Standing Orders p4

10. Positions of Responsibilty [13] etc. – Time limits (Mandatory)

10.1 Subject to Standing Order 10.2, in relation to positions of responsibility selected in accordance with paragraphs 2(1) and 2(2) of Schedule 1 of the 2014 Act, the period specified for –

a) The nominating Officer to select a position of responsibility and the term for which it must be held; and

b) The person nominated to accept the selected position is 15 minutes.

10.2 An extension to the period specified in Standing Order 10.1 may be granted subject to the approval of the Council. Such an extension may be requested by

a) The nominating Officer;

b) The person nominated to hold the selected position; or

c) Another Member.

  • [13] Local Government (Northern Ireland) Act 2014, Part 3, S6(1) – In relation to a Council the following are positions of responsibility:
    • Chair of the Council;
    • Deputy Chair of the Council;
    • Chair of any Committee of the Council;
    • Deputy Chair of any Committee of the Council;
    • Member of a cabinet style executive of the Council;
    • External representative of the Council.
  • A list of the Council’s position of responsibility is maintained by the Clerk & Chief Executive and is made available as an appendix to the Standing Orders.

11. Appointment of more than one Committee (Mandatory)

11.1 Where the Council appoints more than one Committee at the same Meeting in accordance with paragraph 5 of Schedule 2 to the 2014 Act, for the purposes of determining the number of places that must be allocated across the parties and independent Members of the Council, it must agree –

a) The number of Committees to be appointed; and

b) The number of Councillors that shall constitute the Membership of each Committee.

11.2 The total number of places to which a nominating Officer of a party may nominate Members who stood in the name of that party when elected must be calculated in accordance with paragraphs 2 to 4 of Schedule 2 to the 2014 Act and any resolution of the Council made thereunder.

11.3 A nominating Officer’s function under paragraph 2(1)(b) of Schedule 2 to the 2014 Act shall be exercised in such manner as to ensure that –

a) All Members of a Committee are not nominated by the same nominating Officer;

b) A nominating Officer of a party may nominate Members who stood in the name of that party to fill the majority of places on a Committee, if the majority of Members stood in the name of that party; and

c) Subject to (a) and (b), the number of Members nominated by each nominating Officer of a party, in so far as reasonably practicable, bear the same proportion to the number of places on that Committee as is borne by the number of Members who stood in the name of that party.

11.4 Nominations made in accordance with Standing Order 11.3 shall take into account any positions of responsibility on a Committee held by a Member who stood in the name of the party.

11.5 Allocation of Committee places will ordinarily be made at the first Annual Meeting in an election year for the ensuing year until the next Annual Meeting.

12. Rescission of a preceding resolution

12.1 A motion to amend or rescind a decision of the Council or the Committee shall not be valid within six months from the date of such decision unless:-

a) the motion shall be brought forward as a recommendation of the Committee or Full Council concerned; or

b) the notice shall bear, in addition to the name of the Member who submits the motion, the signatures of at least one-quarter of the total number of Members of the Council [14]

  • [14]  i.e. 10 councillors

13. Council Seal

13.1 The seal of the Council shall be affixed to a document only on the authority of:-

(a) resolution of the Council;

(b) a resolution of a Committee which the Council has empowered to authorise the use of the seal;

(c)   a decision by the Council, or by a duly authorised Committee or Officer, to do anything where a document under the seal is necessary to complete the action.

13.2 The affixing of the seal shall be attested by the Mayor or Deputy Mayor and the Clerk & Chief Executive or Deputy Chief Executive or Director.

14. Members' conduct

Speaking

14.1 When a Member speaks to the Council they must speak from the place allocated to them and address the Meeting through the Chairperson.

If more than one Member wishes to speak, the Chairperson will ask one to speak and the others must wait.

Chairperson Standing

14.2 When the Chairperson speaks during a debate, any Member speaking at the time must give way.

The Meeting must be silent.

Member Not to be Heard Further

14.3 If at a Meeting any Member of the Council engages in misconduct by persistently disregarding the ruling of the Chair, or by behaving irregularly, improperly or offensively or by wilfully obstructing the business of the Council, the Chairperson or any other Member may move “that the Member named be not further heard” within this debate.

The Motion, if seconded, shall be put and determined without discussion.

Member to Leave the Meeting

14.4 If the Member named continues to behave improperly after such a Motion is carried, the Chairperson or any other Member 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.

General Disturbance

14.5 When the Chairperson is of the opinion that the due and orderly dispatch of business is impossible, he/she in addition to any other powers vested in him/her may, without the question being put to Members, adjourn the Meeting of the Council for such period as he/she in his/her discretion shall consider expedient.

15. Disturbance by the public

Where a member(s) of the public causes a disturbance this may impact on the Council’s ability to conduct its business and the following Standing Order provides a mechanism to deal with such a disturbance.

Removal of a Member of the Public

15.1 If a Member of the public interrupts proceedings, the Chairperson will warn the person concerned that their behaviour is not acceptable and will be asked to leave if they continue.

15.2 If they continue to interrupt, the Chairperson will order their removal from the Meeting room.

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

16. Suspension and amendment of Standing Orders

16.1 A Member may move a Motion for the suspension of one or more of the Council’s Standing Orders. 

A Motion under this Standing Order shall require the support of a qualified majority vote [15] within the meaning of section 40 of the 2014 Act. 

16.2 Suspension can only be for the duration of the Meeting and the Minutes of the Meeting must record the reason for the suspension. 

16.3 Mandatory Standing Orders may not be suspended by Council.

  • [15] I.e. 80% of those members present and voting.

Amendment

16.4 Any Motion to, add to, vary or revoke these Standing Orders will, when appropriately proposed, – seconded and carried by majority vote be, - adjourned without discussion to the next ordinary Meeting of the Council.

17. Interpretation of Standing Orders

17.1 In the event of a difference of opinion on the interpretation of any part of the Standing Orders, after a short representation by each concerned party [16], the ruling of the person presiding at any Meeting shall be deemed to be final and shall not be challenged at that Meeting.

  • [16] In line with Standing Order 7.20 “Except with the permission of the Council, a Member, in introducing a Motion, shall not speak for more than ten minutes and in replying, for not more than five minutes.
    Any other member shall not speak for more than 5 minutes”.