Section B: Full Council Procedural Standing Orders
- Annual Meeting
- Ordinary Meetings
- Extraordinary Meetings
- Budget Meetings
- Special Meetings
- Place and Time of Meetings
- Changes to Calendar of Meetings
- Allocation of Seats in the Council Chamber
- Attendance at Meetings
- Quorum
- Chair of Meeting
- Chair's Interpretation and Application of Standing Orders
- Chair Standing - Call to Order
- Interruption by a County Councillor
- Interruption by a Member of the Public
- General Disturbance
- Councillors Standing to Speak – Two Councillors Not to Remain Standing
- Point of Personal Explanation
- Point of Order
- Agenda and Advice
- Order of Business
- Committee Reports to Full Council
- Minutes
- Declarations of Interest
- Suspension of Standing Orders
- Exclusion of Press and Public
- Procedure for Dealing with Matters of Urgent Business Which Cannot Await a Meeting of the Full Council
- Procedure for Dealing with Matters of Urgent Business at Meetings
- Public Question Time
- Councillor Question Time
- Councillor Questions on Cabinet and Committee Reports
Motions and Amendments (In this section, all references to motions refer equally to amendments unless otherwise specified)
- Scope of Motions
- Motions Which May be Moved Without Notice
- Motions Which Cannot be Moved
- Withdrawal of a Motion Which is Before the Council
- Motions Not Dealt With
- Submission of Notice of Motion in Writing and Ruling of the Chief Executive
- Speaking on Motions
- Length of Speeches and Debates
- Amendments
- Amendment Carried to Become Substantive Motion
- Subsequent Amendments
- Friendly Amendments
- Right of Reply
- Closure of Debate
- Voting
1. Annual Meeting
In a year when there is an ordinary election of councillors, the Annual Meeting of the Council shall take place within 21 days from the retirement of the outgoing Members. In any other year, the Annual Meeting shall take place on such day in March, April or May as the Council may fix.
2. Ordinary Meetings
Subject to Standing Order 6, Ordinary Meetings will take place in accordance with a programme decided by the Full Council.
3. Extraordinary Meetings
3.1
Those listed below may require the Chief Executive to call an Extraordinary Council Meeting:
a) The Council by resolution;
b) The Chair of the Council; or
c) Any five councillors if they have signed a request to the Chair and the Chair has refused to call a meeting or has failed to call a meeting within seven days of the presentation of the request.
3.2
Only business specified in the agenda may be transacted at an Extraordinary Council Meeting.
4. Budget Meetings
4.1
At the Council meeting where the Council’s Budget and Council Tax is approved and set (which must be held before 11 March each year (Section 30(6) Local Government Finance Act 1992)), the agenda will be limited to consideration of the Leader of the Administration’s recommendations for the Budget, Capital Programme, Borrowing Policy and Council Tax; and any other urgent business agreed by the Chair.
4.2
In order to be approved, all alternative Budget proposals that any political group or member wishes to be considered must be provided in final form, following prior consultation and written approval of the Chief Financial Officer, at least five clear working days in advance of the Budget meeting. Any submissions not received within this time will not be allowed.
4.3
Any submissions not prepared in a form acceptable to the Chief Financial Officer as being capable of being adopted by the Council as a lawful Budget will not be allowed.
4.4
Alternative Budgets and amendments to the Budget which are to be debated at a Budget Meeting shall be submitted in the form of an alternative Budget or a list of proposed amendments to the Budget submitted by the Administration. In either case, each alternative Budget or list of proposed amendments shall be proposed, seconded and debated as if they were a single amendment.
4.5
The text of all alternative Budgets or proposed amendments must be submitted to the Monitoring Officer at least five clear working days before the meeting. The Monitoring Officer shall comply with the wishes of the Leader of the relevant political group in determining when to make the documents available to other councillors, the press and public, subject to this being no later than the start of the meeting at which the Budget is to be discussed.
4.6
Alternative Budgets or proposed amendments to the Budget will be considered in the order set out above. Only one alternative Budget or list of proposed amendments may be moved and discussed at any one time, unless the Chair decides otherwise.
4.7
No further amendments may be moved until the alternative Budget or amendments to the Budget under discussion have been dealt with.
4.8
If an alternative Budget or list of proposed amendments are carried, the motion as amended takes the place of the original motion. This becomes the substantive motion to which any further amendments which have already been notified are moved.
4.9
At a Budget Meeting, the following rules shall apply to debate on the annual Budget:
a) The exact length of speeches for each proposer and management of the debate is at the discretion of the Chair and will be announced before the start of the meeting.
b) The Chair will call the Leader, or their nominee, to propose and move the Budget. The seconder will have up to five minutes to second the Budget.
c) Once the Budget has been seconded, the Chair will call the other political group Leaders, or their nominees, to speak. Each will be called in order of precedence according to the number of councillors in each group. Where two groups have the same number of members, the Chair shall exercise their discretion.
d) The Leader of the largest political group not forming part of the Administration, or their nominee, may make a statement or propose an alternative Budget or amendments. If an alternative Budget or amendments have been proposed, the seconder will have up to five minutes to speak.
e) The Leaders of each of the other political groups not forming part of the Administration, or their nominees, may make a statement or propose an alternative Budget or amendments. If an alternative Budget or amendments have been proposed, the seconder will have up to three minutes to speak.
f) If a political group not forming part of the Administration proposes an alternative Budget or amendments, then after each has been seconded they shall be debated. The normal rules of debate shall apply. The proposer of the alternative Budget or amendments has a right of reply. The proposer of the Administration’s Budget also has a right of reply prior to the vote. Each alternative Budget or list of amendments will be debated and voted on in the order they were proposed. Each vote must be a recorded vote.
g) After each alternative Budget or amendments have been voted on, the debate will return to the substantive motion - the Administration’s Budget - which may or may not have been amended. All members of the Council are allowed to contribute to the debate, except the mover or seconder of original motion (unless the seconder has reserved their right to speak).
h) No further amendments are allowed at this stage by any of the members of the Council.
i) After the debate on the substantive motion, the mover of the Administration’s Budget has a right of reply (for which they have up to five minutes to speak). A recorded vote must then be taken on the substantive Budget (which may have been amended) and the debate is concluded.
j) A member may not vote on the Council’s Budget if they have an outstanding Council Tax debt of over two months. If a member with such a debt is present at any meeting at which relevant budgetary matters are discussed, they must disclose the fact and may not vote. Failure to comply is a criminal offence (Section 106 of the Local Government Finance Act 1992).
5. Special Meetings
A Special Meeting of the Council is one that is required by statute, for example for the appointment of Honorary Aldermen or Alderwomen, and shall only consider a single substantive item of business. The meeting shall be convened for the specific statutory purpose contained in the agenda. No other business may be transacted at that meeting.
6. Place and Time of Meetings
6.1
Meetings shall be held in County Hall, Preston, on a Thursday at 1.00 pm or at such other time as the Full Council may decide.
6.2
The Chair may, in consultation with the political groups represented on the Council, alter the time, date or place of a meeting.
7. Changes to Calendar of Meetings
A timetable of meetings will be approved annually by Full Council. Any alterations to the date, time and venue for a meeting and any additional meetings shall be approved by the Chair in accordance with Standing Order 6.2. There will be a presumption against alterations once the annual timetable has been approved.
8. Allocation of Seats in the Council Chamber
8.1
Each seat in the Council Chamber shall be numbered and allocated to councillors in accordance with:
a) An overall allocation to each political group represented on the Council (and to any individual councillors who are not members of a group) agreed by the Monitoring Officer; and
b) The wishes of the political groups within those allocations.
8.2
Political groups must inform the Chair of the allocation of seats, and any changes to those allocations, at least 48 hours before a meeting of the Full Council. Any changes made less than 48 hours before a meeting may only be requested in exceptional circumstances and must be agreed by the Chair.
9. Attendance at Meetings
All members present during the whole or part of a meeting shall have their attendance recorded. Members attending remotely will have their virtual attendance recorded and, if requested by the Chair, be permitted to speak at the meeting but they will not be allowed to vote.
10. Quorum
The quorum of a meeting shall be a quarter (rounded up) of the Full Council’s membership at the time of the meeting (21). If at any time there is not a quorum, the meeting shall be adjourned for 15 minutes. If after that time there is still not a quorum, the meeting and any remaining business shall stand adjourned to a time fixed by the Chair or, if they do not fix a time, to the next Ordinary Meeting.
11. Chair of Meeting
11.1
At every meeting the Chair, if present, shall preside. If the Chair is absent, the Vice-Chair, if present, shall preside. If both the Chair and the Vice-Chair are absent, the meeting shall elect a Chair from one of its voting members for the duration of the meeting.
11.2
If it is necessary to choose a member to preside in the absence of the Chair and Vice Chair, the Monitoring Officer (or their nominee) shall preside and call for a motion that a member take the chair.
12. Chair's Interpretation and Application of Standing Orders
12.1
The ruling of the Chair at any meeting, as to the interpretation and application of any of these Standing Orders, or as to the proceedings of Full Council, shall be final.
12.2
The Chair may be invited to explain or reconsider a ruling in consultation with the Monitoring Officer by any voting member. Once this has been provided, the Chair's ruling cannot be challenged further, other than by an order of the court.
13. Chair Standing - Call to Order
If the Chair so directs or stands, a councillor speaking must immediately resume their seat and be silent.
14. Interruption by a County Councillor
14.1
If a councillor persistently disregards the ruling of the Chair by behaving improperly or offensively or deliberately obstructs business, the Chair may move that the councillor be not heard further. If seconded, the motion will be voted on without discussion.
14.2
If the councillor continues to behave improperly after such a motion is carried, the Chair may move that either the councillor leaves the meeting or that the meeting is adjourned for a specified period. If seconded, the motion will be voted on without discussion.
15. Interruption by a Member of the Public
If a member of the public interrupts the meeting the Chair will warn the person concerned. If they continue to interrupt, the Chair will order their removal from the meeting room.
16. General Disturbance
If there is a general disturbance making orderly business impossible, the Chair may adjourn the meeting for as long as they think necessary.
17. Councillors Standing to Speak – Two Councillors Not to Remain Standing
When speaking, a councillor must stand and address the meeting through the Chair. If more than one councillor stands, the Chair will ask one to speak and the others must sit. Other councillors must remain seated whilst a councillor is speaking unless they wish to make a point of order or a point of personal explanation. With the permission of the Chair, this Standing Order shall not apply to any councillor who is unable to stand or sit for whatever reason.
18. Point of Personal Explanation
A councillor may make a personal explanation at any time with the permission of the Chair. An explanation shall only relate to some material part of their earlier speech which may have been misunderstood. The ruling of the Chair on the admissibility of a personal explanation shall be final and not open to discussion.
19. Point of Order
A councillor may raise a point of order at any time in relation to an alleged breach of a Standing Order or law and shall be entitled to be heard immediately. The councillor must specify the Standing Order or law and the way in which they consider it has been broken. The ruling of the Chair on a point of order shall be final and not open to discussion.
20. Agenda and Advice
20.1
The Chief Executive shall issue an agenda not less than five clear working days before a meeting.
20.2
Decisions shall be taken only after Full Council has considered any advice given by the Chief Executive, the Chief Financial Officer, the Monitoring Officer and any other appropriate Executive Director or their nominees.
21. Order of Business
21.1
Subject to Standing Order 21.2, the agenda for Ordinary Meetings shall be divided into Part A (Matters for Decision), Part B (Matters for Information) and Part C (Notices of Motion) and the order of business shall be:
a) Appoint a person to preside if the Chair and Vice-Chair are absent;
b) Receive apologies for absence;
c) Confirm the minutes of the last meeting(s) of the Full Council;
d) Receive any declarations of interest from members;
e) Receive any announcements from the Chair or the Chief Executive;
f) Public Question Time;
g) Councillor Question Time;
h) Deal with reports of the Cabinet, committees and Officers;
i) Consider Notices of Motion; and
j) Other business, if any, specified in the agenda.
21.2
The order of business may be varied by the Chair at their discretion or by resolution which shall be moved and voted upon without debate.
22. Committee Reports to Full Council
22.1
The following committees shall submit a report on decisions taken to the next Ordinary Meeting of Full Council. Each report shall be presented by the Chair of the relevant committee:
a) Audit, Risk and Governance Committee
b) Conduct Committee
c) Employment Committee
d) Lancashire Health and Wellbeing Board
e) Pension Fund Committee
f) Overview and Scrutiny Committees
g) Urgency Committee
23. Minutes
23.1
The minutes of each meeting shall be presented to the next Ordinary Meeting of the Full Council. Where the next meeting is an Extraordinary Meeting, the minutes of the previous meeting shall not be presented but shall instead be presented to the next Ordinary Meeting.
23.2
The Chair shall put the question that the minutes of the previous meeting be approved as a correct record. Only matters relating to the accuracy of the minutes can be raised, which must be done by way of a motion which is proposed, seconded and voted upon. Where no issues are raised, or after the motion has been dealt with, the Chair shall initial each page and sign the minutes (Sch.12 para.41(2) Local Government Act 1972).
23.3
A record of each decision taken by the Full Council shall be available for public inspection at County Hall and on the Council’s website as soon as reasonably practicable.
24. Declarations of Interest
24.1
Any member with a disclosable pecuniary interest in a matter being discussed should declare the nature of the interest and withdraw from the meeting during the item.
24.2
Any member with a non-disclosable pecuniary interest or non-pecuniary interest in a matter being discussed should declare the nature of the interest and, if a member of a public acting reasonably would consider the interest such as to affect the member’s ability to make the decision in the public interest, they should withdraw from the meeting during the item.
25. Suspension of Standing Orders
25.1
The Full Council's Procedural Standing Orders, except those listed at (a) to (d) below, may be suspended by motion with or without notice where its suspension is moved and seconded, if at least one half of the whole number of members of the Full Council are present and vote, except where this would be in contravention of statute. Suspension can only be for the duration of the meeting.
a) Standing Order 46.2 (matters decided by a simple majority of councillors voting and present);
b) Standing Order 46.5 (request by a councillor that their vote be recorded);
c) Standing Order 46.7 (Chair to have a casting vote);
d) Standing Order 23.1 (minutes to be signed at the next Ordinary Meeting if the next actual meeting is an Extraordinary Meeting);
26. Exclusion of Press and Public
26.1
The Full Council may exclude the press and other members of the public from a meeting during an item of business wherever it is likely, in view of the nature of the business to be transacted or the nature of the proceedings, that if members of the public were present during that item there would be disclosure to them of exempt or confidential information.
26.2
If any question arises at a meeting of the Full Council as to the appointment, promotion, dismissal, salary, superannuation, or conditions of service, or as to the conduct of, any person employed by the County Council, such question shall not be the subject of discussion until the Full Council has decided whether to exclude the press and public.
26.3
The business which is the subject of a resolution under Standing Orders 26.1 or 26.2 shall stand adjourned until all other business of the meeting has been transacted whereupon the press and other members of the public shall leave the meeting and the adjourned business shall then be considered.
27. Procedure for Dealing with Matters of Urgent Business Which Cannot Await a Meeting of the Full Council
27.1
The Chief Executive, the Monitoring Officer and each Executive Director may deal with matters of urgency which cannot await a meeting of the Full Council or the Urgency Committee of the Full Council, following consultation with the Chair and Vice Chair of the Urgency Committee. The other political group spokespersons on the Urgency Committee should be informed of matters of urgency as soon as practicable after the decision has been made. In the event that a political group is not represented on the Urgency Committee, the Leader of that group shall, subject to the Council's Access to Information Rules, be informed of the decision taken.
27.2
The provisions at Standing Order 27.1 shall be suspended in the period beginning with the fourth day after the County Council elections and ending on the date of the first Annual Meeting of the new Council. During that period, the Chief Executive may deal with matters of urgency which cannot await a meeting of Full Council where delay would significantly and materially prejudice the interests of the County Council or the inhabitants of the County.
27.3
The Chief Executive shall only exercise the powers at Standing Order 27.2 following consultation with the Leader (or in their absence, the Deputy Leader) of any political group with an overall majority, or if there is no majority political group, the Leader (or in their absence the Deputy Leader) of all political groups on the Council. In the event there is no Leader or Deputy Leader of any political group during that period, the Chief Executive shall consult with a representative or representatives of that group as they consider appropriate.
28. Procedure for Dealing with Matters of Urgent Business at Meetings
An item of business not included on an agenda shall only be considered where, by reason of special circumstances which shall be specified in the minutes, the Chair of the County Council is of the opinion that the item should be considered at the meeting as a matter of urgency.
29. Public Question Time
29.1
At Ordinary Meetings of the Council, questions may be asked by members of the public of the Leader and Cabinet Members. For the purposes of this rule, county councillors are not regarded as members of the public.
29.2
The total time set aside for such questions and answers will be limited to 20 minutes with no extension of time, and questions not dealt with in this time will be dealt with by written responses.
29.3
A person may submit only one question at any meeting and no more than one question may be asked on behalf of any organisation.
29.4
Questions must be limited to 150 words, submitted in writing to Democratic Services by 12 noon at least ten clear working days before the meeting, and include the name and address of the questioner and the name of the Cabinet Member to whom the questioner would like the question put. Questions so received will be referred to the Chief Executive for approval.
29.5
The Chief Executive may reject a question if it:
a) Is not about a matter for which the Council has a responsibility or which specifically affects the County;
b) Is defamatory, frivolous, vexatious or offensive;
c) Is substantially the same as a question which has been put at Public Question Time or Councillor Question Time at a meeting of the Council in the past six months;
d) Relates to a matter that is substantially the same as one on which a question has been put at a Public Question Time within the previous six months;
e) Requires the disclosure of confidential or exempt information;
f) Refers to legal proceedings taken or anticipated by or against the Council;
g) Relates to a day-to-day Council function or the provision of a Council service and has not been asked first of the relevant service area;
h) Is a statement rather than a question;
i) Names or identifies individual service users, members of staff or members/staff of partner agencies;
j) Makes or relates to allegations against, or compromise comments about, the conduct of individual Members or officers;
k) Relates to an individual or the questioner's own particular circumstances;
l) Would more appropriately be responded to by the Council under the Freedom of Information Act 2000 or the Data Protection Act 1998; or
m) Is from, or on behalf of, a political party, or bears the name, insignia or other device of a political party.
29.6
All approved questions will be included on the agenda for the next Ordinary Meeting of the Council, in the order that they were received (except the Chair may decide to group similar questions together). Those persons who submitted questions and who are present at the meeting will have their question taken as tabled unless they have requested in advance of the meeting to read it aloud. No introductory or explanatory remarks or supplementary questions are allowed.
29.7
If a member of the public who has submitted notice of a question is unable to be present at the meeting, the question will not be answered during the meeting. However, the Council will provide a written response to all questions listed on the agenda.
29.8
All responses must be limited to 3 minutes.
30. Councillor Question Time
30.1
At Ordinary Meetings of the Council, a councillor may ask a question about any matter relating to the Council's powers and duties; or which affects the Council's administrative area or its residents; or which affects an organisation on which the Council is represented by a councillor appointed or nominated by it.
30.2
A councillor may ask only one question at a meeting, although they may also ask one related supplementary question.
30.3
Subject to Standing Order 30.4 below, a question under this Standing Order must be submitted in writing to Democratic Services by 12 noon at least seven clear working days before the Council meeting. For example, if the meeting is on a Thursday, the question must be received in writing by 12 noon on the Monday of the preceding week.
30.4
The time limit set out in Standing Order 30.3 above may be waived to allow a councillor to ask a question on any matter as described therein, where the Chair and the Monitoring Officer are satisfied that the circumstances giving rise to the question have arisen after the date specified and that the matter is of genuine urgency, and provided that the question is received in writing by 12 noon on the day before the Council meeting.
30.5
Questions asked under Standing Order 30.4 above shall not be subject to the time limit at each Council meeting for questions from councillors, specified in Standing Order 30.12 below.
30.6
The Chief Executive may reject a question if it:
a) Is not about a matter for which the Council has a responsibility or which specifically affects the County;
b) Is defamatory, frivolous, vexatious or offensive;
c) Is substantially the same as a question which has been put at Public Question Time or Councillor Question Time at a meeting of the Council in the past six months;
d) Requires the disclosure of confidential or exempt information;
e) Refers to legal proceedings taken or anticipated by or against the Council;
f) Is a statement rather than a question, or includes factually incorrect information;
g) Names or identifies individual service users, members of staff or members/staff of partner agencies;
h) Makes or relates to allegations against, or comments about, the conduct of individual Members or officers;
30.7
Questions shall be asked in the order received and included on the agenda, but the order can be varied in exceptional circumstances by the Chair with the consent of the Council.
30.8
The councillor shall ask the question themself. If the councillor is not present at the meeting when the Chair invites them to ask the question, the question will not be asked and will receive a written reply. Any such written reply will be circulated to all councillors.
30.9
The councillor shall ask the question, as set out in the agenda, without making an introductory or explanatory speech.
30.10
Any such question may, at the invitation of the Chair, be answered by the following as appropriate:
a) The Leader or a Cabinet/Lead Member;
b) Another councillor nominated by the Leader or Cabinet/Lead Member.
30.11
There shall be a time limit of 5 minutes for each answer given orally to a question from a councillor.
30.12
Once the question has been answered, the councillor asking the original question may ask a supplementary question on the same topic without making an introductory or explanatory speech.
30.13
The time limit at each Council meeting for Councillor Question Time is 30 minutes but this can be extended for a short period at the Chair’s discretion.
30.14
If questions are not answered within the time limit, the councillor who submitted the question will receive a written response. Any such written reply will be circulated to all Councillors.
31. Councillor Questions on Cabinet and Committee Reports
In relation to a report which appears on an agenda, any councillor may ask the relevant Cabinet Member or committee Chair questions on that report. Where practicable, the councillor should give notice to the Chief Executive of their intention to refer to that matter.
32. Scope of Motions
32.1
Motions must be:
a) About matters for which the Council has a responsibility or which directly affect the Council’s area;
b) Concise, clear and to the point, and a maximum of 250 words; and
c) Positive, that is require the Council to adopt a course of action.
33. Motions Which May be Moved Without Notice
33.1
The following motions may be moved without notice:
a) Appointment of a Chair of the meeting at which the motion is made;
b) Relating to the accuracy of the minutes;
c) That an item of business specified in the agenda shall have precedence;
d) To adopt recommendations of the Cabinet, a committee or an Executive Director submitted to the Full Council for decision;
e) To refer back a recommendation of a committee, the Cabinet or an Executive Director;
f) That a motion be withdrawn or amended;
g) Any of the matters referred to in Standing Order 25 (suspension of Standing Orders), Standing Orders 46.5 and 46.6 (voting) or Standing Order 45.1 (closure of debate);
h) To exclude the public and press in accordance with the Access to Information Rules; and
i) That a councillor be suspended from the meeting Standing Order 14 (interruption by a county councillor).
33.2
If any councillor wishes to move a Motion under this paragraph they must first specify the Motion, and in the case of a Motion under Standing Order 32.1(f), shall immediately after speaking hand the Motion in writing to the Chief Executive.
34. Motions Which Cannot be Moved
34.1
A motion shall not be accepted by the Chief Executive if, in their opinion, it:
a) Seeks to rescind any resolution or decision which has been passed at a meeting of the Full Council held within the preceding 12 months.
b) Has been voted upon but not carried within six months of the date of the meeting of the Full Council at which it, or one to the same effect, was voted upon.
c) Requires the Council to act in breach of its own Constitution or legislation.
d) Requires the Council to act in a way that is beyond its powers and responsibilities.
e) Is vague, ambiguous, irrelevant, defamatory, frivolous, offensive, vexatious, unlawful or otherwise improper; or which includes factually incorrect statements.
f) Merely expresses an opinion and does not require the Council to adopt a course of action.
g) Has been withdrawn at the request of the mover or has failed for not being moved within the last six months.
h) Refers to legal proceedings taken or anticipated by or against the Council.
i) Requires the disclosure of confidential or exempt information.
j) Names or identifies specific service users, members of staff or members of staff of partner organisations without the mover demonstrating they have provided consent.
k) Relates to the member’s own personal circumstances.
l) Expresses support or objection to proposals where the Council is in the process of consulting with the public or responding to a formal consultation process.
35. Withdrawal of a Motion Which is Before the Council
35.1
A notice of motion will be regarded as withdrawn if:
a) Prior to the Council meeting, an indication to this effect is given in writing to the Chief Executive by the member who submitted the notice, or
b) At the Council meeting, oral notice to this effect is given by the member who submitted the notice immediately when called by the Chair to speak and before the motion is moved, or
c) The notice of motion is not moved and seconded at the meeting of Council.
35.2
Once moved, a motion may only be withdrawn with the consent of the meeting. If the mover requests their motion be withdrawn, the request shall be voted on immediately, with no debate.
36. Motions Not Dealt With
Any motion which has not been disposed of at any Full Council meeting shall fall.
37. Submission of Notice of Motion in Writing and Ruling of the Chief Executive
37.1
Notice of every motion, other than a motion referred in Standing Order 33, shall be given in writing, signed by the councillor giving the notice, and delivered to the Chief Executive no later than 12 noon at least seven clear working days before the meeting of the Full Council. For example, if the meeting is on a Thursday, the question must be received in writing by 12 noon on the Monday of the preceding week.
37.2
The Chief Executive will consider the notice of motion submitted in accordance with Standing Order 37.1 and, subject to Standing Order 37.3, include the motion in the agenda in the order in which they have been received. The Chair may alter the order in which they are discussed at the meeting.
37.3
Any notice of motion which is received after the specified time at Standing Order 37.1 may only be considered if the Chair agrees by reason of special circumstances which shall be specified in the minutes.
37.4
A councillor may only submit one notice of motion per meeting.
37.5
A maximum of four notices of motion may be permitted per meeting. Additional motions submitted above this number will not be accepted and will not automatically be dealt with at the next meeting.
38. Speaking on Motions
38.1
Councillors may only speak on a matter which appears in the agenda or in respect of a matter at meetings of the Full Council on which a notice of motion has been properly registered.
38.2
Every motion must be moved and seconded before any debate can take place.
38.3
No councillor may speak more than once on each motion, except:
a) To move an amendment;
b) To speak once on an amendment moved by another member;
c) If their first speech was on an amendment moved by another member, to speak on the main issue, whether or not the amendment on which they spoke was carried;
d) In exercise of a right of reply;
e) On a point of order referring to the specific Procedural Standing Order;
f) When invited by the Chair to do so, by way of personal explanation of any material statement made by them which they believe to have been misunderstood; or
g) To move one of the motions specified in Standing Orders 25 and 44 when the procedure in those paragraphs shall be followed.
38.4
When a councillor speaks, they must confine their remarks strictly to the motion then under discussion.
38.5
A councillor may, during their speech, move an amendment to a motion. Moving an amendment is not considered to constitute a speech on the original motion.
38.6
No councillor may speak on a motion after the mover has indicated that they wish to withdraw the motion in accordance with Standing Order 35.
39. Length of Speeches and Debates
39.1 There is no time limit on the speech of:
a) The mover of a report;
b) The budget speech of the Cabinet Member with responsibility for Finance; and
c) The Opposition Group spokespersons when presenting their budget proposals.
39.2
The following speeches are limited to a maximum of five minutes:
a) All other speeches on reports on the agenda; and
b) The speech of a mover of a notice of motion.
39.3
The following speeches are limited to a maximum of three minutes:
a) All other speeches on notices of motion, including the moving of amendments.
39.4
Where the length of a speech is subject to a time limit, the councillor speaking shall receive notification of one minute remaining before they have to finish speaking.
39.5
The following will apply to the debate on motions of which notice has been given under Standing Order 37.1 or notices of motion accepted by the Chair under Standing Order 37.3 as an urgent item of business:
a) There will be a maximum time limit of 30 minutes per motion and any amendments thereto;
b) The maximum length of time for the consideration of all such motions at a meeting will be 120 minutes;
c) The Chair may extend the limits at Standing Order 39.5 (a) and (b) in a particular case.
39.6
All timings of speeches are at the discretion of the Chair and their decision is final.
40. Amendments
40.1
A councillor may move one amendment per motion.
40.2
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.
40.3
An amendment to a motion must:
a) Be relevant to the motion;
b) Add and/or delete a word or words;
c) Not introduce a new topic;
d) Not negate the motion;
e) Not be substantially the same as a motion or amendment which has already been submitted to the same meeting of the Council;
f) Be worded so that, if it is agreed by the Council, it can be passed as a valid resolution.
g) Be submitted to the Chief Executive in writing no later than immediately following the end of the speech of the mover of the amendment.
40.4
The Chair, following consultation with the Monitoring Officer, may reject an amendment on any of the grounds set out in Standing Order 34.
40.5
Any councillor may second a motion, reserving their speech for a later period of the debate.
41. Amendment Carried to Become Substantive Motion
41.1
If an amendment is carried, the motion, as amended, takes the place of the original motion and becomes the substantive motion.
41.2
After an amendment has been carried, the Chief Executive will read out the amended motion before the Chair accepts any further amendments.
42. Subsequent Amendments
42.1
If the first amendment is lost, then subsequent amendments may be moved to the original motion.
42.2
After all amendments have been considered and determined there shall be an opportunity for further debate on the original motion, as amended or otherwise as the case may be, prior to the taking of a vote.
43. Friendly Amendments
The mover of a motion may amend or accept an amendment without debate or vote. The amended motion automatically becomes the substantive motion, and the mover of the original motion retains the right to reply in accordance with Standing Order 44.1 and 44.2.
44. Right of Reply
44.1
The mover of a motion has a right of reply at the end of the debate on the motion immediately before it is put to the vote.
44.2
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.
44.3
The mover of the amendment has no right of reply to the debate on their amendment.
45. Closure of Debate
45.1
Motions designed to close a debate may be moved provided no-one else is speaking at the time. Closure motions cannot be moved by anyone who has moved, seconded or already spoken in the debate. No person may intervene in discussion on a motion by moving more than one closure motion.
45.2
Subject to Standing Order 45.1, a councillor may move without comment the following procedural motions at the end of a speech of another councillor:
a) “That the question be now put”;
b) “That the Full Council proceed to the next business”;
c) “That the debate be adjourned”; and
d) “That the Full Council adjourn”;
45.3
If a motion that the question be now put is seconded and the Chair considers the item has been sufficiently discussed, they will put the procedural motion to the vote. If it is passed they will give the mover of the original motion a right of reply before putting the motion to the vote.
45.4
If a motion to proceed to the next business is seconded and the Chair considers the item has been sufficiently discussed, they will give the mover of the original motion a right of reply and then put the procedural motion to the vote.
45.5
If a motion to adjourn the debate or to adjourn the meeting is seconded and the Chair thinks the item has not been sufficiently discussed and cannot reasonably be so discussed on that occasion, they will put the procedural motion to the vote without giving the mover of the original motion the right of reply.
46. Voting
46.1
Each councillor has one vote.
46.2
Subject to Standing Order 45.4, any matter will be decided by a simple majority of councillors (and co-opted members) entitled to vote and present in the room at the time the question was put.
46.3
Unless a recorded vote is demanded, voting will be by a show of hands, by electronic means or, if there is no dissent, by the affirmation of the meeting.
46.4
At a Full Council meeting, councillors must be in their designated seats for their vote to be counted.
46.5
Immediately after a vote is taken any councillor may request that it is recorded in the minutes of that meeting how they voted or abstained from voting.
46.6
Any six councillors may request a named vote and shall signify their wish for a named vote by rising in their places. The names for and against and those abstaining shall then be taken down in writing and recorded in the minutes.
46.7
In accordance with the Local Government (Standing Orders) (England) (Amendment) Regulations 2014 there must be a recorded vote on decisions taken at the Budget meeting of the Council, or at any meeting where making the calculation or issuing the precept is included as an item of business. The names for and against and those abstaining shall then be taken down in writing and recorded in the minutes.
46.8
Where there are equal votes cast for a motion or amendment, the Chair may, provided they have already exercised their first vote, exercise a second or casting vote. There will be no restriction on whether or how the Chair chooses to exercise a casting vote. If there are equal numbers of votes for and against and the Chair chooses not to exercise their casting vote, then the matter to be determined shall fall.
46.9
Offices and appointments: If on a vote no person receives more than half of the votes cast, the name of the person with the fewest number of votes will be withdrawn. Further votes will be held until one person receives a clear majority.