Part 4
Council and Committee Procedure Rules
Council and Committee Procedure Rules
[Standing Orders]
CONTENTS
Rule / Subject /Page
11.1
1.2
2
3
3.1
3.2
4
5
6
7
8
8.1
8.2
8.3
8.4
8.5
8.6
9
9.1
9.2
9.3
9.4
9.5
9.6
9.7
9.8
9.9
9.10
9.11
10
10.1
10.2
10.3
10.4 10.5
10.6
11
11.1
11.2
11.3
11.4
11.5
11.6
12
13
14
14.1
14.2
14.3
14.4
14.5
14.6
14.7
14.8
14.9
14.10
14.11
14.12
14.13
14.14
14.15
15
15.1
15.2
15.3
16
16.1
16.2
16.3
16.4
16.5
16.6
16.7
17
17.1
17.2
18
19
20
20.1
20.2
20.3
20.4
20.5
21
21.1
21.2
22
22.1
22.2
22.3
22.4
22.5
22.6
23
23.1
23.2
23.3
23.4
23.5
23.6
23.7
23.8
24
25
25.1
25.2
26
27
28 / ANNUAL MEETING OF THE COUNCIL
Timing and business
Appointment of councillors to committees and outside bodies
ORDINARY MEETINGS
EXTRAORDINARY MEETINGS
Calling extraordinary meetings
Business
MEETINGS
NOTICE AND SUMMONS TO MEETINGS
CHAIR OF MEETING
QUORUM
GUILLOTINE
Interruption of the meeting
Motions and recommendations not dealt with
Recorded vote
Motions which may be moved
Extension of guillotine
Close of the meeting
QUESTIONS AND PETITIONS BY THE PUBLIC
General
Order of questions and petitions
Notice of questions and petitions
Number of questions and petitions
Scope of questions and petitions
Record of questions
Asking the question at the meeting
Supplementary questions
Response to petition
Reference of question or petition issue to the cabinet
Order of questions and petitions
QUESTIONS BY MEMBERS
Questions on notice at full council
Notice of questions
Oral questions
Supplementary questions
Time allowed for oral questions
Response to questions
MOTIONS WITH NOTICE
Shadow cabinet motions
Other motions
Scope
Motion set out on the agenda
Notice
Motion not moved
MOTIONS WITHOUT NOTICE
REPORTS OF OFFICERS
RULES OF DEBATE
Motions and amendments
Right to require notice in writing
Seconder’s speech
Only one member to stand at a time
Content and length of speeches
When a member may speak again
Amendments to motions
Alteration of motion
Withdrawal of motion
Right of reply
Motions which may be moved during debate
Closure motions
Points of order
Personal explanation
Respect for chair
PREVIOUS DECISIONS AND RESOLUTIONS
Motion to rescind a previous decision
Motion similar to one previously rejected
Application
VOTING
Majority
Casting vote
Show of hands
Recorded vote
Right to require individual vote to be recorded
Voting on appointments
Recorded vote required on full council budget decisions
MINUTES
Signing the minutes
Requirement to sign minutes at next meeting
RECORD OF ATTENDANCE
EXCLUSION OF PUBLIC
MEMBERS’ CONDUCT
Standing to speak
Mayor standing
Member not to be heard further
Member to leave the meeting
General disturbance
DISTURBANCE BY THE PUBLIC
Removal of member of the public
Clearance of part of meeting room
FILMING AND REPORTING
Reporting
Person reporting
Prior notification of filming
Filming of people not actively participating
Reporting of confidential business
Filming causing disturbance
COMMITTEES
Appointment of committees
Nomination of members of committees
Election of chair of committee
Items for committee agendas
Special meetings of committees
Subordinate bodies
Quorum of committees
Attendance at committees
SUBSTITUTE MEMBERS
SUSPENSION AND AMENDMENT OF COUNCIL AND COMMITTEE PROCEDURE RULES
Suspension
Amendment
APPLICATION TO COMMITTEES AND SUB-COMMITTEES
RULES OF PROCEDURE TO BE GIVEN TO MEMBERS
INTERPRETATION OF RULES OF PROCEDURE / 5
5
5
6
7
7
7
7
7
7
8
8
8
8
8
8
8
8
9
9
9
9
9
10
10
10
10
10
11
11
11
11
12
12
12
12
12
13
13
13
13
13
13
14
14
15
15
15
15
15
15
15
16
16
17
17
17
17
18
18
18
19
19
19
19
19
19
19
19
20
20
20
20
20
21
21
21
21
21
21
21
21
22
22
22
22
22
22
22
22
23
23
23
23
23
23
23
23
23
24
24
24
24
25
25
25
25
26
26
1.ANNUAL MEETING OF THE COUNCIL
1.1Timing and business
In a year where there is an ordinary election of councillors, the annual meeting will take place within 21 days of the retirement of the outgoing councillors. In any other year the annual meeting will take place in March, April or May.
The annual meeting will be chaired by the Mayor and will:
(i)receive apologies for absence;
(ii)elect a person to preside if the Mayor is not present;
(iii)elect the Mayor;
(iv)note the appointment of the Deputy Mayor;
(v)approve the minutes of the last meeting;
(vi)note any announcements by the Mayor;
(vii)elect the leader;
(viii)agree the size of the cabinet and appoint members to it;
(ix)appoint at least one scrutiny committee, a Standards Committee and other committees which the Council considers appropriate to deal with matters which are neither reserved to the Council nor are cabinet functions (as set out in Part 3);
(x)agree any parts of the scheme of delegation which are for the Council to agree (as set out in Part 3); and
(xi)consider any other business set out in the notice convening the meeting.
1.2Appointment of councillors to committees and outside bodies
At the annual meeting the Council will:
(i)decide which committees to establish for the municipal year;
(ii)decide the size and powers and duties for those committees;
(iii)decide the allocation of seats to political groups in accordance with the political balance rules;
(iv)receive nominations of councillors to serve on each committee and outside body; and
(v)appoint to those committees and outside bodies except where this has been delegated by the Council or is exercisable only by the cabinet.
2.ORDINARY MEETINGS
Ordinary meetings of the Council will take place in accordance with a programme decided by the proper officer, following consultation with the party whips. The order of business at ordinary meetings will be:
(i)choose a person to preside if the Mayor is absent;
(ii)deal with any business required by law to be done before any other business;
(iii)apologies for absence;
(iv)declarations of interest;
(v)approve the minutes of the last meeting;
(vi)deal with any other business expressly required by law to be done;
(vii)mayor's announcements;
(viii)(save at budget council meetings) petitions (which should not relate to outstanding planning or licensing applications) including petitions under the Council’s statutory Petitions Scheme triggering debate
(a)presented by members of the public
(b)presented by members of the Council
(ix)statements/questions from members of the public under rule 9;
(x)business (if any) remaining from the last meeting;
(xi)questions asked by councillors under rule 10;
(xii)recommendations of the cabinet and decision making committees;
(xiii)recommendations from scrutiny committees;
(xiv)(budget council meetings only) the budget report;
(xv)(corporate plan council meeting only) the corporate plan;
(xvi)motions from the shadow cabinet under rule 11;
(xvii)motions under rule 11 in the order in which notice has been received;
(xviii)other business (if any) specified in the summons, including reports submitted by the Leader, a cabinet member, head of paid service, monitoring officer or any other chief officer.
save that any member may put a request in writing to the Mayor by no later than 10 a.m. on the morning of the meeting, that a report submitted under (xvi) above be considered at an earlier point on the agenda and mayor may in his or her discretion agree to or decline that request
- EXTRAORDINARY MEETINGS
3.1Calling extraordinary meetings
The following may request the proper officer to call council meetings in addition to ordinary meetings:
(i)the Council;
(ii)the Mayor;
(iii)the Monitoring Officer; and
(iv)any five members of the Council if they have signed a requisition presented to the Mayor and the Mayor has failed or refused to call a meeting within seven days of the presentation of the requisition.
3.2Business
Only business set out on the agenda may be dealt with at an extraordinary meeting.
- MEETINGS
Meetings of the Council shall be held at seven o’clock in the evening at Ealing Town Hall.
- NOTICE OF AND SUMMONS TO MEETINGS
The proper officer will give notice to the public in accordance with the Access to Information Rules. At least five clear days before a meeting, the proper officer will send a summons to every member of the Council. The summons will give the date of each meeting and specify the business to be transacted.
- CHAIR OF MEETING
The person presiding at the meeting may exercise any power or duty of the Mayor in relation to the conduct of the meeting.
- QUORUM
The quorum of a council meeting will be one quarter of the whole number of members. During any meeting if the Mayor counts the number of members present and declares that there is not a quorum, then the meeting will adjourn immediately.
Remaining business will be considered at a time and date fixed by the Mayor. If the Mayor does not fix a date , the remaining business will be considered at the next ordinary meeting.
- GUILLOTINE
8.1Interruption of the meeting
If the business of a council meeting has not been concluded by 9.30 pm, when the member speaking has concluded their speech the Mayor will draw the attention of the meeting to the time and to this rule. If a motion is being debated the debate shall immediately be concluded as if the motion, “That the question be now put” had been moved and carried.
8.2Motions and recommendations not dealt with
Any motions or recommendations on the agenda that have not been dealt with by 9.30pm shall be deemed formally moved and seconded together with amendments notified in writing to the proper officer by 12 noon on the day of the meeting. They will be put to the meeting without any further discussion (See also rule 13.12).
8.3Recorded vote
A recorded vote under rule 15.4 will be taken if called for on matters dealt with under the guillotine.
8.4Motions which may be moved
During the process in rules 8.1 – 8.3 above the only matters which may be raised are points of order or personal explanations by members.
8.5Extension of guillotine
At the request of any member supported by fourteen other members rising in their places debate shall continue up to 10.00 pm when rule 8 shall operate.
8.6Close of the meeting
When all motions and recommendations have been dealt with, the Mayor will declare the meeting closed.
- QUESTIONS AND PETITIONS BY THE PUBLIC
9.1General
Members of the public resident in the borough or whose place of work or business is in the borough may ask questions of the Leader, cabinet members, the chair of the regulatory committee and the chair of the standards committee and present petitions at ordinary meetings of the Council.
There are two different procedures under which petitions may be presented to the Council. Namely:
(a)The simple petition scheme, for which there is no minimum required number of signatories, and
(b)The debate petitions scheme, for which a minimum of 1500 signatories is required (750 for purely local matters, affecting no more than one ward).
9.2Order of questions and petitions
Questions will be asked and simple petitions presented in the order notice of them was received, except that the Mayor may group together similar questions or petitions. Debate petitions will normally be presented after all other questions and simple petitions, in the order in which they were received.
9.3Notice of questions and petitions
A question may only be asked or a simple petitionpresented if notice has been given in writing, by electronic mail or by fax to the proper officer no later than midday two clear days before the day of the meeting. Each question must give the name of the questioner and name the member of the Council to whom it is to be put.
A debate petition may only be presented if the petition has been given to the proper officer no later than ten clear working days before the day of the meeting.
Once a petition has been correctly received, there will be no automatic right to present it to the next meeting of the Council. It shall be for the Mayor, in his absolute discretion, to determine whether or not it will be appropriate within a meeting agenda for the petition to be presented. Petitions will not normally be accepted at Annual Council, budget setting council, or the council meeting where the Corporate Plan is approved.
9.4Number of questions and petitions
At any one meeting no person may submit more than one question or petition and no more than one question may be asked or petition presented on behalf of one organisation. There shall be a maximum of five questions and five petitions (including no more than one debate petition) under this Rule at each council meeting, with priority being given to those received earliest.
Each questioner will be allowed no more than three minutes to put their question.
Each presenter of a simple petition will be allowed no more than three minutes to present their petition.
Each presenter of a debate petition will be allowed no more than five minutes to present their petition.
9.5Scope of questions and petitions
The proper officer may reject a question or petition if:
it is defamatory, frivolous or offensive;
is substantially the same as a question which has been put at a meeting of the Council in the past six months;
requires the disclosure of confidential or exempt information.
relates to an outstanding planning or licensing application
9.6Record of questions
The proper officer will keep a record open to public inspection of all questions asked and immediately upon receipt will send a copy of the question to the member to whom it is to be put.
9.7Asking the question at the meeting
The Mayor will invite the questioner to put the question to the member named in the notice. If a questioner who has submitted a written question is unable to be present, they may ask the Mayor to put the question on their behalf. The Mayor may ask the question on the questioner’s behalf, indicate that a written reply will be given or decide, in the absence of the questioner, that the question will not be dealt with.
9.8Supplementary questions
A questioner who has put a question in person may also put one supplementary question without notice to the member who has replied to his or her original question. A supplementary question must arise directly out of the original question or the reply. The Mayor may reject a supplementary question on any of the grounds in rule 9.5 above.
9.9Response to petition
9.9.1The Mayor will invite either the Leader or another member of the Cabinet or deputy to make a short response to any simple petition presented. The petition presenter will then have up to a further two minutes in which to ask a supplementary question, should they wish to do so.
9.9.2Where a debate petition is presented the petition shall be debated by the Council for up to twenty minutes, unless it is a petition asking for a senior officer to give evidence at a public meeting. The presenter of the debate petition shall not participate in the debate after presenting the petition.
9.9.3Where a debate petition is to be debated pursuant to 9.9.2 above the debate following presentation of the petition shall conclude with to a decision as to how to respond to the petition
9.10Reference of question or petition issue to the cabinet
No discussion will take place on any question or petition other than pursuant to paras 9.7, 9.8, 9.9.1, 9.9.2 and 9.9.3 above, but any member may move that a matter raised by a question or petition be referred to the cabinet. Once seconded, such a motion will be voted on without discussion.
9.11Order of questions and petitions
Questions will be asked and petitions presented in the order notice of them was received, except that the Mayor may group together similar questions or petitions.
- QUESTIONS BY MEMBERS
10.1Questions on notice at full council
A member of the council may ask subject to rule 10.2 below
the Mayor;
a cabinet member;
the chair of a standing committee; or
the council's representative on a joint authority (as defined by the Local Government Act 1985) and major outside bodies
a question on any matter in relation to which the Council or relevant authority has powers or duties or which directly or indirectly affects the borough and/or the people living in it; or on which a member considers the Mayor or the office holder or the council would wish to express a view. At extraordinary meetings a question must be of direct relevance to a substantive item on the published agenda.
Note: the relevant authorities/bodies are the Association of London Government (and subsidiary bodies including London Boroughs Grants Committee and Transport Committee for London), Environment Agency Thames Regional Flood Defence Committee, Greater London Provincial Council, Greater London Enterprise, Lee Valley Regional Park Authority, Local Government Association (and subsidiary bodies) and the West London Waste Authority.
10.2Notice of questions
A member may submit a question under rule 10.1 (specifying whether the question is an oral or written question) if either:
(a)they have given notice to the proper officer not later than 9.00 am on the day of an ordinary or extraordinary meeting of the council
(b)if in the opinion of the Mayor a matter is urgent and notice has been given to the office of the proper officer not later than 11.00 am on the day of an ordinary meeting of the council.”
10.3 Oral questions
Up to 7 questions specified as oral will be selected for debate at any Council meeting which will be selected by the proper officer in accordance with the rules relating to political balance. (3 – majority group, 3 – opposition group, 1 – second opposition group) and asked in an order to be determined by the proper officer following consultation with the party whips. Questions specified as written will receive a written reply which will be circulated to all members of the Council and the press within seven working days of the council meeting.
10.4Supplementary questions
Up to two supplementary questions arising directly out of an answer to a question put to a cabinet member or chair of a standing committee under rule 10.1 may be asked of the member to whom the question was first asked. For the first of these the original questioner shall have priority and for the second, members of political groups other than that of the original questioner shall have priority.
10.5Time allowed for oral questions
At ordinary council meetings up to 40 minutes shall be allowed for answering the 7 questions specified in 10.3 above and any supplementaries. At extraordinary meetings up to fifteen minutes shall be allowed for answering questions. The reply to a question should not exceed three minutes. The cabinet member or chair may refer a question to another office holder. In the absence of the office holder another member nominated by the office holder will answer. The political groups represented on the council will advise the proper officer of those questions they regard as a priority for oral answer. Any questions not answered in the time allowed shall receive a written reply, which will be circulated to all members of the Council and the press, within six working days.
10.6Response to questions
Every question shall be put and answered without discussion, but the person to whom a question has been put may decline to answer. An answer may take the form of:-
(c)a direct oral answer; or