Part 4 - Council Rules, Council and Committee Procedure Rules 1. ANNUAL MEETING OF THE COUNCIL 1.1 Timing and business In a year when there is an ordinary election of Councillors, the annual meeting will take place within 21 days of the retirement of the outgoing Councillors. In any other year, the annual meeting will take place in March, April or May. The annual meeting will: (i) elect a person to preside if the Mayor of the Council is not present; (ii) elect the Mayor of the Council; (iii) elect the Deputy Mayor of the Council; (iv) approve the minutes of the last meeting; (v) receive any announcements from the Chairman and/or Head of the Paid Services; (vi) elect the Leader; and Deputy Leader (vii) appoint at least one Overview and Scrutiny Panel, a Standards Committee and such other committees as the Council considers appropriate to deal with matters which are not reserved to the Council. 1.2 Selection of Councillors on Committees and Outside Bodies At the annual meeting, the Council meeting will: (i) decide which committees to establish for the municipal year; (ii) decide the size and terms of reference for those committees; (iii) if appropriate, decide the allocation of seats and substitutes to political groups in accordance with the political balance rules; (iv) receive nominations of Councillors to serve on each committee and outside body; and (v) appoint to those committees and outside bodies except where appointment to those bodies has been delegated by the Council. (vi) elect the Chairman and Vice-Chairman of committees or otherwise to be appointed at the first meeting of each committee following the Annual Meeting of the Council 2. ORDINARY MEETINGS Ordinary meetings of the Council will take place in accordance with a programme decided at the Council’s annual meeting. Ordinary meetings will: (i) elect a person to preside if the Chairman and Vice-Chairman are not present; (ii) approve the minutes of the last meeting; (iii) receive any declarations of interest from members during the meeting. (iv) receive any announcements from the Chairman, Leader or the Head of Paid Service; (v) 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; (vi) deal with any business from the last Council meeting; (vii) receive reports from the Council’s committees and receive questions and answers on any of those reports; (viii) receive reports about and receive questions and answers on the business of joint arrangements and external organisations; (ix) consider motions, and (x) consider any other business specified in the summons to the meeting. 3. EXTRAORDINARY MEETINGS 3.1 Calling extraordinary meetings Those listed below may request the Chief Executive calls Council meetings in addition to ordinary meetings: (i) the Council by resolution; (ii) the Monitoring Officer; and (iii) any five members of the Council if they have signed a requisition presented to the Chairman of the Council and he/she had refused to call a meeting or has failed to call a meeting within seven days of the presentation of the requisition. 3.2 Business An extraordinary meeting shall not consider previous minutes, reports from Committees or any other matter than the subject for which that meeting is called. 4. APPOINTMENT OF SUBSTITUTE MEMBERS OF COMMITTEES, PANELS SUB-COMMITTEES AND OUTSIDE BODIES 4.1 Allocation The Council may allocate seats for substitute members on outside or joint bodies, where those bodies allow. 4.2 Powers and duties Named Substitutes will be permitted to attend any Council meeting or Panel and vote on behalf of the Member they are replacing 4.2.1 A list of substitute Members will be agreed by the relevant Political Parties and forwarded to the Chief Executive and Monitoring Officer 4.2.2 Substitute members will have the powers and duties of any ordinary member but will not be able to exercise any special powers or duties exercisable by the person they are substituting. 5. TIME AND PLACE OF MEETINGS The time and place of meetings will be determined by the Chief Executive and notified in the summons. 6. NOTICE OF THE SUMMONS TO MEETINGS The Proper Officer will give notice to the public of the time and place of any meeting in accordance with the Access to Information Rules. At least five clear days before a meeting, the Proper Officer, if he or she is not the Chief Executive, will send a summons in the name of the Chief Executive by post to each member of the Council, or leave, at his or her last known address or, if notified in writing to the Proper Officer, his or her preferred address. The summons will give the date, time and place of each meeting and specify the business to be transacted, and will be accompanied by such reports as are available. 7. CHAIR OF MEETING The person presiding at the meeting may exercise any power or duty of the Chairman. Where these rules apply to committee or sub-committee meetings, references to the Chairman also include the Chairman of committees and sub-committees. 7.1 An item of business may not be considered by the Chairman of a meeting unless:- ((a) a copy of the agenda including the item is open to inspection by members of the public for at least 5 days (before the meeting or where the meeting is convened at shorter notice, from the time the meeting is convened; or (b) by reason of special circumstances (which shall be specified in the minutes), the chairman of the meeting is of the opinion that the item should be considered as a matter of urgency. 7.2 The order of business can be altered by the Chairman, if agreed by all members present. 7.3 The Chairman of a Services or Policy Committee may withdraw any item or report from the Agenda. 7.4 The Leader, Deputy Leader or any other member present may propose a motion to withdraw any item or report on the Agenda at Full Council. 8. QUORUM (a) If during any meeting the Chair, after counting the number of Members present, declares that there is not a quorum present, the meeting shall stand adjourned. The consideration of any business not transacted shall be adjourned to a time fixed by the Chair at the time the meeting is adjourned or, if he does not fix a time, to the next ordinary meeting of the Council, Committee or Panel as the case may be. (b) The quorum for any meeting shall be set at (one quarter) of all Members who have the right to vote at that meeting, provided that no business shall be transacted at any meeting if less than three persons entitled to vote are present. 9. DURATION OF MEETINGS Unless the majority of members present vote for the meeting to continue, any meeting that has lasted 3 hours will adjourn immediately. Remaining business will be considered at a time and date fixed by the chairman. If he/she does not fix a date, the remaining discussion will be considered at the next ordinary meeting. 10. QUESTIONS BY THE PUBLIC 10.1 General At the discretion of the Chairman, members of the public may ask questions of members at ordinary meetings of the Council. 10.2 General Questions will be asked in the order notice of them was received, except that the Chairman may group together similar questions. 10.3 Notice of Questions A question may only be asked if notice has been given by delivering it in writing or by electronic mail to the Proper Officer no later than midday 5 days before the day of the meeting. Each question must give the name and address of the questioner and must name the member of the Council to whom it is to be put. 10.4 Number of Questions At any one meeting no person may submit more than one question but one supplementary question may also be asked. More than one question shall not be submitted on behalf of any organisation. 10.5 Scope of Questions The Chief Executive may reject a question if it: (i) is not about a matter for which the local authority has a responsibility or which affects the Borough; (ii) is defamatory, frivolous or offensive; (iii) is substantially the same as a question which has been put at a meeting of the Council in the past six months; or (iv) requires the disclosure of confidential or exempt information. 10.6 Record of Questions The Chief Executive will keep a record of submitted questions open to public inspection and will immediately send a copy of the question to the member to whom it is to be put. Rejected questions will include reasons for rejection. 10.7 Asking the question at the meeting The Chairman will invite the questioner to put the question to the member named in the notice. If a questioner who has submitted a written question Is unable to present, they may ask the Chairman to put the question on their behalf. The Chairman may ask the question on the questioner’s behalf, indicate that a written reply will be given or decide, in the absence of the questioner, that the question will not be dealt with. 10.8 Supplemental Question A questioner who has put a question in person may also put one supplementary question without notice to the member who has replied to his or her original question. A supplementary question must arise directly out of the original question or the reply. The Chairman may reject a supplementary question on any of the grounds in Rule 10.5 above. 10.9 Written Answers Any question which cannot be dealt with during public question time, either because of lack of time or because of the non-attendance of the member to whom it was to be put, will be dealt with by a written answer. 10.10 Reference of Question to the Committee Unless the Chairman decides otherwise, no discussion will take place on a question, but any member may move that a matter raised by a question be referred to the appropriate committee or sub-committee. Once seconded, such a motion will be voted on without discussion. 11. QUESTIONS BY MEMBERS 11.1 On Reports of the Committees A member of the Council may ask the Leader or the Chairman of a committee any question without notice upon an item of the report of a committee when that item is being received or under consideration by the Council. 11.2 Questions on notice at Full Council Subject to Rule 11.4, a member of the Council may ask: (i) The Leader of the Council (ii) The Chairman of any committee or sub-committee (iii) A question on any matter in relation to which the Council has powers or duties or which affects the Borough. 11.3 Questions on notice at Committees and Sub-Committees Subject to Rule 11.4, a member of a committee or sub-committee may ask the Chairman of it a question on any matter in relation to which the Council has powers or duties which affect the Borough and which falls within the terms of reference of that committee or sub-committee. 11.4 Notice of Questions A member may only ask a question under Rule 11.2 or 11.3 if either: (a) they have given to the Chief Executive at least 5 working days notice in writing of the question; or (b) the question relates to urgent matters, they have the consent of the Chairman to whom the question is to be put and the content of the question is given to the Chief Executive by 9.30 am on the day of the meeting. 11.5 Response An answer may take the form of: (a) a direct oral answer; (b) where the desired information is in a publication of the Council or other published work, a reference to that publication; or (c) where the reply cannot conveniently be given orally, a written answer circulated later to the questioner. 11.6 Supplementary Question A member asking a question under Rule 11.2 or 11.3 may ask one supplementary question without notice of the member to whom the first question was asked. The supplemental question must arise directly out of the original question or the reply. 12. MOTIONS ON NOTICE 12.1 Notice (a) Except for motions which can be moved without notice under (Rule 13) and any motion to remove the Leader from office as Leader, written notice of every motion, signed by a Councillor, must be delivered to the Chief Executive not later than 5 days before the date of the meeting. (b) In the case of any motion for the removal of the Leader from office, written notice signed by at least one quarter of the Councillors must be delivered to the Chief Executive not later than 10 days before the date of the meeting. Any such motion shall be carried only if at least two thirds of the members present at the meeting are in favour. (c) A record of notices of motion will be open to public inspection. 12.2 Motion set out in Agenda Motions for which notice has been given will be listed on the Agenda in the order which notice was received, unless the Councillor giving notice states, in writing, that he or she proposes to move it to a later meeting or withdraw it. Subject to a written proposal by the Councillor to move it at a later meeting, any motion not moved at the relevant meeting shall be deemed to be withdrawn. 12.3 Scope Motions must be about matters for which the Council has a responsibility or which affect the Borough. 13. MOTIONS WITHOUT NOTICE The following motions may be moved without notice: (a) to appoint a Chairman 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 adoption of recommendations of committee 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) to suspend a particular council procedure rule; (n) to exclude the public and press in accordance with the Access to Information Rules; (o) to not hear further a member named under Rule 20.3 or to exclude them from the meeting under Rule 20.4; and (p) to give the consent of the Council where its consent is required by this Constitution. 14. RULES OF DEBATE 14.1 No speeches until motion seconded * No speeches may be made after the mover has moved a proposal and explained the purpose of it until the motion has been seconded. 14.2 Right to require motion in writing Unless notice of the motion has already been given, the Chairman may require it to be written down and handed to him/her before it is discussed. 14.3 Seconder’s Speech When seconding a motion or amendment, a member may reserve their speech until later in the debate. 14.4 Content and length of Speeches Speeches must be directed to the question under discussion or to a personal explanation or point of order. No proposer’s speech may exceed 8 minutes, nor any other speech exceed 5 minutes, without the consent of the Chairman. 14.5 When a Member may speak again A member who has spoken on a motion may not speak again whilst it is the subject of debate, except: (a) to speak once on an amendment moved by another member; (b) to move a further amendment if the motion has been amended since he/she last spoke; (c) if his/her first speech was on an amendment moved by another member, to speak on the main issue (whether or not the amendment on which he/she spoke was carried); (d) in exercise of a right of reply; (e) on a point of order; and (f) by way of personal explanation. 14.6 Amendments to Motions (a) An amendment to a motion must be relevant to the motion and will either be: (i) to refer the matter to an appropriate body or individual for consideration or reconsideration; (ii) to leave out words; (iii) to leave out words and insert or add others; or (iv) to insert or add words. as long as the effect of (ii) or (iv) is not to negate the motion. (b) Normally, 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. Exceptionally, the chairman may allow, after notice of proposal, concurrent discussion of a subsequent amendment before both are disposed of in whatever order the Chairman thinks fit if it appears to the Chairman that this course would facilitate the proper conduct of the Council’s business. (c) If an amendment is not carried, other amendments to the original motion may be moved. (d) If an amendment is carried, the motion as amended takes the place of the original motion. This becomes the substantive motion to which any further amendments are moved. (e) After an amendment has been carried, the Chairman will read out the amended motion before accepting any further amendments, or if there are none, put it to the vote. 14.7 Alteration of Motion (a) A member may alter a motion of which he/she has given notice with the consent of the meeting. The meeting’s consent will be signified without discussion. (b) A member may alter a motion which he/she has moved without notice with the consent of both the meeting and the seconder. The meeting’s consent will be signified without discussion. (c) Only alterations which could be made as an amendment may be made. 14.8 Withdrawal of Motion A member may withdraw a motion which he/she has moved with the consent of both the meeting and the seconder. The meeting’s consent will be signified without discussion. No member may speak on the motion after the mover has asked permission to withdraw it unless permission is refused. 14.9 Right to Reply (a) The mover of a motion has a right to reply at the end of the debate on the motion, immediately before it is put to the vote. (b) 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. (c) The mover of the amendment has no right of reply to the debate on his or her amendment. 14.10 Motions which may be moved during debate When a motion is under debate, no other motion may be moved except the following procedural motions: (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) to exclude the public and press in accordance with the Access to Information Rules; and (h) to not hear further a member named under Rule 20.3 or to exclude them from the meeting under Rule 20.4. 14.11 Closure Motions (a) A member may move, without comment, the following motions at the end of a speech of another member: (i) to proceed to the next business; (ii) that the question be now put; (iii) to adjourn and debate; or (iv) to adjourn a meeting. (b) If a motion to proceed to next business is seconded and the Chairman thinks the item has been sufficiently discussed, he or she will give the mover of the original motion a right of reply and then put the procedural motion to the vote. (c) If a motion that the question be now put is seconded and the Chairman thinks the item has been sufficiently discussed, he/she will put the procedural motion to the vote. If it is passed he/she will give the mover of the original motion a right of reply before putting his/her motion to the vote. (d) If a motion to adjourn the debate or to adjourn the meeting is seconded and the Chairman thinks the item has not been sufficiently discussed and cannot reasonably be so discussed on that occasion, he/she will put the procedural motion to the vote without giving the mover of the original motion the right of reply. 14.12 Point of Order A member may raise a point of order at any time. The Chairman will hear it immediately. A point of order may only relate to an alleged breach of these Council rules of Procedure or the law. The member must indicate the rule or law and the way in which he/she considers it has been broken. The ruling of the Chairman on the matter will be final. 14.13 Personal Explanation A member may make a personal explanation at any time. A personal explanation may only relate to some material part of an earlier speech by the member which may appear to have been misunderstood in the present debate. The ruling of the Chairman on the admissibility of a personal explanation will be final. 15. PREVIOUS DECISIONS AND MOTIONS 15.1 Motion to rescind a previous decision A motion or amendment to rescind a decision made at a meeting of Council within the past six months cannot be moved unless the notice of motion is signed by at least (5) members. 15.2 Motion similar to one previously rejected A motion or amendment in similar terms to one that has been rejected at a meeting of Council in the past six months cannot be moved unless the notice of motion or amendment is signed by at least 5 members. Once the motion or amendment is dealt with, no one can propose a similar motion or amendment for six months. 16. VOTING 16.1 Majority Unless this Constitution provides otherwise, any matter will be decided by a simple majority of those members voting and present in the room at the time the question is put. 16.2 Chairman’s casting vote If there are equal numbers of votes for and against, the Chairman will have a second or casting vote. There will be no restriction on how the Chairman chooses to exercise a casting vote. 16.3 Method of Voting Unless a recorded vote is demanded, the Chairman will normally take the vote by show of hands, at his or her discretion, or if there is no dissent, by the affirmation of the meeting. 16.5 Announcement of Result Whatever the method of voting, the Chairman will announce the result or the numerical result of the vote immediately the result is known. 16.5 Recorded Vote If 6 members or one quarter of those present at the meeting, whichever is the fewer, demand it, the names for and against the motion or amendment or abstaining from voting will be taken down in writing and entered into the minutes. 16.6 Right to require individual vote to be recorded Where any member requests it immediately after the vote is taken, their vote will be so recorded in the minutes to show whether they voted for or against the motion abstained from voting. 17. MINUTES 17.1 Signing the Minutes The Chairman will sign the minutes of the proceedings at the next suitable meeting. The Chairman will move that the minutes of the previous meeting be signed as a correct record. The only part of the minutes that can be discussed is their accuracy. 17.2 No requirement to sign Minutes of previous Meeting at an Extraordinary Meeting Where in relation to any meeting, the next meeting for the purpose of signing minutes is a meeting called under paragraph 3 of Schedule 12 to the Local Govern Act 1972 (an Extraordinary Meeting), then the next following meeting (being a meeting called otherwise than under that paragraph) will be treated as a suitable meeting for the purposes of paragraph 41(1) and (2) of Schedule 12 relating to signing of the minutes. 17.3 Forum of Minutes Minutes will contain all motions and amendments in the exact form and order the Chairman put them. 18. RECORD OF ATTENDANCE The Committee Clerk shall record the attendance of all members and officers present during the whole or part of every meeting. All Members present during the whole or part of a meeting must sign their names on the attendance sheets before the conclusion of every meeting to assist with the record of attendance. 19. EXCLUSION OF PUBLIC Members of the public and press may only be excluded either in accordance with the Access to Information Rules in Part 4 of this Constitution or Rule 21 (Disturbance by Public). 20. MEMBERS’ CONDUCT 20.1 Standing to Speak When a Member speaks at Full Council they must stand and address the meeting through the Chairman. If more than one member stands, the Chairman will ask one to speak and the others must sit. Other members must remain seated whilst a member is speaking unless they wish to make a point of order or a point of personal explanation. 20.2 Chairman Standing When the Chairman stands during a debate, any member speaking at the time must stop and sit down. The meeting must be silent. 20.3 Member not to be heard further If a member persistently disregards the ruling of the Chairman by behaving improperly or offensively or deliberately obstructs business, the Chairman may move that the member be not heard further. If seconded, the motion will be voted on without discussion. 20.4 Member to leave the meeting If the member continues to behave improperly after such a motion is carried, the Chairman may move that either the member leaves the meeting or that the meeting is adjourned for a specified period. If seconded, the motion will be voted on without discussion. 20.5 General Disturbance If there is a general disturbance making orderly business impossible, the Chairman may adjourn the meeting for as long as he/she thinks necessary. 21. DISTURBANCE BY PUBLIC, RECORDING OF PROCEEDING 21.1 Removal of Member of the Public If a member of the public interrupts proceedings, the Chairman will warn the person concerned. If they continue to interrupt, the Chairman will order their removal from the meeting room. 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 Chairman may call for that part to be cleared. 21.3 Banners, placards, etc No member of the public shall be allowed to bring into or display at any Council meeting any banner, placard, poster or other similar item. The Chairman may require any to be removed. 21.4 Recording of Business Unless specifically authorised by resolution, no audio and/or visual and/or visual or photographic recording any format is allowed at any meeting of the Council, or any committee or sub-committee of the Council. 22. SUSPENSION AND AMENDMENT OF COUNCIL PROCEDURE RULES 22.1 Suspension All of these Council Rules of Procedure except Rule 16.6 and this Rule may be suspended by motion on notice or without notice if requested by at least two thirds of Councillors present and voting. Suspension can only be for the duration of the meeting. 22.2 Amendment Any motion to add to, vary or revoke these Council Rules of Procedure will, when proposed and seconded, stand adjourned without discussion to the next ordinary meeting of the Council. 23. APPLICATION TO COMMITTEES AND SUB-COMMITTEES (a) All of the Council Rules of Procedure apply to meetings of Full Council. (b) Only Rules 5-9 and 11-23 (but not Rule 20.1 (standing to speak)) apply to meetings of committees and sub-committees. 24. PETITIONS AND DEPUTATIONS (1) Any Petition to be submitted to Council or to a Committee or Sub-Committee must be in writing and signed by a least ten local government electors of the Borough who shall also state their addresses. Any Petition must be submitted to the Chief Executive not less than three clear working days before the meeting at which it is first to be presented. (2) No Petition shall relate to any matter of a personal nature (3) A Member or Officer of the Council receiving a Petition shall present the same, if so requested, to the next meeting of Council or of the appropriate Committee or Sub-Committee, whichever shall be the earlier. A Petition presented to Council shall stand referred to the next meeting of the appropriate Committee. Any Petition presented or referred to a Committee shall likewise stand referred to the next meeting of the appropriate Sub-Committee if the power to act upon the Petition falls within the delegated powers of the Sub-Committee. (4) Any local government elector of the Borough who is a signatory to a Petition may present that Petition personally to the relevant meeting, and may speak upon the Petition for not more than five minutes, which period of time may be extended to a maximum of fifteen minutes by the Chair in his absolute discretion. Only one elector may speak upon any Petition. (5) The foregoing paragraphs of this Standing Order shall apply to requests for Deputation, except that: (a) a Deputation must be made personally, i.e. it may not be presented by a Member or Officer; (b) the spokesperson for the Deputation may speak for fifteen minutes upon the subject matter of the Deputation, and this period, may not be extended; (c) a Deputation shall not be made by less than five persons nor by more than twenty persons, although more than this number may appear as signatories to the request for the Deputation. (6) No Petition or Deputation shall be accepted if either a Petition or a Deputation with the same or similar object has been heard by the Council, or by any Committee or Sub-Committee, within a period of six months prior to the receipt by the Chief Executive of the Petition or request for a Deputation. 25. QUESTIONS BY ELECTORS AT MEETINGS (1) At any Council meeting where the press and public are admitted, any elector registered within the Borough may, subject to this Standing Order, ask the Chair of any Committee any question on any matter in relation to which that Committee has powers or duties; a similar right shall extend to the asking of questions of Sub-Committee Chair at Committee meetings, and of the Chair of any meeting at that meeting. (2) Any question must be submitted in writing to the Chief Executive not less than three clear working days before the meeting of the Council, Committee or Sub-Committee at which the elector proposes to ask the question. (3) One supplementary question will be allowed, provided that it is relevant to the original question and does not introduce new subject matter. (4) If notice be given of any question which, in the opinion of the Chief Executive or of the Monitoring officer, is out or order, not relevant to the functions of the Committee or Sub-Committee, defamatory or otherwise offensive, the Chief Executive shall forthwith submit the proposed question to the Chair, and the question shall not be accepted without his sanction. In the event of non-acceptance the Chief Executive shall so inform the elector who submitted the question. (5) No question may be asked which: ((a)) relates to any planning application; (b) cannot be answered without disclosing material which is exempt or confidential within the meaning of the Local Government Act 1972 as amended; (c) is of a purely personal nature; (d) is otherwise contrary to this Standing Order. (6) The period allowed for the putting and answering of questions shall be fifteen minutes, commencing immediately following the confirmation of the Minutes of the previous meeting, but it shall be open to any Member of the Council (or of the Committee or Sub-Committee, as the case may be) to move an extension of this period should there be questions remaining unanswered. Such a Motion shall be moved and seconded and put without discussion. (7) Questions shall be put and answered in the order in which they were received and accepted by the Chief Executive. (8) A question shall fall and not receive an answer if the elector who submitted the question is not present at the meeting to put the question at the due time. (9) There shall be no discussion upon the question or the answer, but a Member of the Council (or of the Committee or Sub-Committee, as the case may be) may propose that the subject matter of the question be placed on the Agenda of the next ordinary meeting of the relevant Committee or Sub-Committee. Such a Motion shall be moved and seconded and put without discussion. (10) A person to whom a question has been put may: (a) give a direct oral answer; (b) where the desired information is contained within a publication of the Council or in any Report or Minutes previously submitted to Council, refer to that document; (c) where the reply cannot conveniently be given orally, take the form of a written answer; (d) decline to answer 26. SPEAKING AT THE DEVELOPMENT CONTROL COMMITTEE 1. Where there are 5 or more letters of objection or a petition of at least 50 signatures objecting to an application, a representative of the objector is allowed to address the Development Control Committee at its meeting 2. Where the right of objectors to speak is taken up the person applying for planning permission or his agent has the right to respond. 3. If sufficient letters of objection or a petition is received within the consultation period set out in the letter of notification the objector (and or the organiser of the petition) will be put in contact with each other to choose someone to speak on their behalf. 4. The person chose to speak is acting for all those people making objections & should represent the points of view of them all. Whoever is chosen to speak should contact the Development Control Manager at least 3 working days before the proposed meeting. Once the meeting has begun no request to speak will be heard. 5. If a group of objectors cannot decide on someone to speak on their behalf, the author of the first letter received will be offered the opportunity in the first instance. 6. The representative of the objectors followed by the applicant or his agent may address the committee for a maximum of 5 minutes each. This should not be used as an opportunity to ask questions. 7. Once the representations have been made there will be no other opportunity to speak to the Committee. 8. The chair has the discretion with the consent of the committee to vary the right to speak to include additional speakers. 9. The Committee will then consider the application and reach a decision. If the application is deferred there will not normally be another opportunity to speak again. 27. Chairman’s Casting Vote (1) Where, at any meeting, the Chairman has a second or casting vote, there is no rule, requirement, tradition, expectation or protocol bearing upon whether the Chairman shall or shall not exercise that right (and if he or she does not, the motion shall not be deemed to be carried). Likewise, if the Chairman does exercise that right, there is no rule, requirement, tradition, expectation or protocol as to how that vote is to be case. There is no bias towards ‘status quo’ or officer recommendation’. The Chairman shall have an absolute and unfettered discretion. Majority (2) For the avoidance of doubt, unless otherwise provided in this Constitution or by law, all matters at any meeting shall be determined by simple majority of votes (whether by ballot or by show of hands) of those members of Council, or those members of any committee or sub-committee respectively present and voting at that meeting. Where there are three or more candidates for appointment and there is after balloting no candidate with a clear majority, meaning in this case the votes of more than 50% of members present and voting, the candidate with the least number of votes shall withdraw and there shall be a fresh ballot of the remaining candidates; and so on as necessary until a candidates has that majority. (3) Reference to ‘Chairman’ The Constitution refers throughout to ‘the Chairman’ whether of the Council or any committee or sub-committee or, by analogy, any working party or group. Any Chairman may, however, wish to be referred to as ‘Chair’ or ‘the Chair’ at any meeting at which he or she presides and all members or other persons speaking at that meeting shall respect that wish. Notwithstanding this, unless Council determines otherwise:- • Minutes of all meetings and all references in one meeting to the Chairman of or at another will continue to use the word ‘Chairman’. • Vice-Chairman shall always be referred to as ‘Vice-Chairman’. Access to Information Procedure Rules 1. SCOPE These rules apply to all meetings of the Council, Overview and Scrutiny Panels, area forums (if any), Policy and other committees and the Standards Committee (together called meetings). 2. ADDITIONAL RIGHTS TO INFORMATION These rules do not affect any more specific rights to information contained elsewhere in this Constitution or the law. 3. RIGHTS TO ATTEND AND SPEAK AT MEETINGS Members of the public may attend all meetings subject only to the exceptions in these rules. 4. NOTICES OF MEETING The Council will give at least three clear days notice of any meeting by posting details of the meeting at all offices of the Council. 5. ACCESS TO AGENDA AND REPORTS BEFORE THE MEETING The Council will make copies of the agenda and reports open to the public available for inspection at the Council Offices at leas three clear days before the meeting. If an item is added to the agenda later, the revised agenda (where reports are prepared after the summons has been sent out, the designated officer shall make each such report available to the public as soon as the report is completed and sent to Councillors) will be open to inspection for the time the item was added to the agenda. 6. SUPPLY OF COPIES The Council will supply copies of: (a) any agenda and reports which are open to public inspection; (b) any further statements or particulars necessary to indicate the nature of the items in the agenda; and (c) if the Chief Executive thinks fit, copies of any other documents supplied to Councillors in connection with an item to any person on payment of a charge for postage and any other costs. 7. ACCESS TO MINUTES ETC AFTER THE MEETING The Council will make available copies of the following for six years after a meeting: (a) the minutes of the meeting, excluding any part of the minutes of proceedings when the meeting was not open to the public or which disclose exempt or confident information; (b) a summary of any proceedings not open to the public where the minutes open to inspection would not provide a reasonably fair and coherent record; (c) the agenda for the meeting; and (d) reports relating to items when the meeting was open to the public. 8. BACKGROUND PAPERS 8.1 List of background papers The Chief Executive will set out in every report a list of those documents (called background papers) relating to the subject matter of the report which in his/her opinion: (a) disclose any facts or matters on which the report or an important part of the report is based; and (b) which have been relied on to a material extent in preparing the report but does not include published works or those which disclose exempt or confidential information (as defined in Rule 10). 8.2 Public inspection of background papers The Council will make available for public inspection for four years after the date of the meeting one copy of each of the documents on the list of background papers. 9. SUMMARY OF PUBLIC’S RIGHTS A written summary of the public’s rights to attend meetings and to inspect and copy documents must be kept at and available to the public at the Council’s offices. 10. EXCLUSION OF ACCESS BY THE PUBLIC TO MEETINGS 10.1 Confidential Information – Requirement to exclude public The public must be excluded from meetings whenever it is likely in view of the nature of the business to be transacted or the nature of the proceedings that exempt information would be disclosed. Where the meeting will determine any person’s civil rights or obligations, or adversely affect their possessions, Article 6 of the Human Rights Act 1998 establishes a presumption that the meeting will be held in public unless a private hearing is necessary for one of the reasons specified in Article 6. 10.2 Exempt Information – Discretion to exclude public The public may be excluded from meeting whenever it is likely in view of the nature of the business to be transacted or the nature of the proceedings that exempt information would be disclosed. Where the meeting will determine any person’s civil rights or obligations, or adversely affect their possessions, Article 6 of the Human Rights Act 1998 establishes a presumption that the meeting will be held in public unless a private hearing is necessary for one of the reasons specified in Article 6. 10.3 Meaning of Confidential Information Confidential information means information given to the Council by a Government Department on terms which forbid its public disclosure of information which cannot be publicly disclosed by Court Order. 10.4 Meaning of Exempt Information Exempt information means information falling within the following 7 categories (subject to any condition): SCHEDULE: EXEMPT INF0RMATION (NB: Paragraph Numbers of the categories mirror those contained in Schedule 12A of the Local Government Act 1972) NOTE – All categories are subject to the application of a public interest test – see note at the end of this Schedule Category Condition 1 Information relating to any individual. 2 Information which is likely to reveal the identity of an individual. 3 Information relating to the financial or business affairs of any particular person (including the authority holding that information). Information is not exempt information if it is required to be registered under – (a) the Companies Act 1985; (b) the Friendly Societies Act 1974; (c) the Friendly Societies Act 1992; (d) the Industrial and Provident Societies Acts 1965 to 1978; (e) the Building Societies Act 1986; or (f) the Charities Act 1993 ‘financial or business affairs’ includes contemplated, as well as past or current, activities Category Condition ‘registered’ in relation to information required to be registered under the Building Societies Act 1986 means recorded in the public file of any building society (within the meaning of that Act) 4 Information relating to any consultations or negotiations, or contemplated consultations or negotiations, in connection with any labour relations matter arising between the Authority or a Minister of the Crown and employees of, or office holders under, the authority. ‘employee’ means a person employed under a contract of service ‘labour relations matter’ means – (a) any of the matters specified in paragraphs (a) to (g) of Section 218(1) of the Trade Union and Labour Relations (Consolidations) Act 1992 (matters which may be the subject of a trade dispute, within the meaning of that Act); or (b) any dispute about a matter falling within paragraph (a) above; and for the purposes of this definition the enactments mentioned in paragraph (a) above, with the necessary modifications, shall apply in relation to office-holders under the authority as they apply in relation to employees of the authority; ‘office-holder’, in relation to the Authority, means the holder of any paid office appointments to which are or may be made or confirmed by the authority or by any joint board on which the authority is represented or by any person who holds and such office or is an employee of the authority; 5 Information in respect of which a claim to legal professional privilege could be maintained in legal proceedings. 6 Information which reveals that the Authority proposes – (a) to give under any enactment a notice under or by virtue of which requirements are imposed on a person; or (b) to make an order or direction under any enactment Category Condition 7 Information relating to any action taken or to be taken in connection with the prevention, investigation or prosecution of crime. 7A Information relating to any action taken or to be taken in connection with the prevention, investigation or prosecution of crime. Applies to Standards Committee only 7B Information which relates in any way to matters concerning national security. Applies to Standards Committee only 7C The deliberations of a Standards Committee or of a sub-committee of a Standards Committee established under the provisions of Part 3 of the Local Government Act 2000 in reaching any finding on a matter referred under the provisions of Section 60(2) or (3), 64(2), 70(4) or (5) or 71(2) of that Act. Applies to Standards Committee only Generally Information is not exempt information if it relates to proposed development for which the local planning authority may grant itself planning permission pursuant to regulation 3 of the Town and Country Planning General Regulations 1992. Public Interest Test In respect of all the above categories, information is only exempt information if and so long as, in all the circumstances of the case, the public interest in maintaining the exemption outweighs the public interest in disclosing the information. The information falling within any of paragraphs 1-7 is not exempt by virtue of that paragraph if it relates to proposed development for which the local planning authority can grant itself planning permission under Regulation 3 of the Town and Country Planning General Regulations 1992. 11. EXCLUSION OF ACCESS BY THE PUBLIC TO REPORTS If the Chief Executive thinks fit, the council may exclude access by the public to reports which in his or her opinion relate to items during which, in accordance with Rule 10, the meeting is likely not to be open to the public. Such reports will be marked “Not for publication” together with the category of information likely to be disclosed. 12. ADDITIONAL RIGHTS OF ACCESS FOR MEMBERS 12.1 Material relating to previous business All members will be entitled to inspect any document which is in the possession or under the control of the committees and contains material relating to any business previously transacted at a private meeting unless it contains exempt information falling within paragraphs 1 to 7 of the categories of exempt information. 12.2 Nature of Rights These rights of a member are additional to any other right he/she may have. Budget and Policy Framework Procedure Rules 1. PROGRAMME SET BY COUNCIL The Council will be responsible for the adoption of its budget and policy framework as set out in Article 4. Once a budget or a policy framework is in place, it will be the responsibility of the policy committee to implement it. The process by which the budget and policy framework shall be developed is: (a) Each year the Council will agree a process for the development of the annual budget and policy framework. The programme will be widely published. Within this timetable each area committee will develop proposals for a budget and policy framework for the forthcoming year for their locality, having taken steps to consult residents and other stakeholders in that area. Their proposals will be presented to the Policy Committee. They will be sent to the chairs of the Overview Panel and any other Area Forums at the same time. (b) Once the proposal from the area committee, other policy committees and policy studies from the Overview Panel have been received, the Policy Committee will formulate corporate proposals. (c) The Policy and Overview Committees will make recommendations for any changes to the proposals to the Policy Committee. That committee will consider these recommendations and then submit its final proposal to full Council. Any other changes to the budget and policy framework are reserved to the Council. 2. DECISIONS OUTSIDE THE BUDGET OR POLICY FRAMEWORK (a) Subject to the provisions of paragraph 5 (virement) if any committee or persons wishes to make a decision which is contrary to the policy framework, or contrary to or not wholly in accordance with the budget approved by Full Council, then that decision may only be taken by the Council, subject to 3 below. (b) If committees, individual members and any officers, Area Forums want to make such a decision, they shall take advice from the Monitoring Officer and/or the Chief Financial Officer as to whether the decision they want to make would be contrary to the policy framework, or contrary to or not wholly in accordance with the budget. If the advice of either of those officers is that the decision would not be in line with the existing budget and/or policy framework, then the decision must be referred by that body or person to the Council for decision, unless the decision is a matter of urgency, in which case the provisions in paragraph 3 (urgent decisions outside the budget and policy framework) shall apply. 3. URGENT DECISIONS OUTSIDE THE BUDGET OR POLICY FRAMEWORK (a) A Committee, an individual member or senior officers may take a decision which is contrary to the Council’s policy framework or contrary to or not wholly in accordance with the budget approved by full Council if the decision is a matter or urgency. (i) if it is not practical to convene a quorate meeting of the full Council; and (ii) if the Chairman of a relevant Committee and the Chairman of Policy agrees that the decision is a matter of urgency. (b) The reasons why it is not practical to convene a quorate meeting of full Council and the chairman of the relevant Committees’ consent to the decision being taken as a matter of urgency must be noted on the record of the decision. In the absence of the chairman of a relevant committee the consent of the Leader of the Council, and in the absence of both the Deputy Leader will be sufficient. (c) Following the decision, the decision taker will provide a full report to the next available Council meeting explaining the decision, the reason for it and why the decision was treated as a matter or urgency. 4. VIREMENT (a) Steps taken by a committee an individual member or officers, Area Forums shall not exceed those budgets allocated to each budget head. However, such bodies or individuals shall be entitled to vire across budget heads subject to the following constraints. (b) Virement is permitted between budgets for revenue and capital expenditure up to a maximum of £5,000, with the approval of the Director of Resources. The transfer of revenue budgets will exclude those relating to employees, recharges, capital charges and income. (c) Beyond the above limits, any virement across budget heads shall require the approval of the Council. 5. IN-YEAR CHANGES TO POLICY FRAMEWORK The responsibility for agreeing the budget and policy framework lies with the Council, and decisions by policy committee or officers with delegated authority must be in line with it. No changes to any policy and strategy which make up the policy framework may be made by those bodies or individuals except those changes: (a) which will result in the closure or discontinuance of a service or part of service to meet a budgetary constraint; (b) necessary to ensure compliance with the law, ministerial direction or government guidance; (c) in relation to the policy framework in respect of a policy which would normally be agreed annually by the Council following consultation, but where the existing policy document is silent on the matter under consideration; (d) which will result in the settlement of costs awarded against the Council or tribunal or court action or threat of action in any matter which, if not settled, would put the council at real risk of greater prejudice. Overview Panel Procedure Rules 1. WHAT WILL BE THE NUMBER AND ARRANGEMENTS FOR OVERVIEW PANELS? The Council will have one Overview Panel set out in Article 6 and will appoint to them as it considers appropriate from time to time. Such Panels may appoint Sub-Panels or task groups. Overview Panels may also be appointed for a fixed period, on the expiry of which they shall cease to exist. 2. MEMBERS OF OVERVIEW PANELS All Councillors may be members of a Overview Panel from time to time. However, no member may be involved in scrutinising a decision which he/she has been directly involved. 3. CO-OPTEES Overview Panels and any Sub-Panels or working parties or groups set up by Overview Panels shall not co-opt persons who are not Councillors but may invite representatives from any body or organisation or any individual to attend meetings to give their views. 4. MEETINGS OF THE OVERVIEW PANELS There shall be at least 5 ordinary meetings of each Overview Panel in each year. In addition, extraordinary meetings may be called from time to time as and when appropriate. The Chairman of the relevant Overview Panel may call a Overview Panel meeting, by 3 members of the Panel or by the Chief Executive if he/she considers it necessary or appropriate. 5. QUORUM (a) If during any meeting the Chair, after counting the number of Members present, declares that there is not a quorum present, the meeting shall stand adjourned. The consideration of any business not transacted shall be adjourned to a time fixed by the Chair at the time the meeting is adjourned or, if he does not fix a time, to the next ordinary meeting of the Council, Committee or Panel as the case may be. (b) The quorum for any meeting shall be set at one quarter of all Members who have the right to vote at that meeting, provided that no business shall be transacted at any meeting if less than three persons entitled to vote are present. 6. WHO CHAIRS OVERVIEW PANEL MEETINGS The Chairman and Vice-Chairman of the Overview Panels/Sub-Panels will be drawn from among the Councillors sitting on the Panels/Sub-Panels, and subject to this requirement the Panel-Sub-Panel may appoint such a person as it considers appropriate as Chairman or Vice-Chairman. The Chairman or other person presiding, in the event of a voting tie, shall have a second or casting vote. The composition of panels and sub panels will be determined at the AGM each year. 7. WORK PROGRAMME The Overview Panel/Sub-Panels will be responsible for setting their own work programme and in doing so they shall take into account wishes of all members of that Panel. Any member of the Council may give written notice to the Chief Executive that he or she wishes an item to be included on the agenda of the relevant Overview Panel. If the Chief Executive receives such a notification, then he/she will include the item on the first available agenda of the relevant Overview Panel for consideration by the Panel. The Overview Panels shall also respond, as soon as their work programme permits, to requests from the Council to review particular areas of Council activity. Where they do so, the Overview Panel shall report their findings and any recommendations back to the Council. The Council shall consider the report of the Overview Panel as soon as reasonably practicable after receiving it. 8. POLICY REVIEW AND DEVELOPMENT (a) The role of the Overview Panels in relation to the development of the Council’s budget and policy framework is set out in detail in the Budget and Policy Framework Procedure Rules. (b) In relation to the development of the Council’s approach to other matters not forming part of its policy and the budget framework, Overview Panels or Sub-Panels may make proposals to policy committees for developments in so far as they relate to matters within their terms of reference. (c) Overview Panels may hold enquiries and investigate the available options for future direction in policy development and may appoint advisers and assessors to assist them in the process. They may go on site visits, conduct public surveys, hold public meetings, commission research to do all other things that they reasonably consider necessary to inform their deliberations. 9. REPORTS FROM OVERVIEW PANELS (a) Once it has formed recommendations on proposals for development, the Overview Panel will prepared a formal report and submit it to the Chief Executive for consideration by the Policy Committee (if the proposals are consistent with the existing budgetary and policy framework), or to the Council as appropriate (e.g. if the recommendation would require a departure from, or a change to, the agreed budget and policy framework). (b) If a Overview Panel cannot agree on one single final report to the Council or the relevant policy committee as appropriate, one or more minority reports may be prepared and submitted for consideration by the Council or policy committee with the majority report. (c) The Council or policy committee shall consider the report of the Overview Panel as soon as reasonably practicable. 10. MAKING SURE THAT OVERVIEW REPORTS FROM OVERVIEW PANELS ARE CONSIDERED BY THE RELEVANT POLICY COMMITTEE (a) The agenda for a policy Committee meeting shall include an item entitled “Issues arising from Overview Panels”. The reports of Overview Panels referred to the policy committee shall be included at this point in the agenda (unless they have been considered in the context of the policy committee’s deliberations on a substantive item on the agenda) within two months of the Overview Panel completing its report/recommendations. (b) Once a Overview Panel has completed its deliberations on any matter it will forward a copy of its final report to the Chief Executive who will allocate it to the Council for consideration, according to whether the contents of the report would have implications for the Council'’ budget and policy framework. If the Chief Executive refers the matter to Council, he/she will also serve a copy on the Leader with notice that the matter is to be referred to Council. The Policy Committee will have 3 weeks in which to respond to the Overview report, and the Council shall not consider it within that period. When the Council does meet to consider any referral from Overview Panel on a matter which would impact on the budget and policy framework, it shall also consider the response of the Policy Committee to the Overview Panel proposals. 11. RIGHTS OF OVERVIEW PANEL MEMBERS TO DOCUMENTS (a) In addition to their rights as Councillors, members of Overview Panels have the additional right to documents, and to notice of meetings as set out in the Access to Information procedure Rules in Part 4 of this Constitution. (b) Nothing in this paragraph prevents more detailed liaison between the relevant Policy Committee as appropriate depending on the particular matter under consideration. 12. MEMBERS AND OFFICERS GIVING ACCOUNT (a) Any Overview Panel or Sub-Panel may scrutinise and review decisions made or actions taken in connection with the discharge of any Council functions. As well as reviewing documentation, in fulfilling the Overview role, it may require the Chairman of a Policy Committee,, the Head of Paid Service and/or any Chief Officer or Deputy Chief Officer to attend before it to explain in relation to matters within their remit: (i) any particular decision or series of decisions; (ii) the extent to which the actions taken implement Council policy; and/or (iii) their performance and it is the duty of those persons to attend if so required. (b) Where any member or officer is required to attend a Overview Panel under this provision, the Chairman of that committee will inform the Proper Officer. The Proper Officer shall inform the member or officer in writing giving at least [7] working days notice of the meeting at which he/she is required to attend. The notice will state the nature of the item on which he/she is required to attend to give account and whether any papers are required to be produced for the committee. Where the account to be given to the committee will require the production of a report, then the member or officer concerned will be given sufficient notice to allow for preparation of that documentation. (c) Where, in exceptional circumstances, the member or officer is unable to attend on the required date, then the Overview Panel shall in consultation with the member or officer arrange an alternative date for attendance. 13. ATTENDANCE BY OTHERS An Overview Panel may invite people other than those people referred to in paragraph 14 above to address it, discuss issues of local concern and/or answer questions. It may for example wish to hear from residents, stakeholders and members and officers in other parts of the public sector and shall invite such people to attend. The public has a limited right to speak at open meetings of Overview Panels as set out in the Access to Information Rules. 14. CALL-IN BY OVERVIEW PANELS Call-in should only be used in exceptional circumstances. This is where members of the appropriate Overview Panel have evidence which suggest that any Policy Committee did not take the decision in accordance with the principles set out in Article 13 (Decision Making) or the decision is not in accordance with the budget and policy framework. In respect of calling-in decisions outside the budget and policy framework there are also particular provisions set out in the Budget and Policy Framework Rules which should be read with the following provisions. (a) When a decision is made by a Policy Committee or an area committee or under joint arrangements, the decision shall be published, including where possible by electronic means, and shall be available at the main offices of the Council normally within 5 days of being made. All Members of the Council will be sent copies of the records of all such decision within the same timescale by the person responsible for publishing the decision. (b) That notice will bear the date on which it is published and will specify that the decision will come into force, and may then be implement, on the expiry of 5 working days after the publication of the decision, unless a Overview Panel or any 5 Councillors object to it and request that the Chief Executive calls it in. (c) During that period, the Chief Executive shall call-in a decision for Overview by the committee or forum if so requested by the Chairman of the committee or any five Councillors, whether or not they are members of the committee, and shall then notify the decision-taker of the call-in. He/she shall, within 5 working days of the decision to call-in, call a meeting of the relevant committee on such date as he/she may determine, where possible after consultation with the Chairman of the committee. (d) If, having considered the decision, the Overview Panel is still concerned about it, or if it is a call-in prompted by the request of 5 Councillors and the relevant committee is concerned about it, then it may refer the decision back to the decision making person or body for reconsideration, setting out in writing the nature of its concerns or refer the matter to full Council. If referred to the decision maker they shall then reconsider within a further 7 working days, amending the decision or not, before adopting a final decision. (e) If following an objection to the decision, the relevant Overview Panel does not meet in the period set out above, or does meet but does not refer the matter back to the decision making person or body, the decision shall take effect on the date of the Overview Panel meeting, or the expiry of that further 5 working day period, whichever is the earlier. (f) If the matter was referred to full Council and the Council does not object to a decision which has been made, then no further action is necessary and the decision will be effective in accordance with the provision below. However, if the Council does object, it has no locus to make decisions in respect of a Policy Committee decision unless it is contrary to the policy framework, or contrary to or not wholly consistent with the budget. Unless that is the case, the Council will refer any decision to which it objects back to the decision making person or body, together with the Council’s views on the decision. That decision making body or person shall choose whether to amend the decision or not before reaching a final decision and implementing it. Where the decision was taken by a Policy Committee, a meeting will where possible, be convened to reconsider within 14 working days of the Council request. (g) If the Council does not meet, or if it does but does not refer the decision back to the decision making body or person, the decision will become effective on the date of the Council meeting or expiry of the period in which the Council meeting should have been held, whichever is the earlier. (h) Where a decision has been taken by an area committee, then the right of call-in shall extend to any 4 members of another area committee if they are of the opinion that the decision made but not implemented will have an adverse effect on the area to which their committee relates. In such cases, those 4 members may request the Chief Executive to call-in the decision. He/she shall call a meeting of the relevant Overview Panel on such a date as he/she may determine, where possible after consultation with the Chairman of the committee, and in any case within 5 days of the decision to call-in. All other provisions relating to call-in shall apply as if the call-in had been exercised by members of a relevant Overview Panel. Call-in and Urgency (i) The call-in procedure set out above shall not apply where the decision being taken by the Policy Committee is urgent. A decision will be urgent if any delay likely to be caused by the call-in process would seriously prejudice the Council’s or the public’s interests. The record of the decision, and notice by which it is made public shall state whether in the opinion of the decision making person or body, the decision is an urgent one, and therefore no subject to call-in. the Chairman of the Council must agree both that the decision proposed is reasonable in all the circumstances and to it being treated as a matter of urgency. In the absence of the Chairman the Vice Chairman’s consent shall be required. In the absence of both, the Head of Paid Service or his/her nominee’s consent shall be required. Decisions taken as a matter of urgency must be reported to the next meeting of the Council, together with the reasons for urgency. (ii) The operation of the provisions relating to call-in and urgency shall be monitored annually, and a report submitted to Council with proposals for review if necessary. 15. PROCEDURE AT COMMITTEE MEETINGS (a) Overview Panels and Sub-Panels shall consider the following business; (i) minutes of the last meeting; (ii) declarations of interest (including whipping declarations); (iii) consideration of any matter referred to the committee for a decision in relation to call-in of a decision; (iv) responses of the executive to reports of the Overview Panel; and (v) the business otherwise set out on the agenda for the meeting. (b) be conducted in accordance Where the Overview Panel conducts investigations (e.g. with a view to policy development), the committee may also ask people to attend to give evidence at committee meetings which are to with the following principles: (i) that the investigation be conducted fairly and all members of the committee be given the opportunity to ask questions of attendees, and to contribute and speak; (ii) that those assisting the Panel by giving evidence be treated with respect and courtesy; and (iii) that the investigation be conducted so as to maximise the efficiency of the investigation or analysis. (c) Following any investigation or review, the Panel or Sub-Panel shall prepare a report, for submission to the Policy Committee and/or Council as appropriate and shall make its report and findings public. 16. Guidelines for Members of the Public wishing to speak at Overview Panel Meetings 1. For administrative reasons, you must normally notify the Legal & Administration Section of your wish to speak by 5.00 p.m. on the day prior to the meeting. If you require an answer to a specific question, it would also be helpful if you could notify the Legal & Administration Section of your question as soon as possible. 2. You may speak on any matter relating to the Overview Panel’s area of responsibility, subject to (3) below. If your question or statement is of a general nature, you will be asked to speak at the beginning of the meeting. If your question or statement relates to a specific agenda item, you may choose to speak either at the beginning of the meeting, or when this agenda item is considered. 3. There are certain issues that you will not be permitted to raise. These include the competence or performance of a Councillor or officer, and any matter normally considered ‘confidential’. You are also warned against making any abusive or libellous comments. 4. You must make it clear whether you are speaking as a private individual or as a representative of an organisation. 5. If any clarification of what you have said is required, the Chairman of the Committee will have the discretion to allow Councillors to ask you questions. 6. You will not be permitted to participate in subsequent discussion and will not be entitled to vote. 7. A maximum of fifteen minutes will be set aside at the beginning of the meeting for general questions and statements. A maximum of ten minutes will be allowed for public questions and statements on any specific agenda item. 8. Individual speakers will be permitted to speak for a maximum of five minutes. 9. If you raise a specific question, you will usually receive a response either from the Chairman of the Committee or an officer nominated by them. On occasion, the Chairman may decide that a written response should be sent after the meeting, or that a response should not be given, for example if the question concerns legal proceedings involving the Council. 10. The Chairman will always have the right to vary the process, if in his/her judgement special circumstances justify an exception. The meeting will proceed if you have asked to speak but do not appear. Financial Procedure Rules FINANCIAL REGULATIONS – INDEX APPENDIX C FINANCIAL REGULATIONS – INDEX Financial Regulation No General…………………………………………………….. 1 Budgets, Capital and Revenue………………………….. 2 Accounting…………………………………………………. 3 Imprest, Petty Cash and cash float accounts…………… 4 Audit…………………………………………………………. 5 Banking Arrangements and cheques……………………. 6 Contracts for building, construction or Engineering works…………………………………………. 7 Terrier……………………………………………………….. 8 Income………………………………………………………. 9 Insurances………………………………………………….. 10 Inventories………………………………………………….. 11 Treasury Management …………….……………………… 12 Orders for work, goods and services……………………. 13 Payments of accounts…………………………………….. 14 Protection of private property…………………………….. 15 Salaries, wages and other emoluments…………………. 16 Security……………………………………………………… 17 Stocks and stores………………………………………….. 18 Travelling, subsistence and allowances…………………. 19 1. General 1.1 For the purpose of Section 151, Local Government Act 1972 and Section 114 (1) of the Local Government Finance Act 1988, the Director of Resources is the officer designated to have the responsibility for the proper administration of the financial affairs of the council. 1.2 Each Chief Officer shall consult the Management Team with respect to any matter within his/her purview which is liable materially to affect the financial of the council before any provisional or other commitment is incurred. Before being reported to Committee the Director of Resources shall be given the opportunity to submit a report on the matter in question. 1.3 References in the regulations to Management Team is to a meeting of the following Chief Officers or an officer delegated to act in his/her absence, e.g. Chief Executive Director of Resources Director of Community Services Director of Development and Consumer Services 1.4 The Director of Resources will have the duty, and without prejudice, to ensure that no payment that is unlawful or ultra vires is made. 1.5 The Policy Committee may waive compliance with any of the regulations in a particular case or in any particular class of case, except for Regulation 1.4 above. 1.6 If a case of emergency necessitates the non-compliance with Financial Regulations the exception so made shall be sanctioned by the Chief Executive in consultation with Chair and Vice Chair of the Policy Committee, or in his/her absence, by a meeting of the Management Team, and shall be subsequently reported to the Policy Committee. 1.7 Application Every Committee and employee of this council, or other persons acting on behalf of the council, shall comply with these regulations and with any additional regulations and amendments made from time to time by the council, upon the recommendation of the Policy Committee. These regulations and copies of Standing Orders relating to Contracts, shall be supplied to private Architects, Quantity Surveyors, Engineers and Consultants on appointment by the Borough Council. 1.8 Delegated Powers A List of Chief Officers delegated powers shall be maintained by the Chief Executive. Any such delegated powers shall be operated in accordance with the Financial Regulations. 1.9 Revision of Financial Limits Financial limits contained in these regulations will be automatically reviewed annually on the 1st April by Policy Committee and may be adjusted at the discretion of the Director of Resources. 1.10 In these regulations when reference is made to a requirement that a document should be signed by a Chief Officer, it infers that this requirement, unless otherwise stated, can be delegated by the Chief Officer to another officer so long as the Director of Resources is informed immediately of this delegation, accompanied by the signature and initials of the officer concerned. The Director of Resources shall maintain a record of all such signatures. 1.11 A Financial Regulation requiring a resolution of the Management Team means one so recorded at which all Chief Officers were represented. 2. BUDGET 2.1 The detailed form of capital and revenue estimates shall be determined by the Director of Resources, consistent with the general directions of the Policy Committee and after consultation with the Management Team. 2.2 It shall be the duty of the Director of Resources in consultation with the appropriate Chief Officers, as and when required, to prepare and present annually to each Committee:- (a) A review of the Borough’s charges; (b) The estimate of future annual income and expenditure on Revenue Account. Annual revenue budgets shall in general be confined to items consequent upon and in accordance with decisions approved by the Council or a Committee under delegated powers; (c) The estimates of future annual receipts and payments on capital account, together with an associated capital programme. 2.3 After consideration by Committee the Director of Resources shall collate such estimates and charges as approved and report to the Policy Committee thereon, such report to include financial implications. 2.4 The Policy Committee may refer estimates back to the appropriate spending Committee for amendment on the grounds of economy or otherwise, but in the event of dispute as to the inclusion or variation of any item in such estimates the matter shall be determined by the Council. 2.5 The Policy Committee shall consider the estimates of the various Committees and present them to the council with such summaries, observations and recommendations thereon as it may deem desirable. 2.6 No new expenditure shall be committed prior to the approval of the annual budget unless agreed in advance by the Policy Committee. 2.7 On the approval of annual estimates by the council, the appropriate Chief Officer shall be responsible to the Director of Resources for ensuring that all income is received and that expenditure is not exceeded, and for their assistance the Director of Resources shall furnish each Chief Officer, as appropriate, with a periodical statement of receipts and payments under each head of approved estimate and such other relevant information as the Chief Officer concerned may require after consultation with the Director of Resources. 2.8 Revised estimates compared with the original estimates for the current year shall be submitted to Committee at the same time and following the same procedure as estimates for the following year. Once approved these amounts replace the original estimates. Committees shall not act in anticipation of approval of any revision of estimates. 2.9 Approval of any capital proposal in accordance with Financial Regulation 2.5 shall constitute authority to the Director of Resources to raise such loans as are necessary to finance the project subject to this being within the allocation set by Central Government. 2.10 The Policy Committee shall recommend to the Council:- (i) the amount required from the Collection Fund for Borough Council purposes; (ii) the Council Tax for District purposes for the coming financial year. Revenue 2.11 Whenever it is proposed to introduce, revise or discontinue a scale of charges, the Director of Resources shall be consulted before the proposal is submitted to the Committee concerned. 2.12 For new items of expenditure not included in approved estimates or where it appears that the amount of any head of estimate may be exceeded by £500 or 5% or the amount of any such head of approved income may not be reached, it shall be the duty of the Chief Officer concerned after consultation with the Director of Resources, or of the Director of Resources as the case may require, to inform the appropriate Committee. The spending Committee must then refer this matter to the Policy Committee with a proposal on how it should be financed. Approval of the council is required for a supplementary estimate. No excess expenditure shall be incurred before approval is received other than in cases of emergency when Financial Regulation 1.5 shall apply. 2.13 The Director of Resources shall report to each Committee the outturn figures for the preceding financial year and draw attention to any major departures from budget and/or matters of importance as soon as practicable after the end of that year. Capital 2.14 Committees may amend their capital programmes with the approval of the Policy Committee. Urgent amendments which arise between meetings of the Policy Committee may be approved by the Chairman and Vice-Chairman and reported to the next meeting. 2.15 Capital projects included within the provision contained in any programme year may be commenced on or after the planned date for start, without further approval beyond that of the appropriate Committee and, if necessary, Government Department. Commencement before the planned programme year shall be approved by the Policy Committee. 2.16 The inclusion of any capital proposal in the programme does not commit the council to such expenditure, but upon the programme being approved by the council the Chief Officer concerned shall be authorised to :- (a) Take steps to enable land required for the purpose of the programme to be acquired in due time; and (b) Prepare a scheme and estimates including associated revenue expenditure for approval by the appropriate Committee. 2.17 No Committee shall incur capital expenditure on any new project without first receiving and approving a detailed report from the appropriate Chief Officer showing the purpose for which the expenditure is to be incurred and stating the estimated expenditure and income on revenue account which it is anticipated will arise as a result of such capital expenditure (a) for each financial year during the construction of the works, and (b) upon the completion of the works. In the case of any capital work or project the expenditure on which it is expected to extend over more than one financial year, the estimate shall show (a) the total estimated expenditure, and (b) the amount proposed to be expended during the ensuing financial year. 2.18 If in respect of any capital project the sum approved in the current capital programme is likely to be exceeded, prior approval of the appropriate spending Committee and the Policy Committee shall be obtained if the excess is likely to be more than 5%. Smaller excesses shall be approved and reported by the Chief Officer to the Policy Committee. 3. ACCOUNTING 3.1 The Director of Resources shall be responsible for:- (i) Keeping proper accounts of the Council’s financial transactions in accordance with current legislation; (ii) Preparing the annual Statement of Accounts for approval by the Policy Committee; and (iii) Preparing and submitting all financial returns, reports and statistics to meet both Council and Statutory requirements. 3.2 All accounting procedures and accounting records of the council and its officers shall be determined by the Director of Resources. Where such procedure and records are maintained in a department other than that of the Director of Resources he shall, before making any determination, consult the Chief Officer of the department concerned. 3.3 All accounts and accounting records of the council shall be compiled by the Director of Resources or under his/her direction. 3.4 The following principles shall be observed in the allocation of accounting duties :- (a) The duties providing information regarding sums due to or from the council and of calculating, checking and recording these sums shall be separated as completely as possible from the duty of collecting or disbursing them; (b) Officers charged with the duty of examining and checking the accounts of cash transactions shall not themselves be engaged in any of those transactions. 3.5 The Director of Resources shall be responsible for providing all financial management information to Committee and Chief Officers and shall supply periodically such statements as may reasonably be required. 4. IMPREST, PETTY CASH AND CASH FLOAT ACCOUNTS 4.1 The Director of Resources shall provide such advance accounts as he/she considers appropriate for such officers of the council as may need them for the purposes of defraying petty cash and other expenses. Such accounts shall be maintained in the Imprest system. 4.2 The balance of cash held and maximum payment permissible from these accounts shall be determined by the Director of Resources from time to time. 4.3 No income received on behalf of the council may be paid into an advance account but must be banked or paid to the Authority as provided elsewhere in these regulations. 4.4 Payments shall be limited to minor items of expenditure and shall be supported by a receipted voucher in the form that the Director of Resources may require. 4.5 The Director of Resources shall provide such floats as he/she considers appropriate for such officers of the council as may need them for the purpose of receiving monies due to the council. 4.6 An officer responsible for an advance or float shall every 31st March and also at other times as the Director of Resources requests, provide the Director of Resources with a certificate as to the balance held. 4.7 Prior to leaving the employment of the council or otherwise ceasing to be entitled to hold an advance or float, the officer shall immediately account for the amount advanced to him, and repay any balance of cash. 5. AUDIT 5.1 A continuous internal audit, under the independent control and direction of the Director of Resources shall be arranged to carry out an examination of accounting financial and other operations of the council and make such checks and tests as he/she deems necessary. 5.2 The Internal Auditor shall have the right to report direct to the Chief Executive in any case he considers necessary. 5.3 The Director of Resources or his/her authorised representative shall have authority to :- (a) Enter at all reasonable times on any council premises or land; (b) Have access to all records, documents and correspondence relating to any financial and other transactions of the council; (c) Require and receive such explanations as are necessary concerning any matter under examination; (d) Require any employee of the council to produce cash, stores or any other council property under his control. 5.4 Whenever any matter arises which involves, or is thought to involve, irregularities concerning cash, stores or other property of the council or suspected irregularity in the exercise of the function of the council, the Chief Officer of the department concerned shall forthwith notify the Director of Resources who shall take such steps as he/she considers necessary by way of investigation. If any irregularity is found the Director of Resources shall report to the Chief Executive Officer who in conjunction with the Director of Resources and the Chief Officer concerned shall take such action as is appropriate. 6. BANKING ARRANGEMENTS AND CHEQUES 6.1 All arrangements with the council’s bankers shall be made by the Director of Resources, who shall be authorised to operate such banking accounts as he/she may consider necessary. All accounts shall include in its title “Oadby and Wigston Borough Council”. 6.2 All cheques shall be ordered only on the authority of the Director of Resources, who shall make proper arrangements for the safe custody of blank cheques and the preparation, signing and despatch of cheques. 6.3 Cheques drawn on the councils main banking accounts shall bear the facsimile signature of the Director of Resources. Cheques and or other instruments of payment drawn on the Council'’ Bank Accounts equal to or in excess of the sum of £5000.00 shall bear the facsimile signature of the Director of Resources and one other officer authorised to do so. 6.4 The Policy and Resources Committee shall, from time to time, review the charges made for the keeping of the various bank accounts and shall report thereon to the council. 6.5 The Director of Resources shall make proper arrangements for all the Council’s bank accounts to be independently reconciled and ensure that this is undertaken on a regular basis. 7. CONTRACTS FOR BUILDING, CONSTRUCTIONAL OR ENGINEERING WORK 7.1 Where contracts provide for payment by instalments, the Director of Resources shall arrange for the keeping of the contract register to show the state of account on each contract between the council and contractor, together with any other payments and the related professional fees. For this purpose the Solicitor of the council shall render to the Director of Resources such information as is required relating to all contracts as soon as possible after execution. 7.2 Except after consultation with the Chief Executive, an officer shall not authorise work to be commenced or goods to be supplied where such work or goods are to be the subject of a formal contract entered into between the council and the contractor, until the Solicitor of the Council has advised such officer that the contract has been signed by the contractor. 7.3 Payment to contractors in respect of all contracts shall be authorised only by a certificate signed by the person made responsible by the contract for issuing such certificates (“the certifying officer”). In the case of private architects, quantity surveyors, engineers or consultants, certificates shall be countersigned as to validity by the appropriate Chief Officer who appointed them. The certifying officer shall be responsible for the correct certification of all aspects of contract payments. 7.4 Every extra or variation on a contract shall be authorised in writing by the certifying officer and shall specify the basis of the charge. This authorisation shall be issued before the work is carried out, or in the case of an emergency immediately thereafter. A copy of all such variations shall be forwarded to the Solicitor of the council. 7.5 Where any extras or variations exceed the amount of the accepted tender by the greater of 5% of the tender either individually or taken cumulatively with previously authorised extras or variations, the prior approval of the appropriate Committee shall be obtained. Where the extras or variations have to be dealt with as an emergency, the work shall be carried out in accordance with Regulation 1.5 and reported to the appropriate Committee as soon as practicable. 7.6 The final sum due under any contract shall not be certified for payment until the appropriate Chief Officer or the case may be in Regulation 7.3 above has produced to the Director of Resources a detailed statement of account, all relevant documents, and has received the Director of Resource’s agreement to issue the final certificates. 7.7 The Director of Resources shall, to the extent he/she considers necessary, examine the final and any interim accounts for contracts and he/she shall be entitled to make all such enquiries and receive such information and explanations as he/she may require in order to satisfy himself/herself as to the accuracy of the accounts. 7.8 Claims from contractors in respect of matters not clearly within the terms of any existing contract shall be referred to the Solicitor of the council for consideration of the councils legal liability before a settlement is reached. The Director of Resources shall be informed of the amount of such claims before final settlement to enable him to consider the financial implications. 7.9 Where completion of a contract is delayed beyond the contract period, without prior approval, it shall be the duty of the appropriate Chief Officer concerned to take appropriate action in respect of any claim for liquidated damages and to report his action to the Committee concerned. 7.10 In any case where the total cost of any work carried out under contract varies by more than 5% of the approved contract sum, a report of such cost shall, after agreement of the final account, be submitted to the appropriate Committee. 7.11 Work carried out by any in-house trading unit must conform to the terms of any legislation on competitive tendering. Chief Officers should supervise the work and approve payments to the in-house contractor strictly under the terms of the agreement as they would any external contractor. 8. TERRIER 8.1 The Director of Resources will maintain a terrier of all properties owned by the council (except dwellings provided by the Housing Acts) recording the holding Committee, purpose for which it is held, location, extent and place reference, purchase details, particulars of nature of interest and rents payable and particulars of tenancies granted. 8.2 The Head of Legal to the council shall be responsible for the custody of all title deeds and appropriate documents. 8.3 Discretionary acquisitions and disposals not otherwise authorised under any delegation shall be submitted for approval by the Council on the recommendation of the Policy Committee. 9. INCOME 9.1 The collection of all monies due to the council shall be under the supervision of the Director of Resources. 9.2 Each Chief Officer shall furnish the Director of Resources with such particulars in connection with work done, goods supplied or services rendered and of all other amounts due as may be required by him/her to record correctly all sums due to the council and to ensure the prompt rendering of accounts for the recovery of income due. 9.3 The Director of Resources shall be notified promptly of all monies due to the council and of contracts, leases and other agreements entered into which involve the receipt of monies by the council and the Director of Resources shall have the right to inspect any documents or other evidence in this connection as he may decide. 9.4 All receipt forms, books, tickets and other such documents shall be ordered, controlled by and issued by the Director of Resources. Every issue of any such document shall be authorised by the Chief Officer of the department concerned and acknowledged by the signature of the employee receiving the document. 9.5 No employee or agent shall give a receipt for money received on behalf of the council on any form other than an official receipt form, unless authorised by the Director of Resources. 9.6 All monies received by an officer on behalf of the council shall be paid promptly to the Director of Resources or, as he/she may direct, to one of the council’s bank accounts. No deduction may be made from such money save to the extent that the Director of Resources may specifically authorise. Each officer who so banks money shall enter on the paying in slip a reference to the related debt (such as the receipt number or the name of the debtor) or otherwise indicate the origin of the cheque. On each cheque, the officer shall enter the receipt number or other identifying details. 9.7 Personal cheques shall only be cashed at the council’s central collection office and under authorisation of the Director of Resources. Postal orders, personal or other cheques shall not be cashed for any other monies held. 9.8 Every transfer of official monies from one member of staff to another will be evidenced in the records of the department concerned by the signature of the receiving officer. 9.9 Where any sum is irrecoverable the Director of Resources may authorise the sum to be written off provided the sum does not exceed £500.00 Sums in excess of £500.00 but not greater than £2000.00 may be written off by the Director of Resources in consultation with the Chair of Policy and Resources Committee. All proposed write-offs which exceed £2000.00 will be submitted to the Policy and Resources Committee for authorisation. 10 INSURANCE 10.1 The Director of Resources shall effect all insurance cover and negotiate all claims in consultation with other chief officers where necessary, under any guidelines that may be made by the Policy Committee. 10.2 Chief Officers shall give prompt notification to the Director of Resources of all new risks, properties or vehicles which require to be insured and of any alteration effecting existing insurances. 10.3 Chief Officers shall forthwith notify the Director of Resources of any loss, liability or damage or any event likely to lead to a claim, and inform the police if appropriate. 10.4 All appropriate employees of the council shall be included in a suitable fidelity guarantee insurance. 10.5 The Director of Resources shall annually or at such other period as he/she may consider necessary, review all insurances in consultation with other Chief Officers as appropriate. 10.6 Chief Officers shall consult the Director of Resources and the Solicitor of the Council respecting the terms of any indemnity which the council is requested to give. 11 INVENTORIES 11.1 Inventories shall be maintained by all departments and therein shall be recorded an adequate description of furniture, fittings and equipment, plant and machinery. At 31st March each year a certified copy of the inventory shall be forwarded to the Director of Resources. 11.2 Each Chief Officer shall be responsible for taking action in relation to surpluses or deficiencies and noting the inventory accordingly. 11.3 The council’s property shall not be removed otherwise than in accordance with the ordinary course of the council’s business or otherwise than for the council’s purpose except in accordance with specific directions issued by the Chief Officer concerned. 12 TREASURY MANAGEMENT 12.1 This organisation adopts the key recommendations of CIPFA’s Treasury Management in the Public Services: Code of Practice ( the Code), as described in Section 4 of that Code. 12.2 Accordingly, this organisation will create and maintain, as the cornerstones for effective treasury management: - a treasury management policy statement, stating the policies and objectives of its treasury management activities - suitable treasury management practices (TMPs) setting out the manner in which the organisation will seek to achieve those policies and objectives, and prescribing how it will manage and control those activities. 12.3 The content of the policy statement and TMPs will follow the recommendations contained in Sections 6 and 7 of the Code, subject only to amendment where necessary to reflect the particular circumstances of this organisation. Such amendments will not result in the organisation materially deviating from the Code’s key recommendations. 12.4 This Council will receive reports on its treasury management policies, practices and activities, including as a minimum, an annual strategy and plan in advance of the year, and an annual report after its close, in the form prescribed in its TMPs. 12.5 This Council delegates responsibility for the implementation and monitoring of its treasury management policies and practices to the Director of Resources, and for the execution and administration of treasury management decisions to the Director of Resources, who will act in accordance with the organisation’s policy statement and TMPs and, if he/she is a CIPFA member, CIPFA’s Standard of Professional Practice on Treasury Management. 12.6 All investments of money under its control shall be made in the name of the Council or in the name of nominees approved by the Policy Committee. 12.7 All borrowings shall be effected in the name of the council. 12.8 The Director of Resources shall be the council’s registrar of stocks, bonds and mortgages and shall maintain all records relating thereto. 12.9 All trust funds shall, wherever possible, be in the name of the council. 12.10 All officers acting as trustees by virtue of their official position shall deposit all securities etc. relating to the trust with the Director of Resources unless the deed otherwise provides. 13 ORDERS FOR WORK, GOODS AND SERVICES 13.1 Official orders shall be in a form approved by the Director of Resources and are to be authorised electronically or otherwise by officers identified by the appropriate chief officer who shall be responsible for official orders issued from his department. 13.2 Official orders shall be issued for all work, goods or services to be supplied to the council except for supplies of public utility services, for periodical payments such as rent or rates, for petty cash purchases or such exceptions as the Director of Resources approves. 13.3 Official order forms shall only be supplied by the Director of Resources and the Chief Officer shall be responsible for the validity of all orders issued and for the control and safe custody of all official order books issued to him. 13.4 The duties of ordering goods, receiving goods and certifying accounts for payment shall not be performed by one officer (subject to the Director of Resources being informed where such a division of duties is not possible). 13.5 Each order shall conform to any directions of the Policy Committee with respect to central purchasing and the standardisation of supplies and materials. 13.6 A copy of each order shall be supplied to the Director of Resources as soon as possible after issuing the order or as the Director of Resources may require. 13.7 Urgent orders given verbally shall be confirmed by an official order produced electronically or otherwise not later than the next working day following the day on which an oral order is given. 13.8 All orders for work, goods or services will comply with the European Community Services Directive and the Public Services Contract Regulations 1993. 14 PAYMENT OF ACCOUNTS 14.1 Apart from any petty cash payments from advance accounts (see F.R.4) the Director of Resources is authorised to make all payments as they become due by cheque or other instrument drawn on the council’s banking account. 14.2 The Chief Officer issuing: a) A Manual Order, is responsible, without undue delay, for examining, verifying and certifying the related invoice(s), which should be on suppliers printed forms, and similarly, for any other payment vouchers or accounts arising from sources in his/her department. Such certification shall be in manuscript by or on behalf of the Chief Officer. b) An electronic order, shall be deemed to have examined and verified the related invoice(s) upon electronic entry of the Goods Received Note without delay to the Purchase Ordering System. 14.3 Before electronically posting the Goods Received Note or certifying an account, the responsible officer shall have satisfied himself/herself that:- (a) The work, goods or services to which the Goods Received Note or account related have been received, carried out, examined and approved; (b) The prices, extensions, calculations, additions, trade discounts, other allowances, credits and tax are correct; (c) The relevant expenditure has been properly incurred, is within the relevant estimate provision and has been correctly allocated an expenditure code number; (d) Appropriate entries have been made in inventories, stores records or stock books as required; and (e) The account has not been previously passed for payment and is a proper liability of the council. 14.4 Duly certified accounts shall be passed without delay to the Director of Resources who shall examine them to the extent that he/she considers necessary, for which purpose he/she shall be entitled to make such enquiries and to receive such information and explanations as he may require. 14.5 Any amendment to an account, other than those affecting VAT, shall be made in ink and initialled by the officer making it, stating briefly the reasons where they are not self-evident. 14.6 Paragraph 14.5 does not apply to a VAT invoice which must be returned to the supplier for amendment or receipt of another invoice. 14.7 Each Chief Officer shall, by the 10th April, notify the Director of Resources of all outstanding income and expenditure relating to the previous financial year. 15 USE OF CORPORATE PURCHASING CARDS 15.1 The form of corporate purchasing cards and users of purchasing cards must be approved by Policy Committee. 15.2 Where purchases are made using a corporate purchasing card approved by Policy Committee, orders will not be required but details should be maintained of all purchases made in accordance with procedures laid down by the Director of Resources. 15.3 Corporate purchasing cards should only be used for Council purchases, unless in exceptional circumstances and with the prior agreement of the Director of Resources. Usage should be in accordance with the conditions of use as laid down by the Director of Resources. 15.4 Limits will be set as to individual transactions and the cumulative credit allowed on each card. Authorised users should ensure that such limits are not exceeded. Where limits are exceeded unintentionally, the Director of Resources should be informed immediately. 15.5 Corporate purchasing cards are the personal responsibility of those users to whom they are issued. Such authorised users should not pass their card to other individuals to use on their behalf. 16 PROTECTION OF PRIVATE PROPERTY 16.1 All valuables such as jewellery, watches and other small articles of a similar nature and documents of title found upon any council establishment shall unless in any case otherwise decided by the Director of Resources be deposited with him/her without delay for safe custody. The Director of Resurces shall maintain a record of such items found and be responsible for the manner in which the items are disposed of. 17 SALARIES, WAGES AND OTHER EMOLUMENTS 17.1 The payment of all salaries, wages, pensions, compensation and other emoluments to all employees, members or former employees of the council shall be made by the Director of Resources or under arrangements approved and controlled by him/her. 17.2 The appropriate chief officer shall notify the Chief Executive as soon as possible and in the form prescribed by him of all matters affecting the payment of such emoluments. The Chief Executive shall record such information and shall without undue delay notify the Director of Resources of such matters and in particular:- (a) Appointments, resignations, dismissals, suspensions, secondments and transfers; (b) Changes in remuneration, other than normal increments and pay awards and pay awards and agreements of general application; (c) Information necessary to maintain records of service for superannuation, income tax, national insurance and the like. 17.3 Absences from duty for sickness or other reasons, apart from approved leave shall be notified to the Director of Resources by the appropriate Chief Officer in the form prescribed by the Director of Resources. 17.4 Appointments of all employees shall be made in accordance with any directions of the Policy Committee and the approved establishment, grades and rates of pay. 17.5 All time records or other documents relating to salaries and wages shall be in the form prescribed or approved by the Director of Resources and shall be certified in manuscript by the appropriate Chief Officer. 17.6 Tax, superannuation, national insurance and all other deductions from pay and related matters shall be recorded and controlled in such a manner as may be determined by the Director of Resources. 18 SECURITY 18.1 Each Chief Officer is responsible for maintaining proper security at all times for all buildings, stock, stores, furniture, equipment, cash etc., under his control. Where security is thought to be defective or where it is considered that special security arrangements may be needed he/she shall consult the Director of Resources who shall in any case have the right to check any security matters and arrangements in order to comply with his/her obligations under any insurance requirements or legal obligations. 18.2 Maximum limits for cash holdings shall be agreed with the Director of Resources and shall not be exceeded without his/her express authority. 18.3 Keys to safes and similar receptacles are to be carried on the person of those responsible when on official duty and otherwise be retained in a place of safety as shall be agreed by the appropriate Chief Officer in consultation with the Director of Resources. The loss of any such keys must be reported to the Director of Resources forthwith. 18.4 The Information Technology Manager shall be responsible for maintaining property security and privacy as respects information held in the computer installation or for its use. 18.5 An appropriate form of identification shall be issued by the Chief Executive to each officer who for the necessary performance of his/her duties either requires access to council establishments other than that in which he/she is normally employed, or to identify himself/herself to members of the public. 19 STOCKS AND STORES 19.1 Each Chief Officer shall be responsible for the care and custody of the stock and stores in his department. 19.2 Stocks shall not be in excess of normal requirements except in special circumstances with the approval of the Committee concerned. 19.3 Chief Officers shall arrange for periodical test examinations of stocks by persons other than storekeepers and shall ensure that all stocks are checked at least once in every year. 19.4 The Director of Resources shall be entitled to receive from each Chief Officer such Information as he/she requires in relation to stores for the accounting, costing and financial records. Surplus materials, stores and equipment with an estimated value of not more than £500.00 may be disposed of on the written authority of the Director of Resources. Other such items shall be disposed of by competitive quote or tender or by public auction unless the Policy Committee decide otherwise in a particular case. 19.5 Any surplus or deficiency revealed in any items of stock at any stock-taking shall be reported to the Director of Resources who may authorise the write-off of deficiencies or adjustment of surpluses not exceeding £300.00 on any one item. Deficiencies or surpluses greater than £300.00 shall be reported to the Policy Committee by the Director of Resources. 20 TRAVELLING, SUBSISTENCE AND ALLOWANCES a. All claims for payment of car allowances, subsistence allowances, travelling and incidental expenses shall be certified and submitted to the Director of Resources on a form approved by him/her, made up to the end of each month, within seven days thereof. b. Payments to members, including co-opted members, of the council or its Committees who are entitled to claim travelling or other allowances will be made by the Director of Resources upon receipt of the form prescribed by him/her duly completed. All claims for a financial year are to be submitted within one month of 31st March. c. The certification by or on behalf of the Chief Officer shall be taken to mean that the certifying officer is satisfied that the journeys were authorised, the expenses properly and necessarily incurred and that the allowances are properly payable by the council, in accordance with the current Car Allowance Policy. d. Officers claims submitted more than six months after the expenses were incurred will be paid only with the express approval of the Director of Resources and only in extreme circumstances. 21 NON COMPLIANCE WITH AND INTERPRETATION OF REGULATIONS 21.1 The Director of Resources shall, if necessary, after consultation with the Head of Legal and Licensing, the Chief Executive and the Chief Officer of the Directorate concerned, report to Council any non-compliance with Financial Regulations. 21.2 Any doubt as to the interpretation of these regulations, if unresolved after consultation with the Head of Legal and Licensing, shall be referred to Council. 21.3 The attention of all employees and members is drawn to the Local Government (England) Accounts and Audit Regulations 2003 and the Audit Code of Practice. Contracts Procedure Rules COMPLIANCE WITH THE PROCEDURE RULES 1. General 1. The purpose of Contract Procedure rules is to set clear rules for the procurement of goods, work and services for the Council. This will ensure a system of openness, integrity and accountability where the probity and transparency of the process will be beyond reproach. In turn this will lead to better value for money and give confidence to all concerned that the Council is fulfilling its fiduciary responsibilities 1.1 These rules also equally apply to contracts for the purchase of and for the sale of goods and services. 1.2 Every contract made by or on behalf of the Council shall comply with these procedure rules and the Financial procedure rules and no exception from any of the provisions shall be made otherwise than by direction of the Council other than those exceptions permitted as specified in Contract Procedure Rule 2 1.2 Every exception so permitted on behalf of the Council shall be reported in writing in the first instance to the Council’s Monitoring Officer and Chief Financial Officer, and then to the Policy Committee with the reasons that justified the exception being made. 1.3 These rules shall be subject to all requirements of national law and EU Directives and any other procedures which may apply by reason of the United Kingdom’s membership of the European Union. 1.4 When contracts for works, supplies and services are over a certain value threshold, local authorities and other public sector organisations have to advertise their details in the Official Journal of the European Union (OJEU) calling for expressions of interest. The various EU procurement thresholds currently in force are set out in the contract procedures manual (Council’s procurement toolkit) and will be revised when EU legislation changes. Officers should seek advice from the Procurement Officer and/or the Head of Legal and Licensing. 1.5 The provision of these rules shall continue to apply to such contracts only to the extent that they do not conflict with the provisions of the Public Procurement Regulations 1.6 These procedures also apply to work allocated in accordance with a schedule of rates 1.7 Any dispute or difference as to the interpretation of the Contract Procedure rules shall be resolved by the Head of Legal and Licensing. All such documents will be regularly reviewed. 1.8 Amendments to these rules should be approved by Policy Committee or Full Council 1.9 Where it has become apparent that a department has failed to comply with these rules then the Chief Officer of that department shall commission a report from the department outlining the reasons for the non compliance and the steps taken to prevent re-occurrence. That report together with the Chief Officers decision shall be submitted to the next available meeting of the Council’s Management Team. Failure to comply with these rules may result in disciplinary action and legal proceedings against the officers or firms concerned. 1.11 Pre Tender Evaluation A pre-contract estimate figure for any work, supply of goods or services shall be obtained. The value will be calculated by working out the total amount that is expected to be paid or received over the life of a contract. 2. EXCEPTIONS FOR PROPRIETARY ETC., ARTICLES 2.1 Nothing in these Rules shall require tenders/quotations to be invited if:- (a) in the case of contracts for the supply of goods or materials:- (i) the goods or materials are proprietary or patented articles or are sold only at a fixed price and in the opinion of the appropriate Chief Officer no reasonably satisfactory alternative is available; or (ii) the prices of the goods or materials are wholly controlled by trade organisations or Government order and no reasonably satisfactory alternative is available (b) the work to be executed or the goods or materials to be supplied constitute an extension of an existing contract (such an extension to be approved by the Committee responsible). (c) the contract is for the execution of work or the supply of goods or materials certified by the Chief Officer concerned as being required so urgently as not to permit the invitation of tenders; subject to, the approval of the Chairman and or Vice Chairman of the responsible Committee. (d) the work to be executed or the goods or materials to be supplied consist of repairs to or the supply of parts of existing proprietary or patented machinery or plant or (e) tenders shall have been invited on behalf of any consortium, collaboration or similar body, of which the Council is a member, in accordance with any method adopted by such a body. Provided that where tenders are so invited as aforesaid by a Director of the Council, the delivery, opening and acceptance of tender shall comply with the provision of these Rules, save where those provisions are inconsistent with the method by which tenders so obtained on its behalf are dealt with. (f) the purchase of a named product required to be compatible with an existing installation as approved by the Director of Resources (g) the purchase of goods or materials, the execution of works or supply of services for which the appropriate Chief Officer considers that no genuine competition can be obtained. 3.TENDERING/QUOTATION PROCEDURES Tenders need not be invited in respect of Contracts up to £5000 2,.1 Any single contract not related to or part of any larger procurement whose estimated value is up to £5000 officers should proceed in the most expedient manner and at all times seek to ensure that the terms of the contract represent demonstrable best value. Where in the Service Manager’s opinion it is considered appropriate, at least two written independent quotations should be invited and recorded on file for audit purposes. Contracts between £5001 up to £25,000 2.2. Contracts whose value is £5001 or more but less than £25,000. In such case no contract shall be made unless at least three written independent quotations have been invited The request for quotations whose value is £5001 or more but less than £25,000 must include Standard Terms and Conditions specified by the Authority. In selecting contractors who are to be requested to provide a written quotation Heads of Services shall ensure that the selection process they are using is fair and equitable and that no favouritism is shown to any one contractor. The Head of Service shall keep a record of (i) all those contractors that were requested to provide a quotation (ii) the reasons why those particular contractors were selected to provide a quotation (iii) if applicable the reasons why less than three contractors were selected to provide a quotation and (iv) the reason for accepting other than the lowest quotation Contracts More than £25,000 2.1 Subject to any overriding requirements of the European Union, a contract which is estimated to exceed £25,000 in value the Chief Officer concerned should obtain at least 4 tenders from one of the following procedures Ad Hoc Tenders (open) (a) at least fourteen days public notice has been given in one or more of the local newspapers circulating in the area of the Authority and in such trade journals as the appropriate Director considers reasonably desirable, stating the nature and purpose of the contract, inviting tenders for its execution and stating the last date and time when tenders will be accepted; OR Ad Hoc Approved List (b) public notice has been given in respect of a particular contract in the manner described in (a) above inviting applications from persons who undertake such contracts to be placed on a list to be approved by the Council from which contractors selected by a Chief Officer will be invited to submit for the execution of the work Use of Standing Lists - c) This procedure shall apply where invitations to tender for a contract are to be limited to those persons or bodies whose names shall be included in a list complied and maintained for that purpose. The list shall be Maintained and compiled by the appropriate services manager. Contain the names of all persons or bodies which are approved by the appropriate Service Manager. Provide details in respect of each person or body whose name is included, the categories of contract and the values in respect of those categories for which approval has been given. At least 28 days before a list is first compiled. Notices inviting applications for inclusion in it shall be published in at least one local newspaper circulated with the Borough and in at least one relevant profession or trade journal or newspaper. The list shall be amended as required and reviewed following public notice at least once every three years, by the relevant Service Manager. Alternatively use may be made of government recognised registers such as Constructionline for the tendering process. The register includes local and national construction and construction related contractors and consultants d) Use of Purchasing Consortia Quotations/tenders may be dispensed with, if use is made of Public Sector Consortia Contracts or Framework Agreements eg ESPO, OGC/Office of Government Commerce, London Housing Consortia. e) Electronic Tendering The tendering process may be conducted wholly electronically, eg electronic auction for utilities. 3. Technical and Financial Vetting Before any contract is signed the Service Manager concerned shall be satisfied as to the ability of the contractor to undertake the work and the Head of Financial Services may make any such financial enquiries, as he/she considers necessary. 4 Where invitation to quote/tender to be made, such invitations can be made using any available form of communication providing all invited parties receive identical information. 5 Where fewer than four contractors can be found to tender for a specific contract, tenders shall be invited from all those considered suitable. In such a case a note stating the reason for less than four contractors being invited shall be placed on file. 6. Extension of ontracts Significant benefit may accrue to the Council by extending an existing contract for additional work which is similar to the original specification. The contractor shall carry out the additional work on comparable rates. Such contracts may only be extended once and the threshold limits of EU procurement regulations must be taken into account. 7. Errors in or relating to invitations to Tender If an error is identified before the closing date for the return of tenders, all tenderers shall be appraised of the error and invited to adjust their tenders If an error in the specification is identified after the closing date for the return of tenders all tenderers shall be given details of the error and afforded the opportunity of withdrawing the offer or submitting an amended tender 8. Submission of Tenders Where in pursuance of these Standing Orders an invitation to tender is made, every invitation shall state: That no tender will be considered unless it is enclosed in a plain sealed envelope which shall bear the word “Tender” followed by the subject to which it relates but no other name or mark indicating the sender That the Council is not bound to accept any tender Any other matters directed by these Standing Orders to be included. 9. RECEIPT AND CUSTODY 9.1 Where tenders are invited, no tender shall be considered unless contained in a plain envelope which shall be securely sealed and shall bear the word “Tender” followed by the subject to which the tender relates, but neither the tender envelope nor any external packaging (eg courier packet) shall bear any distinguishing matter or mark intended to indicate the identity of the sender and prospective tenderers shall be notified accordingly. Such envelope and or/courier package shall be addressed impersonally (a) the Head of Legal in respect of tenders for contracts estimated to exceed £25,000 or (b) the Chief Officer concerned in any other case and until the time appointed for its opening shall remain in the custody of the Head of Legal locked in a suitable cabinet, the Chief Officer to whom it is addressed or such other officer of the Council as may be duly authorised on that behalf. 9.2 If the tender envelope/package states the name, mark, slogan or logo of the firm such name, mark, slogan or logo must immediately on receipt be obliterated by the receiving officer 10. OPENING 7.1 (a) Tenders shall be opened one at a time and by not less than 2 officials of the appropriate department designated for the purpose by the Chief Executive or Chief Officer in whose custody the tender documents are held. (b) In respect of tenders for contracts estimated to exceed £25,000 any member of the Council who wishes may be present at the opening of tenders; the members of the Committee concerned having been duly notified of the time and place appointed for the opening. 7.2 The Officer must at the time the tenders are opened record: (a) the type of goods and materials to be supplied or disposed of, or the work or services to be carried out; (b) the name of each firm submitting a tender; (c) the date and time of receipt of each tender as recorded on the envelope; (d) the amount of each tender where appropriate; (e) the date the tender was opened; (f) the signatures of all persons present at the opening of each tender; (g) the reason for any disqualification of any tender; 11. LATE TENDERS 8.1 Any tender submitted in competition received after the specified time shall be returned promptly to the tenderer by the Director concerned; save that such tender may be considered when the Director concerned is satisfied that there is evidence of posting in time for delivery by the due date in the normal course of postal delivery and the other tenders have not been opened, or any other circumstances in the opinion of the Director concerned and the Head of Legal and Licensing justify. 8.2 A late tender may be opened by the Director concerned in order to ascertain the name of the tenderer, but no details of the tenderer shall be disclosed 9. ALTERATIONS 9.1 Where examination of tenders reveals errors or discrepancies which would affect the tender figure(s) in an otherwise successful tender, the tenderer is to be given details of such errors and discrepancies and afforded a reasonable opportunity of confirming or withdrawing his offer. If the tenderer withdraws, the next tenderer in competitive order is to be examined and dealt with in the same way. Any exception to this procedure may be authorised only by the Head of Legal in consultation with the Chief Officer concerned and the Director of Resources. 10. ACCEPTANCE 10.1 A tender other than the lowest tender,(or where the contract relates to the sale of goods or services by the Council, the highest) unless a suitable pre-determined price/quality model has been devised Otherwise a report must be submitted to the appropriate Policy Committee Where a tender exceeds the budget provision then a report must be made to the appropriate Policy Committee to seek additional funds The service manager concerned shall arrange for all tenderers for a particular contract to be notified of the outcome of the bid. 3. SUB-CONTRACTORS AND NOMINATED SUPPLIERS 3.1 (a) Tenders for sub-contracts to be performed or goods or materials to be supplied by nominated sub-contractors or suppliers for values estimated to exceed £25,000 shall be invited in accordance with the methods described in Rule 3 and shall be dealt with by the Chief Officer concerned in accordance with the arrangements prescribed herein; save that the Committee concerned may authorise the Chief Officer concerned to invite a tender from such sub-contractor(s) or supplier(s) as may be available, if the Committee concerned considers that it is in the Council’s interest to do so. (b) Such tenders for amounts exceeding £5,000 and not exceeding £25,000 shall be obtained by the Chief Officer concerned. (c) Where the Chief Officer concerned is duly authorised to nominate to the main contractor, sub-contractor or supplier whose tender, obtained in accordance with either of the preceding sub-paragraphs, is, in his opinion, the most satisfactory, where the tender is not the lowest received the circumstances shall be reported to the next practicable meeting of the Committee responsible for the contract for a decision to be made. (d) The terms of an invitation for nomination in accordance with the Procedure Rule shall require an undertaking by the person submitting a tender that if it is selected it will be willing to enter into a contract with the main contractor on terms which indemnify the main contractor against its own obligations under the main contract in relation to the works or goods included in the subcontract. 4. ENGAGEMENT OF CONSULTANTS 4.1 It shall be a condition of the engagement of the services of any architect or of any engineer, surveyor or other consultant (not being an officer of the Council) who is responsible to the Council for the supervision of a contract on its behalf, that in relation to that contract he shall:- (a) comply with these rules as though he were a Director of the Council, subject to the modification that the procedure to be followed in inviting and opening tenders shall be approved in advance by the Director of Resources; (b) at any time during the carrying out of the contract upon reasonable written request Council, produce to the appropriate Chief Officer, or his representative, all the records maintained by him in relation to the contract and (c) on completion of a contract, transmit all the originals and copies of such records to the appropriate Chief Officer. (d) submit specifications of all works to the Service Manager concerned for his/her approval, before tenders are invited. IN WRITING All contracts shall be in writing, whether by official order or formal contract and contracts with a value greater than £25,000 shall be notified to the Head of Legal Services. The format of all contracts shall be first approved by the Head of legal Services Contracts in excess of £25,000 shall be made under the Common Seal of the Council. Contracts up to £25,000 may be signed by the Chief Officer and the Head of Legal and Licensing Services. And shall specify