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1 | Introduction | ||
| 1.1 |
This document defines the rules that govern the business of Frodsham Town Council (FTC) | |
| 1.2 | Text in blue signifies statutory requirements. | |
2 | Meetings | ||
| 2.1 | General | |
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| a |
Meetings of FTC and its Committees will be held on dates, at times and at venues as described in the following Standing Orders (SOs). |
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| b |
Smoking will not be permitted at any meeting |
| 2.2 | Annual General Meeting (AGM) | |
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| a. |
Frequency, Date & Time |
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| b. |
Venue: The AGM will be held at a venue that facilitates accommodation of public & press. |
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| c. |
Notice of Meeting: Agenda for the meeting will be published and placed in the public domain no later than 10 calendar days before the date of the meeting. |
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| d. |
Order of Business: |
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| e. |
Chairman: The person presiding at the meeting may exercise all the powers & duties of the Chairman in relation to the conduct of the meeting. |
| 2.3 | Annual Precept Meeting (APM) | |
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| a. |
Frequency, Date, Time & Venue: The APM will be held on a day in January as directed by FTC. |
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| b. |
Notice of Meeting: Agenda for the meeting will be published and placed in the public domain no later than 10 calendar days before the date of the meeting. |
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| c. |
Order of Business: |
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| 2.4 | Annual Precept Meeting (APM) | |
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| a. |
Frequency, Date & Time: The ATM will be held on a day in May as directed by FTC. |
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| b. |
Venue: The ATM will be held at a venue that facilitates accommodation of public & press. |
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| c. |
Notice of Meeting: Agenda for the meeting will be published and placed in the public domain no later than 14 calendar days before the date of the meeting. |
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| d |
Order of Business: |
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| 2.5 | Ordinary Meetings | |
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| a. |
Frequency: At least three meetings must be held in each year. Normally, FTC will meet monthly from September to July (11 Ordinary Meetings per year). (See also SO 2.6.) |
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| b. |
Dates: Meetings will normally be held on the 4th Monday of each month. The meeting in December will be on a day as directed by FTC. There will be no meeting in August. |
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| c. |
Times: Meetings will normally start at 19.30 and last for no longer than 2˝ hours. This SO may be suspended to extend the meeting by no more than 20 minutes by resolution. |
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| d. |
Venues: Meetings will be held at a venue that facilitates accommodation of public & press. |
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| e. |
Notice of Meeting: Agenda for the meeting will be published and placed in the public domain no later than seven calendar days before the date of the meeting. |
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| f |
Order of Business: |
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| 2.6 | Extra-Ordinary Meetings | |
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| a. |
FTC may convene Extra-ordinary meetings to deal with unforeseen urgent issues. |
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| b. |
These meetings: |
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| c. |
The summons for such a meeting will set out the business to be considered and no other business will be transacted at the meeting. |
| 2.7 | Meetings of Trustees of Charitable Trusts | |
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| a. |
In its role of Trustee, FTC may convene meetings for the administration of the following: |
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| b. |
Frequency, Date, Time, Venue & Business: The meetings will be held as directed by FTC.: |
| 2.8 | Quorum for Meetings | |
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| a. |
The quorum will be the greater of three Members or one-third of membership.“ (Note: If more than one-third of the members are disqualified at the same time, the quorum will be the greater of three or one-third of the qualified members until such time as the membership is increased to not less than two-thirds of the total.)” |
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| b. |
If a quorum is not present, or if the number of Members (excluding those who are debarred by reason of a declared prejudicial interest) present at a meeting falls below the required quorum, the meeting will be adjourned. |
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| c. |
Any outstanding business will be transacted at the next meeting or on a day as directed by the Chairman. |
| 2.9 | Alteration to Order of Business at Meetings | |
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| a. |
A motion to vary the order of business on the grounds of urgency may be proposed by the Chairman or by a Member |
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| b. |
A motion proposed by the Chairman will be put to the vote without being seconded and without discussion. |
| 2.10 | Voting at Meetings | |
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| a. |
Members will normally vote by show of hands. |
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| b. |
Voting will be by signed ballot if requested by at least two Members before the vote is taken. |
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| c. |
At the request of a Member, The Clerk/Nominated Officer will record the names of Members and their preferences ( For, Against or Abstention). The request for recording the vote may be made before or after the vote is taken, but must be made before the meeting moves on to the next business. |
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| d. |
The Chairman may cast an Original Vote subject to the following conditions: |
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The Chairman may cast a Casting Vote in any case of equality of votes whether or not he/she cast an Original Vote. |
| 2.11 | Rules Of Debate At Meetings | |
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There will be no discussion about the Acceptance of Minutes (SO 2.5.f.iii) except about their accuracy. Any corrections/ changes to the Minutes will be recorded in the Minutes of the FTC meeting that ratifies and adopts them. |
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| b. |
If the Chairman rises during a debate, Members will remain seated and be silent. |
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| c. |
Members will raise their hands to signify their wish to speak and, when called to speak, will address the Chairman. |
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If two or more Members wish to speak, the Chairman will decide the order in which to call them. |
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There will be no discussion about the ruling of the Chairman on a point of order or on the admissibility of a personal explanation. |
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| f. |
No speech will exceed five minutes except by consent of the meeting. |
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| g. |
The mover of a resolution/amendment will have a right of reply not exceeding three minutes. |
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The mover of a resolution will not speak more than once on the resolution without leave of the meeting except: |
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The seconder of a resolution/amendment may reserve his/her speech until a later period in the debate. |
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A Member’s speech will be relevant to: |
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| k. |
An amendment will be either: |
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| l. |
An amendment will not have the effect of negating the motion under discussion. |
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| m. |
If an amendment is carried, the ‘resolution as amended’ will take the place of the original resolution and will be the resolution upon which further amendments may be moved. |
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| n. |
A further amendment will not be moved until all previously moved amendments have been disposed of. |
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| o. |
A Member wishing to make a point of order or a personal explanation will be heard forthwith. |
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A personal explanation must refer to a material part of a former speech, which may have been misunderstood. |
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| q. |
The proposer may withdraw a resolution/amendment with the consent of FTC, which will be signified without discussion. |
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No Member may speak upon a resolution/amendment after the proposer has sought permission to withdraw it unless such permission has been refused. |
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When a resolution is under debate, no other resolution will be moved except the following: |
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| 2.12 | Questions | |
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All questions concerning the business of FTC will be directed through the Chairman. |
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Three calendar days’ notice of the question must be given to the Member/Officer responsible for the subject of the question. |
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Every question will be put and answered without discussion. |
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A person to whom a question has been put may decline to answer. |
| 2.13 | Closure | |
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At the end of any speech a Member may, without comment, move that |
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If such motion is seconded, the Chairman will put the motion. The following provisos apply: |
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3 | Resolutions & Recommendations | ||
| 3.1 | General | |
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| a. |
Resolutions and/or recommendations must relate to items that are relevant to FTC’s jurisdiction. |
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| b. |
Moving of resolutions must be by prior notice except: |
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| 3.2 | Resolutions Moved On Notice | |
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The mover must give written notice of the terms of the resolution to the Clerk/Nominated Officer no later than five working days before the meeting at which it is to be moved. |
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The Clerk/Nominated Officer will date & consecutively number every notice on receipt and will maintain a record of such notices, which will be open to inspection by Members. |
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The Clerk/Nominated Officer will include all properly notified resolutions/recommendations in the Agenda in the order of their receipt unless: |
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After being moved and seconded, resolutions relating to subjects in the province of a Committee will normally be referred to the appropriate Committee for consideration and report without discussion. In exceptional circumstances, the Chairman may allow such a resolution to be discussed at the meeting at which it was moved in view of the subject’s urgency. |
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If a resolution is not moved, it will be treated as ‘withdrawn’ and will not be moved without a new notice unless FTC determines it as ‘postponed’. |
| 3.3 | Resolutions Moved Without Notice | |
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Resolutions dealing with the following matters may be moved without notice: |
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| 3.4 | Resolutions & Discussions Affecting Employees | |
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Questions relating to the appointment, conduct, promotion, dismissal, salary or conditions of service of employees of FTC will not be considered until the Council or Committee (as the case may be) has decided whether or not the public & press will be excluded (see SO 5). |
| 3.5 | Resolutions On Expenditure | |
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| a. |
Orders for the payment of money will be authorised by resolution of FTC and signed by three authorised persons, including at least rwo Members. |
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| b. |
A motion will stand adjourned, without discussion, to the next Ordinary Meeting of FTC after being proposed & seconded if, in the opinion of the Chairman, it would, if carried: |
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Any Committee affected by such a motion will consider whether it wishes to report on it. |
| 3.6 | Resolutions on Sealing Of Documents | |
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A document will not be sealed on behalf of FTC unless its sealing has been authorised by a resolution. |
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FTC’s common seal alone will be used for sealing documents. The Proper Officer will apply the seal in the presence of two Members, who will sign the document as witnesses. |
| 3.7 | Mover’s Right Of Reply | |
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The mover of a resolution will have a right of reply immediately before the resolution is put to the vote. |
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If an amendment is proposed, the mover of the amendment will have a right of reply immediately before the amendment is put to the vote. |
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A Member exercising a right of reply will not introduce a new matter. |
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After the right to reply has been exercised or waived, a vote will be taken without further discussion. |
| 3.8 | Alteration Of A Resolution | |
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A Member may, with the consent of his/her seconder, move amendments to his/her own resolution. |
| 3.9 | Rescission Of A Previous Resolution | |
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A decision of FTC, whether affirmative or negative, will not be reversed within six months save by a special resolution. |
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Written notice of the special resolution must be signed by at least four Members. |
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When a resolution has been disposed of, a resolution with the same or similar outcome may not be moved within six months. |
4 | Role of The Proper Officer | ||
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Where a statute, regulation or order confers a function or duty on the Proper Officer of FTC in the following cases, he/she will be the Clerk or Nominated Officer: | ||
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To receive declarations of acceptance-of-office; |
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To receive & record notices disclosing personal & prejudicial interests; |
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To receive & retain plans & documents; |
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To sign notices or other documents on behalf of FTC; |
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To receive copies of bylaws made by Vale Royal Borough Council; |
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To certify copies of bylaws made by FTC; |
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To sign summons to attend FTC’s meetings; and |
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To keep proper records of all FTC’s meetings |
5 | Rights of Public & Press | ||
| 5.1 | The Public | |
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| a. |
Members of the public are entitled to be admitted to all meetings of FTC and its Committees & Sub-committees. The meeting will be adjourned for a specified time to allow the public to speak and then reconvened. |
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In compliance of the Public Bodies (Admission To Meetings) Act 1960 (as extended by S.100 of the Local Government Act 1972), the public and accredited representatives of newspapers will be excluded from the meeting for specified items of business on the grounds that it involves the likely disclosure of exempt information as defined in Part 1 of Schedule 12a of the Local Government Act 1972 by virtue of the paragraph specified against the item |
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FTC will exclude the public via the following resolution: |
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“That in view of the [special] [confidential] nature of the business about to be transacted, it is advisable in the public interest that the public be temporarily excluded and they are instructed to withdraw.” |
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FTC will state the reason for exclusion. |
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At all meetings of FTC, the Chairman may, at his/her discretion and at a convenient time in the transaction of business, allow any member(s) of the public to address the meeting in relation to the business to be transacted. Such sessions form part of the Council meeting in law and will be duly minuted. The Code of Conduct adopted by FTC on 29 May 2007 will apply to Members of FTC in respect of the entire meeting. Where, however, FTC Members exercise their rights pursuant to SO 6.1.c, members of the public shall be allowed to attend the meeting to:: |
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relating to the business to be transacted |
| 5.2 | The Press | |
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Representatives of the press are entitled to be admitted to all meetings of FTC and its Committees & Sub-committees for the purpose of recording proceedings of the meeting. |
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FTC will temporarily exclude the press In compliance of S100 (4) of the Local Government Act 1972 (provisions of SO 5.1.b apply). |
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The Clerk/Nominated Officer will arrange for reasonable facilities for the representatives of the press. |
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Normally, FTC will not permit audio/video recording or still photography at meetings. In exceptional circumstances, press representatives must obtain FTC’s prior permission for the use of specific recording equipment.: |
6 | Members’ Conduct | ||
| 6.1 | Declaration of Interests | |
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The Clerk/Nominated Officer will hold a copy of the Register of Members’ Interest in accordance with the instructions received from the Monitoring Officer of the Responsible Authority and/or as required by statute. |
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If a Member has a personal interest as defined by the Code of Conduct adopted by FTC, he/she will declare such interest as soon as it becomes apparent, disclosing the nature and extent of that interest as required. |
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At all meetings of FTC, the Chairman may permit FTC Members (including Co-opted Members as defined by S49 (7) of the Local Government Act 2000) who have a prejudicial interest in relation to any item of business to be transacted at that meeting to: |
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relating to the business to be transacted. Such sessions form part of the Council meeting in law and will be duly minuted. The Code of Conduct adopted by FTC on 29 May 2007 will apply to Members of FTC in respect of the entire meeting |
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If a candidate for an appointment to a post under FTC is, to his/her knowledge, related to a holder of a post under FTC or a Member of FTC, he/she and the person to whom he/she is related must disclose the relationship in writing to FTC. A candidate, who fails to do so will be disqualified for such appointment and, if appointed, may be dismissed without notice. |
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The Clerk/Nominated Officer will report to the Council or to the appropriate Committee any such disclosure made under SO 6.1.e. |
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The Clerk/Nominated Officer will make known the purport of SO 6.1.e to every candidate for an appointment to a post under FTC. |
| 6.2 | Canvassing Of and Recommendations By Members | |
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Canvassing of Members of FTC or of any of its Committees/Sub-committees, directly or indirectly, by a candidate for an appointment to a post under FTC will disqualify the candidate for such appointment. The Clerk/Nominated Officer will make known the purport of this SO to every candidate. |
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A Member of FTC or of any of its Committees/Sub-committees will not: |
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Member of FTC or of any of its Committees/Sub-committees may give a written testimonial of a candidate’s ability, experience or character for submission to FTC with an application for appointment to a post under FTC. |
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SOs 6.1.a & 6.2.a - c will apply to tenders as if the person making the tender were a candidate for appointment. |
| 6.3 | Disorderly Conduct | |
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All Members must behave in a manner consistent with the Code of Conduct adopted by FTC on 25 March 2002 and a copy of which is annexed to these SOs. |
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At meetings, a Member will not: |
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If, in the opinion of the Chairman, a Member has broken the provisions of 6.3.a – b, the Chairman will express that opinion to the Council. Thereafter, any Member may move that the named Member ‘be no longer heard’ or ‘do leave the meeting’. The motion, if seconded, will be put forthwith and without discussion. |
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If the outcome of the motion (SO 6.3.c) is disregarded, the Chairman may suspend the meeting or take further reasonable steps necessary to enforce the outcome. |
| 6.4 | Unauthorised Activities | |
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Unless authorised by FTC or the relevant Committee, Sub-committee or Working Group, no Member will in the name of or on behalf of FTC: |
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7 | Dealing With Complaints | ||
| 7.1 | FTC will deal with complaints of mal-administration, allegedly committed by the Council or by any Officer or Member, in such manner as adopted by FTC except for those complaints, which should be properly directed to the Standards Board for consideration. | |
8 | Appointing a Member to a Post | ||
| 8.1 | Where more than two Members have been nominated for any position to be filled by FTC and of the votes given there is not an absolute majority in favour of one person, the name of the person with the least number of votes will be struck off the list and a fresh vote taken. This process will be repeated until a majority of votes is given in favour of one person. | |
9 |
Committees, Sub-committees & Working Groups | ||
| 9.1 | Appointment | |
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FTC may appoint Committees, Sub-committees & Working Groups at its AGM, |
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FTC may, at any time, appoint such other Committees, Sub-committees & Working Groups, as it deems necessary. |
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A Committee may appoint Sub-committee(s) and/or Working Group(s) for specified purpose(s) with the approval of FTC. |
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All Committees will work within the Terms of Reference agreed by FTC. |
| 9.2 | Terms of Reference | |
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The Clerk/Nominated Officer will inform the members of each Committee of its Terms of Reference. |
| 9.3 | Membership | |
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FTC will appoint no more than seven elected Members of the Council as members of a Committee. |
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The Mayor & Deputy Mayor, when not appointed as members of a Committee by FTC, will be ‘ex-officio members’ of each Committee. |
| 9.4 | Members’ Term of Office | |
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Member(s) of Committees/Sub-committees will hold office till the next AGM. |
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Members of Working Groups will hold office for a period necessary for the completion of the defined purpose(s). |
| 9.5 | Order of Business at First Meeting of the Committee/Sub-Committee | |
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Election of a Chairman and, if necessary, a Vice-chairman to hold office until the next AGM; and |
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Production of a timetable of meetings for the year. |
| 9.6 | Quorum | |
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The quorum of a Committee or a Sub-committee will be the greater of one-third of its membership or three members, one of whom must be an elected Member of FTC. |
| 9.7 | Declaration of Interests | |
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SOs 6.1.b - c will apply. |
| 9.8 | Voting | |
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Members of Committees & Sub-committees will vote by a show of hands. |
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Chairmen of Committees & Sub-committees will, in the case of an equality of votes, have a second or Casting Vote. |
| 9.9 | Rules of Debate | |
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SO 2.11 will apply. |
| 9.10 | Questions | |
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At a meeting of FTC, any Member may ask the Chairman of a Committee a question about the proceedings of the Committee then before the Council. The question may be put with or without notice but must be put before conclusion of consideration of those proceedings by FTC. |
| 9.11 | Recommendations | |
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A Committee may make recommendations and give notice thereof to FTC. |
| 9.12 | Expenditure | |
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Committees with budget allocations will produce written estimates of proposed expenditure for the next financial year for submission to FTC for approval no later than FTC’s meeting in November of the current year. |
| 9.13 | Special Meetings | |
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A special meeting of a Committee may be summoned at any time by: |
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The summons will set out the business to be considered at the special meeting and no other business will be transacted at that meeting. |
| 9.14 | Presence Of Non-members of Committees At Committee Meetings | |
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A Member who has proposed a motion, which has been referred to any Committee of which he/she is not a member, may explain his motion to the Committee but will not vote. |
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Any FTC Member will be entitled to be present at the meetings of any Committee or Sub-committee of which he/she is not a member. He/she will be allowed to speak, if invited to do so by the Chairman of that Committee/Sub-committee, but will not vote |
| 9.15 | Dissolution or Alteration | |
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Subject to the provisions of SO 9.3, FTC may dissolve, or alter the membership of, a Committee at any time. |
10 | Accounts & Financial Statements | ||
| 10.1 | Except as provided in SO 10.2, all accounts for payments & claims will be laid before the Council. | |
| 10.2 | Where it is necessary to make a payment before it has been authorised by FTC, it will be certified as to its correctness and urgency by the appropriate Officer, unless it has been authorised by: | |
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The Committee, if any, having charge of the business to which it relates; or |
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By the Mayor or Deputy Mayor. |
| 10.3 | All payments authorised under SO 10.2 or made without authority of FTC will be included separately in the next Schedule of Payments laid before the Council. | |
| 10.4 | The Responsible Financial Officer will supply to each Member, at the next ordinary meeting after the end of the Financial Year, a Statement of Receipts & Payments. | |
11 | Contracts | ||
| (See Financial Regulations) | ||
12 | Planning Applications | ||
| 12.1 | Record of Planning Applications | |
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On receipt of notification of a planning application, the Clerk/Nominated Officer will record the following particulars: |
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Planning Application Number; |
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Date of receipt |
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Date on which FTC’s comments must reach Vale Royal Borough Council; |
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Applicant’s name; |
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Address of location to which the application relates; and |
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A summary of the proposal |
| 12.2 | Consideration of Planning Applications | |
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The Clerk/Nominated Officer will refer the planning applications to the Ward Councillors in accordance with the Street Allocation List. |
| 12.3 | Submission of FTC’s Comments to VRBC | |
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If the due date precedes FTC’s next Ordinary Meeting, the respective Councillor may submit his/her comments under delegated powers. |
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If the due date follows FTC’s next Ordinary Meeting, the respective Councillor will report his/her comments at the meeting for inclusion in FTC’s submission. In exceptional circumstances, FTC may confer delegated powers to a Councillor for further consideration of a proposal. |
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In the case of a substantial development, FTC may request an extension of the consultation period to enable Councillor(s) to give due consideration to the proposal. |
13 | Distribution of Documents To Members | ||
| 13.1 | The Clerk/Nominated Officer will give a copy of the latest version of each of the following documents to all Member of FTC:. | |
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| a | Form of Declaration of Acceptance of Office and Undertaking to Comply with the Code of Conduct adopted by FTC (to newly elected Members); |
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| b | Standing Orders (this document); |
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| c | Code of Conduct as adopted by FTC; |
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| d | FTC’s Aims & Objectives; |
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| e | Financial Regulations; and |
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| f | Councillors’ Street Allocation List |
14 | Inspection of Documents | ||
| 14.1 | All documents pertaining to FTC’s services & organisation in FTC’s possession will be available for inspection by Members in the pursuance of their duties and copies of these documents, where available, will be supplied on request.. | |
| 14.2 | All Minutes kept by FTC and its Committees, Sub-committees & Working Groups will be available for inspection by Members. | |
| 14.3 | All documents, which are in the public domain, in FTC's possession will be available for inspection by the public. | |
15 |
Liaison With County & Borough Councillors | ||
| 15.1 | Notices of all FTC meetings, together with an invitation to attend, will be sent to the County and Borough Councillors for the appropriate Division/Ward (s). | |
| 15.2 | Unless FTC directs otherwise, letters sent to the County Council and/or Planning Authority on behalf of FTC will be copied to the County Councillor for the Division and/or to the Borough Councillor for the Ward respectively. | |
16 |
Variation, Revocation & Suspension Of Standing Orders | ||
| 16.1 | Any or every part of the SOs, except those that are indicated as statutory requirements, may be suspended by resolution in relation to any specific item of business | |
| 16.2 | Any resolution to permanently add, vary or revoke a SO will, when proposed and seconded, stand adjourned without discussion to the next ordinary meeting of FTC | |
Approved by FTC at its meeting held on 28 January 2008 | |||
