Standing Orders
Review Date: 15 May 2018 (version vi)
INDEX
1 Parish Council Annual Meeting
2 The Statutory Annual Parish Meeting
3 Ordinary Parish Council Meetings
4 Extra Ordinary Meetings
5 Committees and sub-committees
6 Powers and Duties of the Chairman
7 Order of Business
8 Minutes of Meeting
9 Draft Minutes
10 Public-Press Participation at Meetings
11 Quorum
12 Rules of debate at meetings
13 Motions for a meeting that require written notice to be given to the Proper Officer
14 Motions for a meeting that do not require written notice
15 Previous Resolutions
16 Disorderly Conduct at Meetings
17 Code of Conduct and Dispensations
18 Code of Conduct Complaints
19 Handling of Confidential or Sensitive Information
20 Smoking Policy
21 Proper Officer
22 Responsible Financial Officer - Proper Officer ( See Appendix 2 for further information)
23 Budgets and Precepts
24 Accounts and Accounting Statements
25 Financial Control & Procurement
26 Handling Staff Matters
27 Freedom of Information Act 2000 - Request for Information - GDPR
28 County and District Councillors
29 Standing Orders Generally
Appendix 1 Statutory Annual Parish (Community) Meeting
Appendix 2 Financial Regulations
Appendix 3 Casual Vacancies - Elections of Councillors
Appendix 4 General Data Protection Regulations (GDPR) and Data Protection Bill 25th May 2018
Interpretation
These Standing Orders are based upon the Reviewed and Adopted Standing Orders for Local Councils published by the National Association of Local Councils (NALC) 11/11/2017. In these regulations words importing one gender include all other genders and the singular includes the plural and vice versa.
1 Parish Council Annual General Meeting (Simplified, full details Section 3 below)
a. The Annual Parish Council Meeting must take place between 1st and 31st May each year. At each Annual Parish Council Meeting the first business shall be:-
b. To elect a Chairman of the Council.
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. If required to do so appoint the Responsible Financial Officer and to appoint Committees and Sub-Committees.
2 The Statutory Annual Parish Meeting
a. The rules governing the Annual Parish Meeting (not to be confused with the Parish Council Annual Meeting) shall be in accordance with the requirements of the Local Government Act 1972 and Appendix 1 to these Standing Orders.
3 Ordinary Parish Council Meetings
a. In an election year, the annual meeting of the council shall be held on or within 14 days following the day on which the new councillors elected take office.
b. In a year which is not an election year, the annual meeting of a council shall be held on such day in May as the council may direct.
c. If no other time is fixed, the annual meeting of the council shall take place at 6pm.
d. In addition to the annual meeting of the council, at least five other ordinary meetings shall be held in each year on such dates and times as the council directs.
e. The first business conducted at the annual meeting of the council shall be the election of the Chairman and Vice-Chairman of the Council. The Chairman of the Council remains in office until his successor is elected, even when he has himself not been elected to the new Council. If no candidate is forthcoming at the annual meeting of the Council the Chairman remains in office until the next annual meeting. (Ref: NALC Note LTN 2 April 2018). The Chairman, if present, must preside at the meeting.
f. The Vice-Chairman of the Council, unless he resigns or becomes disqualified, shall hold office until immediately after the election of the Chairman of the Council at the next annual meeting of the Council.
g. In an election year, if the current Chairman of the Council has not been re-elected as a member of the council, he shall preside at the meeting until a successor Chairman of the Council has been elected. The current Chairman of the Council shall not have an original vote in respect of the election of the new Chairman of the Council but must give a casting vote in the case of an equality of votes.
h. In an election year, delivery by the Chairman 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 Chairman of the Council of his acceptance of office form unless the council resolves for this to be done at a later date.
i. Following the election of the Chairman of the Council and Vice-Chairman of the Council at the annual meeting of the council, the business of the annual meeting shall include:
ii. Confirmation of the accuracy of the minutes of the last meeting of the council;
iii. Receipt of the minutes of the last meeting of a committee;
iv. Consideration of the recommendations made by a committee;
v. Review of delegation arrangements to committees, sub-committees, staff and other local authorities;
vi. Review of the terms of reference for committees;
vii. Appointment of members to existing committees;
viii. Appointment of any new committees in accordance with standing order 4 above;
ix. Review and adoption of appropriate standing orders and financial regulations;
x. Review of arrangements, including any charters and agency agreements, with other local authorities and review of contributions made to expenditure incurred by other local authorities;
xi. Review of representation on or work with external bodies and arrangements for reporting back;
xii. In an election year, to make arrangements with a view to the council becoming eligible to exercise the general power of competence in the future;
xiii. Review of inventory of land and assets including buildings and office equipment;
xiv. Confirmation of arrangements for insurance cover in respect of all insured risks;
xv. Review of the council’s and/or staff subscriptions to other bodies;
xvi. Review of the council’s complaints procedure;
xvii. Review of the council’s procedures for handling requests made under the Freedom of Information Act 2000 and the General Data Protection Regulations & Data Protection Bill May 2018;
xviii. Review of the council’s policy for dealing with the press/media; and
xix. Determining the time and place of ordinary meetings of the full council up to and including the next annual meeting of full council.
j. Meetings of the Council shall be held in each year on such dates and times and at such place as the Council may direct, but 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. 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 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 and thereafter follow the procedure set out in the Order of Business.
4 Extra Ordinary Meetings
Extraordinary meetings of the council and committees and sub-committees.
a. The Chairman of the Council may convene an extraordinary meeting of the council at any time.
b. If the Chairman of the Council does not or refuses to call an extraordinary meeting of the council within seven days of having been requested in writing to do so by two councillors, any two councillors may convene an extraordinary meeting of the council. The public notice giving the time, place and agenda for such a meeting must be signed by the two councillors.
c. The chairman of a committee [or a sub-committee] may convene an extraordinary meeting of the committee [or the sub-committee] at any time.
d. If the chairman of a committee [or a sub-committee] does not or refuses to call an extraordinary meeting within 5 days of having been requested by to do so by 3 members of the committee [or the sub-committee], any 3 members of the committee [and the sub-committee] may convene an extraordinary meeting of a committee [and a sub-committee].
5 Committees and sub-committees
a. Unless the council determines otherwise, a committee may appoint a subcommittee whose terms of reference and members shall be determined by the committee.
b. The members of a committee may include non-councillors unless it is a committee which regulates and controls the finances of the council.
c. Unless the council determines otherwise, all the members of an advisory committee and a sub-committee of the advisory committee may be non councillors.
d. The council may appoint standing committees or other committees as may be necessary, and:
i. shall determine their terms of reference;
ii. shall determine the number and time of the ordinary meetings of a standing committee up until the date of the next annual meeting of full council;
iii. shall permit a committee, other than in respect of the ordinary meetings of a committee, to determine the number and time of its meetings;
iv. shall, subject to standing orders 5(b) and (c) above, appoint and determine the terms of office of members of such a committee;
v. may, subject to standing orders 5(b) and (c) above, appoint and determine the terms of office of the substitute members to a committee whose role is to replace the ordinary members at a meeting of a committee if the ordinary members of the committee confirm to the Proper Officer 5 days before the meeting that they are unable to attend;
vi. shall, after it has appointed the members of a standing committee, appoint the chairman of the standing committee;
vii. shall permit a committee other than a standing committee, to appoint its own chairman at the first meeting of the committee;
viii. shall determine the place, notice requirements and quorum for a meeting of a committee and a sub-committee which shall be no less than three;
ix. shall determine if the public may participate at a meeting of a committee;
x. shall determine if the public and press are permitted to attend the meetings of a sub-committee and also the advance public notice requirements, if any, required for the meetings of a sub-committee;
xi. shall determine if the public may participate at a meeting of a sub-committee that they are permitted to attend; and
xii. may dissolve a committee.
6 Powers and Duties of Chairman
Subject to standing orders which indicate otherwise, anything authorised or required to be done by, to or before the Chairman of the Council may in his absence be done by, to or before the Vice-Chairman of the Council.
a. The Chairman, if present, shall preside at a meeting. If the Chairman is absent from a meeting, the Vice-Chairman, if present, shall preside. If both the Chairman and the Vice-Chairman are absent from a meeting, a councillor as chosen by the councillors present at the meeting shall preside at the meeting.
b. Subject to a meeting being quorate, all questions at a meeting shall be decided by a majority of the councillors or councillors with voting rights present and voting.
c. The chairman of a meeting may give an original vote on any matter put to the vote, and in the case of an equality of votes may exercise his casting vote whether or not he gave an original vote.
d. The person presiding at a meeting may exercise all the powers and duties of the Chairman in relation to the conduct of the meeting. The authority of the Chairman as such is limited to matters of procedure and neither increases or decreases his right (in comparison with other Members) to discuss the merits of a particular case.
7 Order of Business
a. The order of business unless the Council otherwise decides shall be as follows:-
i. Any apologies and acceptance of reasons for absence.
ii. Notifications of Disclosures of Pecuniary Interest and Dispensations
iii. To read, consider and approve the signature of the minutes by the presiding person as a correct record of the previous meeting.
iv. To dispose of business, if any, arising from the previous meeting - Proper Officer's report.
iv. Proper Officer - RFO Financial & Accounts Statement.
v. Payments due to be authorised.
vi. To receive and consider reports from Committees.
vii. Planning Matters.
viii To consider and debate resolutions or recommendations in the order in which they have been listed. To deal with business expressly required by statute to be done.
b. The order of business shall be stated on an agenda paper which shall be delivered, either physically or electronically, to each Member at least three clear days before the date of the meeting along with the summons convening the meeting.
c. The agenda for any meeting shall be displayed on the Parish Council noticeboard for at least three days before the meeting, not including the days of issue and the meeting.
8 Minutes of a meeting
a. The minutes of a meeting shall include an accurate record of the following:
i. the time and place of the meeting;
ii. the names of councillors present and absent;
iii. interests that have been declared by Councillors and non-councillors with voting rights; ref Standing Order 17a.
iv. whether a Councillor or non-councillor with voting rights left the meeting when matters that they held interests in were being considered; ref Standing Order 17b.
v. if there was a public participation session; and
vi. the resolutions made.
9 Draft minutes
a. 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.
b. There shall be no discussion about the draft minutes of a preceding meeting except in relation to their accuracy. A motion to correct an inaccuracy in the draft minutes shall be moved in accordance with standing order 14 (a) (i) below.
c. The accuracy of draft minutes, including any amendment(s) made to them, shall be confirmed by resolution and shall be signed by the chairman of the meeting and stand as an accurate record of the meeting to which the minutes relate.
d. If the Chairman of the meeting does not consider the minutes to be an accurate record of the meeting to which they relate, he shall sign the minutes and include a paragraph in the following terms or to the same effect: “The Chairman of this meeting does not believe that the minutes of the meeting of the ( ) held on [date] in respect of ( ) were a correct record but his view was not upheld by the meeting and the minutes are confirmed as an accurate record of the proceedings.”
e. Upon a resolution which confirms the accuracy of the minutes of a meeting, the draft minutes or recordings of the meeting for which approved minutes exist shall be destroyed.
10 Public - Press Participation at Meetings
a. 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.
b. Discussions and Resolutions affecting employees of the Council relating to the appointment, conduct, promotion, dismissal, salary or conditions of service of any person employed by the Council shall not be considered until the Council has decided whether or not the press and public shall be excluded.
c. Members of the public may make representations, answer questions and give evidence at a meeting which they are entitled to attend in respect of the business on the agenda.
d. The period of time designated for public participation at a meeting in accordance with standing order 10 (b) above, shall not exceed 15 minutes unless directed by the Chairman of the meeting.
e. Subject to standing order 10 (b) above, a member of the public shall not speak for more than 3 minutes.
f. In accordance with standing order 10 (b) above, a question shall not require a response at the meeting nor start a debate on the question. The Chairman of the meeting may direct that a written or oral response be given.
g. [A person shall stand when requesting to speak and when speaking (except when a person has a disability or is likely to suffer discomfort)] OR [A person shall raise his hand when requesting to speak and stand when speaking (except when a person has a disability or is likely to suffer discomfort)]. The Chairman of the meeting may at any time permit a person to be seated when speaking.
h. A person who speaks at a meeting shall direct his comments to the Chairman of the meeting.
i. Only one person is permitted to speak at a time. If more than one person wants to speak, the Chairman of the meeting shall direct the order of speaking.
j. Photographing, recording, broadcasting or transmitting the proceedings of a meeting by any means is permitted without the Council’s prior written consent.
k. 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.
l. Any statement to the press/media will only be issued on the authorisation of the Council at one of its meetings. Members shall not in their official capacity provide oral or written statements or written articles to the press/media.
11 Quorum
Three Members shall constitute a quorum. If a quorum is not present when the Council meets or if during a meeting the number of Councillors, for whatever reason, 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 Chairman may decide.
12. Rules of debate at meetings
a. Motions on the agenda shall be considered in the order that they appear unless the order is changed at the discretion of the Chairman of the meeting.
b. A motion (including an amendment) shall not be progressed unless it has been moved and seconded.
c. A motion on the agenda that is not moved by its proposer may be treated by the Chairman of the meeting as withdrawn.
d. If a motion (including an amendment) has been seconded, it may be withdrawn by the proposer only with the consent of the seconder and the meeting.
e. An amendment is a proposal to remove or add words to a motion. It shall not negate the motion.
f. If an amendment to the original motion is carried, the original motion becomes the substantive motion upon which further amendment(s) may be moved.
g. An amendment shall not be considered unless early verbal notice of it is given at the meeting and, if requested by the Chairman of the meeting, is expressed in writing to the Chairman.
h. A councillor may move an amendment to his own motion if agreed by the meeting. If a motion has already been seconded, the amendment shall be with the consent of the seconder and the meeting.
i. If there is more than one amendment to an original or substantive motion, the amendments shall be moved in the order directed by the chairman.
j. Subject to standing order 12 (k) below, only one amendment shall be moved and debated at a time, the order of which shall be directed by the chairman of the meeting.
k. One or more amendments may be discussed together if the chairman of the meeting considers this expedient but each amendment shall be voted upon separately.
l. A councillor may not move more than one amendment to an original or substantive motion.
m. The mover of an amendment has no right of reply at the end of debate on it.
n. Where a series of amendments to an original motion are carried, the mover of the original motion shall have a right of reply either at the end of debate of the first amendment or at the very end of debate on the final substantive motion immediately before it is put to the vote.
o. Unless permitted by the chairman of the meeting, a councillor may speak once in the debate on a motion except:
i. to speak on an amendment moved by another councillor;
ii. to move or speak on another amendment if the motion has been amended since he last spoke; iii. to make a point of order;
iv. to give a personal explanation; or
v. in exercise of a right of reply.
p. During the debate of a motion, a councillor may interrupt only on a point of order or a personal explanation and the councillor who was interrupted shall stop speaking. A councillor raising a point of order shall identify the standing order which he considers has been breached or specify the other irregularity in the proceedings of the meeting he is concerned by.
q. A point of order shall be decided by the chairman of the meeting and his decision shall be final.
r. When a motion is under debate, no other motion shall be moved except:
i. to amend the motion;
ii. to proceed to the next business;
iii. to adjourn the debate;
iv. to put the motion to a vote;
v. to ask a person to be no longer heard or to leave the meeting;
vi. to refer a motion to a committee or sub-committee for consideration;
vii. to exclude the public and press;
viii. to adjourn the meeting; or
ix. to suspend particular standing order(s) excepting those which reflect mandatory statutory requirements.
s. Before an original or substantive motion is put to the vote, the chairman of the meeting shall be satisfied that the motion has been sufficiently debated and that the mover of the motion under debate has exercised or waived his right of reply.
t. Excluding motions moved under standing order 12 (r) above, the contributions or speeches by a councillor shall relate only to the motion under discussion and shall not exceed 3 minutes without the consent of the chairman of the meeting.
u. 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 vote for or against that question. Such a request shall be made before moving on to the next item of business on the agenda.
v. 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. The person presiding must give a casting vote whenever there is an equality of votes in an election for Chairman.
13 Motions for a meeting that require written notice to be given to the Proper Officer
a. Except as provided by these Standing Orders, no motion may be moved unless the business to which it relates has been included on the agenda by the Clerk.
b. Members may put an item on the agenda by giving the Clerk written notice of the motion at least seven clear days before the next meeting of the Council. Clear days do not include the day of the notice of the meeting. Clear days are week days and exclude weekends and Public Holidays.
c. A motion shall relate to the responsibilities of the meeting which it is tabled for and in any event shall relate to the performance of the council’s statutory functions, powers and obligations or an issue which specifically affects the council’s area or its residents.
14 Motions at a meeting that do not require written notice
a. Motions may be moved without notice on procedural matters, or to vary the order of business on the grounds of urgency. Such resolutions shall be put to the vote without discussion.
b. The following motions may be moved at a meeting without written notice to the Proper Officer;
i. to correct an inaccuracy in the draft minutes of a meeting;
ii. to move to a vote;
iii. to defer consideration of a motion;
iv. to refer a motion to a particular committee or sub-committee;
v. to appoint a person to preside at a meeting;
vi. to change the order of business on the agenda;
vii. to proceed to the next business on the agenda;
viii. to require a written report;
ix. to appoint a committee or sub-committee and their members;
x. to extend the time limits for speaking;
xi. to exclude the press and public from a meeting in respect of confidential or sensitive information which is prejudicial to the public interest;
xii. to not hear further from a councillor or a member of the public;
xiii. to exclude a councillor or member of the public for disorderly conduct;
xiv. to temporarily suspend the meeting;
xv. to suspend a particular standing order (unless it reflects mandatory statutory requirements);
xvi. to adjourn the meeting; or
xvii. to close a meeting.
15 Previous resolutions
a. A resolution shall not be reversed within six months except either by a special motion, which requires written notice by at least 5 councillors to be given to the Proper Officer in accordance with standing order 13 (a) (b) above, or by a motion moved in pursuance of the recommendation of a committee or a sub-committee.
b. When a motion moved pursuant to standing order 15 (a) above has been disposed of, no similar motion may be moved within a further six months.
16 Disorderly conduct at meetings
a. No person shall obstruct the transaction of business at a meeting or behave offensively or improperly. If this standing order is ignored, the chairman of the meeting shall request such person(s) to moderate or improve their conduct.
b. If person(s) disregard the request of the chairman of the meeting to moderate or improve their conduct, any councillor or the chairman of the meeting may move that the person be no longer heard or excluded from the meeting. The motion, if seconded, shall be put to the vote without discussion.
c. If a resolution made under standing order 16 (b) above is ignored, the chairman of the meeting may take further reasonable steps to restore order or to progress the meeting.
This may include temporarily suspending or closing the meeting.
17 Code of conduct and dispensations
a. 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 right to participate and vote on that matter.
b. Councillors must notify the Clerk of any disclosable interests (pecuniary or otherwise) and if any, these are required to be noted in the minutes of the meeting. Councillors may not take part in the discussion or vote on any motion associated with the matter in hand. Standing Order 8 (a) iii & 8 (a) iv
c. All councillors and non-councillors with voting rights shall observe the code of conduct adopted by the council.
b. Unless he 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 has a disclosable pecuniary interest. He may return to the meeting after it has considered the matter in which he had the interest.
d. 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.
e. A decision as to whether to grant a dispensation shall be made [by the Proper Officer] OR [by a meeting of the Council, or committee or sub-committee for which the dispensation is required] and that decision is final.
f. A dispensation request shall confirm:
i. the description and the nature of the disclosable pecuniary interest or other interest to which the request for the dispensation relates;
ii. whether the dispensation is required to participate at a meeting in a discussion only or a discussion and a vote;
iii. the date of the meeting or the period (not exceeding four years) for which the dispensation is sought; and
iv. an explanation as to why the dispensation is sought.
g. Subject to standing orders 17 (d) and (f) above, dispensations requests 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 a sub-committee for which the dispensation is required].
h. A dispensation may be granted in accordance with standing order 17 (e) above if having regard to all relevant circumstances the following applies:
i. without the dispensation the number of persons prohibited from participating in the particular business would be so great a proportion of the meeting transacting the business as to impede the transaction of the business or;
ii. granting the dispensation is in the interests of persons living in the council’s area or;
iii. it is otherwise appropriate to grant a dispensation.
j. Unless authorised by a resolution, no councillor shall;
i. inspect any land and/or premises which the council has a right or duty to inspect; or
ii. issue orders, instructions or directions.
18 Code of conduct complaints
a. Upon notification by East Lindsey District Council that it is dealing with a complaint that a Councillor or non-councillor with voting rights has breached the council’s code of conduct, the Proper Officer shall, report this to Baumber Parish Council.
b. Where the notification in standing order 18 (a) above relates to a complaint made by the Proper Officer, the Proper Officer shall notify the Chairman of Council of this fact, and the Chairman shall nominate another staff member to assume the duties of the Proper Officer in relation to the complaint until it has been determined and the Council has agreed what action, if any, to take in accordance with standing order 18 (d) below.
c. The Council may:
i. provide information or evidence where such disclosure is necessary to progress an investigation of the complaint or is required by law;
ii. seek information relevant to the complaint from the person or body with statutory responsibility for investigation of the matter;
d. Upon notification by East Lindsey District 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.
19 Handling confidential or sensitive information (General Data Protection Regulations)
a. The agenda, papers that support the agenda and the minutes of a meeting shall not disclose or otherwise undermine confidential or sensitive information which for special reasons would not be in the public interest.
b. Councillors and staff shall not disclose confidential or sensitive information which for special reasons would not be in the public interest.
c. No Councillor shall disclose to any person not a Member of the Council any business declared to be confidential by the Council. Any Councillor in breach of the provisions of this Order shall be removed from any Committee or Sub-Committee of the Council by the Council.
d. Proper Officer and Councillors shall comply with General Data Protection Regulations 25-May 2018. See Appendix 4 for further details.
20 Smoking Policy
a. No Smoking shall be permitted at meetings
21 PROPER OFFICER
a. 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.
b. The Proper Officer shall:
i. At least three clear days before a meeting of the council, a committee and a subcommittee serve on councillors a summons, by email, confirming the time, place and the agenda provided any such email contains the electronic signature and title of the Proper Officer. See standing order 7(b) above for the meaning of clear days for a meeting of a full council and standing order 3 (b) above for a meeting of a committee.
ii. give public notice of the time, place and agenda at least three clear days before a meeting of the council or a meeting of a committee or a subcommittee (provided that the public notice with agenda of an extraordinary meeting of the council convened by councillors is signed by them); See standing order 7(b) above for the meaning of clear days for a meeting of a full council and standing order 7(b) above for a meeting of a committee.
iii. subject to standing order 7 (a) above, include on the agenda all motions in the order received unless a councillor has given written notice at least 5 days before the meeting confirming his withdrawal of it;
iv. convene a meeting of full council for the election of a new Chairman of the Council, occasioned by a casual vacancy in his office;
v. facilitate inspection of the minute book by local government electors;
vi. receive and retain copies of byelaws made by other local authorities;
vii. retain acceptance of office forms from councillors;
viii. retain a copy of every councillor’s register of interests;
ix. assist with responding to requests made under the Freedom of Information Act 2000 and General Data Protection Regulations (GDPR) and Data Protection Bill 25th May 2018, in accordance with and subject to the council’s policies and procedures relating to the same;
x. receive and send general correspondence and notices on behalf of the council except where there is a resolution to the contrary;
xi. manage the organisation, storage of, access to and destruction of information held by the council in paper and electronic form;
xii. arrange or manage the prompt authorisation, approval, and instruction regarding any payments to be made by the council in accordance with the council’s financial regulations;
xiii. record every planning application notified to the council and the council’s response to the local planning authority in a file for such purpose;
xiv. refer a planning application received by the council to the Chairman (and if and when convened the Leader of the Planning Sub Committee within two working days of receipt to facilitate an extraordinary meeting if the nature of a planning application requires consideration before the next ordinary meeting of Baumber Parish Council)
xv. manage access to information about the council via Parish Council's web site and if relevant on appropriate social media
22 Responsible Financial Officer - Proper Officer ( See Appendix 2 for further information).
a. The council shall appoint appropriate staff member(s) to undertake the work of the Responsible Financial Officer when the Responsible Financial Officer is absent.
23 Budgets and Precepts
a. The Council shall approve budgets prepared and submitted by the Responsible Financial Officer for the next financial year at its meeting before the end of January.
24 Accounts and Accounting Statements
a. “Proper practices” in standing orders refer to the most recent version of [Governance and Accountability for Local Councils – a Practitioners’ Guide (England)
b. All payments by the council shall be authorised, approved and paid in accordance with the law, proper practices and the council’s financial regulations.
c. The Responsible Financial Officer shall supply to each councillor as soon as practicable after 30 June, 30 September and 31 December in each year a statement to summarise:
i. the council’s receipts and payments for each quarter;
ii. the council’s aggregate receipts and payments for the year to date;
iii. the balances held at the end of the quarter being reported and which includes a comparison with the budget for the financial year and highlights any actual or potential overspends.
d. As soon as possible after the financial year end at 31 March, the Responsible Financial Officer shall provide:
i. each councillor with a statement summarising the council’s receipts and payments for the last quarter and the year to date for information; and
ii. to the full council the accounting statements for the year in the form of Section 1 of the annual return, as required by proper practices, for consideration and approval.
e. The year end accounting statements shall be prepared in accordance with proper practices and applying the form of accounts determined by the council (receipts and payments, or income and expenditure) for a year to 31 March. A completed draft annual return shall be presented to each councillor before the end of the following month of May. The annual return of the council, which is subject to external audit, including the annual governance statement, shall be presented to council for consideration and formal approval before 30 June.
25 Financial controls and procurement
a. The council shall consider and approve financial regulations drawn up by the Responsible Financial Officer, which shall include detailed arrangements in respect of the following:
i. the keeping of accounting records and systems of internal controls;
ii. the assessment and management of financial risks faced by the council;
iii. the work of the independent internal auditor in accordance with proper practices and the receipt of regular reports from the internal auditor, which shall be required at least annually;
iv. the inspection and copying by councillors and local electors of the council’s accounts and/or orders of payments;
b. Financial regulations shall be reviewed regularly and at least annually for fitness of purpose.
c. Financial regulations shall confirm that a proposed contract for the supply of goods, materials, services and the execution of works with an estimated value in excess of £5,000 shall be procured on the basis of a formal tender as summarised in standing order 25 (d) below.
d. Subject to additional requirements in the financial regulations of the council, the tender process for contracts for the supply of goods, materials, services or the execution of works shall include, as a minimum, the following steps:
i. a specification for the goods, materials, services or the execution of works shall be drawn up;
ii. an invitation to tender shall be drawn up to confirm
iii. the council’s specification the time, date and address for the submission of tenders
iv. the date of the council’s written response to the tender and
v. the prohibition on prospective contractors contacting councillors or staff to encourage or support their tender outside the prescribed process;
vi. the invitation to tender shall be advertised in a local newspaper and in any other manner that is appropriate;
vii. tenders are to be submitted in writing in a sealed marked envelope addressed to the Proper Officer;
viii. tenders shall be opened by the Proper Officer in the presence of at least one councillor after the deadline for submission of tenders has passed;
ix. tenders are to be reported to and considered by the appropriate meeting of the council or a committee or sub-committee with delegated responsibility.
e. Neither the council, nor a committee or a sub-committee with delegated responsibility for considering tenders, is bound to accept the lowest value tender.
26 Handling staff matters
a. All matters personal to a member of staff that is being considered by a meeting of the council is subject to Confidentiality and GDPR, in addition to standing orders 10 (a) & (b) and standing orders 19 (a), (b) & (c).
b. Subject to the council’s policy regarding absences from work, the council’s most senior member of staff shall notify the chairman if he is not available, the vice chairman of absence occasioned by illness or other reason and that person shall report such absence to Council at its next meeting.
c. The chairman of Council or in his absence, the vice-chairman shall upon a resolution conduct a review of the performance and annual appraisal of the work of Clerk/RFO. The reviews and appraisal shall be reported in writing and is subject to approval by resolution by Council.
d. Subject to the council’s policy regarding the handling of grievance matters, the council’s most senior employee shall contact the chairman of Council or in his absence, the vice-chairman in respect of an informal or formal grievance matter, and this matter shall be reported back and progressed by resolution of Council.
e. Subject to the Council’s policy regarding the handling of grievance matters, if an informal or formal grievance matter raised by Clerk/RFO relates to the chairman or vice-chairman of the Council this shall be communicated to another member of the Council, which shall be reported back and progressed by resolution of the Council.
f. Any persons responsible for all or part of the management of staff shall treat the written records of all meetings relating to their performance, capabilities, grievance or disciplinary matters as confidential and secure.
g. The council shall keep all written records relating to employees secure. All paper records shall be secured and locked and electronic records shall be password protected and encrypted.
h. Only persons with line management responsibilities shall have access to staff records referred to in standing orders 26 (f) and (g) above if so justified.
i. Access and means of access by keys and/or computer passwords to records of employment referred to in standing orders 26 (f) and (g) above shall be provided only to Clerk/RFO and the Leader of the website sub-committee, (if any).
27 Freedom of Information Act 2000 Requests for Information -GPDR
a. Requests for information held by the council shall be handled in accordance with the council’s policy in respect of handling requests under the Freedom of Information Act 2000 and the General Data Protection Regulations (GDPR) and Data Protection Bill 25th May 2018.
b. Correspondence from, and notices served by, the Information Commissioner shall be referred by the Proper Officer to the chairman of the Council. The said committee shall have the power to do anything to facilitate compliance with the Freedom of Information Act 2000.
28 County and District Councillors
County and District Councillors who are not also Parish Councillors shall be invited to attend meetings and be sent copies of agendas, minutes and other relevant documents. They may be allowed to speak at the discretion of the Chairman.
29 Standing orders generally
a. All or part of a standing order, except one that incorporates mandatory statutory requirements, may be suspended by resolution in relation to the consideration of an item on the agenda for a meeting.
b. A motion to add to or vary or revoke one or more of the council’s standing orders, except one that incorporates mandatory statutory requirements, shall be proposed by a special motion, the written notice by at least 6 councillors to be given to the Proper Officer in accordance with standing order 13 above.
c. The Proper Officer shall provide a copy of the council’s standing orders to a councillor as soon as possible after he has delivered his Declaration of Acceptance of Office form.
d. The decision of the chairman of a meeting as to the application of standing orders at the meeting shall be final.
Appendix 1
The Statutory Annual Parish (Community) Meeting
1 Date and Time of Meeting
The Annual Parish Meeting shall be held between 1st March and 1st June inclusive and shall not commence before 6.30pm.
2 Election of Chairman
The Meeting comprises the Local Government electors registered for voting in Baumber. If the Chairman of the Parish Council is present he must preside over the meeting or in his absence the Vice-Chairman must preside. If both are absent the meeting must elect someone else to preside.
3 Right to Convene
A Parish Meeting may be convened by the Chairman of the Parish Council or any two Parish Councillors, or by six electors of Baumber.
4 Notices and Agendas
Notice specifying the time, place and business of an intended meeting must be given. The notice must be displayed on the village noticeboard and may be advertised publicly in Baumber village news, Baumber Parish Council's web site or on appropriate social media. Normally the minimum notice required is seven days, Or fourteen days if any of the business relates to the establishment of a Parish Council, or grouping with another Parish.
5 Quorum
The quorum for a Parish Meeting is two, or three if a document has to be signed.
6 Decisions
Decisions are taken in the first instance by a majority of those present and voting. The Chairman will ascertain the effect of voting and will have a casting vote as well as an original vote. Unless a poll is demanded before the end of the Meeting the Chairman’s declaration of the result is final.
A poll can only be demanded if ten or one third of the electors present insist or the Chairman consents. The wording on the poll must be agreed before the end of the Meeting. The Chairman must notify ELDC if a poll is to be held and the poll is held in accordance with the rules applied to the election of local Councillors.
7 Places of Meeting
The Parish Meeting has the same rights as the Parish Council, save that it may not meet in a church or vestry.
8 Minutes
Someone should be elected to take minutes of the meeting. The rules on the signature and admissibility of the minutes are the same as for the Parish Council.
9 Relationship between the Parish Meeting and the Parish Council
Parish Meeting resolutions differ considerably in their legal consequences. In a few cases a resolution is legally binding (Provision of allotments or Dissolution of the Village Hall Trust) In all other cases resolutions are persuasive only and the Parish Council may legally disregard them.
10 Expenses
The Parish Council must meet the cost of the Parish Meeting.
Appendix 2
Financial Regulations
Accounting Records
Section 151 of the Local Government Act 1972 requires that the maintenance of the Council’s accounts, preparing budgets and financial reports is the responsibility of a Council nominated Responsible Finance Officer (RFO). Such nomination does not mean that Members do not then have no responsibility for the financial health of the Council but continue to be accountable for ensuring that the Council does not live beyond its means. The RFO has the duty of designing and implementing the accounting arrangements that will assure Members that well planned and organised financial records are in place.
1 Cash Book
A simple computerised cash book system of accounting is used to organise, track and manage the Council’s finances. The cash book will;
a) Have sufficient columns to accurately detail the income and expenditure of the Council.
b) Show input VAT that can be reclaimed.
c) Show Local Government Act 1972 Section 137 payments in a separate column,
d) Show any automatic payments, bank fees or other items appearing on the bank statement.
e) Reconcile with the bank statement at the end of each month/year.
2 Income and Expenditure Statement
At the end of the Council’s financial year a statement of income and expenditure must be produced, showing;
a) The detailed income and expenditure for the year and the previous financial year and any surplus or deficit for the year.
b) A balance sheet for the same accounting periods.
3 Asset Register
The asset register shall record;
a) Date of acquisition, upgrade and disposal
b) Cost of acquisition
c) Useful life estimate
d) Location
e) Estimate of current value
4 Accounts for Payment
a) To ensure competitive purchasing of goods and services, unless otherwise agreed by the Council, for all purchases of value greater than £300, three estimates shall be obtained from suppliers competent to make the supply. Sealed tender offers will be required for purchases above £5000. The Council is not bound to accept the lowest tender offered but must consider the technical, quality and delivery aspects before recommending approval to purchase.
b) As far as possible a fully priced official order should be sent to suppliers in advance of delivery of goods.
c) On receipt of invoices it should be verified that the goods and services have been supplied and are of the agreed quality. Invoices should be checked for arithmetic correctness and that everything is acceptable regarding reclaiming VAT. Where the invoice is in excess of £100 it should be presented at the next Council meeting to be ratified for payment.
d) Payment of approved invoices may be made by cheque or direct bank transfer. For all bank transfers above £100 and all cheque payments, two authorised signatures will be required. (In the case of bank transfers this will be on an ‘Authorisation to make a Direct Bank Payment’ form.)
e) For bank transfers over £100 the authorisation mandate and a confirmation print out of the transfer shall be pinned to the invoice.
f) For payments below £100 the RFO is authorised to make payments without waiting until the next meeting for Council approval.
g) The RFO’s financial report shall include all payments made/to be made.
5 Payment of Expenses
a) Any expenses incurred in respect of Council business shall be submitted on an ‘Expense Claim’ form (obtained from the RFO) and be supported where applicable by receipts. VAT content shall be detailed on the Expenses Claim form.
b) Payment of expenses will follow the rules detailed in the Accounts For Payment section above.
6 Payroll
Remunerations payable to the Proper Officer -RFO must be in accordance with the Contract of Employment agreed between the Council and the employee on appointment and paid in compliance with HMRC rules and regulations as an employee of the Council. The Council is also required to comply with the Annual National Salary Pay scale rates set for Clerks and other employees by The Joint National Council for Local Government Services (JNC). The Proper Officer is responsible for ensuring that the Council complies with HMRC PAYE regulations and submitting Employer Returns and any Income Tax or pension deductions as required by HMRC.
7 Receipts
a) All cash and cheques should be entered in the cash book on the date of receipt and banked promptly.
b) Where any person acting on behalf of the Council receives money on behalf of the Council they must ensure that this money is given to the RFO for banking.
8 Insurance
a) All insurance cover should be kept under constant review ensuring that it adequately reflects changes in circumstances.
b) At renewal each policy should be reviewed and consideration given to seeking competitive quotations for a new policy, provided these meet the needs and requirements of the Council
9 Budgets and Financial Reporting
a) The RFO shall prepare an annual budget based on past and projected expenditure to enable the Council to set Precept and make spending commitments in accordance with plans approved by the Council. The annual budget shall be put before Members at the January meeting to enable the precept level to be set.
b) The RFO shall monitor expenditure against budget as the year progresses.
c) At each Council meeting the RFO will present a report on the current status of the accounts including details of expenditure against budget.
10 External Audit Annual Return
a) The Council shall appoint a competent person to carry out internal auditing of the end of year accounts.
b) The Internal Auditor shall review the financial controls and procedures operated by the Council to prevent fraud.
c) The Annual Return shall be prepared on a Receipts and Payments basis taking figures from the summary totals in the cash book. The Annual Return will then be presented to the Council for approval and signature by the RFO and Chairman.
Appendix 3
Casual Vacancies Councillors - Elections
a. Immediately upon the declaration of a Casual Vacancy following the the resignation of a Parish Councillor for whatever reason, the Proper Officer (PO) must advise the Election Officer (EO) at East Lindsey District Council (ELDC) and post a notice on the notice board in the election area advising of the vacancy and stating the right to have and election called for. The notices are to be provided by ELDC. By the 15th working day Excluding Saturdays, Sundays, bank holidays, Easter and any public day of thanksgiving or mourning, counting the day of posting the notice as day one, the Returning Officer (RO) will contact the P O to advise whether an election has been properly called by 10 electors of Baumber Parish or that the vacancy may be filled by co-option, to be confirmed by the RO by 1st class post within 3 working days.
b. If there is to be an election, all necessary action will be undertaken by the RO who should within 3 working days following the election, advise the PO in writing.
c. In the event that the PO has been informed that an election has not been called and the period of vacancy has six months or more to run, the PO will post a notice seeking candidates for co-option on the notice board. The PO is also required to circulate a notice to each household in Baumber to publicise the vacancy or vacancies.
d. The Parish Council must consider co-option to fill the Casual Vacancy at its next meeting, or the following meeting if the next meeting is within 14 days from the date of the notice. The PO must report all of the names of the candidates to the Council at the meeting which has the co-options on the agenda. Candidates must meet the relevant qualification criteria to stand for co-option, just as they have to for election.
e. If there is more than one vacancy each vacancy must be dealt with separately at the meeting.
f. Where there is only one candidate, the candidate must be proposed, seconded and a vote taken to resolve they become a member of the Council.
g. If there is more than one candidate, the Council must vote by a show of hands. The PO should oversee the counting of the votes.
h. Voting must be carried out by successive counts to eliminate the least successful candidate until the successful candidate has an absolute majority of those present and voting.
I. The candidate receiving the absolute majority in the final vote must be proposed, seconded and a vote taken to resolve they become a councillor. The successful candidate becomes a member of the Council upon signing the Declaration of Acceptance of Office. The Declaration of Acceptance of Office must be signed in the case of a councillor, before or at the first meeting of the council after his election, unless the Council resolve that the Declaration is to be signed at a later meeting.
Appendix 4
General Data Protection Regulations (GDPR) and Data Protection Bill 25th May 2018
Policies and Procedure
1. In compliancy with the Council's Statutory duty under the above Legislation the Council must;
a) Maintain registration with the Information Commissioner Officer (ICO) and pay the annual registration fee set for each financial year. For ease of monitoring this fee is to be paid by Direct Debit.
b) The Council must have the following numbered policy documents and procedures in place which are subject to annual review. (Refer to each of these policy and procedure documents for full details).
i. Data Breach Policy.
ii. Data Protection documents and data procedure map-spread sheet.
iii. GDPR Records Retention Policy.
iv. GDPR Security Compliance Checklist for completion by all councillors.
v. Subject Access Request Procedure.