RELEVANT EXTRACTS FROM COUNCIL PROCEDURE RULES
(1) In these Council Procedure Rules, unless the context otherwise demands, the following terms have the meaning assigned to them:
"Executive Board Members" the Leader and Deputy Leader(s) of the Council and any Councillor appointed by the Leader of the Council pursuant to section 11 (3) (b) of the Local Government Act 2000 and notified by the Leader to the County Council.
"Statutory Officer" means:
(a) the Head of Paid Service in respect of the manner in which the co-ordination by the Council of the discharge of their different functions is co-ordinated, the number of staff required for the discharge of those functions, the organisation of those staff and the appointment and proper management of those staff
(b) the Monitoring Officer in respect of any proposal, decision or omission which has given rise to or is likely to give rise to a breach of law or of any statutory code of practise, or maladministration
(c) the Chief Finance Officer in respect of the proper administration of the Council's financial affairs (Local Government Finance Act 1972, section 151).
CPR 1 - ANNUAL MEETING OF THE COUNCIL
In a year when there is an ordinary election of Councillors, the annual meeting will take place within 21 days of the retirement of the outgoing Councillors. In any other year, the annual meeting will take place on a date in May.
to be agreed by the Council.
The business to be transacted shall be as follows;-.
(a) to receive any declarations of interest from members
(b) to elect a person to preside if the Chair of Council is not present;
(c) to elect the Chair of Council;
(d) to elect the Vice Chair of Council;
(e) to approve the minutes of the last meeting;
(f) to receive any announcements from the Chair and/or Head of the Paid Service;
(g) to elect the Leader and Deputy Leader of the Council;
(h) to be informed
told by the Leader of the Council of the name(s) of the Councillors he/she has chosen to be members of the Executive Board;
(i) to appoint scrutiny committees, the Standards Committee and such other committees as the Council considers appropriate to deal with matters which are neither reserved to the Council nor are executive functions (as set out in Part 3 of this Constitution);
(j) to decide the size and terms of reference for those committees;
(k) to decide the allocation of seats to political groups in accordance with the political balance rules;
(l) to receive nominations of Councillors to serve on each committee and outside body; and
(m) to appoint to those committees and outside bodies except where appointment to those bodies has been delegated by the Council to a committee;
(n) to elect Chairs and Vice Chairs of Committees of the Council.
(o) to agree such parts of the scheme of delegation as the Constitution determines it is for the Council to agree (as set out in Part 3 of this Constitution);
(p) to consider any other business set out in the notice convening the meeting.
In a year when there Is no ordinary election of Councillors, the annual meeting will take place on a date in May to be agreed by the Council and the business to be transacted shall be as follows:-
(a) to receive any declarations of interest from members
(b) to elect a person to preside if the Chair of Council is not present;
(c) to elect the Chair of Council;
(d) to elect the Vice Chair of Council;
(e) to receive any announcements from the Chair , Leader and/or the Head of the Paid Service;
(f) to elect Chairs and Vice Chairs of Committees of the Council.
(g) to appoint members to fill vacancies on committees
(h) To approve the minutes of the last meeting
(i) to consider any business set out in the notice convening the meeting that has been agreed by the Chief Executive in consultation with the Chair, as being in need of urgent consideration.(i.e. cannot be delayed until the next ordinary meeting of the Council)
(j) If the Chair decides that an item of business not included in the agenda for the meeting sent with the summons for the meeting may be taken for reasons of urgency, that item shall, subject to any direction or resolution under paragraph (k), be taken at the end of the other items of business
(k) The order of business in paragraphs (e) – (i) above may be varied by invitation of the Chair;
(1) Ordinary meetings of the Council will take place in accordance
with a programme decided at the Council’s annual meeting with the diary of meetings drawn up by the Chief Executive
(2) The order of business at every meeting of the Council shall be arranged by the Chief Executive so as to give priority to items requiring decisions. Items for consideration may include;-
(a) in the absence of the Chair and Vice-Chair, to choose a member of the Council to preside;
(b) to receive any declarations of interest from members;
(c) to receive any announcements from the Chair, Leader, members of the Executive Board or the Head of Paid Service;
(d) to receive questions from, and provide answers to, the public in relation to matters which in the opinion of the person presiding at the meeting are relevant to the business of the meeting;
(e) to receive petitions;
(f) to deal with any business remaining from the last Council meeting;
(g) to elect Chairs and Vice-Chairs of Committees in the event of a vacancy arising mid term.
(h) to consider the recommendations of the Executive Board
(i) to receive the reports from the Executive Board and the Council’s committees and receive questions and answers on any of those reports;
(j) to receive reports about and receive questions and answers on the business of joint arrangements and external organisations;
(k) to consider motions of which notice has been given;
(l) consider any other business specified in the summons to the meeting reports of the overview and scrutiny committees for debate;
(l) to appoint a committee arising from an item on the summons for the meeting;
(m) to appoint members to fill vacancies on committees;
(3) The order of business in paragraphs (a-m) above may be varied by invitation of the Chair
Those listed below may request the Chief Executive to call Council meetings in addition to ordinary meetings
the Council by resolution;
the Chair of the Council;
the Monitoring Officer;
and or as many Five members of the Council as constitute a quorum of the Council if they have signed a requisition presented to the chairperson of the Council and he/she has refused to call a meeting or has failed to call a meeting within seven days of the presentation of the requisition.
No business shall be transacted at any extraordinary meeting except such as shall be specified in the notice convening the meeting.
This may include Notices of Motion; and First Readings of major strategy and policy proposals by the Executive Board
CPR 4 - COMMITTEES – APPOINTMENT, MEMBERS, SUBSTITUTE MEMBERS AND ARRANGEMENTS FOR MEETINGS
(7) Subject to there being sufficient business to be transacted, ordinary meetings of committees shall be convened in accordance with the diary of meetings drawn up by the Chief Executive.
approved by the Council. Chairs of Committees in consultation with members of their committees shall be entitled to agree variations to the arrangements for meetings.????
(8) A special meeting of a committee may only be convened following the agreement of the Chief Executive in consultation with the relevant Chair.
The person appointed to preside at meetings of a committee or, in his absence his deputy, may call a special meeting of the committee at any time.
The membership of the Planning and Licensing Committees shall be changed by appointing members at the annual meeting of the Council following a County Council election.
The membership of all committees shall be generally reviewed by the council at its annual meeting and also as and when changes in the political make up of the Council arise.
Appropriate training shall be provided for those committees.
In the case of the Licensing and Planning Committee it is a prerequisite that
only members shall who have attended appropriate training shall be appointed or be allowed to continue as members prior to attending their first Committee meeting. or to attend as a substitute member. Two Three nominated permanent substitutes for each of the Independent, Labour and Plaid Cymru Groups or any other groups on the Council with more than 10 members will be allowed for the Planning Committee, and they will only sit if they have already undertaken the appropriate training. on the basis that each group will identify the two members who will be “first” substitutes with the other two attending meetings only if the “first” substitutes are unable to attend. Two nominated substitutes for each of the Independent, Labour and Plaid Cymru Groups will be allowed for the Departures Committee. No substitution shall be allowed for members of the Licensing, or Appeals Committees.
Subject to the foregoing paragraph (9), Where an ordinary member of a committee will be absent for the whole of the meeting a political group shall be permitted to substitute any of its members from members of that same group, who are not already members of that particular Committee, save for the Planning Committee as referred to in Paragraph 4.9 above and the Licensing and Appeals Committees where no substitution will be allowed.
Any member of the Licensing Committee may act as a substitute member for a member of one of the three sub-committees of the Licensing Committee referred to in Part 3 Table 3 of this Constitution.
Where a member of a sub-committee of the Licensing Committee will be absent from any part of a meeting of that sub-committee, another member of the Licensing Committee who is not already a member of that particular sub-committee shall be appointed in his or her place.
(11) Executive Board members may not act as substitutes for members of scrutiny committees
(12) Substitute members may attend meetings in that capacity only:
(a) to take the place of the ordinary member for whom they are substituting
(b) after the absent member or political group leader has notified
notifying the Chief Executive or his/her representative before the commencement of the meeting of the intended substitution.
(c) if he/she takes his/her place by the commencement of the meeting
(13) Substitute members will have all the powers and duties of any ordinary member of the committee but will not be able to exercise any special powers or duties exercisable by the person they are substituting e.g. Chairing the meeting.
The quorum of a meeting of the Council, and any committee will be one third of the members rounded up with a minimum number of three. (Quorum for Executive Board will be 4 members [part 4.4 Executive Procedure Rules]) During any meeting if the Chair counts the number of members present and declares there is not a quorum present, then the meeting will adjourn immediately. Remaining business will be considered at a time and date fixed by the Chief Executive in consultation with the Chair. If he/she does not fix a date, the remaining business will be considered at the next ordinary meeting.
If the business of the meeting has not been concluded within three hours of its commencement the Chair will draw attention to that fact and any member speaking must immediately sit down. The Chair will call for the vote immediately on the item under discussion. The vote will then be taken in the usual way without any further discussion.
9.2 The Council or Committee can continue with its remaining business provided that a motion is passed to suspend Council Procedure Rules [CPR22.1].
If there are other motions or recommendations on the agenda that have not been dealt with at this juncture, they shall be formally moved and seconded (together with any amendments) and voted upon in the usual way. No speeches will be allowed on these items.
If a recorded vote is called for during this process it will be taken immediately.
During the process set out in Rules 9.1–9.3 above, the only other motions which may be moved are that a matter be withdrawn or that a matter be delegated or referred to an appropriate body or individual for decision or report.
When all motions and recommendations have been dealt with, the Chair will declare the meeting closed.
At a meeting of the Council, Any member of the Council or any local government elector of the County may, subject to paragraph (10.12) below, present forward to the Chief Executive Chair or other person presiding a written petition which is relevant to some matter in relation to which the authority have functions, or which affects the area of the authority, or part of it, or the inhabitants of that area, or some of them provided however that such written petition must be signed by not fewer than fifty registered electors of the County who are not members of the Council and that it has been delivered in writing to the Chief Executive no later than midday 7 working days before the day of the meeting it is proposed to be presented at.
The Chief Executive shall in consultation with the Chair of Council refer, where appropriate, petitions upon receipt to the Executive Board, Executive Board Member or relevant Committee, unless the content requires consideration by the Council.
Petitions received in respect of Planning or Licensing functions shall be referred to the Chair of the relevant Committee for response.
10.12 The presentation of a petition at a meeting of the Council, Executive Board, relevant Committee or to the relevant Executive Board Member shall be limited to not more than five minutes, and shall be confined to reading out or summarising the prayer of the petition, indicating the number and description of the signatories, and making such further supporting remarks to the petition as the person presenting it shall think fit.
10.13 The Chief Executive shall indicate the receipt of any request for presentation of a petition in the agenda of the relevant meeting and petitions shall be presented in the order in which he /she received those requests. In the case of a petition being referred to an Executive Board Member he/she will meet the petitioners, accept the petition and make a brief response. He/she will then refer the petition to the relevant officers to prepare a report on the matter for consideration at one of his/her decisions meetings.
10.14 At a meeting of Council or a relevant committee the Leader or the relevant Executive Board Member or Committee Chair shall be entitled to make a brief response to the presentation.
10.15 Where the petition is presented to the Council it
The petition shall be referred to the Executive Board, an Executive Board Member or the relevant Committee for consideration. 10.16 The provisions of this Procedure Rule shall also apply to any committee but only to the extent that the subject matter of the petition falls within the terms of reference of that particular committee.
CPR 12 - MOTIONS ON NOTICE
12.1 Any members of the Council may give notice of not more than one motion for consideration at any meeting of the Council, subject to the notice indicating the support of not less than 7 other members. (10% of the members of the Council rounded down to the nearest whole number)
12.2 The Leader of the Council may give notice of more than one motion for consideration at any meeting of the Council.
12.3 Notice of every motion to be moved at a meeting of the Council other than a motion which may be moved without notice, shall be given in writing, signed by
the member or the members of the Council required to give giving the notice in accordance with rules 12.1 and 12.2 above and delivered to the Chief Executive no later than 7 working days before the day of the relevant meeting. in time to appear on the summons before the next meeting of the Council at the office of the Chief Executive. The notice shall state for which meeting of the Council it is given.
12.4 The Chief Executive shall not accept any notice of motion which, by reason of any enactment or any provision in these Procedure Rules other than paragraph (12.9) below could not be considered at the meeting for which it is given.
12.5 The Chief Executive shall record the time and date at which every such notice is delivered to him. That record shall be open to the inspection of every member of the Council.
12.6 The Chief Executive shall set out in the summons of the relevant Council meeting all motions of which notice has been duly given for that Council meeting in the order in which they have been received.
12.7 Every motion shall be relevant to some matter in relation to which the authority have functions, or which affects the area of the authority, or part of it, or the inhabitants of that area, or some of them.
12.8 A motion shall only be moved by a member by whom notice has been given, or by a member authorised by such a member.
12.9 Where notice of a motion has been given for any meeting, and that motion is not moved (for whatever reason) the notice shall lapse, and the motion shall not be moved without further notice.
12.10 Written amendments to Notices of Motion must be received by the Chief Executive 24 hours before the relevant Council meeting, signed by the mover and
seconder six other members and will be circulated in written form to all members at the Council meeting. No verbal amendments will be allowed.
12.11 The Chief Executive shall in consultation with the Chair of Council refer, where appropriate Notices of Motions upon receipt to the Executive Board, Executive Board Member or the relevant Committee unless the content requires consideration by the Council.
CPR 13 - MOTIONS WITHOUT NOTICE
The following motions may be moved without notice:
(a) to appoint a Chair of the meeting at which the motion is moved;
(b) in relation to the accuracy of the minutes;
(c) to change the order of business in the agenda;
(d) to refer something to an appropriate body or individual;
(e) to appoint a committee or member arising from an item on the summons for the meeting;
(f) to receive reports or adopt
ion ofrecommendations of committees or officers and any resolutions following from them;
(g) to withdraw a motion;
(h) to amend a motion;
(i) to proceed to the next business;
(j) that the question be now put;
(k) to adjourn a debate;
(l) to adjourn a meeting;
(m) that the meeting continue beyond three hours in duration
(n) to suspend a particular council procedure rule;
(o) to exclude the public and press in accordance with the Access to Information Rules;
(p) to not hear further a member named under Rule 20.3
21.3or to exclude them from the meeting under Rule 20.5 21.5;and
(q) to give the consent of the Council where its consent is required by this Constitution.
CPR 14 - RULES OF DEBATE
14.10 MOTIONS WHICH MAY BE MOVED DURING DEBATE
When a motion is under debate, no other motion may be moved except the following procedural motions:
(a) to withdraw a motion;
(b) to amend a motion;
(c) to proceed to the next business;
(d) that the question be now put;
(e) to adjourn a debate;
(f) to adjourn a meeting;
(g) that the meeting continue beyond three hours in duration;
(h) to exclude the public and press in accordance with the Access to Information Rules; and
(i) to not hear further a member named under Rule
21.320.3 or to exclude them from the meeting under Rule 21.5. 20.5.
14.12 POINT OF ORDER
A member may raise a point of order at any time. The Chair will hear the
m point of order immediately. A point of order may only relate to an alleged breach of these Council Rules of Procedure or the law. The member must indicate the rule or law and the way in which he/she considers it has been broken. The ruling of the Chair on the matter will be final.
CPR 20 - MEMBERS' CONDUCT
5 4 MEMBER TO LEAVE THE MEETING
If the member continues to behave improperly after
such a motion is carried under CPR 20.3 above, the Chair may move that either the member leaves the meeting or that the meeting is adjourned for a specified period. If seconded, the motion will be voted on without discussion.
6 5 GENERAL DISTURBANCE
If there is a general disturbance making orderly business impossible, the Chair may adjourn the meeting for as long as he/she thinks necessary.
CPR 21 - DISTURBANCE BY PUBLIC
21.1 REMOVAL OF MEMBER OF THE PUBLIC
If a member of the public interrupts proceedings, the Chair will warn the person concerned. If they continue to interrupt, the Chair will order their removal from the meeting room. The Chair may adjourn the meeting for as long as he/she thinks necessary
21.2 CLEARANCE OF PART OF MEETING ROOM
If there is a general disturbance in any part of the meeting room open to the public, the Chair may call for that part to be cleared. The Chair may adjourn the meeting for as long as he/she thinks necessary
CPR 22 - SUSPENSION AND AMENDMENT OF COUNCIL PROCEDURE RULES
All of these Council Rules of Procedure except Rule 16.6 and 17.2 may be suspended by motion on notice or, without notice if at least one half of the whole number of members of the Council or a Committee are present. Suspension can only be for the duration of the meeting.