Rules:
A. APPLICATION TO FULL COUNCIL, COMMITTEES, SUB-COMMITTEES AND PANELS
Full Council
All of the Council Procedure Rules apply to meetings of full Council.
Cabinet
These procedure rules do not apply to Cabinet. The Cabinet Procedure Rules can be found at Part 4, Section 4 of this Constitution.
Committees, Sub-Committees and Panels
Certain rules also apply to committees, sub-committees and panels, as detailed below:
- Rule 1.1 (xiv) (Substitute Members) applies to the Policy Development Panel, Performance Monitoring Panel and Development Control Committee.
- Rule 4 (Time and Place of Meetings) applies to all panels, committees and sub-committees to which the Access to Information Act 1985 applies (with the exception of Cabinet committees and sub-committees).
- Rule 5 (Notice and Summons) applies to all panels, committees and sub-committees to which the Access to Information Act 1985 applies (with the exception of Cabinet committees and sub-committees).
- Rule 6 (Chairman) applies to all panels, committees and sub-committees to which the Access to Information Act 1985 applies (with the exception of Cabinet committees and sub-committees).
- Rule 7 (Quorum) applies to all panels, committees and sub-committees to which the Access to Information Act 1985 applies (with the exception of Cabinet committees and sub-committees).
- Rule 8 (Duration of Meeting) applies to all panels, committees and sub-committees to which the Access to Information Act 1985 applies (with the exception of Cabinet committees and sub-committees).
- Rule 10 (Questions by Members) applies to all panels, committees and sub-committees to which the Access to Information Act 1985 applies (with the exception of Cabinet committees and sub-committees).
- Rules 11 and 12 (Motions) apply to all panels, committees and sub-committees to which the Access to Information Act 1985 applies (with the exception of Cabinet committees and sub-committees).
- Rule 13 (Amendments to Motions) applies to all panels, committees and sub-committees to which the Access to Information Act 1985 applies (with the exception of Cabinet committees and sub-committees).
- Rule 14.6 (Point of Order) applies to all panels, committees and sub-committees to which the Access to Information Act 1985 applies (with the exception of Cabinet committees and sub-committees).
- Rule 16 (Voting) applies to all panels, committees and sub-committees to which the Access to Information Act 1985 applies (with the exception of Cabinet committees and sub-committees).
- Rule 17 (Minutes) applies to all panels, committees and sub-committees to which the Access to Information Act 1985 applies (with the exception of Cabinet committees and sub-committees).
- Rule 18 (Record of Attendance) applies to all panels, committees and sub-committees to which the Access to Information Act 1985 applies (with the exception of Cabinet committees and sub-committees).
- Rule 19 (Exclusion of the Press and Public) applies to all panels, committees and sub-committees to which the Access to Information Act 1985 applies (with the exception of Cabinet committees and sub-committees).
- Rule 20 (except 20.1) (Members' Conduct) applies to all panels, committees and sub-committees to which the Access to Information Act 1985 applies (with the exception of Cabinet committees and sub-committees).
- Rule 21 (Disturbance by Public) applies to all panels, committees and sub-committees to which the Access to Information Act 1985 applies (with the exception of Cabinet committees and sub-committees).
B. SUSPENSION AND AMENDMENT OF COUNCIL PROCEDURE RULES
Suspension
With the exception of the rules listed below, all of these Council Procedure Rules may be suspended by motion on notice or without notice if at least one half of the whole number of members of the Council or appropriate panel, committee or sub-committee are present. Suspension can only be for the duration of the meeting:
- Rule 1.1(i) (Election of person to preside at Annual meeting if Chairman of Council not present)
- Rule 1.1(ii) (Election of Chairman)
- Rule 1.1(iii) (Declaration of Interests)
- Rule 1.1(xi) (Election of Leader)
- Rule 2(i) Election of person to preside at Ordinary meeting if Chairman and Vice Chairman not present)
- Rule 2(iii) (Declaration of Interests)
- Rule 3.1 (Calling of extraordinary and special meetings)
- Rule 5.0 (Notice and Summons)
- Rule 6 (Chairman of meeting)
- Rule 10.4 (Notice of questions under Rule 10.2 and 10.3)
- Rule 10.8 (a) - (g) (Questions without notice to Cabinet members)
- Rule 12 (Motions)
- Rule 12.4 (Motion to rescind a previous decision)
- Rule 12.5 (Motion similar to one previously rejected)
- Rule 13 (Amendments to Motions)
- Rule 16.2 (Chairman's casting or second vote)
- Rule 16.3 (Show of hands)
- Rule 16.4 (Recorded vote)
- Rule 16.5 (Right to require individual vote to be recorded)
- Rule 17.2 (No requirement to sign minutes of previous meeting at extraordinary meeting)
- Rule 19 (Exclusion of the Press and Public)
Amendment
Any motion to add to, vary or revoke these Council Procedure Rules will, when proposed and seconded, stand adjourned without discussion to the next ordinary meeting of the Council. The proposed amendment will be considered by the Head of Customer, Legal and Member Services in accordance with Article 14 before being resubmitted to Council.
MEETINGS AND PROCEEDINGS OF COUNCIL
1.0 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 chairman of Council is not present;
(This procedure rule cannot be suspended)
(ii) elect the chairman of Council;
(This procedure rule cannot be suspended)
(iii) receive any declarations of interest from members;
(This procedure rule cannot be suspended)
(iv) elect the vice-chairman of Council;
(v) approve the minutes of the last meeting;
(This procedure rule cannot be suspended)
(vi) receive any announcements from the chairman, the Leader and/or Head of the Paid Service;
(vii) receive any petitions (as detailed in Article 3 paragraph 3.01(d));
(viii) deal with any business from the last meeting;
(ix) receive reports from the Cabinet (including recommendations in relation to the budget and policy framework) and minutes and reports from the Council's committees and Panels, and receive questions and answers on any of those minutes and reports; (Council Procedure Rules 14.1 to 14.5 (Rules of Debate) do not apply to the consideration of matters under this rule;
(x) receive reports on urgent decisions not subject to call-in, as detailed in Rule 15(k) of the Overview and Scrutiny Procedure Rules;
(xi) elect the Leader if the term of the current Leader has expired (see Article 7.03 for term of office);
(This procedure rule cannot be suspended)
(xii) receive the Cabinet's forward plan;
(xiii) receive reports from the Policy Development and Performance Monitoring Panels (including reports on the budget and policy framework); (Council Procedure Rules 14.1 to 14.5 (Rules of Debate) do not apply to the consideration of matters under this Rule);
(xiv) in any year where the membership of the Cabinet is known by the date of the annual meeting, appoint the Policy Development and Performance Monitoring Panels, a Standards Committee and such other committees and panels as the Council considers appropriate to deal with matters which are neither reserved to the Council nor are Cabinet functions (as set out in Part 3 of the Council's Constitution), and appoint a pool of substitutes for the Development Control Committee;
(xv) Appoint Substitute Members of Panels and Development Control Committee
The following rules will apply to these substitutions:
Performance Monitoring Panel and Policy Development Panel
The pool of substitute members for the Policy Development and Performance Monitoring Panels shall be all those members who are not members of the appropriate Panel or the Cabinet.
Substitution of members on the Policy Development and Performance Monitoring Panels will be for individual meetings only. Substitutes will be appointed by group leaders or their nominated representatives from the pool of substitutes appointed by the Council.
Development Control Committee
The pool of substitutes for the Development Control Committee shall comprise all members who are not members of the Development Control Committee. Up to date information about the allocation of substitute seats is available on the Council's website at www.sholland.gov.uk. Alternatively you can visit us or contact us on 01775 761161.
Substitution of members will be for individual meetings only, and substitutes will be appointed by group leaders or their representative for that political group. Only members who have attended approved training in Development Control during the previous twelve months will be eligible to attend as a substitute.
Notice of Substitutions
Notice of any substitution by a group leader or their nominated representative under this Rule must be submitted to the Head of Customer, Legal and Member Services by noon on the day of the meeting.
Powers and Duties
Substitute members will have all the powers and duties of any ordinary member of the committee or panel but will not be able to exercise any special powers or duties exercisable by the person they are substituting (this relates to a situation where the person substituted is currently the Chairman or Vice-Chairman of the Committee).
Substitution
Substitute members may attend meetings in that capacity only:
(a) to take the place of the ordinary member for whom they are the
designated substitute;
(b) where the ordinary member will be absent for the whole of the meeting;
(c) if the member who has been substituted attends the meeting, he/she will
be 'in attendance' and will not be permitted to vote.
(xvi) in any year when the membership of the Cabinet is not known by the date of the Annual Meeting, appointments to the Policy Development and Performance Monitoring Panels, the Development Control Committee, pools of substitutes and any other committees whose membership is influenced or dependant upon the membership of the Cabinet, will be made at the first ordinary or special meeting of the Council following the appointment of the Cabinet;
(xvii) decide which remaining committees to establish for the municipal year, together with their size and terms of reference, and determine the allocation of seats in accordance with the political balance rules (if appropriate);
(xviii) agree a scheme of delegation or such part of it as the Constitution determines it is for the Council to agree as necessary (see Part 3 of the Council's Constitution);
(xix) answer questions under Council Procedure Rule 10.2;
(xx) answer questions under Council Procedure Rule 10.8;
(xxi) consider any other business set out in the notice convening the meeting;
(xxii) receive nominations and make appointments to committees and outside bodies except where appointment to those bodies has been delegated by the Council - or is exercisable only by the Cabinet (see Council Procedure Rule 16.6).
2.0 Ordinary Meetings OF THE COUNCIL
Ordinary meetings of the Council will take place in accordance with an agreed programme. Ordinary meetings will:
(i) elect a person to preside if the Chairman and Vice-Chairman are not present (this procedure rule cannot be suspended);
(ii) approve the minutes of the last meeting (this procedure rule cannot be suspended);
(iii) receive any declarations of interest from members (this procedure rule cannot be suspended);
(iv) receive any announcements from the Chairman, Leader, members of the Cabinet or the Head of Paid Service;
(v) receive any petitions (as detailed in Article 3 paragraph 3.01(d));
(vi) deal with any business from the last Council meeting;
(vii) receive reports from the Cabinet (including recommendations in relation to the budget and policy framework) and minutes and reports from the Council's committees and Panels, and receive questions and answers on any of those minutes and reports (Council Procedure Rules 14.1 to 14.5 (Rules of Debate) do not apply to the consideration of matters under this rule);
(viii) at the first meeting after the end of March, June, September and December, receive any report from the Leader detailing key decisions under Rule 16 of the Access to Information Procedure Rules;
(ix) at the first ordinary meeting of the Council held after the first meeting of each Panel in the new municipal year, receive annual reports from the Panels on their work, including recommendations for the future work programme and amended working methods if appropriate (see Article 6.09);
(x) receive the Cabinet's forward plan;
(xi) receive reports on urgent decisions not subject to call-in, as detailed in Rule 15(k) of the Overview and Scrutiny Procedure Rules;
(xii) receive reports from the Policy Development and Performance Monitoring Panels (including reports on the budget and policy framework and matters referred to the council by either Panel) (Council Procedure Rules 14.1 to 14.5 (Rules of Debate) do not apply to the consideration of matters under this Rule);
(xiii) receive reports about and receive questions and answers on the business of joint arrangements and external organisations;
(xiv) receive reports on partnership activities (Council Procedure Rules 14.1 to 14.5 (Rules of Debate) do not apply to the consideration of matters under this Rule);
(xv) receive written reports from councillors who represent the Council on outside bodies. Reports will normally be for information only. However, members may recommend that a matter be considered or investigated by officers, and that the investigating officer be asked to submit a further detailed report. (Council Procedure Rules 14.1 to 14.5 (Rules of Debate) do not apply to the consideration of matters under this Rule);
(xvi) receive presentations from organisations and agencies active within the District at the invitation of the Council, such presentations to last no longer than 15 minutes with not more than 10 minutes for discussion/questions on the presentation (Council Procedure Rules 14.1 to 14.5 (Rules of Debate) do not apply to the consideration of matters under this Rule);
(xvii) (this Rule applies to meetings held in April, July and November each year, and to any other meeting where it has been agreed that a debate will be held and the subject matter of the debate, which must comply with Rule 2.0(xviii) below, has been agreed) debate an issue of importance (pre-determined in accordance with Rule 2.0(xviii) below), such debate to last no longer than 1 hour unless otherwise agreed by the majority of members present. In order to promote good and well informed debate Members must submit to officers prior to the debate requests for all information that they require, and it will be the responsibility of the appropriate Head of Service to provide this information to all members. (Council Procedure Rules 14.1 to 14.5 (Rules of Debate) do not apply to consideration of matters under this Rule.)
(xviii) (this Rule applies to the meetings which precede the April, July and November meetings each year) consider which matter will be subject to debate at the following meeting under Rule 2.0(xvii) above. The matter to be debated must be an issue upon which a member has asked a question under Council Procedure Rule 10.8 ("Questions without Notice") since the last debate was held.
(xix) consider motions (Council Procedure Rules 14.1 to 14.5 (Rules of Debate) do not apply to the consideration of Motions on Notice delivered under Council Procedure Rule 11.0);
(xx) answer questions under Council Procedure Rule 10.2;
(xxi) answer questions under Council Procedure Rule 10.8; and
(xxii) consider any other business specified in the summons to the meeting, including consideration of proposals from the Cabinet in relation to the Council's budget and policy framework and reports of the Policy Development and Performance Monitoring Panels for debate.
3.0 EXTRAORDINARY OR SPECIAL MEETINGS OF THE COUNCIL
Special meetings are meetings that do not form part of the Council's schedule of meetings, and are called for a specific purpose. Extraordinary meetings are meetings called by the Chairman of the Council, or by the requisition of five councillors.
3.1 Calling extraordinary and special meetings.
(This rule cannot be suspended).
Those listed below may request the Chief Executive or in his absence the Director responsible for member services to call extraordinary Council meetings in addition to ordinary meetings:
(i) the Chairman or the Vice-Chairman of the Council
(ii) any five members of the Council (if they have signed a requisition presented to the chairman of the Council and he/she has refused to call a meeting or has failed to issue a notice and summons, within seven days, calling an extraordinary meeting of the council).
Those listed below may call, or instruct the Chief Executive or in his absence the Director responsible for member services to call a special meeting of the Council:
(i) the Council by resolution
(ii) the Head of the Paid Service
(iii) the Monitoring Officer
(iv) the Chief Finance Officer
3.2 Business
No business other than that specified in the summons to the meeting shall be considered at an Extraordinary Meeting. Minutes of a previous meeting will not be signed at an extraordinary meeting.
Where a special meeting has been called, or an extraordinary meeting has been requested in accordance with 3.1 above, the meeting shall not be used to consider business which would normally be considered at an ordinary meeting of the Council unless the business needs to be considered as a matter of urgency.
4.0 TIME AND PLACE OF MEETINGS
The time and place of meetings will be determined by the Chief Executive/Director responsible for member services/Council and notified in the summons.
5.0 NOTICE OF AND SUMMONS TO MEETINGS
(This procedure rule cannot be suspended).
The Chief Executive or Director responsible for member services will give notice to the public of the time and place of any meeting in accordance with the Access to Information Rules. At least five clear working days before a meeting, the Chief Executive or Director responsible for member services will send a summons signed by him or her by post to every member of the Council or leave it at their usual place of residence. The summons will give the date, time and place of the meeting and specify the business to be transacted, and will be accompanied by such reports as are available.
6.0 CHAIRMAN OF MEETING
(This rule cannot be suspended).
The person presiding at the meeting may exercise any power or duty of the chairman. Where these rules apply to committee and sub-committee meetings, references to the chairman also include the chairman of committees and sub-committees.
7.0 QUORUM
(This rule cannot be suspended).
7.1 The quorum of a meeting of the Council will be one quarter of the whole number of members. For committees, sub-committees and Panels it will be one quarter or three, whichever is the greater, except for meetings of the Development Control Committee where the quorum shall be nine members. During any meeting if the chairman 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 chairman. If he/she does not fix a date, the remaining business will be considered at the next ordinary meeting.
7.2 Where the meeting is inquorate for one or more items because a member or members have declared an interest or interests and left the room, then that item or those items shall be deferred until a date and time fixed by the chairman. If he/she does not fix a date, then those items will be considered at the next ordinary meeting. The meeting will not adjourn for any remaining items so long as there is a quorum during consideration of those remaining items.
8.0 DURATION OF MEETING
8.1 Interruption of the meeting.
Unless the majority of members present vote for the meeting to continue (in accordance with Rule 12.1(m) and 12.2(g) post), any meeting that has lasted for 4 hours will adjourn immediately. Remaining business will be considered at a time and date fixed by the chairman. If he/she does not fix a date, the remaining business will be considered at the next ordinary meeting.
9.0 QUESTIONS BY THE PUBLIC
Members of the public will not be entitled to ask questions at meetings of the Council.
10.0 QUESTIONS BY MEMBERS
10.1 On reports of the Cabinet or committees.
A member of the Council may ask the Leader or Portfolio Holder any question without notice upon an item of the report of the Cabinet or the chairman of a committee or Panel (including any non-District Council member who is Chairman of the Standards Committee) any question upon a committee minute or report when that item is being received or is under consideration by the Council.
10.2 Questions on notice at an ordinary or Annual meeting of full Council.
Subject to Rule 10.4, a member of the Council may, at a meeting of the full Council, ask:
- the chairman of the council;
- a member of the Cabinet; or
- the chairman of any committee, sub-committee or Panel
a question on any matter in relation to which the Council has powers or duties or which affects the district.
10.3 Questions on notice at committees, sub-committees and panel meetings
Subject to Rule 10.4, a member of a committee, sub-committee or panel may, at a meeting of that committee, sub-committee or panel, ask the chairman of it a question on any matter in relation to which the Council has powers or duties or which affect the district and which falls within the terms of reference of that committee, sub-committee or panel.
10.4 Notice of questions.
(This rule cannot be suspended).
A member may only ask a question under Rule 10.2 or 10.3 if either:
(a) he/she has given notice in writing of the question to the Chief Executive which must be received not later than 9.00 am three clear working days before the day of the meeting (which shall not include the day of receipt or the day of the meeting); or
(b) the question relates to urgent matters, he/she has the consent of the chairman or member of the Cabinet to whom the question is to be put and the content of the question is given to the Chief Executive by midday on the day of the meeting.
10.5 Response
An answer to a question under Rule 10.2 or 10.3 may take the form of:
(a) where the desired information is in a publication of the Council or other published work, a reference to that publication; or
(b) a written answer circulated at the meeting or later to the questioner and all members. The answer may also be read out at the meeting in addition to a circulated written reply.
The question shall be put and answered without discussion, but the person to whom the question is addressed may decline to answer.
10.6 Supplementary question
A member asking a question under Rule 10.2 or 10.3 may ask one supplementary question, without notice, of the member to whom the first question was put. The supplemental question must arise directly out of the original question or the reply.
10.7 Response to Supplementary question
An answer to a supplementary question under Rule 10.6 may take the form of:
(a) a direct oral answer;
(b) where the desired information is in a publication of the Council or other published work, a reference to that publication; or
(c) where the reply cannot conveniently be given orally, a written answer circulated later to the questioner and all other members.
The question shall be put and answered without discussion, but the person to whom the question is addressed may decline to answer.
10.8 Questions without notice to Cabinet members
(Except for Rule (h) below this Rule cannot be suspended.)
(a) A member of the Council may ask the Leader or appropriate portfolio holder any question without notice on any matter within the Leader's or portfolio holder's area of responsibility. When asking the question the member shall state why he/she believes the particular portfolio holder is responsible for answering it.
(b) The Cabinet member to whom a question is put may, with the consent of the chairman of the meeting, ask that another Cabinet member answers the question if it is considered that the other Cabinet member is the appropriate portfolio holder to answer it but reasons must be given.
(c) If the portfolio holder to whom the question is put is unable to answer the question a reply may be given by the Leader of the Council or in his/her absence the Deputy Leader.
(d) A member asking a question under this Procedure Rule may ask one supplementary question, without notice, of the portfolio holder who answered the original question. The supplementary question must arise directly out of the original question or the reply.
(e) Answers to questions or supplementary questions under this Procedure Rule shall take the form of:
(i) a direct oral reply; or
(ii) with the consent of the chairman of the meeting, a written answer where it is of a technical nature. Answers given in writing shall be given within five working days and shall be sent to all members.
(f) Questions and supplementary questions shall be put and answered without discussion.
(g) Members wishing to ask a question under this Procedure Rule shall indicate such a wish by raising his/her hand. The chairman of the meeting shall determine the order for asking questions subject to the leader of the opposition group (or in his/her absence the deputy leader) being afforded the right to ask the first question. Where there is more than one opposition/minority group the leader of each group shall be afforded the right to ask a question at each meeting and the order shall be determined by the size of the group, the leader of largest group being given priority. Subject to (h) below, there shall be no limit on the number of questions that any member, including the Leader of the opposition or minority groups, shall be permitted to ask.
(h) The period for questions under this Procedure Rule shall be limited to not more than 30 minutes per meeting, subject to the right for the Council to suspend this in accordance with Article 15.
MOTIONS AND RULES OF DEBATE
11.0 MOTIONS ON NOTICE
(Council Procedure Rules 14.1 to 14.5 (Rules of Debate) do not apply to Motions on Notice delivered under this Rule).
11.1 Notice
Except for motions which can be moved without notice under Rule 12, written notice of every motion, signed by at least one member, must be delivered to the Chief Executive or the Director responsible for member services not later than 6 clear working days (that is, not counting the day of the meeting or the day of receipt) before the date of the meeting. 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 giving notice states, in writing, that he/she proposes to move it to 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 district.
12.0 MOTIONS WITHOUT NOTICE
(This rule cannot be suspended).
12.1 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;
(c) to change the order of business on the agenda;
(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) proposals in respect of any report or agenda item from a member or officer seeking a decision, including the adoption or amendment of any recommendation contained in the report;
(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 until later in the meeting or until a later meeting;
(l) to adjourn a meeting;
(m) that the meeting continue beyond four hours in duration;
(n) to suspend a particular council procedure rule, except those that cannot be suspended;
(o) to exclude the public and press in accordance with the Access to Information Rules;
(p) not to hear further a member named under Rule 20.3 or to exclude them from the meeting under Rule 20.4; and
(q) to give the consent of the Council where its consent is required by this Constitution.
(12.2) Motions which may be moved during debate (Procedural Motions)
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;
(c) to proceed to the next business;
(d) that the question be now put;
(e) to adjourn a debate until later in the meeting or to a later meeting;
(f) to adjourn a meeting;
(g) that the meeting continue beyond four hours in duration;
(h) to exclude the public and press in accordance with the Access to Information Rules; and
(i) not to hear further a member named under Rule 20.3 or to exclude them from the meeting under Rule 20.4.
12.3 Closure motions
(a) If a motion to proceed to next business is seconded and the chairman considers the item has been sufficiently discussed, he or she will give the mover of any original motion a right of reply and then put the procedural motion to the vote.
(b) If a motion that the question be now put is seconded and the chairman considers the item has been sufficiently discussed, he/she will put the procedural motion to the vote. If it is passed he/she will give the mover of the original motion a right of reply before putting his/her motion to the vote.
(c) If a motion to adjourn the debate or to adjourn the meeting is seconded and the chairman considers the item has not been sufficiently discussed and cannot reasonably be so discussed on that occasion, he/she will put the procedural motion to the vote without giving the mover of any original motion the right of reply.
12.4 Motion to rescind a previous decision
(This rule cannot be suspended).
A motion or amendment to rescind a decision made at a meeting of Council within the past six months cannot be moved unless the notice of motion is submitted in accordance with Council Procedure Rule 11.1 and is signed by at least 13 members.
12.5 Motion similar to one previously rejected
(This rule cannot be suspended).
A motion or amendment in similar terms to one that has been rejected at a meeting of Council in the past six months cannot be moved unless the notice of motion or amendment is submitted in accordance with Council Procedure Rule 11.1 and is signed by at least 13 members. Once the motion or amendment is dealt with, no one can propose a similar motion or amendment for six months.
13.0 AMENDMENTS TO MOTIONS
(This rule cannot be suspended).
(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 delete words;
(iii) to delete words and/or insert or add others;
(iv) to insert or add words
as long as the effect of (ii) (iii) and (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.
(c) If an amendment is not carried, other amendments to the original motion may be moved.
(d) 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.
(e) 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.
13.1 Alteration of motion
(a) A member may alter a motion of which he/she has given notice with the consent of the meeting. The meeting's consent will be assumed if no objections are raised.
(b) A member may alter a motion which he/she has moved without notice with the consent of both the meeting and the seconder. The meeting's consent will be assumed if no objections are raised.
(c) Only alterations which could be made as an amendment may be made.
13.2 Withdrawal of motion
A member may withdraw a motion which he/she has moved with the consent of both the meeting and the seconder. The meeting's consent will be assumed if no objections are raised. No member may speak on the motion after the mover has asked permission to withdraw it unless permission is refused.
14.0 RULES OF DEBATE
Rules 14.1 to 14.5 below do not apply to the consideration by Full Council of:
- Matters considered under Council Procedure Rules 1.1 (ix) or (xiii), and 2.0 (vii), (xii), (xiv), (xv), (xvi) or (xvii).
- Motions on Notice delivered under Council Procedure Rule 11.0 as referred to under Council Procedure Rule 2.0 (xix).
14.1 No speeches until motion seconded
No speeches may be made until after the mover has proposed a motion, explained the purpose of it, and the motion has been seconded.
14.2 Right to require motion in writing
Unless notice of the motion has already been given, the chairman may require it to be written down and handed to him/her before it is discussed.
14.3 Seconder's speech
When seconding a motion or an amendment to a motion, a member may reserve his/her speech until later in the debate.
14.4 Content and length of speeches
Speeches must be directed to the question under discussion or to a personal explanation or point of order. Except with the consent of the Chairman, and in accordance with Rule 14.5 below, a member may not speak for more than 5 minutes when proposing and explaining the purpose of a motion, or 3 minutes in all other cases.
14.5 When a member may speak
A member may speak as follows:
(a) once when proposing a motion (5 minutes);
(b) once on an amendment moved by another member (3 minutes);
(c) to move an amendment (3 minutes);
(d) in exercise of a right of reply:
- 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 (3 minutes).
- If an amendment is moved, the mover of the original motion has the right of reply at the close of the debate on the amendment, but may not otherwise speak on it (3 minutes).
- The mover of the amendment has no right of reply to the debate on his or her amendment.
(e) on a point of order;
(f) by way of personal explanation; and
(g) To move or second a procedural motion under Rule 12.
14.6 Point of order
A member may raise a point of order at any time. The chairman will hear the point of order immediately. A point of order may only relate to an alleged breach of these Council Rules of Procedure or the law. The member must indicate the rule or law and the way in which he/she considers it has been broken. The ruling of the chairman on the matter will be final.
14.7 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 which may appear to have been misunderstood in the present debate. The ruling of the chairman on the admissibility of a personal explanation will be final.
15.0 STATE OF THE DISTRICT DEBATE
15.1 Calling of debate
The Leader may call a state of the district debate annually on a date and in a form to be agreed with the chairman.
15.2 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 district debate.
15.3 Chairing of debate
The debate will be chaired by the chairman.
15.4 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.
16.0 VOTING
16.1 Majority
(This rule cannot be suspended).
Unless this Constitution provides otherwise, any matter will be decided by a simple majority of those members voting and present in the room at the time the question is put.
16.2 Chairman's casting or second vote
(This rule cannot be suspended).
If there are equal numbers of votes for and against, the chairman will have a second or casting vote. There will be no restriction on how the chairman chooses to exercise a casting or second vote.
16.3 Show of hands
(This rule cannot be suspended).
Unless a recorded vote is demanded under Rules 16.4 or 16.5, the chairman will take the vote by show of hands, or if there is no dissent, by the affirmation of the meeting.
16.4 Recorded vote
(This rule cannot be suspended).
If 5 members present at the meeting demand it, the names for and against the motion or amendment or abstaining from voting will be taken down in writing and entered into the minutes.
16.5 Right to require individual vote to be recorded
(This rule cannot be suspended).
Where any member requests it immediately after the vote is taken, their vote will be so recorded in the minutes to show whether they voted for or against the motion or abstained from voting.
16.6 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.
17.0 MINUTES
17.1 Signing the minutes
The chairman will sign the minutes of the proceedings at the next suitable meeting (including the Annual meeting of the Council). The chairman will invite a member to move that the minutes of the previous meeting be signed as a correct record. The only part of the minutes that can be discussed is their accuracy.
17.2 No requirement to sign minutes of previous meeting at extraordinary or special meeting
(This rule cannot be suspended).
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.
17.3 Form of minutes
The minutes will contain a brief summary of the item under discussion, together with a summary of the views of officers and members. Individual motions and amendments will not be recorded if they fall, unless they are the subject of a recorded vote requisitioned under Rule 16.4 above. Any motion or substantive motion that is approved will be recorded in the minutes.
18.0 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. The names of members present at a meeting or part of a meeting will be recorded in the minutes.
19.0 EXCLUSION OF THE PRESS AND PUBLIC
(This rule cannot be suspended).
Members of the press and public may only be excluded either in accordance with the Access to Information Rules in Part 4 of this Constitution or Rule 21 (Disturbance by Public).
20.0 MEMBERS' CONDUCT
20.1 Standing to speak
When a member speaks at full Council he/she must stand and address the meeting through the chairman. If more than one member stands, the chairman 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.
20.2 Chairman standing
When the chairman stands during a debate, any member speaking at the time must stop and sit down. The meeting must be silent.
20.3 Member not to be heard further
If a member persistently disregards the ruling of the chairman by behaving improperly or offensively or deliberately obstructs the business, the chairman may move that the member be not heard further. If seconded, the motion will be voted on without discussion.
20.4 Member to leave the meeting
If the member continues to behave improperly after such a motion is carried, the chairman 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.
20.5 General disturbance
If there is a general disturbance making orderly business impossible, the chairman may adjourn the meeting for as long as he/she thinks necessary.
21.0 DISTURBANCE BY PUBLIC
21.1 Removal of member of the public
If a member of the public interrupts proceedings, the chairman will warn the person concerned. If he/she continues to interrupt, the chairman will order their removal from the meeting room.
21.2 Clearance of part of meeting room
If there is a general disturbance in any part of the meeting room open to the public, the chairman may call for that part to be cleared.
