EAST BERGHOLT PARISH COUNCIL
STANDING ORDERS
Updates Approved/Adopted Parish Council Meeting – 10
th
October 2019/
Review Body: Strategy, Policy & Finance Committee to Full Statutory Parish Council;
Review Period: Annually;
Next Review: October 2020.
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Index
Standing
order
Page Standing
order
Page
1 Meetings 2/3/4 20 Estimates/precepts 16
2 Statutory Council
meetings
4/5 21 Canvassing of and
recommendations by
councillors
16
3a
3b
3c
The Clerk
Proper Officer
The Chairman
5
5/6
7
22 Inspection of documents 16
4 Motions requiring written
notice
7/8 23 Unauthorised activities 16
5 Motions not requiring
written notice
8/9 24 Confidential business 17
6 Rules of debate 9/10 25 General Power of
Competence
17
7 Code of conduct 11 26 Matters affecting council
employees
17/18
8 Questions 11 27 Freedom of Information Act
2000
18
9 Minutes 11/12
10 Disorderly conduct 12 28 Relations with the
press/media
18
11 Rescission of previous
resolutions
12 29 Liaison with County, District
and Unitary Councillors
18
12 Voting on appointments 12 30 Financial matters 19
13 Expenditure 12
14 Execution & sealing of
legal deeds
13 31 Allegations of breaches of the
code of conduct
19/20
15 Committees 13/14 32 Variation, revocation and
suspension of standing
orders
20
16 Working Parties 14 33 Standing orders to be given
to councillors
20
17 Advisory Committees. 15
18 Extraordinary meetings. 15 34 Responsibilities under the
General Data Protection
Regulation (GDPR) 2018
21
19 Accounts and Financial
Statement
15/16
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1. Meetings
a Meetings of the Council shall be held at the Lambe School at 7.30pm unless otherwise
decided at a previous meeting.
b 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.
c When calculating the 3 clear days, 7days for the Annual Parish meeting, for notice of a
meeting to councillors and the public, 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 shall not count.
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 the
following resolution:
“The Public Bodies (Admission to Meetings Act 1960 and the Local Government Act
1972 ss 100 and 102), the Council/Committee is asked to consider and agree to exclude
the Public and the Press, that in view of the confidential nature of the business about to
be transacted, it is advisable in the public interest that the public be excluded and they
are instructed to withdraw.
e Subject to standing order 1(d) above, members of the public are permitted to make
representations, answer questions and give evidence in respect of any item of business.
f The period of time which is designated for public participation in accordance with standing
order 1(e) above shall not exceed 30 minutes unless otherwise agreed.
g Subject to standing order 1f) above, each member of the public is entitled to speak once only in
respect of business itemised on the agenda and shall not speak for more than 3 minutes and
for a total of 30 minutes.
h In accordance with standing order 1(d) above, a question asked by a member of the public
during a public participation session at a meeting shall not require a response or debate.
i In accordance with standing order 1(h) above, the Chairman may direct that a response to a
question posed by a member of the public be referred to a Councillor for an oral response or to
an employee for a written or oral response.
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j A record of a public participation session at a meeting shall be included in the minutes of that
meeting.
k A person shall raise his hand when requesting to speak and stand when speaking (except
when a person has a disability or is likely to suffer discomfort)]. The Chairman may at any time
permit an individual to be seated when speaking.
l Any person speaking at a meeting shall address his 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
m A Member of the Public present at a meeting may not provide an oral or oral commentary
about a meeting as it takes place without permission.
n Subject to 3 (m) above. 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 or
make an audio recording of meeting proceedings, use any other means for enabling persons
not present to see or hear the meeting, so that the report or commentary is available as the
meeting takes place or later to persons not present.
n In accordance with standing order 1(d) above, the press shall be provided 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 Chairman may in his absence be done by, to or before the
Vice-Chairman (if any).
p The Chairman, if present, shall preside at a meeting. If the Chairman is absent* from a
meeting, the Vice-Chairman, if present, shall preside. If both the Chairman and the Vice-
Chairman are absent from a meeting**, a Councillor as chosen by the Councillors
present at the meeting shall preside at the meeting and not beyond the meeting.
q Subject to model standing order 1 (y) below, all questions at a meeting shall be decided
by a majority of the Councillors present and voting thereon.
r The Chairman 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 also standing orders 2 (i) and (j) below.)
s Unless standing orders provide otherwise, voting on any question shall be by a show of
hands. Abstentions shall not be recorded. 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 his vote for or against that question. Such a request shall be made before
moving on to the next item of business on the agenda.
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t The minutes of a meeting shall record the names of councillors present and absent.
u The Suffolk Code of Conduct adopted by the Council shall apply to councillors in
respect of the entire meeting.
*in this sense absent means not available in person
**Clerk approaches any Standing Committee Chair available
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 the quorum of a meeting be no less
than 5.
w 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 following meeting.
x Each meeting shall not exceed a period of 2 hours unless otherwise agreed by formal proposal.
2. Statutory Council meetings
See also standing order 1 above
a In an election year, the annual Parish Council meeting shall be held on or within 14
days following the day on which the new councillors elected take office.
b In a year, which is not an election year, the Annual Parish Council meeting shall be
held on the second Thursday in May.
c If no other time is fixed, the Annual Parish Council meeting shall take place at 7.30pm.
d On the second Thursday of each month there will either be a Full Council meeting or a
Statutory Council meeting. In addition to the Annual Parish Council meeting in May, at
least five other Statutory Council meetings shall take place in the months of January,
March, July, September, November. Full Council Meetings will take place in the
months of February, June, August, October, December, with the Annual Parish meeting
in April.
e The election of the Chairman and Vice-Chairman of the Council shall be the first
business completed at the Annual Parish Council meeting.
f The Chairman of the Council, unless he has resigned or becomes disqualified, shall
continue in office and preside at the annual meeting until his successor is elected at
the next Annual Parish Council meeting.
g The Vice-Chairman of the Council, if any, unless he resigns or becomes disqualified,
shall hold office until immediately after the election of the Chairman of the Council at
the next Annual Parish Council meeting.
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h In an election year, if the current Chairman of the Council has not been re-elected as a
member of the Council, he shall preside at the meeting until a successor Chairman of
the Council has been elected. The current Chairman of the Council shall not have an
original vote in respect of the election of the new Chairman 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 Chairman of the Council has been re-elected as a
member of the Council, he shall preside at the meeting until a new Chairman of the
Council has been elected. He may exercise an original vote in respect of the election of
the new Chairman of the Council and must give a casting vote in the case of an
equality of votes.
j Following the election of the Chairman and Vice Chairman of the Council at the Annual
Parish Council, the order of business shall be as follows.
a. In an election year, delivery by councillors of their declarations of acceptance of
office.
i. Confirmation of the accuracy of the minutes of the last meeting of the Council
and to receive and note minutes of and/or to determine recommendations
made by committees.
ii. Review of the terms of references for committees.
iii. Appointment of committee members.
iv. Review and adoption of appropriate standing orders and financial regulations.
v. Establishing or reviewing the Council’s complaints procedure.
vi. Establishing or reviewing the Council’s policy for dealing with the press/media
vii. Review of the Council’s employment policies and procedures
viii. Review of the Council’s expenditure incurred under S137, S138B and
Section 142 of the Local Government Act 1972 or the General Power of
Competence
3a The Clerk
a The Clerk is employed by the Council (under section 112 (1) of the Local Government
Act1972) to provide administrative support for the Council’s activities.
b Any other staff, although employed by the Council, shall answer to the Chairman of the
relevant committee who is their manager and is responsible for their performance.
c 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 help with 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.
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d The Clerk has a wide range of other responsibilities which are set out in his/her job
description.
e The Clerk must recognise that the Council is responsible for all decisions and that he/she
takes instructions from the Council as a body.
f The Clerk 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.
3b Proper Officer
a 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 orders.
b The Council’s Proper Officer shall do the following.
i. Serve on councillors by delivery or post at their residences or by email
authenticated in such manner as the Proper Office thinks fit, a signed summons
confirming the time, place and the agenda (provided the councillor has consented
to service by email), at least 3 clear days before the meeting and for a meeting of
a committee in accordance with rules approved by Council 8 September 2005.
ii. Give public notice of the time, date, venue and agenda at least 3 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 the Chairman or councillors is signed by them). Provide in
a conspicuous place, public notice of the time, place and agenda.
iii. Subject to standing orders 4(a)–(e) below, include in the agenda all motions in the order
received unless a councillor has given written notice at least 7days before the meeting
confirming his withdrawal of it.
iv. Convene a meeting of full Council for the election of a new Chairman of the
Council, occasioned by a casual vacancy in his office, in accordance with
standing order [3(b)i] above.
v. Facilitate inspection of the minute book by local government electors.
vi. Receive and retain copies of byelaws made by other local authorities.
vii. Receive and retain declarations of acceptance of office from councillors.
viii. Retain a copy of every councillor’s register of interests and any changes to it and keep
copies of the same available for inspection.
ix. Keep proper records required before and after meetings;
x. Process all requests made under the Freedom of Information Act 2000 and the GDPR
(General Data Protection Regulation) 2018, in accordance with, and subject to the
Council’s procedures relating to the same.
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xi. Receive and send general correspondence and notices on behalf of the Council except
where there is a resolution to the contrary.
xii. Manage the organisation, storage of and access to information held by the Council in
paper and electronic form whilst complying with the GDPR 2018.
xiii. Arrange for legal deeds to be signed by 2 councillors and witnessed (See also model
standing orders 14(a) and (b).)
xiv. Arrange for the prompt authorisation, approval, and instruction regarding any payments
to be made by the Council in accordance with the Council’s financial regulations.
xv. Record every planning application notified to the Council and the Council’s response to
the local planning authority for such purpose;
xvi. Action or undertake activity or responsibilities instructed by resolution or contained in
standing orders.
3c The Chairman
a The Chairman is elected by the members of the Council at the Annual Parish Council meeting
and serves for twelve months (Section 15 (1) of the Local Government act 1972). A Chairman
may only serve for 2 consecutive years in any one Council term. The out-going Chairman, if
prepared, can be re-elected in the absence of any other nominee being willing to stand.
b The Chairman’s main role is to run Council meetings.
c He/she can suggest the content and design of the agenda, but as legal signatory, the Clerk
has the final say.
d 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 by managing the
meetings of the Council.
e The Chairman is responsible for involving all Councillors in discussion and ensuring that
Councillors keep to the point.
f The Chairman summarises the debate and facilitates the making of clear Resolutions and is
responsible for keeping discussions moving so that the meeting is not too long.
g The Chairman has a casting vote. His/her first vote is a personal vote as a member of the
Council. If there is a tied vote, the Chairman can have a second, casting vote. They have no
other voting privileges. Their first personal vote must be recorded as for, against, or
abstention.
h The Chairman will often be the public face of the Council and will represent the Council at
official events. He/she may be asked to speak on behalf of the Council and, in such
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circumstances, should only expresses the agreed views of the Council and not his/her
personal views.
i The Chairman cannot legally make a decision on behalf of the Council.
4 Motions requiring written notice
a In accordance with standing order 3(b)(iii) above, no motion may be moved at a meeting unless
it is included in the agenda and the mover has given written notice of its wording to the
Council’s Proper Officer at least 7 clear days before the next meeting.
b The Proper Officer may, before including a motion in the agenda received in accordance with
standing order 4(a) above, correct obvious grammatical or typographical errors in the wording
of the motion.
c If the Proper Officer considers the wording of a motion received in accordance with standing
order 4(a) above 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 7 clear
days before the meeting.
d If the wording or nature of a proposed motion is considered unlawful or improper, the Proper
Officer shall consult with the Chairman of the forthcoming meeting or, as the case may be, the
Councillors who have convened a meeting, to consider whether the motion shall be included or
rejected in the agenda.
e Having consulted the Chairman or councillors pursuant to standing order 4(d) above, the
decision of the Proper Officer as to whether or not to include the motion in the agenda shall be
final.
f Every motion and resolution 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.
5. Motions not requiring written notice
a Motions in respect of the following matters may be moved without written notice.
i. To appoint a person to preside at a meeting.
ii. To approve the accuracy of the minutes of the previous meeting.
iii. To correct an inaccuracy in the minutes of the previous meeting.
iv. To dispose of business, if any, remaining from the last meeting.
v. To alter the order of business on the agenda for reasons of urgency or expedience.
vi. To proceed to the next business on the agenda.
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vii. To close or adjourn debate.
viii. To refer by formal delegation a matter to a committee or to a sub-committee or an
employee.
ix. To appoint a committee or sub-committee or any councillors (including substitutes)thereto.
x. To receive nominations to a committee or sub-committee.
xi. To dissolve a committee or sub-committee.
xii. To note the minutes of a meeting of a committee or sub-committee.
xiii. To consider a report and/or recommendations made by a committee or a sub- committee or
an employee.
xiv. To consider a report and/or recommendations made by an employee, professional advisor,
expert or consultant.
xv. To authorise legal deeds signed by two councillors and witnessed.
(See standing orders 14(a) and (b) below.)
xvi. To extend the time limit for speeches.
xvii. To exclude the press and public for all or part of a meeting.
xviii. To silence or exclude from the meeting a Councillor or a member of the public for disorderly
conduct.
xix. To give the consent of the Council if such consent is required by standing orders.
xx. To suspend any standing order except those which are mandatory by law.
xxi. To adjourn the meeting.
xxii. To appoint representatives to outside bodies and to make arrangements for those
representatives to report back the activities of outside bodies.
xxiii. To answer questions from councillors.
xxiv. To agree urgent, unforeseen action/business.
b If a motion falls within the terms of reference of a committee or sub-committee or within the
delegated powers conferred on 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.
6. Rules of debate
a Motions included in an agenda shall be considered in the order that they appear on the agenda
unless the order is changed at the Chairman’s direction for reasons of expedience.
b Subject to standing orders 4(a)–(e) above, a motion shall not be considered unless it has been
proposed and seconded.
c Subject to standing order 3(b)(iii) above, a motion included in an agenda not moved by the
councillor who tabled it, may be treated as withdrawn unless adopted by another councillor.
d A motion to amend an original or substantive motion shall not be considered unless proper
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notice has been given after the original or substantive motion has been seconded and notice of
such amendment, shall, if required by the Chairman, be reduced to writing and handed to the
Chairman who shall determine the order in which they are considered.
e A Councillor may move amendments to his own motion. If a motion has already been
seconded, an amendment to it shall be with the consent of the seconder.
f Any amendment to a motion shall be either:
i. to leave out words;
ii. to add words;
iii. to leave out words and add other words.
g A proposed or carried amendment to a motion shall not have the effect of rescinding the
original or substantive motion under consideration.
h Only one amendment shall be moved and debated at a time, the order of which shall be
directed by the Chairman. No further amendment to a motion shall be moved until the previous
amendment has been disposed of.
i Subject to Standing Order 6(h) above, one or more amendments may be discussed together if
the Chairman considers this expedient but shall be voted upon separately.
j Pursuant to standing order 6(h) above, the number of amendments to an original or substantive
motion, which may be moved by a councillor, is limited to one.
k If an amendment is not carried, other amendments shall be moved in the order directed by the
Chairman.
l 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.
m The mover of a motion or the mover of an amendment shall have a right of reply, not exceeding
2 minutes.
n Where a series of amendments to an original motion 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 debate
and immediately before it is put to the vote.
o Subject to standing orders 6(m) and (n) above, a councillor may not speak further in respect of
any one motion except to speak once on an amendment moved by another councillor or to
make a point of order or to give a personal explanation.
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 shall identify the standing order which he considers has been breached or specify
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the irregularity in the meeting he is concerned by.
q A point of order shall be decided by the Chairman and his decision shall be final but must not
contravene Standing Orders.
r With the consent of the seconder and/or of the meeting, a motion or amendment may be
withdrawn by the proposer. A councillor shall not speak upon the said motion or amendment
unless permission for the withdrawal of the motion or amendment has been refused.
s Subject to standing order 6(o) above, when a councillor’s 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 silent or for him 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;
ix. to suspend any standing order, except those which are mandatory.
t In respect of standing order 6(s)(iv) above, the Chairman shall first be satisfied that the motion
has been sufficiently debated before it is seconded and put to the vote. The Chairman shall
call upon the mover of the motion under debate to exercise or waive his right of reply and shall
put the motion to the vote after that right has been exercised or waived. The adjournment of a
debate or of the meeting shall not prejudice the mover’s right of reply at the resumption.
7. Code of conduct (Suffolk Local Code of
Conduct adopted 10th July 2014)
a All Councillors shall observe the Code of Conduct adopted by the Parish Council on 10 July
2014.
b Councillors requiring dispensation for Disclosable Pecuniary Interest (DPI) or Local Non-
Pecuniary Interest (LNPI) must apply in writing to the Clerk on the designated form.
8. Questions
a A councillor may seek an answer to a question concerning any business of the Council
provided 7 clear days notice of the question has been given to the Proper Officer.
b Every question shall be put and answered without discussion.
c Any question regarding formal clarification, the Clerk shall make a written request to the
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appropriate advisory body.
9. Minutes
a If a copy of the draft minutes of a preceding meeting has been circulated to councillors no
later than the day of service of the summons to attend the scheduled meeting they shall be
taken as read.
b No discussion of the draft minutes of a preceding meeting shall take place except in relation to
their accuracy. A motion to correct an inaccuracy in the minutes shall be raised in accordance
with standing order 5(a) (iii) above.
c Minutes, including any amendment to correct their accuracy, shall be confirmed 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.
d If the Chairman of the meeting does not consider the minutes to be an accurate record of the
meeting to which they relate, he shall sign the minutes and include a paragraph in the following
terms or to the same effect:
“The Chairman of this meeting does not believe that the minutes of the meeting of East
Bergholt Parish Council held on [date] in respect of ( ) were a correct record but his
view was not upheld by the majority of the ( ) and the minutes are confirmed as an
accurate record of the proceedings.”
e Subject to the publication of draft minutes as detailed above 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.
10. Disorderly Conduct
a No person shall obstruct the transaction of business at a meeting or behave offensively or
improperly.
b If, in the opinion of the Chairman, there has been a breach of standing order 10(a) above, 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.
c If a resolution made in accordance with standing order 10(b) above, is disobeyed, the
Chairman may take such further steps as may reasonably be necessary to enforce it and/or he
may adjourn the meeting.
11. Rescission of previous resolutions
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a A resolution (whether affirmative or negative) of the Council shall not be reversed within 6
months except either by a special motion, the written notice whereof bears the names of at
least 7 councillors of the Council, or by a motion moved in pursuance of the report or
recommendation of a committee.
b When a special motion or any other motion moved pursuant to standing order 11(a) above has
been disposed of, no similar motion may be moved within a further 6 months.
12. Voting on appointments
a Where more than 2 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. Any tie
may be settled by the Chairman’s casting vote.
13. Expenditure
a (i) in conjunction with Financial Regulation no. 11:
In the event that an emergency or urgent decision is required that does not have a Parish
Council Authorisation and is needed before an extraordinary meeting can be called, then the
Chairman and Vice-Chairman in consultation with the Clerk (RFO) are empowered to make
such decision as necessary provided the Chair and Vice-Chair agree. If costs are involved
in said decision, then a contingent sum of up to £5000 be taken from available reserves.
Any decision or action taken to be reported to Full Council at its next meeting or
extraordinary meeting if deemed more urgent.
(ii) Any expenditure incurred by the Council shall be in accordance with the Council’s
Financial Regulations.
b The Council’s Financial Regulations shall be reviewed once a year.
14. Execution and sealing of legal deeds
See also standing order 5(a)(xv) above
a A legal deed shall not be executed on behalf of the Council unless the same has been
authorised by a resolution.
b In accordance with a resolution made under standing order 14(a) above, any two
members of the Council, may sign, on behalf of the Council, any deed required by law
and the Proper Officer shall witness their signatures.
15. Committees and Sub-committees
See also standing order 1 above
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a The Council shall, at its annual Parish Council meeting, appoint standing committees and may
at any other time appoint such other committees as may be necessary.
i. their terms of reference, as approved by Council and reviewed annually are defined as
follows:
Strategy, Policy and Finance Committee.
• ensure Council’s compliance with the NALC Financial Regulations as adopted by Council.
• formulate and recommend Council’s policies for the benefit of the Parish.
Burial Grounds Committee.
• organise and maintain the Burial Grounds for the benefit of the Parish.
• ensure compliance with the Local Authorities Cemeteries Order 1977.
Playing Fields Committee.
• ensure the playing fields and associated equipment are provided for the use of the whole
Parish.
• maintain and update equipment and facilities as necessary.
Roads, Footpaths and Flatford Committee.
• deal with the management of litter and matters relating to public footpaths, bridle paths,
miscellaneous street furniture and Parish Council owned public seats within the Parish.
• liaise with the appropriate authority concerning matters pertaining to the roads and
pavements with the Parish.
ii. committees shall determine the dates of their meetings in accordance with agreed procedures
agreed by council 12.08.2009 and reviewed annually.
iii. shall appoint and determine the term of office of councillor or non-councillor members of
such a committee (unless the appointment of non-councillors is prohibited by law) so as to
hold office no later than the next annual meeting;
iv. may in accordance with standing orders, dissolve a committee at any time.
b The Chairman and Vice-Chairman ex-officio, shall be members of every committee.
c Every committee shall at its first meeting before proceeding to any other business, elect a
Chairman and may elect a Vice-Chairman who shall hold office until the next Annual Meeting of
the council, and shall settle its programme of meetings for the year.
d Minutes of committee meetings shall be taken and copies passed to the Clerk for record.
e Unless there is a Council resolution to the contrary, every committee may appoint a sub-
committee whose terms of reference and members shall be determined by resolution of the
committee.
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f Except where ordered by the Council in the case of a committee, or by the Council or by the
appropriate committee in the case of a sub-committee, the quorum of a committee or sub-
committee shall be one-half of its members including the Chairman and Vice-Chairman as ex
officio members of all committees or sub-committees.
g The Standing Orders on rules of debate and the Standing Order on interests of members in
contracts and other matters shall apply to committee and sub-committee meetings.
h Members of committees and sub-committees entitled to vote shall do so by show of hands, or,
if at least two members so request, by signed ballot.
i Chairmen of committees and sub-committees shall in the case of an equality of votes
have a second or casting vote.
j A member who has proposed a resolution which has been referred to any committee of which
he is not a member, may explain his resolution to the committee but shall not vote.
16. Working Parties
Working Parties are occasionally set up for a short-term purpose by the Parish Council but if
the Council decides under exceptional circumstances there is a need to make it a longer-term
purpose it may do so. They are not subject to the strict rules that 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. It is only to inform the Council on the purpose for which it is set up.
17. Advisory committees
See also standing order 1 above
a The Council may appoint advisory committees comprised of a number of councillors and non-
councillors.
b Advisory committees and any sub-committees may consist wholly of persons who are non-
councillors.
18. Extraordinary meetings
See also standing order 1 above
a The Chairman of the Council may convene an extraordinary meeting of the Council at
any time.
b If the Chairman of the Council does not or refuses to call an extraordinary meeting of the
Council within 7 days of having been requested to do so by two councillors, those two
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councillors may convene an extraordinary meeting of the Council. The statutory public
notice giving the time, venue and agenda for such a meeting must be signed by the two
councillors.
c The Chairman of a committee (or a sub-committee) may convene an extraordinary meeting of
the committee or sub-committee at any time.
d If the Chairman of a committee (or a sub-committee) does not or refuses to call an
extraordinary meeting within 7 days of having been requested by to do so by 2 councillors,
those 2 councillors may convene an extraordinary meeting of a committee (or a sub-
committee). The statutory public notice giving the time, venue and agenda for such a meeting
must be signed by 2 councillors.
19. Accounts and Financial Statement
a All payments by the Council shall be authorised, approved and paid in accordance with the
Council’s Financial Regulations, which shall be reviewed annually.
b 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 balances held at the end of each period. A
schedule of payments will be presented at each full Parish Council Meeting for authorisation of
payment. This statement should include a comparison with the budget for the financial year. A
Financial Statement prepared on the appropriate accounting basis (receipts and payments, or
income and expenditure) for a 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.
20. Estimates/Precept/Budget
a The Council shall approve written estimates for the coming financial year at its January
Statutory meeting.
b Any committee desiring to incur expenditure shall give the Proper Officer a written estimate of
the expenditure recommended for the coming year no later than 30
th
November.
21. Canvassing of and recommendations by
councillors
a Canvassing councillors or the members of a committee or 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 requirements of this standing order to every candidate.
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b A councillor or a member of a committee or sub-committee shall not solicit a person for
appointment to or by the Council or recommend a person for such appointment or for
promotion; but, nevertheless, any such person may give a written testimonial of a candidate’s
ability, experience or character for submission to the Council with an application for
appointment.
c This standing order shall apply to tenders as if the person making the tender were a candidate
for an appointment.
22. Inspection of documents
a Subject to standing orders to the contrary or in respect of matters which are confidential, a
councillor may, for the purpose of his official duties (but not otherwise), inspect any document in
the possession of the Council or a committee or a sub-committee, and request a copy for the
same purpose. The minutes of meetings of the Council, its committees or sub-committees shall
be available for inspection by councillors.
23. Unauthorised activities
a Unless authorised by a resolution, no individual councillor shall in the name or on behalf of the
Council, a committee or a sub-committee:
i. inspect any land and/or premises which the Council has a right or duty to inspect; or
ii. issue orders, instructions or directions.
iii. correspond with or provide oral or written statements or written articles to the press or other
media.
24. Confidential business
a Councillors shall not disclose information given in confidence or which they believe, or ought to
be aware is of a confidential nature.
b A councillor in breach of the provisions of standing order 24(a) above may be removed from a
committee or a sub-committee by a resolution of the Council.
c All councillors and employees abide by the GDPR 2018 relating to personal data and
information.
25. General Power of Competence
a Before exercising the General Power of Competence, a meeting of the full Council shall
resolve that it meets the criteria for eligibility relating to the electoral mandate (at least
2/3rds of Councillors must have been elected) and relevant training of the Clerk (must
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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).
b An eligible council could:
• lend or invest money
• could set up a company or co-operative society to trade and engage in
commercial activity
• could run a community shop or post office
the power is not restricted to use within the Parish it can be used anywhere
c The Council’s period of eligibility begins on the date that the resolution under Standing
Order 25(a) above was made and expires on the day before the Annual Meeting of the
Council that takes place in a year of ordinary elections.
d A further resolution must be passed at every subsequent “relevant annual meeting” for
the Council to be able to continue to exercise the power. A “relevant annual meeting” is
the annual meeting that takes place in a year of ordinary elections, once every four
years.
26. Matters affecting council employees
a If a meeting considers any matter personal to a Council employee, the press and public shall
be excluded pursuant to standing order 1(d) above.
b The Chairs of Committees are responsible for the management of Council employees working
in relation to the Committee’s terms of reference and shall keep written records of all meetings
relating to their performance, and capabilities, grievance and disciplinary matters.
c The Council shall keep relevant and up to date written records relating to employees secure. All
paper records shall be secured under lock and electronic records shall be password protected
and in accordance with the GDPR 2018.
d Records 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 responsibility for the same
and in accordance with the GDPR 2018.
e Only persons with line management responsibilities shall have access to employee records
referred to in standing orders 26(c) and (h) above if so justified and in accordance with the
GDPR 2018.
27. Freedom of Information Act 2000
a In accordance with the Freedom of Information legislation, the Council shall publish information
in accordance with its Publication Scheme and respond to requests for information held by the
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Council.
b 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. The said
committee shall have the power to do anything to facilitate compliance with the Freedom of
Information Act 2000 including exercising the powers of the Proper Officer in respect of
Freedom of Information requests set out under’ standing order’ 3(b)(x) above.
28. Relations with the press/media
a All requests from the press or other media for an oral or written statement or comment from the
Council shall be processed in accordance with the Council’s policy as adopted 12 February
2014 in respect of dealing with the press and/or other media.
b In accordance with the Council’s policy in respect to dealing with the press and/or other media,
councillors shall not, in their official capacity, provide oral or written statements or written
articles to the press or other media.
c Attendance by the public, their participation, photographing, recording, filming or other reporting
is permitted at a meeting of the Council’s sub-committees.
29. Liaison 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
councillor of the District and County or Unitary Council representing its electoral ward.
b No District Councillor shall make representation on behalf of the Parish Council without full
council resolution and written request.
30. Financial matters
a By resolution, NALC Model Financial Regulations 2002 were adopted by the Council at its
Meeting held on 14
th
June 2007; further revised and adopted 8
th
May 2008; further revised and
adopted 10 May 2012. The Financial Regulations are attached hereto.
31. Allegations of breaches of the code of
conduct
a On receipt of a notification that there has been an alleged breach of the code of conduct the
Proper Officer shall refer it to a committee known as the Strategy, Policy and Finance
Committee.
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b Where the notification relates to a complaint made by the Proper Officer, the Proper Officer
shall notify the Chairman of the Strategy, Policy and Finance Committee of that fact, who, upon
receipt of such notification, shall nominate a person to assume the duties of the Proper Officer
set out in the remainder of this standing order, who shall continue to act in respect of that
matter as such until the complaint is resolved.
c Where a notification relates to a complaint made by an employee (not being the Proper
Officer) the Proper Officer shall ensure that the employee in question does not deal with
any aspect of the complaint.
d The subject matter of notifications shall be confidential and, insofar as it is possible to do so by
law, the Council (including the Proper Officer and the Chairman of the Strategy, Policy and
Finance Committee) shall take the steps set out below, together with other steps considered
necessary, to maintain confidentiality.
i. Draft the summonses and agendas in such a way that the identity and subject matter of the
complaint are not disclosed.
ii. Ensure that any background papers containing the information set out in standing order
31(a) above are not made public.
iii. Ensure that the public and press are excluded from meetings as appropriate.
iv. Ensure that the minutes of meetings preserve confidentiality.
v. Consider any liaison that may be required with the person or body with statutory
responsibility for the investigation of the matter.
e Standing order 31(d) above should not be taken to prohibit the Council (whether through the
Proper Officer or the Chairman of the Strategy, Policy and Finance Committee or otherwise)
from disclosing information to members and officers of the Council or to other persons where
such disclosure is necessary to deal with the complaint or is required by law.
f The Strategy, Policy Committee shall have the power to:
i. seek documentary and other evidence from the person or body with statutory responsibility
for investigation of the matter;
ii. seek and share information relevant to the complaint;
iii. grant the member involved a financial indemnity in respect of legal costs, which shall be in
accordance with the law and subject to approval by a meeting of the full Council.
g References in standing order 31 to a notification shall be taken to refer to a communication of
any kind which relates to a breach or an alleged breach of the code of conduct by a councillor.
32. Variation, revocation and suspension of
standing orders
a Any or every part of the standing orders, except those which are mandatory by law, may be
suspended by resolution in relation to any specific item of business.
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b A motion to add to or vary or revoke one or more of the Council’s standing orders, not
mandatory by law, shall be proposed by a special motion, the written notice whereof bears the
names of as least 3 councillors.
33. Standing orders to be given to Councillors
a The Proper Officer shall provide a copy of the Council’s standing orders to a councillor upon
delivery of his declaration of acceptance of office and written undertaking to comply with the
Code of Conduct adopted by the Council.
b The Chairman’s decision as to the application of standing orders at meetings shall be final.
c A councillor’s failure to observe standing orders more than 3 times in one meeting may result in
him being excluded from the meeting in accordance with standing orders.
34. Responsibilities under Data Protection
a
The Council shall have in place and keep under review, polices 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.
b. 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.
c. Councillors, staff, the Council’s contractors and agents shall not disclose
confidential information or personal data without legal justification.
d. The Council shall have policies and procedures in place to respond to an
individual exercising statutory rights concerning his/her personal data.
e. The Council shall have a written policy in place for responding to and
managing a personal data breach.
f. 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.
g. The Council shall ensure that information communicated in its privacy notice is
in an easily accessible and available form and kept up to date.
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