PART 4 RULES OF PROCEDURE - COUNCIL
Annual Meeting of the Council 1. 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: elect a person to preside if the Chairman of Council is not present; elect the Chairman of Council; elect the Vice Chairman of Council; approve the minutes of the last meeting; receive any announcements from the Chairman and/or Head of the Paid Service; elect the Leader; appoint at least one Overview and Scrutiny Committee, a Standards Committee and such other Committees as the Council considers appropriate to deal with matters which are neither reserved to the Council nor are Cabinet functions (as set out in Part 3 of this Constitution); agree the Scheme of Delegation or such part of it as the Constitution determines it is for the Council to agree (as set out in Part 3 of this Constitution); approve a programme of ordinary meetings of the Council for the year and; consider any business set out in the notice convening the meeting.
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Election of Chairman, Vice-Chairman and Leader of the Council 3. The election of the Chairman and the election of the Vice-Chairman shall be the first and second items of business respectively transacted at the annual meeting of the Council. The election of the Chairman, Vice-Chairman and Leader shall be determined by a secret ballot which shall be conducted by the person presiding in accordance with the following procedure: the person presiding at the meeting shall invite nominations for Chairman, Vice-Chairman and Leader from those present at the meeting; 1
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a member's name must be proposed and seconded to be eligible; a member shall not be nominated in his or her absence for the position of Chairman, Vice-Chairman or Leader without his or her written consent; the Chairman, Vice-Chairman or Leader shall be elected from among the members duly nominated unless any member nominated withdraws his or her name, in which case the election shall be from among the remaining nominees; the Chairman, Vice-Chairman or Leader shall be elected by the vote of a majority of those members present and voting; each member shall vote by writing the name of one of the members nominated upon a ballot paper which shall then be placed in the ballot box; when, in the opinion of the person presiding at the election, each member present has had a reasonable time in which to vote, the ballot box should be delivered to the person presiding whereupon the voting shall be deemed to have been completed except that this shall not preclude the person presiding from exercising his or her casting vote in accordance with the final bullet of this section; the ballot papers shall then be counted by the person presiding at the election; if only one member is nominated, the person presiding shall declare that member elected as Chairman, Vice-Chairman or Leader as the case may be; and if two members are nominated the member receiving the vote of the majority of those members present and voting shall be declared elected; if more than two members are nominated, the person presiding shall announce the name of the member with the smallest number of votes and that name shall be eliminated. A further ballot or ballots shall then be taken and after each ballot the name of the member receiving the smallest number of votes shall be eliminated, in accordance with the foregoing procedure, until only two names remain which shall be submitted to the final vote; in the event of an equality of votes in any of the ballots, the person presiding shall give a casting vote and where there are three or more members with an equal number of votes the person presiding shall give a casting vote to each of such members except one.
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Selection of Councillors to serve on Committees and outside bodies 5. At the annual meeting, the Council will: decide which Committees to establish for the municipal year; decide the size and terms of reference for those Committees; decide the allocation of seats and substitutes to political groups in accordance with the political balance rules; receive nominations of Councillors to serve on each Committee and outside body and; appoint to those Committees and outside bodies except where appointment to those bodies has been delegated by the Council or is exercisable only by the Cabinet.
Ordinary meetings 6. Ordinary meetings of the Council will take place in accordance with a programme decided at the Council’s annual meeting. Ordinary meetings will: elect a person to preside if the Chairman and vice Chairman are not present; approve the minutes of the last meeting; receive any declarations of interest from members; receive any announcements from the Chairman, Leader, members of the Cabinet or the head of paid service; 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; deal with any business from the last Council meeting; receive reports from the Cabinet and the Council’s Committees and receive questions and answers on any of those reports; receive reports about and receive questions and answers on the business of joint arrangements and external organisations; consider motions and; consider any other business specified in the summons to the meeting, including consideration of proposals from the Cabinet in relation to the Council’s budget and policy framework and reports of the overview and scrutiny Committees for debate.
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7.
Members wishing to ask a question in relation to the reports of the Wiltshire Police Authority or the Swindon and Wiltshire Fire Authority are required to give written notice (including details of the question) to the Director of Resources no later than 5 clear working days before the Council meeting.
Extraordinary meetings Calling extraordinary meetings 8. Those listed below may request the Director of Resources to call Council meetings in addition to ordinary meetings: the Council by resolution; the Chairman of the Council; the Monitoring Officer and; any five members of the Council if they have signed a requisition presented to the Chairman of the Council and he/she has refused to call a meeting or has failed to call a meeting within seven days of the presentation of the requisition.
9.
The business that can be conducted at extraordinary meetings is restricted to a single item, with no consideration of previous minutes or reports from Committees.
Appointment of substitute members of Committees and sub-Committees Allocation 10. As well as allocating seats on Committees and sub-Committees, the Council will allocate seats in the same manner for substitute members.
Number 11. For each Committee or sub-Committee, the Council will appoint up to a maximum of three substitutes for each political group which holds seats on that Committee or Sub Committee.
Powers and duties 12. Substitute members will have all the powers and duties of any ordinary member of the Committee but will not be able to exercise any special powers or duties exercisable by the person they are substituting.
Substitution 13. Substitute members may attend meetings in that capacity only: Part 4 to take the place of the ordinary member for whom they are the designated substitute; 4
where the ordinary member will be absent for the whole of the meeting and; after notifying the Director of Resources before the start of the meeting of the intended substitution.
Time and place of meetings 14. The time and place of meetings will be determined by the Director of Resources and notified in the summons.
Notice of and summons to meetings 15. The Director of Resources will give notice to the public of the time and place of any meeting in accordance with the Access to Information Procedure Rules. At least five clear days before a meeting, the Director of Resources will send a summons signed by him or her by post to every member of the Council or leave it at their usual place of residence. 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.
Chair of meeting 16. The person presiding at the meeting may exercise any power or duty of the Chairman. Where these rules apply to Committee and sub-Committee meetings, references to the Chairman also include the Chairman of Committees and subCommittees.
Quorum 17. The quorum of a meeting will be one quarter of the whole number of members. During any meeting if the Chairman counts the number of members present and declares there is not a quorum present, then the meeting will adjourn immediately. Remaining business will be considered at a time and date fixed by the Chairman. If he/she does not fix a date, the remaining business will be considered at the next ordinary meeting.
Presentation of petitions 18. A petition may be presented by a member of the Council or a member of the public, subject to 5 clear working days’ prior written notice being given to the Director of Resources. Petitioners may present their petition speech to the Director of Resources 5 clear working days before the meeting date in order that the petition speech may be copied and circulated to members prior to the meeting. Consideration of a petition may take place at the meeting at which the petition is presented when the subject of the petition relates to an item which is already on the agenda for that meeting, or if the provisions of the Local Government Act 1972 relating to urgent business apply. 5
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The Council may otherwise deal with the petition as it sees fit (i.e. seek a report to a future meeting or refer it to another forum for consideration). Where a petition concerns an application to the Council for mineral extraction and/or waste disposal: The written notice referred to in paragraph 18 above must be received by the Director of Resources at least five clear working days before the meeting to which the petition is to be presented; The Director of Resources shall inform the other party (or parties) to the application of the receipt of the petition and; One person representing the other party or parties may address the meeting by speaking for not more than two minutes.
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Public participation at meetings 23. There shall be provision for members of the public to ask questions of the Chairman or of members of the Cabinet, or make a statement. A maximum of 15 minutes shall be allowed during each meeting for questions and statements. No person may submit more than one question or statement and no more than one such question or statement may be asked on behalf of one organisation. The question or statement must be relevant, clear and concise. The question or statement must be relevant to the powers and duties of the Council. The question or statement must not deal with confidential, personal or other information which the law permits the Council to consider in private. A question may only be asked or a statement made if notice (including details of any question or statement) has been given by delivering it in writing or by electronic mail to the Director of Resources no later than midday two working 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. In exceptional circumstances the Chairman may allow questions or statements without the full 48 hours notice having been given. Participants shall be permitted to address the Council by speaking for not more than two minutes. One supplementary question on the same subject will be allowed. The Chairman or member of the Cabinet will reply at the meeting or in writing after the meeting. 6
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26. 27.
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30. 31.
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If a questioner who has submitted a written question is unable to be present, they may ask the Chairman to put the question on their behalf. 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. No debate shall be allowed on any statement, question or answer. The minutes of the meeting shall record the name of the participant, the subject matter, and the name of the person replying. The Chairman’s decision on the relevance of a question or statement or on the method of dealing with any issue in connection with this procedure shall be final.
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34. 35.
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Members’ Questions 37. At a meeting of the Council Members may ask the Leader of the Council, the appropriate Cabinet Member, or the Chairman of a Committee any question on any matter in respect of which the Council has powers and duties or which affects the County. Notice of questions on matters which are not included in a report to the Council must be given in writing to the Director of Resources not later than two clear working days before the Council meeting. Questions may be asked without notice if the Chairman decides that the matter is urgent. Every question will be put and answered without discussion. Copies of all questions will be circulated to members before the start of the meeting. Questions may be answered orally or in writing. Following the initial reply by the Leader, Cabinet Member or Committee Chairman, the Chairman will allow the member who submitted the question to ask one supplementary question. A record of all questions and answers will be included in the minutes of the meeting.
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42. 43.
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Motions on notice Notice 45. Part 4 Except for motions which can be moved without notice under paragraph 52 below, written notice of every motion, signed by a member or delivered 7
electronically, must be delivered to the Director of Resources not later than 14 clear days before the date of the meeting. These will be entered in a book open to public inspection. Motion set out in agenda 46. Motions for which notice has been given will be listed on the agenda in the order in which notice was received, unless the member giving notice states, in writing, that they propose to move it to a later meeting or withdraw it.
Scope 47. Motions must be about matters for which the Council has a responsibility or which affect Wiltshire.
Arrangements for motions on notice 48. Upon receipt of the notice of motion the Chairman will ask the Director of Resources to give an indication as to how best a notice of motion may be dealt with. The possibilities would include: Debate the issue on the day, with or without a report as appropriate. If the Chairman considers the matter to be of sufficient importance and urgency, the Chairman will ask the Director of Resources to arrange for a report to be prepared to help debate at Council. If the matter is within the responsibility of a particular Committee or the Cabinet the Chairman will suggest referring the motion, as appropriate, to: the appropriate Overview and Scrutiny Committee the Regulatory Committee the Standards Committee the Leader of the Council 49. At the meeting of the Council, when the Chairman introduces the item: The Chairman will ask if the notice is moved and seconded, if so; The Chairman will move from the chair that the motion either be debated on the day or referred to the appropriate body. This will be seconded by the Vice-Chairman; Where possible the motion will be set out on the Council agenda, but in any event the Chairman will give advance notice of the motion; The Chairman will ask the Council to vote on the question of referring the item before there is any substantive debate. In accordance with the 8
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Constitution, the only amendments the Chairman will accept on that issue are to which body the motion should be referred. 50. If the motion is carried and the item stands referred to a Committee of the Council the matter will come back to the Council in the minutes of that meeting. If the matter stands referred to the Leader of the Council the Chairman will ask the Leader to write to the proposers of the motion, with a copy to all members, advising them what steps he or she proposes to take. The Chairman will ask all members to consider using the provisions in the Constitution for directly referring matters of concern to the appropriate Committee. Where possible it is better that matters are referred up to the Council from the appropriate Committee. That will mean that issues are considered more quickly, and if it is a matter of importance the Council will be able to consider it with the benefit of proper information.
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Motions without notice 52. The following motions may be moved without notice: Part 4 to appoint a Chairman of the meeting at which the motion is moved; in relation to the accuracy of the minutes; to change the order of business in the agenda; to refer something to an appropriate body or individual; to appoint a Committee or member arising from an item on the summons for the meeting; to receive reports or adoption of recommendations of Committees or officers and any resolutions following from them; to withdraw a motion; to amend a motion; to proceed to the next business; that the question be now put; to adjourn a debate; to adjourn a meeting; to suspend a particular Council procedure rule; to exclude the public and press in accordance with the Access to Information Procedure Rules; not to hear further a member named under paragraph 101 or to exclude them 9
from the meeting under paragraph 102 and; to give the consent of the Council where its consent is required by this Constitution.
Rules of debate No speeches until motion seconded 53. No speeches may be made after the mover has moved a proposal and explained the purpose of it until the motion has been seconded.
Right to require motion in writing 54. 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.
Seconder’s speech 55. When seconding a motion or amendment, a member may reserve their speech until later in the debate.
Content and length of speeches 56. Speeches must be directed to the question under discussion or to a personal explanation or point of order. No speech may exceed 5 minutes without the consent of the Chairman.
When a member may speak again 57. A member who has spoken on a motion may not speak again whilst it is the subject of debate, except: speak once on an amendment moved by another member; to move a further amendment if the motion has been amended since he/she last spoke; 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); in exercise of a right of reply; on a point of order and; by way of personal explanation.
Amendments to motions 58. An amendment to a motion must be relevant to the motion and will either be: Part 4 to refer the matter to an appropriate body or individual for consideration or 10
reconsideration; to leave out words; to leave out words and insert or add others or; to insert or add words;
as long as the effect of the amendments in paragraph 58 is not to negate the motion. 59. 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. If an amendment is not carried, other amendments to the original motion may be moved. 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. 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.
60. 61.
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Alteration of motion 63. 64. 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. 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. Only alterations which could be made as an amendment may be made.
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Withdrawal of motion 66. 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.
Right of reply 67. 68. 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. 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. 11
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The mover of the amendment has no right of reply to the debate on his or her amendment.
Motions which may be moved during debate 70. When a motion is under debate, no other motion may be moved except the following procedural motions: to withdraw a motion; to amend a motion; to proceed to the next business; that the question be now put; to adjourn a debate; to adjourn a meeting; to exclude the public and press in accordance with the Access to Information Procedure Rules and; to not hear further a member named under paragraph 101 or to exclude them from the meeting under paragraph 102.
Closure motions 71. A member may move, without comment, the following motions at the end of a speech of another member: 72. to proceed to the next business; that the question be now put; to adjourn a debate or; to adjourn a meeting.
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. 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. 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 12
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reply. Point of order 75. A member may raise a point of order at any time. The Chairman will hear them 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.
Personal explanation 76. 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.
State of Wiltshire debate Calling of debate 77. The Leader will call a state of Wiltshire debate annually on a date and in a form to be agreed with the Chairman.
Form of debate 78. The Leader will decide the form of the debate with the aim of enabling the widest possible public involvement and publicity. This may include holding workshops and other events prior to or during the state of Wiltshire debate.
Chairing of debate 79. The debate will be chaired by the Chairman of the Council.
Results of debate 80. The results of the debate will be: disseminated as widely as possible within the community and to agencies and organisations in Wiltshire and; reported to the Overview and Scrutiny Committee meeting by the Leader at the next available meeting of that Committee and; considered by the Leader in proposing the budget and policy framework to the Council for the coming year.
Previous decisions and motions Motion to rescind a previous decision 81. Part 4 A motion or amendment to rescind a decision made at a meeting of Council 13
within the past six months cannot be moved unless the notice of motion is signed by at least 10 members (or a quarter of the members of a Committee). Motion similar to one previously rejected 82. 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 10 members (or a quarter of the members of a Committee). Once the motion or amendment is dealt with, no one can propose a similar motion or amendment for six months.
Voting Majority 83. 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 was put.
Chairman’s casting vote 84. 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.
Show of hands 85. Unless a ballot or recorded vote is demanded under paragraphs 86 and 87, the Chairman will take the vote by show of hands, or if there is no dissent, by the affirmation of the meeting.
Ballots 86. The vote will take place by ballot if 10 members (or a quarter of the members of a Committee) present at the meeting demand it. The Chairman will announce the numerical result of the ballot immediately the result is known.
Recorded vote 87. If 10 members (or a quarter of the members of a Committee) present at the meeting 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. A demand for a recorded vote will override a demand for a ballot.
Right to require individual vote to be recorded 88. 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 or abstained from voting.
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Voting on appointments 89. If there are more than two people nominated for any position to be filled and there is not a clear majority of votes in favour of one person, then the name of the person with the least number of votes will be taken off the list and a new vote taken. The process will continue until there is a majority of votes for one person.
Minutes Signing the minutes 90. 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.
No requirement to sign minutes of previous meeting at extraordinary meeting 91. Where in relation to any meeting, the next meeting for the purpose of signing the minutes is a meeting called under paragraph 3 of schedule 12 to the Local Government 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 minutes.
Form of minutes 92. Minutes will contain all motions and amendments in the exact form and order the Chairman put them.
Record of Attendance 93. 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.
Exclusion of Public 94. 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 paragraph 104 (Disturbance by Public).
Members’ attendance at Council meetings 95. Subject to paragraph 96, if a member of the Council fails throughout a period of 6 consecutive months from the date of his or her last attendance to attend any meeting of the Council, he or she shall, unless the failure was due to some reason approved by the Council before the expiry of that period, cease to be a member of the Council.
Attendance as a member at a meeting of any committee, sub-committee, panel or working party of the Council, or at a meeting or any joint committee, joint Part 4 15
96.
board or other body by whom for the time being any functions of the Council are being discharged or which was appointed to advise the Council on any matter relating to the discharge of its functions shall be deemed to be attendance at a meeting of the Council. 97. Any person (not being a member of the Council) appointed by the Council or a committee to serve on a committee, sub-committee or panel who is absent from all meetings of such committee, sub-committee or panel for a continuous period of six months except for some reason approved by the committee, subcommittee or panel before the expiry of that period shall at the end of that period cease to be a member of that committee, sub-committee or panel. If a member of the Cabinet fails throughout a period of 6 consecutive months from the date of his or her last attendance, to attend any meeting of the Cabinet, he or she shall, unless the failure was due to some reason approved by the Council before the expiry of that period, cease to be a member of the Council.
98.
Standing to speak 99. 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.
Chairman standing 100. When the Chairman stands during a debate, any member speaking at the time must stop and sit down. The meeting must be silent.
Member not to be heard further 101. 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.
Member to leave the meeting 102. 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.
General disturbance 103. If there is a general disturbance making orderly business impossible, the Chairman may adjourn the meeting for as long as he/she thinks necessary.
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Disturbance by Public Removal of member of the public 104. 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.
Clearance of part of meeting room 105. 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.
Suspension and Amendment of Council Procedure Rules Suspension 106. All of these Council Rules of Procedure except paragraphs 88 and 91 may be suspended by motion on notice or without notice if at least one half of the whole number of members of the Council are present. Suspension can only be for the duration of the meeting.
Amendment 107. 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.
Application to Committees and Sub-Committees 108. All of the Council Rules of Procedure apply to meetings of full Council. None of the rules applies to meetings of the Cabinet. Only paragraphs 14-36, 52-76, 8190, 94 and 101-107 apply to meetings of Committees and sub-Committees.
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