Policies and Procedures

Standing Orders

Reviewed November 2023 Next Review November 2024

Context

Standing orders are the written rules of a local council. Standing orders are essential to regulate the proceedings of a meeting. They are not the same as policies but may refer to them.

These standing orders are based on The National Association of Local Councils model Standing Orders 2018 for England and were revised in 2020.

Section 1 Rules of debate at meetings

Motions on the agenda shall be considered in the order that they appear unless the order is changed at the discretion of the chair of the meeting
Unless permitted by the chair of the meeting, a councillor may speak once in the debate on a motion except: to speak on an amendment moved by another councillor, to move or speak on another amendment if the motion has been amended since he last spoke, to make a point of order, to give a personal explanation or to exercise a right of reply
Before an original or substantive motion is put to the vote, the chair of the meeting shall be satisfied that the motion has been sufficiently debated and that the mover of the motion under debate has exercised or waived his right of reply.

Section 2 Disorderly conduct at meetings

No person shall obstruct the transaction of business at a meeting or behave offensively or improperly. If this standing order is ignored, the chair of the meeting shall request such person(s) to moderate or improve their conduct.
If person(s) disregard the request of the chair of the meeting to moderate or improve their conduct, any councillor or the chair of the meeting may move that the person be no longer heard or be excluded from the meeting. The motion, if seconded, shall be put to the vote without discussion.
If a resolution made under standing order 2(b) is ignored, the chair of the meeting may take further reasonable steps to restore order or to progress the meeting. This may include temporarily suspending or closing the meeting.

Section 3 Meetings

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.
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.
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
Subject to standing order 3(e), a person who attends a meeting is permitted to report on the meeting whilst the meeting is open to the public. To “report” means to film, photograph, make an audio recording of meeting proceedings, use any other means for enabling persons not present to see or hear the meeting as it takes place or later or to report or to provide oral or written commentary about the meeting so that the report or commentary is available as the meeting takes place or later to persons not present
A person present at a meeting may not provide an oral report or oral commentary about a meeting as it takes place without permission.
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.
Subject to standing orders which indicate otherwise, anything authorised or required to be done by, to or before the chair of the council may in his absence be done by, to or before the vice-chair of the council (if there is one).
The chair of the council, if present, shall preside at a meeting. If the chair is absent from a meeting, the vice-chair of the council (if there is one) if present, shall preside. If both the chair and the vice-chair are absent from a meeting, a councillor as chosen by the councillors present at the meeting shall preside at the meeting.
Subject to a meeting being quorate, all questions at a meeting shall be decided by a majority of the councillors and non-councillors with voting rights present and voting.
If a meeting is or becomes inquorate no business shall be transacted
Meetings take place in the village hall at 7pm on the second Thursday of the month when there is sufficient business
Meetings will have a two-hour limit unless otherwise agreed at the meeting
Apologies for absence must be submitted to the chair or the clerk
Public participation in meetings will be limited to 5 minutes per person with participation in the main body of the meeting encouraged, as part of engagement in local democracy, but at the discretion of the chair
To be quorate, 4 members of the Council from Great Carlton or Little Carlton
For a committee to be quorate, this can be 3 members from Great Carlton or Little Carlton

Section 4 Committees and sub-committees

Unless the council determines otherwise, a committee may appoint a sub-committee whose terms of reference and members shall be determined by the committee.
The members of a committee may include non-councillors unless it is a committee which regulates and controls the finances of the council.
Unless the council determines otherwise, all the members of an advisory committee and a sub-committee of the advisory committee may be non-councillors.

Section 5 Ordinary council meetings

In an election year, the annual meeting of the council shall be held on or within 14 days following the day on which the councillors elected take office.
In a year which is not an election year, the annual meeting of the council shall be held on such day in May as the Council decides.
If no other time is fixed, the annual meeting of the council shall take place at 6pm.
In addition to the annual meeting of the council, at least three other ordinary meetings shall be held in each year on such dates and times as the council decides.
The first business conducted at the annual meeting of the council shall be the election of the chair and vice-chair (if there is one) of the council.
The chair 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.
The vice-chair of the council, if there is one, unless he resigns or becomes disqualified, shall hold office until immediately after the election of the chair of the council at the next annual meeting of the council.
In an election year, if the current chair of the council has not been re-elected as a member of the council, he shall preside at the annual meeting until a successor chair of the council has been elected. The current chair of the council shall not have an original vote in respect of the election of the new chair of the council but shall give a casting vote in the case of an equality of votes.
In an election year, if the current chair of the council has been re-elected as a member of the council, he shall preside at the annual meeting until a new chair of the council has been elected. The chair may exercise an original vote in respect of the election of the new chair of the council and shall give a casting vote in the case of an equality of votes.
In an election year, delivery by the chair of the council and councillors of their acceptance of office forms unless the council resolves for this to be done at a later date. In a year which is not an election year, delivery by the chair of the council of his acceptance of office form unless the council resolves for this to be done at a later date

Section 6 Extraordinary meetings of the council, committees and sub-committees

The chair of the council may convene an extraordinary meeting of the council at any time.
If the chair of the council does not call an extraordinary meeting of the council within seven days of having been requested in writing to do so by two councillors, any two councillors may convene an extraordinary meeting of the council. The public notice giving the time, place and agenda for such a meeting shall be signed by the two councillors.

Section 7 Previous resolutions

A resolution shall not be reversed within six months except either by a special motion, which requires written notice by at least 4 councillors to be given to the Proper Officer (Clerk / RFO).

Section 8 Voting on appointments

Where more than two persons have been nominated for a position to be filled by the council and none of those persons has received an absolute majority of votes in their favour, the name of the person having the least number of votes shall be struck off the list and a fresh vote taken. This process shall continue until a majority of votes is given in favour of one person. A tie in votes may be settled by the casting vote exercisable by the chair of the meeting.

Section 9 Motions for a meeting that require written notice to be given to the proper officer

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

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

to correct an inaccuracy in the draft minutes of a meeting
to move to a vote
to defer consideration of a motion
to refer a motion to a particular committee or sub-committee
to appoint a person to preside at a meeting
to change the order of business on the agenda
to proceed to the next business on the agenda
to require a written report
to appoint a committee or sub-committee and their members
to extend the time limits for speaking
to exclude the press and public from a meeting in respect of confidential or other information which is prejudicial to the public interest
to not hear further from a councillor or a member of the public
to exclude a councillor or member of the public for disorderly conduct
to temporarily suspend the meeting
to suspend a particular standing order (unless it reflects mandatory statutory or legal requirements)
to adjourn the meeting or
to close the meeting

Section 11 Management of information

The council shall have in place and keep under review, technical and organisational measures to keep secure information (including personal data) which it holds in paper and electronic form. Such arrangements shall include deciding who has access to personal data and encryption of personal data.
The council shall have in place, and keep under review, policies for the retention and safe destruction of all information (including personal data) which it holds in paper and electronic form. The Council’s retention policy shall confirm the period for which information (including personal data) shall be retained or if this is not possible the criteria used to determine that period (e.g. the Limitation Act 1980).
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.
Councillors, staff, the council’s contractors and agents shall not disclose confidential information or personal data without legal justification.

Section 12 Draft Minutes

If the council’s gross annual income or expenditure (whichever is higher) does not exceed £25,000, it shall publish draft minutes on a website which is publicly accessible and free of charge not later than one month after the meeting has taken place.

Section 13 Code of Conduct

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

Dispensation requests shall be in writing and submitted to the Proper Officer

A decision as to whether to grant a dispensation shall be made by the Proper Officer or by a meeting of the council.

A dispensation may be granted in accordance with standing order 13(c) if having regard to all relevant circumstances any of the following apply:

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;
granting the dispensation is in the interests of persons living in the Council’s area;
it is otherwise appropriate to grant a dispensation

Section 14 Code of conduct complaints

Upon notification by the District or Unitary council that a councillor or non-councillor with voting rights has breached the council’s code of conduct, the council shall consider what, if any, action to take against him. Such action excludes disqualification or suspension from office.

Section 15 Proper officer

The proper officer shall at least 3 clear days before a meeting of the council, a committee: Serve on councillors by delivery or post at their residences or by email authenticated in such manner as the Proper Officer thinks fit, a signed summons confirming the time, place and the agenda (provided the councillor has consented to service by email), provide, in a conspicuous place, public notice of the time, place and agenda (provided that the public notice with agenda of an extraordinary meeting of the council convened by councillors is signed by them).
Convene a meeting of the council for the election of a new chair of the council, occasioned by a casual vacancy in his office
Facilitate inspection of the minute book by local government electors
Receive and retain copies of byelaws made by other local authorities

Section 16 Responsible financial officer

The council shall appoint appropriate staff to undertake the work of the Responsible Financial Officer when the Responsible Financial Officer is absent.

Section 17 Accounts and accounting statements

The responsible financial officer reports to the finance committee of at least 3 councillors. All expenditure is authorised by the committee. Expenditure of more than £100 is minuted. Further details on the financial governance can be found in the council financial regulations published in the governance section of the parish website.

Section 18 Financial controls and procurement

Local Carltons control and procurement detail can be found in the council financial regulations published in the governance section of the parish website.

From a national statutory perspective:

A public contract regulated by the Public Contracts Regulations 2015 with an estimated value in excess of £25,000 but less than the relevant thresholds in standing order 18(b) is subject to Regulations 109-114 of the Public Contracts Regulations 2015 which include a requirement on the council to advertise the contract opportunity on the Contracts Finder website regardless of what other means it uses to advertise the opportunity unless it proposes to use an existing list of approved suppliers (framework agreement).
A public contract regulated by the Public Contracts Regulations 2015 with an estimated value in excess of £189,330 for a public service or supply contract or in excess of £4,733,252 for a public works contract; or £663,540 for a social and other specific services contract (or other thresholds determined by the European Commission every two years and published in the Official Journal of the European Union (OJEU)) shall comply with the relevant procurement procedures and other requirements in the Public Contracts Regulations 2015 which include advertising the contract opportunity on the Contracts Finder website and in OJEU.
A public contract in connection with the supply of gas, heat, electricity, drinking water, transport services, or postal services to the public; or the provision of a port or airport; or the exploration for or extraction of gas, oil or solid fuel with an estimated value in excess of £378,660 for a supply, services or design contract; or in excess of £4,733,252 for a works contract; or £663,540 for a social and other specific services contract (or other thresholds determined by the European Commission every two years and published in OJEU) shall comply with the relevant procurement procedures and other requirements in the Utilities Contracts Regulations 2016.

Section 19 Handling staff matters

Refer to sections 13 and 14 above.

Section 20 Responsibilities to provide information

In addition, refer to section 21

In accordance with freedom of information legislation, the council shall publish information in accordance with its publication scheme and respond to requests for information held by the council.
The council shall publish information in accordance with the requirements of the Smaller Authorities (Transparency Requirements) (England) Regulations 2015.

Section 21 Responsibilities under data protection legalisation

In addition, refer to section 11 and data protection policies and privacy notice on the parish website.

The council shall have policies and procedures in place to respond to an individual exercising statutory rights concerning his personal data.
The council shall have a written policy in place for responding to and managing a personal data breach.
The council shall ensure that information communicated in its privacy notice(s) is in an easily accessible and available form and kept up to date.
The council shall maintain a written record of its processing activities.

Section 22 Relations with press / media

All dialogue with the press must be sanctioned by the chair.

Section 23 Execution and sealing of legal deeds

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

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

Section 24 Communicating with district and county or unitary authorities

Agendas and minutes shall be circulated to the county and district councillors who have a standard agenda item.

Section 25 Restrictions on councillor activities

Unless duly authorised no councillor shall:

inspect any land and/or premises which the Council has a right or duty to inspect; or
issue orders, instructions or directions.

Section 26 Standing orders generally

All councillors should have the opportunity to take part in LALC, LCC & ELDC training and events to benefit the Parish Council and Councillors self-development.
All Councillors should have access to the latest NALC Good Councillors Guide.
Time will be made for cascading / in-house training.
All external complaints must be made in writing and receive a prompt acknowledgement of receipt, followed by a full reply within 10 working days.
All internal complaints will be handled through closed session items and not discussed outside the council
The council are aware of their responsibility to avoid discriminatory language and are committed to treat everyone equally and with courtesy. Members are instructed to avoid using language that may even appear to be discriminatory, or that may gratuitously give offence in any verbal or written communication
The Council endeavours to ensure all published documentation is written ‘gender neutral’ wherever possible.
Councillors are required to let Parish Council know if they intend to stand at least 3 weeks before the nominee date as to mitigate against election costs like those incurred in 2019, following the May elections