These Standing Orders are the rules which apply to meetings of the Council and should be read in conjunction with the Access to Information Procedure Rules and the Budget and Policy Framework Procedure Rules

1.1 Meetings of the Council and Committees will normally take place at 7.00pm in the Council Chamber at the Council Offices, Knowle Green, Staines unless otherwise notified by the proper officer in the summons to the meeting.

1.2 Meetings of Sub-Committees, Panels, Working and Task Groups will normally take place during the daytime, subject to councillors’ availability.

2. NOTICE OF AND SUMMONS TO MEETINGS

2.1 The Chief Executive will notify the public of the time and place of any meeting in accordance with the Access to Information Rules. At least five clear working days before a meeting, (unless the law requires the business to be transacted by a particular date) the Chief Executive will send a summons signed by him/her to every councillor giving the date, time and place of the meeting and specifying the business to be transacted and will be accompanied by any reports which are available.

2.2 The Chief Executive may cancel a meeting of the Council or its Committees where the agenda has already been issued if it is considered expedient to do so. The Chief Executive shall not exercise such power without prior consultation with the Mayor or the Committee Chair (as appropriate). Any outstanding business will be held over to the next scheduled meeting on a date to be arranged.

3. CHAIRING OF MEETINGS

3.1 The Mayor, if present, will chair the meeting. If the Mayor is absent the Deputy Mayor will take the chair. If both the Mayor and Deputy Mayor are absent, the councillors present will elect a councillor to take the Chair for the meeting.

3.2 The references to the Mayor also include the Chair of any Committee or Sub-Committee and references to Deputy Mayor also include the Vice-Chair of any Committee or Sub-Committee, unless the matter relates to Council meetings only.

3.3 The person presiding at the meeting may exercise any power of duty of the Mayor.

4. QUORUM

(a) The quorum of the Council is one quarter of the total number of councillors and no business shall be considered unless a quorum is present.

(b) If there is no quorum present at the time set for the start of a meeting, the start will be delayed for 30 minutes and if a quorum is still not present the meeting will stand adjourned to another day.

(c) If, during the meeting, the Mayor declares that there is no quorum, the meeting will adjourn immediately for up to 10 minutes. If the meeting is not quorate after 10 minutes the meeting will stand adjourned.

(d) Any business remaining shall be dealt with on a date and time fixed by the Mayor or if a date and time is not found, at the next ordinary meeting of the Council.

5. DURATION OF MEETING

5.1 The Chief Executive or their representative at any Council meeting will indicate to the councillors present when any meeting has lasted for 3 hours.

5.2 Unless the majority of councillors present then agree that the meeting should continue, it will automatically be adjourned. Any business not considered will be considered at a time and date fixed by the Mayor. If the Mayor does not fix a date the remaining business will be considered at the next ordinary meeting.

6. ORDINARY MEETINGS

6.1 Ordinary meetings of the Council will take place in accordance with a programme decided at, or before, the Council’s annual meeting or as otherwise agreed from time to time by the Council.

6.2 The Council will sing the National Anthem, led by the Mayor, at the commencement of proceedings, or at such point in the proceedings as the Mayor may otherwise direct.

6.3 The agenda at an ordinary Council meeting will normally be to:-

(a) Elect a person to preside if neither the Mayor or Deputy Mayor are present (see Standing Order 3.1)

(b) Receive any apologies for absence

(c) Approve the minutes of the last meeting

(d) Receive any declarations of interest from councillors

(e) Receive any announcements from the Mayor, Leader (or their nominated spokesperson), Committee Chairs and/or the Chief Executive

(f) Receive questions from members of the public and hear the Leader or other appropriate councillor provide answers

(g) Receive petitions; (See Standing Order 15)

(h) Deal with any business from the last Council meeting

(i) Deal with referrals from Strategic Committees in accordance with Standing Orders 32.4 and 32.5

(j) Deal with any recommendations from the Committees

(k) Receive reports from the Committee Chairs and any questions arising from those reports

(l) Receive reports about and hear questions and answers on the business of joint arrangements and external organisations

(m) Consider motions

(n) Hear the Leader or their nominee or appropriate Committee Chairs answer any questions from councillors on matters generally affecting the Borough or for which their committee has responsibility; and

(o) Consider any other business specified in the summons to the meeting.

7. EXTRAORDINARY MEETINGS

7.1 Calling Extraordinary Meetings
Those listed below may request the Chief Executive to call Council meetings in addition to ordinary meetings of the Council:

(a) The Council by resolution

(b) The Mayor

(d) Any five councillors if they have signed a requisition presented to the Mayor and the Mayor has refused to call a meeting or has failed to call a meeting within seven days of the presentation of the requisition.

7.2 Date of Extraordinary meeting
When considering a requisition, the Mayor shall decide, in consultation with the Chief Executive whether the meeting should be called on the same date as the next scheduled ordinary meeting of the Council or an alternative date in wholly exceptional circumstances.

7.3 Business
The business at an extraordinary meeting will be confined to consideration of the specific issue(s) for which it was called.

8. ANNUAL MEETING

8.1 Timing and business
In a year when there is an ordinary election of councillors, the annual meeting will take place within 21 days of the retirement of the outgoing councillors. In any other year, the annual meeting will take place in May.

8.2 The Council will sing the National Anthem, led by the Mayor, at the commencement of proceedings, or at such point in the proceedings as the Mayor may otherwise direct.

8.3 The Annual meeting will:

(a) Elect a person to preside if the Mayor is not present

(b) Elect a councillor to be the Mayor of the Council

(c) Elect a councillor to be Deputy Mayor of the Council

(d) Approve the minutes of the last ordinary meeting

(e) Receive any declarations of interest

(f) Receive any announcements from the Mayor

(g) Elect councillors to be the Leader and Deputy Leader for the next municipal year

(h) Approve a programme of ordinary meetings of the Council for the year is one has not previously been agreed; and

(i) Consider any business set out in the notice convening the meeting

8.4 Selection of Councillors on Committees and Outside Bodies
At the Annual meeting, the Council will:

(a) Decide which committees to establish for the municipal year

(b) Decide the size and terms of reference for those committees

(c) Decide the allocation of seats to political groups in accordance with the political balance regulations

(d) Appoint the Leader and Deputy Leader to be the Chair and Vice-Chair respectively of the Corporate Policy and Resources Committee

(e) Appoint the Chairs and Vice-Chairs of the other committees, on a politically proportionate basis, and where feasible these positions on any one Committee being filled by members from different political groups.

(f) Appoint the Chairs and Vice-Chairs of sub-committees, where necessary

(g) Receive nominations of Councillors to serve on each committee and those councillors to stand as substitute member on each Committee

(h) Appoint to such outside bodies not delegated to a Committee, that require a Council decision i.e. Police and Crime Commissioner’s Panel and South West Middlesex Crematorium Board

8.5 The Council may however decide at subsequent meetings to dissolve committees, alter their terms of reference or appoint new committees.

9. SUBSTITUTE MEMBERS OF COMMITTEES AND SUB-COMMITTEES

9.1 A councillor or their Group Leader may nominate another Councillor of their own political group to act as a substitute in the absence of the nominating Councillor at a meeting of a committee or sub-committee, in accordance with the Substitution Scheme set out in Part 4(c).

9.2 In the case of 2 member groups, a councillor or their Group Leader may nominate a councillor from another political group to act as substitute at Planning and Licensing Committees, in accordance with the Substitution Scheme set out in Part 4(c).

10. MINUTES

10.1 Signing the Minutes
The Mayor will sign the minutes of a meeting at the next suitable meeting. The Mayor will move that the minutes of the previous meeting be conformed and signed as a correct record. The only part of the minutes that can be discussed is their accuracy.

10.2 No Requirement to Sign Minutes of Previous Meeting at Extraordinary Meeting
Where, in relation to any meeting, the next meeting for the purpose of signing the minutes is a meeting called under paragraph 3 of schedule 12 to the Local Government Act 1972 (an Extraordinary Meeting), then the next following meeting (being a meeting called otherwise than under that paragraph) will be treated as a suitable meeting for the purposes of paragraph 41(1) and (2) of schedule 12 relating to signing of minutes.

10.3 Form of Minutes
Minutes will contain all motions and amendments in the exact form and order the Mayor put them.

11. DECLARATION OF INTEREST

11.1 Where in relation to an item on the agenda, a councillor has a Disclosable Pecuniary Interest, that interest should be declared at the start of the meeting by giving full details of the interest and the item to which it relates. The councillor must thereafter leave the room when that matter falls to be discussed and take no part in the debate or the vote for that business.

11.2 Where in relation to an item on the agenda, a councillor has

(a) a Non-Pecuniary interest arising under paragraph 9 and detailed in Appendix B of the Code of Conduct for Councillors and Co-opted Members (the “Members’ Code of Conduct”) (membership of outside bodies etc.), or,

(b) any other Conflict of Interest

then such interest should be declared at the start of the meeting by giving full details of the interest and the item to which it relates. A councillor is not required to leave the room when the item is debated but may do so if, in the opinion of the councillor concerned, it is advisable in all the circumstances of the case. A councillor with such an interest, who has remained for the debate, is entitled to speak and vote on the matter to which it relates.

12. REPORTS OF COMMITTEES

12.1 Where the Committee is reporting a matter which is reserved to Council the relevant Committee Chair (or a member of the relevant committee nominated by the chair of that committee) will introduce the report. The normal rules of debate will apply to any debate on the recommendations.

12.2 A Councillor may ask a question on any recommendation from Committees in accordance with standing order 14.1.

13. PUBLIC INVOLVEMENT IN COUNCIL

13.1 General
Meetings of the Council will allow for a period not exceeding 30 minutes during which time members of the public may ask the Leader or Committee/Sub-Committee Chairs, questions relating to matters over which the Council has powers or duties or which affect the Borough.

13.2 Order of Questions
Questions will be asked in the order received, except that the Mayor may group together similar questions. If more than two questions are submitted by the same person, the third and subsequent questions shall be moved to the end of the agenda item.

13.3 Notice of Questions
A question may only be asked if notice has been given by delivering the question in writing to the Chief Executive no later than 12 noon eight working days prior to the day of the Council meeting. Each question must give the name and address of the questioner and indicate the councillor to whom it is to be put.

13.4 Length of Questions

a) No question shall exceed 100 words in length in order to allow all members of the public submitting questions to have a fair and equitable opportunity to ask their question within the time allotted as stipulated at 13.1. The question may be accompanied by a statement of context which must not exceed 250 words and must be clearly separated from the text of the question. The statement of context and the question will be included in the agenda of the meeting.

b) The Chief Executive, or their representative, shall request that a question exceeding 100 words in length is re-submitted to meet this requirement, within one working day of the request being made.

c) Any question that fails to be re-submitted in accordance with 13.4 b) will receive a written response only, within 5 working days of the Council meeting for which it was submitted.

13.5 Number of Questions

A member of the public may not submit more than 4 questions for any Council meeting. A question may not contain sub-questions, as per 13.6 (h).

13.6 Scope of Questions
The Chief Executive and/or Monitoring Officer in consultation with the Mayor, may reject a question if it:

(a) Is not about a matter for which the Council has powers or duties or which affects the Borough; or

(b) Is defamatory, frivolous or offensive; or

(c) Requires the disclosure of confidential or exempt information or

(d) Is substantially the same as a question which has been put at a meeting of the Council, a Committee or Sub-Committee in the past six months or

(e) relates to the behaviour or conduct of an individual member, members or staff;

(f) Concerns a planning or licensing application;

(g) Is apparent that the question has been directed by a councillor or

(h) Contains sub questions.

13.7 Record of Questions
The Chief Executive will keep a record of each question and will, on receipt, send a copy of the question to the Councillor to who it is to be put. Rejected questions will include reasons for rejection.
Questions, (and statements of context) including those dealt with under Standing Order 13.4c), and the answers given will be recorded in the minutes of the meeting.

13.8 Asking the Question at the Meeting
The Mayor will invite the questioner to put the question to the councillor named in the notice. If a questioner who has submitted a written question is unable to be present, they may ask the Mayor to put the question on their behalf. The Mayor may ask the question on the questioner’s behalf and indicate that a written reply will be given or decide, in the absence of the questioner, that the question will not be dealt with.

13.9 Supplementary Question
No supplementary questions will be allowed.

13.10 Written Answers
Any question which cannot be dealt with during public question time, either due to lack of time, or the non-attendance of the councillor to whom it was to be put, or because not all the information was available, will be dealt with by a written answer.

13.11 Reference of Question to a Committee or Sub-Committee
Unless the Mayor decides otherwise, no discussion will take place on any question, but any councillor may move that a matter raised by a question be referred to a Committee or Sub-Committee. Once seconded, such a motion will be voted on without discussion.

14. QUESTIONS BY COUNCILLORS

14.1 General
Provided that the Chief Executive has received a copy of the question to be asked before 12 noon eight working days prior to the day of the Council meeting, a councillor may at any ordinary Council meeting

(a) ask the Leader or the relevant Chair of any Committee or Sub-Committee, about an issue in the councillor’s ward; or

(b) ask the Leader or the relevant Chair of any Committee or Sub-Committee about some issue in which the Council has powers or duties or which affects the Borough; or

14.2 Procedure on questions
Subject to Standing Order 14.4, every question shall be put and answered without discussion, but the councillor putting the question may ask one supplementary question.

14.3 The supplementary question must be one which either directly arises out of the answer given or is required to clarify some part of the answer.
The person to whom any question has been put may either:

(a) give a direct answer; or

(b) where the desired information is in a publication of the Council or other published work, refer the questioner to that publication or

(c) where the reply cannot conveniently be given orally, give a written answer circulated within 7 days.

14.4 Written Answers
Where the Mayor considers that:

(a) a question, or the likely answer to a question, is, or is likely to be excessively long, or

(b) that the number of questions at a meeting is excessive; or

(c) that the amount of other business to be transacted at the meeting demands it.

then the Mayor may direct that any question and answer shall be given in writing without being read aloud at the meeting

14.5 Where the Mayor directs written questions and answers in advance of the meeting, the question and answer shall be made available in writing at the meeting and shall be incorporated within the minutes of the meeting.

14.6 Nothing within Standing Order 14.3 shall prevent a councillor from putting a supplementary question at the meeting, except that the Mayor may direct any supplementary question to be answered in writing at a later date to enable a properly considered response to be given where the councillor to whom the question was put cannot reasonably be expected to have the level of information at hand to answer the point without prior notice.

15. PRESENTATION OF PETITIONS TO THE COUNCIL

15.1 If a petition is presented and relates to a matter in respect of which the Council has powers or duties or which affects the Borough, and it contains more than 4,500 signatures (1,000 for a single ward issue), it will automatically be referred to Council for debate in accordance with the Petition Scheme.

15.2 Presentation of a petition on the following business will not be allowed, as set out in the Petition Scheme:

(a) matters which are “confidential” or “exempt” under the Local Government Access to Information Act 1985; or

(b) planning applications

(d) statutory petitions

15.3 A petition organiser may present the petition to the Council meeting for no more than 3 minutes, provided that confirmation has been given to the Council’s Committees Section at least 10 working days before the meeting.

15.4 The Mayor will request any Councillor present at the meeting to move a motion to:

(a) take the action the petition requests; or

(b) not to take the action requested for reasons put forward in the debate; or

(c) note the petition and keep the mater under review; or

(d) if the content relates to a matter on the agenda for the meeting the petition be considered when the item is debated; or

(e) the petition be referred to the relevant Committee for further consideration.

15.5 Once the motion is seconded the petition will be discussed in accordance with the rules of debate. Any Councillor can move an alternative motion stated in 15.4 which will be seconded and debated as any amended motion.

15.6 The petition organiser will receive written confirmation of the decision.

16. MOTIONS ON NOTICE

16.1 Any councillor may give notice of a motion for consideration at any ordinary meeting of the Council.

16.2 Notice
These will be recorded in a book, open to public inspection.

16.3 Notice of any motion, except one which under these Standing Orders can be moved without notice, must be given in writing or email to the Chief Executive before 12 noon eight working days prior to the day of the Council meeting. (This will enable the information to be published with the Council agenda)

16.4 Motion Set Out In the Agenda
Motions for which notice has been given will be listed on the agenda in the order in which they are received, unless prior to publication of the agenda the councillor giving notice states, in writing or email, that they propose to move it to a later meeting or withdraw it.

16.5 Scope of Motion
Every Motion must relate to matters in which the Council has powers or duties and must not include declaratory statements relating to matters outside the ambit of the Council. Motions should be about something for which the Council has responsibilities, or which affects the Borough. Motions should be about a single discreet issue and not be in the opinion of the Chief Executive defamatory, frivolous, offensive or otherwise out of order.

16.6 Referral of Motion to Committee

The Chief Executive and Monitoring Officer, in consultation with the Mayor, shall decide, without discussion or debate, that the motion should be more appropriately referred to a Committee in which event it shall be placed on the agenda for the next available meeting of that Committee. Details of motions so referred will be included on the summons as a record. Otherwise, motions will be dealt with at the Council meeting to which they are submitted.

16.7 If a motion includes a proposal for the Council to take any significant policy decision which is contrary to the Budget and Policy Framework or likely to incur any expenditure in excess of £40k it shall only be considered in principle to the extent that the matter is noted by Council and is referred to the relevant Committee for consideration. The motion shall not be moved or debated. The minutes of the meeting will record the motion being received. Any decision on the motion shall be made at a future meeting of the Council which shall not consider the matter without a full report on the policy, budget and financial implications together with any recommendations from the Committee to which the matter was referred.

16.8 The Corporate Policy and Resources Committee may issue guidance on the application of Standing Order 16.7 with regards to the levels of any expenditure.

16.9 A Member of the Council who has proposed and seconded a motion which has been referred to any Committee shall have notice of the meeting of the Committee at which it is proposed to consider the motion. They shall have the right to attend the meeting and if they attend shall have an opportunity of explaining the motion.

16.10 A Motion referred to a Committee shall be considered in accordance with the Rules of Debate at section 18 below.

16.11 Length of Motion

No motion shall exceed 200 words in length.

16.12 Motion Not Moved
If a motion set out in the summons is not moved, either by the councillor who gave notice or by some other councillor on their behalf, it shall, unless the Council agrees otherwise, be treated as withdrawn. The motion may not be moved without fresh notice.

17. MOTIONS WITHOUT NOTICE
The following motions may be moved without notice and will then be followed by no more than the number of speakers in brackets.

(a) To appoint a Chairman of the meeting at which the motion is moved (none).

(b) In relation to the accuracy of the minutes (no limit).

(d) To refer something to an appropriate Committee or Sub-Committee (no limit).

(e) To withdraw a motion (none).

(f) To extend the time limit for speeches (none).

(g) To amend a motion (no limit).

(h) To proceed to the next business (none, except a right of reply in accordance with standing order **).

(i) That the question be now put (non, except a right of reply in accordance with standing order **).

(j) To adjourn a debate (none).

(k) To adjourn a meeting (none).

(l) To suspend a particular Standing Order (two).

(m) To exclude the public and press in accordance with the Access to Information Procedure Rules (two).

(n) To not hear further a councillor named under Standing Order 23.4 or to exclude them from the meeting under Standing Order 23.5 (none).

(o) To give the consent of the Council where its consent is required by the Constitution (no limit).

(p) To continue the meeting beyond 3 hours (none).

18. RULES OF DEBATE

18.1 No Speeches until Motion Seconded
No speeches may be made after the mover has moved a proposal and explained the purpose of it until the motion has been seconded.

18.2 Right to Require Motion in Writing
Unless notice of the motion has already been given, the Mayor may require it to be written down and handed to the Chief Executive before it is discussed.

18.3 Seconder’s Speech
When seconding a motion or amendment, a councillor may reserve their speech until later in the debate.

18.4 Content and Length of Speeches
Speeches must be directed to the question under discussion or to a personal explanation or point or order.
No speech may exceed FIVE minutes without the consent of the Mayor and may only exceed ten minutes with the consent of the Council.

18.5               When a Member May Speak Again
A councillor who has spoken on a motion or an amendment may not speak again whilst it is the subject of debate, except:
(a)     In exercise of a right of reply
(b)     On a point of order, or
(c)     By way of personal explanation.

18.6               Amendment to Motions
An amendment to a motion must be relevant to the motion and either be:
i)       To refer the matter to an appropriate Committee or Sub-Committee for          consideration or reconsideration;
ii)      To leave out words;
iii)     To leave out words and add others; or
iv)     To add words.

18.6.1 An amendment which forms the negative of the motion will not be allowed. Councillors should aim to keep the length of the amendment in line with that of the motion, which shall not exceed 100 words in length.

18.6.2 The Mayor may require the amendment to be written down and handed to the Chief Executive before it is discussed.

18.6.3 Only one amendment may be moved and discussed at any one time.
No further amendment may be moved until the amendment under discussion has been voted on or withdrawn by the mover and seconder. Amendments to motions must be moved at the earliest possible opportunity during the debate.

18.6.4 If an amendment is not agreed, other amendments to the original motion can be moved.

18.6.5 If an amendment is carried, the motion as amended takes the place of the original motion. This becomes the substantive motion to which any further amendments are moved.

18.6.6 After an amendment has been carried, the Mayor will read out the amended motion before accepting any further amendments, or if there are none, or if no member indicates they wish to speak, he/she will put it to the vote.

A diagram showing how decisions can be made is at Appendix 1.

18.7 Alteration of motion
(a) A councillor may alter a motion of which he/she has given notice with the consent of the meeting. The meeting’s consent will be signified without discussion;

(b) A councillor may alter a motion which he/she has moved without notice with the consent of both the meeting and the seconder. The meeting’s consent will be signified without discussion.

18.8 Withdrawal of Motion
A councillor may withdraw a motion which he/she has moved with the consent of both the meeting and the seconder. The meeting’s consent will be signified without discussion. No councillor may speak on the motion after the mover has asked permission to withdraw it unless permission is refused.

18.9 Right of Reply
(a) The mover of a motion has a right to reply at the end of the debate on the motion, immediately before it is put to the vote.

(b) If an amendment is moved, the mover of the original motion has the right of reply at the close of the debate on the amendment but may not otherwise speak on it.

(c) If an amendment has already been carried, the mover of that is deemed to be the mover of the substantive motion and therefore has the right of reply at the close of the debate on a further amendment.

(d) The mover of an amendment has no right of reply to the debate on their amendment.

18.10            Motions Which May Be Moved During Debate
When a motion is under debate, no other motion may be moved expect the following procedural motions:
(e)     To withdraw a motion;
(f)      To amend a motion;

(g) To proceed to the next business;

(h) That the question be now put (if an amendment is being debated, the amendment will be voted on);

(i) To adjourn a debate;

(j) To adjourn a meeting

(k) To exclude the public and press in accordance with the Access To Information Procedure Rules; and

(l) To not hear further a councillor names under Standing Order 23.4 or to exclude them from the meeting under Standing Order 23.5; and

(m) That the meeting continue beyond 3 hours in duration.

18.11            Closure motions
A councillor may move, without comment, the following motions at the end of a speech of another councillor;
(n)    To proceed to the next business;
(o)     That the question be now put;
(p)     To adjourn a debate; or
(q)     To adjourn a meeting.

18.11.1 If a motion to proceed to next business is seconded and the Mayor thinks the item has been sufficiently discussed, the Mayor will put the procedural motion to the vote. If it is passed the Mayor will give the mover of the original motion a right of reply before putting the motion to the vote.

18.11.2 If a motion that the question be now put is seconded and the Mayor thinks the item has been sufficiently discussed, the Mayor will give the mover of the original motion a right of reply and then put the procedural motion to the vote. If the vote on this procedural motion is successful then the item falls and will not be voted on and the meeting will move to the next item of business.

18.11.3 If a motion to adjourn the debate or to adjourn the meeting is seconded and the Mayor thinks the item has not been sufficiently discussed and cannot reasonably be so discussed on that occasion, the Mayor will put the procedural motion to the vote without giving the mover of the original motion the right of reply.

18.12 Point of Order
A councillor may raise a point of order at any time. The Mayor will hear them immediately. A point of order may only relate to an alleged breach of these Standing Orders or the law. The councillor must indicate the Standing Order or law and the way in which he/she considers it has been broken. The ruling of the Mayor on the matter will be final.

18.13 Personal Explanation
A councillor may make a personal explanation at any time. A personal explanation may only relate to some material part of an earlier speech by the councillor which may appear to have been misunderstood in the present debate. The ruling of the Mayor on the admissibility of a personal explanation will be final.

19 ANNOUNCEMENTS
The Mayor, the Leader, Chairs of Committees and the Chief Executive may make announcements of which notice is not required.

20 PREVIOUS DECISIONS AND MOTIONS

20.1 Motion to Rescind A Previous Decision
A motion or amendment to rescind a decision made at a meeting of Council within the past six months cannot be moved unless the notice of motion is signed by at least twelve councillors.

20.2 Motion similar to One Previously Rejected
A motion or amendment in similar terms to one that has been rejected at a meeting of Council in the past six months cannot be moved unless the notice of motion or amendment is signed by at least twelve councillors. Once the motion or amendment has been dealt with, no one can propose a similar motion or amendment for six months unless it is signed by at least twelve councillors.

21 VOTING

21.1 Majority
Unless this Constitution provides otherwise, any matter will be decided by a simple majority of those councillors voting and present in the room at the time the question was put.

21.2 Voting at Regulatory Committees
No member at a Regulatory Committee may vote unless they have been present for the entire consideration of the item under discussion.

21.3 Chairman’s Casting Vote
If there are equal numbers of votes for and against, the Mayor will have a second or casting vote. There will be no restriction on how the Mayor chooses to exercise a casting vote.

21.4 Show of Hands
Unless a recorded vote is requested, the Mayor will take the vote by show of hands, or if there is no dissent, by the affirmation of the meeting.

21.5 Recorded Vote

(a) If any councillor present at the meeting requests it before the vote is taken, the names for and against the motion or amendment or abstaining from voting will be taken down in writing and entered into the minutes.

(b) Where the Council makes a budget decision either (i) a calculation in accordance with the Local Government and Finance Act 1992 or (ii) issues a precept under Chapter 4 of Part 1 of that Act then a recorded vote shall be held. For the avoidance of doubt this applies to proposed amendments as well as to the original and any substantive motion.

21.6 Right to Require Individual Vote To Be Recorded
Where any councillor requests it immediately after the vote is taken, their vote will be so recorded in the minutes to show whether they voted for or against the motion or abstained from voting.

21.7 Voting on Appointments
If there are more than two people nominated for any position to be filled and there is not a clear majority of votes in favour of one person, then the name of the person with the least number of votes will be taken off the list and a new vote taken. The process will continue until there is a majority of votes for one person.
In relation to the appointment of Chairs of Committees and in the event of deadlock, the Chair will be elected by drawing lots.

22 OFFICERS SPEAKING DURING DEBATES

22.1               Any Chief Officer or their representative may signify their wish to speak. The Mayor shall then use their discretion to call upon the Officer at an appropriate point during the debate. The subject matter on which an Officer may speak shall be confined to:
i)       providing relevant information; or
ii)      explanation or interpretation of any law, regulation, protocol or procedure.

22.2 The Mayor may, at their discretion, permit a councillor to seek, through the Chair, the opinion of any Officer present at the meeting on a particular point.

22.3 Any Officer may be called upon to speak by the Mayor who shall indicate the subject matter.

22.4 Where an Officer is presenting a report of which prior notice has been given, the above rules do not apply, in relation to the presentation.

23 COUNCILLORS’ CONDUCT

23.1 Role of Mayor
The Mayor is required to ensure that the meeting is conducted in a calm atmosphere of decorum.

23.2 Standing to Speak
When councillors speak at Council they must stand and address the meeting through the Mayor, if they are able to. If more than one councillor stands, the Mayor will ask one to speak and the others must sit. Other councillors must remain seated whilst a councillor is speaking unless they wish to make a point of order or a point of personal explanation.

23.3 Mayor Standing
When the Mayor stands during a debate, any councillor speaking at the time must stop and sit down. The meeting must be silent.

23.4 Member Not to Be Heard Further
If a councillor persistently disregards the ruling of the Mayor by behaving improperly or offensively or deliberately obstructs business, the Mayor may move that the councillor be not heard further. If seconded, the motion will be voted on without discussion.

23.5 Member to Leave the Meeting
If the councillor continues to behave improperly after such a motion is carried, the Mayor may move that either the councillor leaves the meeting or that the meeting is adjourned for a specified period. If seconded, the motion will be voted on without discussion.

23.6 General Disturbance
If there is a general disturbance making orderly business impossible, the Mayor may adjourn the meeting for as long as he/she thinks necessary.

24 DISTURBANCE BY THE PUBLIC

24.1 Removal of Member of the Public
If a member of the public interrupts or intrudes upon proceedings or otherwise prevents the orderly business of the meeting, the Mayor will warn the person concerned. If they continue to interrupt etc., the Mayor will order their removal from the meeting room.

24.2 Clearance of Part of Meeting Room
If there is a general disturbance in any part of the meeting room open to the public, the Mayor may call for that part to be cleared.

25 EXCLUSION OF PUBLIC
Members of the public and press may only be excluded either in accordance with the Access to Information Rules in Part 4 of this Constitution or under Standing Order 24 (Disturbance by public).

26 RECORD OF ATTENDANCE
All councillors present during the whole or part of a meeting must sign their names on the attendance sheets before the conclusion of every meeting to assist with the record of attendance.

27 PHOTOGRAPHY AND AUDIO/VISUAL RECORDING OF MEETINGS
Audio/visual recording at Council meetings is permitted in accordance with the Openness of Local Government Bodies Regulations 2014 and in accordance with the Council’s protocol in part 5 of the Constitution.

28 SUSPENSION AND AMENDMENT OF COUNCIL STANDING ORDERS

28.1 Suspension
All these Standing Orders except for Standing Orders 10.1 (signing of minutes), 21.6 (enabling a councillor to record their vote) or 38.2 and 38.3 (continuation of meeting beyond 3 hours up to an absolute cut-off of 10.30pm) may be suspended by motion on notice or without notice if at least one half of the whole number of members of the Council are present. Suspension can only be for the duration of the meeting.

28.2 Amendment
Any motion to add to, vary or revoke these Standing Orders will, when proposed and seconded, stand adjourned without discussion to the next ordinary meeting of the Council to which the Monitoring Officer shall submit a report. Unless prior notice of the proposal has been the subject of consideration and report by the Monitoring Officer and has been placed on the agenda of the meeting.

29 APPLICATION TO ALL COMMITTEES AND SUB COMMITTEES
All the preceding Standing Orders apply to meetings of Council and to meetings of Committee and Sub-Committees except where specific rules apply.

ADDITIONAL SPECIFIC RULES APPLYING TO COMMITTEES

30 CALLING OF COMMITTEE MEETINGS

30.1 Each Strategic Committee shall meet in accordance with a programme of scheduled meetings approved annually by the Council and meetings will normally commence at 7.00pm.

30.2 This programme may be amended, and additional meetings proposed by Chief Officers in consultation with the Chair and Vice-Chair, may be called as required throughout the year to ensure the efficient conduct of business. Any proposed amendments to the programme shall be agreed by the Chair and Vice-Chair of the relevant Committee.

Extraordinary Committee Meetings

30.3 Those listed below may convene extraordinary Committee meetings in addition to ordinary meetings:

a) the majority of the Committee or Sub-Committee in relation to any matter which cannot wait until the next ordinary meeting.

b) the Monitoring Officer in agreement with the Chair and Vice-Chair.

c) the Monitoring Officer or the Section 151 Officer in pursuance of their constitutional or statutory duties.

31 PUBLIC OR PRIVATE MEETINGS OF COMMITTEES
All Committee and Sub-Committee meetings will normally be held in public as set out in the Access to Information Rules unless the consideration of a specific item of business warrants the exclusion of the press and public because it contains exempt or confidential information.

32 HOW ARE COMMITTEE DECISIONS TAKEN?

32.1 Formal decisions that have been delegated by the Council to Committees and Sub-Committees will be taken at a meeting convened in accordance with the Access to Information Rules. All Committee and Sub-Committee decisions are collective decisions. No formal decisions may be taken by the Chair of a Committee or Sub-Committee on behalf of the Committee or Sub-Committee.

32.2 In taking decisions, Committees and Sub-Committees will accord with the plans and strategies set out in the Council’s Budget and Policy Framework and will abide by the protocols in the Constitution.

32.3 The Chair of any Committee or Sub-Committee has discretion to deal with the debate on any item on an agenda in a manner other than as prescribed in the Rules of Debate (SO18), and which is appropriate for that item.

Referral of decision to parent body

32.4 The Committee may pass a resolution at the relevant meeting that the decision on a particular item of business before the Committee shall be referred to the parent body even though it is normally a delegated function. This will not prevent the Committee from debating the matter and making a recommendation.

Such a request cannot be made if:

· the item has been identified on the written agenda as the subject of an urgent decision. In this context, urgent decisions are those which:

(a) cannot wait until the next scheduled meeting or

(b) are defined as ‘cannot reasonably be deferred’

The need and reasons for urgency must be included in the report to the Committee.

Or:

· the delay caused by referring the decision to the parent body will lead to breach of a legislative or contractual deadline; or

· the Chair of the meeting is satisfied, having consulted any or all of the Chief Executive, Monitoring Officer, Chief Finance Officer, and other appropriate and available staff, that the Council's interests will be substantially prejudiced by the delay.

32.5 A request for a referral made under 32.4 may only be withdrawn by the referring Committee or the Chair of that Committee with the approval of the parent body to which it was referred.

33 WHO PRESIDES AT A COMMITTEE MEETING
The appointed Chair of a Committee or Sub-Committee will preside at any meeting of the relevant Committee or Sub-Committee at which they are present. In the absence of the Chair, the Vice Chair will preside. In the absence of both the Chair and Vice Chair, the meeting will elect a Chair for that meeting only.

34 BUSINESS TO BE TRANSACTED AT A COMMITTEE MEETING

34.1 At each meeting of a Committee or Sub-Committee, the following business will be conducted:

(a) Election of a Chair, if necessary;

(b) Consideration of the minutes of the previous meeting;

(d) Representations by members of the public in respect of any matters set out in the agenda will be dealt with using the public speaking rules outlined in this Constitution;

(e) Matters arising from the relevant Committee’s section of the Council’s Forward Plan;

(f) Matters referred to the Committee or Sub-Committee by Council;

(g) Matters raised by members of the Committee or Sub-Committee in accordance with Standing Order 34.2 Any other matter set out on the agenda requiring a decision or consideration as determined by the relevant Committee or Sub-Committee Chair, in association with the Vice-Chair.

34.2 All requests by members for matters to be considered by a committee of which they are a voting member shall be submitted in writing to the Chief Executive by no later than 10:00am on the eighth working day before the date of the meeting. Such items shall be included on the agenda under the Forward Plan. The member who raised the matter shall then be allowed to speak at the meeting for no longer than three minutes to convince the committee that a report on the matter should be included on the agenda for a future committee meeting, taking into account officer comments on the matter and workloads.

35 ATTENDANCE OF ELECTED MEMBERS NOT APPOINTED TO A PARTICULAR COMMITTEE OR SUB-COMMITTEE

35.1 Any Councillor may attend a Committee or Sub-Committee of which they are not one of the appointed members, with the exception of the committees described in paragraph 35.3 below. A councillor who is ‘in attendance’ is not entitled to vote on any item and cannot participate in the meeting apart from in the following circumstances:

a) during the consideration of any motion of which notice has been given which they have moved at a meeting of the Council and which has been referred to that Committee, or

b) with the permission of the Chair of the meeting of the Committee or Sub-Committee, they may speak once on each item they request to speak on. The relevant Committee or Sub-Committee must agree for the Councillor to speak more than once on any particular item.

35.2 Any Councillor wishing to speak at a meeting under the provisions of Standing Order 35.1b) must give Committee Services at least 24 hours’ notice of their request to do so.

35.3 Councillors who are not an appointed member of a Chief Officer Appointments or Disciplinary Committee may not attend any part of these meetings.

35.4 Where a Councillor is not a member of the committee, sub-committee or panel, they should sit in the public gallery so that it is clear to the public that the member is not part of the body taking the decisions.

36 ATTENDANCE BY OTHERS AT A COMMITTEE MEETING

Following consultation with the relevant Deputy Chief Executive/Group Head, the Chair of the Committee or Sub-Committee may agree to invite individuals other than Councillors and Officers to attend their meetings to discuss issues of local concern or provide expert OPINION.

37 APPOINTMENT OF SUB-COMMITTEES

37.1 All Committees may appoint one or more Sub-Committees with decision-making powers to execute any of the functions delegated by the Council to that Committee.

37.2 In the case of a Sub-Committee where membership is not restricted to Members of the relevant parent Committee, the appointment of that Sub-Committee will be recommended to Council for approval.

38 DURATION OF COMMITTEE AND SUB-COMMITTEE MEETINGS

38.1 This Standing Order does not apply to meetings of the Appointments Committee or Licensing Sub-Committees.

38.2 The Committee Manager present at the meeting will indicate to the councillors present when any meeting has lasted for 3 hours.

38.3 Unless the majority of councillors present then agree that the meeting should continue, subject to an absolute cut-off of 10.30pm, it will automatically be adjourned. Any business not dealt with will be considered at a time and date fixed by the Chair. If the Chair does not fix a date the remaining business will be considered at the next ordinary meeting.

38.4 Any Committee or Sub-Committee meeting in session at 10.30pm will automatically be adjourned. Any business not dealt with will be considered at a time and date fixed by the Chair. If the Chair does not fix a date the remaining business will be considered at the next ordinary meeting.

39 PUBLIC PARTICIPATION IN COMMITTEE AND SUB-COMMITTEE MEETINGS

39.1 Members of the public who either live or work in the borough are able to participate in Committee and Sub-Committee meetings in accordance with the policies and rules established by the Council from time to time, this includes the ability to submit written questions in accordance with Standing Order 40.

39.2 The following Standing Order does not apply to meetings of Planning Committee or Licensing Sub-Committees, which have separate procedures for public participation.

40 PUBLIC QUESTIONS AT COMMITTEE AND SUB-COMMITTEE MEETINGS

40.1 General
At any ordinary meeting of a Strategic Committee or Sub-Committee, members of the public may ask Committee/Sub-Committee Chairs, questions relating to any matter within the Committee’s remit.

40.2 Notice of Questions
A question may only be asked if notice has been given by delivering the question in writing to the Committee Services section (committeeservices@spelthorne.gov.uk) and Monitoring Officer (monitoringofficer@spelthorne.gov.uk) no later than 12 noon eight working days prior to the day of the meeting.

40.3 Each question must give the name and address of the questioner and must not exceed 150 words in length.

40.4 Scope of Questions
The Chief Executive and/or Monitoring Officer in consultation with the Chair of the relevant Committee may reject a question if it:

a) Is not relevant to the remit of the Committee or Sub-Committee to which it is to be put; or

b) Is defamatory, frivolous or offensive; or

c) Requires the disclosure of confidential or exempt information; or

d) Is substantially the same as a question which has been put at a meeting of the Council, a Committee or Sub-Committee in the past six months; or

e) Is apparent that the question has been directed by a councillor; or

f) Contains sub questions.

40.5 Number of Questions

The number of public questions asked at any meeting of a Committee/Sub-Committee meeting will be limited to three.

40.5.1 Questions will be asked on a first come first served basis.

40.5.2 Questions that exceed this limit will receive a written response from an officer.

40.6 Record of Questions
The Chief Executive will keep a record of each question and will, on receipt, send a copy of the question to the Chair of the Committee/Sub-Committee to which it is to be put. Rejected questions will include reasons for rejection.

40.6.1 Questions and the answers given will be recorded in the minutes of the meeting.

40.7 Asking the Question at the Meeting
The Chair will invite the questioner(s) in turn to ask their question during Public Question time. If a questioner who has submitted a written question is unable to be present, they may ask the Chair to put the question on their behalf. The Chair may ask the question on the questioner’s behalf and indicate that a written reply will be given or decide, in the absence of the questioner, that the question will not be dealt with.

40.8 Supplementary Question
No supplementary questions will be allowed.

40.9 Duplication of Questions

A question put to a Committee or sub-Committee may not also be asked at a Council meeting, or vice-versa, unless 6 months have elapsed since the question was put.

41 PLANNING COMMITTEE – SPEAKING BY THE PUBLIC AND WARD COUNCILLORS

41.1 The Planning Committee will receive representations from members of the public and applicants in accordance with procedures agreed from time to time by the Committee.

41.2 Any councillor may attend meetings of the Planning Committee but must sit separately from the members of the Committee so that it is clear to members of the public who are the members of the Committee.

41.3 Any councillor in attendance may, when invited to do so by the Chairman, speak at the meeting in relation to an item relating to their ward provided he/she has notified the Chairman, before the start of the meeting, of their wish to speak on the item.

42 LICENSING COMMITTEE – SPEAKING BY WARD COUNCILLORS

Any councillor may attend meetings of the Licensing Committee but must sit separately from the members of the Committee so that it is clear to members of the public who are the members of the Committee. Any councillor in attendance may, when invited to do so by the Chairman, speak at the meeting in relation to an item relating to their ward provided they have notified the Chairman, before the start of the meeting, of their wish to speak on the item.

43 AUDIT COMMITTEE – ATTENDANCE BY NON-COMMITTEE COUNCILLORS

Any councillor may attend meetings of the Audit Committee of which he/she is not a member but shall sit separately from the members of the Committee so that it is clear to members of the public who are the members of the Committee. A councillor in attendance at such meetings may, when invited to do so by the Chairman, speak at the meeting in relation to an issue being discussed provided he/she has notified the Chairman before the start of the meeting of a wish to speak on an item.

44 CHAIRING OF COMMITTEES

No councillor shall hold more than one Chair’s position at any time and in this Standing Order "chairing" means the office of Chairman or Vice-Chairman of a Committee.