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EAST BERGHOLT PARISH COUNCIL

STANDING ORDERS

INDEX

Standing
Order
Page Standing
Order
Page
1 Meetings 2 10 Voting on appointments 10
1.1-1.3 Venue 2 11 Liaison with Councillors 10
1.4 Notice 2 12 Chairman of the Council 10
1.5-1.10 Public
Access/Participation
2 13 Committees 11
1.11-1.12 Reporting 2 13.7-
13.18
Committee business 11
1.13-1.14 Presiding 3 13.19 Advisory Committees 12
1.15-1.17 Voting 3 13.20 Working Parties 12
1.18 Minutes 3 14 The Clerk 12
1.19-1.21 Code of Conduct 3 15 The Proper Officer 13
1.22-1.23 Quorum 3 16 Financial Controls & procurement 14
1.23-1.24 Duration 4 17 Estimates/Precept/Budget 14
2 Council Meetings 4 18 Accounts & Financial Statement 14
2.1-2.3 Timetable 4 19 Expenditure 15
2.4-2.8 Election/duration
Chairman/Vice-
Chairman
4 20 Execution of legal deeds 15
2.9 Order of business –
Annual Meeting
4 21 Inspection of Documents 15
2.10 Ordinary Meetings 5 22 Confidential Business 15
2.11-2.13 Extraordinary
Meetings
5 23 Unauthorised activities 15
3 Motions requiring
written notice
5 24 Relations with press/media/social
media
16
4 Motions not
requiring notice
6 25 Councillors canvassing 16
5 Rules of debate 7 26 Council employees 16
5.4-5.16 Amendments 7 27 Freedom of Information 16
5.17 Point of Order 8 28 Data Protection 17
5.18-5.20 Personal explanation 8 29 Code of Conduct & Dispensations 17
6 Questions 9 30 Code of Conduct – breaches 18
7 Minutes 9 31 General Power of Competence 18
8 Disorderly Conduct 9 32 Standing Orders 19
9 Rescission of
previous
resolutions
9 33 Standing Orders –
Variation/revocation/suspension
19

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STANDING ORDERS

1. Meetings of the Council and its Committees
Venue
1.1 Meetings of the Council and its Committees shall be held at The Lambe School at
7.30 pm unless otherwise decided.
1.2 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.
1.3 Where legislation allows, the Council may conduct meetings remotely via digital
conference calls
Notice of meetings
1.4 The minimum three clear days for notice of a meeting to councillors and the public
does not include the day on which the notice was issued, the day of the meeting, a
Sunday, a day of the Christmas or Easter break, a bank holiday or a day appointed
for public thanksgiving or mourning.
Public access and participation
1.5 Meetings shall be open to the public (including the press) 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 and exclusion shall be preceded by a
resolution to that effect.
1.6 Subject to Standing Order 1.4 every meeting shall include an Open Public Session
when members of the public may speak, make representations and ask questions.
1.7 The period of time which is designated for public participation in accordance with
Standing Order 1.5 shall not exceed thirty minutes unless otherwise agreed.
1.8 Each member of the public may speak once only in respect of business itemised on
the agenda or which otherwise affects the business of the Council or of the Parish
and shall speak for no more than three minutes.
1.9 Any person speaking at a meeting shall address their comments to the Chairman.
Only one person is permitted to speak at a time. If more than one person wishes to
speak the Chairman shall direct the order of speaking.
1.10 A question asked by a member of the public during a public participation session at
a meeting shall not require a response or debate though the Chairman may direct
that an oral response be given by a councillor or a written or oral response be given
by the parish clerk.
1.11 A record of a public participation session at a meeting shall be included in the
minutes of that meeting.
Reporting a meeting
1.12 A person who attends a meeting is permitted to report on the meeting whilst it is
open to the public. To ‘report’ means to film, photograph or make an audio
recording of meeting proceedings, or use any other means for enabling persons not

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present to see or hear the meeting so that the meeting or commentary is available
as the meeting takes place or later to persons not present. A person may not
without permission provide an oral report or commentary about a meeting as it
takes place.
1.13 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.
Presiding at a meeting
1.14 The Chairman, if present, shall preside at a meeting. If the Chairman is not present
at a meeting, the Vice-Chairman (if any), shall preside. If both the Chairman and
Vice-Chairman are not present, a councillor chosen by the councillors present, from
amongst those present, shall preside for the duration of the meeting.
1.15 Subject to Standing Orders which indicate otherwise, anything authorised or
required to be done by, to or before the Chairman may in his absence be done by,
to or before the Vice-Chairman or other councillor presiding at the meeting.
Voting
1.16 All motions at a meeting shall be decided by a majority of the councillors present
and voting thereon.
1.17 The Chairman or other councillor presiding at the 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 an original vote was given.
1.18 Unless Standing Orders provide otherwise, voting on any motion shall be by a
show of hands. Abstentions shall not be recorded. At the request of a councillor, the
voting on any motion shall be recorded so as to show whether each councillor voted
for or against the motion. Such a request shall be made before the vote is taken.
Minutes
1.19 The minutes of a meeting shall record the names of councillors present and any
who have apologised for absence.
Code of Conduct
1.20 Councillors shall observe the Code of Conduct adopted by the Council at all times
when acting in their official capacity as a parish councillor.
1.21 The Code of Conduct shall apply to councillors in respect of the entire
Council/Committee meeting.
1.22 Councillors requiring dispensation in respect of disclosable pecuniary interests or
local non-pecuniary interests must make their request in writing to the Clerk in
compliance with Standing Order 29.6 below or failing that at the start of the meeting
for which the dispensation is sought.
Quorum
1.23 No business may be transacted at a meeting unless one third of the whole number
of members of the Council or one half of the whole number of members of a
Committee (including ex officio members) or sub-committee are present and the
quorum for a Council meeting shall be no less than five and for a Committee/sub-
committee no less than three.

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1.24 If a meeting is or becomes inquorate no business shall be transacted and the
meeting shall be adjourned. Any outstanding business of a meeting so adjourned
shall be transacted at a subsequent meeting.
Duration of Meetings
1.25 A meeting shall not exceed two hours unless a motion to extend the meeting has
been approved.
2. Council Meetings
Timetable of meetings
2.1 In an election year the Annual Parish Council meeting shall be held on or within
fourteen days following the day on which the new councillors elected take office.
2.2 In a year which is not an election year the Annual Parish Council meeting shall be
held on the second Thursday in May.
2.3 Subject to any alternative arrangements which may be made, the Parish Council will
meet on the second Thursday of each month at 7.30 pm. A minimum of three
meetings must be held in each municipal year.
Election and duration in office of Chairman and Vice-Chairman
2.4 The election of the Chairman and Vice-Chairman of the Council shall be the first
business completed at the Annual Parish Council meeting.
2.5 The Chairman of the Council, unless having resigned or become disqualified, shall
hold office and preside at council meetings until a successor is elected at the next
Annual Parish Council meeting.
2.6 The Vice-Chairman of the Council, unless having resigned or become disqualified,
shall hold office until immediately after the election of the Chairman of the Council at
the next Annual Parish Council meeting.
2.7 In an election year if the current Chairman of the Council has been re-elected as a
member of the Council, they shall preside at the Annual meeting until a successor
Chairman of the Council has been elected. The current Chairman may exercise an
original vote in respect of the election of the new Chairman and must give a casting
vote in the event of an equality of votes.
2.8 In an election year if the current Chairman of the Council has not been re-elected as
a member of the Council, they shall preside at the Annual meeting until a successor
Chairman of the Council has been elected. The current Chairman shall not have an
original vote in respect of the election of the new Chairman but must give a casting
vote in the event of an equality of votes.
Order of business at the Annual Parish Council meeting
2.9 Following the election of the Chairman and Vice-Chairman of the Council at the
annual meeting, the order of business shall be as follows:
2.9.1 In an election year, delivery by councillors of their declarations of acceptance
of office.
2.9.2 Open Public Session.
2.9.3 Apologies for absence.
2.9.4 Declarations of Interest or Dispensations.

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2.9.5 Approval as a correct record of the minutes of the last meeting of the Council.
2.9.6 Matters arising/updates on matters not otherwise specified on the agenda.
2.9.7 Review the terms of reference of committees.
2.9.8 Appointment of committee members for the ensuing municipal year.
2.9.9 Review and adoption of Council policies as required.
2.9.10 Review of the Council’s expenditure incurred under Section 137, Section 138B
and section 142 of the Local Government Act 1972.
2.9.11 Review of the Council’s income and expenditure in respect of the Community
Infrastructure Levy.
2.9.12 Other items specified on the agenda.
Ordinary Council Meetings
2.10 The order of business at ordinary meetings of the Council shall be as follows:
2.10.1 Open Public Session.
2.10.2 Welcome and apologies for absence.
2.10.3 Declarations of Interest or Dispensations.
2.10.4 Approval as a correct record of the minutes of the last meeting of the Council.
2.10.5 Matters arising/updates on matters not otherwise specified on the agenda.
2.10.6 Reports from County and District Councillors.
2.10.7 Planning applications and correspondence.
2.10.8 General correspondence.
2.10.9 Reports/recommendations from Committees.
2.10.10 Other items specified on the agenda.
Extraordinary Meetings of the Council
2.11 The Chairman of the Council may convene an extraordinary meeting of the Council
at any time.
2.12 If the Chairman 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.
2.13 The only business which may be transacted at an extraordinary meeting is that
which is specified on the agenda.
3. Motions requiring written notice
3.1 No motion may be moved at a meeting unless it is included in the agenda and the
mover has given written notice to the Council’s Proper Officer at least seven clear
days before the day of the meeting.

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3.2 Before including in the agenda a motion received in accordance with Standing
Order 3.1, the Proper Officer may correct obvious grammatical or typographical
errors in the wording of the motion.
3.3 If the Proper Officer considers the wording of a motion received in accordance with
Standing Order 3.1 is not clear in meaning, the motion shall be rejected until the
mover of the motion resubmits it in writing to the Proper Officer in clear and certain
language at least seven clear days before the day of the meeting.
3.4 If the wording or nature of a proposed motion is considered unlawful, improper or
vexatious, the Proper Officer shall consult the Chairman 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 or rejected from the agenda.
3.5 Having consulted the Chairman or councillors pursuant to Standing Order 3.4, the
decision of the Proper Officer as to whether or not to include the motion in the
agenda shall be final.
3.6 Every motion and resolution thereon shall relate to the Council’s statutory functions,
powers and lawful obligations or shall relate to an issue which specifically affects
the Council’s area or its residents.
4. Motions not requiring notice
4.1 Motions in respect of the following matters may be moved without written notice:
4.1.1 To appoint a person to preside at a meeting.
4.1.2 To approve the accuracy of the minutes of a previous meeting.
4.1.3 To correct an inaccuracy in the minutes of a previous meeting.
4.1.4 To dispose of business, if any, remaining from the last meeting.
4.1.5 To alter the order of business on the agenda for reasons of urgency or
expedience.
4.1.6 To proceed to the next business on the agenda.
4.1.7 To close or adjourn debate.
4.1.8 To refer by formal delegation a matter to a committee or to a sub-committee
or an employee.
4.1.9 To appoint a committee or sub-committee or any councillors (including
substitutes) thereto.
4.1.10 To receive nominations to a committee or sub-committee.
4.1.11 To dissolve a committee or sub-committee.
4.1.12 To note the minutes of a meeting of a committee or sub-committee.
4.1.13 To consider a report and/or recommendations made by a committee or
sub-committee or an employee.
4.1.14 To consider a report and/or recommendations made by a professional
adviser, expert or consultant.
4.1.15 To authorise legal deeds to be executed pursuant to Standing Order 19.
4.1.16 To extend a meeting beyond the limit provided in Standing Order 1.25.

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4.1.17 To extend the time for speeches.
4.1.18 To exclude the public (including the press) for all or part of a meeting.
4.1.19 To silence or exclude from a meeting a councillor or a member of the public
for disorderly conduct.
4.1.20 To give the consent of the Council if such consent is required by law or by
Standing Orders.
4.1.21 To suspend any Standing Order except those which are mandatory by law.
4.1.22 To adjourn the meeting.
4.1.23 To appoint representatives to outside bodies and to make arrangements for
those representatives to report back the activities of outside bodies.
4.1.24 To answer questions from councillors.
4.1.25 To agree urgent, unforeseen action/business.
4.2 If a motion falls within the terms of reference of a committee or sub-committee or
within the delegated powers of an employee, a referral of the same may be made to
such committee or sub-committee or employee provided that the Chairman may
direct for it to be dealt with at the present meeting for reasons of urgency or
expedience.
5. Rules of Debate
5.1 Motions included in an agenda shall be considered in the order in which they appear
on the agenda unless the order is changed at the Chairman’s direction for reasons
of expedience.
5.2 A motion, whether or not requiring written notice, shall not be considered unless it
has been proposed and seconded.
5.3 A motion included in an agenda not moved by a councillor who tabled it, shall be
treated as withdrawn unless adopted by another councillor.
Amendments
5.4 Motions to amend an original or substantive motion shall not be considered unless
proper notice has been given after the original or substantive motion has been
seconded and notice of such amendments shall, if required by the Chairman, be put
in writing and handed to the Chairman who shall determine the order in which they
are considered.
5.5 A councillor may move an amendment to their own motion. If a motion has been
seconded, an amendment to it shall be with the consent of the seconder.
5.6 An amendment to a motion shall be either:
5.6.1 To leave out words;
5.6.2 To add words;
5.6.3 To leave out words and add other words.
5.7 An amendment to a motion shall not have the effect of negating or rescinding the
original or substantive motion under consideration.

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5.8 Subject to Standing Order 5.9, only one amendment shall be moved and debated at
a time, the order of which shall be directed by the Chairman. No further amendment
shall be moved until the previous amendment has been disposed of.
5.9 If the Chairman considers it expedient, amendments may be discussed together but
shall be voted upon separately.
5.10 The number of amendments to an original or substantive motion which may be
moved by a councillor is limited to one.
5.11 If an amendment is not carried, other amendments shall be moved in the order
directed by the Chairman.
5.12 If an amendment is carried, the original motion as amended shall take the place of
the original motion and shall become the substantive motion upon which any further
amendment may be moved.
5.13 The mover of a motion or the mover of an amendment shall have a right of reply, not
exceeding two minutes.
5.14 Where one or more amendments to an original motion is/are carried, the mover of
the original motion shall have a right of reply in respect of the substantive motion at
the very end of the debate and immediately before it is put to the vote.
5.15 Except as provided for in Standing Orders 5.13, 5.14 and 5.20, a councillor may
speak only once on each original motion, each amendment and each substantive
motion except additionally on a point of order or personal explanation.
5.16 At any time a councillor may raise a point of order or personal explanation and the
councillor who was interrupted shall stop speaking and the Chairman shall hear
them immediately.
Point of order
5.17 A point of order may relate only to an alleged breach of these Standing Orders or
the law. The councillor must specify the Standing Order or the legal provision in
question and the way in which the councillor considers it has been broken. The
ruling of the Chairman on the matter is final but must not contravene these Standing
Orders.
Personal explanation
5.18 A personal explanation may relate only to some material part of an earlier speech by
the councillor which may appear to have been misunderstood in the present debate.
The ruling of the Chairman on the admissibility of a personal explanation is final.
5.19 With the consent of the seconder and/or the meeting, a motion or amendment may
be withdrawn by the proposer. A councillor shall not speak upon such motion or
amendment unless permission for the withdrawal has been refused.
5.20 When a councillor’s motion is under debate no other motion may be moved except:
5.20.1 To amend the motion;
5.20.2 To proceed to the next business;
5.20.3 To adjourn the debate or the meeting;
5.20.4 To put the motion to a vote;
5.20.5 To ask a person to be silent or for them to leave the meeting;

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5.20.6 To refer the motion to a committee or sub-committee for consideration;
5.20.7 To exclude the public (including the press);
5.20.8 To adjourn the meeting;
5.20.9 To suspend any Standing Order, except those which are mandatory.
5.21 In respect of Standing Order 5.20.4, the Chairman shall first be satisfied that the
motion has been sufficiently debated before it is put to the vote. The Chairman shall
call upon the mover of the motion under debate to exercise or waive the right of
reply and shall put the motion to the vote after the right has been exercised or
waived. The adjournment of a debate ot meeting shall not prejudice the mover’s
right of reply at the resumption.
6. Questions
6.1 A councillor may seek an answer to a question concerning the business of the
Council provided seven clear days’ notice has been given to the proper officer.
6.2 Every question shall be put and answered without discussion.
6.3 If any question requires formal clarification from a third party, the Clerk shall make a
written request to that party.
7. Minutes
7.1 The draft minutes of a preceding meeting shall be published and circulated to all
councillors no later than upon the publication of the agenda.
7.2 Discussion upon the draft minutes of a preceding meeting shall be limited to their
accuracy. A motion to correct an inaccuracy in the minutes shall be raised in
accordance with Standing Order 4.1.3. Any other discussion regarding the draft
minutes shall be considered under ‘Matters arising’.
7.3 Minutes, including any amendment to correct their accuracy, shall be approved by
resolution and shall be signed by the Chairman of the meeting and stand as an
accurate record of the meeting to which the minutes relate.
7.4 If the Chairman of the meeting does not consider the minutes to be an accurate
record of the meeting to which they relate and if the majority of the those councillors
present and voting approve a resolution confirming the minutes as a correct record
of the proceedings, the Chairman shall sign the minutes but may add a statement
specifying the Chairman’s dissent.
7.5 Following a resolution approving the accuracy of the minutes, only the approved
minutes shall have any standing and any draft which is at variance with the
approved minutes shall be destroyed.
8. Disorderly Conduct
8.1 No person shall obstruct the transaction of business at a meeting or behave
offensively, improperly or vexatiously.
8.2 If, in the opinion of the Chairman, there has been a breach of Standing Order 8.1,
the Chairman shall express that opinion and thereafter any councillor (including
the Chairman) may move that the person be silenced or excluded from the
meeting and the motion, if seconded, shall be put forthwith and without discussion.

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8.3 If a resolution made in accordance with Standing Order 8.2 is disobeyed, the
Chairman may take such further steps as may be necessary to enforce it and/or
may adjourn the meeting.
9. Rescission of previous resolutions
9.1 A resolution of the Council (whether affirmative or negative) shall not be reversed
within six months except either by a special motion signed by at least seven
councillors or by a motion moved in pursuance of the report or recommendation of
a committee.
9.2 Where a special motion or any other motion moved pursuant to Standing Order 9.1
has been disposed of, no similar motion may be moved within a further six
months.
10. Voting on appointments
10.1 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 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. Any tie may be settled by the Chairman’s casting
vote.
10.2 At the request of at least two members, a vote upon the appointment to a position
to be filled by the Council may be conducted by signed ballot.
11. Liaison with County and District Councillors
11.1 An invitation to attend a meeting of the Council shall be sent, together with the
agenda, to the councillors of the County and District Councils whose electoral
division/ward includes East Bergholt.
11.2 A county or district councillor shall not make representation on behalf of the Parish
Council unless a Parish Council resolution so authorises.
12. The Chairman of the Council
12.1 The Chairman is elected by the Council at the Annual Council Meeting and holds
office until the next annual meeting pursuant to Standing Order 2.4 – 2.8. A
Chairman may serve for only two consecutive years in any one Council term.
The out-going Chairman may be re-elected in the absence of any other nominee
being willing to stand.
12.2 The Chairman’s principal role is to chair meetings of the Council.
12.3 The Chairman may suggest the content and design of the agenda but the final
determination is the responsibility of the Clerk.
12.4 The Chairman is responsible for ensuring that effective and lawful decisions are
taken at meetings of the Council and assisted by the Clerk guides activities
through management of the meeting.
12.5 The Chairman is responsible for involving all councillors in discussion and ensuring
that their contributions remain pertinent to the subject matter and for keeping
discussions moving so that meetings are not excessively long.
12.6 The Chairman summarises the debate and facilitates the making of clear
resolutions.
12.7 The Chairman has a casting vote pursuant to Standing Order 1.16.

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12.8 The Chairman will often be the public face of the Council and will represent the
Council at official events. The Chairman may be asked to speak on behalf of the
Council and in such circumstances should express only the agreed views of the
Council and not any personal views.
12.9 Except where the Council formally delegates authority, the Chairman cannot
make a decision on behalf of the Council.

13. Committees and sub-committees
13.1 The Council shall at its annual meeting appoint standing committees and may at
any other time appoint such other committees as it considers necessary.
13.2 The terms of reference of the standing committees are reviewed annually and
approved at the annual meeting. The approved terms of reference of the
standing committees are as follows:
13.3 Strategy, Policy and Finance Committee
13.3.1 To ensure compliance with the Council’s Financial Regulations.
13.3.2 To formulate and recommend to Council policies for the benefit of the
parish.
13.4 Burial Grounds Committee
13.4.1 To organise, maintain and manage the Burial Grounds for the benefit of the
parish.
13.4.2 To ensure compliance with the Local Authorities Cemeteries Order 1977.
13.5 Playing Fields Committee
13.5.1 To ensure the playing fields and associated equipment are provided for the
use of the whole parish.
13.5.2 To maintain and update equipment and facilities as necessary.
13.6 Roads, Footpaths and Flatford Committee
13.6.1 To deal with the management of litter and matters relating to public rights of
way, miscellaneous street furniture and Parish Council owned public seats
within the parish.
13.6.2 To liaise with the appropriate authority concerning matters pertaining to the
roads and pavements within the parish.
Committee business
13.7 The Chairman and Vice-Chairman of the Council shall be ex officio members of
every committee.
13.8 Every committee shall at its first meeting of the municipal year before proceeding
to other business, elect a Chairman and may elect a Vice-Chairman who shall
hold office until the next annual meeting of the Council.
13.9 The dates of committee meetings shall be approved by the Council in the annual
schedule of meetings. However at the first meeting of the municipal year every
committee shall review the dates set in the annual schedule of meetings and
may amend those dates if necessary.

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13.10 Every committee may appoint and determine the term of office of non-councillor
members of the committee (unless the appointment of non-councillor members is
prohibited by law) so as to hold office no later than the next annual meeting of
the Council.
13.11 Minutes of every committee/sub-committee meeting shall be taken and copies
provided to the Clerk for record.
13.12 Unless there is a Council resolution to the contrary, every committee may
appoint a sub-committee, the terms of reference and membership of which
shall be determined by resolution of the committee.
13.13 A committee may dissolve a sub-committee at any time.
13.14 The Standing Orders relating to rules of debate (Standing Order 5), members’
interests (in accordance with the Code of Conduct) and voting (Standing
Orders 1.15 – 1.17) shall apply to committees and sub-committees.
13.15 A councillor who has proposed a resolution which has been referred to any
committee of which the councillor is not a member, may explain the resolution
to the committee but shall not vote.
13.16 The Chairman of a committee/sub-committee may convene an extraordinary
meeting of the committee/sub-committee at any time.
13.17 If the Chairman of a committee/sub-committee does not call an extraordinary
meeting of the committee/sub-committee within seven days of having been
requested in writing to do so by two councillors, those two councillors may
convene an extraordinary meeting of the committee/sub-committee. The public
notice giving the time, date, venue and agenda for such a meeting shall be
signed by the two councillors.
13.18 The only business which may be transacted at an extraordinary meeting is that
which is specified on the agenda.
Advisory Committees
13.19 The Council may appoint advisory committees comprised of a number of
councillors and non-councillors. Advisory Committees and any sub-committees
may consist wholly of persons who are non-councillors.
Working Parties
13.20 The Council may establish working parties for a short term purpose but if in
exceptional circumstances there is a need to establish a working party for a
longer term purpose, the Council may so resolve.
13.21 Working parties are not subject to the strict rules which apply to formal council
meetings and do not need to be held in public. A Working Party cannot make a
decision on behalf of the Council, merely inform the Council on the purpose for
which it is established.
14. The Clerk
14.1 The Clerk is employed by the Council pursuant to Section 112(1) of the Local
Government Act 1972 to provide administrative support for the Council’s
activities.
14.2 Any other staff, although employed by the Council, shall be managed by the
Chairman of the relevant committee who is responsible for their performance.

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14.3 The Clerk’s primary responsibility is to advise the Council on whether its decisions
are lawful and to recommend ways in which decisions can be implemented. To
assist in this, the Clerk can be asked to research topics of concern to the Council
and provide unbiased information to help the Council to make appropriate choices.
14.4 The Clerk is the Council’s Responsible Financial Officer with a duty to comply with
all appropriate financial legislation and responsible for all financial records of the
Council and the careful administration of its finances. The Responsible Financial
Officer must comply with the Council’s Financial Regulations and annually prepare
and gain approval from the Council for the budget for the coming financial year
and submit to Babergh District Council the Parish Council precept by 31 January.
14.5 The Clerk has a wide range of other responsibilities which are set out in the job
description.
14.6 The Clerk must recognise that the Council is responsible for all decisions and that
the Clerk takes instructions from the Council as a body and is not answerable to
any individual councillor, not even the Chairman. The Council must be confident
that the Clerk is at all times independent, objective and professional.
15. The Proper Officer
15.1 The Council’s Proper Officer shall be the Clerk or such other employee appointed
by the Council to undertake the role of the Proper Officer during the Proper
Officer’s absence. The Proper Officer and the employee appointed to act as such
during the Proper Officer’s absence shall fulfil the duties assigned to the Proper
Officer in Standing Order 15.2.
15.2 The duties of the Proper Officer comprise:
15.2.1 To serve on councillors by delivery or post at their residences or by email a
signed summons (Council)/notice (Committees/sub-committees) confirming
the time, date and venue and the agenda and attendant papers at least
three clear days before a meeting.
15.2.2 To give public notice of the time, date, venue and agenda at least three
clear days before a meeting of the Council/Committee/sub-committee
(provided that the public notice of an extraordinary meeting convened by
the Chairman or councillors is signed by them). Public notice shall be given
by publication of the details of the meeting and the agenda on the Parish
Council noticeboards and on the East Bergholt Village website.
15.2.3 Subject to Standing Order 3, to include in the agenda all motions in the
order received unless a councillor has given written notice at least seven
days before the meeting confirming withdrawal of the motion.
15.2.4 To convene a meeting of the Council for the election of a new Chairman of
the Council, occasioned by a casual vacancy in the office, in accordance
with Standing Order 15.2.1.
15.2.5 To facilitate inspection of the minute book by members of the public.
15.2.6 To receive and retain copies of byelaws made by other local authorities.
15.2.7 To receive and retain declarations of acceptance of office from councillors.
15.2.8 To receive and retain a copy of every councillor’s register of interests
disclosure and any changes to it and keep copies available for inspection
by members of the public.

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15.2.9 To keep proper records required before and after meetings.
15.2.10 To process all requests made under freedom of information legislation.
15.2.11 To manage the organisation, storage of, access to, security of and
destruction of information held by the Council in paper and electronic
form in compliance with freedom of information and data protection
legislation.
15.2.12 To receive and send correspondence and notices on behalf of the Council
except where there is a resolution to the contrary.
15.2.13 To arrange for legal deeds to be signed by two councillors and witnessed
pursuant to Standing Order 20.
15.2.14 Pursuant to the Council’s Financial Regulations, to arrange for the prompt
authorisation, approval and instruction regarding any payments to be
made by the Council.
15.2.15 To record every planning application notified to the Council and the
Council’s response to the local planning authority.
15.2.16 Action or undertake activity or responsibilities instructed by resolution or
contained in Standing Orders.
16. Financial Controls and Procurement
16.1The Council shall consider and approve Financial Regulations which shall include
detailed arrangements in respect of:
16.1.1 The keeping of accounting records and systems of internal controls;
16.1.2 The assessment and management of financial risks faced by the Council;
16.1.3 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.
16.1.4 The inspection and copying by councillors and local electors of the
Council’s accounts and/or orders of payment.
16.2 Financial Regulations shall be reviewed regularly and at least annually for fitness
for purpose.
17. Estimates/Precept/Budget
17.1 Any Committee desiring to incur expenditure shall give the Proper Officer a written
estimate of the expenditure recommended for the coming financial year no later
than 30 November.
17.2 The Council shall approve written estimates (amended as appropriate) for the
coming financial year and set the Council’s budget and precept at its January
Council meeting.
18. Accounts and Financial Statement
18.1 All payments by the Council shall be authorised, approved and paid in accordance
with the Council’s Financial Regulations, which shall be reviewed annually.
18.2 The Responsible Financial Officer shall supply to each councillor as soon as
practicable after 31 March in each year, and quarterly thereafter, a statement
summarising the Council’s receipts and payments for each period and the

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balances held at the end of each period. A schedule of payments will be
presented at each ordinary Council meeting for authorisation of payment. A
quarterly statement will be submitted to Council comparing expenditure with the
budget for the financial year. A financial statement prepared on the appropriate
accounting basis (receipts and payments or income and expenditure) for the
financial year to 31 March shall be presented to each councillor before the end of
the following month of May. The Statement of Accounts of the Council (which is
subject to external audit), including the annual governance statement, shall be
presented to Council for formal approval before 30 June in each year.
19. Expenditure
19.1 Any expenditure incurred by the Council shall be in accordance with the Council’s
Financial Regulations, which shall be reviewed annually.
19.2 In the event that an emergency or urgent decision is required which does not have
Council authorisation and is needed before an extraordinary meeting can be
called, then the Chairman and Vice-Chairman after consultation with the Clerk
(RFO) are empowered to make such decision as necessary provided the
Chairman and Vice-Chairman agree. If costs are involved in that decision, then a
contingent sum of up to £5000 may be taken from available reserves. Any
decision or action taken pursuant to this Standing Order shall be reported to the
Council at its next ordinary meeting or to an extraordinary meeting if deemed more
urgent.
20. Execution of legal deeds
20.1 A legal deed shall not be executed on behalf of the Council unless execution has
been authorised by resolution.
20.2 In accordance with a resolution made pursuant to Standing Order 20.1, any two
councillors may sign any deed, on behalf of the Council, and the Proper Officer
shall witness their signatures.
21. Inspection of Documents
21.1 Subject to Standing Orders to the contrary or in respect of matters which are
confidential, a councillor may for the purposes of his official duties, but not
otherwise, inspect any document in the possession of the Council or a
committee/sub-committee and request a copy for the same purpose. The minutes
of meetings of the Council and of its committees/sub-committees shall be
available for inspection by councillors.
22. Confidential business
22.1 Councillors shall not disclose information given in confidence or which they believe
or ought to be aware is of a confidential nature.
22.2 A councillor in breach of Standing Order 22.1 may be removed from a
committee/sub-committee by resolution of the Council.
22.3 All councillors in receipt of information, whether or not confidential in nature must
comply with data protection legislation.
23. Unauthorised activities
23.1 Unless authorised by a resolution, no individual councillor shall in the name of or
on behalf of the Council or a committee/sub-committee:

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23.1.1 Inspect any land and/or premises which the Council has a right or duty to
inspect;
23.1.2 Issue orders, instructions or directions;
23.1.3 Correspond with or provide oral or written statements or written articles to
the press or other media.

24. Relations with the press/media/social media
24.1 All requests from the press or other media for an oral or written statement or
comment from the Council must be referred to the Chairman of the Council and
the Clerk for processing in accordance with the Council’s Press and
Media/Social Media policy.
24.2 In accordance with the Council’s policy, councillors shall not in their official
capacity provide oral or written statements or written articles to the press or other
media unless specifically authorised to do so by Council resolution or pursuant to
the Council’s policy.
25. Canvassing of and recommendations by councillors
25.1 Canvassing councillors or the members of a committee/sub-committee, directly or
indirectly, for appointment to or by the Council shall disqualify the candidate from
such an appointment. The Proper Officer shall disclose the provisions of this
Standing Order to every candidate.
25.2 A councillor or member of a committee/sub-committee shall not solicit a person
for appointment to or by the Council or recommend a person for such
appointment or for promotion. Nevertheless, a councillor or member of a
committee/sub-committee may give a written testimonial of a candidate’s
experience or character for submission to the Council with an application for
appointment.
25.3 This Standing Order shall apply to tenders as if the person making the tender
were a candidate for an appointment.
26. Matters affecting Council employees
26.1 If a meeting considers any matter personal to a Council employee, the public
(including the press) shall be excluded pursuant to Standing Order 1.4.
26.2 The Council (in relation to the Clerk) and the Chairmen of Committees or if the
Council so determine, the Clerk, (in relation to any other employees) are
responsible for the management of Council employees working in relation to the
Council’s/Committee’s terms of reference and shall keep written records of all
meetings relating to their performance, capabilities, grievance and disciplinary
matters.
26.3 The Council shall keep secure relevant and up to date written records relating to
employees. All paper records shall be secured under lock and electronic records
shall be password protected. In both cases data protection legislation relating to
personal data shall be complied with.
26.4 Records relating to employees including those documenting reasons for an
employee’s absence due to ill health or details of a medical condition shall be
made available only to those persons with line managerial responsibilities for the

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employee and in all cases data protection legislation relating to personal data
shall be complied with.
27. Freedom of Information
27.1 Pursuant to 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.
27.2 Correspondence from and notices served by the Information Commissioner shall
be referred by the Proper Officer to the Chairman of the Strategy, Policy and
Finance Committee, which committee shall have power to do anything to
facilitate compliance with the freedom of information legislation including
exercising the powers of the Proper Officer in respect of freedom of information
requests in Standing Order 15.2.10.
28. Data Protection
28.1 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 (for example, the Limitation
Acts).
28.2 The agenda, attendant papers and the minutes of a meeting shall not disclose or
otherwise undermine confidential information or personal data without legal
justification.
28.3 Councillors, staff, and the Council’s contractors and agents shall not disclose
confidential information or personal data without legal justification.
28.4 The Council shall have policies and procedures in place to respond to an
individual exercising statutory rights concerning their personal data.
28.5 The Council shall have a written policy in place for responding to and managing a
personal data breach.
28.6 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.
28.7 The Council shall ensure that information communicated in its privacy notice is in
an easily accessible form and kept up to date.
29. Code of Conduct and Dispensations
29.1 All councillors and non-councillors with voting rights shall observe the code of
conduct adopted by the Council when undertaking their official duties.
29.2 Unless granted a dispensation, a councillor or non-councillor with voting rights
shall withdraw from a meeting when it is considering a matter in which the
councillor/non-councillor with voting rights has a disclosable pecuniary interest.
The excluded person may return to the meeting after it has considered the
matter in which the interest was held.
29.3 Unless granted a dispensation, a councillor or non-councillor with voting rights
shall withdraw from a meeting when it is considering a matter in which the
councillor/non-councillor with voting rights has another interest if so required by

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the Council’s code of conduct. The excluded person may return to the meeting
after it has considered the matter in which the interest was held.
29.4 Dispensation requests shall be made in accordance with Standing Order 1.21
above.
29.5 A decision as to whether to grant a dispensation shall be made by a meeting of
the Council or a committee/sub-committee for which the dispensation is required
and that decision is final.
29.6 A dispensation request shall confirm:
29.6.1The description and nature of the disclosable pecuniary interest or other
interest to which the request for the dispensation relates;
29.6.2 Whether the dispensation is required to participate in a meeting in a
discussion only or a discussion and a vote;
29.6.3 The date of the meeting or the period (not exceeding four years) for which
the dispensation is sought; and
29.6.4 An explanation as to why the dispensation is sought.
29.7 Subject to Standing Orders 28.4 and 28.6, a dispensation request shall be
considered at the beginning of the meeting of the Council or committee/sub-
committee for which the dispensation is sought.
29.8 A dispensation may be granted in accordance with Standing Order 29.5 if having
regard to all relevant circumstances any of the following apply:
29.8.1 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;
29.8.2 Granting the dispensations in the interests of persons living in the Council’s
area; or
29.8.3 It is otherwise appropriate to grant a dispensation.
30. Allegations of breaches of the Code of Conduct
30.1If an allegation of a breach of the code of conduct by a councillor or non-member
with voting rights is received it shall be referred to the Monitoring Officer of
Babergh District Council for investigation.
30.2 Upon notification by the District Council that it is dealing with such allegation, the
Proper Officer shall, subject to Standing Order 27, report this to the Council.
30.3 Where the notification in Standing Order 30.2 relates to a complaint made by the
Proper Officer, the Proper Officer shall notify the Chairman of the Council of this
fact and the Chairman shall nominate another staff member to assume the duties
of the Proper Officer in relation to the allegation until it has been determined and
the Council has agreed what action, if any, to take in accordance with Standing
Order 30.5.
30.4 The Council may:
30.4.1 Provide information or evidence where such disclosure is necessary to
investigate the allegation or is a legal requirement;

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30.4.2 Seek information relevant to the allegation from the person or body with
statutory responsibility for investigation of the matter.
30.5 Upon notification by the District Council that a councillor or non-member with
voting rights has breached the Council’s code of conduct, the Council shall
consider what, if any, action to take against the person. Such action excludes
disqualification or suspension from office.
31. General Power of Competence
31.1 Before exercising the General Power of Competence, the Council shall resolve
that it meets the criteria for eligibility relating to the electoral mandate (at least two
thirds of councillors must have been elected) and the relevant training of the Clerk
(must hold the certificate in Local Council Administration, the Certificate of Higher
Education in Local Policy, the Certificate of Higher Education in Local Council
administration or the first level of the foundation degree in Community
Engagement and Governance).
31.2 An eligible council could:
31.2.1 Lend or invest money;
31.2 2 Set up a company or co-operative society to trade and engage in
commercial activity;
31.2.3 Run a community shop or post office;
31.2.4 The power is not restricted to use within the parish, it can be used
anywhere.

31.3 The Council’s period of eligibility begins on the date that the resolution under
Standing Order 31.1 was made and expires on the day before the relevant annual
meeting. A further resolution must be passed at every subsequent relevant annual
meeting for the Council to be able to continue to exercise the power. The relevant
annual meeting is the annual meeting which takes place in a year of ordinary
elections, once every four years.
32. Standing Orders
32.1The Proper Officer shall provide a copy of these Standing Orders to a councillor
upon delivery of the councillor’s declaration of acceptance of office and written
undertaking to comply with the Council’s code of conduct.
32.2 The Chairman’s decision as to the application of Standing Orders at meetings
shall be final.
32.3 A councillor’s failure to observe Standing Orders more than three times in one
meeting may result in the councillor being excluded from the meeting pursuant to
Standing Order 8.
33. Variation, revocation and suspension of Standing Orders
33.1 Any or every part of these Standing Orders, except those which are mandatory by
law, may be suspended by resolution in relation to any specific item of business.
33.2 A motion to add or vary or revoke one or more of these Standing Orders, not
mandatory by law, shall be proposed by a special motion, the written notice of
which shall bear the names of at least three councillors.

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