COUNCIL PROCEDURE RULES
SECTION 1 – COUNCIL MEETINGS
1. ANNUAL MEETING OF THE COUNCIL
1.1 Timing and Business
In a year when there is an ordinary election of councillors, the annual meeting will take place on
the third Tuesday after the elections. In any other year, the annual meeting will take place in
April or May. No business except that identified below in this Rule and Rule 1.2 will be included
on the Agenda of the Annual Council meeting and all other Council Procedure Rules shall be
construed accordingly.
The annual meeting will:
(i) Receive a report from the Returning Officer on the return of Members elected (if it is
the annual meeting following the District Council Elections);
(ii) Receive apologies for absence;
(iii) Elect a person to preside if the Chairman and Vice-Chairman of the Council are not present;
(iv) Receive any announcements from the retiring Chairman of the Council;
(v) Elect the Chairman of the Council for the ensuing year;
(vi) Elect the Vice-Chairman of the Council for the ensuing year;
(vii) Receive any announcements from the Chairman and/or the Chief Executive;
(viii) Receive notification of memberships of political groups and the names of the Group Leaders and their Deputies (if it is the annual meeting immediately following the District Council Elections);
(ix) Elect the Leader of the Council (if it is the annual meeting immediately following the District Council Elections);
(x) Selection of Councillors on Committees etc in accordance with Council Procedure Rule 1.2;
(xi) Reaffirm the Council’s Constitution;
(xii) Approve a programme of ordinary meetings of the Council and Committees for the year;
(xiii)Appoint up to four Members, with each Member being a Member Authority
Representative to serve on/at the General Assembly of the Local Government
Association. Two of the Members appointed will always be the Leader and Deputy
Leader of the Council. Up to two further names can be put forward to Council by the
Leader of the Council, following consultation with Group Leaders; and
(xiv)Consider any other business set out in the notice convening the meeting.
Selection of Councillors on Committees
1.2
Approve a programme of ordinary meetings of the Council and Committees for the year;
Appoint up to four Members, with each Member being a Member Authority
Representative to serve on/at the General Assembly of the Local Government
Association. Two of the Members appointed will always be the Leader and Deputy
Leader of the Council. Up to two further names can be put forward to Council by the
Leader of the Council, following consultation with Group Leaders; and
Consider any other business set out in the notice convening the meeting.
Selection of Councillors on Committees
At the annual meeting, the Council will:
(i)
(ii)
(iii)
(iv)
2.
Appoint the Committees and Sub-Committees it considers appropriate for the municipal
year;
Decide the size and the terms of reference and delegated powers for any new
Committees and Sub-Committees;
Decide the allocation of seats for all Committees and Sub-Committees to political groups
in accordance with the political balance rules; and
Appoint Members to each Committee and Sub-Committee and the Chairman and Vice
Chairman of each Committee and Sub-Committee as appropriate.
BUDGET AND COUNCIL TAX SETTING
At the relevant ordinary meeting of the Council, when the Council’s Budget and Council Tax is
approved and set, no business except that identified below will be included on the Agenda of
the Budget and Council Tax Setting Meeting and all other Council Procedure Rules shall be
construed accordingly. The Budget and Council Tax Setting Meeting shall:
(i)
(ii)
(iii)
(iv)
(v)
(vi)Receive apologies for absence;
Elect a person to preside if the Chairman and Vice-Chairman of the Council are not
present;
Deal with any business required by Statute to be dealt with before any other business;
Approve the minutes of the last meeting;
Receive any announcements from the Chairman and/or the Chief Executive and any
Statements from the Leader of the Council and/or members of the Cabinet;
Approve and set the Council’s Budget and Council Tax;
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(vii)
(viii)
Deal with any business remaining from the last Council meeting; and
Consider any Urgent Matters for Debate
Matters which are not on the agenda and which a Member considers should be reported urgently
to the Council may, with the consent of, and in a form approved by, the Chairman, be brought
before the meeting by way of a short written statement which shall be read by the Chief
Executive, Section 151 Officer or the Monitoring Officer, as part of his or her reports and
communications. The Member concerned may, by leave of the Chairman, speak on the
statement and move a motion unless advised otherwise by the Chief Executive, Section 151
Officer or Monitoring Officer.
Any amendment proposed to be made to the Cabinet’s budget proposals must have been
submitted to the Council’s Section 151 Officer at least two working days before the Budget Full
Council meeting(s) to enable them to consider the implications for the budget. The text and form
of any and all such amendments must be emailed to the Democratic Services Manager by no
later than 5.00 p.m. on the day of the Budget Full Council meeting in order that copies of same
can be printed and placed on Members’ seats prior to the commencement of the Council
meeting.
In addition, the text of the Leader of the Council’s budget presentation speech must also be
emailed to the Democratic Services Manager by no later than 5.00 p.m. on the day of the Budget
Full Council meeting in order that copies of same can be printed and placed on Members’ seats
prior to the commencement of the Council meeting. The Democratic Services Manager will also
email the speech to all Members of the Council as soon as possible after they receive it from
the Leader of the Council.
3.
ORDINARY MEETING
Ordinary meetings of the Council will take place in accordance with a programme decided at
the Council’s annual meeting. Such programmes shall ensure that the first ordinary meeting is
held within 15 working days of the annual meeting of the Council except in a year when there is
an ordinary election of Councillors. The order of business at every ordinary meeting of the
Council be as follows:
(i)
(ii)
(iii)
(iv)
(v)
To receive apologies for absence:
To elect a person to preside if the Chairman and Vice Chairman are not present;
To deal with any business required by Statute to be dealt with before any other business;
To approve the minutes of the last meeting (or in the case of the first ordinary meeting
of the municipal year, to approve the minutes of the Annual meeting and the preceding
meeting);
To receive any announcements from the Chairman and the Chief Executive and any
statements from the Leader and Members of the Cabinet;
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(vi)
(vii)
(viii)
(ix)
(x)
(xi)
(xii)
(xiii)
(xiv)
(xv)
To deal with any Petitions;
In accordance with Rule 10, to receive questions from, and provide answers to the public
in relation to matters which in the opinion of the person presiding at the meeting are
relevant to the business of the meeting;
To receive a report from the Leader on any Cabinet decisions taken as a matter of
urgency in accordance with Access to Information Procedure Rule 16.2, Budget and
Policy Framework Procedure Rule 6(b) and Overview and Scrutiny Procedure Rule 18(i);
To deal with any business from the last Council meeting;
To receive the minutes of Committees (with the exception of the Licensing and
Registration and Planning Committees) and to receive questions and answers from
Councillors on any of those items;
To receive reports about and receive questions and answers on the business of joint
arrangements and external organisations;
To consider motions (in the order in which notice has been received);
To consider any other business specified in the summons to the meeting, including
consideration of proposals from the Cabinet in relation to the Council’s Budget and Policy
Framework, other reports from the Cabinet, reports of the Overview and Scrutiny
Committees, or other Committees for debate and reports from Officers for consideration;
To receive questions from Members in accordance with Rule 11.2; and
Urgent matters for Debate
Matters which are not on the Agenda and which a Member considers should be reported
urgently to the Council may, with the consent of, and in a form approved by, the
Chairman, be brought before the meeting by way of a short written statement which shall
be read by the Chief Executive, Section 151 Officer or Monitoring Officer, as part of his
or her reports and communications. The Member concerned may, by leave of the
Chairman, speak on the statement and move a motion unless advised otherwise by the
Chief Executive, Section 151 Officer or Monitoring Officer.
With the exception of items (i) (ii) (iii) and (iv), the order of items may be varied at the discretion
of the Chairman or by a resolution passed on a motion (which need not be in writing) duly moved
and seconded, which shall be put without discussion. At the last ordinary
meeting of the Council in the municipal year, following item (v) the meeting will receive the
annual State of Tendring Statement from the Leader.
4.
4.1
EXTRAORDINARY MEETINGS
Calling Extraordinary Meetings
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An extraordinary meeting of the Council may be called in the following circumstances:
1.
2.
3.
4.
4.2
An extraordinary meeting of the Council may be called at any time by the Chairman of the
Council.
If the Chairman refuses to call an extraordinary meeting of the Council after a requisition
for that purpose, signed by five members of the Council, has been presented to him, or
if, without so refusing, the Chairman does not call an extraordinary meeting within seven
days after the requisition has been presented to him, then any five members of the
Council, on that refusal or on the expiration of those seven days, as the case may be,
may forthwith call an extraordinary meeting of the Council.
The Council by resolution; and
The Monitoring Officer in circumstances where a Section 5 report is to be presented.
Holding Extraordinary Meetings in the corresponding circumstances set out above
1.
2.
3.
4.
4.3
The Chairman of the Council, in consultation with the Chief Executive, will decide the
date of the meeting.
Where such a request is received the meeting will be held within 14 days of the receipt
of the call for an extraordinary meeting from those five members of the Council.
The Council as part of its resolution will fix the date of the extraordinary meeting or will
delegate that matter to the Chairman of the Council.
Where such a request is received the meeting will be held within 14 days of the receipt
of the call for an extraordinary meeting from the Monitoring Officer.
Order of Business
(i)
(ii)
(iii)
(iv)
5.
To receive apologies for absence;
To elect a person to preside if the Chairman and Vice-Chairman are not present;
To deal with any business required by Statute to be dealt with before any other business;
To consider any other business specified in the summons to the meeting.
TIME AND PLACE OF MEETINGS
The time and place of Council meetings will be notified in the summons.
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Meetings will normally be held at 7.30 p.m. in the Princes Theatre, Town Hall, Clacton-on-Sea
and the Council may, from time to time, vary the place, date or hour of a meeting or meetings.
Where it is not practicable for the Council to meet to agree a variation, such variation shall be
determined by the Chairman (or failing him the Vice-Chairman) of the Council.
In accordance with the approved Protocol for such matters, the Council will make audio and/or
audio-visual live stream and recording of meetings of the Full Council, which will be made
available on the Council’s website for a period of at least one year from the date of the relevant
meeting.
6.
7.
8.
NOTICE OF AND SUMMONS TO MEETING
The Democratic Services Manager will give notice to the public of the time and place of any
meeting in accordance with the Access to Information Rules. In addition to sending an electronic
notification, at least five clear days before a meeting, the Democratic Services Manager will
send a summons by post to every member of the Council or leave it at their usual place of
residence. Although this is the default position, all members of the Council are encouraged to
opt out of receiving paper copies and elect to solely receive the summons via electronic
notification at least five clear working days before the meeting. The summons will give the date,
time and place of each meeting and specify the business to be transacted, and will be
accompanied by such reports as are available.
CHAIRING OF MEETINGS
The person presiding may exercise any power or duty of the Chairman. Where these rules
apply to Committee and Sub-Committee meetings, references to the Chairman also include the
Chairman of Committees and Sub-Committees.
QUORUM
The quorum of a meeting will be one quarter of the whole number of Members, subject always
to a minimum of three Members.
If, at the scheduled commencement time of the meeting, there is not a quorum present, the
Chairman will be permitted to delay the start of proceedings for up to a maximum period of 15
minutes. This will be in order to allow time for Members, who may have been delayed for some
reason, to arrive. If, at the end of that 15 minute period, the Chairman counts the number of
Members present and again declares there is not a quorum present the Chairman will declare
the meeting to be null and void and cancelled for administrative purposes. The business will
stand to be considered at a new time and date to be fixed by the Chairman. If
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the Chairman does not fix such a date, the business will be considered at the next ordinary
meeting.
During any meeting if the Chairman counts the number of Members present and declares there
is not a quorum present, then the meeting will adjourn immediately. The Chairman will decide
at that point the duration of that adjournment. If it is not possible to resume the meeting on that
date any remaining business will be considered at a time and date to be fixed by the Chairman.
If the Chairman does not fix a date, the remaining business will be considered at the next
ordinary meeting.
9.
9.1
9.2
9.3
9.4
10.
10.1
10.2
DURATION OF MEETING
The business of ordinary meetings of the Council shall cease at 10.30 p.m. (or after a duration
of three hours, whichever is the earliest) on the day on which the meeting commenced, or such
earlier, or later, time as the Chairman shall consider appropriate. In the event that the Chairman
wishes to extend the meeting beyond 10.30 p.m. (or beyond three hours) they will be expected
to give an indication of the length of that extension and secure the consent of the Council in
doing so.
When the business of a meeting is terminated in accordance with 9.1 above any remaining
business shall stand adjourned until a date and time to be fixed by the Chairman.
Where 9.2 applies, given that the agenda and associated reports and papers for the original
meeting have been published, the adjourned meeting can be called as soon as practicable and
without necessary delay, having regard to the remaining business and venue availability. In the
case of Committees and Sub-Committees, where Substitutes have been appointed the same
Members should attend (the Substituted Members must not take their seats).
Notice of the adjourned meeting will be published on the Council’s website, unless the adjourned
meeting is held within 24 hours.
QUESTIONS BY THE PUBLIC
Scope of Questions and Time Allocated in the Meeting
Members of the public may ask questions of the relevant Members of the Cabinet or the Leader
or Committee Chairmen on any matter in relation to which the Council has powers or duties or
which affects the Tendring District. The time limit for the asking of each question is two minutes
and for the reply, five minutes. The Chairman shall determine the number of questions to be
tabled at a particular meeting in order to limit the time for questions and answers to 21 minutes.
Questions shall not be submitted to the Annual Meeting of the Council or to an Extraordinary
Meeting of the Council or to the Budget and Council Tax setting meeting of the Council.
Order of Questions
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Questions will be asked in the order in which notice of them was received, except that the
Chairman may group together similar questions.
10.3
10.4
10.5
10.6
10.7
Notice of Questions
A question may only be asked if notice has been given by delivering it in writing or by personal
e-mail to the Democratic Services Manager no later than midday 8 working days before the day
of the meeting. Each question must give the name and address of the questioner and must
name the Member of the Council to whom it is to be put.
Number of Questions
At any one meeting no person may submit more than one question and no more than one such
question may be asked on behalf of one organisation.
Reasons for Rejection of Questions
The Democratic Services Manager and/or Monitoring Officer may reject a question if in their
judgement it:
(a)
(b)
(c)
(d)
(e)
(f)
is not about a matter for which the local authority has a responsibility or which affects
the District;
is defamatory, frivolous or offensive;
is substantially the same as a question already received to be put to the ordinary meeting
of the Council in question;
is substantially the same as a question which has been put at a meeting of the Council
in the past six months;
requires the disclosure of confidential or exempt information; or
the question is about a matter that is subject to call in or ongoing legal proceedings.
Record of Questions
The Democratic Services Manager will keep a copy of each question for six years after the
meeting at which the question was put and will immediately send a copy of the question to the
Member to whom it is to be put. Rejected questions will include reasons for rejection.
Asking the Question at the Meeting
All questions will be set out in the agenda and the Chairman will invite the questioner to put the
question to the Member named in the notice. There will be no further questions or debate. If
the questioner is not present, the Chairman may ask the question on the questioner’s behalf,
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indicate that a written reply will be given or decide, in the absence of the questioner, that the
question will not be dealt with.
10.8
10.9
Written Answers
Any question that cannot be dealt with during public question time, either because of lack of
time or because of the non-attendance of the Member, to whom it was to be put, will be dealt
with by a written answer, with a copy circulated to all Members.
Reference of Question to the Cabinet or a Committee
No discussion will take place on any question, but any Member may formally, without discussion,
move that a matter raised by a question be referred to the Cabinet or the appropriate Committee.
Once seconded, such a motion will be voted on without discussion.
10.10 Withdrawal of Question
A member of the public may withdraw their question by giving notice of their wish to do so to the
Democratic Services Manager prior to the commencement of the meeting at which their question
is to be put.
11.
11.1
11.2
QUESTIONS BY MEMBERS
On Statements made by the Leader or a Member of the Cabinet to the Council, Reports
or References from the Cabinet or Minutes of Committees
A Member of the Council may ask the Leader or a Member of the Cabinet any question without
notice about any statement made by the Leader or a Member of the Cabinet to the Council when
that item is being received.
A Member of the Council may ask the Leader or a Member of the Cabinet or the Chairman of a
Committee any question without notice upon a report or recommendation of the Cabinet or the
minutes or reference from a Committee when that item is being received by the Council.
Supplementary Questions will not be permitted under this rule.
Scope of Questions on Notice at Full Council and Time Allocated in the Meeting
Subject to Rules 11.3, 11.4 and 11.5 a Member of the Council may ask:
the Chairman;
a Member of the Cabinet; and
the Chairman of any Committee;
a question on any matter, which is within their area of responsibilities as set out in Part 3 of the
Constitution, in relation to which the Council has powers or duties or which affects the Tendring
District.
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Only the text of the Questions will be included within the full Council Agenda and in the order in
which the questions from Members were received. None of the accompanying preamble or
explanatory statements (if any) submitted by the Questioner(s) will be so included.
The time allocated for receiving and disposing of questions shall be a maximum 30 minutes.
Any question not disposed of at the end of this time shall be the subject of a written response,
copied to all Members the following working day unless withdrawn by the questioner. The
Question(s), together with the relevant written response(s), will also be published to the
Council’s website and will also be reported to the next meeting of the Council, as an “information
only item”, by the Democratic Manager. The provisions of this paragraph will also apply in those
instances when the full Council meeting has had to be cancelled.
Questions shall not be submitted to the Annual Meeting of the Council or to an Extraordinary
Meeting of the Council or to the Budget and Council Tax setting meeting of the Council.
11.3
11.4
11.5
Notice of Questions
A Member may only ask a question under Rule 11.2 if either:
(a)
(b)
notice has been given by delivering it in writing (or by personal e-mail) to the Democratic
Services Manager no later than midday 8 (eight) working days before the day of the
meeting; or
the question relates to urgent matters, he has the consent of the person to whom the
question is to be put and the content of the question is given to the Democratic Services
Manager by noon on the day of the meeting.
Number of Questions
At any one meeting no Councillor may submit more than two questions.
Reasons for rejection of Questions
(a)
(b)
(c)
(d)
the question is not about a matter for which the local authority has responsibility or which
affects the District;
The Monitoring Officer will reject a question if in their judgement it could be considered
to be defamatory or offensive or requires the disclosure of confidential or exempt
information (as defined in the Access to Information Procedure Rules);
the Monitoring Officer will reject a question if in their judgment it is substantially the same
as a question already received to be put to the ordinary meeting of the Council in
question;
The Monitoring Officer will reject a question if in their judgement it is substantially the
same as a question which has been put at a meeting of the Council in the past six
months;
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(e)
(f)
11.6
The Monitoring Officer will reject a question if in their judgement it is likely to lead to a
breach of the Members’ Code of Conduct; or
the question is about a matter that is subject to call in or ongoing legal proceedings.
Response
An answer may take the form of:
(a)
(b)
(c)
a direct oral answer;
where the desired information is in a publication of the Council or other published work,
a reference to that publication; or
where a reply cannot conveniently be given orally, a written answer given later to all
Members.
The Member giving the response must provide an electronic or written copy of that response to
the Democratic Services Manager by Noon on the day of the meeting in order to enable the
response to be circulated to the Questioner, the Chairman of the Council, the Leader of the
Council and relevant Officers.
11.7
11.8
11.9
Recording of Questions and Responses and Questions of Clarification
After the response has been given to a Question on Notice, the Member who asked the question
may ask one question, of which no notice is required. That question must solely relate to
clarifying the response received. No statements or other form of question will be allowed. The
ruling of the Chairman on the admissibility of the question is final.
The minutes of the meeting will record the text of the question plus any preamble or supporting
statement (if any) together with the response given thereto and that, if appropriate, a question
of clarification and a response was asked and given, without detailing the content.
Time Limits for Asking/Answering Questions
The time limit for asking each question (including any preamble or statements in support) is two
minutes and the time limit for each reply is three minutes.
Withdrawal of Question
A Member may withdraw their question by giving notice of their wish to do so to the Democratic
Services Manager prior to the commencement of the meeting at which their question is to be
put.
Once the meeting has commenced a Member may withdraw their question with the consent of
the Chairman.
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12.
12.1
12.2
12.3
MOTIONS ON NOTICE
Scope of the Motion
Any Motion to Council submitted in accordance with this Rule must be about a matter(s) for
which the Council has a responsibility, or which affects the District of Tendring, or is about a
matter(s) of regional, national or international importance which could be reasonably considered
to affect residents of the District and upon which a Member wishes the Council to undertake an
action or to make its views and opinions publicly known.
Notice of the Motion
No Member shall, under the provisions of this Rule, submit more than one motion for
consideration at any ordinary meeting of the Council.
A maximum of two motions shall be accepted for inclusion in an agenda for an Ordinary Meeting
of the Council under this Procedure Rule. Motions cannot be submitted to the annual meeting
of the Council or to the Budget and Council Tax setting meeting of the Council.
Except for a motion which can be moved without notice under Rule 13 (Motions without Notice),
written and signed notice (or notice by personal email) of the motion by the Member or members
submitting it, must be delivered to the Democratic Services Manager by no later than the initial
deadline of midday ten working days before the date of the ordinary meeting of the Council.
This initial deadline is to allow a period of time for Officers to consider the wording of the motion
and to offer appropriate guidance, if necessary, and as detailed below. If submitted by email
the motion should be sent to democraticservices@tendringdc.gov.uk .
The Monitoring Officer and/or the Democratic Services Manager (or in their absence the
Assistant Director Corporate Policy and Support) are authorised and encouraged under this
Rule to offer guidance and assistance to the Member(s) as to the wording of their Motion (in
order to make it clear and obvious [as also referenced in Rule 12.7 below] what the Council’s
powers are should the Motion relate to an Executive function and/or to generally make the
motion acceptable as a valid motion). The Member(s) submitting the Motion will be informed of
the Officers’ guidance as soon as possible and they will have until the final deadline of midday
eight working days before the day of the ordinary meeting of the Council to notify the Officers
whether they accept the Officers’ advice.
The Monitoring Officer and/or the Democratic Services Manager (or in their absence the
Assistant Director Corporate Policy and Support) will then formally decide whether to accept the
motion as a valid motion having had regard to the provisions of Rule 14 (Motions not Permitted).
Motion set out in Agenda
Valid motions for which notice has been given will be listed on the agenda in the order in which
notice was received, unless the Member(s) in giving that notice states, in writing, that they wish
it to be included on the Agenda of a future ordinary meeting of the Council.
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12.4
12.5
12.6
Withdrawal of the Motion
Prior to the publication of the Agenda for the ordinary meeting of the Council in question (which
will be at least five clear, working days before the meeting) the Member or Members may
withdraw their Motion by notifying the Democratic Services Manager of their wish to do so. This
notification must be submitted to the Democratic Services Manager by a written and signed
notice (or notice by e-mail to democraticservices@tendringdc.gov.uk ).
Once the Agenda for the ordinary meeting of the Council in question has been published the
Motion can only be withdrawn at the Council meeting itself in accordance with the provisions of
Council Procedure Rule 16.7 (Withdrawal of Motion).
Professional Advice of the Council’s Statutory Officers on the Motion
Once the Motion has been accepted as being valid by the Monitoring Officer and/or the
Democratic Services Manager a formal Advisory Note detailing any necessary initial
professional advice in relation to the implications for the Council of that Motion will be prepared
by the Council’s Statutory Officers, with the Monitoring Officer acting as the lead officer in the
compilation of that Advisory Note.
In that regard:
(i)
(ii)
(iii)
the Head of Paid Service (i.e. the Chief Executive) will give any necessary professional
advice on implications for the Council in respect of his responsibilities in relation to
staffing matters;
the Monitoring Officer will give any necessary professional advice on implications for the
Council in respect of budgetary, constitutional or legislative requirements; and
the Section 151 Officer will give any necessary professional advice on implications for
the Council relating to budgetary, constitutional or legislative requirements.
That Advisory Note will be circulated, if possible, to all Members of the Council as part of the
Council Agenda Document Pack. If this is not possible, then the Advisory Note will be circulated
to Members as soon as possible thereafter but in any case no later than Noon on the working
day before the date of the Council meeting.
The Advisory Note will also be published on the Council’s website (unless of course the Exempt
Information provisions apply).
At the meeting itself, Council must have regard to the contents of the Advisory Note in making
its decision on the Motion, as set out in Section 3.7 of the Members’ Code of Conduct.
Consideration of the Motion at an Ordinary Meeting of the Council
At the meeting itself the Chairman will invite the Member who submitted the motion to formally
move it and then to proceed to read out the text of the Motion (for the benefit of the public who
are either watching proceedings from the public gallery or via the livestream). The Member who
moved the motion will not be required to explain its purpose at this stage of the proceedings.
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The Chairman will then ask for a seconder for the motion. If there is no seconder then the
motion will be declared by the Chairman as having failed and the Chairman will immediately
move onto the next business on the agenda.
In the event that the Motion is not moved at this time by the Member who gave notice thereof,
due to their absence, it will be treated as withdrawn and cannot be moved without a fresh notice
given under this Rule, unless the Chairman is aware of mitigating circumstances for that
Member’s absence and Council, having been made aware of such circumstances, decides, with
the consent of the simple majority of Members present (which will have been demonstrated,
without any debate, by a show of hands) to defer the Motion to the next ordinary meeting of the
Council. If the Member who gave notice of the Motion considers it a matter of urgency they can
nominate another Member to move the Motion at the Council Meeting by notifying the
Democratic Services Manager of that arrangement by no later than Noon on the day of the
meeting. That nominated Member will, from that point, take “ownership” of the Motion as far as
these Council Procedure Rules are concerned.
At this point in the proceedings, and in the circumstances in which one or more of the Council’s
Statutory Officers has stated in their Advisory Note that the Motion should not be dealt with at
the meeting, the Chairman can declare that, on the advice of the statutory officers, the Motion
is either deferred until the next ordinary meeting of the Council or is referred to the relevant body
or bodies, as appropriate. The Motion will thereupon stand so deferred/referred without
discussion or debate. Council Procedure Rules 12.8, 12.9 and 12.10 will apply, as appropriate
in the circumstances.
Otherwise, if the motion is seconded then it will be proceed to be debated in accordance with
the maximum 60 minute time limit normally allocated for a Motion submitted under this Rule.
This 60 minute period will commence at the point the Chairman calls on the Mover of the Motion
to speak to the motion and explain its purpose and this 60 minute period will also cover any
amendments to the Motion that are accepted and debated upon by Members.
In debating the Motion the provisions, as applicable, of Council Procedure Rules 16, 19, 23, 24,
25, 28 and 29 will apply, together with the principles of decision making as set out in Article
13.02 of the Council’s Constitution.
12.7
Powers available in respect of the Council making a decision on the Motion at an Ordinary
Meeting of the Council
1.
2.
3.
If the Motion relates to a matter under the purview of the Executive, as detailed within
The Local Authorities (Functions and Responsibilities) (England) Regulations 2000, as
amended, then the Council legally can only make a recommendation to the Executive,
or give its advice/opinion to the Executive, in relation to the Motion.
If the Motion relates to a non-executive function that is delegated to a Committee then
the Council can either make a definite conclusive and binding decision, or make a
recommendation to the Committee or give its advice/opinion to the Committee, in relation
to the Motion.
The Council, through its debate, can also through the amendment provisions set out in
Rule 16.5 (Amendments to Motions) delay making a decision on the Motion until a
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future ordinary meeting of the Council if it so wishes, as long as it makes clear its reason
for doing so. Reasons for such a delay could potentially but not exclusively include:
(a)
(b)
(c)
(d)
(e)
(f)
(g)
(h)
12.8
a requirement for further information on the implications of the potential decision
to be researched and submitted;
the lateness of the hour;
the need to hold a site visit;
a requirement for the attendance of an Officer and/or representative of an
external organisation et cetera;
to enable a consultation exercise to be carried out either internally within the
Council or externally;
to enable Political Group Leaders to informally discuss the matter;
to enable a public meeting or inquiry to be held; and
to enable the calling of a referendum (subject to the necessary financial provision
being approved).
Referred Motions – Consideration of the Motion by the Cabinet or a Committee
If the Motion is, in accordance with the provisions of Rule 12.7(3) above, formally referred to the
Cabinet or a Committee for consultation, the Head of Democratic Services & Elections will
ensure that the Motion is included on the agenda of the earliest practical meeting of the
Cabinet/Committee. That body shall be required solely to consider such motion and to advise
the Council (by no later than the second Ordinary Meeting of the Council held following the date
of Council’s referral) of their opinion as to whether such motion should be supported or not
supported. That body will not be required to propose an alternative motion or an amended
motion.
Prior to making its response the Cabinet/Committee may, following consultation with the
relevant Officers, require further information to be presented to it for consideration on the
implications of the proposed motion. Such a report must be considered by that body in a timely
manner.
Once the Cabinet/Committee has considered the Motion it will be sent back to Council with that
body’s response.
12.9
Deferred Motions – Rights of Member submitting/Mover of the Motion
If the Motion has, in accordance with the provisions of Rule 12.6 above, been formally deferred
until the next ordinary meeting of the Council (i.e. due to the “mitigating circumstances” provision
or by the Chairman acting on the advice of the statutory officers) the Member who submitted
the Motion will be made aware of this, as soon as possible, by the Democratic Services Manager
and also of the date of the next ordinary Council meeting.
The right of the Member submitting/mover of the Motion to speak to the motion and explain its
purpose will be automatically reserved until that meeting.
12.10 Referred Motions – Rights of Mover of the Motion
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If the Motion has, in accordance with the provisions of Rule 12.6 above, been formally referred
to a relevant body or bodies (i.e. due to the Chairman acting on the advice of the statutory
officers) the Mover of the Motion (or another Member nominated by them) will be, as a matter
of courtesy, made aware by the Democratic Services Manager of the date(s) of the meeting(s)
of such body or bodies at which their Motion will be considered. The Mover of the Motion (or
other Member nominated by them) will have the right to attend such meeting(s) to speak to the
motion and explain its purpose. That Member will also be permitted to answer questions and/or
provide clarification, if requested to do so by the Chairman of the meeting. The Member will also
have a right of reply (of no more than three minutes duration) to respond to the debate at the
meeting on their motion.
If the Motion has, in accordance with the provisions of Rule 12.7(3) above (i.e. following a debate
at Council) been formally referred to the Cabinet or a Committee for consultation, the Mover of
the Motion (or another Member nominated by them) will be, as a matter of courtesy, made aware
by the Democratic Services Manager of the date of the Cabinet/Committee meeting at which
their Motion will be considered so that they can attend if they so wish.
As the purpose of the motion will have already been explained at the full Council meeting the
Mover of the Motion (or another Member nominated by them) will not have any automatic right
to speak at that meeting though they will be permitted to answer questions and/or provide
clarification, if requested to do so by the Chairman of the meeting. The Member will also have
a right of reply (of no more than three minutes duration) to respond to the debate at the meeting
on their motion.
12.11 Notification of the decision of the Council to the relevant Body
Once the Council has made its final decision on the Motion and if it is relevant and necessary
to do so, the Assistant Director Corporate Policy and Support will, at the earliest practical
meeting of the Cabinet/Committee, as appropriate, formally report that decision of the Council
in order that that body can note the Council’s decision and consider what action, if any, that it
now needs to take.
12.12 Consideration of a Motion at an Extraordinary Meeting of the Council
At an Extraordinary Meeting of the Council any Motion listed on the Agenda will be dealt with at
that meeting in accordance with the provisions, as applicable, of this Rule 12 and Rules 16, 19,
23, 24, 25, 28 and 29 together with the principles of decision making as set out in Article 13.02
of the Council’s Constitution.
13.
MOTIONS WITHOUT NOTICE
The following motions may be moved without notice:
(a)
(b)
(c)
To appoint a Chairman of the meeting at which the motion is moved;
In relation to the accuracy of the minutes;
To change the order of business in the agenda;
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(d)
(e)
(f)
(g)
(h)
(i)
(j)
(k)
(l)
(m)
(n)
(o)
(p)
14.
To refer something to, or back to, Cabinet or relevant Committee;
To receive reports or adoption of recommendations of Committees or Officers and any
resolutions following from them;
To withdraw a motion;
To amend a motion;
To proceed to the next business;
That the question be now put;
To adjourn a debate;
To adjourn a meeting;
To exclude the public and press in accordance with the Access to Information Procedure
Rules;
That a Member named under Rule 23.3 Disorderly Conduct not to be heard further or to
exclude them from the meeting under Rule 23.4;
To give the consent of the Council where its consent is required by this Constitution;
To extend the time limit for a speech; and
In the case of urgency, notice of motion may be given, in writing, signed by the Member,
or Members, giving the notice and the reason for its urgency and delivered by noon on
the morning of the day of the meeting at the office of the Chief Executive who will
immediately advise the Chairman of its receipt. If in the opinion of the Chairman, the
matter is not urgent, the Chairman may direct that it be disallowed.
MOTIONS NOT PERMITTED
No motion shall be submitted on a matter that relates to an item which;
(a)
(b)
(c)
(d)
is not about a matter for which the local authority has a responsibility or which affects
the District or is about a matter of regional, national or international importance that could
not be reasonably considered to affect the residents of the District;
is to be considered on the same Council agenda;
is substantially the same as a motion already received to be put to the ordinary meeting
of the Council in question;
is substantially the same as a motion which has been put at a meeting of the Council in
the past six months;
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(e)
(f)
(g)
(h)
15.
has been the subject of a Key Decision in the previous six months;
is included within the work programme of an Overview and Scrutiny Committee;
is, at the time of submission, subject to call-in or on-going legal proceedings or requires
the disclosure of confidential or exempt information (as defined in the Access to
Information Procedure Rules);
the Monitoring Officer will reject a motion if in their judgment it is likely to lead to a breach
of the Members’ Code of Conduct.
QUESTIONS AFFECTING PERSONS EMPLOYED BY THE COUNCIL
If any question arises at a meeting of the Council or of a Committee or Sub-Committee as to the
appointment, promotion, dismissal, salary, superannuation or conditions of service, or as to the
conduct of any person employed by the Council, such question shall not be the subject of
discussion until the Council, Committee or Sub-Committee has decided whether or not the
power of exclusion of the public shall be exercised.
16.
16.1
16.2
16.3
16.4
RULES OF DEBATE
No Speeches until Motion Seconded
No speeches may be made after a motion has been proposed and explained until it has been
seconded. However, a motion that the recommendations from Cabinet or references from the
relevant Committee shall be adopted need not be seconded.
A Member when seconding a motion or amendment may, if he then declares his intention to do
so, reserve his speech until a later period of debate, subject to Rule 16.10 – Closure Motions.
Right to Require Motion or Amendment in Writing
Unless notice of the motion or amendment has already been given, the Chairman may require
it to be written down and handed to him before it is discussed.
Content and Length of Speeches
Speeches must be directed to the motion under discussion or to a personal explanation or point
of procedure. No speech (including those to move motions) shall exceed three minutes except
with the consent of the Council. This does not apply to the statement by the Leader on the State
of the District and the Leader’s presentation of the budget.
When a Member May Speak Again
A Member who has spoken on a motion may not speak again whilst it is the subject of debate,
except:
(a)
to speak once on an amendment moved by another Member;
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(b)
(c)
(d)
(e)
(f)
16.5
to move or second a further amendment if the motion has been amended since he last
spoke;
if his first speech was on an amendment moved by another Member, to speak on the
main issue (provided the amendment has not been carried);
in exercise of a right of reply;
on a point of procedure; and/or
by way of personal explanation.
Amendments to Motions
(a)
(b)
(c)
An amendment to a motion must be relevant to the motion and either be:
(i)
(ii)
(iii)
(iv)
to refer the matter to the Cabinet or relevant Committee for consultation, further
information on the implications of the potential decision to be researched and
submitted, consideration or reconsideration;
to leave out words;
to leave out words and insert or add others; or
to insert or add words
as long as the effect of (ii), (iii) or (iv) is not to negate the motion or introduce a new
subject matter into the motion before the Council. In addition, any amendment proposed
to be made that may have budgetary implications must have been submitted to the
Council’s Section 151 Officer at least two working days before the Full Council meeting
to enable them to consider the implications for the Council’s Finances.
Furthermore, no amendment will be accepted that could bind or fetter the Executive or
a Committee in relation to matters that are within the responsibility of the Executive or a
Committee of the Council.
Any amendment proposed to be made to the Cabinet’s budget proposals must have
been submitted to the Council’s Section 151 Officer at least two working days before the
Budget Full Council meeting(s) to enable them to consider the implications for the
budget.
Any Member wishing to move an amendment or alternative recommendation to those
made by the Independent Remuneration Panel in respect of the Members’ Scheme of
Allowances must have submitted their proposals to the Council’s Section 151 Officer and
the Monitoring Officer at least two working days before the relevant Full Council meeting
to enable them to consider the legal and financial implications. Any such
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amendment or alternative recommendation must be accompanied by the reasons for
departing from the IRP’s recommendations. Once deemed to be valid by the Monitoring
Officer it will be immediately circulated by email to all Members of the Council. Copies of
such amendment or alternative recommendation(s) will also be placed on Members’
tables prior to the commencement of the Council meeting.
(d)
(e)
(f)
(g)
(h)
16.6
Only one amendment may be moved and discussed at any one time. Subject to Rule
16.10 no further amendment may be moved until the amendment under discussion has
been disposed of. However the Chairman may permit a Member to give formal notice
of the terms of any further amendment which he proposes to move at a later stage in the
proceedings.
A member may withdraw their proposed amendment with the consent of the seconder.
If an amendment is not carried, other amendments to the original motion may be moved.
If an amendment is carried, the motion as amended takes the place of the original
motion. This becomes the substantive motion to which any further amendments are
moved.
After an amendment has been carried, the Chairman will read out the substantive motion
before accepting any further amendments, or if there are none, put it to the vote.
Alteration of Motion
(a)
(b)
(c)
16.7
A Member may alter a motion of which he has given notice with the consent of the
seconder.
A Member may alter a motion that he has moved without notice with the consent of the
seconder.
Only alterations that could be made as an amendment may be made. This includes any
amendment made at the meeting by another Member.
Withdrawal of Motion
A Member may withdraw a motion that he has moved with the consent of the seconder unless
it is the subject of an amendment. No Member may speak on the motion after the mover has
withdrawn it.
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16.8
16.9
Right of Reply
(a)
(b)
(c)
The seconder of a motion (including the seconder of a motion on which an amendment
has been moved), the mover of a motion (including the mover of a motion on which an
amendment has been moved) and the seconder and the mover of an amendment have
a right of reply at the end of the debate on the motion or amendment. Following this, the
appropriate Portfolio Holder or the Chairman of the relevant Committee shall have the
right to speak on the motion or amendment immediately before it is put to the vote.
Where the mover of the motion or amendment was the Leader of the Council, he shall
have the final right to speak.
A Member exercising a right of reply shall confine his remarks to answering the
arguments employed or observations made during the debate and shall not introduce
any new matter.
The right of reply of the seconder of a motion or amendment (as referenced in (a) above)
will only apply if the seconder has not already spoken during the debate on the motion
or amendment in question.
Motions Which May be Moved During Debate
When a motion is under debate, no other motion may be moved except the following procedural
motion:
(a)
(b)
(c)
(d)
(e)
(f)
(g)
(h)
(i)
(j)
to withdraw a motion;
to amend a motion;
to proceed to the next business;
that the question be now put;
to adjourn a debate;
to adjourn a meeting;
to extend the time for speeches;
to give any consent required by these procedure rules;
to suspend one or more of the procedure rules;
to exclude the public and press in accordance with the Access to Information
Procedure Rules; and
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(k)
that a Member named under Rule 23.3 below (Disorderly Conduct), not to be heard
further or to exclude them from the meeting under Rule 23.4.
16.10 Closure Motion
(a)
(b)
A Member may move, without comment, the following motions at the conclusion of a
speech of another Member;
(i)
(ii)
(iii)
(iv)
(v)
That the Council proceed to the next business;
That the question now be put;
That the debate now be adjourned; or
That the Council does now adjourn; or
That the matter be referred to the Cabinet or a Committee(s) in accordance with
the responsibility of functions and the defined terms of reference.
On the seconding of which the Chairman shall, unless in their opinion the matter before
the meeting has been insufficiently discussed, proceed as follows:
(i)
(ii)
(iii)
On a motion to proceed to the next business or to refer the matter to the Cabinet
or a Committee(s): they shall first give the seconder and the mover of the original
motion their right of reply, under Rule 16.8 above, and then put to the vote the
motion to proceed to the next business or to refer the matter;
On a motion that the question now be put: they shall put to the vote the motion
that the question now be put, and if it is passed then the Chairman will give the
seconder and the mover of the original motion their right of reply under Rule 16.8
above before putting their motion to the vote;
On a motion to adjourn the debate or the meeting: they shall put the adjournment
motion to the vote without giving the seconder and the mover of the original
motion their right of reply on that occasion.
16.11 Point of Procedure
A Member may raise a point of procedure at any time. The Chairman will hear him immediately.
A point of procedure may only relate to an alleged breach of these Council Procedure Rules or
the law. The Member must indicate the rule or law and the way in which he considers it has
been broken. The ruling of the Chairman on the matter will be final.
16.12 Personal Explanation
A Member has the right to make a personal explanation when directly related to some material
part of an earlier speech by the Member if it appears to have been misunderstood in the present
debate. The ruling of the Chairman on the admissibility of a personal explanation will be final.
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17.
18.
18.1
18.2
19.
19.1
19.2
19.3
STATE OF TENDRING STATEMENT
At the last ordinary meeting before the Annual Council meeting each year, the Leader will make
a Statement on the State of the Tendring District. The Chairman may permit debate following
the statement.
In addition, the text of the Leader of the Council’s Statement on the State of the Tendring District
must be emailed to the Democratic Services Manager by no later than 5.00 p.m. on the day of
the relevant Full Council meeting in order that copies of same can be printed and placed on
Members’ seats prior to the commencement of the Council meeting. The Democratic Services
Manager will also email the statement to all Members of the Council as soon as possible after
they receive it from the Leader of the Council.
PREVIOUS DECISIONS AND MOTIONS
Motion to Rescind a Previous Decision
A motion or amendment to rescind a decision made at a meeting of Council within the past six
months cannot be moved unless the notice of motion is signed by at least 12 Members.
Motion Similar to One Previously Rejected
A motion or amendment in similar terms to one that has been rejected at a meeting of Council
in the past six months cannot be moved unless the notice of motion or amendment is signed
by at least 12 Members. Once the motion or amendment is dealt with, no one can propose a
similar motion or amendment for six months.
This procedure rule does not apply to motions moved to adopt a recommendation to the Council
from the Cabinet or a Committee.
VOTING
Voting
A Member cannot vote on a matter if they have not been present for the whole of the
consideration of that matter.
Majority
Unless this Constitution provides otherwise, any matter will be decided by a simple majority of
those Members present in the room, eligible to vote and voting at the time the question was put
to the vote.
Chairman’s Casting Vote
If there are equal numbers of votes for and against, the Chairman will have a second or casting
vote. There will be no restriction on how or whether the Chairman chooses to exercise
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a casting vote. In the case of an equality of votes for the election of the Chairman of the Council,
the retiring Chairman or the person presiding at the meeting must exercise a casting vote.
19.4
19.5
19.6
19.7
20.
20.1
20.2
Show of Hands
Unless a recorded vote is demanded under Rule 19.5, the Chairman will take the vote by show
of hands, or if there is no dissent, by the affirmation of the meeting.
Recorded Vote
If 9 Members present at the meeting demand it, the names for and against the motion or
amendment or abstaining from voting will be taken down in writing and entered into the minutes.
A recorded vote is mandatory on any decision relating to the budget or Council Tax. This
includes not only the substantive budget motions agreeing the budget and setting Council taxes,
but also on any amendments proposed at the meeting.
Right to Require Individual Vote to be Recorded
Where any Member requests it immediately after the vote is taken, his vote will be so recorded
in the minutes to show whether he voted for, or against, the motion, or abstained from voting.
Voting on Appointments
Where there is more than one person nominated and seconded for any position to be filled by
the Council then unless the Council decides otherwise at the time, the person receiving most
votes shall be appointed. Where there is only one person nominated and seconded, Members
will cast their votes either for or against that person. The person nominated will be appointed if
the votes for are more than the votes against.
MINUTES
Signing the Minutes
The Chairman will sign the minutes of the proceedings at the next suitable ordinary meeting.
The Chairman will move that the minutes of any previous meeting be signed as a correct record.
The only issue in relation to the minutes that can be discussed is their accuracy.
Form of Minutes
Minutes of any Council, Committee or Sub-Committee meeting shall comprise a brief summary
of the proceedings of, and business transacted at, the meeting. Minutes will not record details
of the debate or the views or comments of individual Members. The exceptions to this are
committees and sub-committees when considering applications, hearings and appeals or
receiving evidence. The Minutes of such meetings will give summarised details of the issues
covered in the debate.
No Minutes of any meeting will be produced as a verbatim recording of those proceedings.
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Minutes will contain all motions and amendments in the exact form and order the Chairman
accepted them as being proper motions/amendments and put them to the vote.
Minutes will also record those instances when a Member has submitted their apologies for
absence. If so requested by the Member concerned the Minutes will also record the reason for
their absence.
21.
22.
23.
23.1
23.2
23.3
23.4
23.5
24.
RECORD OF ATTENDANCE
All Members present during the whole, or part, of any meeting must sign their names on the
attendance sheets before the end of that meeting to assist with the record of attendance.
EXCLUSION OF PUBLIC
Members of the public and press may only be excluded either in accordance with the Access to
Information Procedure Rules in Part 4 of this Constitution or Rule 24 (Disturbance by Public).
MEMBERS’ CONDUCT
Standing to Speak
When a Member speaks at full Council he must stand (if possible) and address the meeting
through the Chairman. If more than one Member stand, the Chairman will ask one to speak
and the others must sit. Other Members must remain seated whilst a Member is speaking
unless they wish to make a point of procedure or a point of personal explanation.
Chairman Standing
When the Chairman stands during a debate, any Member speaking at that time must stop and
sit down. The meeting must be silent.
Member Not to be Heard Further
If a Member persistently disregards the ruling of the Chairman by behaving improperly, or
offensively, or deliberately obstructs business, the Chairman or any other Member may move
that the Member not be heard further. If seconded, the motion will be voted on without
discussion.
Member to Leave the Meeting
If the Member continues to behave improperly after a motion in Rule 23.3 is carried, the
Chairman 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
If there is a general disturbance making orderly business impossible, the Chairman may adjourn
the meeting for as long as he thinks necessary.
DISTURBANCE BY PUBLIC
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24.1
24.2
25.
25.1
25.2
26.
27.
28.
29.
Removal of a Member of the Public
If a member of the public interrupts proceedings, the Chairman will warn the person concerned.
If he continues to interrupt, the Chairman will order his removal from the meeting room.
Clearance of Part of Meeting Room
If there is a general disturbance in any part of the meeting room open to the public, the Chairman
may call for that part to be cleared.
SUSPENSION AND AMENDMENT OF COUNCIL PROCEDURE RULES
Suspension
All of these Council Procedure Rules except Rules 19.6 and 20.1 may be suspended by motion
on notice, or without notice, if at least 36 Members of the Council are present and 25 Members
vote in favour of suspension. Suspension can only be for the duration of the meeting.
Amendment
Any motion by a Member to add to, vary or revoke these Council Procedure Rules will, when
proposed and seconded, will stand adjourned without discussion to the next ordinary meeting
of the Council.
RESIGNATION OF CHAIRMANSHIP ETC
The Chairman or Vice-Chairman of the Council may at any time, by notice in writing delivered
to the Chief Executive, resign their position and such resignation shall take immediate effect on
delivery of the notice.
CASUAL VACANCIES ETC
On a casual vacancy occurring in the office of Chairman or Vice-Chairman of the Council an
election to fill the vacancy shall be held not later than the next ordinary meeting of the Council
after the date on which the vacancy occurs, or if that meeting is held within fourteen days after
that date, then not later than the next ordinary meeting of the Council, and shall be conducted
in the same manner as an ordinary election.
STATUTORY OFFICERS’ ADVICE
The Chief Executive, Monitoring Officer and Section 151 Officer will provide advice on the scope
of powers and authority to take decisions, maladministration, financial impropriety, probity and
budget and policy framework issues to the Chairman and, if requested, to all Councillors
present.
INTERPRETATION OF PROCEDURE RULES
At any meeting the ruling of the Chairman as to the construction or application of any of the
Council Procedure Rules, or as to any proceedings of the Council, shall not be challenged.
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Any advice provided by the Statutory Officers in assisting the Chair for the application of the
Rules can be shared with all Councillors.
30.
31.
32.
PETITIONS
Petitions will be dealt with in accordance with the scheme approved by Council, contained within
Part 5 of the Constitution.
The rules of debate will be in accordance with the Council Procedure Rules.
The length of speeches by presenters of petitions shall not exceed three minutes.
MINOR AMENDMENTS OF GUIDANCE
Any minor amendment of these rules as a consequence of any written advice or guidance to
Officers and Members is delegated to the Monitoring Officer.
APPLICATION TO COMMITTEES AND SUB-COMMITTEES
All of the Council Procedure Rules apply to meetings of the Council.
None of these rules apply to meetings of the Cabinet.
Rules 6-9, 11.3-11.5, 11.7 – 11.9, 15, 16 (excluding 16.4), 19 (excluding 19.5 and 19.7), 20 –
24 (excluding 23.1), 26, 28, 29 and 31 including those in Part 2 below apply with any necessary
modification to meetings of Committees and Sub-Committees. Rule 40 applies only to the
Planning Policy & Local Plan Committee and the Planning Committee.
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COUNCIL PROCEDURE RULES
COUNCIL PROCEDURE RULES
SECTION 2 – COMMITTEE MEETINGS
33.
APPOINTMENT OF MEMBERS OF COMMITTEES AND SUB-COMMITTEES/VACANCIES IN
CHAIRMANSHIP
33.1 General
Subject to the rules of political proportionality, as provided in the Local Government and Housing
Act 1985 (Section 15) and the Local Government (Committees and Political Groups)
Regulations 1990, and Rule 33.2 below, Full Council (usually at its Annual Meeting) will appoint
Committees and Sub-Committees in accordance with the Local Government Act 1972 (Section
102).
33.2 Eligibility
Subject to the provisions of Rule 33.3 below the eligibility requirements with regard to
membership of Committees and Sub-Committees are as follows:-
Overview and Scrutiny Committees
All Councillors except Cabinet members may be members of the Overview and Scrutiny
Committees.
Audit Committee, Human Resources and Council Tax Committee, Licensing and Registration
Committee, Planning Policy & Local Plan Committee, Planning Committee and Miscellaneous
Licensing Sub-Committee
All Councillors may be members of these Committees.
The members of the Miscellaneous Licensing Sub-Committee must also be members of the
parent Licensing and Registration Committee.
CIPFA Guidance recommends that the membership of the Audit Committee should not cross
over with either the Executive or Scrutiny functions. However, Officers’ advice is that if Members
feel that cross membership is necessary then this should be limited to one member from each
of the Executive or Scrutiny functions. The Chairman of the Audit Committee should not be a
member of the Cabinet.
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Standards Committee
All Councillors may be members of this Committee except that no more than one member of
the Committee shall be a member of the Cabinet (and that member cannot be the Leader of the
Council). In addition, no Leaders of Political Groups can be members of that Committee.
Premises/Personal Licences Sub-Committee
The membership of this Sub-Committee is appointed on an ad hoc basis from the membership
of the Licensing and Registration Committee.
33.3 Training Members of the Audit, Human Resources and Council Tax, Licensing and
Registration, Overview and Scrutiny, Planning and Standards Committees and the
Licensing Sub-Committees
In addition to specific training required as and when necessary, training shall be provided to all
Members appointed to the Audit, Human Resources and Council Tax, Licensing and
Registration, Overview and Scrutiny, Planning and Standards Committees and the Licensing
Sub-Committees on an annual basis at an appropriate date and time after each annual meeting
of the Council and such training shall be mandatory.
A Member cannot sit as a member of the Planning Committee unless they have received specific
training with regard to the determination of planning applications.
A Member cannot sit as a member of the Licensing and Registration Committee or its Sub
Committees unless they have received the specific training with regard to the broad range of
licensing matters, (or the specific training to the subject matter of the Sub-Committee) as set
out within (but not necessarily limited to) the Licensing Act 2003, the Gambling Act 2005 and
the Local Government (Miscellaneous Provisions) Act 1982.
A Member cannot sit as a member of the Audit Committee unless they have received specific
training with regard to the determination of the Council’s Statement of Accounts and
comprehension of Auditor reports.
A Member cannot sit as a member of the Standards Committee unless they have received
specific training with regard to the Hearings Procedure and participation in Hearings.
A Member of the Human Resources and Council Tax Committee cannot sit as a member of a
Personnel Appeals Sub-Committee of that Committee unless they have received specific
training with regard to determining Employment appeals (for specific senior officer posts)
A Member cannot sit as a member of an Overview and Scrutiny Committee unless they have
received specific training with regard to work programming and questioning skills.
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No Member can continue to sit as a member of the above committees if they have gone more
than two years without attending any of the relevant training events.
The Monitoring Officer is authorised to approve alternative arrangements for training to enable
Members to attend and take part in the business of the agenda for a particular meeting.
Members training records are held by the Monitoring Officer.
33.4 Resignation of Chairmanship Etc.
Any Chairman, Vice-Chairman or Member of a Committee, Sub-Committee or Working Party
may at any time, by notice in writing or personal email delivered to the Chief Executive, resign
his position and such resignation shall take immediate effect on delivery of the notice.
33.5 Casual Vacancies
In the case of a casual vacancy in the office of a Chairmanship or Vice-Chairmanship of a
Committee, Sub-Committee or Working Party an item shall be placed on the agenda of the next
meeting of the relevant body which shall, before proceeding to any other business, elect from
its Members a Chairman or Vice-Chairman as the case may be for the remainder of the year.
34.
APPOINTMENT OF SUBSTITUTE MEMBERS OF COMMITTEES, SUB-COMMITTEES AND
WORKING PARTIES
34.1 General
Substitute members may attend, speak and vote at meetings of Committees and Sub
Committees of the Council, subject to Rules 33.3 and 33.4. In the case of the Overview and
Scrutiny Committees, such Substitute Members may not be Members of the Cabinet. Substitute
Members may not be appointed to any Working Parties unless that working party has been
established in full accordance with the Widdicombe Rules.
34.2 Eligibility and Effect
A Substitute shall belong to the same political group (as defined in the Local Government and
Housing Act 1989) as the Member for whom he is a Substitute. Substitution by, or of, Members
not in a political group is not permitted.
Only the Member being substituted or their Group Leader (or Deputy) can appoint substitute
members. Notification of a substitute from the Member being substituted or their Group Leader
(or Deputy) must be given to Committee Services prior to the commencement of the meeting at
which the substitution is to apply. Where more than one notification is received, the Group
Leader (or Deputy’s) request will take precedence.
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In those circumstances where the Member who wishes to be substituted has recently left one
political group and joined another or if they have moved to a non-aligned position and in the
absence of a review of the allocation of seats to political groups, the seat remains within the
control of the Member’s previous Group then it shall be for the Leader of that Group to appoint
a substitute.
The substitution will be in effect for the whole of the meeting (including any part thereof that is
adjourned to, and subsequently considered at, a later date). The Substituted Member must not
take their seat.
34.3 Training Substitute Members of the Audit, Human Resources and Council Tax, Licensing
& Registration, Overview & Scrutiny, Planning and Standards Committees
In addition to specific training required as and when necessary, training shall be provided to all
named Substitute Members appointed to the Audit, Human Resources & Council Tax, Licensing
and Registration, Overview & Scrutiny, Planning and Standards Committees and the Licensing
Sub-Committees on an annual basis at an appropriate date and time after each annual meeting
of the Council.
The Monitoring Officer is authorised to approve alternative arrangements for training to enable
Members to attend and take part in the business of the agenda for a particular meeting.
34.4 Substitute Members of the Audit, Human Resources & Council Tax, Licensing &
Registration, Overview & Scrutiny, Planning and Standards Committees and the
Licensing Sub-Committees
Group Leaders shall, provide named Substitute Members (in accordance with proportionality
rules) and all substitutions will only be permitted from this list. Any member of a political group
shall be eligible to act as a named Substitute Member providing that they have received training
in relation to all relevant Audit, Human Resources & Council Tax, Licensing & Registration,
Standards-related, Overview & Scrutiny or Planning matters under a continuing programme
arranged by the Council. When naming a designated substitute, Group Leaders shall, as far as
reasonably practicable, satisfy themselves that the named Member is as conversant with all
relevant Audit, Human Resources & Council Tax, Licensing and Registration, Standards
related, Overview & Scrutiny and Planning matters as the appointed members of those
Committees.
34.5 Substitute Members of the Premises/Personal Licences Sub-Committee
Substitutes for Members of the Premises/Personal Licences Sub-Committee shall be made from
the appointed membership of the Licensing & Registration Committee. Such substitute need
not be a Member of the same political group and the provisions of Rule 34.2 shall not apply.
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The Democratic Services Manager will, at the request of the Group Leader of a member of the
Premises/Personal Licences Sub-Committee or at the request of the Member concerned,
appoint a Substitute from amongst the appointed Membership of the Licensing & Registration
Committee who should have received training in relation to licensing under a continuing
programme arranged by the Council. Such request need not be in writing.
In addition, in arranging the Sub-Committee meeting where additional members of the Licensing
& Registration Committee had indicated their availability those Members will be requested by
Democratic Services to keep the meeting date free in their diaries and they will be sent a copy
of the agenda and reports and accompanying documents etc. Therefore, in the event of the
Sub-Committee being inquorate the meeting will be adjourned whilst Officers attempt to contact
one (or more) of the aforementioned members of the Licensing & Registration Committee and
to request them to attend the Sub-Committee’s meeting.
In the event of the above not being possible in the prevailing circumstances then the Sub
Committee meeting will be adjourned until another date. The Democratic Officer present at the
meeting will have suggested alternative dates available to try and facilitate a quick re
arrangement of the meeting.
35.
MEETINGS OF COMMITTEES
35.1 Ordinary Meetings
The Committees of the Council will normally hold meetings (known as Ordinary Meetings for the
purposes of these Procedure Rules) on dates and at times as the Council decides at its Annual
Meeting.
The business of ordinary meetings of a Committee etcetera shall cease after a duration of three
hours on the day on which the meeting commenced, or such earlier, or later, time as the
Chairman shall consider appropriate. In the event that the Chairman wishes to extend the
meeting beyond three hours they will be expected to give an indication of the length of that
extension and secure the consent of the Committee etc. in doing so.
For the avoidance of any doubt the above requirement does not extend to a meeting of any
committee or sub-committee which is conducting a Hearing into licensing or standards/conduct
or other regulatory matters. On such occasions the Chairman will be expected to call regular
adjournments of the Hearing in order for participants to have comfort and/or refreshment breaks.
35.2 Special Meetings
1.
2.
The Chairman of a Committee can call a Special Meeting of a Committee at any time.
A Special Meeting shall also be called on the requisition of a not less than a quarter of
the whole number of Members of the Committee, delivered in writing, or by email to the Chief
Executive but in no case shall less than three Members requisition a Special Meeting.
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No business except that set out in the Summons and Agenda shall be carried out at a Special
Meeting of a Committee.
35.3 Recording and Streaming of Committee Meetings
In accordance with the approved Protocol for such matters, the Council will make an audio
and/or visual live stream and recordings of its Committees, which will be made available on
the Council’s website for a period of at least one year from the date of the relevant meeting.
36.
ATTENDANCE AT MEETINGS
Except as otherwise provided in this Constitution and in particular having regard to the
provisions of the Access to Information Procedure Rules:-
36.1 Every Member of the Council shall be entitled to attend all meetings of Committees and Sub
Committees. This does not include attendance at Portfolio Holder Working Parties. A Member
of the Council shall not take part in any discussion at a meeting of a Committee or Sub
Committee of which he is not a Member, unless specifically invited to do so by the Chairman of
that meeting, or unless he is attending the meeting of the Committee under the provisions of
Rule 12.6, and he shall in no case be entitled to vote. The Member shall obtain the permission
of the appropriate Chairman prior to the relevant meeting if he wishes to speak at that meeting.
Exceptions to this include that the Portfolio Holder with the responsibility for Planning and the
Chairman of the Planning Committee each have a standing invitation to attend meetings of the
Planning Policy & Local Plan Committee. The Portfolio Holder with the responsibility for
Planning will be permitted to express the views of the Executive on strategic planning issues
and the Chairman of the Planning Committee will be permitted to express the Planning
Committee’s views and comments on the Report items that are being considered by the
Planning Policy & Local Plan Committee.
Additionally, where a Member has submitted a Motion to Council under Rule 12.2 and that
Motion has been referred to a Committee under Rule 12.6 or Rule 12.7 that Member will have
the right to attend the relevant meeting of that Committee and present their Motion, as
appropriately permitted under Rule 12.10.
Where the public speaking scheme (Rule 40) applies to a particular application or matter before
the Planning Committee, no Member shall be entitled to address or speak to the Planning
Committee under this Rule. This does not detract from any rights the Member has under the
public speaking scheme.
At such times as the Standards Committee (in respect of Hearings on standards/conduct related
matters) or the Premises/Personal Licences Sub-Committee (in respect of Hearings on licensing
related matters) exclude the press and public and retire to deliberate and reach their decision
“in camera”, only the duly appointed members of the decision making body will be allowed to
remain in the meeting. All other Councillors will be treated as members of the public and will be
excluded from the meeting at that time.
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36.2 The Chief Executive, Chief Financial Officer and Monitoring Officer have the right to attend,
speak on an item of business, provide representations and present a report to discharge their
statutory and constitutional duties whenever necessary. In such instances, the Committee or
Sub-Committee in question will give due regard of the relevant advice provided. The decision
and minutes of the meeting will record the advice, how it was taken into account and reasons
for any departure.
37.
38.
39.
SUB-COMMITTEES AND WORKING PARTIES
The Council will decide the establishment, terms of reference, delegated powers, number of
Members and the allocation of seats to political groups for all new Sub-Committees.
The Council, (normally at its Annual Meeting) will also appoint individual Members to standing
Sub-Committees and will appoint the Chairman and Vice-Chairman of those Sub-Committees.
Every non-overview and scrutiny Committee of the Council may appoint working parties for
specified purposes in accordance with Part 3 of this Constitution. The Committee may amend
the constitution of the working parties or dissolve them at any time.
The Chairman and Vice-Chairman of any working parties appointed by a Committee will be
determined at the first meeting of the working party. Meetings of working parties will normally
be convened, either at an earlier meeting of the working party or by the Democratic Services
Manager in consultation with their Chairman.
QUESTIONS ON NOTICE AT COMMITTEES AND SUB-COMMITTEES
Subject to Rules 11.4 and 11.5 and upon providing two working days’ notice, a Member of a
Committee may, at a meeting thereof, ask the Chairman of it a question on any matter in relation
to which the Council has powers or duties of which affect the Tendring District and which falls
within the terms of reference of that Committee.
SITE VISITS, SPECIFIC BRIEFING OR TRAINING
39.1 Where a site visit, specific briefing or training is called by Officers in relation to a planning or
licensing application received by the Council, any Member or Substitute Member of that
Committee who does not attend the site visit, specific training or briefing, shall not be eligible to
take part at the meeting at which the application to which the site visit, specific training or briefing
related is to be considered.
39.2 Notification of site visits arranged by any Committee or Sub-Committee shall be given to the
Members for the ward in which the site is situated. Such Members shall have the right to attend
the site visit but shall not take part in any discussion unless specifically invited to do so by the
Chairman of the body that has arranged the site visit. The body arranging the site visit shall not
exercise any delegated powers nor take any decisions in the course of the visit.
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40.
SCHEMES TO PERMIT MEMBERS OF THE PUBLIC TO SPEAK AT MEETINGS OF THE
PLANNING POLICY & LOCAL PLAN AND PLANNING COMMITTEES
The Planning Policy & Local Plan Committee and the Planning Committee will each have a
scheme providing a limited right for speaking by members of the public in relation to applications
or other matters of business. The schemes shall be in such a form as the Full Council
determines having considered a recommendation from the relevant Committee.