STANDING ORDERS FOR BENNIWORTH PARISH COUNCIL
1. Councillors
1.1 Following election or co-option to the Council, each Councillor will be issued with a copy of the Code of Conduct (ELDC) and Standing Orders of the Council. They will sign the form of Declaration of Acceptance of Office in the presence of the Clerk of the Council, or a Councillor who has been specifically designated by the council for this purpose.
1.2 All Councillors will observe the Code of Conduct as per the ELDC guidelines at all times when on Council business, and no member will act in such a way that will bring the Council into disrepute, behave offensively in meetings or obstruct the Council’s business.
1.3 The Code of Conduct adopted by the Council will define when a Councillor will declare a Disclosable Pecuniary Interest or other interest in an item for discussion at a Council meeting. The Councillor will declare that interest and the nature of the interest at the earliest opportunity, regardless of whether it is on the Members Register of Interest or not.
2. Annual Meetings
2.1 If the Annual Meeting is in an election year it must be held within 14 days after that election. If it is not an election year then the Annual Meeting will take place on an appropriate day in May.
2.2 The Code of Conduct and Complaints Procedure is to be adopted at the AGM and will stand until revised. The current Complaints Procedure is that of ELDC but is to be reviewed.***
2.3 If the outgoing Chairman is available then he/she will preside until a new Chairman has been elected. The first business of the Annual Meeting will be the election of the Chairman (and Vice Chairman, if appropriate) and to receive their acceptance of office.
2.4 The retiring Chairman will report on the activities of the Council for the preceding year.
3. Meetings
3.1 Meetings will be held in appropriate, accessible accommodation. Unless no other accommodation is available the meetings will not be held in premises used for the supply of alcohol.
3.2 An agreed frequency of meetings will be decided at the Annual Meeting and Councillors will be advised of the meetings by the issue of a summons and agenda delivered by post or by hand. The agenda may be delivered by e-mail provided the Council has previously agreed to this. In any case, the agenda must be issued at least three clear business days before the meeting.
3.3 Public notices will be posted in conspicuous places informing members of the public of the venue, time, date and business to be transacted at the meeting. The notice will be posted at least three clear working days before the meeting.
3.4 Meetings will be open to the public and press but they may be temporarily excluded from the meeting if the business is regarded as confidential.
3.5 Members of the public may speak on specific topics at Council meetings at the discretion of the Chairman of the meeting.
3.6 The agenda for the meeting will be agreed by the Clerk, Chairman and Vice Chairman as appropriate. The agenda will always include an item to enable Councillors to declare interests, therefore the agenda will include a Declaration of Interest for each meeting. An opportunity for public comments will be made available immediately before the commencement of each meeting, comments to be minuted by the Clerk.
3.7 The Council may only take decisions on items clearly specified on the agenda; if agreed by the chairman, any urgent items which are not on the agenda may be discussed, but no decision may be made at that meeting, emergencies excluding.
3.8 The Chairman of the Council will preside at the meeting, and will be responsible for the conduct of the meeting. If the Chairman is not present then the Vice Chairman will preside. If they are not present then the first matter on the agenda will be the election of an appropriate Councillor who will chair the meeting. Whoever chairs the meeting will assume the duties of the Chairman for the meeting.
3.9 The quorum for the Council will be one third of the total Councillor places but in any case not fewer than 3. If there be insufficient members present then no business will be transacted and a fresh notice will be issued to reconvene the meeting at a later date.
3.10 If at any time during the meeting it ceases to be quorate, then the meeting will be adjourned and any further business carried forward to the meeting when next convened.
3.11 Voting by the meeting shall be by a show of hands unless a majority of Councillors wants a ballot. Only the proposer and seconder will be recorded in the minutes unless a Councillor requests that their vote is recorded. A Councillor may also request that the Clerk records how each Councillor has voted, including abstentions. Any request of this nature will be made before moving on to the next business.
3.12 In cases of equal votes, the Chairman (or other person presiding) will have a second or casting vote. The vote of the Chairman can be used even if the chair abstained on the first round.
3.13 Minutes of the meeting will be kept by the Clerk or other nominated person in the Clerk’s absence. The minutes, which are to be circulated within three weeks from the date of the meeting, will be draft minutes until they are approved by the Parish Council at their next meeting and signed by the person presiding at the meeting.
3.14 With regard to planning applications – if there is a Disclosable Personal Interest, a statement can be made to the Parish Council meeting but then the person must leave the meeting while discussions take place, and must have no involvement with the process.
4. Finance
4.1 Responsible Finance Office (RFO)
4.1.1 The Responsible Finance Officer is a statutory office and appointed by the Council. The Clerk of the Council will take on the role of the Responsible Finance Office and manage the Council’s financial affairs in accordance with Proper Practices.
5 Estimates and Precept
5.1 The RFO will compile estimates of income and expenditure annually for the Council’s consideration. The Council will review the budget not later than the end of December in preparation for the precept being agreed, and submitted to the Collection Authority in January. During the year the budget will be reviewed against actual expenditure and income, amendments to the budget will be discussed in council and changes minuted.
6 Income and Expenditure
6.1 The RFO will supply regular updates of income and expenditure throughout the year and detail actual figures against estimate. Significant underspends or overspends will be brought to the attention of the Council and action taken to address any discrepancies. Underspent revenue will be identified and earmarked to reserves by a Council resolution.
6.2 All decisions, must have a Proposer, Seconder, and be confirmed by a majority vote. This is not only relevant in matters of finance but for all matters where voting occurs.
7 Accounting and Audit
7.1 The RFO will determine all accounting procedures and financial records of the Council in accordance with the current Accounts and Audit Regulations.
7.2 The RFO will complete the annual financial statements of the council including the annual return as soon as practicable after the end of the financial year and will submit and report on them to the Council. The Council will review each year and insure that there is an adequate, effective system of internal audit of the Council’s accounting, financial and other procedures in line with Proper Practice.
7.3 An Internal Auditor will be appointed by the Council to carry out the work required to comply with the Proper Practice. The person appointed will be competent and independent of the operation of the Council.
7.4 The RFO will submit the Annual Return to the External Auditor by the due date, ensuring the return is complete.
8 Banking Arrangements and Cheques.
8.1 The Council’s banking arrangements, including the Bank Mandate, will be made by the RFO and approved by the Council. These will be regularly reviewed for efficiency. The Bank Mandate denotes the signatures required to authorize withdrawals.
8.2 A resolution of the Council will nominate at least three members to be authorized by the Council to sign cheques.
8.3 All items of expenditure will be authorized by the Council and the payments approved. The RFO will examine invoices and verify and certify the expenditure. Cheques will be completed for all transactions and signed by two authorized Councillors.
8.4 Any utility bill may be paid by Direct Debit provided that the instructions are signed by two authorized Councillors.
10 Loans and Investments
10.1 All loans and investments will be negotiated in the name of the Council and will be set for a period approved by the Council.
10.2 All borrowings will be in the name of the Council and will not be entered into until necessary approvals have been given. Any application will be approved by the Council, especially the terms and purpose. These terms must be reviewed annually.
10.3 All investments of money under the control of the Council will be in the name of the Council and all certificates or other documents will be retained by the RFO.
11 Contract and Purchase Orders
11.1 An official order or letter will be issued for all work or service paid for by the Council. All Councillors and officers are responsible for obtaining best value for money at all times. An officer placing an order on behalf of the council will ensure that good value and appropriate terms are obtained for the transaction.
11.2 Orders for values £200 to £2000 require a minimum or two quotations; for values above £2000 three quotations are required. Contracts exceeding £50,000 require additional safeguards and will follow Proper Practice.
11.3 All estimates will be approved by the Council; while the Council is not obliged to accept the lowest quotation the reasons for accepting the quotation will be recorded.
12 Assets
12.1 The RFO will ensure that an appropriate and accurate Register of Assets is maintained by the Council. It will be reviewed at least annually, in conjunction with a health and safety inspection of assets if appropriate.
13 VAT
13.1 The RFO will promptly compete any VAT Return that is required. Any repayment claim due in accordance with the VAT Act 1994 section 33 will be made at least annually coinciding with the financial year.
14. Insurance
14.1 Following the annual risk assessment, the Council will review the level of insurance cover and ensure it is adequate and appropriate for the activities of the Council. Minimum cover will include Public Liability, Employers Liability if applicable, Money and Fidelity.
15. Risk Assessment
15.1 A Risk Assessment Officer will be appointed annually by the Council, and a risk assessment will be undertaken annually of all the activities of the Council and a report approved by the Council. This assessment will also cover the appropriateness of the internal audit arrangements. The Risk Assessment will be as and when required.
15.2 If the Council undertakes a new activity not covered by the existing risk assessment, an assessment will be undertaken before the activity commences.
15.3 Various Risk Assessment templates found on the Internet could be used or the appointed Officer could devise their own form to be approved by Council.
16. Freedom of Information
16.1 The Council is subject to:- Freedom of Information Act 2000 Data Protection Act 1998 Equality Act 2010 The Council is aware of its duties and responsibilities under this legislation and current up-to-date information on these Acts can be found on the Internet.
17. Clerk to the Council
17.1 The Council will appoint a Clerk to the Council. The Clerk is the Proper Officer and their role is that of a statutory office holder having duties to assist Council in all administrative matters and ensure that the Council operates within the law.
17.2 As the Proper Officer, the Clerk will:- Receive the Declarations of Acceptance of Office and notices disclosing interests. Sign documents on behalf of the Council and issue agendas and notices of meetings. Receive and distribute plans and documents on behalf of the Council. Advise the bank of changes to mandates with the bank.
17.3 The Clerk will act as the Responsible Financial Officer
18. Committees and task and finish groups
18.1 The council from time to time may set up committees and task-and-finish groups to undertake work on behalf of the Council. The Council will set their Terms of Reference and they will report periodically to the Council.
19. Emergency Business
19.1 Should it not be appropriate to convene a special meeting then any emergency business will be handled by the Clerk, in consultation with the Chairman or Vice Chairman and one other Councillor. Actions will be reported promptly to the Council.
20. Retention of Documents
20.1 Documents are to be stored in a safe place and kept as per current statutory limits.
21. Standing Orders
21.1 These and any other standing orders will be reviewed annually by the Clerk and the Chairman, and any amendments will be agreed by the Council, at the Annual General Meeting. In cases of doubt the Council will seek the advice of ELDC.
21.2 The Council may resolve to suspend a Standing Order, in order to progress the business of the Council, and such decision will be included in the minutes.
*** The ELDC Monitoring Officer states we should have our own Complaints Procedure. The
Clerk will investigate with the Lincolnshire Association of Local Councils (LALC) to find an
appropriate format for Benniworth.