Meetings shall not take place in premises which at the time of the meeting are used for the supply of alcohol, unless no other premises are available free of charge or at a reasonable cost. Meetings of the Council shall be held on the second Wednesday of the Month at The Duchy Suite, Royal Cornwall Showground, unless the Council otherwise decides otherwise at a previous meeting.
The minimum three clear days for notice of a meeting does not include the day on which notice was issued, the day of the meeting, a Sunday, a day of the Christmas break, a day of the Easter break or of a bank holiday or a day appointed for public thanksgiving or mourning. The minimum three clear days’ public notice for a meeting does not include the day on which the notice was issued or the day of the meeting unless the meeting is convened at shorter notice.
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.
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. The period of time designated for public participation at a meeting shall not exceed 5 minutes per speaker unless directed by the chairman of the meeting. A person may not orally report or comment about a meeting as it takes place if he is present at the meeting of a parish council or its committees but otherwise may:
a) film, photograph or make an audio recording of a meeting;
b) use any other means for enabling persons not present to see or hear proceedings at a
meeting as it takes place or later;
c) report or comment on the proceedings in writing during or after a meeting or orally report
or comment after the meeting.
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. 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 (if any). 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. 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.
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. 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. 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. If a meeting is or becomes inquorate no business shall be transacted. A meeting shall not exceed a period of 2.5 hours.
2. COMMITTEES & SUB COMMITTEES
Unless the council determines otherwise, a committee may appoint a sub-committee whose terms of reference and members shall be determined by the committee. The members of a committee may include non-councillors unless it is a committee which regulates and controls the finances of the council. Unless the council determines otherwise, all the members of an advisory committee and a sub-committee of the advisory committee may be non-councillors.
3. ORDINARY COUNCIL MEETINGS
In an election year, the annual meeting of the council shall be held on or within 14days following the day on which the new councillors elected take office.
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. If no other time is fixed, the annual meeting of the council shall take place at 6pm.
The first business conducted at the annual meeting of the council shall be the election of the Chairman and Vice-Chairman (if any) of the Council.
The Chairman of the Council, unless he has resigned or becomes disqualified, shall continue in office and preside at the annual meeting until his successor is elected at the next annual meeting of the council.
The Vice-Chairman of the Council, if any, 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.
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.
Following the election of the Chairman of the Council and Vice-Chairman (if any) of the Council at the annual meeting of the council, the business of the annual meeting shall include:
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; Confirmation of the accuracy of the minutes of the last meeting of the council. Review of delegation arrangements to committees, sub-committees and other representations. Appointment of members to existing committees.
4.EXTRAORDINARY COUNCIL MEETINGS
The Chairman of the Council may convene an extraordinary meeting of the council at any time. 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.
5. CODE OF CONDUCT & DISPENSATIONS
Dispensation requests shall be in writing and submitted to the Proper Officer as soon as possible before the meeting, or failing that, at the start of the meeting for which the dispensation is required. A decision as to whether to grant a dispensation shall be made by the Proper Officer and that decision is final.
A dispensation may be granted in accordance with standing order above if having regard to all relevant circumstances the following applies:
a. without the dispensation the number of persons prohibited from participating in the business would be so great a proportion of the meeting transacting the business as to impede
the transaction of the business or
b. granting the dispensation is in the interests of persons living in the council’s area or
c. it is otherwise appropriate to grant a dispensation. STBPC2018 – Reviewed 2020
6. CODE OF CONDUCT & COMPLAINTS
Upon notification by the District or Unitary Council that a councillor or non-councillor with voting rights has breached the council’s code of conduct, the council shall consider what, if any, action to take against him. Such action excludes disqualification or suspension from office.
7. PROPER OFFICER
The Proper Officer shall be the clerk. The Proper Officer shall at least three clear days before a meeting of the council, a committee and a sub-committee serve on councillors, by delivery or post at their residences, a signed summons confirming the time, place and the agenda, 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 (provided that the public notice with agenda of an extraordinary meeting of the council convened by councillors is signed by them); convene a meeting of full council for the election of a new Chairman of the Council, occasioned by a casual vacancy in his office; receive and retain copies of byelaws made by other local authorities.
The clerk shall be the responsible financial officer, the council shall appoint appropriate a substitute to undertake the work of the Responsible Financial Officer when the Responsible Financial Officer is absent.
9. FINANCIAL CONTROLS & PROCUREMENT
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 [£30,000] shall be procured on the basis of a formal tender as summarised in standing order below. 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: a specification for the goods, materials, services or the execution of works shall be drawn up; an invitation to tender shall be drawn up to confirm (i) the council’s specification (ii) the time, date and address for the submission of tenders (iii) the date of the council’s written response to the tender and (iv) the prohibition on prospective contractors contacting councillors or staff to encourage or support their tender outside the prescribed process; the invitation to tender shall be advertised in a local newspaper and in any other manner that is appropriate; tenders are to be submitted in writing in a sealed marked envelope addressed to the Proper Officer; 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;
Where the value of a contract is likely to exceed £30,000 (or other threshold specified by the Office of Government Commerce from time to time) the council must consider whether the Public Contracts Regulations 2006 (SI No. 5, as amended) and the Utilities Contracts Regulations 2006 (SI No. 6, as amended) apply to the contract and, if either of those Regulations apply, the council must comply with EU procurement rules.
9. EXECUTION & SEALING OF LEGAL DEEDS.
A legal deed shall not be executed on behalf of the council unless authorised by a resolution.
Any two councillors may sign, on behalf of the council, any deed required by law and the Proper Officer shall witness their signatures.
10. RESTRICTIONS ON COUNCILLOR ACTIVITIES.
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.
11. STANDING ORDERS GENERALLY.
The Proper Officer shall provide a copy of the council’s standing orders to a councillor as soon as possible after he/she has delivered his acceptance of office form.
These Standing Orders were adopted, RESOLVED and accepted at the St. Breock Parish Council meeting held on 18th May 2018.
They were reviewed & updated and re adopted at the Parish Council Meeting held on 11th November 2020.
STBPC2018 – Reviewed 2020