MODEL STANDING ORDERS 2018 (ENGLAND) — UPDATED APRIL 2022
STONE RURAL PARISH COUNCIL
Adopted 16 May 2024
Disorderly conduct at meetings
Extraordinary meetings of the council, committees and sub-committees
Motions for a meeting that require written notice to be given to the proper officer
Motions at a meeting that do not require written notice
Code of conduct and dispensations
Accounts and accounting statements
Financial controls and procurement
Responsibilities to provide information
Responsibilities under data protection legislation
Relations with the press/media
Execution and sealing of legal deeds
Communicating with district and county or unitary councillors
Restrictions on councillor activities
INTRODUCTION
This is version two of Model Standing Orders 2018 (England) updated on April 2022. Update to Model Standing Order 18 only.
How to use model standing orders
Standing orders are the written rules of a local council. Standing orders are essential to regulate the proceedings of a meeting. A council may also use standing orders to confirm or refer to various internal organisational and administrative arrangements. The standing orders of a council are not the same as the policies of a council but standing orders may refer to them.
Local councils operate within a wide statutory framework. NALC model standing orders incorporate and reference many statutory requirements to which councils are subject. It is not possible for the model standing orders to contain or reference all the statutory or legal requirements which apply to local councils. For example, it is not practical for model standing orders to document all obligations under data protection legislation. The statutory requirements to which a council is subject apply whether or not they are incorporated in a council’s standing orders.
The model standing orders do not include model financial regulations. Financial regulations are standing orders to regulate and control the financial affairs and accounting procedures of a local council. The financial regulations, as opposed to the standing orders of a council, include most of the requirements relevant to the council’s Responsible Financial Officer. Model financial regulations are available to councils in membership of NALC.
Drafting notes
Model standing orders that are in bold type contain legal and statutory requirements. It is recommended that councils adopt them without changing them or their meaning. Model standing orders not in bold are designed to help councils operate effectively but they do not contain statutory requirements so they may be adopted as drafted or amended to suit a council’s needs. It is NALC’s view that all model standing orders will generally be suitable for councils.
For convenience, the word “councillor” is used in model standing orders and, unless the context suggests otherwise, includes a non-councillor with or without voting rights.
A model standing order that includes brackets like this ‘( )’ requires information to be inserted by a council. A model standing order that includes brackets like this ‘[ ]’ and the term ‘OR’ provides alternative options for a council to choose from when determining standing orders.
1. RULES OF DEBATE AT MEETINGS
- Motions on the agenda shall be considered in the order that they appear unless the order is changed at the discretion of the chair of the meeting.
- A motion (including an amendment) shall not be progressed unless it has been moved and seconded.
- A motion on the agenda that is not moved by its proposer may be treated by the chair of the meeting as withdrawn.
- If a motion (including an amendment) has been seconded, it may be withdrawn by the proposer only with the consent of the seconder and the meeting.
- An amendment is a proposal to remove or add words to a motion. It shall not negate the motion.
- If an amendment to the original motion is carried, the original motion (as amended) becomes the substantive motion upon which further amendment(s) may be moved.
- An amendment shall not be considered unless early verbal notice of it is given at the meeting and, if requested by the chair of the meeting, is expressed in writing to the chair.
- A councillor may move an amendment to his/her/their own motion if agreed by the meeting. If a motion has already been seconded, the amendment shall be with the consent of the seconder and the meeting.
- If there is more than one amendment to an original or substantive motion, the amendments shall be moved in the order directed by the chair of the meeting.
- Subject to standing order 1(k), only one amendment shall be moved and debated at a time, the order of which shall be directed by the chair of the meeting.
- One or more amendments may be discussed together if the chair of the meeting considers this expedient but each amendment shall be voted upon separately.
- A councillor may not move more than one amendment to an original or substantive motion.
- The mover of an amendment has no right of reply at the end of debate on it.
- Where a series of amendments to an original motion are carried, the mover of the original motion shall have a right of reply either at the end of debate on the first amendment or at the very end of debate on the final substantive motion immediately before it is put to the vote.
- Unless permitted by the chair of the meeting, a councillor may speak once in the debate on a motion except:
- to speak on an amendment moved by another councillor;
- to move or speak on another amendment if the motion has been amended since he/she/they last spoke;
- to make a point of order;
- to give a personal explanation; or
- to exercise a right of reply.
- During the debate on a motion, a councillor may interrupt only on a point of order or a personal explanation and the councillor who was interrupted shall stop speaking. A councillor raising a point of order shall identify the standing order which he/she/they considers has been breached or specify the other irregularity in the proceedings of the meeting he/she/they is concerned by.
- A point of order shall be decided by the chair of the meeting and his/her/their decision shall be final.
- When a motion is under debate, no other motion shall be moved except:
- to amend the motion;
- to proceed to the next business;
- to adjourn the debate;
- to put the motion to a vote;
- to ask a person to be no longer heard or to leave the meeting;
- to refer a motion to a committee or sub-committee for consideration;
- to exclude the public and press;
- to adjourn the meeting; or
- to suspend particular standing order(s) excepting those which reflect mandatory statutory or legal requirements.
- Before an original or substantive motion is put to the vote, the chair of the meeting shall be satisfied that the motion has been sufficiently debated and that the mover of the motion under debate has exercised or waived his/her/their right of reply.
- Excluding motions moved under standing order 1(r), the contributions or speeches by a councillor shall relate only to the motion under discussion and shall not exceed 10 minutes without the consent of the chair of the meeting.
2. DISORDERLY CONDUCT AT MEETINGS
- No person shall obstruct the transaction of business at a meeting or behave offensively or improperly. If this standing order is ignored, the chair of the meeting shall request such person(s) to moderate or improve their conduct.
- If person(s) disregard the request of the chair of the meeting to moderate or improve their conduct, any councillor or the chair of the meeting may move that the person be no longer heard or be excluded from the meeting. The motion, if seconded, shall be put to the vote without discussion.
- If a resolution made under standing order 2(b) is ignored, the chair of the meeting may take further reasonable steps to restore order or to progress the meeting. This may include temporarily suspending or closing the meeting.
3. MEETINGS GENERALLY
Full Council meetings ●
Committee meetings ●
Sub-committee meetings ●
● | a Meetings shall not take place in premises which at the time of the meeting are used for the supply of alcohol, unless no other premises are available free of charge or at a reasonable cost. |
●
|
b The minimum three clear days for notice of a meeting does not include the day on which notice was issued, the day of the meeting, a Sunday, a day of the Christmas break, a day of the Easter break or of a bank holiday or a day appointed for public thanksgiving or mourning. |
● | c The minimum three clear days’ public notice for a meeting does not include the day on which the notice was issued or the day of the meeting unless the meeting is convened at shorter notice |
●
● |
d Meetings shall be open to the public unless their presence is prejudicial to the public interest by reason of the confidential nature of the business to be transacted or for other special reasons. The public’s exclusion from part or all of a meeting shall be by a resolution which shall give reasons for the public’s exclusion. |
e Members of the public may make representations, answer questions and give evidence at a meeting which they are entitled to attend in respect of the business on the agenda. | |
f The period of time designated for public participation at a meeting in accordance with standing order 3(e) shall not exceed 15 minutes unless directed by the chair of the meeting. | |
g Subject to standing order 3(f), a member of the public shall not speak for more than 5 minutes. | |
h In accordance with standing order 3(e), a question shall not require a response at the meeting nor start a debate on the question. The chair of the meeting may direct that a written or oral response be given. | |
i A person shall raise his/her/their hand when requesting to speak and stand when speaking (except when a person has a disability or is likely to suffer discomfort). | |
j A person who speaks at a meeting shall direct his/her/their comments to the chair of the meeting. | |
k Only one person is permitted to speak at a time. If more than one person wants to speak, the chair of the meeting shall direct the order of speaking. | |
●
● |
l Subject to standing order 3(m), a person who attends a meeting is permitted to report on the meeting whilst the meeting is open to the public. To “report” means to film, photograph, make an audio recording of meeting proceedings, use any other means for enabling persons not present to see or hear the meeting as it takes place or later or to report or to provide oral or written commentary about the meeting so that the report or commentary is available as the meeting takes place or later to persons not present. |
●
● |
m A person present at a meeting may not provide an oral report or oral commentary about a meeting as it takes place without permission. |
●
● |
n The press shall be provided with reasonable facilities for the taking of their report of all or part of a meeting at which they are entitled to be present. |
● | o Subject to standing orders which indicate otherwise, anything authorised or required to be done by, to or before the Chair of the Council may in his/her/their absence be done by, to or before the Vice-Chair of the Council (if there is one). |
● | p The Chair of the Council, if present, shall preside at a meeting. If the Chair is absent from a meeting, the Vice-Chair of the Council (if there is one) if present, shall preside. If both the Chair and the Vice-Chair are absent from a meeting, a councillor as chosen by the councillors present at the meeting shall preside at the meeting. |
●
● ● |
q Subject to a meeting being quorate, all questions at a meeting shall be decided by a majority of the councillors and non-councillors with voting rights present and voting. |
●
● ● |
r The chair of a meeting may give an original vote on any matter put to the vote, and in the case of an equality of votes may exercise his/her/their casting vote whether or not he/she/they gave an original vote.
See standing orders 5(h) and (i) for the different rules that apply in the election of the Chair of the Council at the annual meeting of the Council. |
● | s Unless standing orders provide otherwise, voting on a question shall be by a show of hands. At the request of a councillor, the voting on any question shall be recorded so as to show whether each councillor present and voting gave his/her/their vote for or against that question. Such a request shall be made before moving on to the next item of business on the agenda. |
t The minutes of a meeting shall include an accurate record of the following:
i. the time and place of the meeting; ii. the names of councillors who are present and the names of councillors who are absent; iii. interests that have been declared by councillors and non-councillors with voting rights; iv. the grant of dispensations (if any) to councillors and non-councillors with voting rights; v. whether a councillor or non-councillor with voting rights left the meeting when matters that they held interests in were being considered; vi. if there was a public participation session; and vii. the resolutions made. |
|
●
● ●
|
u A councillor or a non-councillor with voting rights who has a disclosable pecuniary interest or another interest as set out in the Council’s code of conduct in a matter being considered at a meeting is subject to statutory limitations or restrictions under the code on his/her/their right to participate and vote on that matter. |
●
|
v No business may be transacted at a meeting unless at least one-third of the whole number of members of the Council are present and in no case shall the quorum of a meeting be less than three.
See standing order 4d(viii) for the quorum of a committee or sub-committee meeting. |