Standing Orders

January 2009

INTRODUCTION

This document constitutes the Standing Orders adopted by the Lancing Parish

Council for the purpose of propriety in conducting Council business. It incorporates various requirements, such as those to be observed under the Code of Conduct.

Some of the Standing Orders are compulsory as they are laid down in Acts of Parliament. These are printed in bold type. These Standing Orders cannot be altered. In this respect if the words “Local Councils” are used, it means Parish and Town Councils in England and Community and Town Councils in Wales.

It is, of course, recognised that local councillors can be male or female. Therefore, wherever the masculine gender is used in this publication, this should be interpreted as also meaning the feminine gender, where appropriate.

Standing Orders contents
Standing Order No.	Subject	Standing Order No.	Subject
1	Meetings	45 - 51	Sub-Committees
2 - 3	The Statutory Annual Meeting	52	Programme committee’s responsibilities
4	Chairman of the Meeting	53	Advisory Committees
5	Proper Officer	54 - 55	Voting in Committees
6 - 7	Quorum of the Council	56	Presence of Non-Members of Committees at Committee Meetings
8 – 10	Voting	57 – 58	Accounts and Financial Statement
11 -14	Order of Business	59 – 60	Estimates/Precepts
15	Urgent Business	61 – 65	Interests
16 - 21	Resolutions Moved on Notice	66 – 67	Canvassing of and Recommendations by members
22	Resolutions Moved without notice	68 – 69	Inspection of Documents
23 – 26	Questions	70	Unauthorised Activities
27 – 30	Rules of Debate	71 – 74	Admission of the Public and Press to Meetings
31	Closure	76	Confidential Business
32	Disorderly Conduct	77	Liaison with County and District Councillors
33	Right to Reply	78	Planning Applications
34	Alterations of Resolution	79	Financial Matters (Appendix A)
35	Rescission of Previous Resolution	80	Contracts
36	Voting on Appointments	81	Code of Conduct
37	Discussions and Resolutions Affecting employees of the Council	82 – 83	Variation Revocation etc
38	Resolutions on Expenditure	84	Training
39	Expenditure	85	Equalities
40	Sealing of Documents	86	Members
41 - 43	Committees and Sub Committees	87	Revocation of previous Standing Orders
44	Special Meeting	Appendix A	Financial regulations

Meetings

1. (a) Meetings of the Council shall be held in each year on such dates and times as agreed by Council and held at the Parish Hall Lancing.

(b) Smoking is not permitted at any meeting of the Council.

(c) There shall be no audio or video recording or photographs of the meeting without the express approval of the Council. Any persons found recording meetings will be requested to leave the meeting room forthwith

The Statutory Annual Meeting

2 (a) 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

(b) 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.

3. 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 and at such place as the Council may direct.

Chairman of the Meeting

4 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

5 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 Parish Clerk or nominated officer: -

To receive declarations of acceptance of office.

To receive and record notices disclosing interests at meetings.

To receive and retain plans and documents.

To sign notices or other documents on behalf of the Council.

To receive copies of bylaws made by another local authority.

To certify copies of bylaws made by the Council.

To sign and issue the summons to attend meetings of the Council.

To keep proper records for all Council meetings.

Quorum of the Council

6 Three members or one-third of the total membership, whichever is the greater, shall constitute a quorum at meetings of the Council.

7 If a quorum is not present or if during a meeting the number of councillors present (not counting those debarred by reason of a declared interest) falls below the required quorum, the meeting shall be adjourned and business not transacted shall be transacted at the next meeting or on such other day as the Chairman may fix.

Voting

8 Members shall vote by show of hands or, if at least two members so request, by signed ballot.

9 If a member so requires, the Parish Clerk shall record the names of the 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.

10 (1) Subject to (2) and (3) below the Chairman may give an original vote on any matter put to the vote, and in any case of an 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

11 At each Annual Parish Council Meeting the first business shall be:-

a) To elect a Chairman of the Council

b) To receive the Chairman’s declaration of acceptance of office or, if not then received, to decide when it shall be received.

c) In the ordinary year of election of the Council to fill any vacancies left unfilled at the election by reason of insufficient nominations.

d) To decide when any declarations of acceptance of office which have not been received as provided by law shall be received.

e) To elect a Vice-Chairman of the Council.

f) To appoint representatives to outside bodies.

g) To appoint committees and sub-committees.

h) To consider the payment of any subscriptions falling to be paid annually.

i) To inspect any deeds and trust investments in the custody of the Council as required;

and shall thereafter follow the order set out in the Standing Order 13

12 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.

13 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 37 must be read in conjunction with this requirement.

14 After the first business has been completed, the order of business, unless the Council otherwise decides on the ground of urgency, shall be as follows:-

(a) 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.

(b) After consideration to approve the signature of the Minutes by the person presiding as a correct record.

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

(d) To dispose of business, if any, remaining from the last meeting.

(e) To receive such communications as the person presiding may wish to lay before the Council.

(f) To answer questions from Councillors.

(g) To receive and consider reports and minutes of committees.

(h) To receive and consider resolutions or recommendations in the order in which they have been notified.

(i) To authorise the sealing of documents.

(j) If necessary, to authorise the signing of orders for payment.

Urgent Business

15 A motion to vary the order of business on the ground of urgency:

a) 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

b) Shall be put to the vote without discussion.

Resolutions Moved On Notice

16 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 Parish Clerk or the mover has given notice in writing of its terms and has delivered the notice to the Parish Clerk at least seven clear days before the next meeting of the Council.

17 The Parish Clerk shall date every notice of resolution or recommendation when received by him, shall number each notice in the order in which it was received and shall enter it in a book which shall be open to the inspection of every member of the Council.

18 The Parish Clerk shall insert in the summons for every meeting all notices of motion or recommendation properly given in the order in which they have been received unless the member giving a notice of motion has stated in writing that he intends to move at some later meeting or that he withdraws it.

19 If a resolution or recommendation specified in the summons is not moved either by the member who gave notice of it or by any other member, it shall, unless postponed by the Council, be treated as withdrawn and shall not be moved without fresh notice.

20 If the subject matter of a resolution comes within the province of a committee of the Council, it shall, upon being moved and seconded, stand referred without discussion to such committee or to such other committee as the Council may determine for report; provided that the Chairman, if he considers it to be a matter of urgency, may allow it to be dealt with at the meeting at which it was moved.

21 Every resolution or recommendation shall be relevant to some subject over which the Council has power or duties, which affects its area.

Resolutions Moved Without Notice

22 Resolutions dealing with the following matters may be moved without notice:-

(a) To appoint a Chairman of the meeting.

(b) To correct the Minutes.

(d) To alter the order of business.

(e) To proceed to the next business.

(f) To close or adjourn the debate.

(g) To refer a matter to a committee.

(h) To appoint a committee or any members thereof.

(i) To adopt a report.

(j) To authorise the sealing of documents.

(k) To amend a motion.

(l) To give leave to withdraw a resolution or amendment.

(m)To extend the time limit for speeches.

(n) To exclude the press and public. (see Order 68 below)

(o) To silence or eject from the meeting a member named for misconduct. (see order 33 below)

(p) To give the consent of the Council where such consent is required by these Standing Orders.

(q) To suspend any Standing Order. (see Order 82 below)

(r) To adjourn the meeting.

Questions

23 A member may ask the Chairman of the Council or the Parish Clerk any question concerning the business of the Council, provided seven clear days notice of the question has been given to the person to whom it is addressed.

24 No questions not connected with business under discussion shall be asked except during the part of the meeting set aside for questions.

25 Every question shall be put and answered without discussion. Where a reply to a question cannot be conveniently be given orally a written answer can be provided later but must be circulated to all Members.

26 A person to whom a question has been put may decline to answer.

Rules of Debate

27 No discussion of the Minutes shall take place except upon their accuracy. An item for discussion on matters arising from previous minutes will be placed on every agenda. Corrections to the draft and unconfirmed Minutes shall be made by resolution. And all agreed Minutes will be signed by the Chairman.

28 (a) A resolution or amendment shall not be discussed unless it has been proposed and seconded, and, unless proper notice has already been given, it shall, if required by the Chairman, be reduced to writing and handed to him before it is further discussed or put to the meeting.

(b) A member when seconding a resolution or amendment may, if he then declares his intention to do so, reserve his speech until a later period of the debate.

(c) A member shall direct his speech to the question under discussion or to a personal explanation or to a question of order.

(d) No speech shall exceed five minutes except by consent of the Council.

(e) An amendment shall be either:-

i) To leave out words.

ii) To leave out words and insert others

iii) To insert or add words.

(f) An amendment shall not have the effect of negating the resolution before the Council.

(g) If an amendment be carried, the resolution, as amended, shall take the place of the original resolution and shall become the resolution upon which any further amendment may be moved.

(h) A further amendment shall not be moved until the Council has disposed of every amendment previously moved.

(i) The mover of a resolution or of an amendment shall have a right of reply.

(j) A member, other than the mover of a resolution, shall not, without leave of the Council, speak more than once on any resolution except to move an amendment or further amendment, or on an amendment, or on a point of order, or in personal explanation, or to move a closure.

(k) A member may speak on a point of order or a personal explanation. A member speaking for these purposes shall be heard forthwith. A personal explanation shall be confined to some material part of a former speech by him which may have been misunderstood.

(l) A motion or amendment may be withdrawn by the proposer with the consent of the Council, which shall be signified without discussion, and no member may speak upon it after permission has been asked for its withdrawal unless such permission has been refused.

(m) When a resolution is under debate no other resolution shall be moved except the following:-

i. To amend the resolution.

ii. To proceed to the next business.

iii. To adjourn the debate.

iv. That the question be now put.

v. That a member named be not further heard.

vi. That a member named leave the meeting.

vii. That the resolution be referred to a committee.

viii. To exclude the public and press.

ix. To adjourn the meeting.

29 A member shall remain seated when speaking unless requested to stand by the Chairman.

30 (a) The ruling of the Chairman on a point of order or on the admissibility of a personal explanation shall not be discussed.

(b) Members shall address the Chairman. If two or more members wish

to speak, the Chairman shall decide who to call upon.

Closure

31 At the end of any speech a member may, without comment, move “that

the question be now put”, “that the debate be now adjourned” or “that the Council do now adjourn”. If such motion is seconded, the Chairman shall put the motion but, in the case of a motion “that the question be now put”, only if he is of the opinion that the question before the Council has been sufficiently debated. If the motion “that the question be now put” is carried, he shall call upon the mover to exercise or waive his right of reply and shall put the question immediately after that right has been exercised or waived. The adjournment of a debate or of the Council shall not prejudice the mover’s right of reply at the resumption.

Disorderly Conduct

32 (a) All members must observe the Code of Conduct which was adopted by the council on 4^th March 2002.

(b) 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.

(c) If, in the opinion of the Chairman, a member has broken the provisions of paragraph (b) of this Order, 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 (England).

(d) If either of the motions 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.

Right of Reply

33 The mover of a resolution shall have a right to reply immediately before the resolution is put to the vote. If an amendment is proposed the mover of the amendment shall be entitled to reply immediately before the amendment is put to the vote. A member exercising a right of reply shall not introduce a new matter. After the right of reply has been exercised or waived, a vote shall be taken without further discussion.

Alteration of Resolution

34 A member may, with the consent of his seconder, move amendments to his own resolution.

Rescission of Previous Resolution

35 (a) A decision (whether affirmative or negative) of the Council shall not be reversed within six months except either by a special resolution, the written notice whereof bears the names of at least two thirds of the members of the Council, or by a resolution moved in pursuance of the report or recommendation of a committee.

(b) When a special resolution or any other resolution moved under the provisions of paragraph (a) of this Order has been disposed of, no similar resolution may be moved within a further six months.

Voting On Appointments

36 Where more than two persons have been nominated for any position to be filled by the Council and of the votes given there is not an absolute majority in favour of one person, the name of the person having the least number of votes shall be struck off the list and a fresh vote taken, and so on until a majority of votes is given in favour of one person.

Discussions and Resolutions Affecting Employees of the Council

37 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 or committee (as the case may be) has decided whether or not the press and public shall be excluded. (See Standing Order No. 71.)

Resolutions on Expenditure

38 Any resolution (which is moved otherwise than in pursuance of a recommendation of the Finance and General Purposes Committee or of another committee after recommendation by the Finance and General Purposes Committee) and which, if carried, would, in the opinion of the Chairman, substantially increase the expenditure upon any service which is under the management of the Council or reduce the revenue at the disposal of any committee, or which would involve capital expenditure, shall, when proposed and seconded, stand adjourned without discussion to the next ordinary meeting of the Council, and any committee affected by it shall consider whether it desires to report thereon (and the Finance and General Purposes Committee shall report on the financial aspect of the matters).

Expenditure

39 Orders for the payment of money shall be authorised by resolution of the Council and signed by two members.

Sealing of Documents

40 (a) A document shall not be sealed on behalf of the Council unless its sealing has been authorised by a resolution.

(b) Any two members of the Council named in a resolution moved under the provisions of paragraph (a) of this Order may seal, on behalf of the Council, any document required by law to be issued under seal.

Committees and Sub Committees

41 The Council may at its Annual Meeting appoint standing committees and may at any other time appoint such other committees as are necessary, but subject to any statutory provision in that behalf:-

(a) Shall not appoint any member of a committee so as to hold office later than the next Annual Meeting.

(b) May appoint persons other than members of the Council to assist in any working party on any Committee; and

42 The Chairman and Vice-Chairman, ex-officio, shall be voting members of every committee.

43 Every committee shall at its first meeting before proceeding to any other business, elect a Chairman and may elect a Vice-Chairman who shall hold office until the next Annual Meeting of the council, and shall settle its programme of meetings for the year.

Special Meeting

44 (a) The Chairman of a committee or the Chairman 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 not 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.

(b) The Chairman of a committee may cancel a meeting if there no, or insufficient, business providing that 7 days notice are given to the Clerk, who will then notify al members accordingly.

Sub-Committees

45 Every committee may appoint sub-committees for purposes to be specified by the committee.

46 The Chairman and Vice-Chairman of the committee shall be members of every sub-committee appointed by it unless they signify that they do not wish to serve.

47 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 one-half of its members.

48 The Standing Orders on rules of debate (except those parts relating to standing and to speaking more than once) and the Standing Order on interests of members in contracts and other matters shall apply to committee and sub-committee meetings.

49. Any member of a committee may resign his/her seat on the committee by

notice in writing signed by him/her, and sent to the Parish Clerk, who shall

then inform the Chairman of that committee.

50. Any member of a committee who shall be absent from all meetings of the committee for more than six consecutive months (except in the case of serious illness) shall cease to be a member of that committee.

51. Any Member can substitute at any meeting for any other Member of the Council, that does not already sit on the Committee in question.

Programme Committees Responsibilities

52 The Council has delegated its work and responsibilities as follows:

(a) Full Council

· the overall Policy & Decision Making Body of the Council.

(a) Amenities & Environment Committee

Maintenance, management & improvements of :-

· Sports Pitches & Pavilions

· Playgrounds

· Play Equipment

· Allotments

· Beach Hut Sites

· Council Car Parks

· Council Works Depot & Vehicle

· Widewater Local Nature Reserve

· Seats

· Recreation Grounds & the booking of

· PocketGardens

· Environmental Issues

· Beaches & Foreshores

(b) Finance & General Purposes Committee

· Parish Hall & its Operations

· Payment of Accounts

· Financial Audits

· Budget Collation

· Personnel & Human Resource Issues

· Budget Planning/Annual Budgets including setting of Fees & Charges

· Capital Projects & Spend

· All Licences/Leases & Agreements

· Youth Issues

· All Planning Applications

· Highways Matters & Issues

· Public Transport

Advisory Committees

53 (a) The Council may create advisory committees, whose name, and number of members and the bodies to be invited to nominate members shall be specified.

(b) The Parish Clerk shall inform the members of each advisory committee of the terms of reference of the committee.

(d) An advisory committee may consist wholly of persons who are not members of the Council.

Voting in Committees

54 Members of committees and sub-committees entitled to vote, shall vote by show of hands, or, if at least two members so request, by signed ballot.

55 Chairmen of committees and sub-committees shall in the case of an equality of votes have a second or casting vote.

Presence of Non-Members of Committees at Committee Meetings

56 A member who has proposed a resolution, which has been referred to any committee of which he is not a member, may explain his resolution to the committee but shall not vote.

Accounts and Financial Statement

57 (a) Except as provided in sub-paragraph (b) of this Standing Order or by statute, all accounts for payment and claims upon the Council shall be laid before the Council.

(b) Where it is necessary to make a payment before it has been authorised by the Council, such payment shall be certified as to its correctness and urgency by the appropriate officer. Such payment shall be authorised by the committee, if any, having charge of the business to which it relates, or by the proper officer for payment with the approval of the Chairman or Vice-Chairman of the Council.

(c) All payments ratified under sub-paragraph (b) of this Standing Order shall be separately included in the next schedule of payments before the Council.

58 The Responsible Financial Officer shall supply to each member as soon as practicable after 31 March in each year a statement of the receipts and payments of the Council for the completed financial year. A Financial Statement prepared on the appropriate accounting basis (receipts and payments, or income and expenditure) for a year to 31 March shall be presented to each member before the end of the following month of May. The Statement of Accounts of the Council (which is subject to external audit) shall be presented to Council for formal approval before the end of the following month of September.

Estimates / Precepts

59 (a) The council shall approve written estimates for the coming financial year at its meeting before the end of the month of Decemberin each year.

(b) Each committee shall formulate and submit proposals to the Finance & General Purposes Committee in respect of revenue services and capital projects for inclusion in the rolling capital programme not later than 30^th November in each year

(c) Detailed estimates of income and expenditure on revenue services, and receipts and payments on capital account, shall be prepared each year by the Responsible Financial Officer.

60 The Finance & General Purposes Committee shall review the estimates and submit them to Council not later than the end of January in each year.

Interests

61 If a member has a personal interest as defined by the Code of Conduct adopted by the Council on 4^th March 2002 then he shall declare such interest as soon as it becomes apparent, disclosing the existence and nature of that interest as required.

62 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.

63 The Parish Clerk will compile and hold a register of member’s interests in accordance with agreement reached with the Monitoring Officer of the Responsible Authority and/or as required by statute.

64 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 Parish Clerk. A candidate who fails so to do shall be disqualified for such appointment, and, if appointed, may be dismissed without notice. The Parish Clerk shall report to the Council or to the appropriate committee any such disclosure. Where a relationship to a member is disclosed, Standing Orders 61, 62 and 63 shall apply as appropriate.

65 The Parish Clerk shall make known the purpose of Standing Order 64 to every candidate.

Canvassing of and Recommendations by Members

66 (a) Canvassing of members of the Council or of any committee, directly or indirectly, for any appointment under the Council shall disqualify the candidate for such appointment. The Parish Clerk shall make known the purport of this sub-paragraph of this Standing Order to every candidate.

(b) A member of the Council or of any committee shall not solicit for any person any appointment under the Council or recommend any person for such appointment or for promotion; but, nevertheless, any such member may give a written testimonial of a candidate’s ability, experience or character for submission to the Council with an application for appointment.

67 Standing Order Nos. 66 shall apply to tenders as if the person making the tender were a candidate for an appointment.

Inspection of Documents

68 A member may for the purpose of his duty as such (but not otherwise), inspect any document in possession of the Council or a committee, and if copies are available shall, on request, be supplied for the like purpose with a copy.

69 All minutes kept by the Council and by any committee shall be open for the inspection of any member of the Council.

Unauthorised Activities

70 No member of the Council or of any committee or sub-committee shall in the name of or on behalf of the Council:-

a) Inspect any lands or premises which the Council has a right or duty to inspect; or

b) Issue orders, instructions or directions unless authorised to do so by the Council or the relevant committee or sub-committee.

Admission of The Public and Press to Meetings

71 The public and press shall be admitted to all meetings of the Council and its committees and sub-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”

The Council shall state the special reason for exclusion.

72 (a) At all meetings of the Council and its committees and at a convenient time in the transaction of business there shall be an adjournment of the meeting of up to 15 minutes so as to allow any members of the public to address the meeting in relation to the business to be transacted at that meeting.

(b) At all other meetings the Chairman of the meeting may at his/her discretion adjourn the meeting to allow any member of the public to address the meeting in relation to the business to be conducted at that meeting

73 (a) The Parish Clerk shall afford to the press reasonable facilities for the taking of their report of any proceedings at which they are entitled to be present.

(b) Accredited representatives of television companies shall be permitted to film the proceedings at Council meetings except for that part of the meeting where the public are excluded pursuant to a resolution passed in accordance with Section 100A(2) or (4) of the Local Government Act 1972 as amended.

74 If a member of the public interrupts the proceedings at any meeting, the Chairman may, after warning, order that he be removed from the meeting and may adjourn the meeting for such period as is necessary to restore order.

Confidential Business

76 (a) No member of the Council or of any committee or sub-committee shall disclose to any person not a member of the Council any business declared to be confidential by the Council, the committee or the sub-committee as the case may be.

(b) Any member in breach of the provisions of paragraph (1) of this Standing Order shall be removed from any committee or sub-committee of the Council by the Council.

Liaison with County and District Councillors

77 (a) An Agenda for each meeting shall be sent, together with an invitation to attend, to the County, Borough, Unitary or District Councillor for the appropriate division or ward.

(b) Unless the Council otherwise orders, a copy of each letter or email ordered to be sent to the County or District Council shall be transmitted to the County Councillor for the division or to the District Councillor for the ward as the case may require.

Planning Applications

78 (1) The Parish Clerk shall, as soon as it is received, enter in a book or file kept for the purpose the following particulars of every planning application notified to the Council: -

a) the Planning Authority’s reference number

b) the place to which it relates

c) a summary of the nature of the application;

(2) The Parish Clerk shall refer every planning application to the next Planning Advisory Committee and shall notify the notifying Planning Authority of the Committee’s decision within the prescribed period of consultation.

Financial Matters

79 (1) The Council shall consider and approve Financial Regulations drawn up by the Responsible Financial Officer. The purpose of these Financial Regulations will be to set out the arrangements for governing the conduct of the financial transactions of the Council and to ensure compliance with accounting and legislative requirements.

(2) The regulations shall detail the arrangements for:

(a) accounting records and systems of internal control;

(b) assessment and management of risks faced by the Council;

(c) work of the Internal Auditor and the receipt of regular reports from the Internal Auditor which shall be required at least annually;

(d) financial reporting requirements of members and local electors and

(e) procurement policies.

The Financial Regulations are annexed to this document as Appendix A

Contracts

80 (a) Every contract made by the Council or by a Committee, or officer acting on its behalf shall comply with the EEC Treaty and with any relevant Directives of the EEC for the time being in force in the United Kingdom and, except as hereinafter provided, these Standing Orders. These Standing Orders apply only to contracts for the supply of goods or materials, or the execution of works and, in particular, shall not apply to contracts for services or of employment, nor to any contract for the sale or purchase of any right in or over land or premises nor to any other agreement, licence or wayleaves relating to land or premises.

(b) It shall be a condition of any contract between the Council and any person (not being an officer of the Council) who is required to supervise a contract on their behalf or nominate a sub-contractor or supplier that, in relation to such contract or nomination, he shall comply with the requirements of these Standing Orders as if he were an officer of the Council. In these Standing Orders, any reference to an officer of the Council shall be deemed to include a reference to any such person as aforesaid.

(c) Exemption from any of the following provisions of these Standing Orders may be made by direction of the Council or a committee within whose terms of reference the subject matter of the contract falls where the Council or committee is satisfied that the exemption is justified in special circumstances.

Exemptions

(d) Every exemption made by a Committee to which the power of making contracts has been delegated shall be reported to the Council and the report shall specify the circumstances by which the exemption shall have been justified.

(e) Express note of any exemption from any of the provisions of these Standing Orders and of the emergency, if any, by which the exemption shall have been justified shall, unless recorded in the report of a Committee which is laid before the Council, be made in the Minutes of the Council.

(f) Before any contract for the supply of goods and materials, execution of works, or any provision as to the maintenance or servicing thereof is made, the Parish Clerk shall ensure that the estimated cost of said supply or works has been included in the annual budget of the Council under the appropriate heading.

(g) Any proposed contract for the supply of goods and materials, execution of works or any provision as to the maintenance or servicing thereof which has not been included in the annual budget shall be the subject of a separate report to the appropriate Committee or the Council. If approved, normal tender procedures will apply.

Code of Conduct on Complaints

81 The Council shall deal with complaints of maladministration allegedly committed by the Council or by any officer or member in such manner as the Council thinks fit except for those complaints which should be properly directed to the Standards Board for consideration.

Variation, Revocation and Suspension of Standing Orders

82 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.

83 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 the Council.

Training

84 (a). All Members appointed have a responsibility to the Council to undertake appropriate training courses if required.

(b).Chairmen shall have a responsibility and be expected to undertake appropriate training courses.

Equalities

85 (a) The Council is committed to providing equality of opportunity in all our activities and to ensure that discrimination in any form does not occur.

The Council will ensure that all policies and procedures meet with both the letter and spirit of the following laws:

· Equal Pay Act 1970 (amended 1983)

· Sex Discrimination Acts 1975 and 1986

· Race Relations Act 1976

· Race Relations Amendment Act 2000

· Disability Discrimination Act 2005

· Human Rights Act 1998

· Employment Directive 2003

· Employment Equality (Age) Regulations 2006

(b) The Council will not treat a person less favourably on the grounds of:

· Sex (gender)

· Race, colour, ethnic or national origin

· Marital status

· Disability

· Religion or belief

· Sexual orientation

· Age

Standing Orders to be Given to Members

86 A copy of these current Standing Orders shall be given to each member by the Parish Clerk upon delivery to him of the member’s declaration of acceptance of office and written undertaking to observe the Code of Conduct adopted by the Council or at any other time that may be appropriate.

Revocation of previous Standing Orders

87 The previous Standing Orders previously adopted by the Council are hereby revoked

These Standing Orders were adopted by the Parish Council at its meeting on 7^th January 2009

Signed Chair of the Council

Appendix A

Standing Order 79 - Financial Regulations

Contents
Regulation No.	Subject	Regulation No.	Subject
1	Financial Administration	9	Petty cash float
2	Financial Planning and Annual estimates	10	Legal documents
3	Budgetary control	11	Insurances
4	Income	12	Investments, borrowing and trust funds
5	Banking arrangements	13	Procurement of goods and services
6	Signing of cheques	14	Corrupt practices
7	Ordering procedures	15	Revision of Financial Regulations
8	Payment procedures		Signatories

1 FINANCIAL ADMINISTRATION

1.1 The Parish Clerk as the Responsible Financial Officer, under the direction of the Financial and General Purposes Committee, shall regulate and control the finances and accounts of the Parish Council and supervise and co-ordinate financial and accounting methods.

1.2 The Parish Clerk shall be responsible for the proper administration of the Council’s financial affairs and the production of financial management information. The Parish Clerk will be responsible for ensuring that the Council’s internal audit is carried out by an independent, and relevantly qualified person, not associated with the Council, at least once a year and subject to the Council’s confirmation of the nomination of Internal Auditor.

2 FINANCIAL PLANNING AND ANNUAL ESTIMATES

2.1 The Parish Clerk shall each year recommend to the Parish Council a programme of estimates for consideration and the programme is to include adequate time for such discussions between the Finance and General Purposes Committee, other programme committees and Council.

2.2 Detailed estimates of income and expenditure on revenue accounts, and receipts and payments of capital account, shall be prepared each year by the Parish Clerk, who will examine and complete the estimates and submit them to the committees responsible for the services by the prescribed date.

2.3 The Financial and General Purposes Committee shall review the estimates and submit the to the Council not later than January each year, together with such summaries, statements and reports as are considered desirable in order to enable Council to determine the precept to be levied for the ensuing year, these should include a review of pay and conditions of service for existing employees.

2.4 Concurrently with the report to the Council and the proposed precept to be levied for the ensuing year, the Parish Clerk shall report on the funding of the capital programme, in order to enable a definite programme for the following year to be determined.

3 BUDGETARY CONTROL

3.1 Expenditure on the revenue account may be incurred up to the amounts included in the approved budget, subject to the requirements of Standing Orders.

3.2 Expenditure may not be incurred which cannot be met from the amount provided within the net revenue budget of when there is likely to result an overspending in the year, unless a request for a supplementary estimate has been submitted to the Finance and General Purposes Committee. This regulation shall apply where such event would result in an increase in net cost within the financial year.

3.3 Except as provided in Standing Orders, all proposals involving expenditure on capital account shall be the subject of an annual report to the appropriate Committee and the report shall include the full financial implications of the proposals.

3.4 The Finance and General Purposes Committee shall carry out a review of the expenditure and income of the Council at the same time as it undertakes its evaluation of the following year’s budgetary requirements.

4 INCOME

4.1 The collection of all sums due to the Council shall be under the supervision of the Parish Clerk, who shall ensure adequate arrangements for prompt and proper accounting for all cash, including its collection, custody, control and deposit are maintained.

4.2 The Parish Clerk will have discretion to agree re-imbursements in income to a maximum of £60 per incident in order to appease dissatisfied hirers for whatever reasons. All reductions ratified under 4.2 will be reported to the Finance and General Purposes Committee detailing the circumstances and reasons for any decision. Any claims for re-imbursements above £60 will be referred to the Finance and General Purposes Committee for consideration.

4.3 The Parish Council will agree the scale of fees and charges for each service on, at least, an annual basis following a report of the Parish Clerk.

4.4 Personal cheques shall in no circumstances be cashed out of money held on behalf of the Council.

4.5 Every transfer of official money from one member of staff to another shall be signed for by the receiving officer.

5 BANKING ARRANGEMENTS

5.1 All arrangements with the Council’s Bankers shall be made by the Parish Clerk and approved by the Financial and General Purposes Committee. The aforementioned officer shall be authorised to operate such banking accounts as considered necessary.

5.2 All schedules approving payments of cheques shall be presented to a meeting of the Finance and General Purposes Committee for authorisation by resolution and all cheques signed by two members.

5.3 The Parish Clerk together with the Financial Assistant or the Chairman of the Council is authorised to sign cheques on the Imprest account (Parish Clerks Payments Account) to the value not exceeding £500.

5.4 Where it is necessary to make a payment before it has been authorised by Council, such payment shall be certified as to its correctness and urgency by the appropriate officer. Such payment shall be authorised by the committee, if any, having charge of the business to which it relates, or by the proper officer for payments with the approval of the Chairman or Vice-Chairman of the Council.

5.5 All payments ratified under 5.4 shall be separately included in the next schedule of payments before the Council.

6 SIGNING OF CHEQUES

6.1 The Council’s Current Account cheques will be signed by three authorised persons, one of which will be the Parish Clerk to the Council, the other two being two Councillors from an agreed list of four. The Council’s bank will be advised of the designated signatories and specimen signatures held by them.

All cheque stubs shall be initialled by cheque signatories.

6.2 The Council’s Parish Clerk’s Payments Account cheques will be signed by two authorised signatories, one of which will be the Parish Clerk to the Council and the other being that of the Administration Officer (Finance) of the Council or the Chairman of the Council. The Council’s bank will be advised of the designated signatories and specimen signatures held by them.

The maximum amount that can be paid on any one Parish Clerk’s Payments cheque is £500.00.

6.3 The current authorised signatories for the two accounts are attached to these Financial Regulations.

7 ORDERING PROCEDURES

7.1 Official Orders shall be issued for all work, goods or services to be supplied to the Council and such orders should be signed by the Parish Clerk or other duly authorised officer, where possible the order should specify any cost which has been agreed.

7.2 Each order raised shall conform with the directions of the Council with respect to Standing Orders.

8. PAYMENT PROCEDURES

8.1 Apart from petty cash payments, the normal method of payment of money due

from the Council shall be by cheque or other order drawn on the Council's

Bankers.

All cheques shall be returned to creditors within 15 days from the receipt of invoiced account and performance shall be monitored and reported on this target.

8.2 All invoices for payment shall be examined, verified and certified by the Parish Clerk. Before certifying an invoice the Parish Clerk shall satisfy himself that the work, goods or services to which the invoice relates have been received, carried out, examined and approved. The invoice should then be checked for arithmetical accuracy and coded to the appropriate expenditure head. The Parish Clerk shall take all reasonable steps to settle all invoices submitted, and which are in order, within 30 days of their receipt.

8.3 The payment of all salaries, wages and other emoluments shall be made in accordance with the instruction of the Parish Clerk, concerning national pay awards and other information likely to have a bearing on individual members of staff conditions of service.

8.4 The payments of salary and wages information including information of superannuation, income tax, national insurance and the like should be fully maintained and updated in accordance with instruction of the Parish Clerk.

9. PETTY CASH FLOAT

9.1 The Parish Clerk may maintain such petty cash float as is deemed necessary for operational purposes up to a maximum of £250 and provide petty cash to officers for the purpose of defraying operational and other expenses or miscellaneous items of an urgent nature. Such petty cash accounts to be maintained on the imprest system in the manner and form prescribed by the Parish Clerk and be reported monthly to the Finance and General Purposes Committee.

9.2 Vouchers and receipts for payments made from this account shall be kept in accordance with instructions laid down from time to time by the Parish Clerk.

9.3 Income due and / or received must not be paid into any petty cash account but must be separately banked in accordance with the procedures laid down by the Parish Clerk from time to time in accordance with these regulations.

10.LEGAL DOCUMENTS

10.1 The Parish Clerk shall have the custody of all Title Deeds of properties owned by the Council and shall ensure a record is maintained of all such properties and that all such documents are securely kept and maintained within the Council's Deed Box.

11.INSURANCES

11.1 The Parish Clerk will effect all adequate insurance cover and negotiate all claims.

11.2 All members of staff with line responsibility are responsible for notifying the

Parish Clerk of all new risks which require to be insured and of any alterations affecting existing risks or insurances

11.3 A comprehensive record of all insurance's effected by the Council and the property and risks covered thereby shall be maintained and this reviewed annually.

11.4 All members of staff are responsible for immediately notifying the Parish Clerk in writing, of any loss, theft, liability or damage, or of any event likely to lead to a claim.

12 INVESTMENTS, BORROWINGS AND TRUST FUNDS

12.1 All investments of money under the control of the Council shall be in the name of the Council and made under arrangements approved by the Finance and General Purposes Committee.

12.2 All borrowings shall be effected in the name of the Council and be subject to approval by the Finance and General Purposes Committee.

13 PROCUREMENT OF GOODS AND SERVICES

13.1 Where the estimated cost of works, goods and materials and related services is as set out below and the requisite provision thereof has been made in the approved budget, the arrangements for any required invitation of tenders or quotation and the subsequent acceptance thereof shall be as shown.

Estimated Value	Method of Invitation	Acceptance By
Up to £5,500	Discretionary	Parish Clerk
£5,500 to £16,000	Minimum of three invitations for quotations	Parish Clerk
£16,000 to £32,000	Minimum of four invitations for quotations	Parish Clerk
£32,000 to £80,500	Minimum of five invitation for tenders (with discretion to invite tenders by public advertisement up to £80,500)	Chairman of appropriate Committee or nominee and Parish Clerk
£80,500 to £140,000	Minimum of five invitation for tenders by public advertisement	Chairman of appropriate Committee or nominee and Parish Clerk
Above £140,000	EU procurement rules to apply	Chairman of appropriate Committee or nominee and Parish Clerk

In all cases up to £16,000 where the lowest tender received is in excess of 5% above the original estimate, or in cases over £16,000 where it is in excess of the original estimate, it shall be reported to the appropriate Committee for acceptance or otherwise.

13.2 Tenders to be invited by public advertisement

Contracts which exceed £80,500 in valuation or amount for the supply of goods or materials or the execution of any work for which provision has been made in annual budget shall not be made unless at least ten days public notice has been given in one or more of the local newspapers circulating in the district. Provided that it shall not be obligatory for the Council or any Committee or Sub Committee exercising powers delegated by the Council to invite tenders for a contract or materials where effective competition is prevented by Government control or where the Parish Clerk reports in writing to the Council or to the Committee or Sub Committee exercising such powers that effective competition is prevented by the special nature of the goods or materials required. Nor shall it be necessary to give public notice of the intention to enter into such a contract.

13.3 Exceptions to procedures

The Order shall not apply to:-

(i) Purchase by auction;

(ii) Purchase or repair of patented or proprietary goods or materials sold at fixed price;

(iii) Purchase of materials normally supplied by specialist contractors;

(iv) The execution of work, the purchase of goods or materials or the provision of services involving special, scientific or artistic knowledge;

(v) The execution of work or the purchase of goods or materials which are a matter of urgency after prior reference to the appropriate Committee Chairman;

(vi) The purchase of goods or materials which the Parish Clerk may from time to time deem it expedient to make in the open market provided that before making any such purchase the approval of the Chairman of the appropriate Committee concerned is obtained and finance is available in the appropriate budget;

(vii) Contracts with professional persons or companies for the execution of work and for advise in which the personal skills of the person or company is of primary importance;

(viii) Those contracts where a Committee may expressly determine that it is in the Council's interest that a tender be negotiated directly with a contractor or supplier of goods or services.

13.4 Requirements for submission of tenders

Where in pursuance of Standing Order 80 public invitation to tender is required, every notice of such invitation shall state that no tender will be received except in a plain, sealed envelope which shall bear the word ‘Tender’ followed by the subject to which it relates, but shall not bear any name or mark indication the sender and such envelopes shall remain in the custody of the Parish Clerk until the time appointed for their opening.

13.5 Declarations as to conduct of Tenderer

In connection with the submission of tenders for the execution of works or supply of goods and materials, declaration shall be obtained from each tenderer in the following form:

"we declare that we are not parties to any scheme or arrangement under which;

(i) we communicate the amount of our tender to any other person or body before the contract is let.

(ii) Any other tenderer for the works, which are the subject of our tender, is reimbursed any part of his tendering costs.

(iii) Our tender prices are adjusted by reference directly or indirectly to the prices of any other tenderer for the works.

No provision in made in our tender price for any reimbursement of any adjustment of any contribution thereto."

13.6 Procedure for opening tenders

Tenders shall be opened by the Parish Clerk or an official of the Council designated by him/her at one time only in the presence of such Member or Members of the Council as may have been designated for the purpose by the Council or by the Committee to which the power of making the contract to which the tenders relate has been delegated. Where tenders have been opened in pursuance of this paragraph they shall be recorded and reported to the next meeting of the appropriate Committee.

13.7 Limitations of acceptance of tenders

A tender other than the lowest tender if payment is to be made by the Council or the highest tender if payment is to be received by the Council shall not be accepted until the Council shall have considered a written report from the appropriate Officer.

The Council is not obliged to accept the lowest or any tender received.

13.8 Contracts for supplies, services and works

Every contract which exceeds £80,500 in value or amount shall be in writing and in a form prescribed or approved by the Council's legal adviser and signed by the Parish Clerk on behalf of the Council.

Every contract which exceeds the EU limit for contracts shall be advertised and let in accordance with the current EU procurement rules that apply at the time.

13.9 Every contract for which provision has been made in the approved annual estimates and/or approved by the appropriate Committee of the Council pursuant to Standing Orders and being in valve of an amount less that £85,000 shall be entered into on behalf of the Council by the Parish Clerk or authorised officer by the issuing of an official order only.

13.10 Contents of written contracts and penalties

Every written contract shall specify:-

(i) the work, materials, matters or things to be furnished had or done;

(ii) the price to be paid with a statement of discounts or other deductions;

(iii) the time or times within which the contract is to be performed;

(iv) whether the contractor is accredited to ISO 9000 and approved by and will carry out work to the standard laid down by an appropriate national organisation such as the Confederation of Registered Gas Installers (CORGI) or National Inspection Council of Electrical Installation Contractors (NICEIC) and that such work will be covered by guarantees issued by these bodies.

14 CORRUPT PRACTICES

14.1 There shall be inserted in every written contract a clause empowering the Council to cancel the contract and to recover from the contractor the amount of any loss resulting from such cancellation if the contractor shall have offered or given or agreed to give any person any gift or consideration of any kind as an inducement or reward for doing or forbearing to do or for having done or forborne to do any action in relation to the favour or disfavour to any person in relation to the contract or any other contract with the Council, or if without the knowledge of the contractor or if in relation to any contract with the Council the contractor or any person employed by him/her or acting on his/her behalf shall have committed any offence under the Prevention of Corruption Acts 1889-1916, or shall have given any fee or reward the receipt of which is an offence under section 117(2) of the Local Government Act 1972.

15 REVISION OF FINANCIAL REGULATIONS

15.1 It shall be the duty of the Finance and General Purposes Committee to review the Financial Regulations of the Council from time to time and, after consultation with any other committees concerned, to make such recommendations to the Council.

These Financial Regulations (Standing order 79) were adopted by the Finance and General Purposes Committee at its meeting on

11^th September 2008

Signed Chair of the Council

Authorised signatories for section 6 of the Financial Regulations purposes are:_

Councillors:

Cllr Andy Barnes

Cllr Ann Bridges

Cllr Fred Lewis

Cllr Richard Burt

Officers:-

Colin Hunt, Parish Clerk

Barbara Collier, Administration Officer (Finance)