Author: Richard Shaul

Date: 25/03/2024

Standing orders for Gurnard Parish Council

Drafting notes

Standing orders that are in bold type contain legal and statutory requirements.

For convenience, the word “councillor” is used in model standing orders and, unless the context suggests otherwise, includes a non-councillor with or without voting rights.

Disorderly conduct at meetings
Meetings generally
Committees and sub-committees
Ordinary council meetings
Extraordinary meetings of the council, committees and sub-committees
Voting on appointments
Motions at a meeting that do not require written notice
Management of information
Draft minutes
Code of conduct and dispensations
Code of conduct complaints
Proper officer
Expenditure and delegated powers
Responsibilities to provide information
Responsibilities under data protection legislation
Execution of legal deeds
Communicating with district and county or unitary councillors
Standing orders generally

1. 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 1(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.

2. MEETINGS GENERALLY

The sub sections below are prefixed with the type of meeting to which they apply:

Full Council meetings Full

Committee meetings Com

Sub-committee meetings Sub

Full – 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.

Full – 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.

Com – 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.

Full/Com – 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.

Full/Com -Subject to standing order 2(f), 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.

Full/Com -A person present at a meeting may not provide an oral report or oral commentary about a meeting as it takes place without permission.

Full/Com -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.

Full – 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/her/their absence be done by, to or before the Vice-Chair of the Council (if there is one).

Full – 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.

Full/Com/Sub – 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.

Full/Com/Sub – The chair 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/her/their casting vote whether or not he/she/they gave an original vote.

See standing orders 4(i) and (j) for the different rules that apply in the election of the Chair of the Council at the annual meeting of the Council.

Full – 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/her/their vote for or against that question. Such a request shall be made before moving on to the next item of business on the agenda.

Full/Com/Sub – 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/her/their right to participate and vote on that matter.

Full – 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.

Full/Com/Sub – 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.

Full council meetings shall be held at Gurnard Village Hall, Westbrook Lane, Gurnard at 6:30 PM unless the council otherwise decides at a previous meeting or in exceptional circumstances.

Full council meetings shall be held on the second Wednesday of the month, except in August.

If all business is not completed within 2 ½ hours it will be adjourned until the next meeting unless a resolution to suspend standing orders in this respect is carried.

3. 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.
The Council may at any time dissolve or alter the membership of the committee.
The Chair or Vice-Chair shall be members of every committee.
Every committee shall, at its first meeting before moving to any other business, elect a Chair and may elect a Vice-Chair who shall both hold office until the next Annual Meeting of the Council.
The Chair of a committee or the Chair of the Council may summon an additional meeting of that committee at any time. An additional meeting shall also be summoned on the requisition in writing of no less than a quarter of the members of the committee. The summons shall set out the business to be considered at the special meeting and no other business shall be transacted at that meeting.
Every Committee may appoint Sub-Committees for purposes to be specified by the committee.
The Chair or Vice-Chair of the Committee shall be members of every Sub-Committee appointed by it, unless they signify that they do not wish to serve.
Except where ordered by the Council in the case of a Committee, or by the Council or by the appropriate Committee in the case of a Sub-Committee, the quorum of a Committee or Sub-Committee shall be 3.
Minutes of all Committee meetings will be kept and made available to the Council.

4. 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/she/they has resigned or becomes disqualified, shall continue in office and preside at the annual meeting until his/her/their successor is elected at the next annual meeting of the Council.
The Vice-Chair of the Council, if there is one, unless he/she/they 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.
A Councillor’s period of office as Chair shall not exceed 3 consecutive years unless there are no other nominations at the Annual Meeting.
In an election year, if the current Chair of the Council has not been re-elected as a member of the Council, he/she/they 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/she/they shall preside at the annual meeting until a new Chair of the Council has been elected. He/she/they 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.
Following the election of the Chair of the Council and Vice-Chair (if there is one) of the Council at the annual meeting, the business shall include:

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/her/their acceptance of office form unless the Council resolves for this to be done at a later date;
To elect a vice chair.

To review and approve Standing Orders.

To review and approve Financial Regulations.
To appoint an Internal Auditor.
To appoint a Planning Committee.

Appointment of members to other committees as required.
To appoint representatives to other bodies.
At every meeting other than the Annual Meeting the first business shall be to appoint a Chair if the Chair and Vice-Chair be absent and to receive such declarations of acceptance of office (if any) as are required by law to be made, or if not then received to decide when they shall be received
Each year, and before the meeting at which the budget for the next year is approved, the Council shall review the pay and conditions of service of existing employees
After the first business has been considered, the order of business, unless the Council otherwise decides 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.
Following a decision to approve the minutes, the signing of the minutes by the person presiding confirms them as a correct record.

To deal with business expressly required by statute to be done.

To dispose of business, if any, remaining from the last meeting.
To authorise the signing of orders for payment.
To consider resolutions or recommendations and business in the order in which they have been notified in the summons & agenda.

To consider items for the next meeting

5. 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.

6. 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.

7. 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.
Resolutions of the council shall not be reversed within 6 months except by special resolution unless the information upon which the information on which the resolution was made has fundamentally changed.

8. 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.

9. DRAFT MINUTES

No discussion shall take place upon the minutes except their accuracy. Corrections to the minutes shall be made by resolutionand must be initialled by the chair. Alternatively, the correction can be included in the minutes of the immediately following meeting.

b Once draft minutes are published, no amendments can be made until the subsequent meeting.

c 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.

10. CODE OF CONDUCT AND DISPENSATIONS

All councillors and non-councillors with voting rights shall observe the code of conduct adopted by the Council.
Unless he/she/they 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/she/they has a disclosable pecuniary interest. He/she/they may return to the meeting after it has considered the matter in which he/she/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.
A decision as to whether to grant a dispensation shall be made by the Proper Officer
A dispensation request shall confirm:
1. the description and the nature of the disclosable pecuniary interest or other interest to which the request for the dispensation relates;
2. 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(c) and (e), a dispensation request shall be considered [by the Proper Officer before the meeting or, if this is not possible, at the start of the meeting for which the dispensation is required] OR [at the beginning of the meeting of the Council, or committee or sub-committee for which the dispensation is required].
A dispensation may be granted in accordance with standing order 13(d) if having regard to all relevant circumstances any of the following apply:
1. 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;
2. granting the dispensation is in the interests of persons living in the Council’s area; or

it is otherwise appropriate to grant a dispensation.

11. CODE OF CONDUCT COMPLAINTS

The Council shall deal with complaints of maladministration allegedly committed by the Council or by any officer or member in the manner as recommended in the Parish Council’s Code of Practice for dealing with 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.

12. 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:
1. at least three 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), and
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).
1. convene a meeting of the Council for the election of a new Chair of the Council, occasioned by a casual vacancy in his/her/their office;

facilitate inspection of the minute book by local government electors;

receive and retain copies of byelaws made by other local authorities;

13. EXPENDITURE AND DELEGATED POWERS

a Authority for the payment of money and/or invoices shall be given by resolution of the Council.

b No petty cash account will be held.

Delegated powers are given to the Planning Committee to make decisions on planning applications, which require comment between Full Council meetings, and to the Facilities Committee to make decisions on behalf of the Parish Council including authorisation of revenue expenditure including repair, replacement or other work, within budget headings, subject to a limit of £2000.
Where emergency or urgent action is required in between meetings the Clerk, in consultation with the Chair (or Vice-Chair in the Chair’s absence) and 2 other Parish Councillors, is empowered to take appropriate action on the Parish Council’s behalf, subject to this action being confirmed at the next Full Council meeting.
Delegated powers are given to the Clerk, where there is no monthly Parish Council meeting, to pay wages due to employees as they become due, provided the procedures for making payment as laid down in Financial Regulations are adhered to, and confirmation of payment is approved at a subsequent meeting.

14. RESPONSIBILITIES TO PROVIDE INFORMATION

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.

15. RESPONSIBILITIES UNDER DATA PROTECTION LEGISLATION

The Council shall have policies and procedures in place to respond to an individual exercising statutory rights concerning his/her/their personal data.
The Council shall have a written policy in place for responding to and managing a personal data breach.
The Council shall keep a record of all personal data breaches comprising the facts relating to the personal data breach, its effects and the remedial action taken.
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.
The Council shall ensure that all councillors and staff have an understanding of the General Data Protection Regulation (GDPR) and the Data Protection Act 2018 (which supplements the GDPR in the UK) and for the Proper Office and Chair to help build a compliance culture in the council.
The Proper officer shall lead on and take ownership of data protection unless the council determines this needs to be a Data Protection Officer or other nominated individual.
The Council shall Undertake an annual audit of data; in accordance with ICO guidance.
The Council shall Train Councillors and Employees in the regulations to help them understand how it applies to them and what their responsibilities are. Ensure that everyone knows what personal data is, how it should be dealt with, the importance of data security and the repercussions of data breaches.

16. EXECUTION OF LEGAL DEEDS

A legal deed shall not be executed on behalf of the Council unless authorised by a resolution.
Any two councillors may sign, on behalf of the Council, any deed required by law and the Proper Officer shall witness their signatures.

17. LIAISON WITH WARD COUNCILLORS

Agendas of Full Council and committee meetings shall be sent, together with supporting papers, to the IW councillor for Gurnard

18. STANDING ORDERS GENERALLY

All or part of a standing order, except one that incorporates mandatory statutory or legal 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 or legal requirements, shall when proposed and seconded, be adjourned until the next relevant council meeting
The Proper Officer shall provide a copy of the Council’s standing orders to a councillor as soon as possible.
The decision of the chair of a meeting as to the application of standing orders at the meeting shall be final.

Adopted at the Annual Meeting of Gurnard Parish Council 08/05/2024

STANDING ORDERS FOR GURNARD PARISH COUNCIL 2024