COUNTY COUNCIL

18 JUNE 2001

REPORT OF THE CHIEF EXECUTIVE

CHAIRMAN AND VICE-CHAIRMAN OF THE COUNCIL (ITEMS 1 + 2)


1. Standing Order 30(a) states that the Council shall, at its Annual Meeting each year, elect a Chairman and appoint a Vice-Chairman of the Council.

Nominations will be circulated.


THE COUNTY COUNCIL'S CONSTITUTION (ITEM 7)

2. At a special meeting on 30 March 2001 the County Council approved its Constitution pursuant to the requirements of the Local Government Act 2000. Given advice from the Department of the Environment, Transport and the Regions at the time, however, the County Council did not agree a date on which to implement the new Constitution. Implementation of the new Constitution from 1 September 2001 is now recommended.


3. A number of key issues need further attention, however, and these are considered in the following sections.

RECOMMENDATION:

That the County Council's Constitution be approved for implementation with effect from 1 September 2001.

RULES OF PROCEDURE/CODES AND PROTOCOLS (ITEM 7)

4. These comprise subsidiary documents to the Constitution to be read as part of the Constitution. They are largely complete but in some cases details remain to be attended to. In relation to Contract Standing Orders and Financial Regulations, it is proposed that these be approved by the Policy and Resources Committee on 17 July. It is also proposed that the Chief Executive and the Chairman of the Policy and Resources Committee be authorised to approve Procedural Standing Orders, the Access to Information Protocol and any other documents needing approval on the County Council's behalf for submission to the Secretary of State. The documents and their status are as follows:

(i) Members Code of Conduct - use existing code previously adopted by the County Council pending introduction of Statutory Code;

(ii) Member/Officer relations protocol - use existing protocol

previously adopted by the County Council pending the need for change;


(iii) Officers' Code of Conduct - use existing code previously adopted by the County Council pending the need for change;


(iv) Procedural Standing Orders - attached as Appendix 1 and submitted for outline approval;


(v) Contract Standing Orders and Financial Regulations - to be considered by Policy and Resources Committee on 17 July 2001.


(vi) Access to Information Protocol - attached as Appendix II and submitted for outline approval.

5. When the final drafts are ready copies will be circulated to all members of the

County Council.

6. An analysis of the outcome of the consultation exercise which contributed to the County Council's decision to adopt the Leader with Cabinet model is also required to be submitted and will be circulated to members for information. The Members Allowances Scheme has previously been approved and will be submitted to the Secretary of State with a copy being sent to all members of the Council.

RECOMMENDATION:

That the Policy and Resources Committee be authorised to approve Contract Standing Orders and Financial Regulations at its meeting in July; that the Chief Executive in consultation with the Chairman of the Policy and Resources Committee be authorised to approve Procedural Standing Orders, the Access to Information Protocol any other documents that require to be adopted by the Council prior to or immediately subsequent to the implementation of the new constitutional arrangements for submission to the Secretary of State; and that the existing members Code of Conduct, Officers' Code of Conduct and Member/Officer Relations Protocol together with the previously approved Members' Allowances Scheme be submitted to the Secretary of State.


THE COUNTY COUNCIL'S FORWARD PLAN AND KEY DECISIONS

(ITEM 7)

7. The Local Government Act 2000 and associated Regulations impose new requirements on the County Council in relation to decision making.

8. The Local Authorities (Executive Arrangements) (Access to Information) (England) Regulations 2000 require the County Council to produce a Forward Plan containing matters likely to be subject of a key decision in the following 4 month period, the Plan to be updated and published monthly. This will be the Chief Executive's responsibility in consultation with members of the Executive and Chief Officers. Given implementation of the new Constitution from 1 September 2001 the first Forward Plan must be published by 1 August. This will require its completion by mid-July to allow for publication requirements. In the circumstances, therefore, the Chief Executive will consult with Programme Area Committee Chairmen and Chief Officers in relation to the first Forward Plans and with the appropriate Executive member and the Leader of the County Council after 1 September.

9. Key decisions have been defined by the Government as Executive decisions which are likely:

i) to result in the local authority incurring expenditure which is, or the making of savings which are, significant having regard to the local authority's budget for the service or function to which the decision relates; or


ii) to be significant in terms of its effects on communities living or working in the area.

10. The Government is currently consulting on this definition and has indicated that it is considering different thresholds for different types of local authority and different functions in order to ensure consistency. This approach has considerable potential for further excessive bureaucracy, complexity and uncertainty resulting in a lack of transparency. The Secretary of State has been informed accordingly by the Chief Executive after consultation with the Leader of the Council.

11. In the meantime, to operate the new Constitution the County Council must set its own parameters which, in terms of financial limits, (para 9(i) above) it is suggested should be £0.5m, in line with the existing limit for project appraisals considered by the Buildings Grounds and Contracts Panel, or 25% of the relevant budget whichever is the greater.


12. Pending Government guidance as to what would or would not constitute an issue likely to have a significant effect on communities, it is proposed that this be left to the discretion of the Chief Executive in consultation with the relevant committee chairman and the Leader of the Council to determine.

RECOMMENDATION:

That, pending review as required in the light of Government guidance, the County Council's financial thresholds in relation to key decisions be £0.5m or 25% of the relevant budget whichever is the greater in relation to expenditure and savings and that, in relation to the significance of decisions in terms of their effects on communities living or working in the area, the Chief Executive, in consultation with the appropriate executive member and the Leader of the County Council be authorised to make determinations.

STRATEGIC AND POLICY FRAMEWORK (ITEM 7)

13. The new Constitution provides that only the County Council may agree and adopt the following plans and strategies that together constitute the Policy Framework:-


Revenue and Capital Budget

Annual Library Plan

Best Value Performance Plan

Children's Services Plan

Community Care Plan

Community Strategy

Crime and Disorder Reduction Strategy

Early Years' Development Plan

Education Development Plan

Local Transport Plan

Plans and Strategies which together comprise the Development Plan

Youth Justice Plan

14. In addition, the following plans are required by the Local Authorities (Functions and Responsibilities) (England) Regulations 2000 and Regulations under Section 32 of the Local Government Act 2000 to be adopted by the County Council:

The Corporate Strategy

Quality Protects Action Plan

Adult Learning Plan

Sustainability Strategy (Local Agenda 21 Strategy)

15. The following are plans and strategies recommended by the Department of the Environment, Transport and the Regions to be adopted by the County Council as part of its policy framework:

People Strategy

Economic Strategy

Treasury Management Strategy

Asset Management Plan

Capital Strategy

Strategy for the Built Estate

Behaviour Support Plan

Life Long Learning Development Plan

Food Standards Plan

16. The above are matters of local choice and may be added to if the Council considers that appropriate.

17. The County Council already has in place many of these plans and, for the purposes of the new Constitution, the Council is recommended now to adopt those currently in operation as its strategic and policy framework for the time being, i.e. all those listed with the exception of the Community Strategy, Economic Strategy, People Strategy and the Food Standards Plan, all of which are in the course of preparation.

RECOMMENDATION:


That, subject to such changes as may from time to time be made by the Council, the approved plans and strategies listed above be adopted by the Council in accordance with the provisions of the new Constitution to take effect from 1 September 2001 and become the Council's Policy Framework in accordance with Chapter 4 of the Constitution.

APPOINTMENT OF COMMITTEES (ITEMS 8 + 9)

18. To ensure the effective conduct of the County Council's business between

now and the introduction of the new Constitution it is proposed to re-establish the five programme area committees which in turn should appoint only those sub-committees and panels for which business has been identified. In accordance with the provisions of the Local Government and Housing Act 1989 places on these committees, sub-committees and panels are allocated according to the relative size of political groups on the Council as a whole.


19. Following the County Council elections on 7 June overall proportionality between the political groups is as follows:-

Conservative Liberal Democrat Labour


46 19 9



20. To comply with proportionality rules, suggested sizes for each of the committees, sub-committees and panels required pending introduction of the new Constitution are shown below in paragraph 22. Given the need to meet statutory requirements in relation to non-elected members of the Education Committee who have voting rights, distortion of true proportionality is inevitable. In this respect recommendations are made in relation to the appointment of Church of England and Roman Catholic Church co-opted members to the Education Committee.


21. The Council is also asked to appoint the Chairmen of the programme area committees pursuant to Standing Order 30 (b). It is recommended that the vice-chairmen assume chairmanship of the Policy Review Committees when the new Constitution takes effect. The Leader will appoint the members of the Cabinet and will notify the Chief Executive. The Chief Executive will inform all County Councillors of the appointments forthwith.


Nominations will be circulated.


22. The Committees to be appointed and their proposed sizes and composition are as follows:-

Nominations will be circulated:
Con Lib Dem Lab

Policy and Resources Committee (24) 15 6 3

Asset Management Sub-Committee (10) 6 3 1

Standards and Procedures Sub-Committee (10) 6 3 1

South Hampshire Rapid

Transit Procurement Joint Panel (5) 3 1 1

Best Value Review Panel 5 2 1

(Policy and Resources) (8)

Best Value Review Panel (Education) (8) 5 2 1

Best Value Review Panel (Planning and 5 2 1

Transportation) (8)

Best Value Review Panel (Recreation and 5 2 1

Heritage) (8)

Best Value Review Panel 5 2 1

(Social Services) (8)

Pension Appeals Panel (5) 3 1 1

Pension Fund Panel (8) 5 2 1

Education Committee (26) 17 6 3

Youth Service Sub-Committee (9) 6 2 1
Schools Monitoring sub-Committee (11) 7 3 1

School Transport Appeals Panel (10) 6 3 1
SACRE (4) 2 1 1

Planning and Transportation Committee (24) 15 6 3
Roads and Development Sub-Committee (17) 11 4 2

Strategic Planning Joint Advisory Panel (5) 3 1 1

Basingstoke Environmental Strategy

for Transport Panel (3) 2 1 0

North East Hampshire Transportation

Strategy Panel (5) 3 1 1

South East Hampshire Transportation 3 1 1

Strategy Panel (5)

Southampton Area Transport

Strategy Panel (5) 3 1 1

Recreation and Heritage Committee (24) 15 6 3

Rights of Way Panel (11) 7 3 1
River Hamble Harbour Management 7 3 1

Sub-Committee (11)

Social Services Committee (24) 15 6 3

Inspection Advisory Panel (4) 2 1 1

___ __ __

Total (300) 187 75 38

Mathematical Proportionality (300) 187 77 36

23. This approach will allow the service committees to deal with the business in hand and will ensure that the County Council continues to carry out its regulatory functions. It also enables the Best Value Review Panels to maintain their momentum. Appointments to other advisory groups can be dealt with after the summer recess. The Asset Management Sub-Committee should be authorised to carry out the functions of the Business Sub-Committee, Community Development and Conservation Sub-Committee and the Economic Prosperity Sub-Committee given that it will be dealing with issues in those areas on the Policy and Resources Committee's behalf.


24. Pending implementation of the new Constitution it is proposed that the

Scheme of Delegation to Committees and Officers approved by the County

Council in October 1973 continue to govern how the County Council manages its affairs save that, in cases where a function has been delegated to a committee, the power be delegated to the Chief Executive and appropriate Chief Officer to act after consultation with the relevant programme area committee chairman.

25. Looking forward to the new arrangements, an analysis of the work of the

Council, its committees and the various sub-committees and panels hitherto indicates that meetings of the Cabinet will need to be held regularly with matching meetings of each Policy Review Committee programmed including meetings for their business other than call-in. The Regulatory Committee would also need to meet on a programmed basis - as the Roads and Development Sub-Committee and the Rights of Way Panel have done previously. Smaller groups of members of the Regulatory Committee would be convened as required to reflect the ad hoc nature of its "personal" business, predominantly appeals by individuals against decisions of the County Council.


26. The five Policy Review Committees, one for each key service area, must be proportionate. These can be developed from the programme area committees which the Council will appoint at this meeting. Changes in membership will be necessary before the new Constitution comes into operation as Executive members may not be members of the Policy Review Committees. In the circumstances, it is proposed that the Chief Executive be authorised to confirm the political groups' nominations for the Policy Review Committees on the basis of the programme area committee sizes referred to in paragraph 22.


27. It is proposed that the Regulatory Committee should comprise a mixture of members with experience of exercising quasi-judicial functions and the County Council's regulatory services e.g. planning, rights of way, education transport appeals, personnel appeals: disciplinary; pensions etc. The Committee should be large enough to accommodate members with the required experience and expertise and initially, having regard to proportionality, a Committee of 27

is proposed (17 Con/ 7LD/ 3 Lab). Again it is proposed that the Chief Executive be authorised to confirm membership of the Committee on the basis of the political groups' nominations. The Council is asked to appoint the chairman and vice-chairman of the Regulatory Committee at this meeting, each with responsibility for one key area of expertise - the Chairman for planning etc; and the Vice-Chairman for the more social/personal regulatory issues.

28. Proportionality rules do not apply to the new Standards Committee but the County Council is committed to the principle of minority group representation on the Standards Committee. Government guidance in relation to independent persons being members of the Standards Committee is still awaited. It is proposed, therefore, that the Chief Executive, in consultation with the leaders of the political groups, be authorised to confirm elected member representation, to be reviewed when the Government's guidance is confirmed. The County Council's view when consulted by the Government was that, if there are 3 Independent persons, then the Standards Committee should have 12 members (6 Conservative: 2 Liberal Democrat: 1 Labour and 3 Independent persons); and if there are two Independent persons it should have 8 members (4 Conservative: 1 Liberal Democrat: 1 Labour: 2 Independent persons). The Chairman shall be appointed by the County Council.


29. All committee etc., memberships will be notified to members of the Council when complete and will be reported, in so far as they relate to the new Constitution, at the meeting of the Council in September 2001.


RECOMMENDATIONS:


(i) That appointments be made to the committees, sub-committees and panels set out in paragraph 22 in the proportions shown in that paragraph, including the Chairmen and Vice-Chairmen of the following committees, the Pension Fund Panel to remain in operation after 1 September pending review as necessary and the Best Value Review Panels to remain in operation until Best Value member structures have been determined by the respective Policy Review Committees.


Policy and Resources

Education

Planning and Transportation

Recreation and Heritage

Social Services


(ii) That Rev. R. Lindley and Mr. B. Wright be appointed co-opted members of the Education Committee representing the Church of England and the Roman Catholic Church respectively;


(iii) That the Asset Management Sub-Committee be authorised to carry out

the functions of the Business Sub-Committee, Community Development

and Conservation Sub-Committee, the Economic Prosperity Sub-

Committee, Personnel Sub-Committee and the Best Value and
Performance Sub-Committee;


(iv) That, after the Policy and Resources Committee on 17 July, decisions

not otherwise being made by committees, sub-committees and panels

under delegated powers be made by the Chief Executive and appropriate

Chief Officer after consultation with the relevant programme area

committee chairman.


(v) That the Chief Executive, in consultation with the political group leaders, be

authorised to make appointments to the new Policy Review Committees and

Regulatory Committee and any other changes to any other committee or

panel on the basis of proportional requirements according to the sizes for

programme area committees shown in paragraph 22;


(vi) That the vice-chairmen of the programme area committees be appointed

chairmen of the corresponding Policy Review Committee to take office

from the date of implementation of the new Constitution;


(vii) That the chairman and vice-chairman of the Regulatory Committee be

appointed;


(viii) That the Chief Executive, in consultation with the political group

leaders, be authorised to make appointments to the Standards Committee

pending Government advice concerning the appointment of independent

persons on the basis at this stage of a committee of 8 members

comprising 4 Conservative: 1 Liberal Democrat: 1 Labour (and 2 non-

elected persons in due course), or 12 members comprising 6

Conservative: 2 Liberal Democrat: 1 Labour (and 3 non-elected persons

in due course).


HAMPSHIRE FIRE AND RESCUE AUTHORITY - COUNTY COUNCIL REPRESENTATION (ITEM 10)


30. The County Council appoints 19 members to represent it on the Hampshire Fire and Rescue Authority. To comply with the County Council's overall proportionality the 19 seats fall to be allocated as follows:


Conservative Liberal Democrat Labour

12 5 2

Nominations will be circulated.

JOINT COMMITTEE RESPONSIBLE FOR THE APPOINTMENT OF MEMBERS TO THE HAMPSHIRE POLICE AUTHORITY (ITEM 11)

31. A Joint Committee of members of the County Council, the Isle of Wight Council, Portsmouth City Council and Southampton City Council appoints elected members to serve on the Hampshire Police Authority. Appointments must be proportionate according to the overall proportionality of the political groups among the 4 constituent authorities. The Joint Committee, however,

must reflect the County Council's political proportionality. Given an entitlement of 4 members on the Joint Committee proportional allocations proposed are as follows.

Conservative Liberal Democrat Labour

3 1 -

Nominations will be circulated.


APPOINTMENT OF COUNTY COUNCIL REPRESENTATIVES TO OUTSIDE BODIES (ITEM 13)

Nominations will be circulated.


32. The general principles adopted by the Council in respect of the appointment of representatives to outside bodies are as follows:

(a) Appointment to bodies of international, national and regional importance are dealt with by the County Council either directly or on the recommendation of the Policy and Resources Committee.


(b) Appointments to bodies of county wide significance and/or across programme areas are dealt with by the Policy and Resources Committee either directly or on the recommendation of the appropriate committees. The appointment of a representative to a body for the first time is normally referred to the Policy and Resources Committee.


(c) Other outside body appointments are dealt with directly by Programme Area Committees according to the area within which the appointment falls.

33. Representatives are required to be appointed to the following bodies to serve, unless otherwise stated, until the Annual Meeting of the Council in May 2005:

(i) Assembly of European Regions (AER) - 4 representatives at present.


AER is a representative body for regions in Europe which aims to

facilitate and organise co-operation between European regions and to strengthen regional representation within the European institutions.

In addition to the AER General Assembly and the UK meetings the Council also makes appointments to the 4 AER committees - Institutional Affairs and East/West Co-operation; Social Services, Public Health and Employment; Regional Policy, Territorial Planning, Environment and Tourism; and Culture Education and Training, Youth Media and Sport with all appointed members acting as deputies for each other.



(ii) Atlantic Arc Commission - 3 representatives at present.

Atlantic Arc is a Commission of the Conference of Peripheral Maritime Regions of Europe which promotes the interests of regions on the western seaboard of Europe, particularly for maritime and coastal issues, and encourages co-operation and joint activities between member regions.


(iii) Arc Manche/Channel Arc - 3 representatives at present.

Arc Manche/Channel Arc is a network of southern English and northern French regions bordering the Channel to promote trans-border co-operation and joint activities linked to their common interests across the Channel.

(iv) Local Government Association General Assembly/County Council's Network Council - 4 representatives

The Local Government Association and the County Council's Network Council represent Local Government and County Councils at national level. The County Council is entitled to appoint 4 members and hitherto the same 4 members have represented the County Council on both the LGA General Assembly and the CCN Council.


(v) Sir Harold Hillier Gardens and Arboretum Management Committee - 2 representatives and independent chairmen

In addition to 2 representatives, the County Council also appoints the Chairman of the Management Committee who must not be a member of the County Council. The Management Committee oversees the general management of the gardens and arboretum which is owned by the County Council.

The existing chairman is Sir Richard Storey Bt CBE.


(vi) South East England Regional Assembly - 1 representative

Hitherto the Leader of the Council has represented the Council on the Regional Assembly, the purpose of which is to provide a representative body to promote the South East with Government and Europe and to oversee the work of the Regional Development Agency.

At the invitation of the Regional Assembly the County Council has been represented on the Assembly's Planning Committee hitherto by Councillor D. A. Keep.

(vii) South East Employers - 3 representatives and 3 deputies.


The role of South East Employers is:

(a) To be an active and influential Employers' Organisation

for Local Government in the South/South East of England.

(b) To represent the views of Authorities, to the Employers Organisation and Improvement and Development Agency and other relevant bodies, and fulfil work on behalf of the Employers' Organisation and IdeA.

(c) To develop contacts and links with the Regional CBI, Chamber of Commerce and Learning and Skills Councils.


(d) To promote, encourage, and support best practice in personnel and management development.


(e) To make available personnel, management and training services for the benefit of members of the organisation.


(f) To respond to initiatives on consultancy work.


(g) To provide the Employers' Side members for the Southern Provincial Councils and the South East Provincial Councils.


The geographical area covered includes Berkshire, Buckinghamshire, East Sussex, Hampshire, Isle of Wight, Kent,. Oxfordshire, Surrey and West Sussex.

(viii) Southern Regional Environmental Protection Committee - 1 representative


An Environment Agency advisory committee on waste regulation and rivers. Membership rotates between Hampshire, Isle of Wight, East Sussex, West Sussex and Kent.


(ix) Southern Regional Flood Defence Committee - 2 Representatives

(1 Full; 1 Shared)

A committee of the Environment Agency. Hampshire is allocated two places on the following basis:-

Hampshire County Council 1

Portsmouth City Council ) 1 jointly with

Southampton City Council ) Hampshire


One representative is for the full four year term. The other is for a two year term from May 2001 with the Cities having one year each thereafter.

Note: The County Council has no entitlement to a representative on the Wessex Regional Flood Defence Committee, whose area includes the Avon Valley in the West of Hampshire.

With regard to the Thames Regional Flood Defence Committee, Hampshire shares a seat with Oxfordshire and Swindon in rotation. Councillor Hutcheson was the joint representative until 31 May 2001 when it became Swindon's turn. Oxfordshire has two years and Hampshire and Swindon one year each over the four year term. Hampshire's next term will be the year 2004-2005.

Appointments to Local Flood Defence Committee will be dealt with by the Policy and Resources Committee.


(x) Southern Sea Fisheries District Committee - 2 Representatives

The Committee is responsible for the regulation of sea fisheries carried on within the Southern Sea Fisheries District (the coasts of Hampshire, Dorset and the Isle of Wight) involving the Councils of Bournemouth, Dorset, Hampshire, Isle of Wight, Poole, Portsmouth and Southampton.

RECOMMENDATION:


That appointments be made to the above organisations.




5NR16501

APPENDIX 1

PART 3 - A


COUNCIL STANDING ORDERS


1. Copy of Standing Orders to Members
A printed copy of these Standing Orders shall be supplied to each Member by the Chief Executive upon receipt of such Member's declaration of acceptance of office.


2. Adherence to Codes of Conduct
Members shall act at all times in accordance with the Council's Constitution and adopted Codes of Conduct.


3. Interpretation
Throughout these Standing Orders the following words and expressions mean as follows:
"Council" shall mean Hampshire County Council
"Committee" shall mean a Committee of the Council
"Chairman" shall mean the Chairman of the Council or the Chairman for the time being of a meeting.
"Vice-Chairman" shall mean the Vice-Chairman of the Council or the Vice-Chairman for the time being of a meeting.
"Leader of the Council" shall mean the Leader of the Executive.
"Members of the Executive" and "Executive Member" shall mean those Members of the Executive appointed by the Leader of the Council and notified to the Chief Executive. The Leader and Executive may be referred to as either "the Executive" or "the Cabinet" and both terms shall be interchangeable.
"Chief Executive" shall mean the Chief Executive of Hampshire County Council.
"Meeting" shall mean a meeting of the Council.
"Member" shall mean a Member of the Council; and where any Standing Order is applied to a Committee, Sub-Committee or Standing Panel meeting, it shall mean a Member of that Committee, Sub-Committee or Standing Panel.
"Proposition" shall include original motion.
"Summons" shall mean the summons for a meeting.
An asterisk indicates that by virtue of Standing Order 38 the Standing Order applies to Committee, Sub-Committee and Standing Panel meetings.


4. Meetings of the Council

4.1. There shall be not less than six meetings of the Council in each year with the Annual meeting taking place in May. All ordinary meetings of the Council shall be held at The Castle, Winchester, on a Thursday normally commencing at 11.00 a.m.


4.2. Extraordinary Meetings
An extraordinary meeting may be called at any time by the Chairman of the Council.
Any five members of the Council may present a requisition to the Chairman of the Council to call an Extraordinary Meeting of the Council. If the Chairman of the Council refuses to call an Extraordinary Meeting of the Council after a requisition for that purpose signed by five Members of the Council has been presented to him/her, or if, without so refusing, the Chairman does not call an Extraordinary Meeting within seven days after the requisition has been presented to him/her, then any five Members of the Council may, on refusal or on the expiration of seven days, as the case may be, forthwith call an Extraordinary Meeting of the Council.


5. Appointment of Leader
The Council shall, at its Annual Meeting in each year elect a Leader of the Council.


6. Presentation of Reports of Leader and Executive Members

6.1. The Leader and each Executive Member may present a report to the Council for decision on any matter that falls within their area of responsibility. The Leader or Executive Member, as the case may be, will introduce the report and move the recommendations.

6.2. Any Member may ask the Leader or Executive Member a question on the report or may call for a debate on the report. Once a debate has been called for the report shall thereupon be immediately subject to debate and the normal rules of debate as contained in these Standing Orders shall apply.
Recommendations contained in the report shall be put to the Council one at a time.


7. Presentation of Reports of Chief Executive, County Treasurer and Monitoring Officer.

7.1. The Chief Executive and the County Treasurer (as S.151 Officer) and Monitoring Officer (the latter two officers in respect of their statutory roles only) may present a report to the Council for decision. The Chief Executive, County Treasurer or Monitoring Officer, as the case may be, will introduce the report and explain the recommendations.

7.2. Any Member may ask the appropriate officer a question on the report or may call for a debate on the report. Once a debate has been called for the Chairman will move the recommendations and a debate shall then immediately take place and the normal rules of debate as contained in these Standing Orders shall apply. Recommendations contained in the report shall be put to the Council one at a time.


8. Joint Committee for Appointment of Members to Hampshire Police Authority
The Council shall at its Annual Meeting in each year appoint its allocation of Members to the Joint Committee responsible for appointing Members of the Police Authority under Schedule 2 of the Police Act 1996.


9. Appointment of Members to Hampshire Fire and Rescue Authority
The Council shall at its Annual meeting in each year appoint its full quota of Members to the Hampshire Fire and Rescue Authority in accordance with the rules of appointment prevailing at the time.


10. Meetings of Committees etc - August Recess
Except in the case of urgent business which, in the opinion of the Chief Executive (after consultation with the Leader) ought not to be held over, no meetings of the Executive, Committees or Sub-Committees Panels or Working Parties shall be held during the month of August; provided that this Standing Order shall not be deemed to extend to visits for the purpose of increasing Members' knowledge of installations or sites relevant to their work.


11. * Summons and Agenda Papers

a) Business included on Summons.
The Chief Executive shall place upon every summons notice of all business required to be brought before the Council.

b) Circulation of Agenda and Confirmation of Minutes

A printed copy of the summons and agenda for the forthcoming
meeting and the minutes of the previous meeting shall be despatched by the Chief Executive at least six clear days before such forthcoming meeting to each Member, and such minutes shall be taken as read when submitted to the Council for confirmation unless a majority of the Members then present otherwise order. Unless similarly ordered, any document which comes up for consideration at any meeting, and which has been printed and circulated to each Member at or prior to such meeting, shall be taken as read.


12. Order of Business
Except where the Council varies the order of business in accordance with Standing Order 13, the order of business at every meeting of the Council shall be:


a) To choose a Member to preside if the Chairman and Vice-Chairman are absent.

b) To conduct any business required by statute to be done before any other
business.

c) To approve as a correct record the minutes of the last meeting of the Council.

d) To allow Members to declare pecuniary and non-pecuniary interests.

e) To receive deputations pursuant to Standing Order 21.

f) To deal with business expressly required by statute to be done.

g) To receive such communications as the Chairman may desire to lay before the Council.

h) To receive such reports as the Leader of the Council may desire to bring
before the Council.

i) To dispose of business (if any) remaining from the last meeting.

j) To answer questions pursuant to Standing Order 20(b) during a time not to
exceed 30 minutes.

k) To make such alterations in the membership of Committees and Sub-
Committees and Standing Panels or relevant outside bodies as the Council may think fit.

l) To receive and consider all reports on functions reserved to the County
Council as detailed in Chapter 4 of the Constitution and proceedings and recommendations of the Executive and Committees of the Council requiring decision (Part I).

m) To consider notices of motion in the order in which they have been received.

n) To receive the report of the Hampshire Police Authority and to have answered any questions which have been submitted on the discharge of its functions.

o) To receive and consider the report of the Hampshire Fire and Rescue Authority and to have answered any questions which have been submitted on the discharge of its functions.

p) To receive and consider reports and proceedings of the Committees of the Council submitted for information (Part II).

q) Other business (if any) specified in the summons.


13. *Variation of Order of Business
The Council may vary the order of business specified in the summons so as to give precedence to any matter.


14. *Tape Recordings etc. of Proceedings
Except with the permission of the Chairman concerned, it is forbidden to make audio or visual records whilst a meeting of the Council or one of its Committees, or Sub-Committees or Panels is in progress.


15. *Quorum
If within ten minutes from the time appointed for the commencement of any meeting a quorum (that is one-quarter of the whole number of Members, or three Members, whichever is the greater) is not present, the meeting shall be dissolved.


16. *Counting Out
Whenever, during a meeting, it is stated to the Chairman by either a Member or the Chief Executive that there is not a quorum present the Chief Executive shall call over the names of the Members, and if it shall appear that there is not a quorum present the Chairman shall declare the meeting at an end, and the names of the Members who are then present shall be recorded in the minutes. Any business not disposed of shall be considered at the next meeting, whether ordinary or adjourned, in accordance with Standing Order 12.


17. Notices of Motion

17.1 Procedure for giving notice of motion.

i) Except as provided by Standing Order 19, every notice of motion shall
be in writing, signed by the Member or Members giving the notice, and delivered ten clear days before the next meeting of the Council at the office of the Chief Executive by whom it shall be dated, numbered in the order in which it is received and entered in a book which shall be open to the inspection of every Member.

ii) The requirement regarding submission of the notice in writing and
signature shall not apply where notice is given by electronic mail authenticated by the identification of the Member concerned.


17.2 Notices to be inserted in summons
The Chief Executive shall insert in the summons for every meeting of the
Council all notices of motion duly given, in the order in which they have been
received, unless the Member giving such notice has, when giving it, intimated
in writing that it is proposed to move it at some later meeting, or has
withdrawn it in writing.

17.3 Motion not moved
If a motion, notice of which is specified in the summons, is not moved, it
shall, unless postponed by consent of the Council, be treated as abandoned and
shall not be moved without fresh notice.

17.4 Procedure for motions following notice.
Motions under this Standing Order, after being moved and seconded, shall be debated by the Council unless immediately following the seconding of the Motion and after any observations of the Leader or Executive Member for the function/s concerned or the Chairman of the appropriate Committee or Committees, the Council resolves to refer the motion to the Executive to any Committee or Committees. Upon being so resolved the motion shall stand referred, without discussion, to the Executive or to such Committee or Committees as the Council may determine for consideration and report to the next meeting of the Council, unless circumstances necessitate a report to a later meeting.

17.4. Proposer of Motion may attend subsequent Committee meeting
A Member of the Council who has proposed a motion which has been referred to the Executive or to any Committee shall have notice of the meeting of the Executive or Committee and any Sub-Committee or Standing Panel at which it is proposed to consider the motion and, if they attend, shall have the opportunity of explaining it, but shall not take part in the voting.


18. Notices or other documents - discretion to exclude matter which ought not to be published.
Where the Chief Executive is required, whether by statute, Standing Order, or otherwise, to issue any document (including any agenda), to give notice of any item, or reproduce, or otherwise communicate the contents of any notice or document (including a notice of motion or questions asked in pursuance of Standing Orders), delivered to him/her , he/she shall exclude any matter which, in his/her professional opinion, is out of order or which on the grounds of illegality, irregularity, confidentiality, liability for defamation or otherwise ought not to be published.


19. Motions which may be moved without Notice.
The following motions may be moved without notice:

a) An amendment to any motion before the Council (subject to Standing Order 27).

b) A motion moving the reference back of an item to the Executive, or a Committee.

c) That the meeting or debate be adjourned.

d) That the question be now put.

e) For suspending Standing Orders (but only so far as is necessary to enable the proper conduct of business).

f) That the Council proceeds to the next business.

g) A motion under Part I of Schedule 12A of the Local Government Act 1972 to exclude the public (including the Press).

h) A motion that a Member be not further heard or that a Member be allowed to speak for a longer period.

i) That the Council resolves to consider in open Council a question affecting a person in its employment.

j) That the Council varies the order of business.

k) That there be no more questions on the matter under debate.



20. Questions by Members
a) Questions on Reports
At any meeting a Member may ask any question upon reports

submitted to the Council by the Executive, a statutory Officer (the Chief Executive, the Chief Finance Officer or the Monitoring Officer) or a Committee, for which purpose the procedure set out in Standing Order 27 shall apply.

b) General Questions
At any meeting a Member may:

i) if notice is received by the Chief Executive not later than noon on the Thursday immediately preceding a meeting of the Council (other than a special or extraordinary meeting) ask the Chairman the Leader or any Executive Member or the Chairman of the appropriate Committee any question on any matter in relation to which the Council the Executive or a Committee has powers or duties, or which affects the County but which is not otherwise before the Council; a supplementary question may be asked by the Member putting the question provided it arises from the answer given;


ii) with the permission of the Chairman, put to the Chairman the
Leader or Executive Member or to the Chairman of the
appropriate Committee any question relating to urgent
business.
iii) Notice under 20(b)(i) above must be given to the Chief
Executive in writing and shall set out in full the question to be
asked and the notice shall be signed and dated by the Member
giving the notice.

iv) The requirements in 20(b) (iii) regarding submission of the notice in writing and signature shall not apply where notice is given by electronic mail authenticated by the identification of the Member concerned.

v) Every question shall be put and answered without discussion but the person to whom a question has been put may decline to answer.

vi) Where a reply to any question cannot conveniently be given orally it shall be deemed a sufficient reply if the answer is circulated to the Member asking the question within six days of the meeting.


c) Questions relating to Employees
If any question arises at a meeting of the Council, the Executive, or a Committee to which Part I of Schedule 12A of the Local Government Act 1972 applies as to the appointment, promotion, dismissal, salary, pension, condition of service or conduct of any person employed by the Council, such question shall not be the subject of discussion until a motion under Part I of Schedule 12A of the Local Government Act 1972 to exclude the Press and public has been moved by the Chairman and put without debate.


d) Questions concerning the Hampshire Police Authority
Notice of any question concerning the discharge of the functions of the Hampshire Police Authority must be set out in full and submitted to the Chief Executive not later than noon of the Thursday immediately preceding a meeting of the Council.


e) Questions concerning the Hampshire Fire and Rescue Authority.
Notice of any questions concerning the Hampshire Fire and Rescue Authority must be set out in full and submitted to the Chief Executive not later than noon on the Thursday immediately preceding a meeting of the Council.


21. *Deputations
Subject to the provisions of this Standing Order, the Council, and the Committees, Sub-Committees and Panels of the Council shall receive Deputations on any business that is properly within its terms of reference and the Deputation shall (subject to formal moving, seconding and adoption of the proposal) be allowed to address the meeting.

For the purposes of this Standing Order:
a) Notice in writing shall be given to the Chief Executive that a
Deputation wishes to address the meeting and the notice shall specify
the subject upon which the Deputation wishes to speak. In the case of
a Council meeting the notice shall be given not less than ten clear days
in advance. In the case of other meetings, the notice shall be given not
less than three clear days in advance and must relate to a matter being
considered by the Committee or Sub-Committee or Panel at that
meeting.

b) Deputations shall consist of not more than four people who
shall (except in the case of a deputation to the Regulatory Committee
when it is exercising a planning function) be local government
electors for the administrative County.

c) Any member of a Deputation may address the meeting.

d) The total time taken by the Deputation in addressing the meeting shall not exceed ten minutes.

e) Deputations shall be taken at the beginning of the meeting (after the minutes) and the total time shall not exceed one hour in duration.

f) No Deputation shall appear before the Council at successive meetings or at any Committee or Sub-Committee or panel of that Committee within six months of any previous appearance, on the same or similar topic.

g) A Deputation to a meeting of a Committee or Sub-Committee or Standing Panel must relate to an item on the agenda.

h) No discussion shall take place with the presenters of a Deputation but the Chairman of the meeting may inform the Deputation how, if at all, the matter will be dealt with by noting, action or referral. At a meeting of the full Council, the Chairman may invite the appropriate Committee Chairman to give this information to the Deputation.

(Note: The purpose of Standing Order 21 is to give members of the public an opportunity to address the Council, its Committees or Sub-Committees or Standing Panels. Elected Members (including those of other Councils), trade unions and members of staff have other opportunities to bring matters to the attention of the Council and will not be received under the provision of Standing Order 21 For the avoidance of doubt, this Standing Order does not apply to meetings of the Executive


22. Presentation of reports of the Executive and Committees

a) The Leader or appropriate Executive Member, or Chairman or Vice-

Chairman of the appropriate Committee shall present the report of the Executive or the Committee to the Council and shall move that the report be received.

b) The Chairman of the Council shall "call" each numbered paragraph
of the report. Any Member may ask a question on the paragraph "called". A Member may also rise and say "debate" (this will indicate the Member wishes to comment upon the paragraph or, if the paragraph is in Part I of the report, to move an amendment). A Member who asks a question may, having heard the answer, also say "debate". When the word "debate" has been uttered, the Chairman shall enquire whether there are any further questions on that paragraph. If there are, they shall be put and answered. If there are none, the paragraph shall be open to debate and the Chairman shall invite the Member who first called "debate" to open that debate and the normal rules of debate as contained in these Standing Orders shall apply.


c) The procedure in (b) above shall be applied to each numbered paragraph in turn until the last paragraph of the report is reached


d) During the consideration of the report, and after any questions or debate, the recommendations, if any, of the Executive or the Committee in that report shall be put to the Council one at a time and when all the recommendations of the Executive or the Committee have been disposed of and any questions dealt with the Chairman of the Council shall thereupon move "that the report of the Executive or of the Committee be adopted" or "that the report of the Executive or of the Committee as amended be adopted" as the case may be.

(Note: with regard to reports of the Hampshire Police Authority and Hampshire Fire and Rescue Authority, debate and discussion is not allowed, and questions should relate specifically to items in the reports for the purposes of clarification only.)


23. Relevance and length of speeches
Members shall direct their speech to the question under discussion or to an explanation or to a point of order. Except by consent of the Council no speech shall exceed the following lengths:

a) a Member speaking on a paragraph in Part I or Part II of a report of the Executive or a Committee report or on a motion notice of which has been given under Standing Order 17 or in any other case except as indicated below - four minutes;

b) the Leader or a member of the Executive or Chairman of a Committee in presenting a report or in speaking in reply to a debate on a paragraph in Part I or Part II of a Committee's report - seven minutes;

c) the mover of a motion, notice of which has been given under Standing Order 17

(i) in moving the motion - five minutes
(ii) speaking in reply to the debate on the motion - five minutes;


d) the Leader or a member of the Executive or the Chairman of the appropriate Committee in a debate on a motion, notice of which has been given under Standing Order 17 - five minutes;

e) a Member speaking on a motion to suspend Standing Orders - one minute;

f) the leader or spokesman of a minority group on the Council, in moving a motion or amendment in a debate on the budget proposals - thirty minutes;

g) the Leader of the Council, when moving the budget proposals, or in reply to the debate - no limit.


24. *Voting

a) Every question shall be determined by the voices of those present;
provided that if any Member indicates dissent to this procedure then a
vote by a show of hands shall take place.


b) On the requisition of any Member supported by ten other Members who
signify their support by rising in their places before the vote is taken, the
voting on any question shall be recorded so as to show how each Member
present and voting gave their vote or abstained from voting; provided that
a recorded vote may not be requisitioned on a formal motion or any
motion which, under Standing Order 19 c) to k) inclusive, may be moved
without notice. In applying this Standing Order to Committees and Sub-
Committees and Standing Panels the number of Members required to
support a requisition for a recorded vote shall be one quarter of the whole
number of Members, or three Members, whichever is the greater.


c) Where immediately after a vote is taken (and without prejudice to the provisions of sub-paragraph b) above) at a meeting of the Council any Member so requires, there shall be recorded in the minutes of the proceedings of that meeting, whether that person cast their vote for the question, or against the question, or whether they abstained from voting. For the purposes of this sub-paragraph "Council" means the County Council, a Committee or Sub-Committee of the County Council or any relevant joint Committee or Sub-Committee of such a Committee.


25. *Minority Order Procedure
If Members numbering at least one quarter of the voting Members present at a Committee meeting so request immediately after the vote is taken on any matter which is otherwise within the Committee's delegated powers, the decision shall take the form of a Recommendation to the County Council and shall not be effective unless and until approved by the County Council. Where any matter is for the time being delegated to a Sub-Committee or a Panel, Members numbering at least one quarter of the voting Members present at the meeting of the Sub-Committee or Panel may in the same manner require that the decision shall take the form of a Recommendation to the appropriate Committee.

This Standing Order shall not apply to:
(i) The Regulatory Committees (A & B)

(ii) The Standards Committee

(iii) Panels or Sub-Committees established to appoint officers of the
County Council;

(iv) any decisions of a quasi judicial nature;

(v) decisions where delay could put the County Council in breach of the
law or in breach of legally binding obligations.


26. Rescission of previous Resolution
No motion to rescind any resolution passed by the Council , the Executive or by a Committee, Sub-Committee or Standing Panel within the preceding six months, and no motion or amendment to the same effect as one which has been negated by the Council within the preceding six months, shall be proposed unless the notice thereof given in pursuance of Standing Order 17 bears the names of at least ten Members. Any such motion may be moved by any of those ten Members. When any such motion has been disposed of it shall not be open to any Member to propose a similar motion within a further period of six months.
This Standing Order shall not apply to motions moved in pursuance of the report or recommendations of the Leader and the Executive, a Committee or Sub-Committee.


27. Rules of Debate
Motions and amendments to be in writing and seconded.

a) Unless notice has already been given in accordance with Standing
Order 17 the mover of a motion or amendment shall immediately upon
moving the motion or amendment and before speaking to it, put it in
writing and deliver it to the Chairman. The motion or amendment
shall not be discussed until after the mover has spoken to it and it has
been seconded.
b) A Member may, with the consent of the seconder and of the Council
signified without discussion, alter a motion which they have proposed
or of which notice has been given if the alteration is one which could
have been moved as an amendment thereto.

c) A motion or amendment may be withdrawn by the proposer with the concurrence of the seconder and the consent of the Council, which shall be signified without discussion, and it shall not be competent for any Member to speak upon it after the proposer has asked permission for its withdrawal unless such permission shall have been refused.

d) The proposer of a motion - notice of which has been given under Standing Order 17, or the Leader or appropriate Executive member or the Chairman of any Committee (upon consideration of the report of that Committee), shall have a right of reply at the close of the debate upon the motion immediately before it is put to the vote (and after any motion "that the question be now put" or "that the Council do proceed to the next business" is put and carried). If an amendment is proposed, the proposer of a motion or the Leader or appropriate Executive member or the Chairman of the appropriate Committee shall be entitled to a reply at the close of the debate upon the amendment. The mover of the amendment shall not be entitled to a right of reply. A Member exercising a right of reply shall not introduce new matter. After every reply to which this Standing Order refers a decision shall thereupon be taken without further discussion.

Reservation of speech by seconder

e) The seconder of any motion or amendment may, if they so desire, and indicate their intention when seconding, reserve their speech until a later period of the debate.


Relevance of amendments

f) An amendment shall be relevant to and a modification of the
proposition.


g) An amendment shall be:

(v) to leave out words; or

(vi) to leave out words and insert or add other words; or

(vii) to insert or add words;

but such omission or insertion of words shall not have the effect of introducing a materially new issue into or of negating the motion before the Council.



One amendment at a time

h) When an amendment to a proposition has been moved and seconded, it shall be disposed of before any further amendment to such proposition is moved, provided that the Chairman may permit two or more amendments to be discussed (but not voted on) together if circumstances suggest that this course would facilitate the proper conduct of the Council's business.


Member not to move or second more than one amendment

i) A Member who has moved or seconded an amendment to any proposition shall thereafter neither move nor second any further amendment to that proposition or to any proposition which has displaced it.


Notices of further amendment

j) No second or subsequent amendment shall be moved until the first amendment shall have been disposed of, but notice of the terms of all such further amendments must be given before the commencement of the reply to the debate (or, in the absence of a reply, before the vote is taken) on the first amendment to an original motion.


Substantive motions

k) Whenever an amendment to a proposition is carried, the proposition shall be displaced by the amended proposition which shall itself become the substantive proposition to which (subject to these Standing Orders) further amendments can be moved, seconded and discussed. If, after the disposal of an amendment to a proposition, no further amendment is moved, the question shall be put upon the substantive proposition without further debate.


Amendment inconsistent with amended motions

l) When an original motion has been amended, any amendment moved to, or to any proposition displacing, such amended motion shall not be inconsistent with the alterations of the original motion made by the amendment(s) already carried.


m) When any motion or amendment has been duly put and either carried or lost, it shall be the duty of the Chairman to refuse to put at the same meeting any subsequent motion or amendment which would substantially contradict, override, repeat or re-introduce the subject matter of the previous motion or amendment.


Right to speak

n) A Member shall not speak more than once on any motion or amendment except in the exercise of the right of reply given by Standing Order 27(d) or on a point of order or by way of personal explanation.


Formal motions

o) A Member who has not spoken may, at the conclusion of a speech of another Member, move without comment "that the question be now put" or "that the Council proceed to the next business" or "that the Council now adjourn", on the seconding of which the Chairman shall put that motion to the vote without amendment or discussion and, if it is carried, the question before the meeting shall (after allowing an opportunity for a Member to speak in seconding any motion or amendment which has been moved, and subject to the right of reply given by Standing Order 27(d) be put to the vote or the subject of debate shall be deemed to be disposed of for that day or the meeting shall stand adjourned, as the case may be; provided that if on the moving and seconding of any such formal motion as aforesaid the Chairman is of the opinion that the matter has not been sufficiently discussed, the Chairman may either refuse to accept the motion at that time or may indicate how many more Members will be permitted to speak before putting the motion.




Point of order and explanation

p) A Member may rise to a point of order or in personal explanation and, on rising, shall be entitled to be heard forthwith. The ruling of the Chairman on a point of order or on the admissibility of a personal explanation shall not be open to discussion.


General conduct and demeanour of Members

q) Members shall stand when speaking and address the Chair. If two or more Members rise to speak at the same moment, the Chairman shall decide the order in which they are to speak. No Member, upon rising in their place, shall commence to address the meeting until the Chairman calls on them.

r) Whenever the Chairman rises, no other Member shall remain standing, and, until the Chairman sits, no Member shall rise, and the Council shall be silent so that the Chairman may be heard without interruption.


28. *Misconduct of Members
The Chairman shall call a Member to order for irrelevance, repetition, unbecoming language or any breach of order. If the Member should disregard the authority of the Chair, or if it appears to the Chairman that the meeting does not desire any longer to hear the Member then speaking, the Chairman may move (no seconder being required) that the Member be no longer heard. The motion shall be put to the vote without discussion and, if it is carried, the Member then speaking shall discontinue their speech and resume their seat. If the Member continues thereafter to disregard the authority of the Chair, then the Chairman shall warn the Member and if the Member shall then continue to disregard the authority of the Chair, the Chairman shall order the removal of the Member from the Council Chamber (or Committee Room).


29. *Behaviour of the Public
If a member of the public interrupts the proceedings at any meeting the Chairman shall warn the person concerned. If the person continues the Chairman shall order the removal of such person from the Council Chamber (or Committee Room). In the case of general disturbance in any part of the Council Chamber (or Committee Room) open to the public the Chairman shall order that part to be cleared.


30. *Adjourned Meetings
When a meeting is adjourned to a future day, notice of the adjourned meeting
shall be sent to each Member specifying the business to be transacted thereat.


31. Interest of Members in Contracts and other matters.

If any Member present at a meeting of the Council or of any Committee, Sub-Committee or Standing Panel or any meeting with officers where a key decision is considered (whether as a Member or in exercise of a public right of attendance) has any pecuniary interest, direct or indirect, within the meaning of Section 94 of the Local Government Act 1972, in any contract, proposed contract or other matter, such Member shall withdraw from the meeting room while such contract, proposed contract or other matter is under consideration, unless the disability imposed by that Section has been removed under or by virtue of Section 97 of the above Act.

32. Special Meetings
a) The Leader may call meetings of the Executive at any time if to do so
would be conducive to the conduct of business

b) The Chairman of a Committee may summon a special meeting of the
Committee at any time. A special meeting shall be summoned on the requisition in writing of either one quarter of the total number of Members of the Committee or three Members, whichever is the greater, which requisition shall be delivered to the Chief Executive and shall specify the business to be considered. The Chief Executive will arrange for the meeting to be held in accordance with the timetable specified in Standing Order 11. The summons shall set out the business so required to be considered at the special meeting and no business other than that set out shall be considered at the meeting.

33. Appointments to Committees

a) The Council shall, at its Annual Meeting in the year of the ordinary election of County Councillors, appoint such Committees or Sub-Committees and make such provision as to the constitution or membership thereof as it thinks fit for the purposes of discharging any functions.

b) Any alterations in the membership of Committees, whether by the filling of casual vacancies or otherwise, shall be made by the Council.


34. *Chairmen and Vice Chairmen

a) The Council shall, at its Annual Meeting in each year, elect a Chairman and appoint a Vice-Chairman of the Council.

b) The Council shall, at its Annual Meeting, appoint a Chairman and a Vice-Chairman for every Committee of the Council all of whom shall be Members of the Council..

c) In the absence of both the Chairman and Vice-Chairman at any meeting of a Committee or Sub-Committee or Standing Panel, such Committee or Sub-Committee or Standing Panel shall appoint a Chairman for that meeting who shall, whilst presiding at the meeting, have any power or duty of the Chairman in relation to the conduct of the meeting.


35. Membership of Committees, Sub-Committees and Standing Panels

a) At least two-thirds of the Members of any Committee, Sub-Committee
or Standing Panel shall be Members of the Council (subject to any statutory provision which shall regulate such membership).


b) Every Member of a Committee, Sub-Committee or Standing Panel who, at the time of appointment, is a Member of the Council shall, on ceasing to be a Member of the Council, also cease to be a Member of the Committee, Sub-Committee or Standing Panel.


36. *Confidentiality of Committee Proceedings
No Member of the Council, the Executive or of a Committee, Sub-Committee or Standing Panel thereof (whether elected or co-opted) shall disclose confidential or exempt information specified on a Meeting Summons until or unless such confidentiality has been lifted. If, however, the matter has been dealt with or has been brought before the Executive, a Committee, Sub-Committee or Standing Panel whilst the Press and the public are entitled to be present, the Standing Order shall not apply.


37. *Inspection of documents and Minutes
For the purposes of their duty as a Member of the Council or as a Member of a Committee, Sub-Committee or Panel of the Council:


a) A Member may inspect any document (other than a draft) which is in the possession of, or under the control of the Council, and which contains information relating to any business to be transacted at a meeting of a Committee, Sub-Committee or Panel to which the Local Government Act 1972 applies provided that the right shall not apply to the categories of exempt information described in Paragraphs 1-6, 9, 11, 12 and 14 and Part I of the Schedule of that Act.


b) (1) A Member may have access to documents in the possession of the
Council;
(i) which relate to the work of the Committee, Sub-Committee or
Panel upon which that Member serves;
(ii) which relate to the work of a Committee, Sub-Committee or
Panel upon which they do not serve if the Member can show
good cause.

(2) A Member who is denied access to documents by a Chief Officer may
refer the matter to the Chairman of the Council. In the event of
continued dispute the matter shall be determined by the Committee
concerned.


c) A Chief Officer shall so far as is practicable supply, on request and
subject to any charge that may apply, a copy of any document asked for by a Member of the Council.


38. *Standing Orders to apply to Committees etc.
In addition to those Standing Orders which specifically relate to Committees,
Sub-Committees and Standing Panels, Standing Orders 11, 13, 14, 15, 16,
20(c) 24, 25, 28, 29, 30, 36, 37 and 40 shall also apply to Committee, Sub-
Committee and Standing Panel meetings, and the word "Council" shall be
construed accordingly.

(Note: For ease of reference those Standing Orders which apply to
Committee, Sub-Committee and Standing Panel meetings by virtue of this
Standing Order are indicated by an asterisk.)


39 Suspension of Standing Orders

a) Any Standing Order may be suspended on a motion carried by a majority of the Members present.

b) There shall be no questions, speeches or discussion other than by the mover on any motion moved under Standing Order 19(e) to suspend a Standing Order.


40. *Signing Minutes - Extraordinary Meetings
Where in relation to any meeting of the Council the next such meeting is
called under paragraph 3 (extraordinary meetings) of Schedule 12 to the Local
Government Act 1972, the next following meeting of the Council (being a
meeting called otherwise than under that paragraph), shall be treated as a suitable meeting for the purposes of paragraph 41(1) and (2) (signing of minutes) of that Schedule.


41. Appointment of Chief Officers and Monitoring Officer

(1) Where the Council proposes to appoint a Chief Executive, Chief Officer
or Monitoring Officer and it is not proposed that the appointment be
made exclusively from among its existing Officers, it should:


a) draw up a statement specifying:

i) the duties of the officer concerned, and

ii) any qualifications or qualities to be sought in the person
to be appointed;


b) make arrangements for the post to be advertised in such a way
as is likely to bring it to the attention of persons who are
qualified to apply for it; and


c) make arrangements for a copy of the statement mentioned in
paragraph (a) to be sent to any person on request.


(2) a) where a post has been advertised as provided by this Standing
Order, the Panel referred to in sub-paragraph 3 below shall:

(i) interview all qualified applicants for the post, or
(ii) interview those qualified applicants included on a
selected short list.

b) where no qualified person has applied, the Council shall make
further arrangements for advertisement in accordance with
(1) (b) above.

(3) Appointments of the Chief Executive, Chief Officers and the
Monitoring Officer under this Standing Order shall be made by a
Panel of Members which shall comprise:

(a) The Leader and the Deputy Leader.

(b) Executive Member responsible for the service. (or the Leader's
nominee in the case of a Chief Executive or Chief Officer of a
central service appointment).


(c) The Chairman or Vice-Chairman of the Policy Review
(Scrutiny and overview) Scrutiny Committee
primarily concerned with the functions of that Chief Officer or
Monitoring Officer (or the nominee of the Chairman of that
Committee).

(d) The requisite number of other Members (to be nominated by
relevant political group leaders) to achieve the proportionality
required by the provisions of the Local Government and
Housing Act 1989.

(For the purpose of this sub-paragraph only, the expression "Chief
Officer" shall be deemed to include a Deputy Chief Officer or a
recognised second tier officer. Appointment to all other posts is the
responsibility of the Head of Paid Service or his/her nominee.)


42. *Candidates for appointment - canvassing of and recommendations by
Members

a) Canvassing of Members or officers of the Council or of any Committee of the Council, directly or indirectly, for any appointment under the Council shall disqualify the candidate concerned for that appointment. The purport of this paragraph of this Standing Order shall be included in every advertisement inviting applications for appointments or in any form of application.


b) A Member of the Council shall not seek support for any candidate for any appointment under the Council, but this shall not preclude a Member from giving a written testimonial of a candidate's ability, experience or character for submission to the Council with an application for appointment.



43. Candidates for appointment - relatives of Members or Officers.

a) Candidates for any appointment under the Council who know that they are related to any Member or senior officer of the Council shall, when making their application, disclose that relationship to the appropriate officer. A candidate who fails to disclose such a relationship shall be disqualified for the appointment and, if appointed, shall be liable to dismissal without notice. Every Member and senior officer of the Council shall disclose to the Chief Executive any relationship known to them to exist between themselves and any person who they know is a candidate for an appointment under the Council. The Chief Executive shall notify all disclosures made pursuant to this Standing Order to the Head of the Department concerned or to the person chairing the Panel authorised to make the appointment.


b) The purport of this Standing Order shall be brought specifically to the attention of all applicants for posts with the Council.


c) For the purpose of this Standing Order, "senior officer" means any officer of the Council in receipt of a salary equal to or in excess of that applicable to Scale PO1. Persons shall be deemed to be related if they are husband and wife, or partners living together, or if either of them or the spouse of either of them is the son or daughter or grandson or granddaughter or brother or sister or nephew or niece of the other or of the spouse or partner of the other or a person with whom they have a close or established relationship.


44. Head of Paid Service, Chief Finance Officer, Monitoring Officer -
Disciplinary Action
(1) No disciplinary action (within the meaning of Part II of the Local
Authorities (Standing Orders) Regulations 1993) in respect of the
Head of the Council's paid service, County Treasurer (as S.151
Officer) and Monitoring Officer except action described in sub-
paragraph (2), below may be taken by the Council (or by a
Committee, Sub-Committee, Standing Panel, relevant joint

Committee or any person acting on their behalf) , other than in
accordance with a recommendation in a report made by a designated
independent person under Regulation 3 of those Regulations.

(2) The action mentioned in sub-paragraph (1) above is suspension of the
officer for the purpose of investigating the alleged misconduct
occasioning the action; and any such suspension shall be on full pay
and terminate no later than the expiry of two months beginning on the
day on which the suspension takes effect.


45. Sealing of Documents.


The Common Seal of the Council shall not be fixed to any document unless the sealing has been authorised by a resolution of the Council or of the Leader and Cabinet (acting collectively or individually as the case may be) or a Committee or Sub-Committee or Standing Panel where the Council has delegated its powers in this behalf, but a resolution of the Council or the Leader and Executive (acting collectively or individually under the provisions of the Constitution) , or of a Committee, Sub-Committee or Standing Panel where the Leader or Executive or Executive member or that Committee, Sub-Committee or Standing Panel has the power authorising the acceptance of any tender, the purchase, sale, letting or taking of any property, the issue of any stock, the presentation of any petition, memorial or address, the making of any rate or contract or any other matter or thing, shall be sufficient authority for sealing any document necessary to give effect to the resolution.

The seal shall be attested by the Monitoring Officer or other officer or officers authorised by the Chief Executive, and an entry of every sealing of a document shall be made and consecutively numbered in a book to be provided for this purpose, and shall be signed by the person who shall have attested the seal.




46. Minutes of the Cabinet

Meetings of the Executive will be minuted by the Chief Executive and when confirmed at the next following meeting of the Executive will be made public.

Draft Minutes of the Executive, i.e. those which have not been formally confirmed by a meeting of the Executive but which record decisions taken, shall be sent to the Chairmen of all Scrutiny Committees within seven days of the relevant Executive meeting and within ten days to all Members of the Council by e-mail.

47. Signing of Minutes

Local Government Act 1972, Schedule 12

Local Government and Housing Act 1989 Section 20

Minutes of every meeting of the Council, of any Committee or of any Sub-Committee or the Executive shall be submitted to, and signed at that meeting or at the next following ordinary meeting of the body concerned.

The Person Presiding shall put the question that the minutes submitted to the meeting be approved as a correct record of that meeting, or of a specified former meeting, as the case may be.

Any question on their accuracy shall be raised by motion, and shall be duly seconded. If no such question is raised, or if it is raised, then as soon as it has been dealt with, the Person Presiding shall sign the minutes ("the Approved Minutes").

The Person Presiding shall ask if there are any matters arising upon the Approved Minutes, pursuant to which any member may ask as to the current position or progress made on any item contained in the Approved Minutes. The Person Presiding shall avoid any debate or discussion that could be construed as attempting to change or vary a previous decision, and shall not allow any debate or discussion to transgress the statutory rule that only business specified in the Council Summons may be disposed of at a Council meeting. Information provided under this provision shall not be minuted.

Where in relation to any meeting of the Council the next such meeting is a meeting called under Paragraph 3 (extraordinary meetings) of Schedule 12 to the 1972 Act, the next following meeting of the Council (being a meeting called otherwise than under that Paragraph of the 1972 Act) shall be treated as a suitable meeting for the purposes of Paragraphs 41(1) and (2) (signing of minutes) of that Schedule.

This Standing Order is not capable of being suspended.










APPENDIX 2

ACCESS TO INFORMATION PROTOCOL


1. Background

1.1 The Local Government (Access to Information) Act 1985 sets out the

statutory requirements for open government. The County Council has operated a regime more generous than the requirements of the Act and has
endeavoured to be as open as possible in all aspects of its decision making.


1.2 The County Council currently makes available to the public copies of the
Summons and Agenda for all meetings at least six clear days beforehand.


2. The New Constitution


2.1 For Councils operating executive arrangements, the Access to Information Regulations and statutory guidance cover the access of press and public to documents, decisions and meetings of the Executive and Committees. In addition the Regulations cover access to documents and decisions of individual members of the Executive, officers when making key decisions and joint committees discharging delegated executive functions.


2.2 Where a report is given to the decision maker, whether it be a decision making body or an individual member or officer in respect of a key decision, it must be made publicly available together with a list of background documents and sufficient copies, at the time and not less than three days before the decision is taken. Copies of the report including the list of background documents will also be made available to the relevant Policy Review Committee.


2.3 The Access to Information Regulations require the recording of Executive decisions (including key decisions taken by officers). Such records must include the reasons for the decisions, any alternative options considered when the decision was made and list any declarations of interest and dispensations granted. Once a decision has been made, either at a meeting or by an individual, the record and background papers have to be made public. Records of decisions taken will be sent to the Chairman of the relevant Policy Review Panel within 7 days, and to all other members and the public within 10 days.


2.4 Regulation 7 of the Access to Information Regulations sets out the circumstances whereby the Executive or committees of the Executive must meet in public - broadly when they are taking a "key decision" collectively, or discussing with officers present a "key decision" to be taken collectively in the next 28 days. In accordance with previous practice, it will be the County Council's intention, as far as practicable, to operate in the same way as previously, i.e. the necessary documentation will be in the public domain six clear days before such a decision is made.


2.5 Where an urgent decision is required, the decision maker is required to obtain the agreement of the Chairman of the relevant Policy Review Committee or, in his absence, the Chairman or Vice-Chairman of the Council. The reason will need to be identified and recorded in the decision.


2.6 Any member of the Council, subject to the rules on exempt information, shall have access to any document other than a draft which is in the possession of the Executive which contains material relating to any business to be transacted at a public meeting, before the meeting, and any similar document at a private meeting, after its conclusion, and any document the subject of a decision of an individual member or officer immediately after the decision is made. Any member of a Policy Review Committee is entitled to copies of such documents.


2.7 The Access to Information Regulations apply the same definitions of exempt and confidential information as those previously. The Government is consulting on certain revisions, with the intention of greater clarity for those interpreting the definition of exempt information and extending the three clear days requirement. The County Council would have no difficulty in complying with such revisions
.

2.8 The Leader will, at quarterly intervals, submit to the Council details of all urgent Executive decisions taken during the previous three months.


2.9 General Considerations

(i) The Council will ensure that (as with the Council, its committees and
sub-committees) all decisions made by members of the Executive
(either collectively or individually) will be based on sound professional
advice from officers, including advice from the Monitoring Officer and
County Treasurer where appropriate.

(ii) Where decisions are made by individual members of the Executive,
the Head of Corporate and Legal Services will make a record of
the decision and will make that record publicly available in accordance
with this Protocol.

(iii) The failure to ensure that a record is made of a decision will be a
breach of the Regulations and a breach of the relevant Code of
Conduct and will be dealt with by the Standards Board.

(iv) The Council will make it clear when decisions are to take
effect in order to provide certainty (particularly for over-view and
scrutiny committees and call-in procedures). Arrangements will be
made which will ensure that decisions, particularly those affecting
third parties, are not acted upon before they have been properly
recorded and the operation of the call-in procedures fully completed.

(v) All decisions taken by members of the Executive (individually or
collectively) and key decisions taken by officers will be recorded and
published as soon as reasonably practicable and not later than 7 days
after the decision is taken. The decision record will include the
reasons for the decision and any relevant interests which any of the
members involved had, together with any dispensations granted.

(vi) There will be no requirements to publish any officer
decisions which are not key decisions. All decisions of the Council
will be subject to the general requirements (for disclosure of
information of any kind) under the Freedom of Information Act 2000.