TERMS OF REFERENCE

FINANCIAL REGULATIONS

Meetings of the Council shall be held in the Council Chamber of the Town Council at 7.30 pm. on Monday every six weeks after the Statutory Annual Meeting of the Council or, if this is a Public Holiday, on the Tuesday after (the next day) or the following Monday, as the Town Mayor shall determine in consultation with the Clerk.

The Statutory Annual Meeting (a) in an election year shall be held on the Monday next following the fourth day after the ordinary day of elections to the Council (unless that is a Public Holiday in which case it shall be held on either the next day (Tuesday) or on the following Monday) and (b) in a year which is not an election year shall be held on the second Monday in May.

The person presiding at a meeting may exercise all the powers and. duties of the Chairman in relation to the conduct of the Meeting.

Where a statute, regulation or order confers functions or duties on the proper officer of the Council in the following cases, s/he shall be the Clerk:

In any other case the proper officer shall be the person nominated by the Council and,in default of nomination, the Clerk.

Six members shall constitute a quorum or one third of the membership of the Council whichever is the greater.

If a quorum is not present when the Council meets or if during a meeting the number of councillors present and not debarred by reason of a declared prejudicial interest falls below the quorum, the business not transacted at that meeting shall be transacted at the next meeting or on such other day as the Town Mayor may fix.

Members shall vote by show of hands, or, if at least two members so request by signed ballot.

If a member so requires, the Clerk shall record the names of the members who voted on any question so as to show whether they voted for or against it.

In an election year councillors should execute Declarations of Acceptance of Office in each others presence, or in the presence of a proper officer previously authorised by the Council to take such declaration, before the annual meeting commences.

To receive the Town Mayor's declaration of acceptance of office or, if not then received, to decide when it shall he received.

In the ordinary year of election of the Council to fill any vacancies left unfilled at the election by reason of insufficient nominations.

To decide when any declarations of acceptance of office which have not beenreceived as provided by law shall be received.

To consider the payment of any subscriptions falling to be paid annually.

To inspect any deeds and trust instruments in the custody of the council, and shall thereafter follow the order set out in Standing Order 6.5.

At every meeting other than the Annual Meeting the first business shall be to appoint a Chairman if the Town Mayor and Deputy Town Mayor be absent and to receive such declarations of acceptance of office (if any) as are required by law to be made, or if not then received to decide when they shall be received.

In every year not later than the meeting at which the estimates for next year are settled the Council shall review the pay and conditions of service of existing employees.

After the first business has been completed, the order of business, unless the Council otherwise decides on the ground of urgency, shall be as follows:

To read and consider the Minutes: provided that if a copy has been circulated to each member not later than the day of issue of the summons to attend the meeting, the Minutes may be taken as read.

After consideration to approve the signature of the Minutes by the person presiding as a correct record.

To deal with business expressly required by statute to be done.

To dispose of business, if any, remaining from the last meeting.

To authorise the signing of orders of payment where this is not delegated to the Policy and Resources Committee.

To consider resolutions or recommendations in the order in which they have been notified.

Any other urgent business that the Town Mayor has agreed, prior to the meeting commencing, can be raised although such item will not be included. in. the summons to the meeting. No items falling within the purview of Standing Order 25.1 will be permitted.

A motion to vary the order of business on the ground of urgency may be proposed by the Town Mayor or by any member and, if proposed by the Town Mayor, may be put to the vote without being seconded, and shall be put to the vote without discussion.

Except as provided by these Standing Orders, no resolution may be moved unless the business to which it relates has been put on the Agenda by the Clerk or the mover has given notice in writing of its terms and has delivered the notice to the Clerk at least six clear days not later than the Monday in the week before the next meeting of the Council.

The Clerk shall date every notice of resolution or recommendation when received by him shall number each notice in the order in which it was received and shall enter it in a book which shall be open to the inspection of every member of the Council.

The Clerk shall insert in the summons for every meeting all notices of motion or recommendation properly given in the order in which they have been received unless the member giving a notice of motion has stated in writing that he intends to move at some later meeting or that he withdraws it.

If a resolution or recommendation specified in the summons is not moved either by the member who gave notice of it or by any other member, it shall, unless postponed by the Council, be treated as withdrawn and shall not be moved without fresh notice.

If the subject matter of a resolution comes within the province of a committee of the Council, it shall, upon being moved and seconded, stand referred without discussion to such committee or to such other committee as the Council may determine for report; provided that the Town Mayor, if he considers it to be a matter of urgency, may allow it to be dealt with at the meeting at which it was moved.

Every resolution or recommendation shall be relevant to some subject over which the Council has power or which affects its area.

Resolutions dealing with the following matters may be moved without notice:

To silence or eject from the meeting a member named for misconduct.

To invite a member having an interest in the subject matter under debate to remain.

To give consent of the Council where such consent is required by these Standing Orders.

To suspend any Standing Order, subject to those exceptions referred to in Standing Order 34. 1.

A member may ask the Town Mayor or a nominated Committee Chairman any question concerning the business of the Council, provided notice of the question has been given in writing to the Town Clerk before 5 pm. on the Thursday prior to the meeting.

No question not connected with business under discussion shall be asked except during the part of the meeting set aside for questions.

Every question shall be put by the Councillor who has submitted the question. This shall be read verbatim without any alteration from the originally submitted question. The question shall be answered by the person to whom it has been put without discussion.

A person to whom a question has been put may decline to answer or may indicate that they will reply in writing subsequent to the meeting.

No discussion shall take place upon the Minutes of the Council except upon their accuracy. Corrections to the Minutes shall be made by resolution and must be initialled by the Town Mayor.

A resolution or amendment shall not be discussed unless it has been proposed and seconded, and, unless proper notice has already been given, it shall, if required by the Town Mayor, be reduced to writing and handed to him before it is further discussed or put to the meeting.

A member when seconding a resolution or amendment may, if he then declare his intention to do so, reserve his speech until a later period of the debate.

A member shall direct his speech to the question under discussion or to a personal explanation or to a point of order.

No speech by a mover of a resolution shall exceed five minutes, and no other speech shall exceed five minutes except by consent of the Council.

An amendment shall not have the effect of negating the resolution before the Council.

If an amendment is carried, the resolution, as amended, shall take the place of the original resolution and shall become the resolution upon which any further amendment may be moved. If an amendment is rejected other amendments may be moved on the original resolution.

A further amendment shall not be moved until the Council has disposed of every amendment previously moved.

The mover of a resolution or of an amendment shall have a right of reply, not exceeding five minutes.

A member, other then the mover of a resolution, shall not, without leave of the Council. speak more than once on any resolution except to move an amendment or further amendment, or on an amendment, or on a point of order, or in personal explanation, or to move a closure.

A member may rise to make a point of order or a personal explanation. A member rising for these purposes shall be heard forthwith. A personal explanation shall be confined to some material part of a former speech given by him that may have been misunderstood.

A motion or amendment maybe withdrawn by the proposer with the consent of the Council, which shall be signified without discussion, and no member may speak upon it after permission has been asked for its withdrawal unless such permission has been refused.

When a resolution is under debate no other resolution shall be moved except the following:-

A member shall stand when speaking unless permitted by the Town Mayor to sit on account of infirmity.

The ruling of the Town Mayor on a point of order or on the admissibility of a personal explanation shall not be discussed.

If two or more members rise, the Town Mayor shall call upon one of them to speak and the others shall resume their seats.

Whenever the Town Mayor rises during a debate all other members shall be seated and silent.

At the end of any speech a member may, without any additional comment, move "that the question be now put" "that the, debate be now adjourned'' or "that the Council do now adjourn". If such motion is seconded the Town Mayor shall put the motion but, in the case of a motion "to put the question", only if he is of the opinion that the question before the Council has been sufficiently debated. If the motion "that the question be now put" is carried, he shall call upon the mover to exercise or waive his right of reply and shall put the question immediately after that right has been exercised or waived. The adjournment of a debate or of the Council shall not prejudice the mover's right of reply at the resumption. Where a meeting is adjourned the subsequent proceedings are part of the of the original meeting and no new notices or agendas need to be issued except a notification to members not present of the date of the continuation of the meeting.

No member shall at a meeting persistently disregard the ruling of the Town Mayor, wilfully obstruct business, or behave irregularly, offensively, improperly or in such a manner as to scandalise the Council or bring it into contempt or ridicule.

If, in the opinion of the Town Mayor, a member has broken the provisions of Standing Order 11. 1, the Town Mayor shall express that opinion to the Council and thereafter any member may move that the member named no longer be heard or that the member named do leave the meeting, and the motion, if seconded shall be put forthwith and without discussion.

If either of the motions in Standing Order 11.2 is disobeyed, the Town Mayor may suspend the meeting or take such further steps as may reasonably be necessary to enforce them.

The mover of a resolution shall have a right to reply immediately before the resolution is put to the vote. If an amendment is proposed the mover of the amendment shall be entitled to reply immediately before the amendment is put to the vote. A member exercising a right of reply shall not introduce new matter. After the right of reply has been exercised or waived, a vote shall be taken without further discussion.

A member may, with the consent of his seconder, move amendments to his own resolution.

A decision (whether affirmative or negative) of the Council shall not be reversed within six months except either by a special resolution, the written notice whereof bears the names of at least FOUR members of the Council, or by a resolution moved in pursuance of the report or recommendation of a committee.

When a special resolution or any other resolution moved under the provision of Standing Order 14.1 has been disposed of, no similar resolution may be moved within a further six months.

Where more than two persons have been nominated for any position to be filled by the Council and of the votes given there is not an absolute majority in favour of one person, the name of the person having the least number of votes shall be struck off the list and a fresh vote taken, and so on until a majority of votes is given in favour of one person.

DISCUSSIONS AND RESOLUTIONS AFFECTING EMPLOYEES OF THE COUNCIL

If at a meeting there arises any question relating to the appointment, conduct, promotion. dismissal, salary or conditions of service, of any person employed by the Council. it shall not be considered until the Council or committee (as the case may be) has decided whether or not the public shall be excluded.

A document shall not be sealed on behalf of the Council unless its sealing has been authorised by a resolution. Any two members of the Council named in a resolution moved under the provisions of the above paragraph of this Order may seal, on behalf of the Council, any document required by law to be issued under seal.

The Council may at its Annual Meeting appoint standing committees and may at any other time appoint such other committees as are necessary, but subject to any statutory provision in that behalf.

shall not appoint any member of a committee so as to hold office later than the next Annual Meeting,

may at any time dissolve or alter the membership of a committee; and

shall ensure that the political composition of, and the total number of places on, committees fairly and as accurately as possible reflects the political composition of the Full Council.

The Town Mayor and Deputy Town Mayor ex officio shall be members of every Committee.

Every committee shall at its first meeting before proceeding to any other business, elect a Chairman and may elect a Vice Chairman who shall hold office until the next Annual Meeting of the Council, and shall settle its programme of meetings for the year.

Each standing Committee shall operate according to the Terms of Reference set out for that Committee in Appendix A to these Standing Orders and these Terms of Reference shall not be altered except in accordance with procedures as set out in paragraphs 9 and 10 of the Terms of Reference of the Policy and Resources Committee. The Policy and Resources Committee (or any Committee delegated to deal with the financial affairs of the Council) shall always be a standing committee. Otherwise, the Council shall always decide whether a Committee is a standing committee or otherwise at the point of a Committee's inception and may change its designation from time to time by a resolution of the Council. A Committee that is not a standing Committee may have its Terms of Reference agreed or varied by a Resolution of the Council agreed by a simple majority of members present and voting.

The Chairman of a committee may summon an additional meeting of that committee at any time. An additional meeting shall also be summoned on the requisition in writing of not less than a quarter of the members of the committee. The summons shall set out the business to be considered at the special meeting and no other business shall be transacted at that meeting.

Every committee may appoint sub committees for purposes to be specified by the committee and which shall be recorded in the minutes of the Committee as the sub committee's terms of reference. Every Committee may also appoint working parties whose terms of reference shall be recorded in the minutes of the Committee.

The Chairman and Vice Chairman of the committee shall be members of every sub committee appointed by it unless they signify that they do not wish to serve.

Except where ordered by the Council in the case of a committee, or by the Council or by the appropriate committee in the case of a sub committee. the quorum of a committee or sub committee shall be not less than three members.

The Standing Orders on rules of debate (except those parts relating to standing and to speaking more than once) and the Standing Order on interests of members in contracts and other matters shall apply to committee and sub committee meetings. With the agreement of the Committee, the Chairman of each Committee shall have discretion as to whether members may speak on a subject more than once and as to how many times.

The Council may appoint from time to time advisory committees, whose name, and number of members, and the bodies to be invited to nominate members shall be as resolved by the Council.

The Clerk shall inform the members of each, Advisory committee of the terms of reference of the advisory committee as resolved by the Council.

An advisory committee may make recommendations to the Council or to one of its Committees and give notice thereof to the Council or Committees.

An advisory committee may consist wholly of persons who are not members of the Council.

Members of committees and sub committees entitled to vote shall vote by show of hands, or, if at least two members so request, by signed ballot.

Chairman of committees and sub committees shall in the case of an equality of votes have a second or casting vote.

PRESENCE OF NON MEMBERS OF COMMITTEES AT COMMITTEE MEETINGS

A member who has proposed a resolution that has been referred to any committee, of which he is not a member, may explain his resolution to the committee but shall not vote.

The Council's financial procedures shall be as set out in in Appendix B of these Standing Orders, and the Policy and Resources Committee shall from time to time as appropriate and after consultation with other Committees review these.

Orders for the payment of money shall be authorised by resolution of the Council and signed by two members.

The Clerk shall record in a book to be kept for the purpose, particulars of any notice given by any member or any officer of the Council of a prejudicial or personal interest in a contract, and book shall be open during reasonable hours of the day for the inspection of any member of the Council.

If any member has a personal or prejudicial interest within the ambit of the National Code of Local Government Conduct for Parish Councils he shall declare it and thereupon be invited to withdraw from the meeting.

If a candidate for any appointment under the Council is to his knowledge related to any member of or the holder of any office under the Council, he and person to whom he is related shall disclose the relationship in writing to the Clerk. A candidate who fails to do so shall be disqualified for such appointment, and, if appointed, may be dismissed without notice. The Clerk shall report to the Council or to the appropriate committee any such disclosure. Where relationship to a member is disclosed Standing Order 23(3) shall apply.

The Clerk shall make known the purport of Standing Order 23(1) to every candidate.

Any resolution which is moved otherwise than in pursuance of a recommendation of the Policy and Resources Committee or of another committee after recommendation by the Policy and Resources Committee and which, if carried, would, in the opinion of the Chairman of the Policy and Resources Committee, substantially increase the expenditure upon any service which is under the management of or reduce the revenue at the disposal of any committee, or which would involve capital expenditure upon any service which is under themanagement or reduce the revenue at the disposal of the committee, or which would involve capital expenditure, shall, when proposed and seconded, stand adjourned without discussion to the next ordinary meeting of the Council, and any committee affected by it shall consider whether it desires to report thereon and the Policy and Resources Committee shall report and make any appropriate recommendation on the financial aspect of the matter.

Canvassing of members of the Council or of any committee, directly or indirectly, for any remunerated appointment under the Council shall disqualify the candidate for such appointment. The Clerk shall make known the purport of this Standing Order to every candidate.

A member of the Council or of any committee shall not solicit for any person any remunerated appointment under the Council or recommend any person for such appointment or promotion; but, nevertheless, any such member may give a written testimonial of a candidate's ability, experience or character for submission to the Council with an application for appointment.

Standing Orders Nos. 24.1 and 26.1 shall apply to tenders as if the person making the tender were a candidate for an appointment.

A member may for the purpose of his duty as such (but not otherwise), inspect any document in possession of the Council or a committee, and if copies are available shall, on request.. be supplied for the like purpose with a copy.

All Minutes kept by the Council and by any committee shall be open for the inspection of any member of the Council.

No member of the Council or of any committee or sub committee shall in the name of or on behalf of the Council inspect any lands or premises that the council has a right or duty to inspect; or issue orders, instructions or directions unless authorised to do so by the Council or the relevant committee or sub committee. Neither shall any member (unless specifically authorised by Council) respond to official correspondence on behalf of the Council. All such correspondence must, at all times, be sent out by the executive officers of the Council.

No individual member of the Council shall require the compilation of many information by Officers of the Council, or give instructions to any Officer or workman, except in so far as the Town Mayor of Committee Chairman is entitled to instruct the Town Clerk to include any item on a Council or Committee agenda pertinent to the work of the Council or Committee as appropriate and subject to such request conforming in all other respects with these Standing Orders.

The public shall be admitted to all meetings of the Council and its committees and sub committees. that may, however, temporarily exclude the public by means of the following resolution: "That in view of the [special] [confidential] nature of the business about to be transacted, it is advisable in the public interest that the public be temporarily excluded and they are instructed to withdraw."

In all cases where this resolution is used the special reasons should be stated. If a person's advice or assistance is needed they may be invited (by name) to remain after the exclusion resolution is passed.

The Town Clerk shall afford to the press reasonable facilities for taking their report of any proceedings at which they are entitled to he present.

If a member of the public interrupts the proceedings at any meeting, the Town Mayor may, after warning, order that he be removed from the Council Chamber.

A period not exceeding fifteen minutes shall be allowed for all meetings of the Council at which members of the public can ask questions, provided that if there are insufficient questions to fill the fifteen minutes, the Council will commence business forthwith. The meeting will be formally adjourned during such period. Similar arrangements will apply at Committees.

No member of the Council or of any committee or sub committee shall disclose to any person not a member of the Council any business declared to be confidential by the Council, the committee or the sub committee as the case may be.

Any member in breach of Standing Order 30.1 may be removed from any committee or sub committee of the Council by the Council for a period of time to be determined by the Council.

A notice of meetings shall be sent together with an invitation to attend the Council to the County Councillor for the county divisions and to the District Councillor or Councillors for the district wards covered by the Town area.

Every contract, whether made by the Council or by a Committee or Sub Committee to which the power of making contracts shall have been delegated. shall comply with these Standing Orders and no exception from any of the following provisions of these Orders shall be made otherwise than by direction of the Council or, in an emergency, by such a Committee or Sub Committee as aforesaid with the approval of the Chairman of the Policy and Resources Committee.

Express note of any exception from any of the, provisions of these Standing Orders and of the emergency, if any, by which the exception shall have been justified shall, unless recorded in the report of a Committee or Sub Committee that is laid before the Council, be made in the Minutes of the Council.

Before any contract for the supply of goods and materials, execution of works, or any provision as to the maintenance or servicing thereof is made, the Town Clerk shall ensure that the estimated cost of said supply or works has been included in the annual budget of the Council under the appropriate heading.

Any proposed contract for the supply of goods and materials, execution of works or any provision as to the maintenance or servicing thereof which has not been included in the annual budget shall be the subject of a separate report to the appropriate Committee or the Council. If approved, normal tender procedures will apply.

All financial figures contained within these Standing Orders are agreed as at May 2002. They are henceforward to be increased on 1st April 2003 and on each successive anniversary by the annual increase in the Retail Price Index for the twelve month period immediately preceding.

Where the estimated cost of works, goods and materials and related services is as set out below and the requisite provision thereof has been made in the approved budget, the arrangements for the invitation of tenders or quotations and the. subsequent acceptance thereof shall be as shown.

In all cases up to £20,000 where the lowest tender received is in excess of 5% above the original estimate, or in cases over £20,000 where it is in excess of the original estimate, it shall be reported to the appropriate Committee for acceptance or otherwise.

Contracts which exceed £40,000 in value or amount for the supply of goods or materials or the execution of any work for which provision has been made in the annual budget shall not be made unless at least ten days public notice has been given in one or more of the local newspapers circulating in the district. Provided that it shall not be obligatory for the Council or any Committee or Sub Committee exercising powers delegated by the Council to invite tenders for a contract or materials where effective competition is prevented by Government control or where the Town Clerk reports in writing to the Council or to the Committee or Sub Committee exercising such powers that effective competition is prevented by the special nature of the goods or materials required. Nor shall it be necessary to give public notice of the intention to enter into such a contract.

Where the Council has determined that lists shall be kept of persons to be invited to tender for contracts for the supply of goods and materials of specified categories, values or amounts or for the execution of specified categories of work, notices inviting applications for inclusion in the fists shall be published in one or more newspapers or journals circulating amongst such persons as undertake contracts of specified values or amounts or categories.

The list shall contain the names of all persons who wish to be included in it and are approved by the appropriate Committee and indicate whether a person whose name is included on it is approved for contracts for all, or only some of the specified values or amounts or categories.

The said list shall be amended as required from time to time and shall be reviewed at intervals not exceeding five years. Where no such list is kept the Council shall use the equivalent fist maintained by the District Council.

Where, by virtue of a decision of the Council or of the Committees or the Town Clerk duly authorised on that behalf, invitation to tender for a contract is limited to persons whose names appear on the list maintained under this Order, or from the list maintained by the District Council, an invitation to tender for a particular contract shall be sent. Should the said fist not include the required number of tenderers then a minimum of three will be invited to tender.

purchase or repair of patented or proprietary goods or materials sold at fixed price;

purchase of materials normally supplied by specialist contractors;

the execution of work, the purchase of goods or materials or the provision of services involving special, scientific or artistic knowledge;

the execution of work or the purchase of goods or materials which are a matter of urgency after prior reference to the appropriate Committee Chairman;

the purchase of goods or materials which the Town Clerk may from time to time deem it expedient to make in the open market provided that before making any such purchase the approval of the Chairman of the appropriate Committee concerned is obtained and finance is available in the appropriate budget;

contracts with professional persons for the execution of works in which the personal skills of the person is of primary importance, and

those contracts where a Committee may expressly determine that it is in the Council's interests that a tender be negotiated directly with a contractor or supplier of goods or services.

Where in pursuance of these Standing Orders public invitation to tender is required, every notice of such invitation shall state that no tender will be received except in a plain sealed envelope which shall bear the word "Tender" followed by the subject to which it relates. but shall not bear any name or mark indicating the sender and such envelopes shall remain in the custody of the Town Clerk until the time appointed for their opening.

Tenders shall be opened by the Town Clerk or an official of the Council designated by him at one time and only in the presence of such Member or Members of the Council as may have been designated for the purpose by the Council or by the Committee or Sub Committee to which the power of making the contract to which the tenders relate has been delegated. Where tenders have been opened in pursuance of this paragraph they shall be recorded and reported to the next meeting of the appropriate Committee or Sub Committee.