CATCOTT PARISH COUNCIL - STANDING ORDERS

Meetings

Meetings of the council shall be held in each year on such dates and times and at such places as the Council may direct.
Smoking is not permitted at any meeting of the Council

The Statutory Annual Meeting

In an election year the annual Parish Council Meeting shall be held on or within 14 days following the day on which the councillors elected take office and
In a year which is not an election year the Annual Parish Council Meeting shall be held on such day in May as the Council may direct.

In addition to the Statutory Annual Parish Council Meeting at least three other statutory meetings shall be held in each year on such dates and times as the Council may direct.
Chairman of Meeting - The person presiding at a meeting may exercise all the powers and duties of the Chairman in relation to the conduct of the Meeting.
Proper Officer - Where a statute, regulation or order confers function or duties on the proper officer of the Council in the following cases, he shall be the clerk or nominated officer.
Quorum of the Council - Three members or one-third of the total membership, whichever is the greater, shall constitute a quorum at meetings of the Council.
Voting - Members shall vote by show of hands or, if at least two members so request, by signed ballot.
If a member so requires, the Clerk shall record the names of members who voted on any question so as to show whether they voted for or against it. Such a request must be made before moving on to the next business.
(1) Subject to (2) and (3) below the Chairman may give an original vote on any matter put to the vote, and in the case of equality of votes may give a casting vote whether or not he gave an original vote.

(2) If the person presiding at the annual meeting would have ceased to be a member of the council but for the statutory provisions which preserve the membership of the Chairman and Vice-Chairman until the end of their term of office he may not give an original vote in an election for Chairman.

(3) The person presiding must give a casting vote whenever there is an equality of votes in an election for Chairman.

Order of Business - At each Annual Parish Council Meeting the first business shall be:

To elect a Chairman of the Council.
To receive the Chairman's declaration of acceptance of office or, if not then received, to decide when it should be received.
In the ordinary year of election to the Council to fill any vacancies left unfilled at the election by reason of insufficient nominations.
To decide when any declarations of acceptance of office and written undertakings to observe the code of conduct adopted by the council which have not been received as provided by law, shall be received.

At every meeting other than the Annual Parish Council Meeting the first business shall be to appoint a Chairman if the Chairman and Vice-chairman be absent and to receive such declarations of acceptance of office (if any) and undertaking to observe the Council's code of conduct as are required by law to be made or, if not then received, to decide when they shall be received.
In every year, not later than the meeting at which the estimates for next year are settled, the Council shall review the pay and conditions of service of existing employees. Standing Order 17 must be read in conjunction with this requirement.
After the first business has been completed, the order of business, unless the Council decides otherwise on the grounds of urgency, shall be as follows:

To read and consider the Minutes; provided that if a copy has been circulated to each member not later than the day of issue of the summons to attend the meeting, the Minutes may be taken as read.
After consideration to approve the signature of the Minutes by the person presiding as a correct record.
To deal with the business expressly required by statute to be done.
To dispose of business, if any, remaining from the last meeting.

Urgent Business - A motion to vary the order of business on the ground of urgency:

May be proposed by the Chairman or by any member and, if proposed by the Chairman, may be put to the vote without being seconded, and
Shall be put to the vote without discussion.

Resolutions Moved On Notice - Except as provided by these Standing Orders, no resolution may be moved unless the business to which it relates has been put on the Agenda by the Clerk or the mover has given notice in writing of its terms and has delivered the notice to the Clerk at least 10 Clear days before the next meeting of the Council.
Disorderly Conduct

All members must observe the Code of Conduct which was adopted by the council on 1^st May 2002. A copy of which is annexed to these Standing Orders.
No member shall at a meeting persistently disregard the ruling of the Chairman, wilfully obstruct business or behave irregularly, offensively, improperly or in such a manner as to bring the Council into disrepute.
If, in the opinion of the Chairman, a member has acted in a manner contrary to that required, the Chairman shall express that opinion to the Council and thereafter any member may move that the member named be no longer heard or that the member named do leave the meeting, and the motion, if seconded, shall be put forthwith and without discussion. If a member reasonably believes another member is in breach of the code of conduct, that member is under a duty to report the breach to the Standards Board for England.
If the motion mentioned in paragraph (c) is disobeyed, the Chairman may adjourn the meeting or take such further steps as may reasonably be necessary to enforce them.

Discussion and Resolutions Affecting Employees of the Council - If at a meeting there arises any question relating to the appointment, conduct, promotion, dismissal, salary or conditions of service of any person employed by the Council, it shall not be considered until the Council has decided whether or not the press and public shall be excluded. See Standing Order 28.
Expenditure - Orders for the payment of money shall be authorised by resolution of the Council and signed by two members.
Voting in Committees - Chairmen of committees and sub-committees shall in the case of an equality of votes have a second or casting vote.
Interests - If a member has a personal interest as defined by the Code of Conduct adopted by the Council on 1^st May 2002 then he shall declare such interest as soon as it becomes apparent, disclosing the existence and nature of that interest as required.
If a member who has declared a personal interest then considers the interest to be prejudicial, he must withdraw from the room or chamber during consideration of the item to which the interest relates.
The Clerk may be required to compile and hold a Register of Member's Interests, or a copy thereof, in accordance with agreement reached with the Monitoring Officer of the Responsible Authority and/or as required by statute.
If a candidate for any appointment under the Council is to his knowledge related to any member of or the holder of any office under the Council, he and the person to whom he is related shall disclose the relationship in writing to the Clerk. A candidate who fails to do so shall be disqualified for such appointment, and if appointed may be dismissed without notice. The Clerk shall report to the Council any such disclosure. Where relationship to a member is disclosed this Standing Order shall apply.
The Clerk shall make known the purpose of this Standing Order to every candidate.
Inspection of Documents - A member may for the purpose of his duty as such (but not otherwise), inspect any document in possession of the Council, and if copies are available shall, on request, be supplied for the like purpose with a copy.
All Minutes kept by the Council or by any committee shall be open for the inspection of any member of the Council.
Unauthorised Activities - No member of Council or any committee shall in the name of or on behalf of the Council:-

Inspect any lands or premises which the Council has a right or duty to inspect; or
Issue orders, instructions or directions

unless authorised to do so by the Council or the relevant committee.

Admission of the Public and Press to Meetings - The public and press shall be admitted to all meetings of Council and its committees, which may, however, temporarily exclude the public and press by means of the following resolutions: 'That in view of the [special] [confidential] nature of the business about to be transacted, it is advisable in the public interest that the press and public be temporarily excluded and they are instructed to withdraw.' If a person's advice or assistance is needed they may be invited by name to remain after the exclusion resolution is passed.
The Clerk shall afford to the press reasonable facilities for taking their report of any proceedings at which they are entitled to be present. There shall be no audio or video recording or photographs of the meeting without the express approval of the Council.
If a member of the public interrupts the proceedings at any meeting, the Chairman may, after warning, order that he be removed from the building and may adjourn the meeting for such period as is necessary to restore order.

Confidential Business

No member of the Council or of any committee shall disclose to any person not a member of Council any business declared to be confidential by the Council or the committee.
Any member in breach of the provisions of paragraph (a) of this standing Order shall be removed from any committee of the Council by the Council.

Code of Conduct on Complaints - The Council shall deal with complaints of maladministration allegedly committed by Council or by any member or officer in such manner as adopted by the Council except for those complaints which should be properly directed to the Standards Board for consideration.
SALC and NALC - Advice and guidance sought from SALC regarding constitutional, procedural and legal requirements of the parish council should be accepted and adopted.
Variation, Revocation and Suspension of Standing Orders - Any or every part of the Standing Orders except those printed in bold type may be suspended by resolution in relation to any specific item of business.
A resolution permanently to add, vary or revoke a Standing Order shall when proposed and seconded, stand adjourned without discussion to the next ordinary meeting of Council.
NALC Model Standing Orders/Financial Regulations shall apply to any matter/problem not not covered by these Standing Orders.

PART 1

GENERAL PROVISIONS

Scope

1. (1) A member must observe the authority's code of conduct whenever he -

(a) conducts the business of the authority;

(b) conducts the business of the office to which he has been elected or appointed; or

and references to a member's official capacity shall be construed accordingly.

(2) An authority's code of conduct shall not, apart from paragraphs 4 and 5(a) below, have effect in relation to the activities of a member undertaken other than in an official capacity.

(3) Where a member acts as a representative of the authority -

(a) on another relevant authority, he must, when acting for that other authority, comply with that other authority's code of conduct; or

(b) on any other body, he must, when acting for that other body, comply with the authority's code of conduct, except and insofar as it conflicts with any other lawful obligations to which that other body may be subject.

(4) In this code -

(a) "member" includes a co-opted member of an authority; and

(b) "responsible authority" means a district council or a unitary county council which has functions in relation to the parish councils for which it is responsible under section 55(12) of the Local Government Act 2000.

General Obligations

2. A member must -

(a) promote equality by not discriminating unlawfully against any person;

(b) treat others with respect; and

(c) not do anything which compromises or which is likely to compromise the impartiality of those who work for, or on behalf of, the authority.

3. A member must not -

(a) disclose information given to him in confidence by anyone, or information acquired which he believes is of a confidential nature, without the consent of a person authorised to give it, or unless he is required by law to do so; nor

(b) prevent another person from gaining access to information to which that person is entitled by law.

4. A member must not in his official capacity, or any other circumstance, conduct himself in a manner which could reasonably be regarded as bringing his office or authority into disrepute.

5. A member -

(a) must not in his official capacity, or any other circumstance, use his position as a member improperly to confer on or secure for himself or any other person, an advantage or disadvantage; and

(b) must, when using or authorising the use by others of the resources of the authority -

(i) act in accordance with the authority's requirements; and

(ii) ensure that such resources are not used for political purposes unless that use could reasonably be regarded as likely to facilitate, or be conductive to, the discharge of the functions of the authority or of the office to which the member has been elected or appointed.

6. A member must, if he becomes aware of any conduct by another member which he reasonably believes involves a failure to comply with the authority's code of conduct, make a written allegation to that effect to the Standards Board for England as soon as it is practicable for him to do so.

PART 2

INTERESTS

Personal Interests

7. (1) A member must regard himself as having a personal interest in any matter if the matter relates to an interest in respect of which notification must be given under paragraphs 12 and 13 below, or if a decision upon it might reasonably be regarded as affecting to a greater extent than other council tax payers, ratepayers, or inhabitants of the authority's area, the well-being or financial position of himself, a relative or a friend or -

(a) any employment or business carried on by such persons;

(b) any person who employs or has appointed such persons, any firm in which they are a partner, or any company of which they are directors;

(c) any corporate body in which such persons have a beneficial interest in a class of securities exceeding the nominal value of �5,000; or

(d) any body listed in sub-paragraphs (a) to (e) of paragraph 13 below in which such persons hold a position of general control or management.

(2) In this paragraph -

(a) "relative" means a spouse, partner, parent, parent-in-law, son, daughter, step-son, step-daughter, child of a partner, brother, sister, grandparent, grandchild, uncle, aunt, nephew, niece, or the spouse or partner of any of the preceding persons; and

(b) "partner" in sub-paragraph (2)(a) above means a member of a couple who live together.

Disclosure of Personal Interests

7. A member with a personal interest in a matter who attends a meeting of the authority at which the matter is considered must disclose to that meeting the existence and nature of that interest at the commencement of that consideration, or when the interest becomes apparent.

Prejudicial Interests

9. (1) Subject to sub-paragraph (2) below, a member with a personal interest in a matter also has a prejudicial interest in that matter if the interest is one which a member of the public with knowledge of the relevant facts would reasonably regard as so significant that it is likely to prejudice the member's judgement of the public interest.

(2) A member may regard himself as not having a prejudicial interest in a matter if that matter relates to -

(a) another relevant authority of which he is a member;

(b) another public authority in which he holds a position of general control or management;

(d) any functions of the authority in respect of statutory sick pay under Part XI of the Social Security Contributions and Benefits Act 1992, where the member is in receipt of, or is entitled to the receipt of such pay from a relevant authority; and

(e) any functions of the authority in respect of an allowance or payment made under sections 173 to 173A and 175 to 176 of the Local Government Act 1972 or section 18 of the Local Government and Housing Act 1989.

Participation in Relation to Disclosed Interests

10. A member with a prejudicial interest in any matter must -

(a) withdraw from the room or chamber where a meeting is being held whenever it becomes apparent that the matter is being considered at that meeting, unless he has obtained a dispensation from the standards committee of the responsible authority; and

(b) not seek improperly to influence a decision about that matter.

11. For the purposes of this Part, "meeting" means any meeting of -

(a) the authority; or

(b) any of the authority's committees, sub-committees, joint committees or joint sub-committees.

PART 3

THE REGISTER OF MEMBERS' INTERESTS

Registration of Financial and Other Interests

12. Within 28 days of the provisions of an authority's code of conduct being adopted or applied to that authority or within 28 days of his election or appointment to office (if that is later), a member must register his financial interests in the authority's register maintained under section 81(1) of the Local Government Act 2000 by providing written notification to the monitoring officer of the responsible authority of -

(a) any employment or business carried on by him;

(b) the name of the person who employs or has appointed him, the name of any firm in which he is a partner, and the name of any company for which he is a remunerated director;

(c) the name of any person, other than a relevant authority, who has made a payment to him in respect of his election or any expenses incurred by him in carrying out his duties;

(d) the name of any corporate body which has a place of business or land in the authority's area, and in which the member has a beneficial interest in a class of securities of that body that exceeds the nominal value of �25,000 or one hundredth of the total issued share capital of that body;

(e) a description of any contract for goods, services or works made between the authority and himself or a firm in which he is a partner, a company of which he is a remunerated director, or a body of the description specified in sub-paragraph (d) above;

(f) the address or other description (sufficient to identify the location) of any land in which he has a beneficial interest and which is in the area of the authority;

(g) the address or other description (sufficient to identify the location) of any land where the landlord is the authority and the tenant is a firm in which he is a partner, a company of which he is a remunerated director, or a body of the description specified in sub-paragraph (d) above; and

(h) the address or other description (sufficient to identify the location) of any land in the authority's area in which he has a licence (alone or jointly with others) to occupy for 28 days or longer.

13. Within 28 days of the provisions of the authority's code of conduct being adopted or applied to that authority or within 28 days of his election or appointment to office (if that is later), a member must register his other interests in the authority's register maintained under section 81(1) of the Local Government Act 2000 by providing written notification to the monitoring officer of the responsible authority of his membership of or position of general control or management in any -

(a) body to which he has been appointed or nominated by the authority as its representative;

(b) public authority or body exercising functions of a public nature;

(d) body whose principal purposes include the influence of public opinion or policy; and

(e) trade union or professional association.

14. A member must within 28 days of becoming aware of any change to the interests specified under paragraphs 12 and 13 above, provide written notification to the monitoring officer of the responsible authority of that change.

Registration of Gifts and Hospitality

15. A member must within 28 days of receiving any gift or hospitality over the value of �25, provide written notification to the monitoring officer of the responsible authority of the existence and nature of that gift or hospitality.