Standing Orders
Hagworthingham Parish Council
Standing Orders
1. Councillors
1.1 Following election or co-option to the Council, each Councillor will be issued with a copy of the Code of Conduct and Standing Orders of the Council. They will sign
the form of Declaration of Acceptance of Office in the presence of the Clerk of the
Council, or of an elected Councillor.
1.2 All Councillors will observe the Code of Conduct at all times when on Council business and no member will act in such a way that will bring the Council into disrepute, behave offensively in meetings or obstruct the Council’s business.
1.3 On taking up office a Councillor will be supplied with the statutory form for
registering “disclosable pecuniary interests”. This will be returned to the
Monitoring Officer within 28 days of taking up office.
2. Annual Meetings
2.1. Annual Parish Council Meeting (APCM)
2.1.1 If the Annual Parish Council Meeting (APCM) is in an election year it must be held within 14 days after that election. If it is not an election year then the meeting will take place on an appropriate day in May.
2.1.2 If the outgoing Chairman is available then he/she will preside until a new Chairman has been elected. The first business of the APCM will be the election of the Chairman (and Vice Chairman, if appropriate) and to receive their acceptance of office. If appropriate, the meeting will also elect a Responsible Finance Officer (RFO).
2.1.3 In an election year, if the current Chairman of the Council has not been re-elected as a member of the Council, he shall preside at the meeting until a successor Chairman of the Council has been elected. The current Chairman of the Council shall not have an original vote in respect of the election of the new Chairman of the Council but must give a casting vote in the case of an equality of votes.
2.1.4 In an election year, if the current Chairman of the Council has been re-elected as a member of the Council, he shall preside at the meeting until a new Chairman of the Council has been elected. He may exercise an original vote in respect of the election of the new Chairman of the Council and must give a casting vote in the case of an equality of votes.
2.2. Annual Parish Meeting (APM)
2.2.1 An Annual Parish Meeting will be held between 1 March and 1 June
(inclusive) at which the Chairman and RFO will report on the activities of the
Parish Council
2.2.2 Reports will also be requested from the County and District Councillor and representatives of appropriate village organizations
2.2.3 A notice of the meeting will be displayed no less than 7 days prior to the meeting
3. Meetings
3.1 Meetings will be held in appropriate, accessible accommodation. Unless no other, reasonably priced, accommodation is available the meetings will not be held in premises used for the supply of alcohol.
3.2. An agreed frequency of meetings will be decided at the Annual Meeting and Councillors will be advised of the meetings by the issue of a summons and agenda delivered by post or by hand. The agenda may be delivered by email provided the Council has previously agreed to this. In any case the agenda must be issued at least three clear working days (excludes Sundays and Bank Holidays) before the meeting.
3.2.1 An Extraordinary Meeting may be called at any time by the Chairman or by a
written request to the Chairman signed by two Councillors.
3.2.2 If the Chairman of the Council does not or refuses to call an extraordinary meeting of the Council within 7 days of having been requested to do so by two councillors, those two councillors may convene an extraordinary meeting of the Council. The statutory public notice giving the time, venue and agenda for such a meeting must be signed by the two Councillors.
3.3. Public notices will be posted in conspicuous places informing members of the public of the venue, time, date and business to be transacted at the meeting. The notice will be posted at least three clear working days before the meeting.
3.4. Meetings will be open to the public and press but they may be temporarily excluded from the meeting, by resolution of the Council, if the business is regarded as confidential.
3.5. There will be an open forum at the beginning of each meeting where members of
the public may contribute in line with the Council’s ‘Guidelines on Public Participation’. Members of the public may also speak during meetings at the discretion of the Chairman.
3.6. The agenda for the meeting will be agreed by the Clerk, Chairman and Vice Chairman as appropriate. The agenda will always include an item to enable Councillors to declare interests.
3.7. The Council may only take decisions on items clearly specified on the agenda; if agreed by the chairman, any urgent items which are not on the agenda may be discussed, but no decision may be made, at that meeting.
3.8. The Chairman of the Council will preside at the meeting and will be responsible for the conduct of that meeting. If the Chairman is not present then the Vice Chairman will preside. If they are not present then the first matter on the agenda will be the election of an appropriate Councillor who will chair the meeting. Whoever chairs
the meeting will assume the duties of the Chairman for the meeting.
3.8.1 Subject to standing orders which indicate otherwise, anything authorised or required to be done by, to or before the Chairman may in his absence be done by, to or before the Vice-Chairman (if any).
3.9. The quorum for the Council will be one third of the total Councillor places but in any case not fewer than 3. If there be insufficient members present then no business will be transacted and a fresh notice will be issued to reconvene the meeting at a later date.
3.10 If at any time during the meeting it ceases to be quorate then the meeting will be adjourned and any further business carried forward to the meeting when next convened.
3.11. Voting at the meeting shall be by a show of hands unless a majority of Councillors request a ballot. Only the proposer and seconder will be recorded in the minutes unless a Councillor requests that their vote be noted. A Councillor may also
request that the Clerk records how each Councillor has voted, including abstentions. Any request of this nature will be made before moving on to the next business.
3.11.1 Any amendments must be proposed and seconded and are restricted to the addition and/or deletion of words.
3.11.2 Correctly moved amendments will be voted on prior to the substantive motion
and, if accepted, will replace that motion.
3.12 In cases of equal votes the Chairman (or other person presiding) will have
a second or casting vote.
3.13 Minutes of the meeting will be kept by the Clerk or other nominated person in the Clerk’s absence. The minutes of a meeting must be circulated to all members as soon as practicable and referred to the next meeting for agreement and signing by the Chairman.
3.13.1 The minutes of the meeting shall record the names of Councillors present and absent.
3.14. If a Councillor has a disclosable interest in an item of business, a statement can
be made to the Parish Council meeting but then the person must leave the
meeting while discussions take place.
4. Finance
4.1. Responsible Finance Office (RFO)
4.1.1.The Responsible Finance Officer is a statutory office and appointed by the Council. The Clerk of the Council or a Councillor will take on this role of managing the Council’s financial affairs in accordance with Proper Practices.
4.2. Estimates and Precept
4.2.1.The RFO will compile estimates of income and expenditure annually for the Council’s consideration. The Council will review the budget not later than the end of December in preparation for the precept being agreed, and submitted to the Collection Authority in January. During the year the budget will be reviewed against actual expenditure and income. Amendments to the budget will be discussed in Council and changes minuted.
4.3. Income and Expenditure
4.3.1 The RFO will supply regular updates of income and expenditure throughout the year and detail actual figures against estimate. Significant underspends or overspends will be brought to the attention of the Council and action taken to address any discrepancies.
4.4. Accounting and Audit
4.4.1 The RFO will determine all accounting procedures and financial records of the
Council in accordance with the Financial Regulations.
4.4.2 The RFO will complete the annual financial statements of the Council including the Annual Return as soon as practicable after the end of the financial year and will submit and report on them to the Council. The Council will review each year and ensure that there is an adequate, effective system of internal audit of the Council’s accounting, financial and other procedures in line with Proper
Practice.
4.4.3 An Internal Auditor will be appointed by the Council to carry out the work required to comply with the Proper Practice. The person appointed will be competent and independent of the operation of the Council.
4.4.4 The RFO will submit the Annual Return to the External Auditor by the due date, ensuring the return is complete.
4.5. Banking Arrangements and Cheques
4.5.1 The Council’s banking arrangements, including the Bank Mandate, will be made by the RFO and approved by the Council. They will be regularly reviewed for efficiency.
4.5.2 A resolution of the Council will nominate at least three members to be authorised by the Council to sign cheques.
4.5.3 All items of expenditure will be authorised by the Council and the payments approved. The RFO will examine invoices and verify and certify the expenditure. Cheques will be completed for all transactions and signed by two authorised Councillors.
4.6. Loans and Investments
4.6.1 All loans and investments will be negotiated in the name of the Council and will be set for a period approved by the Council.
4.6.2 All borrowings will be in the name of the Council and will not be entered into until necessary approvals have been given. Any application will be approved by Council, especially the terms and purpose. These terms must be reviewed annually.
4.6.3 All investments of money under the control of the Council will be in the name of the Council and all certificates or other documents will be retained by the RFO.
4.7. Contracts and Purchase Orders
4.7.1 An official order or letter will be issued for all work or service paid for by the
Council. All Councillors and officers are responsible for obtaining good value for money at all times. An officer placing an order on behalf of the Council will ensure that good value and appropriate terms are obtained for the transaction.
4.7.2 Orders will be placed and quotations obtained in accordance with adopted Financial Regulations. Contracts exceeding £50,000 require additional safeguards and will follow Best Practice.
4.7.3 All estimates will be approved by the Council; while the Council is not obliged to accept the lowest quotation the reasons for accepting the quotation will be recorded.
4.8. Assets
4.8.1 The RFO will ensure that an appropriate and accurate Register of Assets is maintained by the Council. It will be reviewed at least annually, in conjunction with a health and safety inspection of assets if appropriate.
4.9 VAT
4 .9.1 The RFO will promptly complete any VAT Return that is required. Any repayment claim due in accordance with the VAT Act 1974 section 33 will be made at least annually coinciding with the financial year.
5. Insurance
5.1 Following the annual risk assessment the Council will review the level of insurance cover and ensure it is adequate and appropriate for the activities of the Council. Minimum cover will include Public Liability and Employers Liability.
6. Risk Assessment
6.1 A risk assessment will be undertaken annually of all the activities of the Council and a report approved by the Council. This assessment will also cover the appropriateness of the internal audit arrangements. The Risk Assessment will be reviewed annually.
6.2 If the Council undertakes a new activity not covered by the existing risk assessment an assessment will be undertaken before the activity commences.
7. Freedom of Information
7.1 The Council is subject to the Freedom of Information Act. The Clerk will ensure the Council conforms to the requirements of the Act allowing public access to the appropriate documents. A scale of charges for supplying requested documents will be published on the Council web-site.
8. Clerk to the Council
8.1 The Council will appoint a Clerk to the Council which will be on an employed basis, unless the Clerk is a member of the Council, acting in an unpaid capacity.
8.2 The Clerk will act as the Proper Officer of the Council, and he/she will receive the Declarations of Acceptance of Office and notices disclosing interests; sign documents on behalf of the Council and issue agendas and notices of meetings; receive and distribute plans and documents on behalf of the Council; and also advise the bank of changes to mandates with the bank.
8.3 The Clerk may be designated as the Responsible Financial Officer.
8.4 As an employee of the Council the Clerk is covered by employment legislation dealing with employment rights, discrimination in employment, unfair dismissal, redundancy and similar matters. The Clerk will therefore have a contract of employment stating the terms and conditions under which he/she is employed. This will effectively be administered by the Chairman or designated Councillor acting with the authority of the Council.
9. Working Parties
9.1 The Council from time to time may set up Working Parties to undertake work on behalf of the Council. The Council will set the Terms of Reference, and they will report periodically to the Council.
10. Emergency Business
10.1 Should it not be appropriate to convene a special meeting then any emergency business will be handled by the Clerk, in consultation with the Chairman and one other Councillor. Actions will be reported promptly to the Council.
11. Alteration or Reversal of previous decisions
11.1 Decisions of the Council will not be revised within 6 months, except where a special item is placed on the agenda bearing the name of two Councillors, and is considered and approved by the Council.
12. Standing Orders
12.1 These and any other standing orders will be reviewed annually by the Clerk and the Chairman, and any amendments will be decided by the Council.
12.2 During the course of meetings of the Council, the Chairman’s decision as to the interpretation of the standing orders will be final. In cases of doubt, the Council will seek the advice of the Lincolnshire Association of Local Councils.
12.3 The Council may resolve to suspend a Standing Order, in order to progress the business of the Council, and such decision will be included in the minutes. The suspension will not be taken lightly and it will be time-limited.
Last review date: 11 May 2020
Next review date: 4 May 2021
Signed:
Cllr Richard Hammond
Chairman