East Kirkby Parish Council Standing Orders

 (1)

Meetings

Meetings of the Council shall be held at the village hall commencing at 19.00 unless the Council decides otherwise at a previous meeting.

(2)

The Statutory Annual Meeting shall (a) in an election year shall be held on the Thursday next following the fourth day after the ordinary day of the elections to the Council and (b) in a year which is not an election year, be held on the third Thursday of the month.

The Annual Parish Meeting shall be held annually prior to the Ordinary Parish Council Meeting in April and will commence at 18.30.

All meetings, including the Statutory Annual Meeting, and the Annual Parish Meeting, shall be held on the third Thursday of the month regardless of any elections held that year.   Meetings are held in January, February, March, April, May, June, July, September, October, and November.

(3)

Chairperson of the Meetings

The Chairperson of the Parish Council will preside over all meetings, but should the Chairperson not be available then the person presiding, in the absence of the Chairperson, at a meeting may exercise all the powers and duties of the Chairperson in relation to the conduct of the meeting.

(4)

Proper Officer

Where a statute, regulation or order confers functions or duties on the proper officer of the Council in the following cases the proper officer shall be the Clerk.

(a) To receive declarations of acceptance of office.

(b) To receive and record notices disclosing pecuniary interests.

(c) To receive and retain plans and documents.

(d) To sign notices and other documents on behalf of the Council.

(e) To receive copies of the by-laws made by a District Council.

(f) To sign summonses to attend meetings of the Council.

In any other case the proper officer shall be the person nominated by the Council, and in default of nomination, the Clerk.

(5)

Quorum

Three members shall constitute a quorum.

(6)

If a quorum is not present when the Council meets or, if during a meeting, the number of councillors present, and not debarred by reason of a declared pecuniary interest falls below the quorum, the business not transacted at that meeting shall be transacted at the next meeting or on such other day as the Chairperson may fix.

(7)

Voting

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

(8)

If a member so requires, the clerk shall record the names of the members who voted on any questions so as to show whether they voted for or against it.

(9)

(1) subject to (2) below the Chairperson may give an original vote on any matter put to the vote, and in case of an equality of votes, may give a casting vote even though 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 Chairperson and Vice-Chairperson until the end of their term of office, he may not give an original vote in an election for Chairman.

(10)

Order of business

At each annual meeting the first business shall be:

(a) To elect a Chairperson.

(b) To receive Chairperson’s Declaration of Acceptance of Office or, if not then received, to decide when it shall be received.

(c) To decide when any Declarations of Acceptance of Office which have not been received as provided by law shall be received.

(d) To elect a Vice-Chairperson.

(e) To appoint any committees.

(11)

At every meeting other than the annual meeting the first business shall be to appoint a Chairperson if the Chairperson or Vice-Chairperson 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 decided when they shall be received.

(12)

In every year, not later than the meeting at which the estimates for the next year are settled, the Council shall review the pay and conditions of existing employees.

(13)

After the first business has been completed, the order of business, unless the Council otherwise decide on the grounds of urgency or expediency, shall be as follows:

(a) Public meeting. This is for the public to air their questions. Following the closure of the public meeting the public will be encouraged to remain in the meeting but not be allowed to enter any discussion held by the Council.

(b) To read and consider the minutes.

(c) After consideration, to approve the signature of the minutes by the person presiding as a true record.

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

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

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

(g) To answer questions.

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

(i) To receive and consider reports from officers of the Council.

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

(k) Any other business specified in the summons.

(14)

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

(a) May be proposed by the Chairperson or by any member and, if proposed by the Chairperson, may be put to the vote without being seconded, and:

(b) shall be put to the vote without discussion.

(15)

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 seven clear days before the next meeting of the Council.

(16)

The Clerk shall insert in the summons for every meeting all notices of motion or recommendations 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/she intends to move at some later meeting or that he/she withdraws it.

(17)

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.

(18)

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

(19)

Resolutions Moved without Notice

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

(a) To appoint a Chairperson to the meeting.

(b) To correct the minutes.

(c) To approve the minutes.

(d) To alter the order of business.

(e)To proceed to the next business.

(f) To close or adjourn a debate.

(g) To refer a matter to a committee.

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

(i) To adopt a report.

(j)To amend a resolution.

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

(l) To extend the time limit for speeches.

(m) To exclude the public.

(n) To silence or eject from the meeting a member named for misconduct.

(o) To invite a member having an interest in the subject matter under debate to remain.

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

(q) To suspend any Standing Order.

(20)

Questions

A member may ask the Chairperson or the Clerk any question concerning the business of the Council, provided notice of the question has been given to the person to whom it is addressed, before the meeting begins.

(21)

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

(23)

Every question shall be put and answered without discussion.

(23)

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

(24)

Rules of debate

No debate shall take place upon the minutes except upon their accuracy. Corrections to the minutes shall be made by resolution and must be initialled by the Chairman.

(25)

A resolution or amendment shall not be discussed.

(a) Unless it has been proposed and, unless proper notice has already been given, it shall, if required by the Chairperson, be reduced to writing and handed to him before it is further discussed or put to the meeting.

(b) A member shall direct his/her speech to the question under discussion or to a question of order.

(c) No speech by a mover of a resolution shall exceed two minutes, and no other speech shall exceed four minutes except by the consent of the Council.

(d) An amendment shall be either:

(i) To leave out words.

(ii) To leave out words and insert or add others.

(iii) To insert or add words.

(e) An amendment shall not have the effect of negating the motion before the Council.

(f) 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 cannot be further heard.

(vi)   That a member named do leave the meeting.

(vii)  That the resolution be referred to a committee.

(viii) To exclude the public and the press.

(ix)   To adjourn the meeting.

(26)

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

(b) Members shall address the Chairperson.

(27)

Disorderly conduct

(a) No member shall at a meeting persistently disregard the ruling of the Chairperson, wilfully obstruct business, or behave irregularly, offensively, improperly or in such a manner as to scandalise the Council or bring it into contempt or ridicule.

(b) If, in the opinion of the Chairperson, a member has broken the provisions of paragraph (a) of this Order, the Chairperson shall express that opinion to the Council and thereafter any member may move that the member named shall no longer be heard or that the member do leave the meeting, and the motion, if seconded, shall be put forthwith, and without discussion.

(c) If either of the motions mentioned in paragraph (b) is disobeyed, the Chairperson may suspend the meeting, or take such further steps as may be reasonably be necessary to enforce them.

(28)

Right of reply

The mover of a resolution shall have the 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.

(29)

Alteration of resolution

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

(30)

Revision of previous resolution

(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 three members of the Council, or a resolution moved in pursuance of the report or recommendation of a committee.

(b) Once/when a special resolution has been disposed of no similar resolution may be raised within a further six months. 

(31)

Expenditure

The Parish Accounts shall be held by the Chairperson and the Clerk shall administer the expenditure on the account.

Orders for the payment of money shall be authorised by the resolution of the Council and a cheque, in the requisite amount payable, signed by two members and dispensed by the Clerk.

Upon adoption of Internet banking, expenditure will be authorised by the resolution of the Council, dispensed by the Clerk via the appropriate digital system, and a record of all transactions shall be placed before the Council at the council meeting following the expenditure for perusal.

(32)

Accounts and Financial Statement

(a) Except as provided in 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 payment before it has been authorised by the Council, such payment shall be certified as to its correctness and urgency by the Responsible Financial Officer. Such payment shall be subsequently authorised by the Council at the next available meeting. 

(33)

The Clerk shall supply to the Council at the ordinary meeting next after the end of the Financial Year a statement of receipts and payments. 

(34)

Estimates

 (a) The Council shall approve written estimates for any up-coming proposed expenditure.

(35)

Interests

The Clerk shall keep copies of Councillor Pecuniary Interest forms available for any member to view at meetings.

(36)

Sealing of documents

(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 may seal, on behalf of the Council, any document required by law to be issued under seal.

(37)

Code of Conduct

The East Kirkby Parish Council Code of Conduct (2024) is a Statutory document which will be complied with as a mandatory document as part of the annual signing of the Declaration of Acceptance of Office of Councillor of East Kirkby Parish Council. The Declaration of Acceptance of Office of Councillor of East Kirkby Parish Council is signed at the Annual Parish Council Meeting, held in May.