Standing Orders p2
3. Minutes of proceedings
Keeping Minutes as evidence etc.
3.1 Action Minutes of the decisions of a Meeting of the Council, or a Committee, shall be drawn up and kept by the Clerk & Chief Executive in line with the Protocol for the recording and operation of remote Meetings, Appendix 6, as applicable. Minutes of meetings will be condensed, reflecting key points and succinct actions to be taken.
The written record of Council decisions includes the reports, background papers or other documents forming part of those decisions.
Action Minutes will reflect a record of the decisions made and the reasons for the decisions.
3.2 No discussion shall take place upon the Minutes of Council except upon their accuracy.
3.3 Any signed minute referred to in Standing Order 3.1 shall be received in evidence without further proof.
3.4 Until the contrary is proved, a Meeting of the Council or of a Committee or Sub-Committee in respect of the Minutes which have been made and signed shall be deemed to have been duly convened and held.
All the Members present at the Meeting shall be deemed to have been duly qualified, and where the proceedings are of a Committee or Sub-Committee, the Committee or Sub-Committee shall be deemed to have been duly constituted and to have had power to deal with the matter referred to in the Minutes.
Signing Minutes
3.5 The Minutes of a Meeting of the Council and Standing Committees shall be signed at the next Meeting of the Council by the Chairperson, if approved by that Meeting.
Submission of Minutes
3.6 The Council will not consider Minutes of a Committee Meeting for approval if that Meeting is held less than five working days before the date of the Council Meeting.
This may be dis-applied where a Committee considers the matter to be of extreme urgency and records such a decision in its minutes.
3.7 The Clerk & Chief Executive will also make available a decision log within five working days of the Council or Committee Meeting.
3.8 When a Committee’s Minutes are submitted for approval the Chairperson of that Committee, or his/her representative, shall draw the Council’s attention to any resolution or matter of an unusual or special character of those Minutes.
Minutes of Committees
3.9 A Motion or Amendment shall not be made or proposed, or any discussion allowed on the Minutes of Committees on any matter within the remit of a Committee, for which they exercised delegated powers.
3.10 The minutes of a Committee referencing decisions taken under delegated authority will be approved for accuracy, the minutes adopted and the decision noted.
3.11 The minutes of a Committee referencing recommendations to Council will be approved for accuracy, the minutes adopted and any recommendations to Council may then be ratified as a decision of Council.
3.12 Council may choose to adopt and approve the minutes of a Committee or amend a recommendation of a Committee or refer a matter back to a Committee however any regulatory decisions taken by the Planning Committee or the Neighbourhoods and Communities Committee under delegated powers cannot be amended or referred back to Committee.
3.13 Any Member wishing to raise an issue regarding any matters appearing in the Minutes submitted to Council for approval must state his/her request in writing to the Clerk & Chief Executive, or relevant Director or Head of Service, to ensure it is received by the Chairperson of the Committee twenty-four hours before the commencement of the Council Meeting.
The Member shall then be entitled to a reply from the Chair of the particular Committee.
3.14 If an issue is raised at the Meeting regarding any matter in the Minutes, without written notice, discussion of that issue shall only be permitted at the discretion of the Mayor, or in their absence the Deputy Mayor or presiding Member of Council.
3.15 Any matter in the Minutes of a Committee on which a request for reconsideration under Section 41 of the 2014 Act (Call-in) has been lodged with the Clerk & Chief Executive of the Council shall be identified and will not be the subject of discussion at that meeting.
4. Motions (Rules of debate in Standing Order 7 apply)
A motion is about a matter for which the Council has a responsibility or which affects the Borough.
It is put before a Council meeting for discussion or debate.
The motion can be to adopt a certain course of action, to do an act or to declare a particular attitude.
Following agreement at Council, where relevant, all Notices will be subject to a robust assessment in order to ensure all procedural, and legal and financial issues are fully addressed.
This assessment process will be carried out by the Clerk & Chief Executive, supported by the relevant senior officers and/or legal advice.
This information will be brought back to Council or Committee for final approval.
4.1 Every Motion shall:
(a) be relevant to some matter in relation to which the Council has power or duties; or
(b) relate to a matter which directly affects the local government Borough or its residents.
4.2 The Council shall not consider or discuss any Motion relating to matters which are:
(a) ultra vires the duties and responsibilities of the Council; or
(b) outside the legal competence of the Council [8]
This will be determined by the Clerk & Chief Executive, or Director, and the proposer and seconder of the motion will be notified by the Chief Executive in writing.
On Notice
4.3 Notice of every Motion, other than a Motion which may be moved without notice (under Standing Order 4.11), shall be submitted in writing (which includes electronic correspondence [9]) under Standing Order 4.1.
It must be signed by the Members of the Council giving the notice and submitted to the Clerk & Chief Executive a minimum of five working days before the next Meeting of the Council.
The meaning of the Motion must be clear otherwise it shall be rejected.
If rejected it can be resubmitted in clear language but not later than five working days before the Meeting.
- [8] The Clerk and Chief Executive should seek legal advice if necessary.
- [9] Electronic correspondence must be from the Elected Member’s designated Council email address.
4.4 A Motion shall be rejected if the wording or nature of the Motion is considered unlawful or improper.
4.5 All notices shall be dated and numbered as received and entered in a register to be kept for that purpose.
This register shall be open to inspection by every Member of the Council.
4.6 A Notice of Motion shall be entered by the Clerk & Chief Executive in their proper place upon the summons paper in the order in which they are received, subject to compliance with the Protocol to Assess and Process a Notice of Motion.
The Clerk & Chief Executive will not ordinarily accept more than two notices per meeting.
4.7 If a Motion set out in the summons is not moved either by a Member who gave notice, or by some other Member on his/her behalf, it shall, unless postponed by consent of the Council, be treated as withdrawn and shall not be moved without fresh notice.
4.8 If the subject matter of any Motion for which notice has been properly given comes within the remit of any Committee it shall, upon being appropriately proposed, - and seconded and carried by majority vote be - referred without discussion to that Committee, or to such other Committee as the Council may determine, for consideration and report.
The presiding Chairperson may, if he/she considers it urgent and necessary to the completion - of business, allow the Motion to be dealt with at the Meeting at which it is brought forward.
4.9 If a Notice of Motion fails to be considered at a Meeting of the Council, it will only be included on the summons paper for the following Meeting if submitted in writing to the Clerk & Chief Executive by the Member concerned and not later than five working days before the next Council Meeting.
4.10 Any Notice of Motion which fails to be considered at two consecutive Meetings will not be accepted for inclusion on the summons paper for a period of six months from the date of the second Meeting at which the matter has failed to be considered, unless in exceptional circumstances.
Without Notice
4.11 The following Motions may be moved without notice:
a) To appoint a Chairperson 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 an issue(s) to an appropriate body or individual;
e) To appoint a Committee or Members thereof arising from an item on the summons for the Meeting;
f) To receive reports of adoption of recommendations of Committees or Officers and any resolutions flowing from them;
g) To withdraw a Motion;
h) To proceed to next business;
i) That the question be now put;
j) To adjourn the debate;
k) To adjourn a Meeting;
l) To suspend Standing Orders, in accordance with Standing Order 16;
m) To exclude the public and the press in accordance with S42 of 2014 Act; and
n) To not hear further a Member named under Standing Order 14.3 or to exclude them from the Meeting under Standing Order 14.4.
5. Amendments
5.1 When a Motion or a proposal is under debate at any Meeting of the Council, an Amendment or further Motion shall not be received, with the exception of the following:
a) To amend the proposal; or
b) That the Council do now adjourn; or
c) That the debate be adjourned; or
d) That the question be now put; or
e) That the Council do proceed to the next business.
To Amend the Proposal
5.2 An Amendment must be legitimate and within the scope of the notice convening the Meeting.
It must not be a direct negative and must be relevant to the proposal which it seeks to amend.
It also cannot be inconsistent with anything already agreed upon at the same Meeting.
An Amendment must relate solely to the proposal, and not be, in effect, a new proposition on a different matter.
It must also not place a greater responsibility on the Meeting than the original proposal.
5.3 An Amendment to a Motion shall be either:
a) To refer a subject of debate to a Committee or to an Officer for consideration or re-consideration;
b) To leave out words;
c) To leave out words and insert others; or
d) To insert additional words;
but such omission, insertion or addition of words shall not have the effect of directly negating the Motion before the Council.
5.4 a) When an Amendment upon an original proposal has been moved, the question to be put shall be “That the Amendment be made”.
b) Where any Amendment is agreed, the question to be put shall be “That the proposal, as amended, be agreed”.
c) Where any Amendment is rejected the question of the substantive proposal shall be put.
That the Council do Now Adjourn
5.5 Any Member of the Council who has not already spoken to the proposal or Amendment then under debate may move “that the Council do now adjourn”.
Such a proposal must be seconded by another Member who has also not spoken on the proposal or amendment.
The proposal does not need to be submitted in writing.
The mover and seconder shall not speak beyond formally moving and seconding the proposal, which shall be put to the vote without debate.
5.6 In the event of the proposal for the adjournment being carried, the Chairperson shall (unless stated in the proposal) notify members within two working days the date for the adjourned Meeting for the continuation of the debate on the proposal or Amendment under discussion, and for the transaction of the remaining business (if any) on the agenda for the Meeting so adjourned.
5.7 If the proposal is not carried, a second proposal “that the Council do now adjourn” shall not be made within half-an-hour unless, in the opinion of the Chair, the circumstances are materially altered.
That the Debate be Adjourned
5.8 Any Member of the Council who has not already spoken to the proposal or Amendment then under debate may move “that the debate be adjourned”.
Such a proposal must be seconded by another Member who has also not spoken on the proposal or amendment.
The proposal does not need to be submitted in writing.
The mover and seconder shall not speak beyond formally moving and seconding it.
5.9 Before putting to the Meeting a proposal “that the debate be adjourned”, the Chairperson presiding shall call on the mover of the proposal or Amendment under discussion to reply on the question of adjournment and, after such reply, a maximum of 2 minutes, subject to the discretion of the Chair, such time limit may be extended which will not prejudice the right of the mover of a proposal to reply on the original question, the Chairperson presiding shall put the proposal for adjournment of the debate without further debate.
5.10 If the proposal is carried, the Council shall proceed to the next agenda item, and the discussion of the adjourned debate shall be resumed at the next Meeting of the Council unless a special Meeting of the Council shall be called for the purpose.
5.11 On resuming an adjourned debate, the Member who moved its adjournment shall be entitled to speak first.
A second proposal “that the debate be adjourned” shall not be made within half-an-hour.
A Member shall not move or second more than one proposal for the adjournment of the same debate.
That the Question be Now Put
5.12 Any Member who has not already spoken to the proposal or Amendment then under debate may move “that the question be now put”.
Such a proposal must be seconded by another Member who has also not spoken on the proposal or amendment.
The proposal does not need to be submitted in writing.
The mover and seconder shall not speak beyond formally moving and seconding it.
5.13 If the Chairperson is of the opinion that the subject before the Council has been sufficiently discussed, he/she shall put the proposal “that the question be now put” to the vote without debate.
If this proposal is carried, the proposal or Amendment under discussion shall be put to the Council.
5.14 If the proposal is not carried, a second proposal “that the question be now put” shall not be made on the discussion of the same question within half-an-hour.
5.15 The - Member who proposed or seconded “that the question be now put” at 5.12 shall not move or second - a further proposal “that the question be now put” on the discussion of the same question.
That the Council do Now Proceed to the Next Business
5.16 Any Member of the Council who has not already spoken to any proposal or Amendment then under debate may move, “that the Council do proceed to the next business”.
Such a proposal must be seconded by another Member who has also not spoken on the proposal or amendment.
The proposal does not need to be submitted in writing.
The mover and seconder shall not speak beyond formally moving and seconding the proposal which shall be put to the vote without debate.
5.17 If the Chairperson is of the opinion that the subject before the Council has been sufficiently discussed, he/she shall put the proposal “that the Council do proceed to the next business” to the vote without debate.
5.18 When a proposal is carried “that the Council do proceed to the next business”, the question under discussion shall be considered as dropped.
5.19 If the proposal is not carried, a second proposal “that the Council do proceed to the next business” shall not be made on the same question within half-an-hour.
5.20 The Member who proposed or seconded “that the Council do proceed to the next business” shall not move or second - a further proposal “that the Council do proceed to the next business” on the discussion of the same question.
Amendment to Regulatory Decisions
5.21 No Amendment may be moved to a Minute which is a Regulatory Decision.
5.22 For the purposes of these Standing Orders, a Regulatory Decision is:
- a determination of an application for planning permission or any decision, determination, action, direction, order, approval, refusal, or enforcement action in exercise of powers of the Council as a local planning authority; or
- any application for which the Council is the licensing authority; or
- any decision made in relation to Council’s regulatory functions [10]
- [10] Please reference Protocol for the Operation of the Planning Committee provided as an appendix to Standing Orders.