Chedworth Parish Council
Adopted 12th September 2016
Standing orders that are in bold type contain statutory requirements.
List of standing orders
- Meetings generally 3
- Rules of debate at meetings 5
- Disorderly conduct at meetings 6
- Committees and sub-committees 7
- Ordinary council meetings 7
- Extraordinary meetings of the council and committees and sub-committees 8
- Previous resolutions 9
- Voting on appointments 9
- Motions for a meeting that require written notice to be given to the Proper Officer 9
- Motions at a meeting that do not require written notice 9
- Handling confidential or sensitive information 10
- Draft minutes 10
- Code of conduct and dispensations 10
- Code of conduct complaints 11
- Proper Officer 11
- Responsible Financial Officer 13
- Accounts and accounting statements 13
- Financial controls and procurement 15
- Handling staff matters 15
- Requests for information 15
- Relations with the press/media 15
- Execution and sealing of legal deeds 15
- Communicating with District and County or Unitary councillors 15
- Restrictions on councillor activities 15
- Standing orders generally 15
- Meetings generally
Note: Items relating to committees and sub-committees have been included in the Standing Orders to ensure that the Standing Orders will be appropriate in the event that the Parish council decides to set up committees and sub-committees in the future.
F Full Council meetings
C Committee meetings
S Sub-committee meetings
a Meetings shall be held monthly and take place at Chedworth Village Hall or other suitable venue within the village on the 2nd Monday of the month or on an alternative day proposed by the clerk in consultation with the chairman, or, in the absence of the chairman, the vice-chairman. 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. F
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. (For a Monday meeting the notice must be issued by the previous Wednesday) F
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 due to extraordinary circumstances. C
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. F C
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 1(e) above shall not exceed 20 minutes unless directed by the chairman of the meeting.
g Subject to standing order 1(f) above, a member of the public shall not speak for more than 4 minutes and no group of speakers shall speak on the same or a similar subject for more than fifteen minutes.
h In accordance with standing order 1(e) above, a question shall not require a response at the meeting nor start a debate on the question. The chairman of the meeting may direct that a written or oral response be given.
i A person shall raise their 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 their 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 Any person attending a Council meeting (including any meetings of sub-committees or joint committees with other Authorities) is entitled to film, photograph or make audio recordings of the proceedings, and to report via social media of any kind, subject to the following provisions: C F
i. The Chairman is notified, at the start of the meeting, of any such intention to film, record, etc; The chairman will make the content of this Standing Order known at the beginning of each meeting;
ii. They do not engage in any oral commentary or reporting while the meeting is in progress (including periods when the Chairman has temporarily closed the meeting to allow members of the public to speak);
iii. The Chairman takes any necessary steps to protect children, the vulnerable and other members of the public who actively object to being filmed. This does not include anyone who contributes formally to a meeting, for example someone who asks a public question, or presents a petition;
iv. The right to record a meeting does not give the right to disrupt a meeting. Any recording or filming must not distract from the order of the meeting.
v. The Chairman may exclude from the meeting anyone who causes disruption in this way;
m The right to film a meeting does not apply to any part of a meeting that is legitimately held in closed session
n 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. C F
o 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 their absence be done by, to or before the Vice-Chairman of the Council. F
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. F
q 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. Three members constitute a quorum. F C S
r 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 their casting vote whether or not they gave an original vote. F C S
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.
s 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 their vote for or against that question. Such a request shall be made before the vote is taken.
t 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.
u 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 their right to participate and vote on that matter. F C S
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 in no case shall the quorum of a meeting be less than three. F
See standing order 4d(viii) below for the quorum of a committee or sub-committee meeting.
w If a meeting is or becomes inquorate no business shall be transacted and the meeting shall be closed. Any outstanding business on the agenda for the meeting shall be adjourned to another meeting. F C S
- Rules of debate at meetings
- Items 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.
- A motion (including an amendment) shall not be progressed unless it has been moved and seconded.
- 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.
- An amendment is a proposal to remove or add words to a motion. It shall not negate the motion.
- If an amendment to the original motion is carried, the original motion becomes the substantive motion upon which further amendment(s) may be moved.
- A councillor may move an amendment to their 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.
- 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.
- 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.
- 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.
- The mover of an amendment has no right of reply at the end of debate on it.
- Where a series of amendments to an original motion are carried, the mover of the 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.
- Unless permitted by the chairman 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 they last spoke;
- to make a point of order;
- to give a personal explanation; or
- in exercise of a right of reply.
- 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 they consider has been breached or specify the other irregularity in the proceedings of the meeting they are concerned by.
- A point of order shall be decided by the chairman of the meeting and their decision shall be final.
- When a motion is under debate, no other motion shall be moved except:
- to amend the motion;
- to proceed to the next business;
- to adjourn the debate;
- to put the motion to a vote;
- to ask a person to be no longer heard or to leave the meeting;
- to refer a motion to a committee or sub-committee for consideration;
- to exclude the public and press;
- to adjourn the meeting; or
- 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 their right
- Excluding motions moved under standing order 1(r) above, the contributions or speeches by a councillor shall relate only to the motion under discussion.
- 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 chairman of the meeting shall request such person(s) to moderate or improve
- If person(s) disregard the request of the chairman of the meeting to moderate or improve 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.
- 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.
- 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.
- The council may appoint standing committees or other committees as may be necessary, and:
- shall determine terms of reference;
- 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;
- shall permit a committee, other than in respect of the ordinary meetings of a committee, to determine the number and time of its meetings;
- shall, subject to standing orders 4(b) and (c) above, appoint and determine the terms of office of members of such a committee;
- 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 1 day before the meeting that they are unable to attend;
- shall, after it has appointed the members of a standing committee, appoint the chairman of the standing committee;
- shall permit a committee other than a standing committee, to appoint its own chairman at the first meeting of the committee;
- 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;
- shall determine if the public may participate at a meeting of a committee;
- 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;
- shall determine if the public may participate at a meeting of a sub-committee that they are permitted to attend; and
- may dissolve a committee.
- 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 new councillors elected take office.
- 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.
- The annual meeting of the council shall normally take place on the second Monday of the month or on a different day if agreed by the Council. 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 directs.
- The first business conducted at the annual meeting of the council shall be the election of the Chairman and Vice-Chairman of the Council.
- The Chairman of the Council, unless they have resigned or become disqualified, shall continue in office and preside at the annual meeting until their successor is elected at the next annual meeting of the council.
- The Vice-Chairman of the Council, if any, unless they resign or become disqualified, shall hold office until immediately after the election of the Chairman of the Council at the next annual meeting of the council.
- In an election year, if the current Chairman of the Council has not been re-elected as a member of the council, they shall preside at the 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.
- In an election year, if the current Chairman of the Council has been re-elected as a member of the council, they shall preside at the meeting until a new Chairman of the Council has been elected. They 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.
- 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:
- In an election year, delivery by the Chairman of the Council and councillors of 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 Chairman of the Council of their acceptance of office form unless the council resolves for this to be done at a later date;
- Extraordinary meetings of the council and committees and sub-committees
- The Chairman of the Council may convene an extraordinary meeting of the council at any time or in the absence of the chairman by the vice-chairman subject only to the statutory 3 clear day’s notice being given.
- 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.
- The chairman of a committee [or a sub-committee] may convene an extraordinary meeting of the committee [or the sub-committee] at any time.
- If the chairman of a committee [or a sub-committee] does not or refuses to call an extraordinary meeting within 3 days of having been requested by to do so by 2 members of the committee [or the sub-committee], any 2 members of the committee [and the sub-committee] may convene an extraordinary meeting of a committee [and a sub-committee].
- Previous resolutions
- A resolution shall not be reversed within six months except either by a special motion, which requires written notice by at least 2 councillors to be given to the Proper Officer in accordance with standing order 9 below.
- 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.
- 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 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.
- Resolutions Moved by Notice
- Except as provided by these Standing Orders, no resolution may be moved unless the Clerk has put the business to which it relates on the Agenda.
- The Clerk shall insert in the summons for every meeting all items that Councillors have given notice that they wish to be included in the Agenda and any on which members of the public have indicated they wish to question the Council. Where questions have been tabled by members of the public, the Chairman will allow time for these to be dealt with at the Council meeting provided it is practical for these to be dealt with within a realistic time.
- If any item is discussed but no agreement reached on a course of action, it shall not automatically appear on the next agenda. Any Councillor may ask for the item to appear on the next or a subsequent agenda if they so wish. The Council can vote on a motion that “No action is required”.
- Every resolution or recommendation shall be relevant to some question over which the Council has power or which affects its area.
- Motions at a meeting that do not require written notice
- The following motions may be moved at a meeting without written notice to the Proper Officer;
- 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 members;
- to extend the time limits for speaking;
- to exclude the press and public from a meeting in respect of confidential or sensitive 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 requirements);
- to adjourn the meeting; or
- to close a meeting.
- Handling confidential or sensitive information
- 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.
- Councillors and staff shall not disclose confidential or sensitive information which for special reasons would not be in the public interest.
- Draft minutes
- 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.
- There shall be no discussion about the draft minutes of a preceding meeting except in relation to accuracy. A motion to correct an inaccuracy in the draft minutes shall be moved in accordance with standing order 10(a)(i) above.
- 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.
- If the chairman of the meeting does not consider the minutes to be an accurate record of the meeting to which they relate, they 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 their view was not upheld by the meeting and the minutes are confirmed as an accurate record of the proceedings.”
- Code of conduct and dispensations
See also standing order 1(u) above.
- All councillors and non-councillors with voting rights shall observe the code of conduct adopted by the council.
- Unless they have 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 they have a disclosable pecuniary interest. They may return to the meeting after it has considered the matter in which they had the interest.
- Unless they have 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 they have another interest if so required by the council’s code of conduct. They may return to the meeting after it has considered the matter in which they had the interest.
- 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. The council will also accept a verbal request made by the councillor with the pecuniary interest before councillors begin to consider the matter in which they have an interest.
- 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.
- A dispensation request shall confirm:
- the description and the nature of the disclosable pecuniary interest or other interest to which the request for the dispensation relates;
- whether the dispensation is required to participate at a meeting in a discussion only or a discussion and a vote;
- the date of the meeting or the period (not exceeding four years) for which the dispensation is sought; and
- an explanation as to why the dispensation is sought.
Subject to standing orders 13(d) and (f) above, dispensations requests shall be considered by the council when the request is made.
- A dispensation may be granted in accordance with standing order 13(e) above if having regard to all relevant circumstances the following applies:
- 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
- granting the dispensation is in the interests of persons living in the council’s area or it is otherwise appropriate to grant a dispensation.
14a Code of Conduct for Complaints
- 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.
- 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 England and the council has agreed what action, if any, to take in accordance with standing order 14(d) below.
- The council may:
- provide information or evidence where such disclosure is necessary to progress an investigation of the complaint or is required by law;
- seek information relevant to the complaint from the person or body with statutory responsibility for investigation of the matter;
- 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 the councillor. Such action excludes disqualification or suspension from office.
- Proper Officer
- The Proper Officer shall be either (i) the clerk or (ii) other staff member(s) nominated by the council to undertake the work of the Proper Officer when the Proper Officer is absent.
- The Proper Officer shall:
- at least three clear days before a meeting of the council, a committee and a sub-committee serve on councillors a summons, by email (unless a request is made by a councillor for a paper copy), confirming the time, place and the agenda provided any such email contains the electronic signature and title of the Proper Officer.
See standing order 1(b) above for the meaning of clear days for a meeting of a full council and standing order 1 (c) above for a meeting of a committee.
- give public notice of the time, place and agenda at least three clear days before a meeting of the council or a meeting of a committee or a sub-committee (provided that the public notice with agenda of an extraordinary meeting of the council convened by councillors is signed by them);
See standing order 1(b) above for the meaning of clear days for a meeting of a full council and standing order 1(c) above for a meeting of a committee.
- convene a meeting of full council for the election of a new Chairman of the Council, occasioned by a casual vacancy in their office;
- facilitate inspection of the minute book by local government electors;
- receive and retain copies of byelaws made by other local authorities;
- retain declaration of acceptance of office forms from councillors;
- retain a copy of every councillor’s register of interests;
- 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;
- receive and send general correspondence and notices on behalf of the council except where there is a resolution to the contrary;
- manage the organisation, storage of, access to and destruction of information held by the council in paper and electronic form;
- arrange for legal deeds to be executed;
See also standing order 22 below.
- 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;
- record every planning application notified to the council and the council’s response to the local planning authority in a book for such purpose;
- Refer notification of any planning application received by the council to the councillors and, if a response is required before the next ordinary meeting of the council, make representations to the Planning Authority under Delegated Powers based on view expressed by the majority of councillors responding
- Under delegated powers, decide on requests to hire the playing field in consultation with the chairman, or, in the absence of the chairman, the vice-chairman, based on the guidelines for hiring approved by the council. If an application it made to waive the hiring charge this decision shall be made by the full council.
- In consultation with the chairman, or, in the absence of the chairman, the vice-chairman, the Proper Officer has delegated powers to respond to correspondence received from any party in any form of media. The response given should not consist of the expression of an opinion or create the potential for the council to be exposed to legal or financial liabilities beyond the Proper Officer’s delegated limit. The response should be confined to statements of fact or advice on where further relevant information can be found.
- In consultation with at least two councillors that Clerk may make a decision on behalf of the parish council where that decision does not exceed the clerks delegated financial limits, where the decision does not have any visual impact upon the fabric of the parish or wider area and where the impact of the decision could be reversed at a subsequent meeting if so required.
- Accounts and accounting statements
- “Proper practices” in standing orders refer to the most recent version of [Governance and Accountability for Local Councils – a Practitioners’ Guide (England)]
- All payments by the council shall be authorised, approved and paid in accordance with the law, proper practices and the council’s financial regulations.
- Orders for payment of money shall be authorised by the resolution of the Council and signed by two members
- The Responsible Financial Officer shall meet with a member of the council each quarter to review:
- the council’s receipts and payments for each quarter;
- the council’s aggregate receipts and payments for the year to date;
- 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.
e The Responsiible Financial Officer shall provide a quarterly review of the council’s spending showing a comparison of spending against budget.
f As soon as possible after the financial year end at 31 March, the Responsible
Financial Officer shall provide:
- each councillor with a statement summarising the council’s receipts and payments for the last quarter and the year to date for information; and
- 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.
g 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.
- Financial controls and procurement
- 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:
- the keeping of accounting records and systems of internal controls;
- the assessment and management of financial risks faced by the council;
- 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;
- the inspection and copying by councillors and local electors of the council’s accounts and/or orders of payments; and
- 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].
- Financial regulations shall be reviewed regularly and at least annually for fitness of purpose.
- The clerk has delegated powers to incur expenses of up to £200 where these relate to the primary function of the parish council or are in relation to activities which the parish council has already approved but where a need for a variation occurs.
- 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.
- 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:
- a specification for the goods, materials, services or the execution of works shall be drawn up;
- 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 tender outside the prescribed process;
- the invitation to tender shall be advertised in a local newspaper and in any other manner that is appropriate;
- tenders are to be submitted in writing in a sealed marked envelope addressed to the Proper Officer;
- 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;
- tenders are to be reported to and considered by the appropriate meeting of the council or a committee or sub-committee with delegated responsibility.
- Neither the council, nor a committee or a sub-committee with delegated responsibility for considering tenders, is bound to accept the lowest value tender.
- 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.
- 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.
- Requests for information
- Requests for information held by the Council shall be handled in accordance with the Council’s policy regarding handling requests under the Freedom of Information Act 2000 (FOI) and Data Protection Act 1998 (DPA).
- Correspondence from, and any notices served by the Information Commissioner, shall be referred by the Proper Officer to the Chairman of the Council. The Council shall act within its powers to facilitate compliance with the FOI Act.
- Relations with the Press/Media
- Requests received from the Press or other media for an oral or written comment/statement from the Council, its Councillors or Staff shall be handled in accordance with the Council’s policy in this respect.
- Any statement, oral or written, to the Press or other media, made on behalf of the Council either by an individual Councillor or the Clerk, should be approved in advance, by the Council. Individual Councillors must make it clear when speaking or writing to the Press, or other media, that they are not representing the views of the Council but are expressing a personal view or opinion. Only when it has been agreed by the Council, can a Councillor or the Clerk speak or write to the Press or other media as a spokesperson on behalf of the Council as a whole.
Execution and sealing of legal deeds
See also standing orders 15(b)(xii) and (xvii) above.
- 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
The above is applicable to a council without a common seal.
Communicating with District and County councillors
- An invitation to attend a meeting of the council shall be sent, together with the agenda, to the ward councillors of the District and County
- Unless the council determines otherwise, a copy of each letter sent to District and County Council shall be sent to the ward councillor representing the area of the council.
- Restrictions on councillor activities
- Unless authorised by a resolution, no councillor shall issue orders, instructions or directions.
- Standing orders generally
- 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.
- 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 2 councillors to be given to the Proper Officer in accordance with standing order 9 above.
- The Proper Officer shall provide a copy of the council’s standing orders to a councillor as soon as possible after they have delivered their acceptance of office form.
- The decision of the chairman of a meeting as to the application of standing orders at the meeting shall be final.