4F - Non-Executive

General Provisions Rules 1-14

Preparation for Non-Executive Committee Meetings Rules 15-19

Procedures Rules 20-24

Rules of Debate Rules 25-48

Preparation for Non-Executive Committee Meetings

RULE 15 – AGENDA MEETING

Prior to the agenda being finalised, Officers will brief the Chair(person) and any Spokespersons on matters coming to the meeting for consideration.

The agenda meeting, though informal, will usually be chaired by the Chair(person) of the Committee.

RULE 16 – AGENDA DESPATCH AND CONTENT

Items to be discussed at any meeting of a Committee will be set down in the agenda. The agenda will be sent to every member of the Committee at least 5 clear working days before the meeting.

In the case of an emergency meeting of the Committee, a shorter period of notice may be given.

The Chief Executive shall be responsible for determining the agenda content of non-executive meetings.

The agenda and any relevant reports will be endorsed with the name of any local ward to which the business relates.

RULE 17 – NOTICE OF AGENDA MOTION

Except for motions that may be moved without notice (see Rule 32 below) written notice of every motion, signed by the member giving notice, must be delivered to the Chief Executive not later than 7 working days before the date of the meeting.

The motion will be signed by or on behalf of the Member(s) giving notice, with the name of the political group shown after the Member’s name (unless the motion is to stand in the name of the Member only).

Motions must be about matters for which the Committee has responsibility.

The meeting has the right to determine with advice from Officers whether it wishes to defer the motion to a future meeting for further Officer report/advice.

RULE 18 – URGENT AGENDA BUSINESS

The Chair(person) of  a Committee or Sub-Committee (as appropriate) has the authority to agree to take urgent items, not on the agenda, at meetings of the relevant body.

The general authority referred to above is qualified in that items of business should not be raised at meetings without prior notice being given on the appropriate agenda unless:-

(a) the item has arisen between the compilation of the agenda and the date of the meeting.

(b) the item requires an urgent decision in the public interest which cannot be dealt with by other means; and

(c) by convention, the appropriate Committee or Sub-Committee Spokespersons  have been consulted on the matter and their views conveyed to the Chair(person) before s/he makes a decision on the matter.  The Chair will be guided by their views.

In all cases the reason for the urgency shall be clearly stated and recorded.

RULE 19 – MEMBERS ATTENDING COMMITTEE MEETINGS

Any Member of the Council has the right to attend a meeting of a non-executive Committee. They may speak only at the discretion of the Chair(person) of the meeting, unless exercising a right under Rules 34 and 35 below.

Rules of Debate

RULE 25 - CONDUCT OF MEETING

The Chair(person) is responsible for conducting the meeting.  In this, s/he will be guided by the Chief Executive.

RULE 26 – POWERS AND DUTIES OF CHAIR(PERSON)

The powers and duties of the Chair(person) are as follows:

(a) to act as the focal point for debate;

(b) to preserve order and ensure the proper and efficient conduct of the meeting;

(c) to ensure that members of the public and Councillors are able to follow proceedings;

(d) to confine discussion to the issue under consideration;

(e) to ensure all Councillors have an equal opportunity to participate;

(f)  to decide whether proposals put to the meeting are in order;

(g) to decide procedural matters;

(h) to conduct voting and to declare the result;

(i) to sign the minutes of the previous meeting(s) as a correct record when authorised to do so by the meeting;

(j) to adjourn the meeting if circumstances justify such action;

(k) to declare the meeting closed when its business has been completed;

(l) to exercise powers conferred by law on the chair of a meeting.

RULE 27 – CHAIR(PERSON) TAKING PART IN DEBATE

The Chair(person) will not normally take part in debate at a Committee meeting. If in respect of a specific matter the Chair(person) is a local member, or in other special circumstances agreed by the meeting, s/he may speak in debate. The Chair(person) may exercise a judgement as to whether s/he vacates the Chair during the consideration of the item.

In the event of the Chair(person) vacating the Chair, the Vice Chair(person) – if there is one – shall preside.  If there is no Vice Chair(person), or s/he is not present, the meeting shall elect another member to chair the meeting during the consideration of this item.

RULE 28 - MEMBERS TO ADDRESS THE CHAIR(PERSON)

When speaking at a meeting, members shall address the Chair(person).

RULE 29 – NO OBLIGATION TO STAND

Members of a Committee need not stand when speaking, but may do so.

RULE 30 – MINUTES

The Chair(person) will invite the meeting to approve the minutes of the previous meeting as a true and correct record. There will be no discussion on the minutes other than on their accuracy.  When so approved, the minutes are signed by the Chair(person).

RULE 31 – MOTIONS MOVED WITHOUT NOTICE

The following matters may be proposed as a motion during a meeting, by a member of the Committee, without the need to give notice:

(a) Appointment of a Chair(person) for the meeting.(in the absence of the Chair or Vice Chairperson)

(b)  The accuracy of the minutes.

(c)  To change the order of agenda business.

(d)  To adopt a recommendation or some other course of action arising from a report to the meeting.

(e) Extending the time limit for speeches or for public and councillor questions.

(f) Amendments to matters raised.

(g) That the meeting proceeds to the next business

(h) That the question be put

(i)  That the debate be adjourned

(j)   That the meeting adjourn

(k)  That the meeting continue beyond the prescribed deadline to end at a specified time.

(l)  Suspending Procedural Rules

(m) To resolve under Section 100A of the Local Government Act 1972 to exclude the public.

(n) That the member named be not further heard or leave the meeting

RULE 32 – QUESTIONS FROM THE PUBLIC

Members of the public have the right to put forward questions for answer at a Committee or Sub Committee meeting.  This right extends to any resident of Bath & North East Somerset of any age and includes a homeless person, a traveller currently within the Council area or a member of the Council’s staff provided the subject matter relates to their role as a private citizen.  This right also exists for a representative of any Bath & North East Somerset organisation or of any South West regional or sub-regional organisation that has legitimate legal activity in the Bath & North East Somerset area or  whose work affects Bath & North East Somerset citizens.  All questions must be submitted in writing (this to include transmission by e mail).

Notice of the question must be given to the Council Solicitor no later than close of business 2 clear working days before the day of the meeting (eg 5pm on a Monday for a meeting on a Thursday).

All questions will be circulated to members of the Committee/Sub Committee, visiting councillors and the public in advance of the meeting.

Questions must only be asked of the Chair(person) of the Committee or a nominated Spokesperson of any Political Group represented in the membership of the Committee/Sub Committee, but not an individual member of the Committee/Sub Committee.

A Chair (person) or Spokesperson who is asked a question may

·        nominate another councillor to reply on his or her behalf;

·        indicate that a written answer will be provided, in which case that written answer shall be provided no later than 5 working days after the day of the meeting.

There is no requirement of the questioner to read out the question nor of the Spokesperson to read out the answer if circulated. Where a written answer is circulated in advance, the Spokesperson may add to that answer orally at the meeting.

A question in multiple parts will be treated as a series of individual questions.

A question will not be accepted under this Rule if

·        the answer would require exempt or confidential information to be divulged;

·        the subject matter is about an application for a legal consent or permission where there is an alternative process to challenge the decision or to appeal against it or where the question/answer process might prejudice the proper consideration of such an application or consent;

·        it is about a matter which has already been lodged with the Council or with another statutory body as a formal complaint;

·        it contains an allegation against, or comments about, the conduct of individual councillors or officers.

(Note: There are special arrangements in place for public speaking at meetings of Regulatory Committees where it is important that the rules of natural justice in relation to individual cases is preserved.  Details of how the public speaking arrangements differ for these meetings can be found on the Council’s web site or by contacting the Democratic Services team.)

RULE 33 – QUESTIONS FROM COUNCILLORS

A Councillor shall have the right to put forward a question for answer at a Committee/Sub Committee meeting. 

All questions must be submitted in writing (this to include transmission by e mail).

Notice of the question must be given to the Council Solicitor no later than close of business 2 clear working days before the day of the meeting (eg 5pm on a Monday for a meeting on a Thursday).

All questions will be circulated to members of the Committee/Sub Committee, visiting councillors and the public in advance of the meeting.

Questions must only be asked of the Chair (person) of the Committee or a nominated Spokesperson of any Political Group represented in the membership of the Committee/Sub Committee but not an individual member of the Committee/Sub Committee:

A Spokesperson who is asked a question or a follow-up question may

·        nominate another councillor to reply on his or her behalf;

·        indicate that a written answer will be provided, in which case that written answer shall be provided no later than 5 clear working days after the day of the meeting.

There is no requirement of the questioner to read out the question nor of the Spokesperson to read out the answer if circulated. Where a written answer is circulated in advance, the Spokesperson may add to that answer orally at the meeting.

A question in multiple parts will be treated as a series of individual questions.

A question will not be accepted under this Rule if

·        the answer would require exempt or confidential information to be divulged;

·        the subject matter is about an application for a legal consent or permission where there is an alternative process to challenge the decision or to appeal against it or where the question/answer process might prejudice the proper consideration of such an application or consent;

·        it is about a matter which has already been lodged with the Council or with another statutory body as a formal complaint;

·        it contains an allegation against, or comments about, the conduct of individual councillors or officers.

(Note: There are special arrangements in place for councillors wishing to speak at meetings of Regulatory and other non-Executive Committees where it is important that the rules of natural justice in relation to individual cases is preserved.  Details of how the councillor speaking arrangements differ for these meetings can be found on the Council’s web site or by contacting the Democratic Services team.)

RULE 34 – PETITIONS, STATEMENTS AND DEPUTATIONS FROM THE PUBLIC OR COUNCILLORS

Members of the public and Councillors have the right to put forward petitions, statements and deputations at a Committee/Sub Committee meeting.  This right extends to any resident of Bath & North East Somerset of any age and includes a homeless person, a traveller currently within the Council area or a member of the Council’s staff provided the subject matter relates to their role as a private citizen. This right also exists for a representative of any Bath & North East Somerset organisation or of any South West regional or sub-regional organisation that has legitimate, legal activity in the Bath & North East Somerset area or whose work affects Bath & North East Somerset citizens

There is no minimum number of signatures required for a petition.

Advance notice of the petition, statement or deputation, setting out the subject matter,  must be lodged with the Council Solicitor no later than 2 working days before the day of the meeting at which the submission is to be made (e.g. Monday 5pm for a meeting on a Wednesday).

A submission under this Rule will not be accepted if

·        it seeks to address exempt or confidential matters;

·        the subject matter is about an application for a legal consent or permission where there is an alternative process to challenge the decision or to appeal against it or where this Procedural Rule might prejudice the proper consideration of such application or consent;

·        it is about a matter which has already been lodged with the Council or with another statutory body as a formal complaint;

·        it contains an allegation against, or comments about, the conduct of individual councillors or officers.

There is no overall time limit set down for these submissions. Individual submissions will be limited to a maximum 3 minutes.

If the submission relates to a general matter not on the agenda for the meeting, it will be taken at the start of the meeting. If it relates to an item on the agenda for the meeting, the person making the submission will be invited to address the meeting either at the start of the meeting or immediately before the item is debated, whichever they prefer.

Once the submission has been made, the Chair (person) will invite the Spokespersons to ask factual questions of the person making the submission.  The meeting will then determine what action it wishes to take on the matters contained in the submission.

(Note: There are special arrangements in place for public speaking at meetings of Regulatory Committees where it is important that the rules of natural justice in relation to individual cases is preserved.  Details of how the public speaking arrangements differ for these meetings can be found on the Council’s web site or by contacting the Democratic Services team.)

THE PROCESS BY WHICH A DECISION IS REACHED AT A MEETING INVOLVES THE PRESENTATION OF A PROPOSAL (CALLED A “MOTION”) AND AMENDMENTS, TO ARRIVE AT A FORM OF WORDS THAT IS ACCEPTABLE TO A MAJORITY OF VOTING MEMBERS AS A DECISION.

IN OPERATING THE MOTION AND AMENDMENTS PROCEDURES, THE FOLLOWING DEFINITIONS MAY ASSIST:

RULE 35 – MOTIONS

A motion is a proposal from a member at the meeting aimed at opening a debate on an agenda item.   A motion once proposed needs a second member to indicate a willingness for it to be considered. This is called seconding the motion.

A motion usually takes the form of a proposal to adopt a course of action based on a recommendation in a report. It can be a different proposal to that which is recommended in a report.

A recommendation in a report is not of itself a motion unless or until a member proposes its adoption.

A Member who moves a proposal may, with the agreement of the seconder, and on one occasion only in a debate on an item, accept a suggestion for a minor adjustment to the wording of the proposal.

RULE 36 – AMENDMENT

An amendment is a proposal by a member to change the words of a motion which has been moved and seconded. The amendment shall be relevant to the subject matter of the motion and shall be: -

(a)       to leave out words, or

(b)       to leave out words and insert or add other words, or

(c)        to insert or add words, or

(d)       to refer the matter to  a Committee/Sub Committee, the Council Executive or an Overview and Scrutiny body for consideration or reconsideration

(e)       to defer consideration of the matter.

An amendment must not

·        be a direct negative of a motion; or

·        seek to introduce into the motion a new issue unrelated to the subject dealt with in the motion.

If an amendment seeks to achieve something that is relevant but cannot be achieved by merely voting against the motion, it is likely to be ruled as a valid amendment. The meeting will be advised by the Chief Executive on the validity of amendments.

Only one amendment may be moved and discussed at a time.  No further amendment shall be moved until the amendment under discussion has been disposed of.

Notice of intention to move any further amendment and the nature thereof may, at the discretion of any member, be given to the Chair(person) before a vote is taken on the current amendment being considered at the meeting.

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

RULE 37 – SECONDING

Any motion or amendment may only be discussed once a second Member has indicated a willingness for it to be considered. This is called “seconding”.

A member when seconding a proposal or amendment may reserve her or his speech until a later period of the debate.

RULE 38 – RIGHT OF REPLY

At the end of a debate about a motion, the member who first proposed it at the meeting may exercise a right to reply to the points raised in the debate.

The right to reply to a debate on an amendment rests also with the member who moved the motion, not with the member who moved the amendment.

A member exercising a right of reply shall confine her/his speech to answering points raised by the previous speakers, and shall not introduce new material.  The Chair(person)’s ruling in this regard shall be final.

After every right of reply to which this Rule refers, a vote shall be taken without further discussion.

RULE 39 – ALTERATION TO MOTION

A Member who moves a proposal may, with the agreement of the seconder, and on one occasion only in a debate on an item, accept a suggestion for a minor adjustment to the wording of the proposal.

RULE 40 – WITHDRAWAL OF A MOTION

A motion or amendment may be withdrawn by the mover with the consent of her/his seconder and of the meeting, which shall be signified without discussion. No member may speak upon it after the mover has asked permission for its withdrawal, unless such permission shall have been refused.

RULE 41 – RIGHT TO REQUIRE PROPOSAL IN WRITING

Unless notice of the motion or amendment has already been given and published, the Chair(person) may require it to be written down and handed to him/her before it is discussed at the meeting.

RULE 42 – NO SPEECHES UNTIL MOTION SECONDED

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

RULE 43 – CONTENT AND LENGTH OF SPEECHES

A member shall direct her or his speech to the question under discussion or to a personal explanation or to a point of order.  A member proposing a motion will be allowed no more than 5 minutes for her or his speech. No other speech by any councillor or invited other person will exceed 3 minutes.

RULE 44 – CLOSURE MOTIONS

A member who has not spoken in a debate may move without comment at the conclusion of a speech of another member

“That the meeting proceed to the next business”,

 “That the question be now put”,

 “That the debate be now adjourned”, or

“That the meeting do now adjourn”,

on the seconding of which the Chair(person) shall proceed as follows:-   

(a)  On a motion “to proceed to next business”: unless in her/his opinion the matter before the meeting has been insufficiently discussed, the Chair(person) shall first give the mover of the original motion a right of reply, and then put to the vote the motion “to proceed to the next business”.

b)  On a motion “that the question be now put”: unless in her/his opinion the matter before the meeting has been insufficiently discussed, the Chair(person) shall first put to the vote the motion “that the question be now put”. If that motion is passed, the Chair(person) will invite the mover of the original motion to exercise her/his right of reply under Rule 36 before putting that original motion to the vote.

(c) On a motion “to adjourn the debate or the meeting”: if in her/his opinion the matter before the meeting has not been sufficiently discussed and cannot reasonably be sufficiently discussed on that occasion, the Chair(person) shall put the adjournment motion to the vote without giving the mover of the original motion a right of reply.

RULE 45 – POINT OF ORDER/POINT OF PERSONAL EXPLANATION

A member may indicate a “point of order” or a “point of personal explanation” and shall be entitled to be heard immediately.

(a)       A "Point of Order" shall relate only to an alleged breach of a Procedural Rule or statutory provision. The member shall specify the Procedural Rule or statutory provision and the way in which s/he considers it has been broken. 

(b)       A "Personal Explanation" shall be confined to some material part of the member's former speech which may appear to have been misunderstood in the present debate.

The ruling of the Chair(person) on a point of order, or on the admissibility of a personal explanation, shall be final.

RULE 46 -  VOTING

Subject to the provisions of any enactment all questions coming or arising before the meeting shall be decided by a majority of the Members of the Committee (or other persons entitled to vote) present and voting.

The Chair(person) shall ensure that that the proposal to be voted on is clear. Voting will proceed by a show of hands – first those voting “for” the proposal and then those voting “against” the proposal. This will be followed by a show of hands from those who are abstaining from voting.

Sometimes, the law requires special voting procedures and sets down the required numbers of votes or a proportion of voting members in favour. The Chief Executive will inform the Committee when these requirements apply.

If the votes “for” and “against” a proposal are equal, the proposal is NOT CARRIED and it therefore falls.  The record of the meeting will reflect the “NOT CARRIED” status of the proposal.

While by convention in this Authority, the Chair(person) does not exercise a second or casting vote to resolve issues where there is an equality of votes, the decision on whether or not to exercise a second or casting vote is that of the Chair(person) alone. S/he retains the legal right to proceed as s/he sees fit.

If before a vote is taken, a member proposes it, and 6 other members agree, a named vote will be taken of those in favour of or against a proposal, and those abstaining from voting. This information will be recorded in the minutes of the meeting.

Any member is entitled on request made through the Chair(person) at the meeting to have her/his individual vote or abstention recorded in the minutes.

A Political Group Leader, Political Group Spokesperson or nominee may require a group vote or abstention to be recorded in the minutes. 

RULE 47 – EXCLUSION OF PRESS AND PUBLIC

If a Committee or Sub-Committee passes a resolution pursuant to Section 100A of the Local Government Act 1972 to exclude the press and public from the whole or part of their proceedings, then the effect of such resolution shall extend to Members of the Council present at the meeting who are not Members of the Committee or Sub-Committee concerned: provided that, except when the Committee or sub-Committee are acting in a judicial or quasi-judicial capacity, such Members of the Council shall be permitted to remain if invited to do so by resolution of the Committee or sub-Committee.

A Personal Assistant and/or nominated notetaker for a disabled councillor or other person entitled to remain at a meeting after passing a resolution under this Rule, shall also be entitled to remain, provided they have signed an undertaking in advance not to divulge the nature of any exempt or confidential business discussed or submitted.

RULE 48 – DISORDERLY CONDUCT

If at a meeting any member of the Committee, in the opinion of the Chair(person), misconducts her/himself by persistently disregarding the ruling of the chair, or by behaving irregularly, improperly or offensively, or by wilfully obstructing the business of the meeting, the Chair(person) or any other member may move "that the member named be not further heard", and the motion if seconded shall be put and determined without discussion.

If the member named continues the misconduct after a motion under the foregoing paragraph has been carried the Chair(person) shall -

EITHER move "that the member named do leave the meeting" (in which case the motion shall be put and determined without seconding or discussion):

OR adjourn the meeting for such period as s/he shall consider expedient.

In the event of general disturbance, which in the opinion of the Chair(person) renders the due and orderly despatch of business impossible, the Chair(person) in addition to any other power vested in her/him may, without question put, adjourn the meeting of the Committee for such period as s/he in her/his discretion shall consider expedient.

Disturbance by Members of the Public

The provisions of Section 100A (exclusion of the public and press) are without prejudice to any power of exclusion to suppress or prevent disorderly conduct or other misbehaviour at a meeting.

If a member of the public interrupts the proceedings at any meeting the Chair(person) shall issue a warning.  If the person continues the interruption, the Chair(person) shall order the person’s removal from the meeting room.  In case of general disturbance in any part of the chamber open to the public the Chair(person) may order that part of the meeting room to be cleared.