Click below to read the Code of Conduct which was approved on 21 September 2021L G A Model Councillor Code of Conduct 2020 WEB
Holme Parish Council
Operation London Bridge – Policy to follow on death of Monarch or Consort
- On announcement of a death, the Clerk shall cancel or rearrange any forthcoming Parish Council meetings and reconvene to after the period of mourning (10 days after death). Any other celebratory events scheduled should also be rearranged apart from Remembrance Services.
- The Clerk shall obtain/purchase and publish an official picture of the deceased from those issued by the Palace authorities on the Parish Council Website and provide a picture to others who request it. Suitable words from the Chairman of the Council to be added.
- The Clerk shall work with the Churchwardens to arrange a service in Church on the eve of the state funeral.
- The day of the State Funeral will be a Public Holiday.
- The Churchwardens will allocate a space in the Churchyard for the public to lay flowers and arrange for their disposal -to be composted- on the morning after the state funeral is held.
- The Chairman, Clerk and Churchwardens to discuss whether a book of condolence is required and if so this shall be accommodated in the Church.
Holme Parish Council Risk Assessment
9 April 19
Financial Risk Assessment
Possible Risk: Accounting errors due to lack of financial controls.
To address risk: The Parish council has adopted Financial Regulations and Standing Orders and reviews these procedures annually.
The Clerk is the Responsible Financial Officer and the Chairman and Councillor oversee accounting procedures. All financial documentation held by the Clerk is open to inspection.
Monies received are receipted and banked promptly.
All payments are itemised on the Agenda prepared for meetings. All payments are approved at meetings of the full council. Most payments are made by Bacs or cheque and no petty cash is held. Cheques are signed in accordance with the banking mandate and cheque stubs initialled. Cheque numbers, amount and date are written on the invoice. Electronic Bacs payments follow the same process and a member of the Council, after approval by another Councillor, will release the payment online via a password protected environment.
Receipts and Payments are entered on a spreadsheet and copies given to each Councillor at every Parish Council meeting, and attached to the minutes.
Bank statements are reconciled on receipt, given to Councillors at the meeting and the reconciliation is also attached to the minutes.
VAT is reclaimed annually.
Possible Risk: Budget error, wrong amount precepted resulting in too little/too much money to meet Council’s commitments. Excess reserves or spending beyond resources.
To address risk: The budget is prepared in November for the following year. All items for inclusion are fully discussed and financially assessed. A Precept is requested based on the items included in the budget. The Clerk gives a financial report at every meeting with supporting documents given out to each Councillor.
The Clerk’s salary is reviewed annually in January.
Maintenance contracts are reviewed annually or bi-annually and quotations requested before the budget is set.
Possible Risk: Loss of funds due to misappropriation.
To address risk: All orders for good and services are made through the Clerk and with prior authorisation at a Parish Council meeting, except in the case of emergency when the Clerk may incur expenditure having gained approval from the Chairman or Vice Chairman as detailed in the Financial Regulations adopted by the Council.
The Clerk may purchase minor stationery items needed for office administration with the cost being refunded monthly on production of receipts.
All invoices and cheques or BACS payments are approved and signed in accordance with financial regulations and banking mandate.
The Parish Council has cover for Fidelity guarantee within its insurance and this is reviewed annually before renewal to ensure that cover is adequate.
The Clerk keeps a copy of the Register of interests of all Councillors and they are required to inform the Clerk of any changes.
The Clerk’s wages are calculated and paid monthly. Tax and National Insurance are calculated and paid to HMRC quarterly.
Year End accounts are prepared by the Clerk as soon after the end of March as possible and presented to the Council at the next meeting.
An independent auditor is appointed to carry out a full audit at the end of each financial year.
Possible Risk: Under insurance, public liability, employee liability.
To address risk: Insurance cover is reviewed each year prior to renewal. All assets are listed in the Health and Safety folder. If there are any changes these are updated promptly.
All contractors employed by the Parish Council are required to hold Public Liability Insurance cover.
The Parish council has Employers Liability cover and Fidelity Guarantee. Clerk and Councillors have Personal accident cover for duties connected with Parish Council.
Health & Safety
Health & Safety is reviewed at each Parish Council meeting. A nominated Councillor carries out regular inspections of Parish Council property before every meeting. Items requiring maintenance are reported to the Clerk at the next Parish Council meeting or if repairs are more urgent these are dealt with immediately.
An annual inspection of the Clerk’s home office is carried out to ensure that the area is safe (e.g. no trailing wires) and that equipment is being correctly used and maintained.
Meetings are held at the village hall and the room is inspected immediately prior to each meeting by the Clerk and a councillor to ensure that there are no hazards to Councillors, Clerk, or members of the public. Emergency signs and exits are present.
Holme Parish Council
Retention and Disposal Policy
- The Council accumulates a vast amount of information and data during the course of its everyday activities. This includes data generated internally in addition to information obtained from individuals and external organisations. This information is recorded in various different types of document.
- Records created and maintained by the Council are an important asset and as such measures need to be undertaken to safeguard this info Properly managed records provide authentic and reliable evidence of the Council’s transactions and are necessary to ensure it can demonstrate accountability.
- Documents may be retained in either ‘hard’ paper form or in electronic forms. For the purpose of this policy, ‘document’ and ‘record’ refers to both hard copy and electronic records.
- It is imperative that documents are retained for an adequate period of time. If documents are destroyed prematurely the Council and individual officers concerned could face prosecution for not complying with legislation and it could cause operational difficulties, reputational damage and difficulty in defending any claim brought against the Council.
- In contrast to the above the Council should not retain documents longer than is necessary. Timely disposal should be undertaken to ensure compliance with the General Data Protection Regulations so that personal information is not retained longer than necessary. This will also ensure the most efficient use of limited storage space.
- Scope and Objectives of the Policy
- The aim of this document is to provide a working framework to determine which documents are:
- Retained – and for how long; or
- Disposed of – and if so by what method.
- There are some records that do not need to be kept at all or that are routinely destroyed in the course of business. This usually applies to information that is duplicated, unimportant or only of a short-term value. Unimportant records of information include:
- ‘With compliments’ slips.
- Catalogues and trade journals.
- Non-acceptance of invitations.
- Trivial electronic mail messages that are not related to Council business.
- Requests for information such as maps, plans or advertising material.
- Out of date distribution lists.
- Duplicated and superseded material such as stationery, manuals, drafts, forms, address books and reference copies of annual reports may be destroyed.
- Records should not be destroyed if the information can be used as evidence to prove that something has happened. If destroyed the disposal needs to be disposed of under the General Data Protection Regulations
- Roles and Responsibilities for Document Retention and Disposal
- Councils are responsible for determining whether to retain or dispose of documents and should undertake a review of documentation at least on an annual basis to ensure that any unnecessary documentation being held is disposed of under the General Data Protection Regulations.
- Councils should ensure that all employees are aware of the retention/disposal schedule.
- Document Retention Protocol
- Councils should have in place an adequate system for documenting the activities of their service. This system should take into account the legislative and regulatory environments to which they work.
- Records of each activity should be complete and accurate enough to allow employees and their successors to undertake appropriate actions in the context of their responsibilities to:
- Facilitate an audit or examination of the business by anyone so authorised.
- Protect the legal and other rights of the Council, its clients and any other persons affected by its actions.
- Verify individual consent to record, manage and record disposal of their personal data.
- Provide authenticity of the records so that the evidence derived from them is shown to be credible and authoritative.
- To facilitate this the following principles should be adopted:
- Records created and maintained should be arranged in a record-keeping system that will enable quick and easy retrieval of information under the General Data Protection Regulations
- Documents that are no longer required for operational purposes but need retaining should be placed at the records office.
- The retention schedules in Appendix A: List of Documents for Retention or Disposal provide guidance on the recommended minimum retention periods for specific classes of documents and records. These schedules have been compiled from recommended best practice from the Public Records Office, the Records Management Society of Great Britain and in accordance with relevant legislation.
- Whenever there is a possibility of litigation, the records and information that are likely to be affected should not be amended or disposed of until the threat of litigation has been removed.
- Document Disposal Protocol
- Documents should only be disposed of if reviewed in accordance with the following:
- Is retention required to fulfil statutory or other regulatory requirements?
- Is retention required to meet the operational needs of the service?
- Is retention required to evidence events in the case of dispute?
- Is retention required because the document or record is of historic interest or intrinsic value?
- When documents are scheduled for disposal the method of disposal should be appropriate to the nature and sensitivity of the documents concerned. A record of the disposal will be kept to comply with the General Data Protection Regulations.
- Documents can be disposed of by any of the following methods:
- Non-confidential records: place in waste paper bin for disposal.
- Confidential records or records giving personal information: shred documents.
- Deletion of computer records.
- Transmission of records to an external body such as the County Records Office.
- The following principles should be followed when disposing of records:
- All records containing personal or confidential information should be destroyed at the end of the retention period. Failure to do so could lead to the Council being prosecuted under the General Data Protection Regulations.
- the Freedom of Information Act or cause reputational damage.
- Where computer records are deleted steps should be taken to ensure that data is ‘virtually impossible to retrieve’ as advised by the Information Commissioner.
- Where documents are of historical interest it may be appropriate that they are transmitted to the County Records office.
- Back-up copies of documents should also be destroyed (including electronic or photographed documents unless specific provisions exist for their disposal).
- Records should be maintained of appropriate disposals. These records should contain the following information:
- The name of the document destroyed.
- The date the document was destroyed.
- The method of disposal.
- Data Protection Act 1998 – Obligation to Dispose of Certain Data
- The Data Protection Act 1998 (‘Fifth Principle’) requires that personal information must not be retained longer than is necessary for the purpose for which it was originally obtained. Section 1 of the Data Protection Act defines personal information as:
Data that relates to a living individual who can be identified:
- from the data, or
- from those data and other information which is in the possession of, or is likely to come into the possession of the data controller.
It includes any expression of opinion about the individual and any indication of the intentions of the Council or other person in respect of the individual.
- The Data Protection Act provides an exemption for information about identifiable living individuals that is held for research, statistical or historical purposes to be held indefinitely provided that the specific requirements are met.
- Councils are responsible for ensuring that they comply with the principles of the under the General Data Protection Regulations namely:
- Personal data is processed fairly and lawfully and, in particular, shall not be processed unless specific conditions are met.
- Personal data shall only be obtained for specific purposes and processed in a compatible manner.
- Personal data shall be adequate, relevant, but not excessive.
- Personal data shall be accurate and up to date.
- Personal data shall not be kept for longer than is necessary.
- Personal data shall be processed in accordance with the rights of the data subject.
- Personal data shall be kept secure.
- External storage providers or archivists that are holding Council documents must also comply with the above principles of the General Data Protection Regulations.
- Scanning of Documents
- In general once a document has been scanned on to a document image system the original becomes redundant. There is no specific legislation covering the format for which local government records are retained following electronic storage, except for those prescribed by HM Revenue and Customs.
- As a general rule hard copies of scanned documents should be retained for three months after scanning.
- Original documents required for VAT and tax purposes should be retained for six years unless a shorter period has been agreed with HM Revenue and Customs.
- Review of Document Retention
- It is planned to review, update and where appropriate amend this document on a regular basis (at least every three years in accordance with the Code of Practice on the Management of Records issued by the Lord Chancellor).
- This document has been compiled from various sources of recommended best practice and with reference to the following documents and publications:
- Local Council Administration, Charles Arnold-Baker, 910h edition, Chapter 11
- Local Government Act 1972, sections 225 – 229, section 234
- SLCC Advice Note 316 Retaining Important Documents
- SLCC Clerks’ Manual: Storing Books and Documents
- Lord Chancellor’s Code of Practice on the Management of Records issued under Section 46 of the Freedom of Information Act 2000
- List of Documents
- The full list of the Council’s documents and the procedures for retention or disposal can be found in Appendix A: List of Documents for Retention and Disposal. This is updated regularly in accordance with any changes to legal requirements.
Council Name: Holme Parish Council
Council Address: C/o 24 Church St, Holme, Peterborough PE7 3PB
Email Address: firstname.lastname@example.org
Telephone number:01487 831559
The Management of Transferable Data Policy
1.1 This policy supports the controlled storage and transfer of information by Councillors and all employees, temporary staff and agents (contractors, consultants and others working on behalf of the Council) who have access to and use of computing equipment that is owned or leased by Holme Parish Council.
1.2 Information is used throughout the Council and is sometimes shared with external organisations and applicants. The use of removable media may result in the loss of the ability to access information, or interference with the integrity of information, which could have a significant effect on the efficient operation of the Council and may result in financial loss and an inability to provide services to the public.
1.3 It is therefore essential for the continued operation of the Council that the availability, integrity and confidentiality of all storage devices are maintained at a level which is appropriate to the Council’s needs.
1.4 The aims of the policy are to ensure that the use of removable storage devices is accomplished with due regard to:
1.4.1 Enabling the correct data to be made available where it is required
1.4.2 Maintaining the integrity of the data
1.4.3 Preventing unintended consequences to the stability of the computer network
1.4.4 Building confidence and trust in data that is being shared between systems
1.4.5 Maintaining high standards of care towards data and information about individual parishioners, staff or information that is exempt from disclosure
1.4.6 Compliance with legislation, policies or good practice requirements
2.1 This policy sets out the principles that will be adopted by the Council in order for material to be safely stored on removable media so that the risk of loss or corruption to work data is low.
2.2 Removable media includes but is not limited to:
USB memory sticks, memory cards, portable memory devices, CD / DVDs, diskettes and any other device that transfers data between systems, or stores electronic data separately from email or other applications.
2.4 Any person who intends to store Council data on removable media must abide by this Policy. This requirement devolves to Councillors, employees and agents of the Council, who may be held personally liable for any breach of the requirements of this policy.
2.5 Failure to comply with this policy could result in disciplinary action.
3.1 The clerk will ensure that everyone that is authorised to access the Council’s information systems is aware of their obligations arising from this policy.
3.2 A competent person should be consulted over any hardware or system issues. Advice and guidance on using software packages should be also sort from a competent person.
4.1 Clerks are responsible for enforcing this policy and for having arrangements in place to identify the location of all data used in connection with Council business.
4.2 Users of removable media must have adequate Records Management / Information Security training so that relevant policies are implemented.
5.1 It is the duty of all employees and agents of the Council to not allow storage media to be compromised in any way whist in their care or under their control. There must be immediate reporting of any misuse or irresponsible actions that affect work data or information, any loss of material, or actual, or suspected breaches in information security to the clerk.
5.2 It is the duty of all Councillors/Employees to report any actual or suspected breaches in information security to the clerk.
6.1 Removable media should not be the only place where data created or obtained for work purposes is held, as data that is only held in one place and in one format is at much higher risk of being unavailable through loss, destruction or malfunction of equipment, than data which is routinely backed up.
6.2 Where removable media is used to transfer material between systems then copies of the data should also remain on the source system or computer, until the data is successfully transferred to another computer or system.
6.3 Where there is a business requirement to distribute information to third parties, then removable media must only be used when the file cannot be sent or is too large to be sent by email or other secure electronic means.
6.4 Transferring material to removable media is a snapshot of the data at the time it was saved to the media. Adequate labelling must be undertaken so as to easily identify the version of the data, as well as its content.
6.5 Files must be deleted from removable media, or the removable media destroyed, when the operational use of the material has been completed. The Council’s retention and disposition schedule must be implemented by Councillors, employees, contractors and agents for all removable media.
7.1 All storage media must be kept in an appropriately secure and safe environment that avoids physical risk, loss or electrical corruption of the business asset. Due to their small size there is a high risk of the removable media being mislaid lost or damaged, therefore special care is required to physically protect the device and the data. Anyone using removable media to transfer data must consider the most appropriate way to transport the device and be able to demonstrate that they took reasonable care to avoid damage or loss.
7.2 Virus Infections must be prevented from damaging the Councils network and computers. Virus and malware checking software approved by the Council, must be operational on both the machine from which the data is taken and the machine on to which the data is to be loaded. The data must be scanned by the virus checking software, before the media is loaded on to the receiving machine.
7.3 Any memory stick used in connection with Council equipment or to store Council material should usually be Council owned. However work related data from external sources can be transferred to the Council network using memory sticks that are from trusted sources and have been checked using current anti-virus software.
7.4 The Council will not provide support or administrator access for any non-council memory stick.
8.1 Care must be taken over what data or information is transferred onto removable media. Only the data that is authorised and necessary to be transferred should be saved on to the device.
8.3 Council material belongs to the Council and any equipment on which it is held should be under the control of the Council and not available to be used for other purposes that may compromise the data.
8.4 All data transferred to removable media should be in accordance with an agreed process established by the Council so that material can be traced.
8.5 The person arranging the transfer of data must be authorised to make use of, or process that particular data.
8.6 Whilst in transit or storage the data must be given appropriate security according to the type of data and its sensitivity.
8.7 Encryption must be applied to the data file unless there is no risk to the Council, other organisations or individuals from the data being lost whilst in transit or storage. If encryption is not available then password control must be applied if removable media must be used for the business purpose.
9.1 Damaged or faulty media must not be used. The clerk must be consulted over any damaged equipment, peripherals or media.
9.2 All unneeded or faulty storage devices must be dealt with securely to remove the data before reallocating or disposing of the device.
10.1 Users who do not adhere to this policy will be dealt with through the Councils disciplinary process.
10.2 11.3 Where external service providers, agents or contractors breach the policy, this should be addressed through contract arrangements.
11.1 This policy will be reviewed annually by the Council and revised according to developments in legislation, guidance, accepted good practice and operational use.
12 Employees Guide in Brief
12.1 Data and information are valuable and must be protected.
12.2 Only transfer data onto removable media, if you have the authority to do so.
12.4 All transfer arrangements carry a risk to the data.
12.5 Run the virus checking programme on the removable media each time it is connected to a computer.
12.6 Only use approved products for Council data.
12.7 Activate encryption on removable media wherever it is available and password protection if not available
12.8 Data should be available for automatic back up and not solely saved to removable media.
12.9 Delete files from removable media, or destroy the media, after the material has been used for its purpose.
Council Name: Holme Parish Council
Council Address: C/o 24 Church St, Holme , Peterborough PE7 3PB
Email Address: email@example.com
Telephone numbers:01487 831559
Social Media and Electronic Communication Policy
The use of digital and social media and electronic communication enables the Parish Council to interact in a way that improves the communications both within the Council and between the Council and the people, businesses and agencies it works with and serves.
The Council has a website and Facebook page and uses email to communicate. The Council will always try to use the most effective channel for its communications. Over time the Council may add to the channels of communication that it uses as it seeks to improve and expand the services it delivers. When these changes occur this Policy will be updated to reflect the new arrangements.
The Clerk’s Facebook page intends to provide information and updates regarding activities and opportunities within our Parish and promote our community positively.
Communications from the Council will meet the following criteria:
- Be civil, tasteful and relevant;
- Not contain content that is knowingly unlawful, libellous, harassing, defamatory, abusive, threatening, harmful, obscene, profane, sexually oriented or racially offensive;
- Not contain content knowingly copied from elsewhere, for which we do not own the copyright;
- Not contain any personal information.
- If it is official Council business it will be moderated by either the Chair/Vice Chair of the Council or the Clerk to the Council;
- Social media will not be used for the dissemination of any political advertising.
In order to ensure that all discussions on the Council page are productive, respectful and consistent with the Council’s aims and objectives, we ask you to follow these guidelines:
- Be considerate and respectful of others. Vulgarity, threats or abuse of language will not be tolerated.
- Differing opinions and discussion of diverse ideas are encouraged, but personal attacks on anyone, including the Council members or staff, will not be permitted.
- Share freely and be generous with official Council posts, but be aware of copyright laws; be accurate and give credit where credit is due.
- Stay on topic.
- Refrain from using the Council’s Facebook page for commercial purposes or to advertise market or sell products.
The site is not monitored 24/7 and we will not always be able to reply individually to all messages or comments received. However, we will endeavour to ensure that any emerging themes or helpful suggestions are passed to the relevant people or authorities. Please do not include personal/private information in your social media posts to us.
Sending a message/post via Facebook will not be considered as contacting the Council for official purposes and we will not be obliged to monitor or respond to requests for information through these channels. Instead, please make direct contact with the council’s Clerk by emailing.
We retain the right to remove comments or content that includes:
- Obscene or racist content
- Personal attacks, insults, or threatening language
- Potentially libellous statements.
- Plagiarised material; any material in violation of any laws, including copyright
- Private, personal information published without consent
- Information or links unrelated to the content of the forum
- Commercial promotions or spam
- Alleges a breach of a Council’s policy or the law
The Council’s response to any communication received not meeting the above criteria will be to either ignore, inform the sender of our policy or send a brief response as appropriate. This will be at the Council’s discretion based on the message received, given our limited resources available. Any information posted on the Facebook page not in line with the above criteria will be removed as quickly as practically possible. Repeat offenders will be blocked from the Facebook page. The Council may post a statement that ‘A post breaching the Council’s Social Media Policy has been removed’. If the post alleges a breach of a Council’s policy or the law the person who posted it will be asked to submit a formal complaint to the Council or report the matter to the Police as soon as possible to allow due process.
Parish Council Website.
Where necessary, we may direct those contacting us to our website to see the required information, or we may forward their question to one of our Councillors for consideration and response. We may not respond to every comment we receive particularly if we are experiencing a heavy workload.
The Council may, at its discretion, allow and enable approved local groups to have and maintain a presence on its website for the purpose of presenting information about the group’s activities. The local group would be responsible for maintaining the content and ensuring that it meets the Council’s ‘rules and expectation’ for the web site. The Council reserves the right to remove any or all of a local group’s information from the web site if it
feels that the content does not meet the Council’s ‘rules and expectation’ for its website. Where content on the website is maintained by a local group it should be clearly marked that such content is not the direct responsibility of the Council.
Parish Council email
The Clerk to the council has their own council email address (firstname.lastname@example.org)
The email account is monitored mainly during office hours, Monday to Friday, and we aim to reply to all questions sent as soon as we can. An ‘out of office’ message should be used when appropriate.
The Clerk is responsible for dealing with email received and passing on any relevant mail to members or external agencies for information and/or action. All communications on behalf of the Council will usually come from the Clerk, and/or otherwise will always be copied to the Clerk. All new Emails requiring data to be passed on, will be followed up with a Data consent form for completion before action is taken with that correspondence.
Individual Councillors are at liberty to communicate directly with parishioners in relation to their own personal views, if appropriate, copy to the Clerk. NB any emails copied to the Clerk become official and will be subject to The Freedom of Information Act.
These procedures will ensure that a complete and proper record of all correspondence is kept.
Do not forward personal information on to other people or groups outside of the Council, this includes names, addresses, email, IP addresses and cookie identifiers.
Members and the Clerk may use SMS as a convenient way to communicate at times. All are reminded that this policy also applies to such messages.
Video Conferencing e.g. Skype
If this medium is used to communicate please note that this policy also applies to the use of video conferencing.
Internal communication and access to information within the Council
The Council is continually looking at ways to improve its working and the use of social media and electronic communications is a major factor in delivering improvement.
Councillors are expected to abide by the Code of Conduct and the Data Protection Act in all their work on behalf of the Council
As more and more information becomes available at the press of a button, it is vital that all information is treated sensitively and securely. Councillors are expected to maintain an awareness of the confidentiality of information that they have access to and not to share confidential information with anyone. Failure to properly observe confidentiality may be seen as a breach of the Council’s Code of Conduct and will be dealt with through its prescribed procedures (at the extreme it may also involve a criminal investigation).
Members should also be careful only to cc essential recipients on emails i.e. to avoid use of the ‘Reply to All’ option if at all possible, but of course copying in all who need to know and ensuring that email trails have been removed.
Holme Parish Council
Information & Data Protection Policy
In order to conduct its business, services and duties, (Your Council Name) processes a wide range of data, relating to its own operations and some which it handles on behalf of partners. In broad terms, this data can be classified as:
- Data shared in the public arena about the services it offers, its mode of operations and other information it is required to make available to the public.
- Confidential information and data not yet in the public arena such as ideas or policies that are being worked up.
- Confidential information about other organisations because of commercial sensitivity.
- Personal data concerning its current, past and potential employees, Councillors, and volunteers.
- Personal data concerning individuals who contact it for information, to access its services or facilities or to make a complaint.
Holme Parish Council will adopt procedures and manage responsibly, all data which it handles and will respect the confidentiality of both its own data and that belonging to partner organisations it works with and members of the public. In some cases, it will have contractual obligations towards confidential data, but in addition will have specific legal responsibilities for personal and sensitive information under data protection legislation.
This Policy is linked to our Quality Policy and ICT Policy which will ensure information considerations are central to the ethos of the organisation.
The Parish Council will periodically review and revise this policy in the light of experience, comments from data subjects and guidance from the Information Commissioners Office.
The Council will be as transparent as possible about its operations and will work closely with public, community and voluntary organisations. Therefore, in the case of all information which is not personal or confidential, it will be prepared to make it available to partners and members of the Parish’s communities. Details of information which is routinely available is contained in the Council’s Publication Scheme which is based on the statutory model publication scheme for local councils.
Protecting Confidential or Sensitive Information
Holme Parish Council recognises it must at times, keep and process sensitive and personal information about both employees and the public, it has therefore adopted this policy not only to meet its legal obligations but to ensure high standards.
The General Data Protection Regulation (GDPR) which become law on 25th May 2018 and will like the the Data Protection Act 1998 before them, seek to strike a balance between the rights of individuals and the sometimes, competing interests of those such as the Town Council with legitimate reasons for using personal information.
The policy is based on the premise that Personal Data must be:
- Processed fairly, lawfully and in a transparent manner in relation to the data subject.
- Collected for specified, explicit and legitimate purposes and not further processed in a manner that is incompatible with those purposes.
- Adequate, relevant and limited to what is necessary in relation to the purposes for which they are processed.
- Accurate and, where necessary, kept up to date.
- Kept in a form that permits identification of data subjects for no longer than is necessary for the purposes for which the personal data are processed.
- Processed in a manner that ensures appropriate security of the personal data including protection against unauthorised or unlawful processing and against accidental loss, destruction or damage, using appropriate technical or organisational measures.
Data Protection Terminology
Data subject – means the person whose personal data is being processed.
That may be an employee, prospective employee, associate or prospective associate of BTC or someone transacting with it in some way, or an employee, Member or volunteer with one of our clients, or persons transacting or contracting with one of our clients when we process data for them.
Personal data – means any information relating to a natural person or data subject that can be used directly or indirectly to identify the person.
It can be anything from a name, a photo, and an address, date of birth, an email address, bank details, and posts on social networking sites or a computer IP address.
Sensitive personal data – includes information about racial or ethnic origin, political opinions, and religious or other beliefs, trade union membership, medical information, sexual orientation, genetic and biometric data or information related to offences or alleged offences where it is used to uniquely identify an individual.
Data controller – means a person who (either alone or jointly or in common with other persons) (e.g. Town Council, employer, council) determines the purposes for which and the manner in which any personal data is to be processed.
Data processor – in relation to personal data, means any person (other than an employee of the data controller) who processes the data on behalf of the data controller.
Processing information or data – means obtaining, recording or holding the information or data or carrying out any operation or set of operations on the information or data, including:
• organising, adapting or altering it
• retrieving, consulting or using the information or data
• disclosing the information or data by transmission, dissemination or otherwise making it available
• aligning, combining, blocking, erasing or destroying the information or data. regardless of the
Holme Parish Council processes personal data in order to:
- fulfil its duties as an employer by complying with the terms of contracts of employment, safeguarding the employee and maintaining information required by law.
- pursue the legitimate interests of its business and its duties as a public body, by fulfilling contractual terms with other organisations, and maintaining information required by law.
- monitor its activities including the equality and diversity of its activities
- fulfil its duties in operating the business premises including security
- assist regulatory and law enforcement agencies
- process information including the recording and updating details about its Councillors, employees, partners and volunteers.
- process information including the recording and updating details about individuals who contact it for information, or to access a service, or make a complaint.
- undertake surveys, censuses and questionnaires to fulfil the objectives and purposes of the Council.
- undertake research, audit and quality improvement work to fulfil its objects and purposes.
- carry out Council administration.
Where appropriate and governed by necessary safeguards we will carry out the above processing jointly with other appropriate bodies from time to time.
The Council will ensure that at least one of the following conditions is met for personal information to be considered fairly processed:
- The individual has consented to the processing
- Processing is necessary for the performance of a contract or agreement with the individual
- Processing is required under a legal obligation
- Processing is necessary to protect the vital interests of the individual
- Processing is necessary to carry out public functions
- Processing is necessary in order to pursue the legitimate interests of the data controller or third parties.
Particular attention is paid to the processing of any sensitive personal information and the Town Council will ensure that at least one of the following conditions is met:
- Explicit consent of the individual
- Required by law to process the data for employment purposes
- A requirement in order to protect the vital interests of the individual or another person
|Who is responsible for protecting a person’s personal data?
The Parish Council as a corporate body has ultimate responsibility for ensuring compliance with the Data Protection legislation. The Council has delegated this responsibility day to day to the Parish Clerk.
· Email: email@example.com
· Phone: 01487 831559
Holme Parish Council monitors the diversity of its employees, and Councillors, in order to ensure that there is no inappropriate or unlawful discrimination in the way it conducts its activities. It undertakes similar data handling in respect of prospective employees. This data will always be treated as confidential. It will only be accessed by authorised individuals within the Council and will not be disclosed to any other bodies or individuals. Diversity information will never be used as selection criteria and will not be made available to others involved in the recruitment process. Anonymised data derived from diversity monitoring will be used for monitoring purposes and may be published and passed to other bodies.
The Council will always give guidance on personnel data to employees, councillors, partners and volunteers through a Privacy Notice and ensure that individuals on whom personal information is kept are aware of their rights and have easy access to that information on request.
Appropriate technical and organisational measures will be taken against Unauthorised or unlawful processing of personal data and against accidental loss or destruction of, or damage to, personal data.
Personal data shall not be transferred to a country or territory outside the European Economic Areas unless that country or territory ensures an adequate level of protection for the rights and freedoms of data subjects in relation to the processing of personal data.
Information provided to us
The information provided (personal information such as name, address, email address, phone number) will be processed and stored so that it is possible for us to contact, respond to or conduct the transaction requested by the individual. By transacting with Holme Parish Council, individuals are deemed to be giving consent for their personal data provided to be used and transferred in accordance with this policy, however where ever possible specific written consent will be sought. It is the responsibility of those individuals to ensure that the Town Council is able to keep their personal data accurate and up-to-date. The personal information will be not shared or provided to any other third party or be used for any purpose other than that for which it was provided.
The Councils Right to Process Information
General Data Protection Regulations (and Data Protection Act) Article 6 (1) (a) (b) and (e)
Processing is with consent of the data subject, or
Processing is necessary for compliance with a legal obligation.
Processing is necessary for the legitimate interests of the Council.
The Town Council cares to ensure the security of personal data. We make sure that your information is protected from unauthorised access, loss, manipulation, falsification, destruction or unauthorised disclosure. This is done through appropriate technical measures and appropriate policies.
We will only keep your data for the purpose it was collected for and only for as long as is necessary, after which it will be deleted.
We will not process any data relating to a child (under 13) without the express parental/ guardian consent of the child concerned.
Rights of a Data Subject
Access to Information: an individual has the right to request access to the information we have on them. They can do this by contacting our Parish Clerk .
Information Correction: If they believe that the information we have about them is incorrect, they may contact us so that we can update it and keep their data accurate. Please contact: Parish Clerk.
Information Deletion: If the individual wishes the Parish Council to delete the information about them, they can do so by contacting the Clerk.
Right to Object: If an individual believes their data is not being processed for the purpose it has been collected for, they may object by contacting the Parish Clerk.
The Parish Council does not use automated decision making or profiling of individual personal data.
Complaints: If an individual has a complaint regarding the way their personal data has been processed, they may make a complaint to the Parish Clerk, Data Protection Officer at Huntingdon District Council or the Information Commissioners Office firstname.lastname@example.org Tel: 0303 123 1113.
The Council will always give guidance on personnel data to employees through the Employee handbook.
The Council will ensure that individuals on whom personal information is kept are aware of their rights and have easy access to that information on request.
Making Information Available
The Publication Scheme is a means by which the Council can make a significant amount of information available routinely, without waiting for someone to specifically request it. The scheme is intended to encourage local people to take an interest in the work of the Council and its role within the community.
In accordance with the provisions of the Freedom of Information Act 2000, this Scheme specifies the classes of information which the Council publishes or intends to publish. It is supplemented with an Information Guide which will give greater detail of what the Council will make available and hopefully make it easier for people to access it.
All formal meetings of Council and its committees are subject to statutory notice being given on notice boards, the Website and sent to the local media. The Council publishes an annual programme in May each year. All formal meetings are open to the public and press and reports to those meetings and relevant background papers are available for the public to see. The Council welcomes public participation and has a public participation session on each Council and committee meeting. Details can be seen in the Council’s Standing Orders, which are available on its Website or at its Offices.
Occasionally, Council or committees may need to consider matters in private. Examples of this are matters involving personal details of staff, or a particular member of the public, or where details of commercial/contractual sensitivity are to be discussed. This will only happen after a formal resolution has been passed to exclude the press and public and reasons for the decision are stated. Minutes from all formal meetings, including the confidential parts are public documents.
The Openness of Local Government Bodies Regulations 2014 requires written records to be made of certain decisions taken by officers under delegated powers. These are not routine operational and
administrative decisions such as giving instructions to the workforce or paying an invoice approved by Council, but would include urgent action taken after consultation with the Chairman, such as responding to a planning application in advance of Council. In other words, decisions which would have been made by Council or committee had the delegation not been in place.
The 2014 Regulations also amend the Public Bodies (Admission to Meetings) Act 1960 to allow the public or press to film, photograph or make an audio recording of council and committee meetings normally open to the public. The Council will where possible facilitate such recording unless it is being disruptive. It will also take steps to ensure that children, the vulnerable and members of the public who object to being filmed are protected without undermining the broader purpose of the meeting.
The Council will be pleased to make special arrangements on request for persons who do not have English as their first language or those with hearing or sight difficulties.
The Council will as necessary undertake checks on both staff and Members with the the Disclosure and Barring Service and will comply with their Code of Conduct relating to the secure storage, handling, use, retention and disposal of Disclosures and Disclosure Information. It will include an appropriate operating procedure in its integrated quality management system.
The Council has resolved to act in accordance with the Code of Recommended Practice for Local Authorities on Data Transparency (September 2011). This sets out the key principles for local authorities in creating greater transparency through the publication of public data and is intended to help them meet obligations of the legislative framework concerning information.
“Public data” means the objective, factual data on which policy decisions are based and on which public services are assessed, or which is collected or generated in the course of public service delivery.
The Code will therefore underpin the Council’s decisions on the release of public data and ensure it is proactive in pursuing higher standards and responding to best practice as it develops.
The principles of the Code are:
Demand led: new technologies and publication of data should support transparency and accountability
Open: the provision of public data will be integral to the Council’s engagement with residents so that it drives accountability to them.
Timely: data will be published as soon as possible following production.
Government has also issued a further Code of Recommended Practice on Transparency, compliance of which is compulsory for parish councils with turnover (gross income or gross expenditure) not exceeding £25,000 per annum. These councils will be exempt from the requirement to have an external audit from April 2017. Holme Parish Council in some years exceeds this turnover but if it does not exceed that sum will nevertheless ensure the following information is published on its Website for ease of access:
- All transactions above £500.
- End of year accounts
- Annual Governance Statements
- Internal Audit Reports
- List of Councillor or Member responsibilities
- Draft minutes of Council and committees within one month
- Agendas and associated papers no later than three clear days before the meeting.
Adopted by Council: Holme Parish Council
Review Date: May 2019
HOLME PARISH COUNCIL
ADDENDENDUM TO STANDING ORDERS
This note sets out the intended relationship between Holme Parish Council and The Holme Reading Room Trust, upon the formation of the Trust.
- Holme Parish Council is formed by a number of Councillors as determined by law and operates under the regulations described in the Model Standing Orders for Local Councils.
- Holme Parish Council appoints a Clerk who is the Proper Officer of the Council and is also the Responsible Financial Officer to the Council.
- The Parish Council as Trustee owns the Old Reading Room in Church Street. This building is being sold. On the property stands the War Memorial and a memorial bench.
- The Holme Reading Room Trust “The Trust” is being set up to hold and administer the proceeds of the sale of the Property.
- The Holme Reading Room Trust is governed by its rules (attached) and the Scheme issued by the Charity Commission dated…………..(attached).
- All serving Parish Councillors shall become Trustees of the Trust on its formation, and any potential new Councillors are to be advised, when they declare themselves for election or co-option, that this is a duty of the position.
- The Charity will appoint its own officers to undertake its business. The Clerk who serves the Parish Council is not normally required to carry out services for the Trust.
- The Holme War Memorial which is under the care of the Parish Council is to be moved from the curtilage of the Reading Room property before the sale takes place and will then rest near the Parish Church of St Giles, Holme.
- The Memorial bench will be moved to a location near the Church at the same time.
- The costs of moving the Memorial, the bench and associated costs are to be met by the Trust out of the proceeds of the sale of the Reading Room. Reimbursement of any advance costs borne by the Council is to be made by the Trust on application from the Responsible Financial Officer of the Council.
- The Council to become responsible for the costs and organisation of repair, maintenance, refurbishment and insurance of the War Memorial
- The Parish Council will remain responsible for the memorial bench after it has been moved.
This addendum was adopted at the Parish Council meeting held on
(Page…….of the minutes of the meeting)
Chairman of the Parish Council
Clerk to Holme Parish Council and Proper Officer
National Association of Local Councils (NALC)
109 Great Russell Street
020 7637 1865 | email@example.com | www.nalc.gov.uk
© NALC 2018. All rights are reserved. No part of this publication may be reproduced or used for commercial purposes without the written permission of NALC save that councils in membership of NALC have permission to edit and use the model standing orders in this publication for their governance purposes.
Permission is given to use NALC’s logo in the presented format only.
- RULES OF DEBATE AT MEETINGS.. 6
- DISORDERLY CONDUCT AT MEETINGS.. 8
- MEETINGS GENERALLY.. 8
- COMMITTEES AND SUB-COMMITTEES.. 11
- ORDINARY COUNCIL MEETINGS.. 12
- EXTRAORDINARY MEETINGS OF THE COUNCIL, COMMITTEES AND SUB-COMMITTEES.. 14
- PREVIOUS RESOLUTIONS.. 14
- VOTING ON APPOINTMENTS.. 15
- MOTIONS FOR A MEETING THAT REQUIRE WRITTEN NOTICE TO BE GIVEN TO THE PROPER OFFICER.. 15
- MOTIONS AT A MEETING THAT DO NOT REQUIRE WRITTEN NOTICE.. 16
- MANAGEMENT OF INFORMATION.. 16
- DRAFT MINUTES.. 17
- CODE OF CONDUCT AND DISPENSATIONS.. 18
- CODE OF CONDUCT COMPLAINTS.. 19
- PROPER OFFICER.. 19
- RESPONSIBLE FINANCIAL OFFICER.. 21
- ACCOUNTS AND ACCOUNTING STATEMENTS.. 21
- FINANCIAL CONTROLS AND PROCUREMENT.. 22
- HANDLING STAFF MATTERS.. 24
- RESPONSIBILITIES TO PROVIDE INFORMATION.. 25
- RESPONSIBILITIES UNDER DATA PROTECTION LEGISLATION.. 25
- RELATIONS WITH THE PRESS/MEDIA.. 26
- EXECUTION AND SEALING OF LEGAL DEEDS.. 26
- COMMUNICATING WITH DISTRICT AND COUNTY OR UNITARY COUNCILLORS 26
- RESTRICTIONS ON COUNCILLOR ACTIVITIES.. 27
- STANDING ORDERS GENERALLY.. 27
These model standing orders update the National Association of Local Council (NALC) model standing orders contained in “Local Councils Explained” by Meera Tharmarajah (© 2013 NALC). This publication contains new model standing orders which reference new legislation introduced after 2013 when the last model standing orders were published.
HOW TO USE MODEL STANDING ORDERS
Standing orders are the written rules of a local council. Standing orders are essential to regulate the proceedings of a meeting. A council may also use standing orders to confirm or refer to various internal organisational and administrative arrangements. The standing orders of a council are not the same as the policies of a council but standing orders may refer to them.
Local councils operate within a wide statutory framework. NALC model standing orders incorporate and reference many statutory requirements to which councils are subject. It is not possible for the model standing orders to contain or reference all the statutory or legal requirements which apply to local councils. For example, it is not practical for model standing orders to document all obligations under data protection legislation. The statutory requirements to which a council is subject apply whether or not they are incorporated in a council’s standing orders.
The model standing orders do not include model financial regulations. Financial regulations are standing orders to regulate and control the financial affairs and accounting procedures of a local council. The financial regulations, as opposed to the standing orders of a council, include most of the requirements relevant to the council’s Responsible Financial Officer. Model financial regulations are available to councils in membership of NALC.
Model standing orders that are in bold type contain legal and statutory requirements. It is recommended that councils adopt them without changing them or their meaning. Model standing orders not in bold are designed to help councils operate effectively but they do not contain statutory requirements so they may be adopted as drafted or amended to suit a council’s needs. It is NALC’s view that all model standing orders will generally be suitable for councils.
For convenience, the word “councillor” is used in model standing orders and, unless the context suggests otherwise, includes a non-councillor with or without voting rights.
A model standing order that includes brackets like this ‘( )’ requires information to be inserted by a council. A model standing order that includes brackets like this ‘[ ]’ and the term ‘OR’ provides alternative options for a council to choose from when determining standing orders.
- Motions on the agenda shall be considered in the order that they appear unless the order is changed at the discretion of the chairman of the meeting.
- A motion (including an amendment) shall not be progressed unless it has been moved and seconded.
- A motion on the agenda that is not moved by its proposer may be treated by the chairman of the meeting as withdrawn.
- If a motion (including an amendment) has been seconded, it may be withdrawn by the proposer only with the consent of the seconder and the meeting.
- An amendment is a proposal to remove or add words to a motion. It shall not negate the motion.
- If an amendment to the original motion is carried, the original motion (as amended) becomes the substantive motion upon which further amendment(s) may be moved.
- An amendment shall not be considered unless early verbal notice of it is given at the meeting and, if requested by the chairman of the meeting, is expressed in writing to the chairman.
- A councillor may move an amendment to his own motion if agreed by the meeting. If a motion has already been seconded, the amendment shall be with the consent of the seconder and the meeting.
- If there is more than one amendment to an original or substantive motion, the amendments shall be moved in the order directed by the chairman of the meeting.
- Subject to standing order 1(k), only one amendment shall be moved and debated at a time, the order of which shall be directed by the chairman of the meeting.
- One or more amendments may be discussed together if the chairman of the meeting considers this expedient but each amendment shall be voted upon separately.
- A councillor may not move more than one amendment to an original or substantive motion.
- The mover of an amendment has no right of reply at the end of debate on it.
- Where a series of amendments to an original motion are carried, the mover of the original motion shall have a right of reply either at the end of debate on the first amendment or at the very end of debate on the final substantive motion immediately before it is put to the vote.
- Unless permitted by the chairman of the meeting, a councillor may speak once in the debate on a motion except:
- to speak on an amendment moved by another councillor;
- to move or speak on another amendment if the motion has been amended since he last spoke;
- to make a point of order;
- to give a personal explanation; or
- to exercise a right of reply.
- During the debate on a motion, a councillor may interrupt only on a point of order or a personal explanation and the councillor who was interrupted shall stop speaking. A councillor raising a point of order shall identify the standing order which he considers has been breached or specify the other irregularity in the proceedings of the meeting he is concerned by.
- A point of order shall be decided by the chairman of the meeting and his decision shall be final.
- When a motion is under debate, no other motion shall be moved except:
- to amend the motion;
- to proceed to the next business;
- to adjourn the debate;
- to put the motion to a vote;
- to ask a person to be no longer heard or to leave the meeting;
- to refer a motion to a committee or sub-committee for consideration;
- to exclude the public and press;
- to adjourn the meeting; or
- to suspend particular standing order(s) excepting those which reflect mandatory statutory or legal requirements.
- Before an original or substantive motion is put to the vote, the chairman of the meeting shall be satisfied that the motion has been sufficiently debated and that the mover of the motion under debate has exercised or waived his right of reply.
- Excluding motions moved under standing order 1(r), the contributions or speeches by a councillor shall relate only to the motion under discussion and shall not exceed ( ) minutes without the consent of the chairman of the meeting.
- No person shall obstruct the transaction of business at a meeting or behave offensively or improperly. If this standing order is ignored, the chairman of the meeting shall request such person(s) to moderate or improve their conduct.
- If person(s) disregard the request of the chairman of the meeting to moderate or improve their conduct, any councillor or the chairman of the meeting may move that the person be no longer heard or be excluded from the meeting. The motion, if seconded, shall be put to the vote without discussion.
- If a resolution made under standing order 2(b) is ignored, the chairman of the meeting may take further reasonable steps to restore order or to progress the meeting. This may include temporarily suspending or closing the meeting.
Full Council meetings ●
Committee meetings ●
Sub-committee meetings ●
|●||a Meetings shall not take place in premises which at the time of the meeting are used for the supply of alcohol, unless no other premises are available free of charge or at a reasonable cost.|
|b The minimum three clear days for notice of a meeting does not include the day on which notice was issued, the day of the meeting, a Sunday, a day of the Christmas break, a day of the Easter break or of a bank holiday or a day appointed for public thanksgiving or mourning.|
|●||c The minimum three clear days’ public notice for a meeting does not include the day on which the notice was issued or the day of the meeting unless the meeting is convened at shorter notice OR [The minimum three clear days’ public notice of a meeting does not include the day on which the notice was issued or the day of the meeting].|
|d Meetings shall be open to the public unless their presence is prejudicial to the public interest by reason of the confidential nature of the business to be transacted or for other special reasons. The public’s exclusion from part or all of a meeting shall be by a resolution which shall give reasons for the public’s exclusion.|
|e Members of the public may make representations, answer questions and give evidence at a meeting which they are entitled to attend in respect of the business on the agenda.|
|f The period of time designated for public participation at a meeting in accordance with standing order 3(e) shall not exceed ( ) minutes unless directed by the chairman of the meeting.|
|g Subject to standing order 3(f), a member of the public shall not speak for more than ( ) minutes.|
|h In accordance with standing order 3(e), a question shall not require a response at the meeting nor start a debate on the question. The chairman of the meeting may direct that a written or oral response be given.|
|i [A person shall stand when requesting to speak and when speaking (except when a person has a disability or is likely to suffer discomfort)] OR [A person shall raise his hand when requesting to speak and stand when speaking (except when a person has a disability or is likely to suffer discomfort)]. The chairman of the meeting may at any time permit a person to be seated when speaking.|
|j A person who speaks at a meeting shall direct his comments to the chairman of the meeting.|
|k Only one person is permitted to speak at a time. If more than one person wants to speak, the chairman of the meeting shall direct the order of speaking.|
|l Subject to standing order 3(m), a person who attends a meeting is permitted to report on the meeting whilst the meeting is open to the public. To “report” means to film, photograph, make an audio recording of meeting proceedings, use any other means for enabling persons not present to see or hear the meeting as it takes place or later or to report or to provide oral or written commentary about the meeting so that the report or commentary is available as the meeting takes place or later to persons not present.|
|m A person present at a meeting may not provide an oral report or oral commentary about a meeting as it takes place without permission.|
|n The press shall be provided with reasonable facilities for the taking of their report of all or part of a meeting at which they are entitled to be present.|
|●||o Subject to standing orders which indicate otherwise, anything authorised or required to be done by, to or before the Chairman of the Council may in his absence be done by, to or before the Vice-Chairman of the Council (if there is one).|
|●||p The Chairman of the Council, if present, shall preside at a meeting. If the Chairman is absent from a meeting, the Vice-Chairman of the Council (if there is one) if present, shall preside. If both the Chairman and the Vice-Chairman are absent from a meeting, a councillor as chosen by the councillors present at the meeting shall preside at the meeting.|
|q Subject to a meeting being quorate, all questions at a meeting shall be decided by a majority of the councillors and non-councillors with voting rights present and voting.|
|r The chairman of a meeting may give an original vote on any matter put to the vote, and in the case of an equality of votes may exercise his casting vote whether or not he gave an original vote.
See standing orders 5(h) and (i) for the different rules that apply in the election of the Chairman of the Council at the annual meeting of the Council.
|●||s Unless standing orders provide otherwise, voting on a question shall be by a show of hands. At the request of a councillor, the voting on any question shall be recorded so as to show whether each councillor present and voting gave his vote for or against that question. Such a request shall be made before moving on to the next item of business on the agenda.|
|t The minutes of a meeting shall include an accurate record of the following:
i. the time and place of the meeting;
ii. the names of councillors who are present and the names of councillors who are absent;
iii. interests that have been declared by councillors and non-councillors with voting rights;
iv. the grant of dispensations (if any) to councillors and non-councillors with voting rights;
v. whether a councillor or non-councillor with voting rights left the meeting when matters that they held interests in were being considered;
vi. if there was a public participation session; and
vii. the resolutions made.
|u A councillor or a non-councillor with voting rights who has a disclosable pecuniary interest or another interest as set out in the Council’s code of conduct in a matter being considered at a meeting is subject to statutory limitations or restrictions under the code on his right to participate and vote on that matter.|
|v No business may be transacted at a meeting unless at least one-third of the whole number of members of the Council are present and in no case shall the quorum of a meeting be less than three.
See standing order 4d(viii) for the quorum of a committee or sub-committee meeting.
|w If a meeting is or becomes inquorate no business shall be transacted and the meeting shall be closed. The business on the agenda for the meeting shall be adjourned to another meeting.|
|x A meeting shall not exceed a period of ( ) hours.|
- Unless the Council determines otherwise, a committee may appoint a sub-committee whose terms of reference and members shall be determined by the committee.
- The members of a committee may include non-councillors unless it is a committee which regulates and controls the finances of the Council.
- Unless the Council determines otherwise, all the members of an advisory committee and a sub-committee of the advisory committee may be non-councillors.
- The Council may appoint standing committees or other committees as may be necessary, and:
- shall determine their terms of reference;
- shall determine the number and time of the ordinary meetings of a standing committee up until the date of the next annual meeting of the Council;
- shall permit a committee, other than in respect of the ordinary meetings of a committee, to determine the number and time of its meetings;
- shall, subject to standing orders 4(b) and (c), appoint and determine the terms of office of members of such a committee;
- may, subject to standing orders 4(b) and (c), appoint and determine the terms of office of the substitute members to a committee whose role is to replace the ordinary members at a meeting of a committee if the ordinary members of the committee confirm to the Proper Officer ( ) days before the meeting that they are unable to attend;
- shall, after it has appointed the members of a standing committee, appoint the chairman of the standing committee;
- shall permit a committee other than a standing committee, to appoint its own chairman at the first meeting of the committee;
- shall determine the place, notice requirements and quorum for a meeting of a committee and a sub-committee which, in both cases, shall be no less than three;
- shall determine if the public may participate at a meeting of a committee;
- shall determine if the public and press are permitted to attend the meetings of a sub-committee and also the advance public notice requirements, if any, required for the meetings of a sub-committee;
- shall determine if the public may participate at a meeting of a sub-committee that they are permitted to attend; and
- may dissolve a committee or a sub-committee.
- In an election year, the annual meeting of the Council shall be held on or within 14 days following the day on which the councillors elected take office.
- In a year which is not an election year, the annual meeting of the Council shall be held on such day in May as the Council decides.
- If no other time is fixed, the annual meeting of the Council shall take place at 6pm.
- In addition to the annual meeting of the Council, at least three other ordinary meetings shall be held in each year on such dates and times as the Council decides.
- The first business conducted at the annual meeting of the Council shall be the election of the Chairman and Vice-Chairman (if there is one) of the Council.
- The Chairman of the Council, unless he has resigned or becomes disqualified, shall continue in office and preside at the annual meeting until his successor is elected at the next annual meeting of the Council.
- The Vice-Chairman of the Council, if there is one, unless he resigns or becomes disqualified, shall hold office until immediately after the election of the Chairman of the Council at the next annual meeting of the Council.
- In an election year, if the current Chairman of the Council has not been re-elected as a member of the Council, he shall preside at the annual meeting until a successor Chairman of the Council has been elected. The current Chairman of the Council shall not have an original vote in respect of the election of the new Chairman of the Council but shall give a casting vote in the case of an equality of votes.
- In an election year, if the current Chairman of the Council has been re-elected as a member of the Council, he shall preside at the annual meeting until a new Chairman of the Council has been elected. He may exercise an original vote in respect of the election of the new Chairman of the Council and shall give a casting vote in the case of an equality of votes.
- Following the election of the Chairman of the Council and Vice-Chairman (if there is one) of the Council at the annual meeting, the business shall include:
- In an election year, delivery by the Chairman of the Council and councillors of their acceptance of office forms unless the Council resolves for this to be done at a later date. In a year which is not an election year, delivery by the Chairman of the Council of his acceptance of office form unless the Council resolves for this to be done at a later date;
- Confirmation of the accuracy of the minutes of the last meeting of the Council;
- Receipt of the minutes of the last meeting of a committee;
- Consideration of the recommendations made by a committee;
- Review of delegation arrangements to committees, sub-committees, staff and other local authorities;
- Review of the terms of reference for committees;
- Appointment of members to existing committees;
- Appointment of any new committees in accordance with standing order 4;
- Review and adoption of appropriate standing orders and financial regulations;
- Review of arrangements (including legal agreements) with other local authorities, not-for-profit bodies and businesses.
- Review of representation on or work with external bodies and arrangements for reporting back;
- In an election year, to make arrangements with a view to the Council becoming eligible to exercise the general power of competence in the future;
- Review of inventory of land and other assets including buildings and office equipment;
- Confirmation of arrangements for insurance cover in respect of all insurable risks;
- Review of the Council’s and/or staff subscriptions to other bodies;
- Review of the Council’s complaints procedure;
- Review of the Council’s policies, procedures and practices in respect of its obligations under freedom of information and data protection legislation (see also standing orders 11, 20 and 21);
- Review of the Council’s policy for dealing with the press/media;
- Review of the Council’s employment policies and procedures;
- Review of the Council’s expenditure incurred under s.137 of the Local Government Act 1972 or the general power of competence.
- Determining the time and place of ordinary meetings of the Council up to and including the next annual meeting of the Council.
- The Chairman of the Council may convene an extraordinary meeting of the Council at any time.
- If the Chairman of the Council does not call an extraordinary meeting of the Council within seven days of having been requested in writing to do so by two councillors, any two councillors may convene an extraordinary meeting of the Council. The public notice giving the time, place and agenda for such a meeting shall be signed by the two councillors.
- The chairman of a committee [or a sub-committee] may convene an extraordinary meeting of the committee [or the sub-committee] at any time.
- If the chairman of a committee [or a sub-committee] does not call an extraordinary meeting within ( ) days of having been requested to do so by ( ) members of the committee [or the sub-committee], any ( ) members of the committee [or the sub-committee] may convene an extraordinary meeting of the committee [or a sub-committee].
- A resolution shall not be reversed within six months except either by a special motion, which requires written notice by at least ( ) councillors to be given to the Proper Officer in accordance with standing order 9, or by a motion moved in pursuance of the recommendation of a committee or a sub-committee.
- When a motion moved pursuant to standing order 7(a) has been disposed of, no similar motion may be moved for a further six months.
- Where more than two persons have been nominated for a position to be filled by the Council and none of those persons has received an absolute majority of votes in their favour, the name of the person having the least number of votes shall be struck off the list and a fresh vote taken. This process shall continue until a majority of votes is given in favour of one person. A tie in votes may be settled by the casting vote exercisable by the chairman of the meeting.
- A motion shall relate to the responsibilities of the meeting for which it is tabled and in any event shall relate to the performance of the Council’s statutory functions, powers and obligations or an issue which specifically affects the Council’s area or its residents.
- No motion may be moved at a meeting unless it is on the agenda and the mover has given written notice of its wording to the Proper Officer at least ( ) clear days before the meeting. Clear days do not include the day of the notice or the day of the meeting.
- The Proper Officer may, before including a motion on the agenda received in accordance with standing order 9(b), correct obvious grammatical or typographical errors in the wording of the motion.
- If the Proper Officer considers the wording of a motion received in accordance with standing order 9(b) is not clear in meaning, the motion shall be rejected until the mover of the motion resubmits it, so that it can be understood, in writing, to the Proper Officer at least ( ) clear days before the meeting.
- If the wording or subject of a proposed motion is considered improper, the Proper Officer shall consult with the chairman of the forthcoming meeting or, as the case may be, the councillors who have convened the meeting, to consider whether the motion shall be included in the agenda or rejected.
- The decision of the Proper Officer as to whether or not to include the motion on the agenda shall be final.
- Motions received shall be recorded and numbered in the order that they are received.
- Motions rejected shall be recorded with an explanation by the Proper Officer of the reason for rejection.
- The following motions may be moved at a meeting without written notice to the Proper Officer:
- to correct an inaccuracy in the draft minutes of a meeting;
- to move to a vote;
- to defer consideration of a motion;
- to refer a motion to a particular committee or sub-committee;
- to appoint a person to preside at a meeting;
- to change the order of business on the agenda;
- to proceed to the next business on the agenda;
- to require a written report;
- to appoint a committee or sub-committee and their members;
- to extend the time limits for speaking;
- to exclude the press and public from a meeting in respect of confidential or other information which is prejudicial to the public interest;
- to not hear further from a councillor or a member of the public;
- to exclude a councillor or member of the public for disorderly conduct;
- to temporarily suspend the meeting;
- to suspend a particular standing order (unless it reflects mandatory statutory or legal requirements);
- to adjourn the meeting; or
- to close the meeting.
See also standing order 20.
- The Council shall have in place and keep under review, technical and organisational measures to keep secure information (including personal data) which it holds in paper and electronic form. Such arrangements shall include deciding who has access to personal data and encryption of personal data.
- The Council shall have in place, and keep under review, policies for the retention and safe destruction of all information (including personal data) which it holds in paper and electronic form. The Council’s retention policy shall confirm the period for which information (including personal data) shall be retained or if this is not possible the criteria used to determine that period (e.g. the Limitation Act 1980).
- The agenda, papers that support the agenda and the minutes of a meeting shall not disclose or otherwise undermine confidential information or personal data without legal justification.
- Councillors, staff, the Council’s contractors and agents shall not disclose confidential information or personal data without legal justification.
Full Council meetings ●
Committee meetings ●
Sub-committee meetings ●
|a If the draft minutes of a preceding meeting have been served on councillors with the agenda to attend the meeting at which they are due to be approved for accuracy, they shall be taken as read.|
|b There shall be no discussion about the draft minutes of a preceding meeting except in relation to their accuracy. A motion to correct an inaccuracy in the draft minutes shall be moved in accordance with standing order 10(a)(i).|
|c The accuracy of draft minutes, including any amendment(s) made to them, shall be confirmed by resolution and shall be signed by the chairman of the meeting and stand as an accurate record of the meeting to which the minutes relate.|
|d If the chairman of the meeting does not consider the minutes to be an accurate record of the meeting to which they relate, he shall sign the minutes and include a paragraph in the following terms or to the same effect:
“The chairman of this meeting does not believe that the minutes of the meeting of the ( ) held on [date] in respect of ( ) were a correct record but his view was not upheld by the meeting and the minutes are confirmed as an accurate record of the proceedings.”
|e If the Council’s gross annual income or expenditure (whichever is higher) does not exceed £25,000, it shall publish draft minutes on a website which is publicly accessible and free of charge not later than one month after the meeting has taken place.|
|f Subject to the publication of draft minutes in accordance with standing order 12(e) and standing order 20(a) and following a resolution which confirms the accuracy of the minutes of a meeting, the draft minutes or recordings of the meeting for which approved minutes exist shall be destroyed.|
- All councillors and non-councillors with voting rights shall observe the code of conduct adopted by the Council.
- Unless he has been granted a dispensation, a councillor or non-councillor with voting rights shall withdraw from a meeting when it is considering a matter in which he has a disclosable pecuniary interest. He may return to the meeting after it has considered the matter in which he had the interest.
- Unless he has been granted a dispensation, a councillor or non-councillor with voting rights shall withdraw from a meeting when it is considering a matter in which he has another interest if so required by the Council’s code of conduct. He may return to the meeting after it has considered the matter in which he had the interest.
- Dispensation requests shall be in writing and submitted to the Proper Officer as soon as possible before the meeting, or failing that, at the start of the meeting for which the dispensation is required.
- A decision as to whether to grant a dispensation shall be made [by the Proper Officer] OR [by a meeting of the Council, or committee or sub-committee for which the dispensation is required] and that decision is final.
- A dispensation request shall confirm:
- the description and the nature of the disclosable pecuniary interest or other interest to which the request for the dispensation relates;
- whether the dispensation is required to participate at a meeting in a discussion only or a discussion and a vote;
- the date of the meeting or the period (not exceeding four years) for which the dispensation is sought; and
- an explanation as to why the dispensation is sought.
- Subject to standing orders 13(d) and (f), a dispensation request shall be considered [by the Proper Officer before the meeting or, if this is not possible, at the start of the meeting for which the dispensation is required] OR [at the beginning of the meeting of the Council, or committee or sub-committee for which the dispensation is required].
- A dispensation may be granted in accordance with standing order 13(e) if having regard to all relevant circumstances any of the following apply:
- without the dispensation the number of persons prohibited from participating in the particular business would be so great a proportion of the meeting transacting the business as to impede the transaction of the business;
- granting the dispensation is in the interests of persons living in the Council’s area; or
- it is otherwise appropriate to grant a dispensation.
- Upon notification by the District or Unitary Council that it is dealing with a complaint that a councillor or non-councillor with voting rights has breached the Council’s code of conduct, the Proper Officer shall, subject to standing order 11, report this to the Council.
- Where the notification in standing order 14(a) relates to a complaint made by the Proper Officer, the Proper Officer shall notify the Chairman of Council of this fact, and the Chairman shall nominate another staff member to assume the duties of the Proper Officer in relation to the complaint until it has been determined and the Council has agreed what action, if any, to take in accordance with standing order 14(d).
- The Council may:
- provide information or evidence where such disclosure is necessary to investigate the complaint or is a legal requirement;
- seek information relevant to the complaint from the person or body with statutory responsibility for investigation of the matter;
- Upon notification by the District or Unitary Council that a councillor or non-councillor with voting rights has breached the Council’s code of conduct, the Council shall consider what, if any, action to take against him. Such action excludes disqualification or suspension from office.
- The Proper Officer shall be either (i) the clerk or (ii) other staff member(s) nominated by the Council to undertake the work of the Proper Officer when the Proper Officer is absent.
- The Proper Officer shall:
- at least three clear days before a meeting of the council, a committee or a sub-committee,
- serve on councillors by delivery or post at their residences or by email authenticated in such manner as the Proper Officer thinks fit, a signed summons confirming the time, place and the agenda (provided the councillor has consented to service by email), and
- Provide, in a conspicuous place, public notice of the time, place and agenda (provided that the public notice with agenda of an extraordinary meeting of the Council convened by councillors is signed by them).
See standing order 3(b) for the meaning of clear days for a meeting of a full council and standing order 3(c) for the meaning of clear days for a meeting of a committee;
- subject to standing order 9, include on the agenda all motions in the order received unless a councillor has given written notice at least ( ) days before the meeting confirming his withdrawal of it;
- convene a meeting of the Council for the election of a new Chairman of the Council, occasioned by a casual vacancy in his office;
- facilitate inspection of the minute book by local government electors;
- receive and retain copies of byelaws made by other local authorities;
- hold acceptance of office forms from councillors;
- hold a copy of every councillor’s register of interests;
- assist with responding to requests made under freedom of information legislation and rights exercisable under data protection legislation, in accordance with the Council’s relevant policies and procedures;
- liaise, as appropriate, with the Council’s Data Protection Officer;
- receive and send general correspondence and notices on behalf of the Council except where there is a resolution to the contrary;
- assist in the organisation of, storage of, access to, security of and destruction of information held by the Council in paper and electronic form subject to the requirements of data protection and freedom of information legislation and other legitimate requirements (e.g. the Limitation Act 1980);
- arrange for legal deeds to be executed;
(see also standing order 23);
- arrange or manage the prompt authorisation, approval, and instruction regarding any payments to be made by the Council in accordance with its financial regulations;
- record every planning application notified to the Council and the Council’s response to the local planning authority in a book for such purpose;
- refer a planning application received by the Council to the [Chairman or in his absence the Vice-Chairman (if there is one) of the Council] OR [Chairman or in his absence Vice-Chairman (if there is one) of the ( ) Committee] within two working days of receipt to facilitate an extraordinary meeting if the nature of a planning application requires consideration before the next ordinary meeting of [the Council] OR [( ) committee];
- manage access to information about the Council via the publication scheme; and
- retain custody of the seal of the Council (if there is one) which shall not be used without a resolution to that effect.
- The Council shall appoint appropriate staff member(s) to undertake the work of the Responsible Financial Officer when the Responsible Financial Officer is absent.
- “Proper practices” in standing orders refer to the most recent version of “Governance and Accountability for Local Councils – a Practitioners’ Guide”.
- All payments by the Council shall be authorised, approved and paid in accordance with the law, proper practices and the Council’s financial regulations.
- The Responsible Financial Officer shall supply to each councillor as soon as practicable after 30 June, 30 September and 31 December in each year a statement to summarise:
- the Council’s receipts and payments (or income and expenditure) for each quarter;
- the Council’s aggregate receipts and payments (or income and expenditure) for the year to date;
- the balances held at the end of the quarter being reported and
which includes a comparison with the budget for the financial year and highlights any actual or potential overspends.
- As soon as possible after the financial year end at 31 March, the Responsible Financial Officer shall provide:
- each councillor with a statement summarising the Council’s receipts and payments (or income and expenditure) for the last quarter and the year to date for information; and
- to the Council the accounting statements for the year in the form of Section 1 of the annual governance and accountability return, as required by proper practices, for consideration and approval.
- The year-end accounting statements shall be prepared in accordance with proper practices and apply the form of accounts determined by the Council (receipts and payments, or income and expenditure) for the year to 31 March. A completed draft annual governance and accountability return shall be presented to all councillors at least 14 days prior to anticipated approval by the Council. The annual governance and accountability return of the Council, which is subject to external audit, including the annual governance statement, shall be presented to the Council for consideration and formal approval before 30 June.
- The Council shall consider and approve financial regulations drawn up by the Responsible Financial Officer, which shall include detailed arrangements in respect of the following:
- the keeping of accounting records and systems of internal controls;
- the assessment and management of financial risks faced by the Council;
- the work of the independent internal auditor in accordance with proper practices and the receipt of regular reports from the internal auditor, which shall be required at least annually;
- the inspection and copying by councillors and local electors of the Council’s accounts and/or orders of payments; and
- whether contracts with an estimated value below £25,000 due to special circumstances are exempt from a tendering process or procurement exercise.
- Financial regulations shall be reviewed regularly and at least annually for fitness of purpose.
- A public contract regulated by the Public Contracts Regulations 2015 with an estimated value in excess of £25,000 but less than the relevant thresholds in standing order 18(f) is subject to Regulations 109-114 of the Public Contracts Regulations 2015 which include a requirement on the Council to advertise the contract opportunity on the Contracts Finder website regardless of what other means it uses to advertise the opportunity.
- Subject to additional requirements in the financial regulations of the Council, the tender process for contracts for the supply of goods, materials, services or the execution of works shall include, as a minimum, the following steps:
- a specification for the goods, materials, services or the execution of works shall be drawn up;
- an invitation to tender shall be drawn up to confirm (i) the Council’s specification (ii) the time, date and address for the submission of tenders (iii) the date of the Council’s written response to the tender and (iv) the prohibition on prospective contractors contacting councillors or staff to encourage or support their tender outside the prescribed process;
- the invitation to tender shall be advertised in a local newspaper and in any other manner that is appropriate;
- tenders are to be submitted in writing in a sealed marked envelope addressed to the Proper Officer;
- tenders shall be opened by the Proper Officer in the presence of at least one councillor after the deadline for submission of tenders has passed;
- tenders are to be reported to and considered by the appropriate meeting of the Council or a committee or sub-committee with delegated responsibility.
- Neither the Council, nor a committee or a sub-committee with delegated responsibility for considering tenders, is bound to accept the lowest value tender.
- A public contract regulated by the Public Contracts Regulations 2015 with an estimated value in excess of £181,302 for a public service or supply contract or in excess of £4,551,413 for a public works contract (or other thresholds determined by the European Commission every two years and published in the Official Journal of the European Union (OJEU)) shall comply with the relevant procurement procedures and other requirements in the Public Contracts Regulations 2015 which include advertising the contract opportunity on the Contracts Finder website and in OJEU.
- A public contract in connection with the supply of gas, heat, electricity, drinking water, transport services, or postal services to the public; or the provision of a port or airport; or the exploration for or extraction of gas, oil or solid fuel with an estimated value in excess of £363,424 for a supply, services or design contract; or in excess of £4,551,413 for a works contract; or £820,370 for a social and other specific services contract (or other thresholds determined by the European Commission every two years and published in OJEU) shall comply with the relevant procurement procedures and other requirements in the Utilities Contracts Regulations 2016.
- A matter personal to a member of staff that is being considered by a meeting of [Council] OR [the ( ) committee] OR [the ( ) sub-committee] is subject to standing order 11.
- Subject to the Council’s policy regarding absences from work, the Council’s most senior member of staff shall notify the chairman of [the ( ) committee] OR [the ( ) sub-committee] or, if he is not available, the vice-chairman (if there is one) of [the ( ) committee] OR [the ( ) sub-committee] of absence occasioned by illness or other reason and that person shall report such absence to [the ( ) committee] OR [the ( ) sub-committee] at its next meeting.
- The chairman of [the ( ) committee] OR [the ( ) sub-committee] or in his absence, the vice-chairman shall upon a resolution conduct a review of the performance and annual appraisal of the work of [the member of staff’s job title]. The reviews and appraisal shall be reported in writing and are subject to approval by resolution by [the ( ) committee] OR [the ( ) sub-committee].
- Subject to the Council’s policy regarding the handling of grievance matters, the Council’s most senior member of staff (or other members of staff) shall contact the chairman of [the ( ) committee] OR [the ( ) sub-committee] or in his absence, the vice-chairman of [the ( ) committee] OR [the ( ) sub-committee] in respect of an informal or formal grievance matter, and this matter shall be reported back and progressed by resolution of [the ( ) committee] OR [the ( ) sub-committee].
- Subject to the Council’s policy regarding the handling of grievance matters, if an informal or formal grievance matter raised by [the member of staff’s job title] relates to the chairman or vice-chairman of [the ( ) committee] OR [the ( ) sub-committee], this shall be communicated to another member of [the ( ) committee] OR [the ( ) sub-committee], which shall be reported back and progressed by resolution of [the ( ) committee] OR [the ( ) sub-committee].
- Any persons responsible for all or part of the management of staff shall treat as confidential the written records of all meetings relating to their performance, capabilities, grievance or disciplinary matters.
- In accordance with standing order 11(a), persons with line management responsibilities shall have access to staff records referred to in standing order 19(f).
See also standing order 21.
- In accordance with freedom of information legislation, the Council shall publish information in accordance with its publication scheme and respond to requests for information held by the Council.
- [If gross annual income or expenditure (whichever is higher) does not exceed £25,000] The Council shall publish information in accordance with the requirements of the Smaller Authorities (Transparency Requirements) (England) Regulations 2015.
[If gross annual income or expenditure (whichever is the higher) exceeds £200,000] The Council, shall publish information in accordance with the requirements of the Local Government (Transparency Requirements) (England) Regulations 2015.
(Below is not an exclusive list).
See also standing order 11.
- The Council shall appoint a Data Protection Officer.
- The Council shall have policies and procedures in place to respond to an individual exercising statutory rights concerning his personal data.
- The Council shall have a written policy in place for responding to and managing a personal data breach.
- The Council shall keep a record of all personal data breaches comprising the facts relating to the personal data breach, its effects and the remedial action taken.
- The Council shall ensure that information communicated in its privacy notice(s) is in an easily accessible and available form and kept up to date.
- The Council shall maintain a written record of its processing activities.
- Requests from the press or other media for an oral or written comment or statement from the Council, its councillors or staff shall be handled in accordance with the Council’s policy in respect of dealing with the press and/or other media.
See also standing orders 15(b)(xii) and (xvii).
- A legal deed shall not be executed on behalf of the Council unless authorised by a resolution.
- [Subject to standing order 23(a), the Council’s common seal shall alone be used for sealing a deed required by law. It shall be applied by the Proper Officer in the presence of two councillors who shall sign the deed as witnesses.]
The above is applicable to a Council with a common seal.
[Subject to standing order 23(a), any two councillors may sign, on behalf of the Council, any deed required by law and the Proper Officer shall witness their signatures.]
The above is applicable to a Council without a common seal.
- An invitation to attend a meeting of the Council shall be sent, together with the agenda, to the ward councillor(s) of the District and County Council OR Unitary Council representing the area of the Council.
- Unless the Council determines otherwise, a copy of each letter sent to the District and County Council OR Unitary Council shall be sent to the ward councillor(s) representing the area of the Council.
- Unless duly authorised no councillor shall:
- inspect any land and/or premises which the Council has a right or duty to inspect; or
- issue orders, instructions or directions.
- All or part of a standing order, except one that incorporates mandatory statutory or legal requirements, may be suspended by resolution in relation to the consideration of an item on the agenda for a meeting.
- A motion to add to or vary or revoke one or more of the Council’s standing orders, except one that incorporates mandatory statutory or legal requirements, shall be proposed by a special motion, the written notice by at least ( ) councillors to be given to the Proper Officer in accordance with standing order 9.
- The Proper Officer shall provide a copy of the Council’s standing orders to a councillor as soon as possible.
- The decision of the chairman of a meeting as to the application of standing orders at the meeting shall be final.