Council Matters: Standing Orders

These standing orders are based on the NALC standard, and were adopted in October 2023


  1. Rules of Debate at Meetings.
  2. Disorderly Conduct at Meetings.
  3. Meetings Generally.
  4. Committees and Sub-Committees.
  5. Ordinary Council Meetings.
  6. Extraordinary Meetings of the Council, Committees and Sub-Committees.
  7. Voting On Appointments.
  8. Motions For A Meeting That Require Written Notice To Be Given To The Proper Officer
  9. Motions At A Meeting That Do Not Require Written Notice.
  10. Management Of Information.
  11. Draft Minutes.
  12. Code Of Conduct and Dispensations.
  13. Code Of Conduct Complaints.
  14. Proper Officer
  15. Responsible Financial Officer
  16. Accounts and Accounting Statements.
  17. Financial Controls And Procurement
  18. Responsibilities to Provide Information.
  19. Responsibilities Under Data Protection Legislation.
  20. Execution and Sealing of Legal Deeds.
  21. Communicating With District and County or Unitary Councillors.
  22. Restrictions On Councillor Activities.
  23. Standing Orders Generally.

1. Rules of Debate at Meetings

  1. Motions on the agenda shall be considered in the order that they appear unless the order is changed at the discretion of the chairman of the meeting.
  2. A motion (including an amendment) shall not be progressed unless it has been moved and seconded.
  3. A councillor may not move more than one amendment to an original or substantive motion.
  4. When a motion is under debate, no other motion shall be moved except:
    1. to amend the motion;
    2. to proceed to the next business;
    3. to adjourn the debate;
    4. to put the motion to a vote;
    5. to ask a person to be no longer heard or to leave the meeting;
    6. to refer a motion to a committee or sub-committee for consideration;
    7. to exclude the public and press;
    8. to adjourn the meeting; or
    9. to suspend particular standing order(s) excepting those which reflect mandatory statutory or legal requirements.
  5. Before an original or substantive motion is put to the vote, the chairman of the meeting shall be satisfied that the motion has been sufficiently debated and that the mover of the motion under debate has exercised or waived his right of reply.

2. Disorderly Conduct at Meetings

  1. No person shall obstruct the transaction of business at a meeting or behave offensively or improperly. If this standing order is ignored, the chairman of the meeting shall request such person(s) to moderate or improve their conduct.
  2. If person(s) disregard the request of the chairman of the meeting to moderate or improve their conduct, any councillor or the chairman of the meeting may move that the person be no longer heard or be excluded from the meeting. The motion, if seconded, shall be put to the vote without discussion.
  3. If a resolution made under standing order 2(b) is ignored, the chairman of the meeting may take further reasonable steps to restore order or to progress the meeting. This may include temporarily suspending or closing the meeting.

3. Meetings Generally

Full Council meetings                          FC

Committee meetings                            CM

Sub-committee meetings                     SC

FC a           Meetings shall not take place in premises which at the time of the meeting are used for the supply of alcohol, unless no other premises are available free of charge or at a reasonable cost.
FC

 

b           The minimum three clear days for notice of a full council meeting does not include the day on which notice was issued, the day of the meeting, a Sunday, a day of the Christmas break, a day of the Easter break or of a bank holiday or a day appointed for public thanksgiving or mourning.
CM c           The minimum three clear days’ public notice for a committee meeting does not include the day on which the notice was issued or the day of the meeting unless the meeting is convened at shorter notice
FC

CM

d           Meetings shall be open to the public unless their presence is prejudicial to the public interest by reason of the confidential nature of the business to be transacted or for other special reasons. The public’s exclusion from part or all of a meeting shall be by a resolution which shall give reasons for the public’s exclusion.
e           Members of the public may make representations, answer questions and give evidence at a meeting which they are entitled to attend in respect of the business on the agenda.
f             A member of the public shall not speak for more than 5 minutes.
g           In accordance with standing order 3(e), a question shall not require a response at the meeting nor start a debate on the question. The chairman of the meeting may direct that a written or oral response be given.
h           A person who speaks at a meeting shall direct his comments to the chairman of the meeting.
i             Only one person is permitted to speak at a time. If more than one person wants to speak, the chairman of the meeting shall direct the order of speaking.
FC

CM

j             Subject to standing order 3(k), a person who attends a meeting is permitted to report on the meeting whilst the meeting is open to the public. To “report” means to film, photograph, make an audio recording of meeting proceedings, use any other means for enabling persons not present to see or hear the meeting as it takes place or later or to report or to provide oral or written commentary about the meeting so that the report or commentary is available as the meeting takes place or later to persons not present.
FC

CM

k           A person present at a meeting may not provide an oral report or oral commentary about a meeting as it takes place without permission.
FC

CM

l             The press shall be provided with reasonable facilities for the taking of their report of all or part of a meeting at which they are entitled to be present.
FC

 

m          Subject to standing orders which indicate otherwise, anything authorised or required to be done by, to or before the Chairman of the Council may in his absence be done by, to or before the Vice-Chairman of the Council.
FC

 

n           The Chairman of the Council, if present, shall preside at a meeting. If the Chairman is absent from a meeting, the Vice-Chairman of the Council, if present, shall preside. If both the Chairman and the Vice-Chairman are absent from a meeting, a councillor as chosen by the councillors present at the meeting shall preside at the meeting.
FC

CM SC

o           Subject to a meeting being quorate, all questions at a meeting shall be decided by a majority of the councillors and non-councillors with voting rights present and voting.
FC

CM SC

p           The chairman of a meeting may give an original vote on any matter put to the vote, and in the case of an equality of votes may exercise his casting vote whether or not he gave an original vote.

See standing orders 5(h) and (i) for the different rules that apply in the election of the Chairman of the Council at the annual meeting of the Council.

FC

 

q           Unless standing orders provide otherwise, voting on a question shall be by a show of hands. At the request of a councillor, the voting on any question shall be recorded so as to show whether each councillor present and voting gave his vote for or against that question.
r            The minutes of a meeting shall include an accurate record of the following:

i.             the time and place of the meeting;

ii.            the names of councillors who are present and the names of councillors who are absent;

iii.           interests that have been declared by councillors and non-councillors with voting rights;

iv.           the grant of dispensations (if any) to councillors and non-councillors with voting rights;

v.            whether a councillor or non-councillor with voting rights left the meeting when matters that they held interests in were being considered;

vi.           if there was a public participation session; and

vii.         the resolutions made.

FC

CM SC

 

 

s           A councillor or a non-councillor with voting rights who has a disclosable pecuniary interest or another interest as set out in the Council’s code of conduct in a matter being considered at a meeting is subject to statutory limitations or restrictions under the code on his right to participate and vote on that matter.
FC

 

 

t             No business may be transacted at a meeting unless at least one-third of the whole number of members of the Council are present and in no case shall the quorum of a meeting be less than three.

 

 

FC

CM SC

u           If a meeting is or becomes inquorate no business shall be transacted and the meeting shall be closed. The business on the agenda for the meeting shall be adjourned to another meeting.

4. Committees and Sub-Committees

  1. Unless the Council determines otherwise, a committee may appoint a sub-committee whose terms of reference and members shall be determined by the committee.
  2. The members of a committee may include non-councillors unless it is a committee which regulates and controls the finances of the Council.
  3. Unless the Council determines otherwise, all the members of an advisory committee and a sub-committee of the advisory committee may be non-councillors.

5. Ordinary Council Meetings

  1. In an election year, the annual meeting of the Council shall be held on or within 14 days following the day on which the councillors elected take office.
  2. In a year which is not an election year, the annual meeting of the Council shall be held on such day in May as the Council decides.
  3. If no other time is fixed, the annual meeting of the Council shall take place at 6pm.
  4. In addition to the annual meeting of the Council, at least three other ordinary meetings shall be held in each year on such dates and times as the Council decides.
  5. The first business conducted at the annual meeting of the Council shall be the election of the Chairman and Vice-Chairman (if there is one) of the Council.
  6. The Chairman of the Council, unless he has resigned or becomes disqualified, shall continue in office and preside at the annual meeting until his successor is elected at the next annual meeting of the Council.
  7. The Vice-Chairman of the Council, if there is one, unless he resigns or becomes disqualified, shall hold office until immediately after the election of the Chairman of the Council at the next annual meeting of the Council.
  8. In an election year, if the current Chairman of the Council has not been re-elected as a member of the Council, he shall preside at the annual meeting until a successor Chairman of the Council has been elected. The current Chairman of the Council shall not have an original vote in respect of the election of the new Chairman of the Council but shall give a casting vote in the case of an equality of votes.
  9. In an election year, if the current Chairman of the Council has been re-elected as a member of the Council, he shall preside at the annual meeting until a new Chairman of the Council has been elected. He may exercise an original vote in respect of the election of the new Chairman of the Council and shall give a casting vote in the case of an equality of votes.
  10. Following the election of the Chairman of the Council and Vice-Chairman (if there is one) of the Council at the annual meeting, the business shall include:
    1. In an election year, delivery by the Chairman of the Council and councillors of their acceptance of office forms unless the Council resolves for this to be done at a later date.
    2. In a year which is not an election year, delivery by the Chairman of the Council of his acceptance of office form unless the Council resolves for this to be done at a later date.

6. Extraordinary Meetings of the Council, Committees and Sub-Committees

  1. The Chairman of the Council may convene an extraordinary meeting of the Council at any time.
  2. If the Chairman of the Council does not call an extraordinary meeting of the Council within seven days of having been requested in writing to do so by two councillors, any two councillors may convene an extraordinary meeting of the Council. The public notice giving the time, place and agenda for such a meeting shall be signed by the two councillors.

7. Voting On Appointments

  1. Where more than two persons have been nominated for a position to be filled by the Council and none of those persons has received an absolute majority of votes in their favour, the name of the person having the least number of votes shall be struck off the list and a fresh vote taken. This process shall continue until a majority of votes is given in favour of one person. A tie in votes may be settled by the casting vote exercisable by the chairman of the meeting.

8. Motions For A Meeting That Require Written Notice To Be Given To The Proper Officer

  1. A motion shall relate to the responsibilities of the meeting for which it is tabled and in any event shall relate to the performance of the Council’s statutory functions, powers and obligations or an issue which specifically affects the Council’s area or its residents.
  2. No motion may be moved at a meeting unless it is on the agenda and the mover has given written notice of its wording to the Proper Officer at least 7 clear days before the meeting. Clear days do not include the day of the notice or the day of the meeting.
  3. The Proper Officer may, before including a motion on the agenda received in accordance with standing order 8(b), correct obvious grammatical or typographical errors in the wording of the motion.
  4. If the Proper Officer considers the wording of a motion received in accordance with standing order 8(b) is not clear in meaning, the motion shall be rejected until the mover of the motion resubmits it, so that it can be understood, in writing, to the Proper Officer at least 7 clear days before the meeting.
  5. If the wording or subject of a proposed motion is considered improper, the Proper Officer shall consult with the chairman of the forthcoming meeting or, as the case may be, the councillors who have convened the meeting, to consider whether the motion shall be included in the agenda or rejected.
  6. The decision of the Proper Officer as to whether or not to include the motion on the agenda shall be final.
  7. Motions received shall be recorded and numbered in the order that they are received.
  8. Motions rejected shall be recorded with an explanation by the Proper Officer of the reason for rejection.

9. Motions At A Meeting That Do Not Require Written Notice

  1. The following motions may be moved at a meeting without written notice to the Proper Officer:
    1. to correct an inaccuracy in the draft minutes of a meeting;
    2. to move to a vote;
    3. to defer consideration of a motion;
    4. to refer a motion to a particular committee or sub-committee;
    5. to appoint a person to preside at a meeting;
    6. to change the order of business on the agenda;
    7. to proceed to the next business on the agenda;
    8. to require a written report;
    9. to appoint a committee or sub-committee and their members;
    10. to extend the time limits for speaking;
    11. to exclude the press and public from a meeting in respect of confidential or other information which is prejudicial to the public interest;
    12. to not hear further from a councillor or a member of the public;
    13. to exclude a councillor or member of the public for disorderly conduct;
    14. to temporarily suspend the meeting;
    15. to suspend a particular standing order (unless it reflects mandatory statutory or legal requirements);
    16. to adjourn the meeting; or
    17. to close the meeting.

10. Management Of Information

See also standing order 18.

  1. The Council shall have in place and keep under review, technical and organisational measures to keep secure information (including personal data) which it holds in paper and electronic form. Such arrangements shall include deciding who has access to personal data and encryption of personal data.
  2. The Council shall have in place, and keep under review, policies for the retention and safe destruction of all information (including personal data) which it holds in paper and electronic form. The Council’s retention policy shall confirm the period for which information (including personal data) shall be retained or if this is not possible the criteria used to determine that period (e.g. the Limitation Act 1980).
  3. The agenda, papers that support the agenda and the minutes of a meeting shall not disclose or otherwise undermine confidential information or personal data without legal justification.
  4. Councillors, staff, the Council’s contractors and agents shall not disclose confidential information or personal data without legal justification.

11. Draft Minutes

Full Council meetings                          FC

Committee meetings                            CM

Sub-committee meetings                     SC

 

a              If the draft minutes of a preceding meeting have been served on councillors with the agenda to attend the meeting at which they are due to be approved for accuracy, they shall be taken as read.
b              There shall be no discussion about the draft minutes of a preceding meeting except in relation to their accuracy. A motion to correct an inaccuracy in the draft minutes shall be moved in accordance with standing order 10(a)(i).
c              The accuracy of draft minutes, including any amendment(s) made to them, shall be confirmed by resolution and shall be signed by the chairman of the meeting and stand as an accurate record of the meeting to which the minutes relate.
d              If the chairman of the meeting does not consider the minutes to be an accurate record of the meeting to which they relate, he shall sign the minutes and include a paragraph in the following terms or to the same effect:

“The chairman of this meeting does not believe that the minutes of the meeting of the (   ) held on [date] in respect of (   ) were a correct record but his view was not upheld by the meeting and the minutes are confirmed as an accurate record of the proceedings.”

FC

CM

SC

 

e              If the Council’s gross annual income or expenditure (whichever is higher) does not exceed £25,000, it shall publish draft minutes on a website which is publicly accessible and free of charge not later than one month after the meeting has taken place.

12. Code Of Conduct and Dispensations

See also standing order 3(s).

  1. All councillors and non-councillors with voting rights shall observe the code of conduct adopted by the Council.
  2. Unless he has been granted a dispensation, a councillor or non-councillor with voting rights shall withdraw from a meeting when it is considering a matter in which he has a disclosable pecuniary interest. He may return to the meeting after it has considered the matter in which he had the interest.
  3. Unless he has been granted a dispensation, a councillor or non-councillor with voting rights shall withdraw from a meeting when it is considering a matter in which he has another interest if so required by the Council’s code of conduct. He may return to the meeting after it has considered the matter in which he had the interest.
  4. Dispensation requests shall be in writing and submitted to the Proper Officer as soon as possible before the meeting, or failing that, at the start of the meeting for which the dispensation is required.
  5. A decision as to whether to grant a dispensation shall be made by the Proper Officer and that decision is final.
  6. A dispensation request shall confirm:
    1. the description and the nature of the disclosable pecuniary interest or other interest to which the request for the dispensation relates;
    2. whether the dispensation is required to participate at a meeting in a discussion only or a discussion and a vote;
    3. the date of the meeting or the period (not exceeding four years) for which the dispensation is sought; and
    4. an explanation as to why the dispensation is sought.
  7. Subject to standing orders 12(d) and (f), a dispensation request shall be considered by the Proper Officer before the meeting or, if this is not possible, at the start of the meeting for which the dispensation is required.
  8. A dispensation may be granted in accordance with standing order 12(e) if having regard to all relevant circumstances any of the following apply:
    1. without the dispensation the number of persons prohibited from participating in the particular business would be so great a proportion of the meeting transacting the business as to impede the transaction of the business;
    2. granting the dispensation is in the interests of persons living in the Council’s area; or
    3. it is otherwise appropriate to grant a dispensation.

13. Code Of Conduct Complaints

  1. Upon notification by the District or Unitary Council that it is dealing with a complaint that a councillor or non-councillor with voting rights has breached the Council’s code of conduct, the Proper Officer shall, subject to standing order 10, report this to the Council.
  2. Where the notification in standing order 13(a) relates to a complaint made by the Proper Officer, the Proper Officer shall notify the Chairman of Council of this fact, and the Chairman shall nominate another staff member to assume the duties of the Proper Officer in relation to the complaint until it has been determined and the Council has agreed what action, if any, to take in accordance with standing order 13(d).
  3. The Council may:
    1. provide information or evidence where such disclosure is necessary to investigate the complaint or is a legal requirement;
    2. seek information relevant to the complaint from the person or body with statutory responsibility for investigation of the matter;
  4. Upon notification by the District or Unitary Council that a councillor or non-councillor with voting rights has breached the Council’s code of conduct, the Council shall consider what, if any, action to take against him. Such action excludes disqualification or suspension from office.

14. Proper Officer

  1. The Proper Officer shall be either (i) the clerk or (ii) other staff member(s) nominated by the Council to undertake the work of the Proper Officer when the Proper Officer is absent.
  2. The Proper Officer shall:
    1. at least three clear days before a meeting of the council, a committee or a sub-committee,
      • serve on councillors by delivery or post at their residences or by email authenticated in such manner as the Proper Officer thinks fit, a signed summons confirming the time, place and the agenda (provided the councillor has consented to service by email), and
      • Provide, in a conspicuous place, public notice of the time, place and agenda (provided that the public notice with agenda of an extraordinary meeting of the Council convened by councillors is signed by them).
        See standing order 3(b) for the meaning of clear days for a meeting of a full council and standing order 3(c) for the meaning of clear days for a meeting of a committee;
    2. subject to standing order 9, include on the agenda all motions in the order received unless a councillor has given written notice at least 7 days before the meeting confirming his withdrawal of it;
    3. convene a meeting of the Council for the election of a new Chairman of the Council, occasioned by a casual vacancy in his office;
    4. facilitate inspection of the minute book by local government electors;
    5. receive and retain copies of byelaws made by other local authorities;
    6. hold acceptance of office forms from councillors;
    7. hold a copy of every councillor’s register of interests;
    8. assist with responding to requests made under freedom of information legislation and rights exercisable under data protection legislation, in accordance with the Council’s relevant policies and procedures;
    9. liaise, as appropriate, with the Council’s Data Protection Officer (if there is one);
    10. receive and send general correspondence and notices on behalf of the Council except where there is a resolution to the contrary;
    11. assist in the organisation of, storage of, access to, security of and destruction of information held by the Council in paper and electronic form subject to the requirements of data protection and freedom of information legislation and other legitimate requirements (e.g. the Limitation Act 1980);
    12. arrange for legal deeds to be executed;
      (see also standing order 20);
    13. arrange or manage the prompt authorisation, approval, and instruction regarding any payments to be made by the Council in accordance with its financial regulations;
    14. record every planning application notified to the Council and the Council’s response to the local planning authority in a book for such purpose;
    15. refer a planning application received by the Council to the Chairman or in his absence the Vice-Chairman (if there is one) of the Council within two working days of receipt to facilitate an extraordinary meeting if the nature of a planning application requires consideration before the next ordinary meeting of the Council;
    16. manage access to information about the Council via the publication scheme.

15. Responsible Financial Officer

  1. The Council shall appoint appropriate staff member(s) to undertake the work of the Responsible Financial Officer when the Responsible Financial Officer is absent.

16. Accounts and Accounting Statements

  1. “Proper practices” in standing orders refer to the most recent version of “Governance and Accountability for Local Councils – a Practitioners’ Guide”.
  2. All payments by the Council shall be authorised, approved and paid in accordance with the law, proper practices and the Council’s financial regulations.
  3. As soon as possible after the financial year end at 31 March, the Responsible Financial Officer shall provide:
    1. each councillor with a statement summarising the Council’s receipts and payments (or income and expenditure) for the last quarter and the year to date for information; and
    2. to the Council the accounting statements for the year in the form of Section 2 of the annual governance and accountability return, as required by proper practices, for consideration and approval.
  4. The year-end accounting statements shall be prepared in accordance with proper practices and apply the form of accounts determined by the Council (receipts and payments, or income and expenditure) for the year to 31 March. A completed draft annual governance and accountability return shall be presented to all councillors at least 14 days prior to anticipated approval by the Council. The annual governance and accountability return of the Council, which is subject to external audit, including the annual governance statement, shall be presented to the Council for consideration and formal approval before 30 June.

17. Financial Controls And Procurement

  1. A public contract regulated by the Public Contracts Regulations 2015 with an estimated value in excess of £25,000 but less than the relevant thresholds referred to in standing order 17(b) is subject to the “light touch” arrangements under Regulations 109-114 of the Public Contracts Regulations 2015 unless it proposes to use an existing list of approved suppliers (framework agreement).
  2. Where the value of a contract is likely to exceed the threshold specified by the Office of Government Commerce from time to time, the Council must consider whether the Public Contracts Regulations 2015 or the Utilities Contracts Regulations 2016 apply to the contract and, if either of those Regulations apply, the Council must comply with procurement rules. NALC’s procurement guidance contains further details.

18. Responsibilities to Provide Information

See also standing order 19.

  1. In accordance with freedom of information legislation, the Council shall publish information in accordance with its publication scheme and respond to requests for information held by the Council.
  2. The Council shall publish information in accordance with the requirements of the Smaller Authorities (Transparency Requirements) (England) Regulations 2015.

19. Responsibilities Under Data Protection Legislation

(Below is not an exclusive list). See also standing order 10.

  1. The Council may appoint a Data Protection Officer.
  2. The Council shall have policies and procedures in place to respond to an individual exercising statutory rights concerning his personal data.
  3. The Council shall have a written policy in place for responding to and managing a personal data breach.
  4. The Council shall keep a record of all personal data breaches comprising the facts relating to the personal data breach, its effects and the remedial action taken.
  5. The Council shall ensure that information communicated in its privacy notice(s) is in an easily accessible and available form and kept up to date.
  6. The Council shall maintain a written record of its processing activities.

20. Execution and Sealing of Legal Deeds

See also standing orders 14(b)(xii) and (xvii).

  1. A legal deed shall not be executed on behalf of the Council unless authorised by a resolution.
  2. Subject to standing order 20(a), any two councillors may sign, on behalf of the Council, any deed required by law and the Proper Officer shall witness their signatures.

21. Communicating With District and County or Unitary Councillors

  1. An invitation to attend a meeting of the Council shall be sent, together with the agenda, to the ward councillor(s) of the District and County Council OR Unitary Council representing the area of the Council.
  2. Unless the Council determines otherwise, a copy of each letter sent to the District and County Council OR Unitary Council shall be sent to the ward councillor(s) representing the area of the Council.

22. Restrictions On Councillor Activities

  1. Unless duly authorised no councillor shall issue orders, instructions or directions.

23. Standing Orders Generally

  1. All or part of a standing order, except one that incorporates mandatory statutory or legal requirements, may be suspended by resolution in relation to the consideration of an item on the agenda for a meeting.
  2. A motion to add to or vary or revoke one or more of the Council’s standing orders, except one that incorporates mandatory statutory or legal requirements, shall be proposed by a special motion, the written notice by at least 3 councillors to be given to the Proper Officer in accordance with standing order 8.
  3. The Proper Officer shall provide a copy of the Council’s standing orders to a councillor as soon as possible.
  4. The decision of the chairman of a meeting as to the application of standing orders at the meeting shall be final.