Part 4 - Rules of Procedure

Council Procedure Rules

  1. Annual meeting of the Council
  2. Ordinary meetings
  3. Extraordinary meetings
  4. Appointment of substitute members of committees and sub-committees
  5. Time and place of meetings
  6. Notice of and summons to meetings
  7. Chair of meeting
  8. Quorum
  9. Duration of meeting
  10. Questions/Statements by the public
  11. Questions/Statements by members
  12. Motions on notice
  13. Motions without notice
  14. Rules of debate
  15. State of the District debate
  16. Previous decisions and motions
  17. Voting
  18. Minutes
  19. Record of attendance
  20. Exclusion of public
  21. Members' conduct
  22. Disturbance by public
  23. Members' Interests
  24. Suspension and amendment of Council Procedure Rules
  25. Application to committees and sub-committees

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 within 21 days of the retirement of the outgoing councillors. In any other year, the annual meeting will take place in May.

The annual meeting will:

  1. elect a person to preside if the chairman of Council is not present;
  2. elect the chairman of Council;
  3. elect the vice chairman of Council;
  4. approve the minutes of the last meeting;
  5. receive any announcements from the chairman and/or head of the paid service;
  6. elect the leader;
  7. agree the number of members to be appointed to the executive and appoint those members of the cabinet;
  8. appoint at least one overview and scrutiny committee, a Standards Committee and such other committees as the Council considers appropriate to deal with matters which are neither reserved to the Council nor are executive functions;
  9. agree the scheme of delegation or such part of it as the Constitution determines it is for the Council to agree (as set out in Part 3 of this Constitution);
  10. approve a programme of ordinary meetings of the Council for the year; and
  11. consider any business set out in the notice convening the meeting.

1.2 Selection of Councillors on Committees

At the annual meeting, the council meeting will:

  1. decide which committees to establish for the municipal year;
  2. decide the size and terms of reference for those committees;
  3. decide the allocation of seats to political groups in accordance with the political balance rules; where applicable and where not applicable appoint named individuals to the various seats;
  4. receive nominations of councillors to serve on each committee (where rules do not apply) and outside bodies where applicable; and
  5. appoint to those committees and outside bodies except where appointment to those bodies has been delegated by the Council or is exercisable only by the executive.

2 Ordinary Meetings

Ordinary meetings of the Council will take place 5 times per annum plus the Annual. A further 5 meetings (avoiding August) will be provisionally set and cancelled should no pressing business need to be conducted. Order of Business

  1. elect a person to preside if the chairman and vice chairman are not present;
  2. approve the minutes of the last meeting;
  3. receive any declarations of interest from members;
  4. receive questions or statements 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 in accordance with the public question scheme;
  5. deal with any business from the last Council meeting
  6. receive reports from the executive and the Council's committees and receive questions and answers on any of those reports;
  7. receive reports about and receive questions and answers on the business of joint arrangements and external organisations;
  8. consider motions; and
  9. consider any other business specified in the summons to the meeting,
  10. consider proposals from the executive in relation to the Council's budget and policy framework and reports of the overview and scrutiny committees for debate.
  11. Call in

3 Extraordinary Meetings

3.1 Calling extraordinary meetings

Those listed below may request the proper officer to call Council meetings in addition to ordinary meetings:

  1. the Council by resolution;
  2. the chairman of the Council;
  3. the monitoring officer; and
  4. any five members of the Council if they have signed a requisition presented to the chairman of the council and he/she has refused to call a meeting or has failed to call a meeting within seven days of the presentation of the requisition.

4 Appointment of Substitute Members of Committees and Sub-Committees

4.1 Powers and Duties

Substitute members will have all the powers and duties of any ordinary member of the committee but will not be able to exercise any special powers or duties exercisable by the person they are substituting.

4.2 Substitution

The Leader or Deputy Group Leader for each recognised Group upon the Council, will have authority to substitute members as follows:-
By submitting a signed form to the proper officer before the start of the relevant meeting specify the member unable to attend and member to attend instead. The wording will be as follows:

  1. I hereby certify that the first-named member has authorised me to inform you that he or she wishes to resign from the above body with effect from the commencement of the meeting to be held on the above date.
  2. I hereby nominate the second-named member as a member of the said body with effect from the coming into operation of the above resignation.
  3. I hereby certify that the second-named member has authorised me to inform you that he or she wishes to resign from the said body with effect from the conclusion of the meeting to be held upon the above date.
  4. I hereby nominate the first-named member as a member of the said body with effect from the coming into operation of the resignation referred to in paragraph (iii) hereof.

5 Time and Place of Meetings

The time and place of meetings will be determined by the Head of Paid Service and notified in the summons.

6 Notice and Summons to Meetings

The Head of Paid Service will give notice to the public of the time and place of any meeting in accordance with the Access to Information Rules. At least five clear days before a meeting, the Head of Paid Service will send a summons signed by him or her by post to every member of the Council or leave it at their usual place of residence. 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.

7 Chair of Meeting

The person presiding at the meeting 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.

8 Quorum

The quorum of a meeting will be one quarter of the whole number of members provided at least 5 members are present for an Area Committee, Overview/Scrutiny Panel, Scrutiny Co-ordinating Committee, Licensing Committee and the Planning/Regulatory Panel and in respect of Licensing Sub-Committees and the Standards Committee it is 3, and in the case of the Standards Committee including one of the two the independent persons - the parish council representative only needs to be present when dealing with Parish Council matters. 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. Remaining business will be considered at a time and date fixed by the chairman. If he/she does not fix a date, the remaining business will be considered at the next ordinary meeting.

9 Duration of Meeting

Unless the majority of members present vote for the meeting to continue, any meeting that has lasted for 3 hours will adjourn immediately. Remaining business will be considered at a time and date fixed by the chairman. If he/she does not fix a date, the remaining business will be considered at the next ordinary meeting.

10 Questions by the Public

10.1 General

15 minutes will be set aside at the start of every meeting so that Members of the public may ask questions of or make statements etc to the Cabinet and relevant chairman of other bodies of the Council. The Chairman has the discretion to extend the period.

10.2 Order of questions/statements

Questions/statements will be asked /made in the order notice of them was received, except that the chairman may group together similar questions/statements.

10.3 Notice of questions/statements

A question or statement may only be asked/made if notice has been given by delivering it in writing or by electronic mail to the Head of Democratic Services no later than midday on the working day before the day of the meeting. Each question/statement must give the name and address of the questioner and must name the member of the Council to whom it is to be put. The Chairman has the discretion to extend the period.

10.4 Scope of questions/statements

The Head of Paid Service may reject a question/statement if it:

  • 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/statement which has been put at a meeting of the Council or one of its committees etc in the past six months;
  • requires the disclosure of confidential or exempt information; or
  • relates to complaints about individual members or officers.

10.5 Record of questions/statements

The Head of Democratic Services will enter each question/statement in a book open to public inspection and will immediately send a copy of the question to the member to whom it is to be put/made. Rejected questions/statements will include reasons for rejection. Copies of all questions/statements will be circulated to all members and will be made available to the public attending the meeting.

10.6 Asking the question/statement at the meeting

The chairman will invite the questioner to put the question/statements to the member named in the notice. If a questioner who has submitted a written question is unable to be present, they may ask the chairman to put the question/statement on their behalf. The chairman may ask the question on the questioner's behalf, indicate that a written reply (where applicable) will be given or decide, in the absence of the questioner, that the question/statement will not be dealt with.

10.7 Supplemental questions

A questioner who has put a question in person may also put one supplementary question without notice to the member who has replied to his or her original question. A supplementary question must arise directly out of the original question or the reply. The chairman may reject a supplementary question on any of the grounds in Rule 10.4 above.

10.8 Written answers

Any question which 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.

10.9 Reference of question to [the Cabinet or] a committee

Unless the chairman decides otherwise, no discussion will take place on any question, but any member may move that a matter raised by a question be referred to the executive or the appropriate committee or sub-committee. Once seconded, such a motion will be voted on without discussion.

11 Questions by Members

11.1 On reports of the executive

A member of the Council may ask the leader any question without notice upon an item of the report of the executive or a committee when that item is being received or under consideration by the Council.

11.2 Questions on notice at full Council

Subject to Rule 11.4, a member of the Council may ask:

  • the chairman;
  • a member of the Cabinet; or
  • the chairman of any committee or sub-committee
  • a question on any matter in relation to which the Council has powers or duties or which affects the district.

11.3 Questions on notice at committees and sub-committees

Subject to Rule 11.4, a member of a committee or sub-committee may ask the chairman of it a question on any matter in relation to which the Council has powers or duties or which affect the district and which falls within the terms of reference of that committee or sub-committee.

11.4 Notice of questions

A member may only ask a question under Rule 11.2 or 11.3 if either:

  1. they have given at least 7 working days notice in writing of the question to Head of Democratic Services; or
  2. the question relates to urgent matters, they have the consent of the chairman to whom the question is to be put and the content of the question is given to Head of Democratic Services by noon on the day of the meeting.

11.5 Response

An answer may take the form of:

  1. a direct oral answer;
  2. where the desired information is in a publication of the Council or other published work, a reference to that publication; or
  3. where the reply cannot conveniently be given orally, a written answer circulated later to the questioner.

11.6 Supplementary question

A member asking a question under Rule 11.2 or 11.3 may ask one supplementary question without notice of the member to whom the first question was asked. The supplemental question must arise directly out of the original question or the reply

12 Motions on Notice

12.1 Notice

Except for motions which can be moved without notice under Rule 13, written notice of every motion, signed by at least 2 members, must be delivered to Head of Democratic Services not later than 10 clear working days before the date of the meeting. These will be entered in a book open to public inspection.

12.2 Motion set out in agenda

Motions for which notice has been given will be listed on the agenda in the order in which notice was received, unless the member giving notice states, in writing, that they propose to move it to a later meeting or withdraw it.

12.3 Scope

Motions must be about matters for which the Council has a responsibility or which affect Salisbury District

13 Motions without Notice

The following motions may be moved without notice:

  1. to appoint a chairman of the meeting at which the motion is moved;
  2. in relation to the accuracy of the minutes;
  3. to change the order of business in the agenda;
  4. to refer something to an appropriate body or individual;
  5. to appoint a committee or member arising from an item on the summons for the meeting;
  6. to receive reports or adoption of recommendations of committees or officers and any resolutions following from them;
  7. to withdraw a motion;
  8. to amend a motion;
  9. to proceed to the next business;
  10. that the question be now put;
  11. to adjourn a debate;
  12. to adjourn a meeting;
  13. that the meeting continue beyond 3 hours in duration;
  14. to suspend a particular council procedure rule;
  15. to exclude the public and press in accordance with the Access to Information Rules;
  16. to not hear further a member named under Rule 21.3 or to exclude them from the meeting under Rule 21.4; and
  17. to give the consent of the Council where its consent is required by this Constitution.

14 Rules of Debate

14.1 No speeches until motion seconded

No speeches may be made after the mover has moved a proposal and explained the purpose of it until the motion has been seconded.

14.2 Right to require motion in writing

Unless notice of the motion has already been given, the chairman may require it to be written down and handed to him/her before it is discussed.

14.3 Seconder's speech

When seconding a motion or amendment, a member may reserve their speech until later in the debate.

14.4 Content and length of speeches

Speeches must be directed to the question under discussion or to a personal explanation or point of order. No speech may exceed 5 minutes without the consent of the chairman.

14.5 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:

  1. to speak once on an amendment moved by another member;
  2. to move a further amendment if the motion has been amended since he/she last spoke;
  3. if his/her first speech was on an amendment moved by another member, to speak on the main issue (whether or not the amendment on which he/she spoke was carried);
  4. in exercise of a right of reply;
  5. on a point of order; and
  6. by way of personal explanation.

14.6 Amendments to motions

  1. An amendment to a motion must be relevant to the motion and will either be:

    1. to refer the matter to an appropriate body or individual for consideration or reconsideration;
    2. to leave out words;
    3. to leave out words and insert or add others; or
    4. to insert or add words. as long as the effect of (ii) to (iv) is not to negate the motion.
  2. Only one amendment may be moved and discussed at any one time. No further amendment may be moved until the amendment under discussion has been disposed of.
  3. If an amendment is not carried, other amendments to the original motion may be moved.
  4. 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.
  5. After an amendment has been carried, the chairman will read out the amended motion before accepting any further amendments, or if there are none, put it to the vote.

14.7 Alteration of motion

  1. A member may alter a motion of which he/she has given notice with the consent of the meeting. The meeting's consent will be signified without discussion.
  2. A member may alter a motion which he/she has moved without notice with the consent of both the meeting and the seconder. The meeting's consent will be signified without discussion.
  3. Only alterations which could be made as an amendment may be made.

14.8 Withdrawal of motion

A member may withdraw a motion which he/she has moved with the consent of both the meeting and the seconder. The meeting's consent will be signified without discussion. No member may speak on the motion after the mover has asked permission to withdraw it unless permission is refused.

14.9 Right of reply

  1. The mover of a motion has a right to reply at the end of the debate on the motion, immediately before it is put to the vote.
  2. If an amendment is moved, the mover of the original motion has the right of reply at the close of the debate on the amendment, but may not otherwise speak on it.
  3. The mover of the amendment has no right of reply to the debate on his or her amendment.

14.10 Motions which may be moved during debate

When a motion is under debate, no other motion may be moved except the following procedural motions:

  1. to withdraw a motion;
  2. to amend a motion;
  3. to proceed to the next business;
  4. that the question be now put;
  5. to adjourn a debate;
  6. to adjourn a meeting;
  7. that the meeting continue beyond 3 hours in duration;
  8. to exclude the public and press in accordance with the Access to Information Rules; and
  9. to not hear further a member named under Rule 21.3 or to exclude them from the meeting under Rule 21.4

14.11 Closure motions

  1. A member may move, without comment, the following motions at the end of a speech of another member:

    1. to proceed to the next business;
    2. that the question be now put;
    3. to adjourn a debate; or iv. to adjourn a meeting.
  2. If a motion to proceed to next business is seconded and the chairman thinks the item has been sufficiently discussed, he or she will give the mover of the original motion a right of reply and then put the procedural motion to the vote.
  3. If a motion that the question be now put is seconded and the chairman thinks the item has been sufficiently discussed, he/she will put the procedural motion to the vote. If it is passed he/she will give the mover of the original motion a right of reply before putting his/her motion to the vote
  4. If a motion to adjourn the debate or to adjourn the meeting is seconded and the chairman thinks the item has not been sufficiently discussed and cannot reasonably be so discussed on that occasion, he/she will put the procedural motion to the vote without giving the mover of the original motion the right of reply.

14.12 Point of order

A member may raise a point of order at any time. The chairman will hear them immediately. A point of order may only relate to an alleged breach of these Council Rules of Procedure or the law. The member must indicate the rule or law and the way in which he/she considers it has been broken. The ruling of the chairman on the matter will be final.

14.13 Personal explanation

A member may make a personal explanation at any time. A personal explanation may only relate to some material part of an earlier speech by the member which may appear to have been misunderstood in the present debate. The ruling of the chairman on the admissibility of a personal explanation will be final.

15 State of the District Debate

15.1 Calling of debate

The leader will call a state of the District debate annually on a date and in a form to be agreed with the chairman.

15.2 Form of debate

The leader will decide the form of the debate with the aim of enabling the widest possible public involvement and publicity. This may include holding workshops and other events prior to or during the state of the District debate.

15.3 Chairing of debate

The debate will be chaired by the chairman.

15.4 Results of debate

The results of the debate will be:

  1. disseminated as widely as possible within the community and to agencies and organisations in the area; and
  2. considered by the leader in proposing the budget and policy framework to the Council for the coming year.

16 Previous Decisions and Motions

16.1 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 15 members.

16.2 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 15 members. Once the motion or amendment is dealt with, no one can propose a similar motion or amendment for six months.

17 Voting

17.1 Majority

Unless this Constitution provides otherwise, any matter will be decided by a simple majority of those members voting and present in the room at the time the question was put.

17.2 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 the chairman chooses to exercise a casting vote.

17.3 Show of hands

Unless a ballot or recorded vote is demanded under Rules 17.4 and 17.5, the chairman will take the vote by show of hands, or if there is no dissent, by the affirmation of the meeting.

17.4 Ballots

The vote will take place by ballot if the majority of members present at the meeting demand it. The chairman will announce the numerical result of the ballot immediately the result is known.

17.5 Recorded vote

If the majority of members present at the meeting demand it, (except at full Council where 6 people standing will suffice) 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 demand for a recorded vote will override a demand for a ballot. A recorded vote can only be taken on matters being determined by that body and not on recommendations or referrals.

17.6 Right to require individual vote to be recorded

Where any member requests it immediately after the vote is taken, their vote will be so recorded in the minutes to show whether they voted for or against the motion or abstained from voting.

17.7 Voting on appointments

If there are more than two people nominated for any position to be filled and there is not a clear majority of votes in favour of one person, then the name of the person with the least number of votes will be taken off the list and a new vote taken. The process will continue until there is a majority of votes for one person.

18 Minutes

18.1 Signing the minutes

The chairman will sign the minutes of the proceedings at the next suitable meeting. The chairman will move that the minutes of the previous meeting be signed as a correct record. The only part of the minutes that can be discussed is their accuracy.

18.2 No requirement to sign minutes of previous meeting at extraordinary meeting.

Where in relation to any meeting, the next meeting for the purpose of signing the minutes is a meeting called under paragraph 3 of schedule 12 to the Local Government Act 1972 (an Extraordinary Meeting), then the next following meeting (being a meeting called otherwise than under that paragraph) will be treated as a suitable meeting for the purposes of paragraph 41(1) and (2) of schedule 12 relating to signing of minutes.

18.3 Form of minutes

Minutes will contain all adopted motions and amendments in the exact form and order the chairman put them.

19 Record of Attendance

The record of member attendance shall be by way of inclusion in the minutes.

20 Exclusion of Public

Members of the public and press may only be excluded either in accordance with the Access to Information Rules in Part 4 of this Constitution or Rule 22 (Disturbance by Public).

21 Members' Conduct

21.1 Standing to speak

When a member speaks at full Council they must stand (unless the Chairman rules otherwise) and address the meeting through the chairman. If more than one member stands, 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 order or a point of personal explanation.

21.2 Chairman standing

When the chairman stands during a debate, any member speaking at the time must stop and sit down. The meeting must be silent.

21.3 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 may move that the member be not heard further. If seconded, the motion will be voted on without discussion.

21.4 Member to leave the meeting

If the member continues to behave improperly after such a motion 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.

21.5 General disturbance

If there is a general disturbance making orderly business impossible, the chairman may adjourn the meeting for as long as he/she thinks necessary.

22 Disturbance by Public

22.1 Removal of member of the public

If a member of the public interrupts proceedings, the chairman will warn the person concerned. If they continue to interrupt, the chairman will order their removal from the meeting room.

22.2 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.

23 Members' Interest

23.1

Any Member who has a personal and prejudicial interest within the meaning of Section 94 of the Local Government Act 1972 in any matter under consideration by the Council, the Cabinet, a committee or sub-committee shall declare the nature of that interest and be given an opportunity to do so by the Chair or as soon as possible thereafter.

23.2

Any Member with a prejudicial interest shall withdraw from the meeting and the room until the end of the debate on the matter in which he or she has an interest unless;

  • A dispensation has been granted by the Standards Committee, or
  • the interest is in a matter, which is under consideration only by reason of a report on the minutes of a meeting and the item discussed is not in itself subject of the debate.
  • The Code of Conduct allows exceptions.

23.3

Any Member with a personal interest only defined by the Code of Conduct for Members forming part of the Constitution of the Council shall disclose their interest as above but may remain, speak and vote. In circumstances where a Councillor who is a Member of an Overview/Select Committee and also a Member of the Area Committee whose specific decisions in relation to functions delegated to it by the Cabinet are being scrutinised, that Councillor may not speak or vote at that Overview/Select Committee unless given a dispensation to do so by the Standards Committee prior to the meeting. Where an overview/select Committee is reviewing policy rather than decisions it is sufficient for a councillor who is a member of an area committee which has functions delegated to it by the Cabinet within the policy area in question, to declare his or her interest orally before the relevant agenda item is reached, he or she may then remain to speak and vote on the relevant item.A Member of the local authority must regard himself as having a prejudicial interest in a matter if -

  1. he is present at a meeting of an overview and scrutiny committee (whether or not he is a member of it)
  2. the matter is the subject of consideration at the meeting; and

  3. the matter was the subject of, or relates to, a decision made, or action taken by -

    1. another committee or sub-committee; or
    2. a joint committee or sub-committee of a joint committee of which he is also a member.
      Where a member regards himself as having a prejudicial interest in a matter he must -
      1. disclose the existence of the interest at the commencement of the discussion of the matter or, if later, as soon as it becomes apparent to him that he must regard himself as having a prejudicial interest in the matter;
      2. immediately after he has disclosed the existence of the interest, withdraw from the meeting at which the matter is being considered, unless he has obtained a dispensation from the Secretary of State; and
      3. not return to the meeting while the matter is under consideration.

23.4 Register of Member and Officer Interests

The Head of Democratic Services shall keep a record of all Member and Officer interests declared during the meetings of the Council, its committees or sub-committees. This record shall be kept open during office hours for the inspection of any Member of the Council.

24 Suspension and Amendment of Council Procedure Rules

24.1 Suspension

All of these Council Rules of Procedure except Rule 17.6 and 18.2 may be suspended by motion on notice or without notice if at least one half of the whole number of members of the Council are present. Suspension can only be for the duration of the meeting.

24.2 Amendment

Any motion to add to, vary or revoke these Council Rules of Procedure will, when proposed and seconded, stand adjourned without discussion to the next ordinary meeting of the Council.

25 Application to Committees and Sub-Committees

All of the Council Rules of Procedure apply to meetings of full Council. None of the rules apply to meetings of the executive.] Only Rules 5-9, 11-14, 16-18, 20-24 (but not Rule 21.1) apply to meetings of committees and sub-committees.

Contact details:

Telephone:
01722 434345

email:
dsumail@salisbury.gov.uk

Postal address:
Democratic Services
Salisbury District Council
PO Box 2117
Salisbury
SP2 2DF