Standing Orders
Adopted 9 May 2016
Amended 1st May 2024
These Standing Orders set out the written rules of Skillington Parish Council and confirm the council’s internal organisational, administrative and procurement procedures and procedural matters for meetings. The Council’s Code of Conduct and Financial Regulations are separate to this document.
1. Meetings Generally
1.1. 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.
1.2. Councillors will be summoned to attend meetings of the council at least three clear days before the meeting. The summons will include an agenda for the meeting and may be served by e-mail.
1.3. Meeting agendas, which will be as full and informative as possible, will be published a minimum of three clear days before the meeting to which they relate takes place.
1.4. The minimum of three clear days’ notice of a meeting does not include the day on which notice was issued, the day of the meeting, a Sunday, a day of the Christmas break, a day of the Easter break or of a bank holiday or a day appointed for public thanksgiving or mourning.
1.5. Meetings shall be open to the public unless their presence is prejudicial to the public interest by reason of the confidential nature of the business to be transacted or for other special reasons. The public’s exclusion from part or all of a meeting shall be by a resolution which shall give reasons for the public’s exclusion.
1.6. Members of the public may make representations, answer questions and give evidence at a meeting which they are entitled to attend in respect of the business on the agenda, but should remain seated.
1.7. The period of time designated for public participation at a meeting in accordance with standing order 1.6 above shall not exceed 10 minutes.
1.8. In accordance with standing order 1.6 above, a question shall not require a response at the meeting nor start a debate on the question. The Chair of the meeting may direct that a written or oral response be given.
1.9. A person who speaks at a meeting shall direct his/her comments to the Chair of the meeting.
1.10. 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.
1.11. 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.
1.12. 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 his/her absence be done by, to or before the Vice-Chair of the Council, if present.
1.13. The Chair, if present, shall preside at a meeting. If the Chair is absent from a meeting, the Vice-Chair, if present, 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 at the meeting.
1.14. Subject to the meeting being quorate, all questions at a meeting shall be decided by a majority of the councillors present and voting.
1.15. 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 his/her casting vote whether or not he/she gave an original vote.
1.16. 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/her vote for or against that question. Such a request shall be made before moving on to the next item of business on the agenda.
1.17. The minutes of a meeting shall include an accurate record of the following:
1.17.1. the time and place of the meeting,
1.17.2. the names of councillors present and absent,
1.17.3. interests that have been declared by councillors,
1.17.4. whether a councillor left the meeting when matters that they held interests in were being considered,
1.17.5. if there was a public participation session, and
1.17.6. the resolutions made.
1.18. Minutes from all formal meetings will be published in draft form on the Parish Council noticeboard and on the website ‘Skillington Life’, subject to approval or amendment at the next meeting, not later than one month after the meeting has taken place.
1.19. A councillor 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/her right to participate and vote on that matter.
1.20. 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.
1.21. 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.
2. Rules of Debate at Meetings
2.1. Motions of 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.
2.2. A motion (including an amendment) shall not be progressed unless it has been moved and seconded.
3. Disorderly Conduct at Meetings
3.1. 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.
3.2. 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.
4. Committees
4.1. The council may appoint standing committees or other committees as may be necessary and shall determine their terms of reference.
4.2. The members of a committee may include non-councillors unless it is a committee which regulates and controls the finances of the council.
5. Ordinary Council Meetings
5.1. 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.
5.2. In a year which is not an election year, the annual meeting of a council shall be held on such a day in May as the council may direct.
5.3. If no other time is fixed, the annual meeting of the council shall take place at 7pm.
5.4. In addition to an 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.
5.5. The first business conducted at the annual meeting of the council shall be the election of the Chair and Vice-Chair (if any) of the Council.
5.6. The Chair of the Council, unless he has resigned or becomes disqualified, shall continue in office and preside at the annual meeting until his successor is elected at the next annual meeting of the Council.
5.7. The Vice-Chair of the Council, if any, unless he/she resigns or becomes disqualified, shall hold office until immediately after the election of the Chair of the Council at the next annual meeting of the council.
5.8. In an election year, if the current Chair of the Council has not been re-elected as a member of the council, he/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 an equality of votes.
5.9. In an election year, if the current Chair of the Council has been re-elected as a member of the council, he/she shall preside at the meeting until a new Chair of the Council has been elected. He/she 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.
5.10. Following the election of the Chair of the Council and Vice-Chair (if any) of the Council at the annual meeting of the council, the business of the annual meetings shall include:
5.10.1. 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 which is not an election year, delivery by the Chair of the Council of his/her acceptance of office form unless the council resolves for this to be done at a later date,
5.10.2. confirmation of the accuracy of the minutes of the last meeting of the council,
5.10.3. considerations of the recommendations made by a committee,
5.10.4. review of the delegation arrangements to committees,
5.10.5. review of the terms of reference for committees,
5.10.6. appointment of any new committees in accordance with standing order 4 above,
5.10.7. review and adoption of appropriate standing orders and financial regulations,
5.10.8. review of the council’s risk management,
5.10.9. review of inventory of land and assets including buildings and office equipment,
5.10.10. confirmation of arrangements for insurance cover in respect of all insured risks,
5.10.11. review of the council’s subscriptions to other bodies,
5.10.12. review of the council’s procedures for handling requests made under the Freedom of Information Act 2000 and the Data Protection Act 1988,
5.10.13. 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 Council
6.1. The Chair of the Council may convene an extraordinary meeting of the council at any time.
6.2. 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 to do so 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 two councillors.
7. Voting on Appointments
7.1. 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.
8. Councillors
8.1. A full list of councillors and their responsibilities shall be published.
9. Publication of Information
9.1. All Agendas, Minutes and relevant financial information shall be published on the Parish Council notice board and posted on the village website: Skillington Life.
10. Management of Information
10.1. The Council shall have in place and keep under review, technical and organisational measures to keep secure information (including personal data) which it holds in paper and electronic form. Such arrangements shall include deciding who has access to personal data and encryption of personal data.
10.2. The Council shall have in place, and keep under review, policies for the retention and safe destruction of all information (including personal data) which it holds in paper and electronic form. The Council’s retention policy shall confirm the period for which information (including personal data) shall be retained or if this is not possible the criteria used to determine that period (e.g. the Limitation Act 1980).
10.3. The agenda, papers that support the agenda and the minutes of a meeting shall not disclose or otherwise undermine confidential information or personal data without legal justification.
10.4. Councillors, staff, the Council’s contractors and agents shall not disclose confidential information or personal data without legal justification.
11. Draft Minutes
11.1. If the draft minutes of a preceding meeting have been served on councillors with the agenda to attend the meeting at which they are due to be approved for accuracy, they shall be taken as read.
11.2. 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 may be moved in accordance without written notice to the Proper Officer.
11.3. The accuracy of draft minutes, including any amendment(s) made to them, shall be confirmed by resolution and shall be signed by the Chair of the meeting and stand as an accurate record of the meeting to which the minutes relate.
11.4. If the Chair of the meeting does not consider the minutes to be an accurate record of the meeting to which they relate, he/she 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 the Parish Council held on (date) were a correct record but his/her view was not upheld by the meeting and the minutes are confirmed as an accurate record of the proceedings”.
12. Code of Conduct & Dispensations
12.1. All councillors shall observe the Code of Conduct adopted by the council.
12.2. Unless he/she has been granted a dispensation, a councillor shall withdraw from a meeting when it is considering a matter in which he/she has a disclosable pecuniary interest or any other interest. He/she may return to the meeting after it has considered the matter in which he/she had the interest.
12.3. 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.
12.4. A decision as to whether to grant a dispensation shall be made by the meeting of the council and that decision shall be final.
12.5. A dispensation request shall confirm:
12.5.1. the description and nature of the disclosable pecuniary interest or other interest to which the request for the dispensation relates,
12.5.2. whether the dispensation is required to participate at a meeting in a discussion only or and a vote,
12.5.3. the date of the meeting or the period (not exceeding four years) for which the dispensation is sought, and
12.5.4. an explanation as to why the dispensation is sought.
12.6. A dispensation may be granted in accordance with standing order 12.4 above if having regard to all relevant circumstances the following applies:
12.6.1. 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
12.6.2. granting the dispensation is in the interests of persons living in the council’s area, or
12.6.3. it is otherwise appropriate to grant a dispensation.
13. Code of Conduct Complaints
13.1. Upon notification by the District Council that it is dealing with a complaint that a councillor has breached the council’s code of conduct, the Proper Officer shall, subject to standing order 10 above, report this to the council.
13.2. Upon notification by the District Council that a councillor has breached the council’s code of conduct, the council shall consider what, if any, action, to take against him. Such action excludes disqualification or suspension from office.
14. Proper Officer
14.1. The Clerk shall act as Proper Officer.
14.2. The Proper Officer shall:
14.2.1. at least three clear days before a meeting of the council serve on councillors a summons by e-mail confirming the time, place and agenda any such e-mail to contain the electronic signature and title of the Proper Officer,
14.2.2. give public notice of the time, place and agenda at least three clear days before a meeting of the council,
14.2.3. convene a meeting of full council for the election of a new Chair of the Council, occasioned by a casual vacancy in his/her office,
14.2.4. facilitate inspection of the minute book by local government electors,
14.2.5. publish details of public land and buildings which appear in the Fixed Asset Register including description; location; date of acquisition, if known; cost of acquisition of proxy value; and present use,
14.2.6. receive and retain copies of byelaws made by other local authorities,
14.2.7. retain acceptance of office forms from councillors,
14.2.8. retain a copy of every councillor’s register of interests,
14.2.9. assist with responding to requests made under the Freedom of Information Act 2000 and Date Protection Act 1998 in accordance with and subject to the council’s policies and procedure relating to the same,
14.2.10. receive and send general correspondence and notices on behalf of the council except where there is a resolution to the contrary,
14.2.11. manage the organisation, storage of, access to and destruction of information held by the council in paper and electronic form,
14.2.12. arrange the prompt authorisation and approval regarding any payments to be made by the council in accordance with the council financial regulations,
14.2.13. refer a planning application received by the council to the Planning Committee within two working days of receipt,
14.2.14. manage access to information about the council on the Skillington Life website.
15. Responsible Financial Officer
15.1. The Clerk shall act as Responsible Financial Officer.
16. Financial Controls, Procurement, Accounts & Accounting Statements
16.1. The Council shall consider and approve financial regulations and controls drawn up by the Responsible Financial Officer.
16.2. In accordance with freedom of information legislation, the Council shall publish information in accordance with its publication scheme and respond to requests for information held by the Council.
16.3. The Council shall ensure that it complies with the transparency obligations for parish councils with an annual turnover not exceeding £25,000 in accordance with The Smaller Authorities (Transparency Requirements) (England) Regulations 2015/494.
17. Handling Staff Matters
17.1. A matter personal to a member of staff that is being considered by a meeting of the council is subject to standing order 10 above.
17.2. A sub-committee shall conduct an annual review of the performance and annual appraisal of the work of the Clerk. The review and appraisal shall be reported to the Council.
17.3. This sub-committee will also handle any grievance matters with regard to the Clerk.
18. Communicating with District & County Councillors
18.1. An invitation to attend a meeting of the Council shall be sent, together with the agenda to the ward councillors of the South Kesteven District Council and Lincolnshire County Council.
19. Restrictions on Councillor Activities
19.1. Unless authorised by a resolution, no councillor shall:
19.1.1. inspect any land which the council has a right or duty to inspect, or
19.1.2. issue orders, instructions or directions.
20. Responsibilities Under Data Protection Legislation (Below is not an exclusive list):
20.1. The Council shall have policies and procedures in place to respond to an individual exercising statutory rights concerning his personal data.
20.2. The Council shall have a written policy in place for responding to and managing a personal data breach.
20.3. The Council shall keep a record of all personal data breaches comprising the facts relating to the personal data breach, its effects and the remedial action taken.
20.4. The Council shall ensure that information communicated in its privacy notice(s) is in an easily accessible and available form and kept up to date.
20.5. The Council shall maintain a written record of its processing activities.
21. Standing Orders Generally
21.1. 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.
21.2. The Proper Officer shall provide a copy of the council’s standing orders to a councillor as soon as possible after he/she has delivered his/her acceptance of office form.
21.3. The decision of the Chair of a meeting as to the application of standing orders at the meeting shall be final.