Ashford.gov.uk - Part 4 - Rules Of Procedure

Part 4 - Rules Of Procedure

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General Procedure Rules

1. Definition and Description

(a) In these Procedure Rules, unless the contrary intention appears, the following expressions will mean:

“The Act” means the Local Government Act 1972.
“Clear Day(s)” excludes Saturdays and Sundays, Bank and Statutory Holidays, the day on which notice is given or the petition is presented and the day of the meeting.
“Committee” means any group of Members set up by the Council or the Executive.
“Sub-Committee” means any group of Members set up by the Council, the Executive or a Committee.

(b) Words importing the masculine gender will include females.

2. Order of Seniority of Members

Members of the Council will rank in the following order of Seniority at Civic functions.

The Mayor
The Deputy Mayor
The Leader; and
Councillors, according to their date of election (those elected at the same time ranking according to alphabetical order.

If a person after ceasing to be a Member of the Council is subsequently re-elected within four years, his seniority will be determined by the total length of his service as a Member of the Council.

3. Records of Proceedings/Photographs

(a) No-one will take photographs of any proceedings of any meetings of the Authority occurring after the public have been excluded in accordance with the provisions of Section 100(A) of the Act or use any means to enable persons not present to see or hear any such proceedings (whether at the time or later), nor make any oral report on such proceedings as they take place.

(b) No-one will film, photograph or record any of the public proceedings of any meeting of the Authority unless a request to do so has been received by the Proper Officer who will determine the request in conjunction with the Chairman of the meeting concerned.

Contents

1. Annual Meeting Of The Council

1.1 Timing and Business

In a year when there is an ordinary election of Councillors, the Annual Meeting will take place within 21 days of the retirement of the outgoing Councillors. In any other year, the Annual Meeting will take place in March, April or May.

The Annual Meeting will:

(i) Elect a person to preside if the Mayor or Deputy Mayor is not present;

(ii) Elect the Mayor;

NB: 1. The outgoing Mayor continues in that post until a successor is elected. If the Mayor is to continue as a Member of the Council following the Annual Meeting, s/he may vote in the election for a successor but if there is an equality of votes, must exercise a casting vote to break a tie. If the Mayor is not to continue as a Member of the Council after the Annual Meeting but is present to preside over the election of a successor, he cannot vote in the election, but if there is an equality of votes, he must give a casting vote to break the tie. (Section 4(5) of the Local Government Act 1972).

2. If the outgoing Mayor is not present at the Annual Meeting, the Deputy Mayor will preside. The same rules which apply to the Mayor, with regard to voting in the election of the new Mayor, apply. If neither Mayor or Deputy Mayor is present, the Council will elect a Chairman to preside over the meeting, whilst the new Mayor is elected. Such a Member may exercise an initial and second or casting vote.

3. A candidate for election to the Office of Mayor cannot preside over the election of the Mayor.

(iii) Elect the Deputy Mayor;

(iv) Approve and sign the minutes of the last meeting;

(v) Receive any announcements from the Mayor;

(vi) Elect the Leader;

(vii) Agree the number of Members to be appointed to the Executive and appoint Members to the Executive;

(viii) Appoint a Deputy Leader from those Members appointed to the Executive;

(ix) Appoint at least one Overview and Scrutiny Committee, a Standards Committee and such other committees as the Council considers appropriate to deal with matters which are neither reserved to the Council nor are Executive functions (as set out in Part 3, of this Constitution) and appoint a Chairman and Vice Chairman for each;

(x) Agree the scheme of delegation or such part of it as the Constitution determines it is for the Council to agree (as set out in Part 3 of this Constitution);

(xi) Approve a programme of ordinary meetings of the Council for the year; and

(xii) Consider any business set out in the notice convening the meeting.

1.2 Selection of Councillors on Committees and Outside Bodies

At the Annual Meeting, the Council meeting will:

(i) Decide which Committees to establish for the municipal year;

NB: Details of the Committees, Sub-Committees, Groups and Forums to be constituted and the procedure for recommending their composition etc. are contained in Procedural Decisions relating to Committees etc. as set out in Appendix (iii) to these Procedure Rules.

(ii) Decide the size and terms of reference for those Committees;

(iii) Decide the allocation of seats and the scheme of substitutes to political groups in accordance with the political balance rules;

NB: The procedure to be followed by the Council, Groups and individual Members is contained in the Guidance Note relating to Political Balance on Committees as set out in Appendix (ii) to these Procedure Rules.

(iv) Receive the names of Councillors appointed to seats available to Groups from Group Leaders in accordance with the political balance requirements and the names of Councillors to serve on each Committee and Outside Bodies; and

NB: The Procedure to be followed by the Council and Groups is contained in Procedural Decisions Relating to Committees etc. as set out in Appendix (iii) to the Procedure Rules.

(v) Appoint Members to those Committees and Outside Bodies except where appointment to those bodies has been delegated by the Council or is

exercisable only by the Executive.

2. Ordinary Meetings

Ordinary meetings of the Council will take place in accordance with a programme decided at the Council’s Annual Meeting. Ordinary meetings will:

(i) Elect a person to preside if the Mayor and Deputy Mayor are not present;

(ii) To deal with any items required by statute to be done before any other item.

(iii) Consider whether any items should be dealt with in private because of the likely disclosure of exempt or confidential information;

(iv) Receive any declarations of interest from Members;

(v) Approve and sign the minutes of the last meeting;

(vi) Receive any announcements from the Mayor, Leader or Members of the Executive;

(vii) Receive any petitions;

(viii) Receive questions from, and provide answers to, the public in relation to matters which in the opinion of the person presiding at the meeting are relevant to the business of the meeting;

(ix) Deal with any business from the last Council meeting;

(x) Receive reports from the Executive and the Council’s Committees and receive questions and answers on any of those reports:

The following will receive and respond to questions from Members of the Council in order:

The Leader;
Executive Portfolio Holders;
Chairmen of Overview and Scrutiny Committees; and
Chairmen of other Committees;

(xi) Receive reports about and receive questions and answers on the business of Joint Arrangements and external organisations;

(xii) Consider motions in the order in which notice has been received;

(xiii) Consider any other business specified in the summons to the meeting, including consideration of proposals from the Executive in relation to the Council’s budget and policy framework and reports of the Overview and Scrutiny Committees or Officers for debate;

3. Extraordinary Meetings

3.1 Calling Extraordinary Meetings

Those listed below may request the Proper Officer to call Council meetings in addition to ordinary meetings:

(i) The Council by resolution;

(ii) The Mayor

(iii) The Monitoring Officer; and

(iv) Any five Members of the Council if they have signed a requisition presented to the Mayor and s/he has refused to call a meeting or has failed to call a meeting within seven days of the presentation of the requisition. The purpose of the request to be specified.

3.2 Business

No business other than that specified in the summons to the meeting may be considered. It is not a requirement that the Minutes of the previous meeting are approved at such a meeting. There may be a presentation of petitions and/or a question and answer session but all petitions or questions must relate to the matter or matters to be discussed at the meeting.

3.3 Procedural Decisions Not Contained Within These Council Procedure Rules

The decisions and/or procedures set out in Appendices (i), (ii), (iii) and (iv) to these procedure rules being decisions taken by or on behalf of the Council will be followed as if they were included within the Council’s Procedural Rules.

4. Special Meetings

4.1 Purpose

The Council may promote a local or personal Bill in Parliament or may oppose any local or personal Bill.

4.2 Procedure

The resolution of the Council to promote or oppose a Bill shall be:

(a) passed by a majority of the whole number of the Members of the authority at the meeting convened to consider it.

(b) in the case of the promotion of a Bill, the proposal has to be confirmed (by a like majority) at a further meeting convened to consider it, as soon as may be after the expiration of 14 days after the Bill has been deposited in Parliament.

If the resolution is not confirmed, all reasonable steps shall be taken to withdraw the Bill.

4.3 Timings

(a) In the case of the promotion of a Bill (initial and Second Readings) the period of notice is 30 clear days.

(b) In the case of the opposition of a Bill the period of notice is ten clear days.

4.4 Publicity

Notice of the meeting and of its purpose has to be given by advertisement in one or more local newspapers circulating in the Borough. This notice is additional to the ordinary notice of a meeting.

5. Time And Place Of Meetings

The time and place of meetings will be determined by the Proper Officer and notified in the summons.

6. Notice Of And Summons To Meetings

The Proper Officer will give notice to the public of the time and place of any meeting in accordance with the Access to Information Rules. The Proper Officer will send by post a summons signed by him to every Member of the Council or leave it at their usual place of residence giving the period of notice listed below for the various types of Council meeting. The summons will give the date, time and place of each meeting and specify the business to be transacted, and will be accompanied by such reports as are available.

Annual Meeting - Five clear days

Ordinary Meeting - Five clear days

Extraordinary Meeting - Five clear days

Special Meeting - (see 4.3 and 4.4 above)

7. Chairing The Meeting

(a) The Mayor, or in his absence the Deputy Mayor, will preside at meetings of the Council.

(b) If both the Mayor and Deputy Mayor are absent the Members at the meeting will choose a Member to preside.

(d) If the Mayor or Deputy Mayor arrive after the start of the meeting, the Member then presiding will vacate the Chair and the Mayor and or Deputy Mayor will take the Chair.

8. Quorum And Adjournment

8.1 The quorum of a meeting will be one quarter of the whole number of Members. During any meeting if the Mayor counts the number of Members present and declares there is not a quorum present, then the meeting will adjourn immediately. Remaining business will be considered at a time and date fixed by the majority of the Members present and voting at the meeting. If there is no agreement the Proper Officer in consultation with the Mayor and Leader will set a time and date. If he does not fix a date, the remaining business will be considered at the next ordinary meeting. If time permits the Proper Officer shall arrange for the delivery by post of details of the adjourned meeting. Such notice shall be sent to each Member of the Council specifying the business to be transacted. The absence or non-delivery of a notice shall not, however, invalidate business transacted properly at an adjourned meeting.

8.2 If more than one third of the Members become disqualified at the same time, then until the number of Members is increased to not less than two thirds, the quorum is to be determined by reference to the number of Members remaining qualified.

8.3 The Council may adjourn any meeting to another day and hour and the adjourned meeting shall be deemed a continuation of the original meeting in respect of which the above rules shall be applied.

NOTE: For details as this relates to the Standards Sub-Committee please refer to Part 3, Appendix 4 – Procedure for Local Determinations 7(b) (page 165 refers).

9. Public Participation - Petitions, Questions And Speaking At Meetings

9.1 Petitions

Subject to compliance with the Scheme of Public Participation as set out in Appendix (ii) to the Access to Information Procedure Rules:

Petitions may be presented in person at meetings of the Council and at relevant Committees and Sub-Committees or at meetings of the Executive or a Committee of the Executive. Upon receipt, the Chairman of the meeting, if a Council meeting, will advise whether the petition is to be referred to the Executive or a Committee of the Executive or to a Committee, Sub-Committee or Officer of the Council for consideration and, if a Committee or Sub Committee to which Officer the petition will be passed. In any circumstance referred to above, the Chairman of the meeting may advise that a

written response will be sent.

If the issue, the subject of the petition can be dealt with at that meeting ie because it is an item already included upon the agenda for the meeting, the issues raised will, in so far as is possible, be dealt with at that meeting.

NB: 1. Petitions at Council meetings must be relevant to the powers and duties of the Council. The subject matter of petitions to the Executive or a Committee of the Executive or to Committees or Sub-Committees of the Council must be upon issues within the terms of reference of the Executive, or Committee of the Executive or Committee or Sub-Committee of the Council to which the petition is presented.

2. The subject matter of petitions and any response given at that time shall not be a matter for debate unless the petition relates to an item included upon the agenda for the meeting in which case the debate arising from the petition will take place during consideration of the item.

3. The Scheme of Public Participation does not apply to meetings of Overview and Scrutiny Committees or their Sub-Committees as these Committees and Sub-Committees have their own arrangements for consulting with the public as detailed in the Overview and Scrutiny Procedure Rules.

9.2 Questions

The Mayor may receive questions relevant to an item included upon the agenda for the meeting.

The question must be directed to either:-

The Leader;
Executive Portfolio Holders;
Chairmen of Overview and Scrutiny Committees; or
Chairmen of Other Committees.

If the Mayor rules that a question is proper ie that it refers to a matter of general concern relating to the powers and duties of the Council and relates to an item upon the agenda for the meeting and does not relate to affairs of an individual named or not, the Mayor will request the person to whom the question is directed to respond.

NB: The subject matter of questions and responses given shall not be matters for debate unless the question and response relate to an item included upon the agenda for the meeting in which case the debate arising from the question and response will take place during consideration of the item.

9.3 Speaking at Meetings

The Chairman may permit Members of the public to speak at meetings on items included upon the Agenda for that meeting.

The rules and procedure for speaking at meetings of the Planning Committee, are contained within the Scheme of Public Participation as set out in Appendix (ii) to the Access to Information Procedural Rules.

10. Questions By Members

(a) A Member may ask the Leader, Member(s) of the Executive or the Chairman of any Committee, or Sub-Committee any question on:

(i) Any matter then under consideration by the Council (without written notice);

(ii) The Council’s powers or duties or any matter which affects the Borough, if notice of the question in writing has been given to the Proper Officer by 10.00 one clear day prior to the date of the Council Meeting (excluding the Annual Meeting) for example, on Tuesday for a Thursday meeting). If the matter relates to an Executive function, the Proper Officer will convey the question to the Executive Leader and/or the relevant Member of the Executive. If the matter relates to a Council Committee function, the Proper Officer will convey the question to the Chairman of that Committee. If the matter relates to an Overview and Scrutiny Committee function the Proper Officer will convey the question to the Chairman of the relevant Overview and Scrutiny Committee; or

(iii) Urgent business (the Mayor to decide if the matter is of sufficient urgency to be raised).

(b) Questions will not contain imputations of motives or reflections of a personal character on any member of the Council’s staff.

(d) An answer may take the form of:

(i) A direct oral answer; or

(ii) Where the desired information is contained in a publication of the Council, a reference to that publication; or

(iii) Where the reply to the question cannot conveniently be given orally, a written answer to the Member who asked the question and those Members who wish to receive a copy.

(e) The Member who raised the original question may ask one supplementary question on the subject of the original question.

(f) One other Member may ask a supplementary question subject to the same rules.

(g) The form and content of reply to an original or a supplementary question will be at the discretion of the Member giving the reply, unless in respect of an

original question a written request has been received specifying a specific form of reply or replies. The Member to whom the question is addressed may decline to give a full, or any reply, if in the opinion of that Member to do so would involve an unreasonable amount of Officer time and cost.

11. Motions On Notice

11.1 Notice

Except for motions which can be moved without notice under Rule 13, written notice of every motion, signed by the Member(s) giving the notice, must be delivered to the Proper Officer not later than noon on the Friday preceding the meeting (when the meeting is to be held on a Thursday), or similar period when the meeting is to be held on any other weekday (Saturday and Sunday inclusive). These will be entered in a book open to public inspection.

11.2 Motion Set Out in Agenda

Motions for which notice has been given will be listed on the agenda in the order in which notice was received, unless the Member(s) giving notice state(s), in writing, that s/he/they propose to move it at a later meeting or withdraw it.

11.3 Scope

Motions must be about matters for which the Council has a responsibility or which affect the Borough.

12. Motions without Notice

The following motions may be moved without notice:

(a) to appoint a Chairman of the meeting at which the motion is moved;

(b) in relation to the accuracy of the minutes;

(d) to refer something to an appropriate body or individual;

(e) to appoint a Committee or Member arising from an item on the Summons for the Meeting;

(f) to receive reports or adoption of recommendations of Committees or Officers and any resolutions following from them;

(g) to withdraw a motion;

(h) to amend a motion;

(i) to proceed to the next business;

(j) that the question be now put;

(k) to adjourn a debate;

(l) to adjourn a meeting;

(m) to suspend a particular Council Procedure rule;

(n) to exclude the public and Press in accordance with the Access to Information Rules;

(o) to not hear further a Member named under Rule 20.3 or to exclude them from the meeting under Rule 20.4;

(p) to give the consent of the Council where its consent is required by this Constitution;

(q) to extend the time limit for speeches;

(r) that the meeting become a Committee of the Council;

(s) that the meeting of the Council be resumed;

(t) to determine the time and date of an adjourned meeting;

(u) to put the motion in parts to the vote.

13. Rules Of Debate

13.1 No speeches until motion seconded

No speeches may be made after the mover has moved a proposal and explained the purpose of it until the motion has been seconded.

13.2 Right to Require Motion in Writing

Unless notice of the motion has already been given, the Mayor may require it to be written down and handed to the Proper Officer before it is discussed.

13.3 Seconder’s Speech

When seconding a motion or amendment, a Member may reserve their speech until later in the debate.

13.4 Content and Length of Speeches

Speeches must be directed to the question under discussion or to a personal explanation or point of order. No speech may exceed five minutes without the consent of the Mayor.

13.5 When a Member May Speak Again

A Member who has spoken on a motion may not speak again whilst it is the subject of debate, except:

(a) to speak once on an amendment moved by another Member;

(b) to move a further amendment if a previous amendment is not carried or the motion has been amended since s/he last spoke (see 13.6 (d) and (e) below);

(c) if the Members first speech was on an amendment moved by another Member, to speak on the main issue (whether or not the amendment on which s/he spoke was carried) (see 13.10 below);

(d) in exercise of a right of reply (see 13.9 below);

(e) on a point of order (see 13.13 below); and

(f) by way of personal explanation (see 13.14 below).

13.6 Amendments to Motions

(a) An amendment to a motion must be relevant to the motion and will either be:

(i) to refer the matter to an appropriate body or individual for consideration or reconsideration;

(ii) to leave out words;

(iii) to leave out words and insert or add others; or

(iv) to insert or add words.

as long as the effect of (ii) to (iv) is not to negate the motion.

(b) Only one amendment may be moved and discussed at any one time. No further amendment may be moved until the amendment under discussion has been disposed of. A Member may, however, give notice of a further amendment (see, however, 13.6(c) below).

(c) The Chairman may permit two or more amendments to be discussed together if this is likely to help the proper conduct of the business BUT each amendment must be voted on separately.

(d) If an amendment is not carried, other amendments to the original motion may be moved.

(e) If an amendment is carried, the motion as amended takes the place of the original motion. This becomes the substantive motion to which any further amendments are moved.

(f) After an amendment has been carried, the chairman will read out the amended motion before accepting any further amendments, or if there are none, put it to the vote.

13.7 Alteration of Motion

(a) A Member may when moving a motion of which s/he has given notice alter it with the consent of the meeting and the other signatories. The meeting’s consent will be signified without discussion.

(b) A Member may alter a motion which s/he has moved without notice with the consent of both the meeting and the seconder. The meeting’s consent will be signified without discussion.

13.8 Withdrawal of Motion

A Member may withdraw a motion which s/he has moved with the consent of both the meeting and the seconder. The meeting’s consent will be signified without discussion. No Member may speak on the motion after the mover has asked permission to withdraw it unless permission is refused.

13.9 Right of Reply – Proposer of Motion Only

The mover of a motion has a right to reply at the end of the debate on the motion, immediately before it is put to the vote.

13.10 Right of Reply – Upon Amendment to Motion

At the end of a debate on an amendment to a motion the order in which Members may speak is as follows:

(i) the mover of the amendment may respond to comments made during the debate

(ii) the Chairman of the relevant Committee or Leader or appropriate Executive Member, if that Member has not already spoken in the debate otherwise than in accordance with Rule 13(12) and 13(13);

(iii) the mover of the original motion who shall not otherwise speak on the amendment.

NB Other than as provided for at (i) above the mover of an amendment has no right of reply.

13.11 Motions Which May be Moved During Debate

When a motion is under debate, no other motion may be moved except the following procedural motions:

(a) to withdraw a motion;

(b) to amend a motion;

(d) that the question be now put;

(e) to adjourn a debate;

(f) to adjourn a meeting;

(g) that the meeting become a Committee of the Council;

(h) that the meeting of the Council be resumed;

(i) to exclude the public and Press in accordance with the Access to Information Rules; and

(j) to not hear further a Member named under Rule 21.3 or to exclude them from the meeting under Rule 21.4.

13.12 Closure Motions

(a) A Member may move, without comment, the following motions at the end of a speech of another Member:

(i) to proceed to the next business;

(ii) that the question be now put;

(iii) to adjourn a debate; or

(iv) to adjourn a meeting.

(b) If a motion "to proceed to the next business" is seconded and the Mayor thinks the item has been sufficiently discussed, s/he will give the mover of the original motion a right of reply and then put the procedural motion to the vote.

(c) If a motion that "the question be now put" is seconded and the Mayor thinks the item has been sufficiently discussed, he will put the procedural motion to the vote. If it is passed he will give the mover of the original motion a right of reply before putting the motion to the vote.

(d) If a motion "to adjourn the debate" or "to adjourn the meeting" is seconded and the Mayor thinks the item has not been sufficiently discussed and cannot reasonably be so discussed on that occasion, he will put the procedural motion to the vote without giving the mover of the original motion the right of reply.

13.13 Point of Order

A Member may raise a point of order at any time. The Mayor will hear them immediately. A point of order may only relate to an alleged breach of these Procedure Rules or the law. The Member must indicate the rule or law and the way in which he considers it has been broken. The ruling of the Mayor on the matter will be final.

13.14 Personal Explanation

A Member may make a personal explanation at any time. A personal explanation may only relate to some material part of an earlier speech by the Member (whether or not made at the meeting) which may appear to have been misunderstood in the present debate. The ruling of the Mayor on the admissibility of a personal explanation will be final.

13.15 Motions on Expenditure

Any motion, other than a motion to approve the recommendation of the Executive, which if carried would materially increase the expenditure upon any service under the management of the Executive, or materially reduce the revenue of the Executive, or would involve capital expenditure, shall, when proposed and seconded, stand adjourned without discussion to the next meeting of the Executive, which shall consider it at its next meeting.

NB: This Procedure Rule does not apply to the meeting covered to consider the Council Tax for the next year.

13.16 Motions Affecting Persons Employed by the Council

(1) If any question arises on the Appointment, Promotion, Dismissal, Salary, Superannuation, Conditions of Service or conduct of any Council employee, the question must be referred forthwith to the Head of Paid Service. Procedure Rules relating to staff refer. (Part 4 Rules of Procedure – General Procedure Rules – Procedural Decisions not contained within the General Procedure Rules).

NB: The above does not apply so as to prevent consideration of a report from the Head of Paid Service, Director or Service Manager concerning the Appointment, Promotion, Dismissal, Salary, Superannuation, Conditions of Service or Conduct of any Council employee.

(2) Disciplinary action against the Head of the Authority’s Paid Service, Chief Finance Office (Section 151 Officer) and Monitoring Officer is prescribed by the Local Authorities (Standing Orders) (England) Regulations 2001. (Part 4 Rules of Procedure – General Procedure Rules – Procedural Decisions not contained within the General Procedure Rules.)

14. State Of The Borough Debate

14.1 Calling of Debate

The Leader may call a State of the Borough Debate annually on a date and in a form to be agreed with the Mayor.

14.2 Form of Debate

The Leader will decide the form of the debate with the aim of enabling the widest possible public involvement and publicity. This may include holding workshops and other events prior to, or during, the State of the Borough Debate.

14.3 Chairing of Debate

The debate will be chaired by the Mayor.

14.4 Results of Debate

The results of the debate will be:

(i) disseminated as widely as possible within the community and to agencies and organisations in the area; and

(ii) considered by the Leader in proposing the budget and policy framework to the Council for the coming year.

15. Themed Debate

(Minute No. 505/4/04)

15.1 Calling of Debate

The Leader may call a themed debate annually in the opposite half of the year to the State of the Borough Debate. The debate will take place following an Ordinary Council Meeting. The date and form to be agreed with the Mayor.

15.2 Form of Debate

The themed debate will have one key speaker on a topic of interest, the subject of which shall be agreed between the Mayor and the Leader of the Council.

15.3 Chairing of Debate

The debate will be chaired by the Mayor.

15.4 Results of Debate

The results of the debate will be disseminated as widely as possible within the community and to agencies and organisations in the area.

16. Previous Decisions And Motions

16.1 Motion to Rescind a Previous Decision

A motion or amendment to rescind a decision made at a meeting of the Council within the past six months cannot be moved unless the notice of motion is signed by at least 17 Members.

16.2 Motion Similar to One Previously Rejected

A motion or amendment in similar terms to one that has been rejected at a meeting of the Council in the past six months cannot be moved unless the notice of motion or amendment is signed by at least 17 Members. Once the motion or amendment is dealt with, no one can propose a similar motion or amendment for six months.

NB: These Procedure Rules shall not apply to motions moved upon a recommendation of the Executive or Overview and Scrutiny Committee or of a Committee of the Council.

17. Voting

17.1 Majority

Unless this Constitution provides otherwise, any matter will be decided by a simple majority of those Members present and voting in the room at the time the question is put.

17.2 Mayor’s Casting Vote

If there are equal numbers of votes for and against, the Mayor will have a second or casting vote, regardless of whether he has used his first vote. There will be no restriction on how the Mayor chooses to exercise a casting vote.

NB: See, however, the note to General Procedure Rule 1.1 (ii)

17.3 Method of Voting

Voting at Council Meetings shall normally be undertaken by the electronic voting system, or by a show of hands.

17.4 Recorded Vote

(i) If a Member so requests before the Chairman begins to take the vote, and the request is supported by six other Members ie a total of seven (who show their support by standing) s/he may request a recorded vote.

(ii) In the event of the electronic voting system being out of service then:

(a) the Proper Officer will call the name of each Member;

(b) the Member will respond, for or against the motion or amendment or by abstaining and

17.5 Right to Require Individual Vote to be Recorded

Where any Member requests immediately after the vote is taken, their vote will be recorded in the minutes to show whether they voted for or against the motion or abstained from voting.

NB: This is a mandatory standing order under the Local Authorities (Standing Orders) Regulations 1993.

17.6 Voting on Appointments

If there are more than two people nominated for any position to be filled and there is not a clear majority of votes in favour of one person, then the name of the person with the least number of votes will be taken off the list and a new vote taken. The process will continue until there is a majority of votes for one person.

18. Minutes

18.1 Signing the Minutes

The Mayor will sign the minutes of the proceedings at the next suitable meeting. The Mayor will move that the minutes of the previous meeting be signed as a correct record. The only aspect of the minutes that can be discussed is their accuracy.

18.2 No Requirement to Sign Minutes of Previous Meeting at Extraordinary Meeting

Where in relation to any meeting, the next meeting for the purpose of signing the minutes is a meeting called under paragraph 3 of schedule 12 to the Local Government Act 1972 (an Extraordinary Meeting), then the next following meeting (being a meeting called otherwise than under that paragraph) will be treated as a suitable meeting for the purposes of paragraph 41(1) and (2) of schedule 12 relating to signing of minutes.

NB: This is a mandatory standing order under the Local Authorities (Standing Orders) Regulations 1993.

18.3 Form of Minutes

Minutes will contain all motions and amendments in the exact form and in the order in which the Mayor put them.

19. Record Of Attendance

All Members present during the whole or part of a meeting must sign their names on the attendance sheets before the conclusion of every meeting to assist with the record of attendance.

20. Exclusion Of Public

Members of the public and Press may only be excluded either in accordance with the Access to Information Rules in Part 4 of this Constitution or Procedure Rule 21 (Disturbance by Public).

21. Members Conduct

21.1 Standing to speak

When a Member speaks at Full Council s/he must stand and address the meeting through the Mayor. If more than one Member stands, the Mayor will ask one to speak and the others must sit. Other Members must remain seated whilst a Member is speaking unless they wish to make a Point of Order or a point of Personal Explanation (see 13.13 and 13.14 respectively above).

21.2 Mayor Standing

When the Mayor stands during a debate, any Member speaking at the time must stop and sit down. The meeting must be silent.

21.3 Member Not to be Heard Further

If a Member persistently disregards the ruling of the Mayor by behaving improperly or offensively or deliberately obstructs business, any Member may move that the Member be not heard further. If seconded, the motion will be voted on without discussion.

21.4 Member to Leave the Meeting

If a Member continues to behave improperly after a motion that s/he ‘Not be Heard Further (see 20.3 above) is carried, the Mayor may move that either the Member leaves the meeting or that the meeting is adjourned for a specified period. If seconded, the motion will be voted on without discussion.

21.5 General Disturbance

If there is a general disturbance making orderly business impossible, the Mayor may adjourn the meeting for as long as s/he thinks necessary.

22. Disturbance By Public

22.1 Removal of Member of the Public

If a Member of the public interrupts proceedings, the Mayor will warn the person concerned. If that person continues to interrupt, the Mayor will order their removal from the meeting room.

22.2 Clearance of Part of Meeting Room

If there is a general disturbance in any part of the meeting room open to the public, the Mayor may call for that part to be cleared.

23. Suspensions And Amendment Of Council Procedure Rules

23.1 Suspension

All of these Council Rules of Procedure except Rule 17.5 and 18.2 may be suspended by motion on notice or without notice if at least one half of the whole number of Members of the Council are present. Suspension can only be for the duration of the meeting.

23.2 Amendment

Any motion to add to, vary or revoke these General Procedure Rules will, when proposed and seconded, stand adjourned without discussion to the next ordinary meeting of the Council unless already on the agenda.

24. Application To Committees And Sub-Committees

All the General Procedure Rules apply to meetings of Full Council. None of the rules apply to meetings of the Executive. Only Rules 6; 7; 8; 9; 12 (a to d) and (f to p); 13.1 to 13.4, 13.6 to 13.8, 13.11, 13.14 and 13.16; 16; 17.1, 17.2, 17.5 and 17.7; 18.1, 18.2; 19; 20; 21.3 to 21.5; and 22 apply to meetings of Committees and Sub- Committees, and in this case references to the Mayor should be interpreted as ‘Chairman’.

Next - Appendix 1 - Procedural Decisions Not Contained Within The General Procedural Rules

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