Aldenham Parish Council

STANDING ORDERS:

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  1. Standing Orders
  2. Appendix A - Financial Regulations
  3. Appendix B - The Local Authorities (Model Code of Conduct) Order 2007, No. 1159
  4. Appendix C - Confidential Business (Categories)
  5. Appendix D - Complaints (Code of Practise)

Note: Standing Orders in bold are Model Standing Orders

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Standing Orders

1. MEETINGS

1.1  Meetings of the Council shall be held at the Radlett Centre at 8pm, unless the Council otherwise decides at a previous meeting, and on a monthly basis.  Usually no meetings will be held in August (except for Boundaries and Planning Committee).

1.2 The Statutory Annual Meeting (a) in an election year shall be held on the fourth day after the date of the election or within fourteen days thereafter and (b) in a year, which is not an election year, shall be held on any day in May.

1.3 Three other statutory meetings shall be held on the last Tuesday of the month.

1.4 Seven additional meetings shall also be held on the last Tuesday of the month, except in August.

1.5  Smoking is not permitted at any meeting of the Council.

 

2. CHAIRMAN OF MEETING

2.1  The person presiding at a meeting may exercise all the powers and duties of the Chairman in relation to the conduct of the meeting.

 

3. PROPER OFFICER

3.1 Where a statute, regulation or order confers functions or duties on the proper officer of the Council in the following cases, he or she shall be the Clerk:-

  1. To receive declarations of acceptance of office.
  2. To receive and record notices disclosing pecuniary interests.
  3. To receive and retain plans and documents.
  4. To sign notices and other documents on behalf of the Council.
  5. To receive copies of bye-laws made by a District Council.
  6. To certify copies of bye-laws made by Council.
  7. To sign summonses to attend meetings of the Council.

3.2  In any other case the proper officer shall be the person nominated by the Council and, in default of nominations, the Clerk.

 

4. QUORUM

4.1 Three Members of the Council shall constitute a quorum.

4.2  If a quorum is not present when the Council meets or if, during a meeting, the number of Councillors present and not debarred by reason of a declared prejudicial interest falls below the quorum, the business not transacted at that meeting shall be transacted at the next meeting or on such day as the Chairman may fix.

 

5. VOTING

5.1. Members shall vote by show of hands, or, if at least two Members so request, by signed ballot.

5.2. If a Member so requires, the Clerk to the Council shall record the names of the Members who voted on any question so as to show whether they voted for or against it.

5.3.

  1. (a) Subject to (b) and (c) below, the Chairman may give an original vote on any matter put to the vote, and in the case of an equality of votes may give a casting vote even though he gave no original vote.
  2. If the person presiding at the Annual Meeting would have ceased to be a member of the council but for statutory provisions which preserve the membership of the Chairman and Vice-Chairman until the end of their term in office he/she may not give an original vote in an election for Chairman.
  3. The Person presiding must give a casting vote whenever there is an equality of votes in an election for Chairman.

 

6. ORDER OF BUSINESS

(In an election year Councillors should execute Declarations of Acceptance of Office in the presence of a proper officer previously authorised by the Council to take such declaration, before the annual meeting commences.)

6.1 At each Annual Meeting the first business shall be

  1. 6.1.1 To elect a Chairman.
  2. 6.1.2 To receive the Chairman’s declaration of Acceptance of office or, if not received, to decide when it shall be received.
  3. 6.1.3 To decide when any declarations of acceptance of office, which have not been received as provided by law, shall be received.
  4. 6.1.4 To elect a Vice-Chairman.
  5. 6.1.5 To appoint committees and representatives.
  6. 6.1.6 To consider the payment of any subscriptions falling to be paid annually:

And shall thereafter follow the order set out in Standing Order 6.4.

6.2 At every meeting other than the Annual Meeting the first business shall be to appoint a Chairman if the Chairman and Vice-Chairman be absent and to receive such declarations of acceptance of office (if any) as are required by law to be made, or if not then received to decide when they shall be received.

6.3 In every other year not later than the meeting at which the estimates for the next year are settled the Council shall review the pay and conditions of service of existing employees (See Standing Order 11 below.)

6.4 After the first business has been considered, the order of business, unless the Council otherwise decides on the grounds of urgency, shall be as follows:-

  1. 6.4.1 To read and consider the minutes: provided that if a copy has been circulated to each member not later than the day of issue of the summons to attend the meeting, the Minutes may be taken as read.
  2. 6.4.2 After consideration to approve the signature of the Minutes by the person presiding as a correct record.
  3. 6.4.3 To deal with business expressly required by statute to be done.
  4. 6.4.4 To dispose of business, if any, remaining from the last meeting.
  5. 6.4.5 To adjourn the meeting for members of the public to address the Council.
  6. 6.4.6 To receive such communications as the person presiding may wish to lay before the Council.
  7. 6.4.7 To answer questions.
  8. 6.4.8 To receive and consider reports and minutes of committee.
  9. 6.4.9 To receive and consider reports from officers of the Council.
  10. 6.4.10 To authorise the signing of orders for payment.
  11. 6.4.11 To consider resolutions or recommendations in the order in which they have been notified.
  12. 6.4.12 Any other business specified in the summons.

6.5 A motion to vary the order of business on the ground of urgency

  1. 6.5.1 May be proposed by the Chairman or by any member and, if proposed by the Chairman, may be put to the vote without being seconded, and
  2. 6.5.2 Shall be put to the vote without discussion.

 

7. RESOLUTIONS MOVED ON NOTICE

7.1 Resolutions dealing with the following matters may be moved without notice:-

  1. 7.1.1 To appoint a Chairman of the meeting.
  2. 7.1.2 To correct the Minutes.
  3. 7.1.3 To approve the Minutes.
  4. 7.1.4 To alter the order of business.
  5. 7.1.5 To proceed to the next business.
  6. 7.1.6 To close or adjourn the debate.
  7. 7.1.7 To refer the matter to a committee.
  8. 7.1.8 To appoint a committee or any members thereof.
  9. 7.1.9 To adopt a report.
  10. 7.1.10 To amend a resolution.
  11. 7.1.11 To give leave to withdraw a resolution or an amendment,
  12. 7.1.12 To exclude the public. (See Standing Order 22.1 below.)
  13. 7.1.13 To silence or eject from the meeting a member named for misconduct. (See Standing Order 9 below.)
  14. 7.1.14 To invite a member having an interest in the subject matter under a debate to remain. (See Standing Order 18.1 below.)
  15. 7.1.15 To give the consent of the Council where such a consent is required by these Standing Orders.
  16. 7.1.16 To suspend any Standing Order. (See Standing Order 28.2 below.)

 

8. CORRECTIONS TO MINUTES

8.1 No discussion shall take place upon the Minutes except about their accuracy. Corrections to the Minutes shall be made by resolution and must be initialled by the Chairman.

 

9. DISORDERLY CONDUCT

9.1 No member shall at a meeting persistently disregard the ruling of the Chairman, wilfully obstruct business, or behave irregularly, offensively, improperly or in such a manner as to scandalise the Council or bring it into contempt or ridicule.

9.2 If, in the opinion of the Chairman, a member has broken the provision of item (9.1) of this Order, the Chairman shall express the opinion to the Council and thereafter any member may move that the member named be no longer heard or that the member named do leave the meeting, and the motion, if seconded shall be put forthwith and without discussion.

9.3 If either of the motions mentioned in item (9.2) is disobeyed, the Chairman may suspend the meeting or take such further steps as may be reasonably necessary to enforce them.

 

10. VOTING ON APPOINTMENTS

10.1 Where more than two persons have been nominated for any position to be filled by the Council and of the votes given there is not an absolute majority in favour of one person, the name of the person having the least number of votes shall be struck off the list and a fresh vote taken, and so on until a majority of votes is given in favour of one person.

 

11. DISCUSSIONS AND RESOLUTIONS AFFECTING EMPLOYEES OF THE COUNCIL

11.1 If at a meeting there arises any question relating to the appointment, conduct, promotion, dismissal, salary or conditions of service, of any person employed by the Council, it shall not be considered until the Council or committee (as the case may be) has decided whether or not the public shall be excluded (See Standing Order 22.1.)

 

12. EXPENDITURE

12.1 Any motion which is moved otherwise than in pursuance of a recommendation of the Finance and General Purposes Committee or another Committee after recommendation by the Finance and General Purposes Committee and which, if carried, would, in the opinion of the Chairman, substantially increase the expenditure upon any service which is under the management of or reduce the revenue at the disposal of any Committee, or which would involve capital expenditure, shall, when proposed and seconded, stand adjourned without discussion to the next ordinary meeting of the Council, and any Committee affected by it shall consider whether it desires to report thereon and the Finance and General Purposes Committee shall report on the financial aspect of the matter.

 

13. COMMITTEES AND SUB-COMMITTEES

13.1 The Council may at the Annual Meeting appoint standing committees and at any other time appoint such other committees as are necessary, but subject to any statutory provision in that behalf:-

  1. 13.1.1 Shall not appoint any member of a committee so as to hold office later than the Annual Meeting, and
  2. 13.1.2 May at any time dissolve or alter the membership of the committee.

13.2 The following Committees shall be the Standing Committees of the Parish Council and shall consist of the maximum number of Members respectively set out opposite such Committee:

13.3 The Chairman and Vice Chairman shall be ex-officio members of every committee.

13.4 Every committee shall at its first meeting before proceeding to any other business, elect a Chairman and may elect a Vice-Chairman who shall hold office until the next Annual Meeting of the Council.

13.5 The Chairman of a committee or the Chairman of the Council may summon an additional meeting of that committee at any time.  An additional meeting shall also be summoned on the requisition in writing of no less than a quarter of the members of the committee.  The summons shall set out the business to be considered at the special meeting and no other business shall be transacted at that meeting.

13.6 Every committee may appoint sub-committees for purposes to be specified by the committee.

13.7 The Chairman and Vice-Chairman of the committee shall be members of every sub-committee appointed by it unless they signify that they do not wish to serve.

13.8 Except where ordered by the Council in the case of a committee, or by the Council or by the appropriate committee in the case of a sub‑committee, the quorum of a committee or sub-committee shall be one-half of its members.

 

14. VOTING IN COMMITTEES

14.3 Members of committees and sub-committees shall vote by show of hands, or, if at least two members so request, by signed ballot.

14.4 Chairmen of committees and sub-committees shall in the case of an equality of votes have a second or casting vote.

 

15. DELEGATED POWERS

15.1 The Council delegates full executive powers, as follows:-

  1. 15.1.1 the day to day management of facilities shall be the responsibility of Officers, working under the supervision of the Clerk to the Council;
  2. executive powers are delegated to the Clerk to the Council, following 15.1.2 consultation with the Chairman or Vice Chairman of the Council or Committee, as appropriate, for matters which require a decision before the next ordinary meeting;
  3. 15.1.3 the Boundaries and Planning Committee have full delegated powers to respond to any planning applications;
  4. 15.1.4 committees may plan to incur expenditure up to the budget limit, planned expenditure above budget requires the specific authority of the Finance and General Purposes Committee.

 

16. PRESENCE OF NON-MEMBERS OF COMMITTEES AT COMMITTEE MEETINGS

16.1 A member who has proposed a resolution, which has been referred to any committee of which he is not a member, may explain his resolution to the committee but shall not vote.

 

17. FINANCIAL REGULATIONS

17.1 The Clerk to the Council, as the Responsible Finance Officer, shall be responsible under the policy direction of the Finance & General Purposes Committee for prescribing the Financial Regulations of the Council and for the proper administration of the Council’s financial affairs (see Appendix A).  The Financial Regulations shall be kept under review by the Finance & General Purposes Committee, and may only be varied or amended by resolution of the Council.

 

18. INTERESTS

18.1 All Members will be bound by the Parish Councils (Model Code of Conduct) Order 2001 (see Appendix B).

18.2 The Clerk to the Council shall record in a book to be kept for the purpose, particulars of any notice given by any Member or any Officer of the Council of a personal and prejudicial interest in a contract and the book shall be open during reasonable hours of the day for the inspection of any Member.

18.3 If a candidate for any appointment under the Council is to their knowledge related to any Member of or the holder of any office under the Council, they and the person to whom they are related shall disclose the relationship in writing to the Clerk to the Council.  A candidate who fails so to do shall be disqualified for such appointment, and if appointed, may be dismissed without notice. The Clerk to the Council shall report to the Council or to the appropriate Committee any such disclosure.  Where relationship to a Member is disclosed Standing Order 18.2 shall apply.  The Clerk to the Council shall make known the purpose of this Standing Order to every candidate. 

 

19. CANVASSING OF AND RECOMMENDATIONS BY MEMBERS

19.1 Canvassing of members or of any committee, directly or indirectly, for any appointment under the Council shall disqualify the candidate for such appointment.  The Clerk shall make known the purport of this sub-paragraph to every candidate.

19.2 A member of the Council shall not solicit for any person any appointment under the Council or recommend any person for such appointment or for promotion; but, nevertheless, a member may give a written testimonial for submission to the Council with an application for appointment.

19.3 Standing Order No’s 18.3, 19.1 and 19.2 shall apply to tenders as if the person making the tender were a candidate for an appointment.

 

20. INSPECTION OF DOCUMENTS

20.1 A member may for any purpose of his duty as such (but not otherwise), inspect any document in the possession of the Council or a committee, and if copies are available shall, on request, be supplied for the like purpose with a copy.

20.2 All Minutes kept by the Council and by any committee shall be open for the inspection of any member of the Council.

 

21. UNAUTHORISED ACTIVITIES

21.1 No member of the Council or of any committee or sub-committee shall in the name of or on behalf of the Council;

  1. 21.1.1 Inspect any lands or premises which the Council has a right or duty to inspect; or
  2. 21.1.2 issue any orders, instructions or directions;

unless authorised to do so by the Council or the relevant committee or sub-committee.

 

22. ADMISSION OF THE PUBLIC AND PRESS TO MEETINGS

22.1 The public shall be admitted to all meetings of the Council and its committees and sub-committee, which may, however, temporarily exclude the public by means of the following resolution, viz,:

“That in view of the [special] [confidential] nature of the business about to be transacted, it is advisable in the public interest that the public be temporarily excluded and they are instructed to withdraw.”

(Note 1. The special or confidential nature, as set out in Appendix C of these Standing Orders, should be stated

Note 2. If a person's advice or assistance is needed they may be invited [by name] to remain after the exclusion resolution is passed.

22.2 The Clerk shall afford the press reasonable facilities for taking their report of any proceedings at which they are entitled to be present.

22.3 If a member of the public interrupts the proceedings at any meeting, the Chairman may, after warning, order that he/she be removed from the Council Chamber.

22.4 A member of the public may, by invitation of the Chairman, address the meeting.

 

23. CONFIDENTIAL BUSINESS

23.1 No member of the Council or of any committee or sub-committee shall disclose to any person not a member of the Council any business declared to be confidential by the Council, the committee or the sub‑committee as the case may be.

23.2 Any member in breach of the provision of item (23.1) of this Standing Order shall be removed from any committee or sub-committee of the Council by the Council.

 

24. LIAISON WITH BOROUGH AND COUNTY COUNCILLORS

24.1 A notice of each Parish Council meeting shall be sent, together with an invitation to attend, to the County and Borough Councillors for the Parish.

24.2 The Parish Council may invite the relevant Borough and County Councillors to meet them to discuss matters of mutual interest.  It shall be the duty of the Clerk to the Council to issue necessary invitations and to maintain a record of the business considered in those meetings.

 

25. PLANNING APPLICATIONS

25.1 The Clerk to the Council shall, as soon as it is received, enter in a register kept for that purpose the following particulars of every planning application notified to the Council:

  1. the date on which it was received;
  2. the name of the applicant;
  3. the place to which it relates;
  4. a summary of the nature of the application.

25.2 The Clerk shall refer every planning application to the Chairman of the Boundaries and Planning Committee or in the Chairman’s absence to the Vice Chairman within two working days of receiving it.

 

26. STANDING ORDERS ON CONTRACTS

26.1 Every contract whether made by the Council or by a Committee to which the power of making contracts has been delegated shall comply with these Standing Orders, and no exception from any of the following provisions of these Standing Orders shall be made otherwise than by direction of the Council or in an emergency by such a Committee as aforesaid provided that these Standing Orders shall not apply to contracts which relate to items (i) to (v) below.

  1. For the supply of gas, electricity, water sewerage and telephone services.
  2. For specialist services such as are provided by solicitors, accountants, surveyors and planning consultants.
  3. For work to be executed or goods or materials to be supplied which consist of repairs to or parts for existing machinery or equipment or plant.
  4. For work to be executed or goods or materials to be supplied which constitute an extension of an existing contract by the Council.
  5. For goods or materials proposed to be purchased which are proprietary articles and/or which are sold only at a fixed price.

26.2 Where it is intended to enter into a contract:

  1. exceeding £5,000 in value for the supply of goods or materials or for the execution of works or specialist services other than such, goods, materials, works or specialist services as are excepted as set out in paragraph (25.1) the Responsible Financial Officer shall invite tenders from at least three firms, such firms to be agreed with the Chairman of the relevant Committee or the Chairman or Vice Chairman of the Council;
  2. for expenditures of £5,000 or less in value the Chairman of the spending Committee or the appointed Vice Chairman together with the Responsible Financial Officer or the duly authorised Deputy shall have executive power.

26.3 When applications are made to waive Standing Orders relating to contracts to enable a tender to be negotiated without competition the reason shall be embodied in a recommendation to the Council.

26.4 Every exception made by a Committee to which the power of making contracts has been delegated shall be reported to the Council and the report shall specify the emergency by which the exception shall have been justified.

26.5 Such invitation to tender shall state the general nature of the intended contract and the Responsible Financial Officer shall obtain the necessary technical assistance to prepare a specification in appropriate cases.  The invitation shall in addition state that tenders must be addressed to the Responsible Financial Officer and the last date by which such tenders should reach the Responsible Financial Officer in the ordinary course of post.  Each tendering firm shall be supplied with a specially marked envelope in which the tender is to be sealed and remain sealed until the prescribed date for opening tenders for that contract.

26.6 All sealed tenders shall be opened at the same time on the prescribed date by the Responsible Financial Officer or the properly authorised Deputy in the presence of at least one Member of the Council.

26.7 If less than three tenders are received for contracts valued above £5.000 or if all the tenders are identical the Council may make such arrangements as it thinks fit for procuring the goods or materials or executing the works.

26.8 Any invitation to tender issued under this Standing Order shall contain a statement of the effect of Standing Order No’s 18.3, 19.1 and 19.2.

26.9 The Council shall not be obliged to accept the lowest or any tender.

26.10 Where it is proposed not to accept the lowest tender, the Committee or Council, as appropriate, will set out a justification for the decision within the resolution to accept a higher tender.

 

27. CODE OF CONDUCT ON COMPLAINTS

27.1 The Council shall deal with complaints of maladministration allegedly committed by the Council or by any officer or Member in the manner recommended in circular 2/86 issued by the National Association of Local Councils. (see Appendix D)

 

28. VARIATION, REVOCATION & SUSPENSION OF STANDING ORDERS

28.1 Any or every part of the Standing Orders, except those where the type is in bold may be suspended by resolution in relation to any specific item of business.

28.2 A resolution permanently to add vary or revoke a Standing Order shall, when proposed and seconded, stand adjourned without discussion to the next ordinary meeting of the Council.

 

29. STANDING ORDERS TO BE GIVEN TO MEMBERS

29.1 A copy of these Standing Orders shall be given to each Member by the Clerk to the Council prior to the Member's declaration of acceptance of office.


Appendix A - Financial Regulations

These Financial Regulations were adopted by the Council at its Meeting held on 27th March 2007

1. GENERAL

1.1 These financial regulations govern the conduct of financial management by the Council and may only be amended or varied by resolution of the Council. The Council is responsible in law for ensuring that its financial management is adequate and effective and that the Council has a sound system of financial control which facilitates the effective exercise of the Council’s functions, including arrangements for the management of risk and for the prevention and detection of fraud and corruption.  These financial regulations are designed to demonstrate how the council meets these responsibilities.

1.2 The Responsible Financial Officer (RFO) is a statutory office and shall be appointed by the Council.  The Clerk has been appointed as RFO for this council and these regulations will apply accordingly.  The RFO, acting under the policy direction of the Council, shall administer the Council's financial affairs in accordance with proper practices.  The RFO shall determine on behalf of the Council its accounting records, and accounting control systems.  The RFO shall ensure that the accounting control systems are observed and that the accounting records of the Council are maintained and kept up to date in accordance with proper practices.

1.3 The RFO shall produce financial management information as required by the Council.

1.4 At least once a year, prior to approving the annual return, the Council shall conduct a review of the effectiveness of its system of internal control which shall be in accordance with proper practices.

1.5 In these financial regulations, references to the Accounts and Audit Regulations shall mean the Regulations issued under the provisions of section 27 of the Audit Commission Act 1998 and then in force.

1.6 In these financial regulations the terms ‘proper practice’ and ‘proper practices’ shall refer to guidance issued in Governance and Accountability in Local Councils in England and Wales – a Practitioners’ Guide which is published jointly by NALC and SLCC and updated from time to time.

 

2. ANNUAL ESTIMATES (BUDGET)

2.1 Each Committee shall formulate and submit proposals to the Council in respect of revenue and capital including the use of reserves and sources of funding for the following financial year not later than the end of November each year.

2.2 Detailed estimates of all receipts and payments including the use of reserves and all sources of funding for the year shall be prepared each year by the RFO in the form of a budget to be considered by the Council.

2.3 The Council shall review the budget not later than the end of January each year and shall fix the Precept to be levied for the ensuing financial year.  The RFO shall issue the precept to the billing authority and shall supply each member with a copy of the approved budget.

2.4 The annual budgets shall form the basis of financial control for the ensuing year.

2.5 The Council may consider the need for and shall have regard to a three year forecast of Revenue and Capital Receipts and Payments which may be prepared at the same time as the annual Budget.

 

3. BUDGETARY CONTROL

3.1 Expenditure on revenue items may be incurred up to the amounts included for that class of expenditure in the approved budget.

3.2 No expenditure may be incurred that will exceed the amount provided in the revenue budget for that class of expenditure.  During the budget year and with the approval of Council having considered fully the implications for public services, unspent and available amounts may be moved to other budget headings or to an earmarked reserve as appropriate.

3.3 The RFO shall regularly provide the Council with a statement of receipts and payments to date under each head of the budgets, comparing actual expenditure to the appropriate date against that planned as shown in the budget.  These statements are to be prepared at least at the end of each financial quarter.

3.4 The Clerk may incur expenditure on behalf of the Council which is necessary to carry out any repair replacement or other work which is of such extreme urgency that it must be done at once, whether or not there is any budgetary provision for the expenditure, subject to a limit of £500.  The Clerk shall report the action to the Council as soon as practicable thereafter.

3.5 Unspent provisions in the revenue budget shall not be carried forward to a subsequent year unless placed in an earmarked reserve by resolution of the Council.

3.6 No expenditure shall be incurred in relation to any capital project and no contract entered into or tender accepted involving capital expenditure unless the Council is satisfied that the necessary funds are available, or the requisite borrowing approval has been obtained.

3.7 All capital works shall be administered in accordance with the Council's standing orders and financial regulations relating to contracts.

 

4. ACCOUNTING AND AUDIT

4.1 All accounting procedures and financial records of the Council shall be determined by the RFO in accordance with the Accounts and Audit Regulations.

4.2 The RFO shall complete the annual financial statements of the Council, including the council’s annual return, as soon as practicable after the end of the financial year and shall submit them and report thereon to the Council.

4.3 The RFO shall complete the Accounts of the Council contained in the Annual Return (as supplied by the Auditor appointed from time to time by the Audit Commission) and shall submit the Annual Return for approval and authorisation by the Council within the timescales set by the Accounts and Audit Regulations.

4.4 The RFO shall ensure that there is an adequate and effective system of internal audit of the Council's accounting, financial and other operations in accordance with proper practices.  Any officer or member of the Council shall, if the RFO or Internal Auditor requires, make available such documents of the Council which appear to the RFO or Internal Auditor to be necessary for the purpose of the internal audit and shall supply the RFO or Internal Auditor with such information and explanation as the RFO or Internal Auditor considers necessary for that purpose.

4.5 The Internal Auditor shall be appointed by and shall carry out the work required by the Council in accordance with proper practices.  The Internal Auditor, who shall be competent and independent of the operations of the Council, shall report to Council in writing, or in person, on a regular basis with a minimum of one annual written report in respect of each financial year. In order to demonstrate objectivity and independence, the internal auditor shall be free from any conflicts of interest and have no involvement in the financial decision making, management or control of the Council.

4.6 The RFO shall make arrangements for the opportunity for inspection of the accounts, books, and vouchers and for the display or publication of any Notices and Statements of Account required by Audit Commission Act 1998 and the Accounts and Audit Regulations.

4.7 The RFO shall, as soon as practicable, bring to the attention of all Councillors any correspondence or report from the Internal or External Auditor, unless the correspondence is of a purely administrative matter.

 

5. BANKING ARRANGEMENTS AND CHEQUES

5.1 The Council's banking arrangements, including the Bank Mandate, shall be made by the RFO and approved by the Council.  They shall be regularly reviewed for efficiency.

5.2 A schedule of the payments required, forming part of the Agenda for the Meeting, shall be prepared by the RFO and, together with the relevant invoices, be presented to Council.  If the schedule is in order it shall be authorised by a resolution of the Council and shall be initialled by the Chairman of the Meeting. 

5.3 Cheques drawn on the bank account in accordance with the schedule referred to in paragraph 5.2 or in accordance with paragraph 6.4, shall be signed by two members of Council.

5.4 To indicate agreement of the details shown on the cheque or order for payment with the counterfoil and the invoice or similar documentation, the signatories shall each also initial the cheque number listed on the Schedule of Payments.

 

6. PAYMENT OF ACCOUNTS

6.1 All payments shall be effected by cheque or other order drawn on the Council's bankers.

6.2 All invoices for payment shall be examined, verified and certified by the Clerk.  The Clerk shall satisfy him/herself that the work, goods or services to which the invoice relates shall have been received, carried out, examined and approved.

6.3 The RFO shall examine invoices in relation to arithmetical accuracy and shall analyse them under the appropriate expenditure heading.  The Clerk shall take all steps to settle all invoices submitted, and which are in order, at the next available Council Meeting.

6.4 If a payment is necessary to avoid a charge to interest under the Late Payment of Commercial Debts (Interest) Act 1998, and the due date for payment is before the next scheduled Meeting of Council, where the Clerk and RFO certify that there is no dispute or other reason to delay payment, the Clerk may (notwithstanding para 6.3) take all steps necessary to settle such invoices provided that a list of such payments shall be submitted to the next appropriate meeting of Council.

6.5 The RFO may provide petty cash to officers for the purpose of defraying operational and other expenses.  Vouchers for payments made shall be forwarded to the RFO with a claim for reimbursement.

  1. The RFO shall maintain as petty cash float of £350 for the purpose of defraying operational and other expenses.  Vouchers for payments made from petty cash shall be kept to substantiate the payment.
  2. Income received must not be paid into the petty cash float but must be separately banked, as provided elsewhere in these regulations.
  3. Payments to maintain the petty cash float shall be shown separately on the schedule of payments presented to Council under 5.2 above.

6.6 If thought appropriate by the Council, payment for utility supplies (energy, telephone and water) may be made by variable Direct Debit provided that the instructions are signed by two members and any payments are reported to Council as made.  The approval of the use of a variable Direct Debit shall be renewed by resolution of the Council at least every two years.

 

7. PAYMENT OF SALARIES

7.1 As an employer, the Council shall make arrangements to meet fully the statutory requirements placed on all employers by PAYE and National Insurance legislation. The payment of all salaries shall be made in accordance with payroll records and the rules of PAYE and National Insurance currently operating, and salaries shall be as agreed by Council.

7.2 Payment of salaries and payment of deductions from salary such as may be made for tax, national insurance and pension contributions, may be made in accordance with the payroll records and on the appropriate dates stipulated in employment contracts, provided that each payment is reported to and ratified by the next available Council Meeting.

 

8. LOANS AND INVESTMENTS

8.1 All loans and investments shall be negotiated in the name of the Council and shall be for a set period in accordance with Council policy.

8.2 The Council shall consider the need for an Investment Policy which, if drawn up, shall be in accordance with relevant regulations, proper practices and guidance.  Any Policy shall be reviewed at least annually.

8.3 All investments of money under the control of the Council shall be in the name of the Council.

8.4 All borrowings shall be effected in the name of the Council, after obtaining any necessary borrowing approval.  Any application for borrowing approval shall be approved by Council as to terms and purpose.  The terms and conditions of borrowings shall be reviewed at least annually.

8.5 All investment certificates and other documents relating thereto shall be retained in the custody of the RFO.

 

9. INCOME

9.1 The collection of all sums due to the Council shall be the responsibility of and under the supervision of the RFO.

9.2 Particulars of all charges to be made for work done, services rendered or goods supplied shall be agreed annually by the Council, notified to the RFO and the RFO shall be responsible for the collection of all accounts due to the Council.

9.3 The Council will review all fees and charges annually, following a report of the Clerk.

9.4 Any sums found to be irrecoverable and any bad debts shall be reported to the Council and shall be written off in the year.

9.5 All sums received on behalf of the Council shall be banked intact as directed by the RFO.  In all cases, all receipts shall be deposited with the Council's bankers with such frequency as the RFO considers necessary.

9.6 The origin of each receipt shall be entered on the paying-in slip.

9.7 Personal cheques shall not be cashed out of money held on behalf of the Council.

9.8 The RFO shall promptly complete any VAT Return that is required.  Any repayment claim due in accordance with VAT Act 1994 section 33 shall be made at least annually coinciding with the financial year end.

9.9 Where any significant sums of cash are regularly received by the Council, the RFO shall take such steps as are agreed by the Council to ensure that more than one person is present when the cash is counted in the first instance, that there is a reconciliation to some form of control such as ticket issues, and that appropriate care is taken in the security and safety of individuals banking such cash.

 

10. ORDERS FOR WORK, GOODS AND SERVICES

10.1 An official order or letter shall be issued for all work, goods and services unless a formal contract is to be prepared or an official order would be inappropriate. Copies of orders shall be retained.

10.2 Order books shall be controlled by the RFO.

10.3 All members and Officers are responsible for obtaining value for money at all times. An officer issuing an official order shall ensure as far as reasonable and practicable that the best available terms are obtained in respect of each transaction, usually by obtaining three or more quotations or estimates from appropriate suppliers, subject to any de minimis provisions in Regulation 11 (I) below.

10.4 The RFO shall verify the lawful nature of any proposed purchase before the issue of any order, and in the case of new or infrequent purchases or payments, the RFO shall ensure that the statutory authority shall be reported to the meeting at which the order is approved so that the Minutes can record the power being used. The limits are as follows:

Head of Grounds Maintenance

Authority to order up to £200
(limited to items in his area of responsibility)

Single signature

 

Authority to order £200 and above

Second signature required from Clerk or Deputy Clerk up to their authority limits

Deputy Clerk

Authority to order up to £500

Single signature

 

Authority to order £500 and above
(Authorised to sign in the absence of Clerk)

Second signature required from a Member up to £2000, from Chairman of relevant Committee or the Council Chairman £2000 and above

Clerk

Authority to order up to £2000

Single signature

 

Authority to order £2000 and above

Second signature required from a Member up to £2000, from Chairman of relevant Committee or the Council Chairman £2000 and above

 

11. CONTRACTS

11.1 Procedures as to contracts are laid down as follows:

  1. Every contract shall comply with these financial regulations, and no exceptions shall be made otherwise than in an emergency provided that these regulations shall not apply to contracts which relate to items (i) to (vi) below:
    1. for the supply of gas, electricity, water, sewerage and telephone services;
    2. for specialist services such as are provided by solicitors, accountants, surveyors and planning consultants;
    3. for work to be executed or goods or materials to be supplied which consist of repairs to or parts for existing machinery or equipment or plant;
    4. for work to be executed or goods or materials to be supplied which constitute an extension of an existing contract by the Council;
    5. for additional audit work of the external Auditor up to an estimated value of £250 (in excess of this sum the Clerk and RFO shall act after consultation with the Chairman and Vice Chairman of Council);
    6. for goods or materials proposed to be purchased which are proprietary articles and/or are only sold at a fixed price.
  2. Where it is intended to enter into a contract exceeding £5,000 in value for the supply of goods or materials or for the execution of works or specialist services other than such goods, materials, works or specialist services as are excepted as set out in paragraph (a) the Clerk shall invite tenders from at least three firms to be taken from the appropriate approved list.
  3. When applications are made to waive financial regulations relating to contracts to enable a price to be negotiated without competition the reason shall be embodied in a recommendation to the Council.
  4. Such invitation to tender shall state the general nature of the intended contract and the Clerk shall obtain the necessary technical assistance to prepare a specification in appropriate cases.  The invitation shall in addition state that tenders must be addressed to the Clerk in the ordinary course of post.  Each tendering firm shall be supplied with a specifically marked envelope in which the tender is to be sealed and remain sealed until the prescribed date for opening tenders for that contract.
  5. All sealed tenders shall be opened at the same time on the prescribed date by the Clerk in the presence of at least one member of Council.
  6. If less than three tenders are received for contracts above £5,000 or if all the tenders are identical the Council may make such arrangements as it thinks fit for procuring the goods or materials or executing the works.
  7. Any invitation to tender issued under this regulation shall contain a statement to the effect of Standing Orders 18.3, 19.1 and 19.2.
  8. When it is to enter into a contract less than £5,000 in value for the supply of goods or materials or for the execution of works or specialist services other than such goods, materials, works or specialist services as are excepted as set out in paragraph (a) the Clerk or RFO shall obtain 3 quotations, where the value is below £1,000 and above £100 the Clerk or RFO shall strive to obtain 3 estimates. Otherwise, Regulation 10 (3) above shall apply.
  9. The Council shall not be obliged to accept the lowest or any tender, quote or estimate.

 

12. PAYMENTS UNDER CONTRACTS FOR BUILDING OR OTHER CONSTRUCTION WORKS

12.1 Payments on account of the contract sum shall be made within the time specified in the contract by the RFO upon authorised certificates of the architect or other consultants engaged to supervise the contract (subject to any percentage withholding as may be agreed in the particular contract).

12.2 Where contracts provide for payment by instalments the RFO shall maintain a record of all such payments.  In any case where it is estimated that the total cost of work carried out under a contract, excluding agreed variations, will exceed the contract sum of 5% or more a report shall be submitted to the Council.

12.3 Any variation to a contract or addition to or omission from a contract must be approved by the Council and Clerk to the Contractor in writing, the Council being informed where the final cost is likely to exceed the financial provision.

 

13. STORES AND EQUIPMENT 

13.1 The officer in charge of each section shall be responsible for the care and custody of stores and equipment in that section.

13.2 Delivery Notes shall be obtained in respect of all goods received into store or otherwise delivered and goods must be checked as to order and quality at the time delivery is made.

13.3 Stocks shall be kept at the minimum levels consistent with operational requirements.

13.4 The RFO shall be responsible for periodic checks of stocks and stores at least annually.

 

14. ASSETS, PROPERTIES AND ESTATES

14.1 The Clerk shall make appropriate arrangements for the custody of all title deeds of properties owned by the Council.  The RFO shall ensure a record is maintained of all properties owned by the Council, recording the location, extent, plan, reference, purchase details, nature of the interest, tenancies granted, rents payable and purpose for which held in accordance with Accounts and Audit Regulations.

14.2 No property shall be sold, leased or otherwise disposed of without the authority of the Council, together with any other consents required by law, save where the estimated value of any one item of tangible movable property does not exceed £50.

14.3 The RFO shall ensure that an appropriate and accurate Register of Assets and Investments is kept up to date.  The continued existence of tangible assets shown in the Register shall be verified at least annually, possibly in conjunction with a health and safety inspection of assets.

 

15. INSURANCE

15.1 Following the annual risk assessment (per Financial Regulation 17), the RFO shall effect all insurances and negotiate all claims on the Council's insurers.
15.2 The RFO shall keep a record of all insurances effected by the Council and the property and risks covered thereby and annually review it.
15.3 The RFO shall be notified of any loss liability or damage or of any event likely to lead to a claim, and shall report these to Council at the next available meeting.
15.4 All appropriate employees of the Council shall be included in a suitable fidelity guarantee insurance which shall cover the maximum risk exposure as determined by the Council.

 

16. CHARITIES

16.1 Where the Council is sole trustee of a Charitable body the Clerk and RFO shall ensure that separate accounts are kept of the funds held on charitable trusts and separate financial reports made in such form as shall be appropriate, in accordance with Charity Law and legislation, or as determined by the Charity Commission.  The Clerk and RFO shall arrange for any Audit or Independent Examination as may be required by Charity Law or any Governing Document.]

 

17. RISK MANAGEMENT

17.1 The Council is responsible for putting in place arrangements for the management of risk. The Clerk shall prepare, for approval by the Council, risk management policy statements in respect of all activities of the Council. Risk policy statements and consequential risk management arrangements shall be reviewed by the Council at least annually.

17.2 When considering any new activity, the Clerk shall prepare a draft risk assessment including risk management proposals for consideration and adoption by the Council.

 

18. REVISION OF FINANCIAL REGULATIONS

18.1 It shall be the duty of the Council to review the Financial Regulations of the Council from time to time.  The Clerk shall make arrangements to monitor changes in legislation or proper practices and shall advise the council of any requirement for a consequential amendment to these financial regulations.


Appendix B - The Local Authorities (Model Code of Conduct) Order 2007, No. 1159

THE MODEL CODE OF CONDUCT FOR PARISH AND TOWN COUNCILS

Part 1 - General provisions

1. Introduction and interpretation

  1. This Code applies to you as a member of an authority.
  2. You should read this Code together with the general principles prescribed by the Secretary of State (see Annexure to this Code).
  3. It is your responsibility to comply with the provisions of this Code.
  4. In this Code—
    “meeting” means any meeting of—
    1. the authority;
    2. any of the authority’s committees or sub-committees, joint committees or joint sub-committees;
    “member” includes a co-opted member and an appointed member.
  5. References to an authority’s monitoring officer and an authority’s standards committee shall be read, respectively, as references to the monitoring officer and the standards committee of the district council or unitary county council which has functions in relation to the parish council for which it is responsible under section 55(12) of the Local Government Act 2000.

2. Scope

  1. Subject to sub-paragraphs (2) to (5), you must comply with this Code whenever you—
    1. conduct the business of your authority (which, in this Code, includes the business of the office to which you are elected or appointed); or
    2. act, claim to act or give the impression you are acting as a representative of your authority,
    and references to your official capacity are construed accordingly.
  2. Subject to sub-paragraphs (3) and (4), this Code does not have effect in relation to your conduct other than where it is in your official capacity.
  3. In addition to having effect in relation to conduct in your official capacity, paragraphs 3(2)(c), 5 and 6(a) also have effect, at any other time, where that conduct constitutes a criminal offence for which you have been convicted.
  4. Conduct to which this Code applies (whether that is conduct in your official capacity or conduct mentioned in sub-paragraph (3)) includes a criminal offence for which you are convicted (including an offence you committed before the date you took office, but for which you are convicted after that date).
  5. Where you act as a representative of your authority—
    1. on another relevant authority, you must, when acting for that other authority, comply with that other authority’s code of conduct; or
    2. on any other body, you must, when acting for that other body, comply with your authority’s code of conduct, except and insofar as it conflicts with any other lawful obligations to which that other body may be subject.

3. General obligations

  1. You must treat others with respect.
  2. You must not—
    1. do anything which may cause your authority to breach any of the equality enactments (as defined in section 33 of the Equality Act 2006());
    2. bully any person;
    3. intimidate or attempt to intimidate any person who is or is likely to be—
      1. a complainant,
      2. a witness, or
      3. involved in the administration of any investigation or proceedings,
      in relation to an allegation that a member (including yourself) has failed to comply with his or her authority’s code of conduct; or
    4. do anything which compromises or is likely to compromise the impartiality of those who work for, or on behalf of, your authority.

4. You must not—

  1. disclose information given to you in confidence by anyone, or information acquired by you which you believe, or ought reasonably to be aware, is of a confidential nature, except where—
    1. you have the consent of a person authorised to give it;
    2. you are required by law to do so;
    3. the disclosure is made to a third party for the purpose of obtaining professional advice provided that the third party agrees not to disclose the information to any other person; or
    4. the disclosure is—
      (aa) reasonable and in the public interest; and
      (bb) made in good faith and in compliance with the reasonable requirements of the authority; or
  2. prevent another person from gaining access to information to which that person is entitled by law.

5. You must not conduct yourself in a manner which could reasonably be regarded as bringing your office or authority into disrepute.

6. You—

  1. must not use or attempt to use your position as a member improperly to confer on or secure for yourself or any other person, an advantage or disadvantage; and
  2. must, when using or authorising the use by others of the resources of your authority—
    1. act in accordance with your authority’s reasonable requirements; and
    2. ensure that such resources are not used improperly for political purposes (including party political purposes).
  3. must have regard to any applicable Local Authority Code of Publicity made under the Local Government Act 1986.

7. Paragraph 7 does not apply to your authority.


Part 2 - Interests

8. Personal interests

  1. You have a personal interest in any business of your authority where either—
    1. it relates to or is likely to affect—
      1. any body of which you are a member or in a position of general control or management and to which you are appointed or nominated by your authority;
      2. any body—
        (aa) exercising functions of a public nature;
        (bb) directed to charitable purposes; or
        (cc) one of whose principal purposes includes the influence of public opinion or policy (including any political party or trade union),
        of which you are a member or in a position of general control or management;
      3. any employment or business carried on by you;
      4. any person or body who employs or has appointed you;
      5. any person or body, other than a relevant authority, who has made a payment to you in respect of your election or any expenses incurred by you in carrying out your duties;
      6. any person or body who has a place of business or land in your authority’s area, and in whom you have a beneficial interest in a class of securities of that person or body that exceeds the nominal value of £25,000 or one hundredth of the total issued share capital (whichever is the lower);
      7. any contract for goods, services or works made between your authority and you or a firm in which you are a partner, a company of which you are a remunerated director, or a person or body of the description specified in paragraph (vi);
      8. the interests of any person from whom you have received a gift or hospitality with an estimated value of at least £25;
      9. any land in your authority’s area in which you have a beneficial interest;
      10. any land where the landlord is your authority and you are, or a firm in which you are a partner, a company of which you are a remunerated director, or a person or body of the description specified in paragraph (vi) is, the tenant;
      11. any land in the authority’s area for which you have a licence (alone or jointly with others) to occupy for 28 days or longer; or
    2. a decision in relation to that business might reasonably be regarded as affecting your well-being or financial position or the well-being or financial position of a relevant person to a greater extent than the majority of—
      1. (in the case of authorities with electoral divisions or wards) other council tax payers, ratepayers or inhabitants of the electoral division or ward, as the case may be, affected by the decision; or
      2. (in all other cases) other council tax payers, ratepayers or inhabitants of your authority’s area.
  2. In sub-paragraph (1)(b), a relevant person is—
    1. a member of your family or any person with whom you have a close association; or
    2. any person or body who employs or has appointed such persons, any firm in which they are a partner, or any company of which they are directors;
    3. any person or body in whom such persons have a beneficial interest in a class of securities exceeding the nominal value of £25,000; or
    4. any body of a type described in sub-paragraph (1)(a)(i) or (ii).

9. Disclosure of personal interests

  1. Subject to sub-paragraphs (2) to (7), where you have a personal interest in any business of your authority and you attend a meeting of your authority at which the business is considered, you must disclose to that meeting the existence and nature of that interest at the commencement of that consideration, or when the interest becomes apparent.
  2. Where you have a personal interest in any business of your authority which relates to or is likely to affect a person described in paragraph 8(1)(a)(i) or 8(1)(a)(ii)(aa), you need only disclose to the meeting the existence and nature of that interest when you address the meeting on that business.
  3. Where you have a personal interest in any business of the authority of the type mentioned in paragraph 8(1)(a)(viii), you need not disclose the nature or existence of that interest to the meeting if the interest was registered more than three years before the date of the meeting.
  4. Sub-paragraph (1) only applies where you are aware or ought reasonably to be aware of the existence of the personal interest.
  5. Where you have a personal interest but, by virtue of paragraph 14, sensitive information relating to it is not registered in your authority’s register of members’ interests, you must indicate to the meeting that you have a personal interest, but need not disclose the sensitive information to the meeting.

10. Prejudicial interest generally

  1. Subject to sub-paragraph (2), where you have a personal interest in any business of your authority you also have a prejudicial interest in that business where the interest is one which a member of the public with knowledge of the relevant facts would reasonably regard as so significant that it is likely to prejudice your judgement of the public interest.
  2. You do not have a prejudicial interest in any business of the authority where that business—
    1. does not affect your financial position or the financial position of a person or body described in paragraph 8;
    2. does not relate to the determining of any approval, consent, licence, permission or registration in relation to you or any person or body described in paragraph 8; or
    3. relates to the functions of your authority in respect of—
      1. this sub-paragraph does not apply to your authority;
      2. this sub-paragraph does not apply to your authority;
      3. statutory sick pay under Part XI of the Social Security Contributions and Benefits Act 1992, where you are in receipt of, or are entitled to the receipt of, such pay;
      4. an allowance, payment or indemnity given to members;
      5. any ceremonial honour given to members; and
      6. setting council tax or a precept under the Local Government Finance Act 1992.

11. Paragraph 11 does not apply to your authority.

12. Effect of prejudicial interests on participation

  1. Subject to sub-paragraph (2), where you have a prejudicial interest in any business of your authority—
    1. you must withdraw from the room or chamber where a meeting considering the business is being held—
      1. in a case where sub-paragraph (2) applies, immediately after making representations, answering questions or giving evidence;
      2. in any other case, whenever it becomes apparent that the business is being considered at that meeting;
        unless you have obtained a dispensation from your authority’s standards committee; and
    2. you must not seek improperly to influence a decision about that business.
  2. Where you have a prejudicial interest in any business of your authority, you may attend a meeting but only for the purpose of making representations, answering questions or giving evidence relating to the business, provided that the public are also allowed to attend the meeting for the same purpose, whether under a statutory right or otherwise.

Part 3 - Registration of Members’ Interests

13. Registration of members’ interests

  1. Subject to paragraph 14, you must, within 28 days of—
    1. this Code being adopted by or applied to your authority; or
    2. your election or appointment to office (where that is later),
    register in your authority’s register of members’ interests (maintained under section 81(1) of the Local Government Act 2000) details of your personal interests where they fall within a category mentioned in paragraph 8(1)(a), by providing written notification to your authority’s monitoring officer. 
  2. Subject to paragraph 14, you must, within 28 days of becoming aware of any new personal interest or change to any personal interest registered under paragraph (1), register details of that new personal interest or change by providing written notification to your authority’s monitoring officer.

14. Sensitive information

  1. Where you consider that the information relating to any of your personal interests is sensitive information, and your authority’s monitoring officer agrees, you need not include that information when registering that interest, or, as the case may be, a change to that interest under paragraph 13.
  2. You must, within 28 days of becoming aware of any change of circumstances which means that information excluded under paragraph (1) is no longer sensitive information, notify your authority’s monitoring officer asking that the information be included in your authority’s register of members’ interests.
  3. In this Code, “sensitive information” means information whose availability for inspection by the public creates, or is likely to create, a serious risk that you or a person who lives with you may be subjected to violence or intimidation.

Annexure - The Ten General Principles

The general principles governing your conduct under the Relevant Authorities (General Principles) Order 2001 are set out below:

Selflessness

1. Members should serve only the public interest and should never improperly confer an advantage or disadvantage on any person.

Honesty and Integrity

2. Members should not place themselves in situations where their honesty and integrity may be questioned, should not behave improperly and should on all occasions avoid the appearance of such behaviour.

Objectivity

3. Members should make decisions on merit, including when making appointments, awarding contracts, or recommending individuals for rewards or benefits.

Accountability

4. Members should be accountable to the public for their actions and the manner in which they carry out their responsibilities, and should co-operate fully and honestly with any scrutiny appropriate to their particular office.

Openness

5. Members should be as open as possible about their actions and those of their authority, and should be prepared to give reasons for those actions.

Personal Judgement

6. Members may take account of the views of others, including their political groups, but should reach their own conclusions on the issues before them and act in accordance with those conclusions.

Respect for Others

7. Members should promote equality by not discriminating unlawfully against any person, and by treating people with respect, regardless of their race, age, religion, gender, sexual orientation or disability. They should respect the impartiality and integrity of the authority's statutory officers, and its other employees.

Duty to Uphold the Law

8. Members should uphold the law and, on all occasions, act in accordance with the trust that the public is entitled to place in them.

Stewardship

9. Members should do whatever they are able to do to ensure that their authorities use their resources prudently and in accordance with the law.

Leadership

10.Members should promote and support these principles by leadership, and by example, and should act in a way that secures or preserves public confidence.


Appendix C - Confidential Business (Categories)

(see Standing Order 22)

Business to be transacted in the absence of the public must fall into one of the following nine categories.

The applicable category shall be quoted in full within the resolution to exclude the public from the meeting.

Discussion on:-

  1. Employees, former employees and prospective employees.
  2. Accommodation, services or financial assistance provided by the Council to an individual.
  3. Details of the terms of contracts for the acquisition or disposal of property, or for the supply of goods and services.
  4. Negotiations in labour relations.
  5. Advice received, information obtained or action to be taken in connection with any legal proceedings involving the Council.
  6. Action taken or to be taken in connection with the prevention, prosecution or investigation of a crime.
  7. The identity of an individual who gives information to the Council about a criminal offence, breach of statutory duty, breach of planning control or a nuisance.
  8. Information provided by a government department or other statutory authority on terms that forbid disclosure to the public.
  9. Information, the disclosure of which is prohibited by, or under any enactment, or by order of a court.

Appendix D - Complaints (Code of Practise)

(see Standing Order 27)

  1. If a complaint about procedures or administration is notified orally to a Councillor or an Officer, and it is not possible to satisfy the complainant fully forthwith the complainant shall be asked to put the complaint in writing to the Clerk to the Council, and be assured that it will be dealt with promptly after receipt.
  2. If a complaint refers to the personal conduct of the Clerk to the Council, and the complainant indicates that they would prefer not to put the matter to the Clerk to the Council, they shall be advised to write to the Chairman of the Finance & General Purposes Committee.
  3. (a) On receipt of a written complaint, the Clerk to the Council or Chairman of Finance and General Purposes Committee (as the case may be), shall, except where the complaint is about their own actions, try to settle the complaint directly with the complainant.
    (b) Where the complainant refers to the behaviour of a Member or Officer, the person complained of will be notified of the manner in which it is proposed to deal with the matter, and be given an opportunity to comment.
    (c) Where the Clerk to the Council or Finance & General Purposes Committee Chairman receive a written complaint about their own actions, they shall forthwith refer the complaint, as follows.
  4. The Clerk to the Council or Chairman shall report to the next meeting of the appropriate Committee any written complaint disposed of by direct action with the complainant.
  5. The Clerk to the Council or Chairman of Finance and General Purposes Committee shall bring any written complaint, which can not be settled to the next meeting of the appropriate Committee and the Clerk to the Council shall notify the complainant of the date on which the complaint will be considered.
  6. The Committee shall consider whether the circumstances attending any complaint warrant the matter being discussed in the absence of the press and public (including the complainant, if present), but any decision on a complaint shall be announced at the meeting in public.
  7. As soon as may be after the decision has been made it, and the nature of any action to be taken, shall be communicated in writing to the complainant.
  8. This procedure will not prejudice the rights of an elector to question the district auditor at the annual audit of accounts nor to complain to the Standards Board for England.