Bourton on the Hill Parish Council – Standing Orders 2017
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Standing orders
1. Rules of debate at meetings 177
2. Disorderly conduct at meetings 179
3. Meetings generally 180
4. Committees and sub-committees 183
5. Ordinary council meetings 184
6. Extraordinary meetings of the council and committees
and sub-committees 186
7. Previous resolutions 186
8. Voting on appointments 187
9. Motions for a meeting that require written notice
to be given to the Proper Officer 187
10. Motions at a meeting that do not require written notice 188
11. Handling confidential or sensitive information 189
12. Draft minutes 189
13. Code of conduct and dispensations 190
14. Code of conduct complaints 191
15. Proper Officer 192
16. Responsible Financial Officer 194
17. Accounts and accounting statements 194
18. Financial controls and procurement 195
19. Handling staff matters 196
20. Requests for information 197
21. Relations with the press/media 198
22. Execution and sealing of legal deeds 198
23. Communicating with District and County or
Unitary councillors 198
24. Restrictions on councillor activities 199
25. Standing orders generally 199
1. Rules of debate at meetings
a Motions on the agenda shall be considered in the order that they appear unless the
order is changed at the discretion of the chairman of the meeting.
b A motion (including an amendment) shall not be progressed unless it has been moved
and seconded.
c A motion on the agenda that is not moved by its proposer may be treated by the
chairman of the meeting as withdrawn.
d If a motion (including an amendment) has been seconded, it may be withdrawn by the
proposer only with the consent of the seconder and the meeting.
e An amendment is a proposal to remove or add words to a motion. It shall not negate
the motion.
f If an amendment to the original motion is carried, the original motion becomes the
substantive motion upon which further amendment(s) may be moved.
g An amendment shall not be considered unless early verbal notice of it is given at the
meeting and, if requested by the chairman of the meeting, is expressed in writing to
the chairman.
h A councillor may move an amendment to his own motion if agreed by the meeting. If a
motion has already been seconded, the amendment shall be with the consent of the
seconder and the meeting.
i If there is more than one amendment to an original or substantive motion, the
amendments shall be moved in the order directed by the chairman.
j Subject to standing order 1(k) below, only one amendment shall be moved and
debated at a time, the order of which shall be directed by the chairman of the meeting.
k One or more amendments may be discussed together if the chairman of the meeting
considers this expedient but each amendment shall be voted upon separately.
l A councillor may not move more than one amendment to an original or substantive
motion.
m The mover of an amendment has no right of reply at the end of debate on it.
n Where a series of amendments to an original motion are carried, the mover of the
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original motion shall have a right of reply either at the end of debate of the first
amendment or at the very end of debate on the final substantive motion immediately
before it is put to the vote.
o Unless permitted by the chairman of the meeting, a councillor may speak once in the
debate on a motion except:
i. to speak on an amendment moved by another councillor;
ii. to move or speak on another amendment if the motion has been amended since
he last spoke;
iii. to make a point of order;
iv. to give a personal explanation; or
v. in exercise of a right of reply.
p During the debate of a motion, a councillor may interrupt only on a point of order or a
personal explanation and the councillor who was interrupted shall stop speaking. A
councillor raising a point of order shall identify the standing order which he considers
has been breached or specify the other irregularity in the proceedings of the meeting
he is concerned by.
q A point of order shall be decided by the chairman of the meeting and his decision shall
be final.
r When a motion is under debate, no other motion shall be moved except:
i. to amend the motion;
ii. to proceed to the next business;
iii. to adjourn the debate;
iv. to put the motion to a vote;
v. to ask a person to be no longer heard or to leave the meeting;
vi. to refer a motion to a committee or sub-committee for consideration;
vii. to exclude the public and press;
viii. to adjourn the meeting; or
ix. to suspend particular standing order(s) excepting those which reflect mandatory
statutory requirements.
s Before an original or substantive motion is put to the vote, the chairman of
the meeting shall be satisfied that the motion has been sufficiently debated and that
the mover of the motion under debate has exercised or waived his right of reply.
t Excluding motions moved understanding order 1(r) above, the
contributions or speeches by a councillor shall relate only to the motion under
discussion and shall not exceed five minutes without the consent of the chairman of
the meeting.
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2. Disorderly conduct at meetings
a No person shall obstruct the transaction of business at a meeting or behave
offensively or improperly. If this standing order is ignored, the chairman of the meeting
shall request such person(s) to moderate or improve their conduct.
b If person(s) disregard the request of the chairman of the meeting to moderate or
improve their conduct, any councillor or the chairman of the meeting may move that
the person be no longer heard or excluded from the meeting. The motion, if seconded,
shall be put to the vote without discussion.
c If a resolution made under standing order 2(b) above is ignored, the chairman of the
meeting may take further reasonable steps to restore order or to progress the meeting.
This may include temporarily suspending or closing the meeting.
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3. Meetings generally
Full Council meetings
Committee meetings
Sub-committee meetings
a Meetings shall not take place in premises which at the time of the meeting
are used for the supply of alcohol, unless no other premises are available
free of charge or at a reasonable cost.
b The minimum three clear days for notice of a meeting does not include the
day on which notice was issued, the day of the meeting, a Sunday, a day of
the Christmas break, a day of the Easter break or of a bank holiday or a day
appointed for public thanksgiving or mourning.
c The minimum three clear days’ public notice for a meeting does not
include the day on which the notice was issued or the day of the meeting
unless the meeting is convened at shorter notice OR [The minimum three
clear days’ public notice of a meeting does not include the day on which the
notice was issued or the day of the meeting].
d Meetings shall be open to the public unless their presence is prejudicial to
the public interest by reason of the confidential nature of the business to
be transacted or for other special reasons. The public’s exclusion from
part or all of a meeting shall be by a resolution which shall give reasons for
the public’s exclusion.
e Members of the public may make representations, answer questions and give
evidence at a meeting which they are entitled to attend in respect of the business
on the agenda.
f The period of time designated for public participation at a meeting in accordance
with standing order 3(e) above shall not exceed ten minutes unless directed by
the chairman of the meeting.
g Subject to standing order 3(f) above, a member of the public shall not speak for
more than three minutes.
h In accordance with standing order 3(e) above, a question shall not require a
response at the meeting nor start a debate on the question. The chairman of the
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meeting may direct that a written or oral response be given.
i 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 of the meeting may at any time permit a person to be seated when
speaking.
j A person who speaks at a meeting shall direct his comments to the chairman of
the meeting.
k Only one person is permitted to speak at a time. If more than one person wants
to speak, the chairman of the meeting shall direct the order of speaking.
l Photographing, recording, broadcasting or transmitting the proceedings of
a meeting by any means is not permitted without the Council’s prior written
consent.
m 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.
n Subject to standing orders which indicate otherwise, anything authorised
or required to be done by, to or before the Chairman of the Council may in
his absence be done by, to or before the Vice-Chairman of the Council (if
any).
o 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.
p Subject to a meeting being quorate, all questions at a meeting shall be
decided by a majority of the councillors or councillors with voting rights
present and voting.
q The chairman of a meeting may give an original vote on any matter put to
the vote, and in the case of an equality of votes may exercise his casting
vote whether or not he gave an original vote.
See standing orders 5(i) and (j) below for the different rules that apply in the
election of the Chairman of the Council at the annual meeting of the council.
r Unless standing orders provide otherwise, voting on a question shall be by
a show of hands. At the request of a councillor, the voting on any question
shall be recorded so as to show whether each councillor present and
voting gave his vote for or against that question. Such a request shall be
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made before moving on to the next item of business on the agenda.
s The minutes of a meeting shall include an accurate record of the following:
i. the time and place of the meeting;
ii. the names of councillors present and absent;
iii. interests that have been declared by councillors and non-councillors with
voting rights;
iv. whether a councillor or non-councillor with voting rights left the meeting
when matters that they held interests in were being considered;
v. if there was a public participation session; and
vi. the resolutions made.
t (England) A councillor or a non-councillor with voting rights who has a
disclosable pecuniary interest or another interest as set out in the
council’s code of conduct in a matter being considered at a meeting is
subject to statutory limitations or restrictions under the code on his right
to participate and vote on that matter.
u No business may be transacted at a meeting unless at least one-third of
the whole number of members of the council are present and in no case
shall the quorum of a meeting be less than three.
See standing order 4d(viii) below for the quorum of a committee or subcommittee meeting.
v If a meeting is or becomes inquorate no business shall be transacted and
the meeting shall be closed. The business on the agenda for the meeting shall
be adjourned to another meeting.
w A meeting shall not exceed a period of two hours.
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4. Committees and sub-committees
a Unless the council determines otherwise, a committee may appoint a subcommittee whose terms of reference and members shall be determined by the
committee.
b The members of a committee may include non-councillors unless it is a
committee which regulates and controls the finances of the council.
c Unless the council determines otherwise, all the members of an advisory
committee and a sub-committee of the advisory committee may be noncouncillors.
d The council may appoint standing committees or other committees as may be
necessary, and:
i. shall determine their terms of reference;
ii. shall determine the number and time of the ordinary meetings of a standing
committee up until the date of the next annual meeting of full council;
iii. shall permit a committee, other than in respect of the ordinary meetings of a
committee, to determine the number and time of its meetings;
iv. shall, subject to standing orders 4(b) and (c) above, appoint and determine the
terms of office of members of such a committee;
v. may, subject to standing orders 4(b) and (c) above, appoint and determine the
terms of office of the substitute members to a committee whose role is to replace
the ordinary members at a meeting of a committee if the ordinary members of
the committee confirm to the Proper Officer one days before the meeting that
they are unable to attend;
vi. shall, after it has appointed the members of a standing committee, appoint the
chairman of the standing committee;
vii. shall permit a committee other than a standing committee, to appoint its own
chairman at the first meeting of the committee;
viii. shall determine the place, notice requirements and quorum for a meeting of a
committee and a sub-committee which shall be no less than three;
ix. shall determine if the public may participate at a meeting of a committee;
x. shall determine if the public and press are permitted to attend the meetings of a
sub-committee and also the advance public notice requirements, if any, required
for the meetings of a sub-committee;
xi. shall determine if the public may participate at a meeting of a sub-committee that
they are permitted to attend; and
xii. may dissolve a committee.
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5. Ordinary council meetings
a In an election year, the annual meeting of the council shall be held on or within
14 days following the day on which the new councillors elected take office.
b In a year which is not an election year, the annual meeting of a council shall be
held on such day in May as the council may direct.
c If no other time is fixed, the annual meeting of the council shall take place at
6pm.
d In addition to the annual meeting of the council, at least three other ordinary
meetings shall be held in each year on such dates and times as the council
directs.
e The first business conducted at the annual meeting of the council shall be the
election of the Chairman and Vice-Chairman of the Council.
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 meeting of the council.
g The Vice-Chairman of the Council, unless he resigns or becomes disqualified,
shall hold office until immediately after the election of the Chairman of the
Council at the next annual meeting of the council.
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 of the Council and Vice-Chairman of the
Council at the annual meeting of the council, the business of the annual meeting shall
include:
i. In an election year, delivery by the Chairman of the Council and councillors
of their acceptance of office forms unless the council resolves for this to
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be done at a later date. In a year which is not an election year, delivery by
the Chairman of the Council of his acceptance of office form unless the
council resolves for this to be done at a later date;
ii. Confirmation of the accuracy of the minutes of the last meeting of the council;
iii. Receipt of the minutes of the last meeting of a committee;
iv. Consideration of the recommendations made by a committee;
v. Review of delegation arrangements to committees, sub-committees, staff and
other local authorities;
vi. Review of the terms of reference for committees;
vii. Appointment of members to existing committees;
viii. Appointment of any new committees in accordance with standing order 4 above;
ix. Review and adoption of appropriate standing orders and financial regulations;
x. Review of arrangements, including any charters and agency agreements, with
other local authorities and review of contributions made to expenditure incurred
by other local authorities;
xi. Review of representation on or work with external bodies and arrangements for
reporting back;
xii. In an election year, to make arrangements with a view to the council becoming
eligible to exercise the general power of competence in the future;
xiii. Review of inventory of land and assets including buildings and office equipment;
xiv. Confirmation of arrangements for insurance cover in respect of all insured risks;
xv. Review of the council’s and/or staff subscriptions to other bodies;
xvi. Review of the council’s complaints procedure;
xvii. Review of the council’s procedures for handling requests made under the
Freedom of Information Act 2000 and the Data Protection Act 1998;
xviii. Review of the council’s policy for dealing with the press/media; and
xix. Determining the time and place of ordinary meetings of the full council up to and
including the next annual meeting of full council.
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6. Extraordinary meetings of the council
and committees and sub-committees
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 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 must be signed by the two councillors.
c The chairman of a committee may convene an extraordinary meeting of the committee
at any time.
d If the chairman of a committee does not or refuses to call an extraordinary meeting
within seven days of having been requested by to do so by two members of the
committee any two members of the committee may convene an extraordinary meeting
of a committee.
7. Previous resolutions
a A resolution shall not be reversed within six months except either by a special motion,
which requires written notice by at least three councillors to be given to the Proper
Officer in accordance with standing order 9 below, or by a motion moved in pursuance
of the recommendation of a committee or a sub-committee.
b When a motion moved pursuant to standing order 7(a) above has been disposed of,
no similar motion may be moved within a further six months.
8. Voting on appointments
a Where more than two persons have been nominated for a position to be filled by the
council and none of those persons has received an absolute majority of votes in their
favour, the name of the person having the least number of votes shall be struck off the
list and a fresh vote taken. This process shall continue until a majority of votes is given
in favour of one person. A tie in votes may be settled by the casting vote exerciseable
by the chairman of the meeting.
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9. Motions for a meeting that require
written notice to be given to the Proper
Officer
a A motion shall relate to the responsibilities of the meeting which it is tabled for and in
any event shall relate to the performance of the council’s statutory functions, powers
and obligations or an issue which specifically affects the council’s area or its residents.
b No motion may be moved at a meeting unless it is on the agenda and the mover has
given written notice of its wording to the Proper Officer at least three clear days before
the meeting. Clear days do not include the day of the notice or the day of the meeting.
c The Proper Officer may, before including a motion on the agenda received in
accordance with standing order 9(b) above, correct obvious grammatical or
typographical errors in the wording of the motion.
d If the Proper Officer considers the wording of a motion received in accordance with
standing order 9(b) 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 so that it can be
understood at least one clear day before the meeting.
e If the wording or subject of a proposed motion is considered improper, the Proper
Officer shall consult with 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 the agenda or rejected.
f Subject to standing order 9(e) above, the decision of the Proper Officer as to whether
or not to include the motion on the agenda shall be final.
g Motions received shall be recorded in a book for that purpose and numbered in the
order that they are received.
h Motions rejected shall be recorded in a book for that purpose with an explanation by
the Proper Officer for their rejection.
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10. Motions at a meeting that do not
require written notice
a The following motions may be moved at a meeting without written notice to the Proper
Officer;
i. to correct an inaccuracy in the draft minutes of a meeting;
ii. to move to a vote;
iii. to defer consideration of a motion;
iv. to refer a motion to a particular committee or sub-committee;
v. to appoint a person to preside at a meeting;
vi. to change the order of business on the agenda;
vii. to proceed to the next business on the agenda;
viii. to require a written report;
ix. to appoint a committee or sub-committee and their members;
x. to extend the time limits for speaking;
xi. to exclude the press and public from a meeting in respect of confidential or
sensitive information which is prejudicial to the public interest;
xii. to not hear further from a councillor or a member of the public;
xiii. to exclude a councillor or member of the public for disorderly conduct;
xiv. to temporarily suspend the meeting;
xv. to suspend a particular standing order (unless it reflects mandatory statutory
requirements);
xvi. to adjourn the meeting; or
xvii. to close a meeting.
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11. Handling confidential or sensitive
information
a The agenda, papers that support the agenda and the minutes of a meeting shall not
disclose or otherwise undermine confidential or sensitive information which for special
reasons would not be in the public interest.
b Councillors and staff shall not disclose confidential or sensitive information which for
special reasons would not be in the public interest.
12. Draft minutes
a If the draft minutes of a preceding meeting have been served on councillors with the
agenda to attend the meeting at which they are due to be approved for accuracy,
they shall be taken as read.
b There shall be no discussion about the draft minutes of a preceding meeting except in
relation to their accuracy. A motion to correct an inaccuracy in the draft minutes shall
be moved in accordance with standing order 10(a)(i) above.
c The accuracy of draft minutes, including any amendment(s) made to them, 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 the ( ) held on [date] in respect of ( ) were a correct record but
his view was not upheld by the meeting and the minutes are confirmed as an
accurate record of the proceedings.”
e Upon 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.
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13. Code of conduct and dispensations
See also standing order 3(t) above.
England
a All councillors and non-councillors with voting rights shall observe the code of conduct
adopted by the council.
b Unless he has been granted a dispensation, a councillor or non-councillor with voting
rights shall withdraw from a meeting when it is considering a matter in which he has a
disclosable pecuniary interest. He may return to the meeting after it has considered the
matter in which he had the interest.
c Unless he has been granted a dispensation, a councillor or non-councillor with voting
rights shall withdraw from a meeting when it is considering a matter in which he has
another interest if so required by the council’s code of conduct. He may return to the
meeting after it has considered the matter in which he had the interest.
d Dispensation requests shall be in writing and submitted to the Proper Officer as
soon as possible before the meeting, or failing that, at the start of the meeting for
which the dispensation is required.
e A decision as to whether to grant a dispensation shall be made by a meeting of the
council, or committee or sub-committee for which the dispensation is required and that
decision is final.
f A dispensation request shall confirm:
i. the description and the nature of the disclosable pecuniary interest or other interest
to which the request for the dispensation relates;
ii. whether the dispensation is required to participate at a meeting in a discussion
only or a discussion and a vote;
iii. the date of the meeting or the period (not exceeding four years) for which the
dispensation is sought; and
iv. an explanation as to why the dispensation is sought.
Subject to standing orders 13(d) and (f) above, dispensations requests shall be
considered at the beginning of the meeting of the council, or committee or a subcommittee for which the dispensation is required.
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g
h A dispensation may be granted in accordance with standing order 13(e)
above if having regard to all relevant circumstances the following applies:
i. without the dispensation the number of persons prohibited from participating in
the particular business would be so great a proportion of the meeting
transacting the business as to impede the transaction of the business or
ii. granting the dispensation is in the interests of persons living in the council’s
area or
iii. it is otherwise appropriate to grant a dispensation.
14. Code of conduct complaints
a Upon notification by the District Council that it is dealing with a complaint that a
councillor or non-councillor with voting rights has breached the council’s code of
conduct, the Proper Officer shall, subject to standing order 11 above, report this to the
council.
b Where the notification in standing order 14(a) above relates to a complaint made by
the Proper Officer, the Proper Officer shall notify the Chairman of Council of this fact,
and the Chairman shall nominate another staff member to assume the duties of the
Proper Officer in relation to the complaint until it has been determined and the council
has agreed what action, if any, to take in accordance with standing order 14(d) below].
c The council may:
i. provide information or evidence where such disclosure is necessary to progress an
investigation of the complaint or is required by law;
ii. seek information relevant to the complaint from the person or body with statutory
responsibility for investigation of the matter;
d Upon notification by the District Council that a councillor or non-councillor with
voting rights has breached the council’s code of conduct, the council shall
consider what, if any, action to take against him. Such action excludes
disqualification or suspension from office.
15. Proper Officer
a The Proper Officer shall be a councilor nominated by the council to undertake the work
of the Proper Officer when the Proper Officer is absent.
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b The Proper Officer shall:
i. at least three clear days before a meeting of the council, a committee and a
sub-committee serve on councillors, by email, provided the email contains
the electronic signature and title of the Proper Officer, confirming the time,
place and the agenda.
See standing order 3(b) above for the meaning of clear days for a meeting of a
full council and standing order 3 (c) above for a meeting of a committee.
ii. give public notice of the time, place and agenda at least three clear days
before a meeting of the council or a meeting of a committee or a subcommittee (provided that the public notice with agenda of an extraordinary
meeting of the council convened by councillors is signed by them);
See standing order 3(b) above for the meaning of clear days for a meeting of a
full council and standing order 3(c) above for a meeting of a committee.
iii. subject to standing order 9 above, include on the agenda all motions in the order
received unless a councillor has given written notice at least three days 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;
v. facilitate inspection of the minute book by local government electors;
vi. receive and retain copies of byelaws made by other local authorities;
vii. retain acceptance of office forms from councillors;
viii. retain a copy of every councillor’s register of interests;
ix. assist with responding to requests made under the Freedom of Information Act
2000 and Data Protection Act 1998, in accordance with and subject to the
council’s policies and procedures relating to the same;
x. receive and send general correspondence and notices on behalf of the council
except where there is a resolution to the contrary;
xi. manage the organisation, storage of, access to and destruction of information
held by the council in paper and electronic form;
xii. arrange for legal deeds to be executed;
See also standing order 22 below.
xiii. arrange or manage the prompt authorisation, approval, and instruction regarding
any payments to be made by the council in accordance with the council’s
financial regulations;
xiv. record every planning application notified to the council and the council’s
response to the local planning authority in a book for such purpose;
xv. refer a planning application received by the council to the council within two
working days of receipt to facilitate an extraordinary meeting if the nature of a
planning application requires consideration before the next ordinary meeting of
the council.
xvi. manage access to information about the council via the publication scheme; and
xvii. retain custody of the seal of the council (if any) which shall not be used without a
resolution to that effect.
See also standing order 22 below.
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16. Responsible Financial Officer
a The council shall appoint appropriate staff member(s) to undertake the work of the
Responsible Financial Officer when the Responsible Financial Officer is absent.
17. Accounts and accounting statements
a “Proper practices” in standing orders refer to the most recent version of Governance
and Accountability for Local Councils – a Practitioners’ Guide.
b All payments by the council shall be authorised, approved and paid in accordance with
the law, proper practices and the council’s financial regulations.
c The Responsible Financial Officer shall supply to each councillor as soon as
practicable after 30 June, 30 September and 31 December in each year a statement to
summarise:
i. the council’s receipts and payments for each quarter;
ii. the council’s aggregate receipts and payments for the year to date;
iii. the balances held at the end of the quarter being reported
and which includes a comparison with the budget for the financial year and highlights
any actual or potential overspends.
d As soon as possible after the financial year end at 31 March, the Responsible
Financial Officer shall provide:
i. each councillor with a statement summarising the council’s receipts and payments for
the last quarter and the year to date for information; and
ii. to the full council the accounting statements for the year in the form of Section 1
of the annual return, as required by proper practices, for consideration and
approval.
e The year end accounting statements shall be prepared in accordance with proper
practices and applying the form of accounts determined by the council (receipts and
payments, or income and expenditure) for a year to 31 March. A completed draft
annual return shall be presented to each councillor before the end of the following
month of May. The annual return of the council, which is subject to external audit,
including the annual governance statement, shall be presented to council for
consideration and formal approval before 30 June.
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18. Financial controls and procurement
a The council shall consider and approve financial regulations drawn up by the
Responsible Financial Officer, which shall include detailed arrangements in respect of
the following:
i. the keeping of accounting records and systems of internal controls;
ii. the assessment and management of financial risks faced by the council;
iii. the work of the independent internal auditor in accordance with proper practices
and the receipt of regular reports from the internal auditor, which shall be
required at least annually;
iv. the inspection and copying by councillors and local electors of the council’s
accounts and/or orders of payments; and
v. procurement policies (subject to standing order 18(c) below) including the setting
of values for different procedures where a contract has an estimated value of
less than £60,000.
b Financial regulations shall be reviewed regularly and at least annually for fitness of
purpose.
c Financial regulations shall confirm that a proposed contract for the supply of
goods, materials, services and the execution of works with an estimated value in
excess of £60,000 shall be procured on the basis of a formal tender as
summarised in standing order 18(d) below.
d Subject to additional requirements in the financial regulations of the council, the tender
process for contracts for the supply of goods, materials, services or the execution of
works shall include, as a minimum, the following steps:
i. a specification for the goods, materials, services or the execution of works shall
be drawn up;
ii. an invitation to tender shall be drawn up to confirm (i) the council’s specification
(ii) the time, date and address for the submission of tenders (iii) the date of the
council’s written response to the tender and (iv) the prohibition on prospective
contractors contacting councillors or staff to encourage or support their tender
outside the prescribed process;
iii. the invitation to tender shall be advertised in a local newspaper and in any other
manner that is appropriate;
iv. tenders are to be submitted in writing in a sealed marked envelope addressed to
the Proper Officer;
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v. tenders shall be opened by the Proper Officer in the presence of at least one
councillor after the deadline for submission of tenders has passed;
vi. tenders are to be reported to and considered by the appropriate meeting of the
council or a committee or sub-committee with delegated responsibility.
e Neither the council, nor a committee or a sub-committee with delegated responsibility
for considering tenders, is bound to accept the lowest value tender.
f Where the value of a contract is likely to exceed £138,893 (or other threshold
specified by the Office of Government Commerce from time to time) the council
must consider whether the Public Contracts Regulations 2006 (SI No. 5, as
amended) and the Utilities Contracts Regulations 2006 (SI No. 6, as amended)
apply to the contract and, if either of those Regulations apply, the council must
comply with EU procurement rules.
19. Handling staff matters
a A matter personal to a member of staff that is being considered by a meeting of
council is subject to standing order 11 above.
b Subject to the council’s policy regarding absences from work, the council’s most
senior member of staff shall notify the chairman of absence occasioned by illness or
other reason and that person shall report such absence at its next meeting.
c The chairman shall upon a resolution conduct a review of the performance and
annual appraisal of the work of the Clerk. The reviews and appraisal shall be reported
in writing and is subject to approval by resolution by the council.
d Subject to the council’s policy regarding the handling of grievance matters, the
council’s most senior employee shall contact the chairman in respect of an informal or
formal grievance matter, and this matter shall be reported back and progressed by
resolution of the council.
e Subject to the council’s policy regarding the handling of grievance matters, if an
informal or formal grievance matter raised by Clerk relates to the chairman or vicechairman this shall be communicated to another member of council, which shall be
reported back and progressed by resolution of council.
f Any persons responsible for all or part of the management of staff shall treat the
written records of all meetings relating to their performance, capabilities, grievance or
disciplinary matters as confidential and secure.
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g The council shall keep all written records relating to employees secure. All paper
records shall be secured and locked and electronic records shall be password
protected and encrypted.
h Only persons with line management responsibilities shall have access to staff
records referred to in standing orders 19(f) and (g) above if so justified.
i Access and means of access by keys and/or computer passwords to records of
employment referred to in standing orders 19(f) and (g) above shall be provided only to
the Clerk and the Chairman of the Council.
20. Requests for information
a Requests for information held by the council shall be handled in accordance with the
council’s policy in respect of handling requests under the Freedom of Information Act
2000 and the Data Protection Act 1998 .
b Correspondence from, and notices served by, the Information Commissioner shall be
referred by the Proper Officer and to the chairman. The council shall have the power to
do anything to facilitate compliance with the Freedom of Information Act 2000.
21. Relations with the press/media
a Requests from the press or other media for an oral or written comment or statement
from the Council, its councillors or staff shall be handled in accordance with the
Council’s policy in respect of dealing with the press and/or other media.
22. Execution and sealing of legal deeds
See also standing orders 15(b)(xii) and (xvii) above.
a A legal deed shall not be executed on behalf of the council unless authorised by a
resolution.
Subject to standing order 22(a) above, any two councillors may sign, on behalf
of the council, any deed required by law and the Proper Officer shall witness
their signatures.
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23. Communicating with District and
County councillors
a An invitation to attend a meeting of the council shall be sent, together with the agenda,
to the ward councillor of the District and County Council.
b Unless the council determines otherwise, a copy of each letter sent to the District and
County Council shall be sent to the ward councillor representing the area of the
council.
24. Restrictions on councillor activities
a. Unless authorised by a resolution, no councillor shall:
i. inspect any land and/or premises which the council has a right or duty to inspect; or
ii. issue orders, instructions or directions.
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25. Standing orders generally
a All or part of a standing order, except one that incorporates mandatory statutory
requirements, may be suspended by resolution in relation to the consideration of an
item on the agenda for a meeting.
b A motion to add to or vary or revoke one or more of the council’s standing orders,
except one that incorporates mandatory statutory requirements, shall be proposed by
a special motion, the written notice by at least two councillors to be given to the Proper
Officer in accordance with standing order 9 above.
c The Proper Officer shall provide a copy of the council’s standing orders to a councillor
as soon as possible after he has delivered his acceptance of office form.
d The decision of the chairman of a meeting as to the application of standing orders at
the meeting shall be final.