observe the code of
conduct adopted by the Council.
b
Unless they have been granted a dispensation, a councillor or non-councillor with
voting rights shall withdraw from a meeting when it is considering a matter in which
they have a disclosable pecuniary interest. They may return to the meeting after it
has considered the matter in which they had the interest.
c
Unless they have been granted a dispensation, a councillor or non-councillor with
voting rights shall withdraw from a meeting when it is considering a matter in which
they has another interest if so required by the Council’s code of conduct. They may
return to the meeting after it has considered the matter in which they had the
interest.
d
Dispensation requests shall be in writing and submitted to the Proper Officer as
soon as possible before the meeting, or failing that, at the start of the meeting for
which the dispensation is required.
e
A decision as to whether to grant a dispensation shall be made by the Proper Officer
and that decision is final.
f
A dispensation request shall confirm:
i.
the description and the nature of the disclosable pecuniary interest or other
interest to which the request for the dispensation relates;
ii.
whether the dispensation is required to participate at a meeting in a discussion
only or a discussion and a vote;
iii.
the date of the meeting or the period (not exceeding four years) for which the
dispensation is sought; and
iv.
an explanation as to why the dispensation is sought.
g
Subject to standing orders 13(d) and (f), a dispensation request shall be considered by
the Proper Officer before the meeting or, if this is not possible, at the start of the
meeting for which the dispensation is required.
h
A dispensation may be granted in accordance with standing order 13(e) if
having regard to all relevant circumstances any of the following apply:
i.
without the dispensation the number of persons prohibited from
participating in the particular business would be so great a proportion of
the meeting transacting the business as to impede the transaction of the
business;
ii.
granting the dispensation is in the interests of persons living in the
Council’s area; or
iii.
it is otherwise appropriate to grant a dispensation.
14.
CODE OF CONDUCT COMPLAINTS
a
Upon notification by the District or Unitary Council that it is dealing with a complaint
that a councillor or non-councillor with voting rights has breached the Council’s code
of conduct, the Proper Officer shall, subject to standing order 11, report this to the
Council.
b
Where the notification in standing order 14(a) relates to a complaint made by the
Proper Officer, the Proper Officer shall notify the Chair of Council of this fact, and the
Chair shall nominate another staff member to assume the duties of the Proper
Officer in relation to the complaint until it has been determined and the Council has
agreed what action, if any, to take in accordance with standing order 14(d).
c
The Council may:
i.
provide information or evidence where such disclosure is necessary to
investigate the complaint or is a legal requirement;
ii.
seek information relevant to the complaint from the person or body with
statutory responsibility for investigation of the matter;
d
Upon notification by the District or Unitary Council that a councillor or non-
councillor with voting rights has breached the Council’s code of conduct, the
Council shall consider what, if any, action to take against them. Such action
excludes disqualification or suspension from office.
15.
PROPER OFFICER
a
The Proper Officer shall be either (i) the clerk or (ii) other staff member(s) nominated
by the Council to undertake the work of the Proper Officer when the Proper Officer is
absent.
b
The Proper Officer shall:
i.
at least three clear days before a meeting of the council, a committee or a
sub-committee,
•
serve on councillors by delivery or post at their residences or by
email authenticated in such manner as the Proper Officer thinks fit,
a signed summons confirming the time, place and the agenda
(provided the councillor has consented to service by email), and
•
Provide, in a conspicuous place, public notice of the time, place and
agenda (provided that the public notice with agenda of an
extraordinary meeting of the Council convened by councillors is
signed by them).
See standing order 3(b) for the meaning of clear days for a meeting of a full council and
standing order 3(c) for the meaning of clear days for a meeting of a committee;
ii.
subject to standing order 9, include on the agenda all motions in the order received
unless a councillor has given written notice at least 3 days before the meeting
confirming their withdrawal of it;
iii.
convene a meeting of the Council for the election of a new Chair of the Council,
occasioned by a casual vacancy in that office;
iv.
facilitate inspection of the minute book by local government electors;
v.
receive and retain copies of byelaws made by other local authorities;
vi.
hold acceptance of office forms from councillors;
vii.
hold a copy of every councillor’s register of interests;
viii.
assist with responding to requests made under freedom of information legislation
and rights exercisable under data protection legislation, in accordance with the
Council’s relevant policies and procedures;
ix.
liaise, as appropriate, with the Council’s Data Protection Officer (if there is one);
x.
receive and send general correspondence and notices on behalf of the Council except
where there is a resolution to the contrary;
xi.
assist in the organisation of, storage of, access to, security of and destruction of
information held by the Council in paper and electronic form subject to the
requirements of data protection and freedom of information legislation and other
legitimate requirements (e.g. the Limitation Act 1980);
xii.
arrange for legal deeds to be executed;
(see also standing order 23);
xiii.
arrange or manage the prompt authorisation, approval, and instruction regarding any
payments to be made by the Council in accordance with its financial regulations;
xiv.
record every planning application notified to the Council and the Council’s response
to the local planning authority in a book for such purpose;
xv.
refer a planning application received by the Council to the Chair or in their absence
the Vice-Chair (if there is one) of the CouncilChairChair within two working days of
receipt to facilitate an extraordinary meeting if the nature of a planning application
requires consideration before the next ordinary meeting of the Council;
xvi.
manage access to information about the Council via the publication scheme; and
xvii.
retain custody of the seal of the Council (if there is one) which shall not be used
without a resolution to that effect.
(see also standing order 23).
16.
RESPONSIBLE FINANCIAL OFFICER
a
The Council shall appoint appropriate staff member(s) to undertake the work of the
Responsible Financial Officer when the Responsible Financial Officer is absent.
17.
ACCOUNTS AND ACCOUNTING STATEMENTS
a
“Proper practices” in standing orders refer to the most recent version of “Governance
and Accountability for Local Councils – a Practitioners’ Guide”.
b
All payments by the Council shall be authorised, approved and paid in accordance
with the law, proper practices and the Council’s financial regulations.
c
The Responsible Financial Officer shall supply to each councillor as soon as
practicable after 30 June, 30 September and 31 December in each year a statement
to summarise:
i.
the Council’s receipts and payments (or income and expenditure) for each
quarter;
ii.
the Council’s aggregate receipts and payments (or income and expenditure) for
the year to date;
iii.
the balances held at the end of the quarter being reported and
which includes a comparison with the budget for the financial year and highlights any
actual or potential overspends.
d
As soon as possible after the financial year end at 31 March, the Responsible
Financial Officer shall provide:
i.
each councillor with a statement summarising the Council’s receipts and payments
(or income and expenditure) for the last quarter and the year to date for information;
and
ii.
to the Council the accounting statements for the year in the form of Section 2 of the
annual governance and accountability return, as required by proper practices, for
consideration and approval.
e
The year-end accounting statements shall be prepared in accordance with proper
practices and apply the form of accounts determined by the Council (receipts and
payments, or income and expenditure) for the year to 31 March. A completed draft
annual governance and accountability return shall be presented to all councillors at
least 14 days prior to anticipated approval by the Council. The annual governance
and accountability return of the Council, which is subject to external audit, including
the annual governance statement, shall be presented to the Council for consideration
and formal approval before 30 June.
18.
FINANCIAL CONTROLS AND PROCUREMENT
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 keeping of accounting records and systems of internal controls;
ii.
the assessment and management of financial risks faced by the Council;
iii.
the work of the independent internal auditor in accordance with proper
practices and the receipt of regular reports from the internal auditor, which
shall be required at least annually;
iv.
the inspection and copying by councillors and local electors of the Council’s
accounts and/or orders of payments; and
v.
whether contracts with an estimated value below £25,000 due to special
circumstances are exempt from a tendering process or procurement exercise.
b.
Financial regulations shall be reviewed regularly and at least annually for fitness of
purpose.
c.
A public contract regulated by the Public Contracts Regulations 2015 with an
estimated value in excess of £25,000 but less than the relevant thresholds
referred to in standing order 18(f) is subject to the “light touch” arrangements
under Regulations 109-114 of the Public Contracts Regulations 2015 unless it
proposes to use an existing list of approved suppliers (framework agreement).
d.
Subject to additional requirements in the financial regulations of the Council, the
tender process for contracts for the supply of goods, materials, services or the
execution of works shall include, as a minimum, the following steps:
i.
a specification for the goods, materials, services or the execution of works shall
be drawn up;
ii.
an invitation to tender shall be drawn up to confirm (i) the Council’s
specification (ii) the time, date and address for the submission of tenders (iii)
the date of the Council’s written response to the tender and (iv) the prohibition
on prospective contractors contacting councillors or staff to encourage or
support their tender outside the prescribed process;
iii.
the invitation to tender shall be advertised in a local newspaper and in any
other manner that is appropriate;
iv.
tenders are to be submitted in writing in a sealed marked envelope addressed
to the Proper Officer;
v.
tenders shall be opened by the Proper Officer in the presence of at least one
councillor after the deadline for submission of tenders has passed;
vi.
tenders are to be reported to and considered by the appropriate meeting of
the Council or a committee or sub-committee with delegated responsibility.
e.
Neither the Council, nor a committee or a sub-committee with delegated
responsibility for considering tenders, is bound to accept the lowest value tender.
f.
Where the value of a contract is likely to exceed the threshold specified by the
Office of Government Commerce from time to time, the Council must consider
whether the Public Contracts Regulations 2015 or the Utilities Contracts
Regulations 2016 apply to the contract and, if either of those Regulations apply,
the Council must comply with procurement rules. NALC’s procurement
guidance contains further details.
19.
HANDLING STAFF MATTERS
a
A matter personal to a member of staff that is being considered by a meeting of the
Staffing committee is subject to standing order 11.
b
Subject to the Council’s policy regarding absences from work, the Council’s most
senior member of staff shall notify the chair of the Staffing committee or, if the chair
is not available, the vice-chair (if there is one) of the Staffing committee of absence
occasioned by illness or other reason and that person shall report such absence to
the Staffing committee at its next meeting.
c
The chair of the Staffing committee or in the chair’s absence, the vice-chair shall upon
a resolution conduct a review of the performance and annual appraisal of the work of
the Parish Clerk/Responsible Finance Officer, and any other staff. The reviews and
appraisal shall be reported in writing and are subject to approval by resolution by the
Staffing committee.
d
Subject to the Council’s policy regarding the handling of grievance matters, the
Council’s most senior member of staff (or other members of staff) shall contact the
chair of the Staffing committee or in the chair’s absence, the vice-chair of the Staffing
committee in respect of an informal or formal grievance matter, and this matter shall
be reported back and progressed by resolution of the Staffing committee.
e
Subject to the Council’s policy regarding the handling of grievance matters, if an
informal or formal grievance matter raised by the Parish Clerk/Responsible Finance
Officer, and any other staff relates to the chair or vice-chair of the Staffing committee,
this shall be communicated to another member of the Staffing committee, which
shall be reported back and progressed by resolution of the Staffing committee.
f
Any persons responsible for all or part of the management of staff shall treat as
confidential the written records of all meetings relating to their performance,
capabilities, grievance or disciplinary matters.
g
In accordance with standing order 11(a), persons with line management
responsibilities shall have access to staff records referred to in standing order 19(f).
20.
RESPONSIBILITIES TO PROVIDE INFORMATION
See also standing order 21.
a
In accordance with freedom of information legislation, the Council shall publish
information in accordance with its publication scheme and respond to requests
for information held by the Council.
b.
The Council shall publish information in accordance with the requirements of
the Smaller Authorities (Transparency Requirements) (England) Regulations
2015.
21.
RESPONSIBILITIES UNDER DATA PROTECTION LEGISLATION
(Below is not an exclusive list).
See also standing order 11.
a
The Council may appoint a Data Protection Officer.
b
The Council shall have policies and procedures in place to respond to an
individual exercising statutory rights concerning their personal data.
c
The Council shall have a written policy in place for responding to and managing
a personal data breach.
d
The Council shall keep a record of all personal data breaches comprising the
facts relating to the personal data breach, its effects and the remedial action
taken.
e
The Council shall ensure that information communicated in its privacy notice(s)
is in an easily accessible and available form and kept up to date.
f
The Council shall maintain a written record of its processing activities.
22.
RELATIONS WITH THE PRESS/MEDIA
a
Requests from the press or other media for an oral or written comment or statement
from the Council, its councillors or staff shall be handled in accordance with the
Council’s policy in respect of dealing with the press and/or other media.
23.
EXECUTION AND SEALING OF LEGAL DEEDS
See also standing orders 15(b)(xii) and (xvii).
a
A legal deed shall not be executed on behalf of the Council unless authorised by a
resolution.
Subject to standing order 23(a), any two councillors may sign, on behalf of the
Council, any deed required by law and the Proper Officer shall witness their
signatures.
The above is applicable to a Council without a common seal.
24.
COMMUNICATING WITH DISTRICT AND COUNTY OR UNITARY
COUNCILLORS
a
An invitation to attend a meeting of the Council shall be sent, together with the
agenda, to the ward councillor(s) of the District and County Council OR Unitary
Council representing the area of the Council.
b
Unless the Council determines otherwise, a copy of each letter sent to the District
and County Council OR Unitary Council shall be sent to the ward councillor(s)
representing the area of the Council.
25.
RESTRICTIONS ON COUNCILLOR ACTIVITIES
a.
Unless duly authorised no councillor shall:
i.
inspect any land and/or premises which the Council has a right or duty to inspect; or
ii.
issue orders, instructions or directions.
26.
STANDING ORDERS GENERALLY
a
All or part of a standing order, except one that incorporates mandatory statutory or
legal requirements, may be suspended by resolution in relation to the consideration
of an item on the agenda for a meeting.
b
A motion to add to or vary or revoke one or more of the Council’s standing orders,
except one that incorporates mandatory statutory or legal requirements, shall be
proposed by a special motion, the written notice by at least 2 councillors to be given
to the Proper Officer in accordance with standing order 9.
c
The Proper Officer shall provide a copy of the Council’s standing orders to a councillor
as soon as possible.
d
The decision of the chair of a meeting as to the application of standing orders at the
meeting shall be final.