4H - Standards Committee

General Matters Rules 1-10

Preparation for Meetings Rules 11-16

Procedures Rules 17-21

Rules of Debate Rules 22-43

Preparation for Meetings

RULE 11 – AGENDA MEETING

Prior to the agenda being finalised, Officers may, if required, brief the Chair(person) on matters coming to the meeting for consideration.

RULE 12 – AGENDA DESPATCH

Items to be discussed at any meeting of the Standards 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.

RULE 13 – URGENT AGENDA BUSINESS

The Chair(person) of the Standards Committee has the authority to agree to take urgent items, not on the agenda, at a meeting.

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 or

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

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

RULE 14 – MEMBERS ATTENDING COMMITTEE MEETINGS

Any Member of the Council has the right to attend a meeting of the Standards Committee. They may speak only at the discretion of the Chair(person) of the meeting, unless exercising a right under Rules 28 and 29 below.

RULE 15  - RIGHT OF COMMITTEE TO REQUIRE ATTENDANCE

The Standards Committee shall have the right to require any Councillor or Officer, and the right to request any other person, to attend before it and to give information/provide documents relevant to the issues before the meeting subject, in the case of documents, to the Access to Information Rules within this Constitution.

RULE 16 – PROCEDURE FOR INVESTIGATION OF COMPLAINTS

The Standards Committee may decide its own procedures for the investigation and hearing of complaints concerning the conduct of individual councillors.

Rules of Debate

RULE 22 – CONDUCT OF MEETING

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

RULE 23 – POWERS AND DUTIES OF THE 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.

In addition, the Chair(person) will have specifically the power to determine the relevance of material coming before the Committee, including objections received.

RULE 24 – CHAIR(PERSON) TAKING PART IN DEBATE

The Chair(person) will not normally take part in debate at a Committee meeting, but may do so.  The Chair(person) may exercise a judgement as to whether s/he vacates the chair during consideration of an item on which s/he wishes to speak.

RULE 25 – 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 26 – 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) of the meeting.

(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 27 – QUESTIONS FROM THE PUBLIC

Members of the public have the right to put forward questions for answer at a meeting of the Standards Committee.  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 includes 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, visiting councillors and the public in advance of the meeting.

Questions must only be asked of the Chair(person) of the Committee or of the Spokespersons of each Political Group represented in the membership of the Committee, but not an individual member of the Committee who does not hold one of these positions.

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 clear working days after the day of the meeting.

There is no requirement of the questioner to read out the question nor of the Chair(person) or Spokesperson to read out the answer if circulated. Where a written answer is circulated in advance, the Chair(person) or 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, other than such a matter properly being considered by this Committee;

·        it contains an allegation against, or comments about, the conduct of individual Councillors or Officers.

RULE 28 – QUESTIONS FROM COUNCILLORS

A Councillor shall have the right to put forward a question for answer at a meeting of the Standards Committee

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, visiting councillors and the public in advance of the meeting.

Questions must only  be asked of the Chair(person) or Spokespersons of the Political Groups represented in the membership of the Committee but not an individual member of the Committee who does not hold one of these positions.

A Chair(person) or 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 Chair(person) or Spokesperson to read out the answer if circulated. Where a written answer is circulated in advance, the Chair(person) or 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 other than such a matter properly being considered by this Committee;

·        it contains an allegation against, or comments about, the conduct of individual Councillors or Officers.

RULE 29 – 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 meeting of the Standards Committee.  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 clear working days before the day of the meeting at which the submission is to be made (e.g. Monday 5pm for a meeting on Thursday).

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 Procedure Rule 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 other than such a matter properly being considered by this Committee.

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.

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 definitions at council procedure rules 34 and 35 may assist.

In some circumstances at a meeting of the standards committee, it will not be appropriate to apply formal debating rules.  This will be a matter for the committee to consider on advice from the chief executive or monitoring officer at the meeting.

RULE 30 – 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. This however is not an amendment.

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 31 – 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 32 – SECONDING

Any motion or amendment is only able to 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 33 – 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 34 – ALTERATION TO MOTION

A Member who moves a proposal may, with the agreement of the seconder (see Rule 32 above), 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 35 – 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 36 – 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 37 – 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 38 – 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 39 – 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 37 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 40 – 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 41 - 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 or nominee may require a group vote or abstention to be recorded in the minutes.

RULE 42 – CONFIDENTIAL OR EXEMPT BUSINESS

If the Standards Committee pass 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: provided that, except when the 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.

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.

When considering an issue of individual conduct, the Committee shall have the right to keep under review throughout the meeting the position governing public or private business, in accordance with the requirements of the Local Government Act 1972 as amended.

RULE 43 – 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.