Standing Orders (2017)
Revised 3rd February 2014
Draft revision 2nd October 2017
CONTENTS
1. Rules of debate at meetings
2. Disorderly conduct at meetings
3. Meetings general
4. Committees
5. Ordinary council meetings
6. Extraordinary meetings of the councils and committees
7. Previous resolutions
8. Voting on appointments
9. Motions for a meeting that require written notice to be given to the proper office
10. Motions at a meeting that do not require written notice
11. Handling confidential and sensitive information
12. Draft minute
13. Code of conduct and dispensations
14. Code of conduct complaints
15. Proper office
16. Responsible financial officer
17. Accounts and accounting systems
18. Financial controls and procurement
19. Handling staff matters
20. Requests for information
21. Relations with the press and media
22. Execution and sealing of legal deeds
23. Communicating with district and county councillors
24. Restrictions on councillor activities
25. Standing orders generally
Note - Standing orders that are in bold type contain statutory requirements.
1. 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 Chair 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c. A motion on the agenda that is not moved by its proposer may be treated by the Chair of the meeting as withdrawn.
d. If a motion (including an amendment) has been seconded, it may be withdrawn by the proposer only with the consent of the seconder.
e. An amendment is a proposal to remove or add words to the 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. 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.
h. If there is more than one amendment to the original or substantive motion, the amendments shall be moved in the order directed by the Chair.
i. Only one amendment shall be moved and debated at a time, the order of which shall be directed by the Chair of the meeting.
j. A councillor may not move more than one amendment to an original or substantive motion.
k. The mover of an amendment has no right of reply at the end of debate on it.
l. During the debate of a motion, 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.
m. A point of order shall be decided by the Chair of the meeting and the decision will be final.
n. 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 the 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.
o. Before an original or substantive motion is put to the vote, the Chair 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.
p. Excluding motions moved under order 1(n) above, the contributions or speeches by a councillor shall relate only to the motion under discussion and shall be no more than 5 minutes without the consent of the Chair of the meeting.
2. 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 Chair of the meeting shall request such person(s) to moderate or improve their conduct.
b. If person(s) disregard the request of the Chair of the meeting to moderate or improve their conduct, any councillor or the Chair 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 2(b) above is ignored the Chair of the meeting may take reasonable steps to restore order or to progress the meeting. This may include temporarily suspending or closing the meeting.
3. Meetings general.
a. 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.
b. The minimum three clear days for notice of a meeting does not include the day on which the notice was issued, the day of the meeting, a Sunday, or a day of a public holiday or a day appointed for thanksgiving or mourning.
c. Meetings shall be open to the public unless their presence is prejudicial to the public interest by reason of confidential nature of the business to be transacted or for other special reasons. The publics exclusion from all or part of a meeting shall be by a resolution which shall give reasons for the publics exclusion.
d. Members of the public may, when invited by the chair of the meeting, make representations, answer questions and give evidence at a meeting which they are entitled to attend in respect of the business on the agenda.
e. The public participation at a meeting in accordance with standing order 3(d) above, shall not exceed 15 minutes unless directed by the Chair of the meeting.
f. In accordance with 3(e) above, questions shall not require a response at a meeting nor start a debate. The Chair of the meeting may direct that a written or oral response be given.
g. A person who speaks at a meeting shall direct his comments to the Chair of the meeting.
h. Only one person is permitted to speak at a time. If more than one person wants to speak, the Chair of the meeting shall direct the order of speaking.
i. Photographing, recording, broadcasting or transmitting the proceedings of a meeting by any means by councillors, public or press is at the discretion of the council (Local Government Act and Accountability Act 2014 and the openness of Local Government bodies). Facilities must be made available and time given before and after the meetings to set up and take down equipment.
j. 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.
k. Subject to standing orders which indicate otherwise, anything authorised or required to be done by, to or before the Chair of the Council may in their absence be done by, to or before the Vice-Chair of the Council.
l. The Chair if present shall preside at a meeting. If the Chair is absent from a meeting, the Vice-Chair shall preside. If both the Chair and the Vice-Chair are absent from a meeting, a councillor as chosen by the councillors present at the meeting shall preside the meeting.
m. Subject to a meeting being quorate, all questions at a meeting shall be decided by a majority of the councillors present.
n. The Chair 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 a casting vote whether or not he gave an original vote. See standing orders 5(I) and 5(j) below for the different rules that apply in the election of the Chair of the Council at the annual meeting of the Council.
o. Unless the 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 against that question. Such a request shall be made before moving on to the next item of business on the agenda.
p. The minutes of a meeting shall include an accurate record of the following:
i. The time and the place of the meeting;
ii. The names of the councillors present and absent;
iii. Interests that have been declared by councillors and non-councillors with voting rights;
iv. Whether councillors or non-councillors with voting rights left the meeting when matters that they held interests in were being considered;
v. If there was a public participation session; and the resolutions made.
q. 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 or her right to participate and vote on that matter.
r. No business may be transacted at a meeting unless at least one third of the whole number of members of the council are present and in no case shall the quorum of a meeting be less than three. See standing order 4(viii) below for the quorum of a committee or a sub-committee.
s. If a meeting is or becomes inquorate no business shall be transacted and the meeting shall be closed. The business on the agenda for the meeting shall be adjourned to another meeting.
t. A meeting shall not exceed a period of 3 hours and shall be concluded no later than 10pm.
4. Committees
a. Unless the council determines otherwise, a committee may appoint a sub-committee 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 sub-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 the 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 4(b) and (c) above, appoint and determine the terms of office of members of such a committee.
v. May subject to standing orders 4(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 3 days before the meeting that they are unable to attend;
vi. Shall, after it has appointed the members of a standing committee, appoint a Chair of the standing committee;
vii. Shall permit a committee other than a standing committee, to appoint its own chair 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. May dissolve a committee.
5. Ordinary 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 direct.
c. If no other time is fixed, the annual meeting of a council shall take place at 7pm.
d. In addition to the annual meeting of the council, at least three 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 Chair and Vice-Chair of the council.
f. The Chair of the council, unless he or she resigns or becomes disqualified, shall continue in office and preside at the annual meeting until the successor is elected.
g. The Vice-Chair of the council, if any, unless he or she resigns or becomes disqualified, shall hold office until immediately after the election of the Chair of the council.
h. In an election year, if the current Chair the council is not re-elected as a member of the council, he or she shall preside at the meeting until a successor Chair of the council has been elected. The current Chair of the council shall not have an original vote in respect of the election of the new Chair of the council but must give a casting vote in the case of equality of votes.
i. In an election year, if the current Chair of the council has been re-elected as a member of the council, he shall preside at the meeting until a new Chair of the council has been elected. He may exercise an original vote in respect of the election of the new Chair of the council and must give a casting vote in the case of an equality of votes.
j. Following the election of the Chair of the council and the Vice-Chair of the council at the annual meeting of the council, the business of the annual meeting shall include:
i. In an election year, delivery by the Chair 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 that is not an election year, delivery by the Chair of the council of his acceptance of office form unless the council resolve for this to be done at a later date;
ii. Confirmation of the accuracy of the minutes of the last council 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, staff and other local authorities;
vi. Review of 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; (items ix – xix may be included in the annual meeting of the council or at another meeting as directed by the council).
ix. Review and adoption of appropriate standing orders and financial regulations – will be done at the next full council meeting.
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 – will be done at the next full council meeting;
xiv. Confirmation of arrangements for insurance cover in respect of all insured risks
xv. Review of the council’s and or staff’s subscriptions to other bodies;
xvi. Review of the council’s complaint procedure – will be done annually at the September council meeting;
xvii. Review of the council’s procedure for handling requests made under the freedom of information Act 2000 and the Data Protection Act 1998 will be done annually at the October council meeting.
xviii. Review of the council’s policy for dealing with press and 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.
6. Extraordinary meetings of the councils and committees and sub-committees
a. The Chair of the council may convene an extraordinary meeting of the council at any time.
b. If the Chair of the council does not or refuses to call an extraordinary meeting of the council within seven days of having been requested in writing 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 Chair of a committee may convene an extraordinary meeting of the committee at any time.
d. If the Chair of the committee does not or refuses to call an extraordinary meeting within 7 days of having been requested to do so by 2 members of the committee, any 2 members of the committee and the Chair of the council may convene an extraordinary meeting of a committee.
7. 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 two councillors to be given to the Proper Officer in accordance with standing order 9 below, or by a motion moved in pursuance of the recommendation of a committee.
b. When a motion moved pursuant to standing order 7(a) above has been disposed of, no similar motion may be moved within a further six months.
8. Voting on appointments
a. Where more than two persons have been nominated for a position to be filled by the council and none of those persons has received an absolute majority of votes in their favour, the name of the person having the least number of votes shall be struck off the list and a fresh vote taken. This process shall continue until a majority of votes is given in favour of one person. A tie in votes may be settled by the casting vote exercisable by the Chair of the meeting.
9. Motions for a meeting that require written notice to be given to the proper office
a. 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 it residents.
b. No motion may be moved at a meeting unless it is on the agenda.
c. If the Proper Officer considers the wording of a motion is not clear in meaning, the motion shall be rejected until the mover of the motion re-submits it in writing to the Proper Officer so that it can be understood at least 7 clear days before the meeting.
d. If the wording or subject of a proposed motion is considered improper, the Proper Officer shall consult with the Chair of the forthcoming meeting or, as the case maybe, the councillors who have convened the meeting, to consider whether the motion shall be included in the agenda or rejected.
e. Subject to standing order 9(d) above, the decision of the Proper Officer as to whether or not to include the motion on the agenda shall be final.
10. Motions at a meeting that do not require written notice
a. 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 exclude the press and public from a meeting in respect of confidential or sensitive information which is prejudicial to the public interest;
xi. To not hear further from a councillor or member of the public;
xii. To exclude a councillor or member of the public for disorderly conduct;
xiii. To temporarily suspend the meeting;
xiv. To suspend a particular standing order (unless it reflects mandatory statutory requirements);
xv. To adjourn the meeting; or
xvi. To close the meeting.
11. Handling confidential and sensitive information
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 of public interest.
12. Draft minutes
a. 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 10(a)i above.
b. 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.
c. The Chair of the meeting does not consider the minutes to be an accurate record or 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 Chair of this meeting does not believe that the minutes of the meeting of ( ) 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.”
d. 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.
13. Code of conduct and dispensations
See also standing order 3(s) above.
a. All councillors and non-councillors with voting rights shall observe the code of conduct adopted by the council.
b. Unless he or she 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 or she has a disclosable pecuniary interest. He or she may return to the meeting after it has considered the matter in which he or she had the interest.
c. Unless he or she 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 or she has another interest if so required by the council’s code of conduct. He or she may return to the meeting after it has considered the matter in which he or she 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 dispensation shall be made by the Proper Officer 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 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 for why the dispensation is sought.
g. Subject to standing orders 13(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.
h. A dispensation may be granted in accordance with standing order 13(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.
14. Code of conduct complaints
a. Upon notification by the District Council that it is dealing with a complaint that a councillor or non-councillor with voting rights has breached the councils code of conduct, the Proper Officer shall, subject to standing order 11 above, report this to the council.
b. Where the notification in standing order 14(a) above relates to a complaint made by the Proper Officer, the Proper Officer shall notify the Chair of the council of this fact, and the Chair of the council 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 14(d).
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 investigating the matter;
d. Upon notification by the district council that a councillor or non-councillor with voting rights has breached the councils code of conduct, the council shall consider what, if any action to take to against him or her. Such action excludes disqualification or suspension from office.
15. Proper Officer
a. The Proper Officer shall be either the (i) 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 or a committee, serve on councillors, by delivery or post or e-mail at their residences, a signed summons confirming the time, place and agenda.
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 (provided that the public notice with agenda of an extraordinary meeting of the council convened by councillors is signed by them); (see standing order 3(b) above for meaning of clear days for a meeting of a full council and standing order 3(c) above for a meeting of a committee).
iii. Subject to standing order 9 above, include on the agenda all motions in the order received unless a councillor has given notice at least 7 days before the meeting confirming the withdrawal of it;
iv. Convene a meeting of full council for the election of a new Chair of the council, occasioned by a casual vacancy in the 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 Data Protection Act 1998, 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 for legal deeds to be executed (see also standing order 22 below);
xiii. Arrange or manage prompt authorisation, approval, and instruction regarding any payments be made by the council in accordance with the council’s financial regulations;
xiv. Record every planning application notified to the council and the council’s response to the local planning authority in a book for such purpose;
xv. Refer a planning application received by the council to the planning committee within five working days of receipt to facilitate an extraordinary meeting if the planning application requires consideration before the next ordinary meeting of the planning committee;
xvi. Manage access to information about the council via the publication scheme; and
retain custody of the seal of the council (if any) which shall not be used without a resolution to that effect. (see also standing order 22 below).
16. Responsible financial officer
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.
17. Accounts and accounting systems
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 practice and the council’s financial regulations.
c. The responsible financial officer shall supply to each councillor as soon as practicable after 30th June, 30th September and 31st 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 31st March, the Responsible Financial Officer shall provide:
i. Each councillor with a statement summarising the council’s receipt 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 income and expenditure for a year to 31st 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 30th June.
18. 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 financial 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; and
v. Procurement policies (subject to standing order 18(c) below) including the setting of values for different procedures where a contract has an estimated value of less than £60,000.
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 £60,000 shall be procured on the basis of a formal tender as surmised in standing order 18(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 for 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 (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 tender and (iv) the prohibition on prospective contractors contacting councillors or staff to encourage or support their tender outside of the prescribed process;
iii. The invitation to tender shall be advertised locally and in any other manner that is appropriate;
iv. Tenders are to be submitted in writing in a sealed marked envelope addressed to the Proper Officer;
v. 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;
vi. Tenders are to be reported to and considered by the appropriate meeting of the council or a committee with delegated responsibility.
e. Neither the council, nor a committee with delegated responsibility for considering tenders, is bound to accept the lowest value tender;
f. Where the value of a contract is likely to exceed £138,893 (or other threshold specified by the Office of Government Commerce from time to time) the council must consider whether the Public Contract 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.
19. Handling staff matters
a. A matter personal to a member of staff that is being considered by a meeting of the council or the Human Resources committee is subject to standing order 11 above.
b. Subject to the council’s policy regarding absences from work, the council’s most senior member of staff shall notify the Chair of the Council and the Chair of the Human Resources committee of absence occasioned by illness or other reason and shall report such absence to the council where appropriate.
c. The Chair of the Human Resources Committee shall upon a resolution conduct a review of the performance and annual appraisal of the work of employees. The reviews and appraisal shall be reported in writing and are subject to approval resolution by the Human Resources committee.
d. Subject to the council’s policy regarding the handling of grievance matters, the council’s most senior employee (or other employees) shall contact the Chair of the Human Resources committee in respect of an informal or formal grievance matter, and this matter shall be reported back and progressed by resolution of the Human Resources committee.
e. Subject to the council’s policy regarding the handling of grievance matters, if an informal or formal matter raised relates to the Chair of the Human sources committee this shall be communicated to another member of the committee which shall be reported back and progressed by resolution of that committee.
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.
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 19(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 19(f) and (g) above, shall be provided only to the Clerk, Assistant Clerk and Chair of the Council.
20. Requests for information
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 Data Protection Act 1998.
b. Correspondence from, the notices served by, the Information Commissioner shall be referred by the Proper Officer to the Chair of the council. The council shall have the power to do anything to facilitate compliance with the Freedom of Information Act 2000.
21. Relations with the press and media
a. Requests from the press or other media for oral or written comment or statement from the council, its councillors or staff shall be handled in accordance with the council’s policy in respect of dealing with the press and or other media.
22. Execution and sealing of legal deeds
(see also standing orders 15(b)xii and xvii above)
a. A legal deed shall not be executed on behalf of the council unless authorised by a resolution.
b. Subject to standing order 22(a) above, the council’s common seal shall alone be used for sealing a deed required by law. It shall be applied by the Proper Officer in the presence of two councillors who shall sign the deed as witness. (this applicable to a council with a common seal).
Or
Subject to standing order 22(a) above, any two councillors may sign, on behalf of the council, any deed required by law and the Proper Officer shall witness their signatures. (this is applicable to councils without a common seal)
23. Communicating with district and county or unitary councillors
a. An invitation to attend a meeting of the council shall be sent, together with the agenda, to the ward councillor(s) of the district county council representing the area of the council.
b. Unless the council determines otherwise, a copy of each letter sent to the district and county council shall be sent to the ward councillor(s) representing the area of the council.
24. Restrictions on councillor activities
a. 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
ii. Issue orders, instructions or directions.
25. 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 or vary or revoke one or more of the councils standing orders, except one that incorporates mandatory statutory requirements, shall be proposed by a special motion, the written notice by a least two councillors to be given to the Proper Officer in accordance with standing order 9 above.
c. The Proper Officer shall provide a copy of the council’s standing orders to a councillor as soon as he has delivered his acceptance of office form.
d. The decision of the Chair of a meeting as to the application of standing orders at the meeting shall be final.