Preston-Under-Scar Parish Council Standing Orders

BAINBRIDGE PARISH COUNCIL STANDING ORDERS for COUNCIL BUSINESS

Rules and procedures for the proper conduct of Council business

Abbreviations: The Council - Bainbridge Parish Council Councillor - Parish Councillor Member - Elected Councillor RFO - Responsible Finance Officer NYCC - North Yorkshire County Council RDC - Richmondshire District Council YDNPA – Yorkshire Dales National Park Authority

NOTE Where the words, ‘he’ and ‘his’ appear, this can equally read ‘she’ and ‘hers’ where appropriate.

1. Elections

1.1 Four Yearly

1.1.1. Councillors serve for a term of 4 years. They retire together on the fourth day after the date of the election every 4 years, i.e. 2011, 2015 and so on.

1.1.2. Candidates for election as councillors must be nominated by 2 electors.

1.1.3. The right to vote in a Local Government Election is dependent on the resident’s name having been entered on the Electoral Roll. Those entitled to be registered must be: (i) resident in the area on 10 October the year before the election, (ii) British subjects or citizens of the Republic of Ireland, (iii) of full age (18) and are not subject to legal incapacity to vote.

1.1.4. If there are more than 5 candidates, there will be a poll.

1.1.5. A candidate may claim legitimate election expenses up to the limit laid down. Every candidate must make a Return to the Returning Officer within twenty-eight days of the date of the election, accompanied by a Declaration on the form prescribed by the Home Secretary.

1.1.6. If there are only up to 5 candidates, the Returning Officer will declare them elected. If there are fewer than 5 candidates, the Returning Officer will instruct the Council to co-opt to make the number up to 5.

1.1.7. The Council must pay towards the cost of the 4 yearly elections if requested by the RDC.

1.2. Casual Vacancy

1.2.1. If a casual vacancy occurs, either by resignation or disqualification of a councillor, the Clerk must notify this to RDC, who will supply a public notice, regarding the right to a poll, to be displayed in the Parish.

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1.2.2. Electors who desire a poll must inform RDC in writing within 14 days of the date when the notice was displayed. If 10 or more electors desire a poll, RDC will declare that a by-election will take place. The Council must pay the full cost of a by-election.

1.2.3. If fewer than 10 electors request a poll, RDC will instruct the Council to fill the vacancy by co- option. If there is more than one candidate for co-option, the Council must vote so that one candidate receives an absolute majority. The Clerk must inform RDC of the name of the person co-opted

2. Councillors

2.1. A councillor must be aged 18 years or over, be a British subject or a citizen of the Irish Republic, be a local government elector or someone who has resided in the area or who has occupied land in the parish for the previous 12 months.

2.2. Every parish councillor before or at the first meeting after his election must sign in the presence of a member of the Council or the Clerk, a Declaration of Acceptance of Office on the prescribed form. This form will be retained by the Clerk.

2.3. A councillor may resign his office by notice in writing to the Chairman.

2.4. A councillor may be appointed as clerk or treasurer (RFO) of the Council, but only without remuneration, except for expenses incurred.

2.5. A councillor may become disqualified if he is declared bankrupt, or is absent from meetings for 6 consecutive months from the date of his last attendance, unless the absence was approved before the expiry of that period.

2.6. A councillor who has a direct or indirect financial interest in any matter raised on the Council meeting agenda must by law declare it. In accordance with section 27 of the Localism Act 2011 the councillor may speak to the matter but cannot vote (see Code of Conduct adopted July 2012). This also applies to councillors who may have a non-financial interest which might influence his judgement, or give the impression he might be promoting a private or personal interest, rather than that of the general public. Once the councillor has spoken he must withdraw from the room or chamber where the meeting is being held and take no part in the discussion and decision making process of the Council.

The Clerk must keep a Register of Interests as laid out in the Statutory Instrument 2007 No. 1159 The local Authorities (Model Code of Conduct) Order 2007. A current copy must be lodged with the Monitoring Officer at Richmondshire District Council.

2.7. A councillor is not exempt from jury service.

3. Chairman of the Council

3.1. At the first meeting after an election and each year at the Annual Parish Council Meeting in May, the Council must elect a Chairman from among the Council members. If there is more than one nomination the election will be by secret ballot. This must be the first business to be transacted. It may also, if it wishes, elect a Vice-Chairman.

3.2. The Chairman continues in office until: (i) he is re-elected at the following Annual Parish Council Meeting (ii) another councillor is elected at the following Annual Parish Council Meeting (iii) he resigns by written notice to the Council (iv) he is disqualified.

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3.3. The Chairman may call an extra-ordinary meeting of the Council at any time. He may also heed a request by councillors to call a meeting.

3.4. If the voting on any matter at a meeting of the Council is equal, the Chairman has a second, casting vote. This should normally be to maintain the status quo to allow further discussion on the item at a future date.

3.5. If the Chairman is present at any meeting of the Council, he must take the Chair.

3.6. If the Chairman is absent from a meeting, the Vice-Chairman must take the Chair and has the same authority as the Chairman, for the purposes of that meeting. If neither the Chairman nor Vice- Chairman is present, the remaining members must elect a chairman of the meeting from among themselves.

3.7. The Chairman must ensure that he gives a fair hearing to all points of view, including his own, on matters under discussion.

4. The Council

4.1. The Council has adopted the Statutory Instrument 2007 No. 1159 The Local Authorities (Model Code of Conduct) Order 2007 which is now part of these Standing Orders and is available from the Clerk. The Clerk is appointed to be the Proper Officer for the purpose of witnessing councillors’ signatures on their Declaration of Acceptance. The Council has also adopted the principle of a Register of Interests.

4.2. Any disagreement between the Clerk and the Council or complaint against the actions of the Clerk should be delivered to the Chairman and will be dealt with in accordance with the Clerk’s Contract of Service.

4.3. Any disagreement between councillors will be dealt with in accordance with the Code of Conduct.

4.4. If a member of the public has a complaint about a service the council has delivered or failed to deliver, they will be invited to use the Council’s adopted Complaints Procedure.

If a member of the public has a complaint against the actions of a Councillor, the complainant must deliver their complaint in writing to the Clerk who will arrange for it to be considered at a subsequent Council meeting. The Council will consider whether the complaint shall be considered in the absence of the public and the press. Any decision on a complaint will be announced in public at the Council meeting.

If this procedure fails to satisfy the complainant then they shall direct their complaint to the Monitoring Officer of the Richmondshire District Council.

4.5. The Council will continue within its function and policies to have due regard to the need to eliminate discrimination, promote equality of opportunity, and promote racial equality between people of differing racial groups.

5. Meetings

5.1. Number of meetings The Council must hold not less than six meetings in each year, of which one is the Annual Meeting in May.

5.2. Notice of Meetings At least three clear days before a meeting of the Council a notice giving the date, place, time and outline agenda must be posted in a prominent place in the parish. At the same time, a summons to attend the meeting, specifying the business to be transacted, must be sent to every member of the Council. The period of three clear days does not include the day on which the notice is posted and the day of the meeting.

5.3. Conduct of Meetings 5.3.1 . The quorum of the Council is three. No business can be transacted unless at least 3 councillors are present.

5.3.2. Meetings must be open to the public which includes the press, unless the council formally resolves to exclude the public from all or part of a meeting, because publicity would be prejudicial to the public interest by reason of the confidential nature of the business to be transacted. The resolution to exclude the public must be recorded verbatim in the minutes.

5.3.3 . Items on the agenda will first be discussed by the Council. The Chairman may then, if he sees fit, invite comments from the public. Finally, the Council will decide on the issue by voting if necessary.

5.3.4. A member may ask that the names of councillors voting for and against should also be recorded.

5.3.5. It is undesirable to discuss any business of substantial importance of which notice has not been given. No decision can lawfully be taken on any matter not specified in the Agenda.

5.3.6. If disorderly conduct by any person materially obstructs the deliberations of the Council, the Chairman must ask the person to leave the meeting. If this request is refused, the Council may, by common law, apply the necessary force to compel the person’s retirement. It is desirable, where the opportunity offers, for this force to be applied by a police constable.

5.3.7. The meetings will begin at 7pm., unless otherwise stated on the notice of the meeting and on the Agenda. The meetings will end at 9pm. when a guillotine will fall on any Agenda items remaining. The Chairman of the meeting will have the discretion to carry on the meeting after 9pm. if there are important items on the Agenda not yet discussed.

5.4. The Annual Meeting of the Council 5.4.1. The Annual Meeting must take place in May.

5.4.2. The first business must be the election of the Chairman, and if the Council sees fit, the Vice- Chairman.

5.4.3. Thereafter a normal Council meeting should be held which should include the presentation and adoption of the audited accounts.

5.5. The Annual Parish Meeting 5.5.1 The Annual Parish meeting is a meeting of the parish electorate and must be held between March 1st and June 1st inclusive.

5.5.2. This will normally be held before the Annual meeting of the Parish Council but the date can vary.

5.5.3. Other business will include presentation of a Chairman’s Report on the business of the Parish Council.

5.5.4. Any elector may propose resolutions or ask questions on any matter pertaining to Council business. The Council must then deal with the matter by discussion or agreement at the meeting, or as soon as possible thereafter.

5.6. Minutes 5.6.1. Minutes of the proceedings of the Council or any Committee thereof must be kept in a book or file by the Clerk.

5.6.2. The Minutes will be circulated to the Councillors with the next meeting agenda. At the start of the meeting the Chairman must then ask members if they agree that the Minutes of the previous meeting are a correct record. If so, he must then sign and date them.

5.6.3. The Minutes of the proceedings of the Council must be open to inspection at any reasonable hour by any elector of the parish. No payment may be required.

6. Finance

6.1. Responsible Financial Officer. 6.1.1. Normally the Clerk will take on the role of the RFO.

6.1.2. The RFO will have the discretion to authorise expenditure up to £100 between Council meetings, in consultation with at least three other councillors, when urgent action is required.

6.1.3. The RFO be authorized to make small purchases on behalf of the Parish Council up to a value of £50 per purchase. The RFO to be re-imbursed on production of the appropriate receipts.

6.2. Cheques All payments will be made by cheque. Where possible all cheques should be signed at a meeting of the Council, and must be signed by two of the designated Councillors who should also initial the counterfoil. Each signatory must ensure that the documentation is correct and payments are made in accordance with decisions of the Council. If, in unavoidable circumstances, payments are required to be made before the next Council meeting these can only be made if previously authorized by the Council and the authorization is included in the minutes.

6.3. Accountability 6.3.1. The Clerk will keep the Accounts as a Receipts and Payments Book. All entries will be supported by notice of income, and receipts for payments made. The Clerk will present a half-yearly balance as at 30 September to the November council meeting.

6.3.2. The Accounts must be open to inspection by any member of the Council at all reasonable times without payment

6.3.3. The Accounts will be closed as soon as possible after 31 March. They will be brought to the Annual Meeting, presented by the Clerk, and if adopted, signed by the Chairman and the Clerk.

6.4. Audit 6.4.1. The Accounts must be prepared in accordance with the requirements of the Accounts and Audit Regulations 1996, as amended, and the Code of Audit Practice 2002. The Council must maintain an adequate system of internal control, including measures designed to prevent and detect fraud and corruption.

6.4.2. The Council will appoint an internal auditor who will act independently from the influence of the Council. The Clerk will ensure that all documents relating to the accounts e.g. Receipts and Payments Book, with supporting receipts, bank statements, cheque and paying in books, and other documents relating to the procedures of the Council, e.g. minutes of the meetings, Standing Orders of the Council, Statement of Assurance and all other relevant documents will be made available to the internal auditor.

6.5. Precept 6.5.1. A meeting of the Council must be held prior to the date for the submission of the precept as specified by the RDC, so it can review the income and expenditure for the current year, agree a budget for the next year and from that produce a figure for the precept.

6.5.2. The Chairman and the Clerk will notify the sum required on the form provided by the RDC and ensure that this is submitted by the due date specified by the RDC.

6.6. Property The Clerk will keep a register of Council property showing the date of acquisition or purchase and purchase and/or insurance value.

7. Planning Applications

7.1. YDNPA is, in most cases, the responsible authority for planning.

7.2. YDNPA is required to consult the Council on planning applications. It is obliged to have regard to any comments made by the Council provided they are made within the stipulated consultation time, or an extension of that time has been granted. The Council should have regard to the policies laid down in the Local Plan when making comments.

7.3. The Council should consult any person who may be affected by a planning application and, if necessary, have a site visit.

7.4. The YDNP will inform the Council in writing of all planning decisions.

7.5. Where the YDNPA Planning Officer consults the Parish Council in respect of a planning application and the final date for response by the Parish Council expires before the Parish Council is due to hold a meeting then the Clerk to the Parish Council shall have authority to respond on behalf of the Council provided: (a) he shall consult members of the Council on the application before the response is formulated and submitted (b) in the event that all the Members are not available, then at least three Members must have been consulted (c) the response must represent the agreed views of not less than three members (d) no response shall be made by the clerk under this authority if, after being consulted, the Council decide to hold a special meeting to consider its response (e) any response made under this authority shall be reported at and recorded in the minutes of the next meeting of the Parish Council

8. Insurance

8.1. The Council must be insured against public liability.

8.2. The Council must hold Employer’s Liability insurance and a copy of the certificate must be held at its place of business.

8.3. The Council should periodically review its insurance cover.

9. Documents

9.1. Long Term Value: Legal documents, eg conveyances and leases, minute books, current electoral rolls, account books, contracts and papers relating to important actions of the Council should not be destroyed but should be archived in a suitable venue.

9.2. Temporary Value: Planning applications, receipts and invoices etc may be destroyed when over 10 years old.

9.3. Other papers These may, at the discretion of the Clerk, be destroyed after a year or after the correspondence has been available to the Councillors at a Parish Council meeting.

9.4. NYCC may exercise its duty to inquire into the manner in which public books and documents under the control of the Council are kept. It may make orders for their preservation that must be complied with by the Council.

9.5. When Councillors resign or become disqualified, they should return their copy of Standing Orders and other papers of long term importance to the Clerk, who will pass them on to the Councillor who succeeds them.

10. Revision of Standing Orders

The Council should review these Standing Orders as and when required and at least on a yearly basis. This must be done by formal motion at a meeting. Any amendment or addendum must be numbered, dated and recorded in the minutes.

Chairman …………………………………….. Clerk …………………………………………

Date……………………………………………

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