Policies & Procedures – Timberland and Thorpe Tilney Parish Council

Standing Orders

Some of the Standing Orders contain statutory requirements. These are compulsory and are printed in bold type

1. Annual parish council meetings

a. In an election year, the annual meeting of the council must be held on or within 14 days following the day on which the new councillors elected take office.

b. In a year that is not an election year, the annual meeting of a council must be held on such day in May as the council may direct.

c. If no other time is fixed, the annual meeting of the council must take place at 7.30pm.

d. In addition to the annual meeting of the council, at least three other ordinary meetings must be held in each year on such dates and times as the council directs.

e. The first business conducted at the annual meeting of the Council must be the election of the Chairperson and Vice-Chairperson (if any) of the council.

f. The Chairperson of the Council, unless he/she has resigned or becomes disqualified, must continue in office and preside at the annual meeting until his/her successor is elected at the next annual meeting of the Council.

g. The Vice-Chairperson of the Council, if any, unless he/she resigns or becomes disqualified, must hold office until immediately after the election of the Chairperson of the Council at the next annual meeting of the council.

h. In an election year, if the current Chairperson of the Council has not been re-elected as a member of the council, he/she must preside at the meeting until a successor Chairperson of the Council has been elected. The current Chairperson of the Council must not have an original vote in respect of the election of the new Chairperson of the Council but must give a casting vote in the case of an equality of votes.

i. In an election year, if the current Chairperson of the Council has been re-elected as a member of the council, he/she must preside at the meeting until a new Chairperson of the Council has been elected. He/She may exercise an original vote in respect of the election of the new Chairperson of the Council and must give a casting vote in the case of an equality of votes.

j. Following the election of the Chairperson of the Council and Vice-Chairperson (if any) of the Council at the annual meeting of the council, the business of the annual meeting must include:

i. In an election year, delivery by the Chairperson 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 Chairperson of the Council of his/her 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 below;

ix. Review and adoption of appropriate standing orders and financial regulations;

x. Review of arrangements, including any charters and agency agreements, with other local authorities and review of contributions made to expenditure incurred by other local authorities;

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 assets including buildings and office equipment;

xiv. Confirmation of arrangements for insurance cover in respect of all insured risks;

xv. Review of the council’s and/or staff subscriptions to other bodies;

xvi. Confirm the council’s policy and procedure documents and arrange specific reviews as required, to include but not limited to:

•   the council’s complaints procedure;
•   the council’s procedures for handling requests made under the Freedom of Information Act 2000 and the Data Protection Act 1998;
•   the council’s policy for dealing with the press/media/social media
•   the council’s code of conduct
•   the council’s planning policy;

xvii. Determining the time and place of ordinary meetings of the full council up to and including the next annual meeting of full council.

2. Meetings generally

a. Meetings must 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. Smoking is not permitted at any meeting of the council.

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. Meetings must 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 must be by a resolution, which must give reasons for the public’s exclusion.

d. Members of the public may make representations, answer questions and give evidence at a meeting that they are entitled to attend in respect of the business on the agenda.

e. The period of time designated for public participation at a meeting in accordance with standing order 2(d) above will not exceed 15 minutes unless the Chairperson of the meeting directs otherwise

f. In accordance with standing order 2(d) above, where a question cannot be answered at the meeting, the Chairperson of the meeting may direct that a written or oral response be given subsequently.

g. Only one person is permitted to speak at a time. If more than one person wants to speak, the Chairperson of the meeting must direct the order of speaking.

h. Photographing, recording, broadcasting or transmitting the proceedings of a meeting is permitted in accordance with the Department for Communities and Local Government’s Guide to open and accountable local government dated August 2014.

i. The press must 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.

j. Subject to standing orders that indicate otherwise, anything authorised or required to be done by, to or before the Chairperson of the Council may in his/her absence be done by, to or before the Vice-Chairperson of the Council (if any).

k. The Chairperson, if present, must preside at a meeting. If the Chairperson is absent from a meeting, the Vice-Chairperson, if present, must preside. If both the Chairperson and the Vice-Chairperson are absent from a meeting, a councillor (as chosen by the councillors present at the meeting) must preside at the meeting.

l. Subject to a meeting being quorate, all questions at a meeting must be decided by a majority of the councillors or councillors with voting rights present and voting.

m. The Chairperson 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 his casting vote whether or not he gave an original vote.

See standing orders 1(h) and 1(i) above for the different rules that apply in the election of the Chairperson of the Council at the annual meeting of the council.

n. Unless standing orders provide otherwise, voting on a question must be by a show of hands. At the request of a councillor, the voting on any question must be recorded so as to show whether each councillor present and voting gave his/her vote for or against that question. Such a request must be made before moving on to the next item of business on the agenda.

o. The minutes of a meeting must include an accurate record of the following:

i. the time and place of the meeting;

ii. the names of councillors present and absent;

iii. interests that have been declared by councillors and non-councillors with voting rights;

iv. whether a councillor or non-councillor with voting rights left the meeting when matters that they held interests in were being considered;

v. if there was a public participation session; and

vi. the resolutions made.

p. 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 his right to participate and vote on that matter

q. 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 must the quorum of a meeting be less than three.

Each committee or sub-committee will determine its own quorum

r. If a meeting is or becomes inquorate no business can be transacted and the meeting must be closed. The business on the agenda for the meeting must be adjourned to another meeting.

s. A meeting must not exceed a period of 2 hours.

t. Where it is impossible or inadvisable to meet physically, meetings will be held remotely/virtually via the internet. Decisions will be made in accordance with Standing Orders. The notice displayed for such meetings will advise members of the public on how to gain access to remote/virtual meetings.

3. Extraordinary meetings of the council and committees and sub-committees

a. The Chairperson of the Council may convene an extraordinary meeting of the council at any time.

b. If the Chairperson of the Council does not or refuses to 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 two councillors must sign the public notice giving the time, place and agenda for such a meeting.

4. Rules of debate at meetings

a. Motions on the agenda will be considered in the order in which they appear unless the order is changed at the discretion of the Chairperson of the meeting.

b. A motion (including an amendment) will not be progressed unless it has been moved and seconded.

c. The Chairperson of the meeting may treat a motion on the agenda that is not moved by its proposer as withdrawn.

d. If a motion (including an amendment) has been seconded, the proposer can withdraw the motion 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 will not negate the motion.

f. If an amendment to the original motion is carried, the original motion becomes the substantive motion upon which further amendment(s) may be moved.

g. An amendment will not be considered unless early verbal notice of it is given at the meeting. The Chairperson can request the notice of amendment to be made in writing.

h. A councillor may move an amendment to his/her own motion if agreed by the meeting. If a motion has already been seconded, the amendment must 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 Chairperson will decide the order in which the amendments will be moved.

j. Subject to standing order 1(k) below, only one amendment at a time will be moved and debated. The Chairperson will decide the order in which the amendments will be moved.

k. One or more amendments may be discussed together if the Chairperson of the meeting considers this appropriate and practical, but each amendment must 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 after debating it.

n. Where a series of amendments to an original motion are carried, the mover of the original motion will have a right of reply either (i) at the end of debate of the first amendment or (ii) at the very end of debate on the final substantive motion and in either case, immediately before it is put to the vote.

o. Unless the Chairperson of the meeting permits it, 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 he last spoke;
iii. to make a point of order;
iv. to give a personal explanation; or
v. in exercise of a right of reply.

p. During the debate of 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 must identify the standing order that he/she considers has been breached or specify the other irregularity in the proceedings of the meeting he/she is concerned by.

q. The Chairperson of the meeting must decide a point of order and his/her decision will be final.

r. When a motion is under debate, no other motion can 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 requirements.

s. Before an original or substantive motion is put to the vote, the Chairperson of the meeting must be satisfied that the motion has been sufficiently debated and that the mover of the motion under debate has exercised or waived his/her right of reply.

t. Excluding motions moved understanding order 4(r) above, the contributions or speeches by a councillor shall relate only to the motion under discussion and must not exceed 5 minutes without the consent of the Chairperson of the meeting.

5. Disorderly conduct at meetings

a. No person must obstruct the transaction of business at a meeting or behave offensively or improperly. If this standing order is ignored, the Chairperson of the meeting must request such person(s) to moderate or improve their conduct.

b. If person(s) disregard the request of the Chairperson of the meeting to moderate or improve their conduct, any councillor or the chairperson of the meeting may move that the person be no longer heard or be excluded from the meeting. The motion, if seconded, must be put to the vote without discussion.

c. If a resolution made under standing order 5(b) above is ignored, the Chairperson 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.

6.. Committees and sub-committees

a. The council may appoint standing committees or other committees as may be necessary, and:

i. must determine their terms of reference;
ii. must determine if the public can participate at a meeting of a sub-committee that they are permitted to attend; and
iii. may dissolve a committee

b. The members of a committee may include non-councillors unless it is a committee that regulates and controls the finances of the council.

c. Unless the council determines otherwise, a committee may appoint a sub-committee whose terms of reference and members must be determined by the committee.

d. Unless the council determines otherwise, all the members of an advisory committee and a sub-committee of the advisory committee may be non-councillors.

e. At each annual meeting, the council will appoint a human resources committee comprising the chairperson and two other members, taking account where possible of gender balance. The committee will have the power to co-opt or substitute council members. The committee will maintain an overview of employment issues including recruitment and selection; staff support and supervision; probationary reviews; appraisal; termination of employment. It will recommend decisions to the council where appropriate and will have delegated powers to make decisions on behalf of the council where necessary. The committee will form the interview panel for the selection of staff and will have delegated authority to make appointments.

7. Previous resolutions

a. A resolution cannot be reversed within 4 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(b) below, 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) above has been disposed of, no similar motion may be moved within a further 4 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 must be struck off the list and a fresh vote taken. This process must 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 Chairperson of the meeting.

9. Motions at a meeting proposed by a member of the parish council that require written notice to be given to the Proper Officer

a. A motion must relate to the responsibilities of the meeting that it is tabled for and in any event must relate to the performance of the council’s statutory functions, powers and obligations or an issue that specifically affects the council’s area or its residents.

b. No motion can 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 3 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) above, correct obvious grammatical or typographical errors in the wording of the motion.

10. Motions at a meeting that do not require written notice

a. The following motions may be moved at a meeting without written notice to the Proper Officer;

i. to correct an inaccuracy in the draft minutes of a meeting;

ii. to move to a vote;

iii. to defer consideration of a motion;

iv. to refer a motion to a particular committee or sub-committee;

v. to appoint a person to preside at a meeting;

vi. to change the order of business on the agenda;

vii. to proceed to the next business on the agenda;

viii. to require a written report;

ix. to appoint a committee or sub-committee and their members;

x. to extend the time limits for speaking;

xi. to exclude the press and public from a meeting in respect of confidential or sensitive information which is prejudicial to the public interest;

xii. to not hear further from a councillor or a member of the public;

xiii. to exclude a councillor or member of the public for disorderly conduct;

xiv. to temporarily suspend the meeting;

xv. to suspend a particular standing order (unless it reflects mandatory statutory requirements);

xvi. to adjourn the meeting; or

xvii. to close a meeting.

11. Handling confidential or sensitive information

a. The agenda, papers that support the agenda and the minutes of a meeting must not disclose or otherwise undermine confidential or sensitive information, which for special reasons would not be in the public interest.

b. Councillors and staff must not disclose confidential or sensitive information, which for special reasons would not be in the public interest.

12. Draft minutes

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 must be taken as read.

b. There must 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 must be moved in accordance with standing order 10(a)(i) above.

c. The accuracy of draft minutes, including any amendment(s) made to them, must be confirmed by resolution and must be signed by the Chairperson of the meeting and stand as an accurate record of the meeting to which the minutes relate.

d. If the Chairperson of the meeting does not consider the minutes to be an accurate record of the meeting to which they relate, he/she must sign the minutes and include a paragraph in the following terms or to the same effect:

“The Chairperson of this meeting does not believe that the minutes of the meeting of the ( ) held on [date] in respect of ( ) were a correct record but his/her view was not upheld by the meeting and the minutes are confirmed as an accurate record of the proceedings.”

e. Upon a resolution that confirms the accuracy of the minutes of a meeting, the draft minutes or recordings of the meeting for which approved minutes exist must be destroyed.

13. Code of conduct and dispensations

See also standing order 2(p) above and the Code of Conduct of Timberland and Thorpe Tilney Parish Council adopted 10th July 2012

a. All councillors and non-councillors with voting rights must observe the code of conduct adopted by the council.

b. Unless he/she has been granted a dispensation, a councillor or non-councillor with voting rights must withdraw from a meeting when it is considering a matter in which he/she has a disclosable pecuniary interest. He/She may return to the meeting after it has considered the matter in which he/she had the interest.

c. Unless he/she has been granted a dispensation, a councillor or non-councillor with voting rights must withdraw from a meeting when it is considering a matter in which he/she has another interest if so required by the council’s code of conduct. He/She may return to the meeting after it has considered the matter in which he/she had the interest.

d. Dispensation requests must 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 must be made by a meeting of the council and that decision is final.

f. A dispensation request must 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) above, dispensation requests must be considered at the beginning of the meeting of the council

h. A dispensation may be granted in accordance with standing order 13(e) above if having regard to all relevant circumstances the following applies:

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 or

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 County 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 must, subject to standing order 11 above, report this to the council.

b. Where the notification in standing order 14(a) above relates to a complaint made by the Proper Officer, the Proper Officer must notify the Chairperson of Council of this fact, and the Chairperson must 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) below.

c. The council may:

i. provide information or evidence where such disclosure is necessary to progress an investigation of the complaint or as required by law;

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 Council that a councillor or non-councillor with voting rights has breached the council’s code of conduct, the council must consider what, if any, action to take against him/her. Such action excludes disqualification or suspension from office.

e. Where a complaint is made directly to the Proper Officer, the above procedure will also apply

f. Where a complaint is not resolved by the Parish Council, it will be referred to the Monitoring Officer at North Kesteven District Council.

g. The council will take no action in respect of anonymous complaints nor where a complaint requests anonymity.

15. Proper Officer

a. The Proper Officer must be either (i) the clerk or (ii) another person nominated by the council to undertake the work of the Proper Officer when the Proper Officer is absent.

b. The Proper Officer must:

i. at least three clear days before a meeting of the council, a committee and a sub-committee serve on councillors, by delivery or post at their residences or by email (provided any such email contains the electronic signature and title of the Proper Officer), a signed summons confirming the time, place and the agenda

See standing order 2(b) above for the meaning of clear days

ii. give public notice of the time, place and agenda at least three clear days before a meeting of the council or a meeting of a committee or a sub-committee (provided that the public notice with agenda of an extraordinary meeting of the council convened by councillors is signed by them);

See standing order 2(b) above for the meaning of clear days

iii. subject to standing order 9 above, 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 his withdrawal of it;

iv. convene a meeting of full council for the election of a new Chairperson of the Council, occasioned by a casual vacancy in his office;

v. facilitate inspection of the minute book by local government electors;

vi. receive and retain copies of byelaws made by other local authorities;

vii. retain acceptance of office forms from councillors;

viii. retain a copy of every councillor’s register of interests;

ix. assist with responding to requests made under the Freedom of Information Act 2000 and Data Protection Act 1998, in accordance with and subject to the council’s policies and procedures relating to the same;

x. receive and send general correspondence and notices on behalf of the council except where there is a resolution to the contrary;

xi. manage the organisation, storage of, access to and destruction of information held by the council in paper and electronic form;

xii. arrange for legal deeds to be executed;

See also standing order 23 below.

16. Responsible Financial Officer

a. The Responsible Financial Officer will be the Clerk to the Council.

b. The council will 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 (England)

b. All payments by the council must be authorised, approved and paid in accordance with the law, proper practices and the council’s financial regulations.

c. The Responsible Financial Officer must supply to each councillor 7 days in advance of each parish council meeting a statement to summarise:

i. the council’s receipts and payments for each quarter;

ii. the council’s aggregate receipts and payments 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 must provide:

i. each councillor with a statement summarising the council’s receipts and payments for the last quarter and the year to date for information; and

ii. to the full council the accounting statements for the year in the form of Section 1 of the annual return, as required by proper practices, for consideration and approval.

e. The year-end accounting statements must be prepared in accordance with proper practices and applying the form of accounts determined by the council (receipts and payments, or income and expenditure) for a year to 31 March. A completed draft annual return must be presented to each councillor before the end of the following month of May. The annual return of the council, which is subject to external audit, including the annual governance statement, must be presented to council for consideration and formal approval before 30 June.

18. Financial controls and procurement

a. The council must consider and approve financial regulations drawn up by the Responsible Financial Officer, which must 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 must 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. procurement policies (subject to standing order 18(c) below) including the setting of values for different procedures where a contract has an estimated value of less than [£60,000].

b. Financial regulations must be reviewed regularly and at least annually for fitness of purpose.

c. Financial regulations must confirm that a proposed contract for the supply of goods, materials, services and the execution of works with an estimated value in excess of [£60,000] must be procured on the basis of a formal tender as summarised in standing order 18(d) below.

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 must include, as a minimum, the following steps:

i. a specification for the goods, materials, services or the execution of works must be drawn up;

ii. an invitation to tender must 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 must 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 must 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 £138,893 (or other threshold specified by the Office of Government Commerce from time to time) the council must consider whether the Public Contracts Regulations 2006 (SI No. 5, as amended) and the Utilities Contracts Regulations 2006 (SI No. 6, as amended) apply to the contract and, if either of those Regulations apply, the council must comply with EU procurement rules.

19. Risk Assessment

a. A risk assessment will be undertaken annually of all the activities of the council and the council will approve a report. This assessment will also cover the appropriateness of the internal audit arrangements. The risk assessment will be reviewed annually.

b. If the council undertakes a new activity not covered by the existing risk assessment the council will assess any risk before the activity commences.

20. Handling staff matters

a. A matter personal to a member of staff that is being considered by a meeting of the council is subject to standing order 11 above.

b. Matters relating to the employment of staff will be the responsibility of the Human Resources Committee as detailed in standing order 6 e above.

c. Subject to the council’s policy regarding the handling of grievance matters, the council’s most senior employee (or other employees) must contact the Chairperson or in his/her absence, the Vice-Chairperson in respect of an informal or formal grievance matter, and this matter must be reported back and progressed by resolution.

d. Subject to the council’s policy regarding the handling of grievance matters, if an informal or formal grievance matter raised by the clerk to the council relates to the Chairperson or Vice-Chairperson of the council, committee or sub-committee, this must be communicated to another member, which must then be reported back and progressed by resolution.

e. Any persons responsible for all or part of the management of staff must treat the written records of all meetings relating to their performance, capabilities, grievance or disciplinary matters as confidential and secure.

f. The council must keep all written records relating to employees secure. All paper records must be secured and locked and electronic records must be password protected and encrypted.

21. Requests for information

a. Requests for information held by the council must be handled in accordance with the council’s policy in respect of handling requests under the Freedom of Information Act 2000 and the Data Protection Act 1998.

b. The Proper Officer to the Chairperson must refer correspondence from, and notices served by, the Information Commissioner. The council must have the power to do anything to facilitate compliance with the Freedom of Information Act 2000.

22. Relations with the press/media

a. The council’s dealings with the press and other media (including social media) will be based upon principles of openness and transparency and must demonstrate a willingness to inform the public of its activities.

b. Wherever possible, the council will respond positively to any requests from any media for oral or written comment or statement from the council, its councillors or staff. The Chairperson must approve all such responses.

c. Any proactive comment or statement to the media by councillors or staff or on behalf of the council must be approved by the Chairperson.

d. In all communications with the media, councillors and members of staff must be mindful of confidential or sensitive information in accordance with standing order 11 above.

23. Execution and sealing of legal deeds

See also standing orders 15(b)(xii) and (xvii) above.

a. A legal deed must not be executed on behalf of the council unless authorised by a resolution.

b. Subject to standing order 23(a) above, any two councillors may sign, on behalf of the council, any deed required by law and the Proper Officer must witness their signatures.

24. Communicating with District and County councillors

a. An invitation to attend a meeting of the council must be sent, together with the agenda, to the ward councillor(s) of the District and County 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 must be sent to the ward councillor(s) representing the area of the council.

25. Restrictions on councillor activities

a. Unless authorised by a resolution, no councillor can:

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 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 requirements, must 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 above.

c. The Proper Officer must provide a copy of the council’s standing orders to a councillor as soon as possible after he/she has delivered his acceptance of office form.

d. The decision of the Chairperson of a meeting as to the application of standing orders at the meeting is final.

This document has been reviewed and updated as follows:
V1 2014
V2 2017
V3 2021