COApp NAC 220518 Standing Orders (Combined Final)
North Ayrshire Council · 18 May 2022
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NORTH AYRSHIRE COUNCIL 18 May 2022 North Ayrshire Council Title: Standing Orders Relating to Meetings and Proceedings of the Council and Committees Purpose: To approve the Council’s Standing Orders relating to Meetings and Proceedings of the Council and Committee, one of the key governance documents regulating the operation of the Council, its Committees and Officers. Recommendation: That the Council agrees to approve, with immediate effect, the Standing Orders for Meetings of the Council, attached at Appendix 1. 1. Executive Summary 1.1 This report seeks approval by Council of the Standing Orders, one of the key governance documents regulating the operation of the Council, its Committees and Officers. 2. Background 2.1 Audit Scotland in their report “Roles and working Relationships – Are you Getting it Right?” stressed the importance of having governance arrangements that are fit for purpose and up-to-date. They note that such documents are critical in clarifying roles, responsibilities and expected behaviour and should be reviewed regularly. Good governance arrangements lead to sound decision-making. While the key governance documents were all fully reviewed in the lifetime of the previous Council, the opportunity has been taken to bring them up to date. Standing Orders 2.2 The Standing Orders for Meetings set out the rules for decision taking and define how a Council and its committees conduct their business democratically. While the Standing Orders inevitably try to provide for every eventuality, a summary of the core procedure is contained at Appendix E to the Standing Orders. Approval of the Standing Orders with immediate effect will mean that the new Standing Orders will apply for the remainder of the meeting.
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2.3 The main suggested revisals which have been made to the previous Standing Orders are: • Clarification of the circumstances when a special meeting of Council will be held; • Regulation of the type of business that can be considered at the last Council meeting prior to a local government election; • That Council meetings can be re-scheduled in exceptional circumstances; • Clarification of the process for removal of Members from any position held; • Inclusion of more detailed provision on the code of conduct; • Provision for the order of the agenda and transactional process for the annual budget setting meeting; • Provision for curtailment of any item of business after a period of 45 minutes has elapsed, excluding budget setting and consideration of quasi judicial matters. • Provision for a new process for consideration of questions lodged in advance of the Council Meeting including: o The time allocated on the agenda for consideration of questions lodged “question time” will be 45 minutes; o The order in which questions will appear on the agenda will be determined by drawing lots. Questions will be divided into four lots comprising Main Opposition, Second Opposition, Independent Members and the Administration with questions being drawn at random from each lot in turn until all questions have been ordered on the agenda; o At the meeting, the question may be read out verbally by the Member or taken “as read” and the response treated likewise. No preamble will be permitted and supplementary questions arising directly from the answer given to the original question may be permitted at the discretion of the Provost. The time for delivery of a supplementary question and answer will each not exceed 2 minutes. If a Member does not have the opportunity to seek a supplementary question because no time remains, they can submit it in writing to the Chief Executive by 10am on the morning immediately following the meeting who will arrange for a written answer to be provided; o In the event that time does not permit all questions on the agenda to be dealt with, the written question and answer will be included as part of the Minute and a written supplementary question of clarification will be permitted and responded to after the meeting; o No question which is the same or similar to one asked in the previous 6 months will be permitted. • Provision that amendments to motions lodged in advance of the meeting will require to be notified by 2pm on the Monday preceding the meeting and after having been checked for competency, circulated to Members in advance of the meeting; • Clarification that an amendment to a motion must be directly relevant to the motion and in effect, a counter proposal, restricting itself to similar parameters of relevance, outcomes and timescales; • Clarification on the competency of motions and questions including motions raised during pre-election periods which relate or could relate to political parties, candidates or campaign matters; • Provision that the alternative voting procedure will apply to the Local Development Committee only; • Some general rewording and formatting changes.
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3. Proposals 3.1 Council is invited to approve with immediate effect the Standing Orders for Meetings of the Council, attached at Appendix 1. 4. Implications/Socio-economic Duty Financial 4.1 Approval of the key governance documents is an essential component of the Council’s financial governance arrangements. Human Resources 4.2 None arising from the recommendations of this report. Legal 4.3 Approval of the key governance documents in an essential component of the Council’s legal and administrative arrangements. Equality/Socio-economic 4.4 None arising from the recommendations of this report. Climate Change and Carbon 4.5 None arising from the recommendations of this report. Key Priorities 4.6 Clear, transparent governance arrangements promote good decision making. In turn, this supports the achievement of the Council’s key priorities. Community Wealth Building 4.7 None arising from the recommendations of this report. 5. Consultation 5.1 There has been consultation with political Groups and Independent Members on the key governance documents. Executive Directors and relevant Officers have also been consulted as required. Craig Hatton Chief Executive For further information please contact Aileen Craig, Head of Democratic Services, on 01294 324125. Background Papers None
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Standing Orders Relating to Meetings and Proceedings of the Council and Committees Published by Committee Services North Ayrshire Council Cunninghame House, Irvine KA12 8EE Classification: Public Appendix 1
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Contents Page Part I Preliminary 1 Part II Standing Orders 2 1 First Meeting of Council after Elections 2 2 Ordinary Meetings of the Council 2 3 Special Meetings of the Council 3 4 Last Meeting of the Council prior to Election 3 5 Notice of Meetings 3 6 Provost and Depute Provost 4 7 Suspension of Members 5 8 Appointment and Removal of Members 5 9 Quorum 6 10 Order of Business 7 11 Declarations of Interest 9 12 Code of Conduct 9 13 Public Access to Meetings 10 14 Questions 10 15 Motions 13 16 Procedure Prior to Debate 14 17 Debate 15 18 Procedural Motions 16 19 Voting 17 20 Voting on Appointment of Members 18 21 Disclosure of Information 18 22 Appointment of Executive Directors 19 23 Suspension of Standing Orders 19 24 Variation and Revocation of Standing Orders 19 25 Rescinding/Revocation of Previous Decision/Resolution 20 26 Decision of Cabinet: Call In Progress 20 27 Discharge of Functions by Committees and Officers 21 28 Proceedings of Committees and Sub-Committees 22 29 Approval and Signing of Minutes 24 30 Petitions and Deputations 24 31 Ultimate Power of Control 25
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32 Definitions 26 33 Appendix A Schedule 7A: Description of Exempt Information 29 Appendix B Guidance on Deputations and Petitions 31 Appendix C Procedure on Dealing with Requests to the Council 33 from Outside Bodies to Support Resolutions and Motions Appendix D Call in Request Form 34 Appendix E Guide for Dealing with Items of Business 35
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1 North Ayrshire Council Standing Orders Relating to Meetings and proceedings of the Council and Committees Part I Preliminary 1. These Standing Orders are made under Section 62 and Paragraph 8 of Schedule 7 of the Local Government (Scotland) Act 1973. With the exception of the North Ayrshire Integration Joint Board, the Ayrshire Shared Services Committee, the Ayrshire Regional Economic Joint Committee and Sub-Committees thereof, the foregoing Standing Orders for meetings shall as far as applicable be the rules and regulations for the proceedings of Committees and Sub-Committees and therefore reference to the term ‘Council’ in the said Standing Orders should be interpreted accordingly. The North Ayrshire Integration Joint Board, the Ayrshire Shared Services Committee and Ayrshire Regional Economic Joint Committee and Sub- Committees thereof have their own Standing Orders for meetings. The term ‘Provost’ shall also be deemed to include the Chair of any Committee or Sub- Committee but only in relation to such Committees or Sub-Committees. 2. The Local Government (Scotland) Act 2003 permits the holding of and participation in remote meetings.
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2 Part II Standing Orders 1. First Meeting of the Council after Elections 1.1 The first meeting of North Ayrshire Council after an ordinary election of Councillors shall be held within twenty-one days from the date of the election. The Chief Executive will decide the date, time and venue of this first meeting. The venue may include a meeting held on a wholly remote basis by electronic means or in circumstances whereby some Members attend in person and others take part via remote means. 1.2 At the first meeting of the Council after an ordinary election of Councillors, the Returning Officer or the Chief Executive shall assume the Chair until the Provost is elected. The Council shall deal with the following business: i. To note the election of Councillors; ii. To elect the Provost of the Council; iii. To elect the Depute Provost of the Council; iv. To take the sederunt, noting which Councillors have executed the Declaration of Acceptance of Office; v. To elect the Leader of the Council; vi. To elect the Depute Leader of the Council; vii. To agree the Scheme of Administration setting out the committee structure of the Council; viii. To appoint Members to any such Committees; ix. To appoint Members of the Licensing Board; x. To appoint representatives to outside bodies; xi. To approve Constitutional Documents, including Standing Orders for Meetings; xii. To agree the Timetable of Meetings; xiii. To approve Members' Remuneration; xiv. To deal with any other business specified in the notice calling the first meeting of the Council. 2 Ordinary Meetings of the Council 2.1 Unless otherwise agreed to by Council, ordinary meetings of the Council shall be held in the Council Chamber, Cunninghame House, Irvine at 2pm on the Wednesday of the sixth week of each six-weekly cycle determined by the Council. If there is a large volume of business, or adverse weather conditions are expected, the Provost has power to change the start time to 1pm. Where it is deemed necessary, the Chief Executive, in consultation with the Provost, may also call for a meeting of the Council to take place on a wholly remote basis by electronic means or in circumstances whereby some Members attend the Council Chambers and others take part via remote means provided the technological solution permits. In circumstances where the meeting takes place on a wholly remote or “hybrid” basis the agreed protocol for holding the meeting on that basis will be adhered to. The protocols for remote and hybrid meetings are as agreed by the Chief Executive in consultation with the Provost, will be reviewed from time to time and notified to Members.
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3 2.2 No sound, film, video tape, digital or photographic recording of the proceedings of any meeting, shall be made without the prior approval of the Council, other than recording of the proceedings by the Council, either for webcasting or as a back-up for a live-webcast or as an alternative where live-webcasting is not possible. 3 Special Meetings of the Council 3.1 Special meetings of Council may be convened under the following circumstances: - i. At any time by decision of the Council ii. To consider urgent Items which cannot wait until the next scheduled meeting of the Council iii. By requisition of Members iv. To set the Council’s annual capital and revenue budgets v. To determine Planning Applications in terms of the Town and Country Planning (Scotland) Act 1997 as amended, if required vi. To consider any matter that requires to be determined at a Special Meeting of the Council in accordance with legislation 3.2 The Provost may convene a Special Meeting if it appears to him/her that there are items of urgent business to be considered. Such meetings will be held at a time, date and venue as determined by the Chief Executive. An appropriate venue may include a meeting held on a wholly remote basis by electronic means or in circumstances whereby some Members attend in person and others take part via remote means. 3.3 If the office of Provost is vacant, or if the Provost is unable to act for any reason, the Depute Provost of the Council may at any time call such a meeting. If the Offices of Provost and Depute Provost are both vacant or if neither the Provost nor the Depute Provost are able to act for any reason, the Leader of the Council, in consultation with the Leader of the Opposition may call such a meeting. In the event of these offices being vacant or otherwise unable to act, the Chief Executive may convene such a meeting. 3.4 A Special Meeting may be called by the Provost providing he/she has received a written requisition which specifies the purpose of the business proposed to be transacted at the meeting and is signed by at least nine Members of the Council. The date, time and venue of the meeting will be as determined by the Chief Executive but must be within fourteen days of receipt of the requisition. 4 Last Meeting of the Council prior to the Election 4.1 At the last meeting of Council prior to the local government election, no new business, motions or questions may be brought before the meeting. All Minutes of the previous meeting or meetings of the Council to be approved, shall be submitted for approval and signed by the Provost as a correct record. 5 Notice of Meetings and Cancellation of Meetings 5.1 Public Notification Public notification of meetings shall be given by posting a notice at the Council Offices and on the Council’s website, at least three Clear Working Days before the
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4 meeting. The notice of the meeting shall comprise: i. The date, time and place of the meeting; and ii. The list of items of business to be transacted. Except in the case of business which is legally required to be transacted at a meeting of Council or any other business brought before the meeting as a matter of urgency in accordance with these standing orders, no business shall be transacted at a meeting of the Council other than that specified in the notice of meeting. Notice to Councillors 5.2 Notice of meetings shall be given by the Chief Executive to all Councillors in accordance with the provisions of the 1973 Act as amended, by posting, delivering or sending by electronic means the following: i. The date, time and place of the meeting; and ii. The list of items of business to be transacted. 5.3 The validity of any meeting of the Council shall not be affected by the failure of any Member to receive notice of a meeting. Cancellation of Meetings 5.4 The Chief Executive may cancel any scheduled meeting for exceptional reasons (for example severe weather conditions) as are thought to be appropriate in consultation with the Provost, Leader of the Council and Leader of the Opposition. Cancellation will be intimated as soon as possible by email to Councillors and on the Council’s website and the meeting will be re-scheduled. 6 Provost and Depute Provost Election and Terms of Office 6.1 The Council will elect a Convener and Depute Convener from its Membership, to be known as ‘Provost’ and ‘Depute Provost’ respectively. 6.2 The terms of office of the Provost and Depute Provost shall, subject to paragraph 6.5, be the term of office of the Council, or, in the case of a person appointed to fill a casual vacancy, the remainder of that term. 6.3 A person holding the office of Provost or Depute Provost shall be eligible for re- election but shall cease to hold the office upon ceasing to be a Councillor. 6.4 On a casual vacancy arising in the offices of Provost or Depute Provost, an election to fill the vacancy shall be held as soon as practicable at a meeting of the Council. The notice for the meeting shall specify the filling of the vacancy as an item of business. 6.5 The appointment of Provost and Depute Provost will be for the term or remainder of the term of office of the Council unless provided otherwise by statute or by motion approved by Council to remove the Provost/Depute Provost. A motion to remove the Provost or
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5 Depute Provost will be intimated in writing in accordance with these Standing Orders. Such motion requires to be approved by two thirds of the Members present and voting at the Council meeting in order to be carried. The Council may proceed immediately to fill any resultant vacancies. Duties and Powers of Provost/Depute Provost 6.6 At a meeting of the Council, the Provost or in his/her absence the Depute Provost, whom failing such other Member as the meeting may decide, shall preside, whether in person or through remote access. 6.7 Respect will at all times be paid to the authority of the Provost or the Depute Provost, or such other Member presiding, when chairing any meeting of the Council. 6.8 It shall be the duty of the Provost to: i. Preserve order and ensure fairness in debate; ii. Decide all matters of order, competency and relevancy; iii. Ensure that Standing Orders are observed; iv. Determine any questions of procedure for which no express provision has been made in these Standing Orders; v. Maintain order and at his/her discretion, order the exclusion of any member of the public who is deemed to have caused disorder or misbehaved; vi. Adjourn a meeting in the event of disorder arising to a time, which the Provost may then or afterwards, fix (the quitting of the Chair by the Provost shall be the signal that the meeting is adjourned). In the event the Provost quits the Chair without disorder having arisen, the meeting shall not be adjourned and the Depute Provost or in his/her absence another Member of the Council chosen by those Members present shall assume the Chair; and vii. Decide whether to have a recess during a meeting. 6.9 The decision of the Provost on all matters within his/her powers shall be final and shall not be open to question or discussion. 7 Suspension of Members 7.1 In the event of any Member disregarding the authority of the Provost or obstructing the meeting or conducting him/herself offensively, acting disrespectfully or in contravention of Standing Order 12.1 and the Provost calling the attention to the same, the Council may, on the motion of any Member, duly seconded and supported by the vote of a majority of the Members present and voting, suspend such Member for the remainder of the sitting. No debate will be allowed on such a motion. The Member concerned shall forthwith leave the Council Chamber, meeting place or remote meeting platform. The Provost may be entitled to call for such assistance as he/she deems necessary to enforce a decision to suspend any such Member taken in terms of these Standing Orders. 8 Appointment and Removal of Members 8.1 The appointment of Members to any Committee, Joint Committee, Joint Board or outside body will be for the term or remainder of the term of office of the Council unless provided
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6 otherwise by statute or by motion approved by Council to remove the Member from the Committee etc. 8.2 A motion to remove the Chair or Vice-Chair of a Committee requires to be intimated in writing in accordance with these Standing Orders and include a proposal for replacement to that office from the complement of the existing Members of the Committee. 8.3 A motion to remove an ordinary Member of Committee requires to be intimated in writing in accordance with these Standing The Council may proceed immediately to fill any resultant vacancy subject to the terms of Standing Orders 8.4 and 8.5 Notification of any vacancy filled in accordance with Standing Order 8.5 will be reported to the next available Council meeting for noting. 8.4 Wherever possible, Officers will give 10 Clear Working Days’ notice of a vacancy, on any Committee, Joint Committees, Joint Board or outside body, the filling of which is to be considered at a subsequent Council meeting. Providing Members are given 10 Clear Working Days’ notice, no nomination shall be considered for any such post unless (a) the nomination has been intimated in writing and delivered, or e- mailed to the Chief Executive not later than 2:00 p.m. on the Wednesday of the week preceding the meeting and (b) the consent of the person nominated is given at the time of nomination. Where less than 10 days’ notice is provided, no nomination will be considered unless it has been intimated in the same manner by 12noon on the day of the meeting. 8.5 Where any appointed or nominated Member is a member of a political group within the Council, then where such member is on Family Leave or resigns from a Committee or the Integration Joint Board, any replacement may be nominated by the political group notifying the Chief Executive. At least 10 Clear Working Days’ notice is required before the change is implemented. Any replacement must be nominated by the relevant political group within 12 weeks of the vacancy or resignation occurring failing which, the vacancy will fall to be filled in accordance with the procedure set out in Standing Order 8.4 8.6 Subject to the provisions of Section 35 of the 1973 Act, if a Member fails throughout a period of six consecutive months to attend any meeting of the Council, Committee, Joint Committee or Joint Board to which any function of the Council has been delegated, or to attend as a representative of the authority at a meeting of any body of person, she/she shall, unless the failure to attend was due to some reason approved by Council cease to be a Member of North Ayrshire Council. A Member who has properly notified the Council, by intimating in writing to the Chief Executive that they are on Family Leave, will be deemed to have a reason approved by Council for non attendance at Council and its Committees. 9 Quorum 9.1 Subject to the provisions of the 1973 Act, no business will be transacted at a meeting of the Council unless nine Members are present. For the avoidance of doubt, the definition of present’ shall include the participation of Members via a remote meeting platform. 9.2 If at a time ten minutes after the appointed commencement for the meeting a quorum is not present the meeting will stand adjourned. If at any time after a meeting has commenced a quorum of Members is not present the Provost or in his/her absence, the Depute Provost of the Council shall adjourn the meeting and any business not considered will be postponed to and considered at the next meeting.
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7 9.3 The quorum of other Committees and Sub-Committees of the Council will be dealt with in the Scheme of Administration. However, where no specific reference is made to a quorum, it will be one quarter of the membership of the Committee or Sub- Committee, subject to a minimum requirement of two Members. 9.4 If the Provost and the Depute Provost are absent from a Council meeting and the Council fails to elect another Member to chair that meeting, the meeting will not be convened. 10 Order of Business 10.1 At all meetings of the Council other than the meeting held in accordance with Standing Order 1.2 above or a Special Meeting to set the budget, the order of business shall be: i. The Chair shall be taken in accordance with these Standing Orders; ii. The sederunt shall be taken; iii. Any apologies shall be tendered; iv. Any Declaration of Interest shall be tendered; v. Declaration of whether a Party Whip has been applied to any item; vi. Approval of the accuracy of Minutes of Council Meetings. There shall be no discussion of the minutes, except upon their accuracy and any question on their accuracy shall be raised by amendment to the motion to approve in accordance with Standing Order 29.3; vii. Provost’s report viii. Leader’s report; ix. Minutes of meetings of Committees of the Council- submission for noting, and for approval of any recommendations; x. Minutes of the Community Planning Partnership Board - submission for noting; xi. Requests to recognise the work of individuals or groups within North Ayrshire xii. Presentations xiii. Business expressly required by statute to be done at the meeting; xiv. Business (if any) remaining from the last meeting; xv. Any items from the Cabinet referred for determination; xvi. Any items referred by any of its Committees for determination by the Council; Appointment to Committees, Joint Committees, Joint Boards or outside bodies Any business as per the agenda Questions; Motions. 10.2 Items 10.1 vii, viii, xi, xv, xvi, xvii, xix and xx shall be business for Council meetings only, not for any Committee. 10.3 At meetings to consider the setting of the Council’s annual revenue or capital budgets, the order and conduct of business shall be as follows: i. The Chair shall be taken in accordance with these Standing Orders; ii. The sederunt shall be taken; iii. Any apologies shall be tendered; iv. Any Declaration of Interest shall be tendered; Declaration of whether a Party Whip has been applied to any item; v. Budget business on the agenda shall be transacted in the following manner. a) The Officer will speak to the budget report;
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8 b) Members will be entitled to ask questions of the Officer on the content of the report. c) The Administration propose the motion, being the Administration’s budget and Council Tax for the year; d) The main Opposition group (based on the largest opposition party in terms of numbers of councillors elected) will have the opportunity to propose any Amendment; e) The second Opposition group (based on numbers of councillors elected) will have the opportunity to propose any Amendment; f) Independent Members (if a formal group is formed) will have the opportunity to propose any Amendment; g) Any other Members (from individual parties or independent councillors) will have the opportunity to propose any Amendment on the basis of the order of intimating that intent to the Provost; h) Questions of clarification to those moving a motion or amendment or to officers about the report will be taken; i) If there is no amendment, the motion will be carried; j) If there is an amendment, and prior to going into debate, the Provost will call a recess; k) After recess the Provost will check if there are any changes to the Administration motion and the amendments, or whether there are any further amendments. To avoid confusion, motions and amendments retain their original order, namely Administration Motion, Opposition amendment, Second Opposition amendment, Independent amendment and other amendments; l) Questions of clarification on any amended motions or amendments will be permitted; m) Debate; n) Summing Up; o) Vote (s). 10.4 No item will be removed from the agenda unless with the agreement of all Members present. 10.5 The Provost at any meetings of the Council may alter the order of business to facilitate the conduct of the meeting. 10.6 A period of 45 minutes (excluding any period of recess) will be permitted to consider individual agenda items, excluding the budget and quasi-judicial items including time for any questions to officers, proposing and seconding motions and amendments, debate and summing up unless the Provost at his or her sole discretion determines otherwise and allows a longer period for consideration. 10.7 Subject to the right of any Member to move to close the debate earlier in accordance with Standing Order 16.2, the Provost may call for a vote on the agenda item, after 45 minutes has elapsed, subject to the right of the mover of any motion or amendment(s) to sum up prior to the matter being put to the vote. Urgent Items 10.8 At all ordinary, special and statutory meetings of the Council, no business other than that on the agenda shall be discussed in terms of Section 50B of the 1973 Act except
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9 where by reason of special circumstances which shall be specified in the Minutes, the Provost is of the opinion that the item should be considered at the meeting as a matter of urgency. The test for urgency is whether the matter could wait to a subsequent meeting. Any request for urgent business must be intimated to the Provost two hours prior to the meeting. The Provost will advise Council of the terms of the request and advise whether the item is to be considered, and if so, at what stage during the meeting. Declaration of Party Whip 10.9 When a Party Group represented on the Council has applied the party whip binding party Members to adhere to their decision on an item of business before the Council, a declaration to this effect must be made by the Leader or Depute Leader of that Party, whom failing a Member of that party at the commencement of the meeting. Provost and Leader’s reports 10.10 The reports by the Provost and Leader shall be heard by the Council as matters of information and shall not be subject to questions, debate or motions. 11 Declarations of Interest 11.1 If any Member of the Council has a financial or non-financial interest in any contract or any other matter as defined by section 5 of the Code of Conduct for Councillors and is present at any meeting at which the matter is to be considered, he/she must, as soon as practical, after the meeting starts, disclose that he/she has an interest and the nature of that interest. The Member must leave the meeting or remote meeting platform (as applicable) unless the interest is covered by one of the exclusions in the Councillors’ Code of Conduct or is so remote or insignificant that a member of the public, knowing all the relevant facts, would reasonably regard the interest as so insignificant that it would be unlikely to prejudice the Councillor’s discussion or decision making. 11.2 Where a Member declares an interest and leaves the meeting or remote meeting platform (as applicable) the facts will be recorded in the minutes of the meeting. 12 Code of Conduct 12.1 All Members of the Council are accountable for their own individual conduct and must observe the Code of Conduct for Councillors and any guidance issued by the Standards Commission for Scotland, the law and the terms of the Council’s Standing Orders. In addition to the forgoing generality, the following standards of behaviour at meetings of the Council and its Committees must be observed: 12.2 Members must respect and behave courteously towards to the Provost, Member colleagues, Council employees and any members of the public present at meetings or other formal proceedings of the Council. 12.3 Members shall conduct themselves in an orderly, courteous and respectful manner and comply with the rulings of the Provost and otherwise respect the authority of the Provost. This includes rulings on the proper and timely conduct of meetings, the acceptability of conduct and language used, and the fairness and sufficiency of the debate. When the Provost speaks, any Member who is addressing the meeting will stop speaking immediately. No Members will speak until the Provost has finished speaking.
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10 12.4 When a Member is addressing the meeting, other Members shall not converse or otherwise behave in a manner which is disruptive to the Member speaking or to the meeting. Abusive or offensive language shall not be acceptable and Councillors shall have regard at all times to the requirements of the equalities legislation. Members must wait to be invited by the Provost to speak at any meeting. 12.5 All phones should be switched off or on silent and Members should not correspond, whether by email, text, social media or any other electronic means with any other Member or other person during a Council meeting. Research through the internet is permitted providing it is done in a manner which respects the authority of the Provost and does not interfere with the business of the meeting. Such restrictions shall not preclude participation in a meeting which takes place over a remote meeting platform. 13 Public Access to Meetings 13.1 Every meeting of the Council shall be open to the press and public to the extent that they are not excluded under the provisions of Sections 50A (2) and (4) of the 1973 Act. 13.2 The Council may by resolution at any meeting exclude the press and public therefrom during consideration of an item of business where it is likely in view of the nature of the business to be transacted or of the nature of the proceedings that if Members of the press and public were present there would be a disclosure to them of exempt information as defined in Schedule 7(A) of the 1973 Act or it is likely that confidential information would be disclosed in breach of an obligation of confidence. The categories of exemption, which may apply under Schedule 7(A) of the 1973 Act, are set out in Appendix A. 13.3 These provisions shall be without prejudice to the Provost’s powers of exclusion in order to suppress or prevent disorderly conduct or other misbehaviour at a meeting as detailed in Standing Order 6.8 hereof. 14 Questions Questions submitted in advance of a meeting 14.1 Any Member may ask a question at any meeting of the Council concerning any relevant and competent business not arising upon the agenda provided the terms of the question have been intimated in writing and delivered or e-mailed to the Chief Executive not later than 2.00 p.m. on the Monday of the week preceding the meeting. The question as tabled should not include supplementary or contextual text. With the exception of questions to which a political response is sought, written responses to the questions tabled will be issued immediately prior to the meeting and uploaded to the Council’s website. Political responses to questions will be uploaded after the meeting. 14.2 The agenda of the Council meeting will allow a period of 45 minutes (excluding any period of recess) to consider and respond to questions submitted by Members in advance of the meeting unless the Provost at his or her sole discretion determines otherwise and allows a longer period for consideration. In the event that all questions tabled are not transacted within the allocated time, the questions as tabled and written answers as intimated immediately prior to the commencement of the meeting will be included in the Minute of the Meeting. In respect of political questions tabled and not
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11 answered orally during the allotted time period, a written response, as approved by the Provost in consultation with the Chief Executive and Solicitor to the Council for legal purposes, will be provided and included in the Minute of the meeting. 14.3 The Provost in consultation with the Chief Executive and Head of Democratic Services will determine the order in which questions so submitted are placed on the agenda by drawing questions received from lots to ensure equity of approach. The process for selecting the order of questions for the agenda is as follows: • Questions received are divided into lots:, o Lot one - main Opposition; o Lot two - second Opposition, o Lot three- Independent Members and Opposition Parties with fewer than 2 members and o Lot four - the Administration; • A Member asking more than one question will have the first question submitted included in the appropriate lot for selection; • Questions will be drawn at random from each lot (starting from Lot one) in rotation until all questions have been ordered on the agenda; • Thereafter, where a Member(s) has submitted more than one question, the next question (from the order submitted or by order of preference indicated by the Member), will be included in the appropriate lot to be drawn at random from each lot in rotation; • The process proceeds until all questions have been allocated to the agenda; 14.4 The Member asking the question at the Council meeting may read out the question tabled. No preamble shall be permitted. The time for delivery of each question tabled to Council for response shall not exceed 2 minutes. Responses to questions should also be delivered within 2 minutes but may also be taken “as read” in the event that the Member asking the question so agrees. The Provost may at his or her discretion allow a supplementary question arising directly from the answer given to the original question. The time for delivery of a supplementary question and answer will each not exceed 2 minutes. If a Member does not have the opportunity to seek a supplementary question because no time remains, they can submit it in writing to the Chief Executive by 10am on the morning immediately following the meeting who will arrange for a written answer to be provided 14.5 No discussion or resultant motions at the meeting to which the question is put shall be competent on any questions so intimated or answers given. 14.6 Such questions may be directed to the Leader of the Council, any Cabinet Member, The Chair of any Committee, the Leaders of the Opposition or Council representatives on Outside Bodies. Such questions must relate to the functions of such office holder or member. Competency of Questions 14.7 A question shall not be deemed competent for inclusion on the agenda if, in the opinion of the Solicitor to the Council the question is: • Likely to be illegal, defamatory or in breach of Data Protection principles;
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12 • Contrary to Standing Orders; • The same or similar to a question asked at Council in the previous 6 months; • Similar in terms to a question that has already been submitted to the same meeting by another Member; • Received during pre-election periods and relates or could relate to political parties, candidate(s) or campaign matters in the election or referendum concerned. In such circumstances or if the notice of question gives rise to other concern in terms of competency, the Solicitor to the Council shall immediately submit such notice of question to the Provost and it shall not be accepted and placed on the agenda without his/her sanction. In the event of non-acceptance, the Solicitor to the Council shall so inform the Member who submitted the notice of question who will accept the decision of the Provost as final. Questions relating to items of business on an Agenda 14.8 As Members have the opportunity to submit Congratulatory Motions in terms of Standing Order 15.3, it shall not be competent to ask a question which seeks to congratulate, commend or recognise any individual or group in relation to their achievements or activities in North Ayrshire. 14.9 Except when in debate any Member may ask a question at any meeting of the Council concerning any item of business arising upon the agenda. Such questions must be relevant to the item of business under consideration and must be directed to any senior officer seeking clarification of the terms of a report or to the mover or seconder of any motion or amendment seeking clarity of their motion or amendment. 14.10 Except on a point of order or with the agreement of the Provost it shall not be competent for any Member to ask a question once Council is in debate. 14.11 In relation to both a question submitted in advance of a meeting and a question relating to an item on the agenda, the person answering must ensure there is a reasonable factual basis for any statement of fact made in their response. Questions of Order 14.12 A Question of Order shall relate only to an alleged breach of a Standing Order. Any Member indicating a desire to raise a question of order shall state at the outset the number or terms of the Standing Order considered to be infringed and the way in which the Member raising it considers that it has been broken. When a Question of Order is raised, the Member then addressing the meeting will stop until the determination of the Question of Order. No Member other than the Member who raised the Question of Order will speak to that question, except with the permission of the Provost. 14.13 The decision of the Provost on a Question of Order will be final. No debate on a point of order is permitted. After a Question of Order is decided, the Member who was addressing the meeting at the time when it was raised will be entitled to proceed with the discussion, giving effect to the Provost’s ruling.
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13 15 Motions Notices of Motion or Amendment 15.1 No Member shall be entitled to propose a motion other than one directly arising out of an item of business on the agenda of the meeting unless the proposer and seconder have delivered or e-mailed notice of the terms of the motion to the Chief Executive not later than 2.00 p.m., on the Monday of the week preceding the meeting. It will be competent for any Member of the Council to move a motion of which the requisite notice has been given. 15.2 Except as otherwise provided in these standing orders, it shall also be competent for any Member to propose a motion or amendment relating to any item of business on the agenda of a meeting, providing such motion or amendment is directly relevant to the item under consideration. For amendments proposed in relation to motions lodged under Standing Order 15.1, notice of amendment from the proposer and seconder must be emailed to the Chief Executive not later than 2pm on the Monday prior to the Council meeting and after having been checked for competency, will be circulated to Members in advance of the meeting. For meetings of North Ayrshire Council only, such motion or amendment shall be displayed at the meeting. 15.3 Any motion or request signed by at least two Members which seeks to congratulate, commend or recognise any individual or group in relation to their achievement or activities within North Ayrshire shall be included in the agenda item detailed in Standing Order 10.1 (xi). That item will simply detail the name of the person or group to be recognised and the reason for the recognition. In the absence of any dissent, the agenda item will be treated as approved. If there is any dissent as regards and particular individual or group, the matter shall proceed to a vote, without any questions or debate. 15.4 A notice of motion or amendment shall not be deemed competent for inclusion or consideration on the agenda if, in the opinion of the Solicitor to the Council the motion or amendment is: • Likely to be illegal, defamatory or in breach of Data Protection principles; • Likely to give rise to a contravention by the Council of any enactment or rule of law or of any code of practice made or approved by or under any enactment; • Contrary to Standing Orders; • The same or similar to a motion determined at Council in the previous 6 months; • Similar in terms to a motion that has already been submitted to the same meeting by another Member; • Likely to incur expenditure, the source of which has not been identified; • Likely to result in a reduction of income, the compensatory source for the income lost not having been identified; • Proposing use of the Council’s reserves as a source of funding for the purpose of the motion or amendment without the prior advice and agreement of the Chief Financial Officer having been obtained; • Required to be assessed for equalities impact; • Imprecise as to outcome; • Received during pre-election periods and relates or could relate to political
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14 parties, candidate(s) or campaign matters in the election or referendum concerned. In such circumstances or if the notice of motion or amendment gives rise to other concern in terms of competency, the Solicitor to the Council shall immediately submit such notice to the Provost and it shall not be accepted, placed or considered on the agenda or at the meeting without his/her sanction. In the event of non acceptance, the Solicitor to the Council shall so inform the Member who submitted the notice of motion or amendment who will accept the decision of the Provost as final. Motions arising from Outside Bodies 15.5 In the event of the Chief Executive or the Leader of the Council receiving a request for support of a motion or resolution passed by another local authority or other public body, the procedure set out in Appendix C to these Standing Orders shall apply. The procedures for Motions as provided for in Standing Order 15.1 shall apply equally in such circumstances. Time for Consideration of Motions 15.6 The time to deal with each motion including time for any questions, proposing and seconding motions and amendments, debate and summing up, (but excluding any period of recess) shall be no longer than 45 minutes unless the Provost at his or her sole discretion determines otherwise and allows a longer period for consideration. Subject to the right of any Member to move to close the debate earlier in accordance with Standing Order 18.2, the Provost may call for a vote on a motion, after 45 minutes have elapsed, subject to the right of the mover of any motion or amendment(s) to sum up prior to the matter being put to the vote. 16 Procedure Prior to Debate 16.1 In relation to items of business on the agenda, the Provost will ask the Council Administration if they wish to propose a motion (except in relation to 10.1 (xx) Motions, when the proposer of the motion shall be given the first opportunity to propose the motion, which failing, any Member may propose the motion). If a member of the Council Administration does not propose a motion, any Member may propose a motion. Any such motion must be immediately seconded. Thereafter the Provost will seek any amendments, which should also be seconded. The proposer and seconder of any motion or amendment may speak to their motion or amendment for up to 5 minutes when proposing it, otherwise shall be allowed to speak to it during debate. Where the motion or amendment relates to the annual setting of the General Fund or Housing Revenue Account revenue or capital budget or level of Council Tax or housing rent, the proposer and seconder of any motion or amendment will not speak for any more than 10 minutes when proposing it, except with the consent of the Provost, otherwise shall be allowed to speak to it during debate. 16.2 All motions and amendments must be directly relevant to the report to which they refer. Any amendment to a motion lodged in accordance with Standing Order 15.1 shall be a counter proposal to the respective motion and restrict itself to the same parameters of relevance, outcomes and timescales.
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15 The Provost shall have the authority to rule out of order: • any motion or amendment which he/she may consider irrelevant; • any motion which is substantially the same as a previous motion on the agenda; • any amendment which is substantially the same as the motion or another amendment; • any amendment which is in the opinion of the Provost insufficiently linked to the business/motion under consideration and falls outwith the appropriate parameters of relevance which the Provost shall at his or her sole discretion determine. 16.3 A Member who has moved an amendment but failed to find a seconder may if he/she so requests have his/her dissent to a decision recorded in the minutes. Such a request may also be made by any Member whether or not he/she has moved a motion or amendment. 16.4 For meetings of North Ayrshire Council only, any motion or amendment shall be displayed at the meeting. Notwithstanding this, the terms of such motion or amendment require to be repeated or referred to by the Member moving such. 16.5 A motion or amendment once moved and seconded shall not be altered nor withdrawn without the consent of the mover and seconder. Once in debate the consent of Council will be required to the alteration or withdrawal of any motion or amendment. If the motion is withdrawn, the first amendment which is not the direct negative becomes the motion. 16.6 No Member shall move or second more than one motion or amendment upon a particular issue although a Member who has moved or seconded a motion or amendment shall not be precluded from moving or seconding a fresh amendment if he or she fails to find a seconder for their motion or if the original motion or amendment is withdrawn. 16.7 As detailed in Standing Order 14.9, prior to debate any Member may ask a question at any meeting of the Council concerning any item of business arising upon the agenda. Such questions must be directly relevant to the item of business under consideration and must be directed to any senior officer seeking clarification of the terms of a report or to the mover or seconder of any motion or amendment seeking clarity of their motion or amendment. A Member may also ask the mover and seconder of the motion or amendment if they are prepared to amend or alter their motion or amendment to achieve consensus. 17 Debate 17.1 There shall be no debate unless there is a motion and amendment both of which are seconded. 17.2 When the Provost is satisfied that there are no more motions, amendments or questions to be raised he or she will state that Council is in debate. 17.3 Once in debate, no other motion or amendment will be moved except in the following circumstances:- • to suspend a Member in terms of Standing Order 7; • to adjourn the debate in terms of Standing Order 6.8 or 18.1; or
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16 • to close the debate in terms of Standing Order 18.2 17.4 Once in debate, no question will be asked except in the following circumstances: • a question of order in terms of Standing Order 14.12; • with the agreement of the Provost 17.5 The mover of a motion or an amendment will not speak for more than five minutes, except with the consent of the Provost. Each succeeding speaker will not speak for more than five minutes. When the Member has spoken for the allotted time, he/she will be obliged to finish speaking, otherwise the Provost will direct the Member to cease speaking. Where the item under discussion is the annual setting of the General Fund or Housing Revenue Account revenue or capital budget or level of Council Tax or housing rent, the proposer and seconder of any motion or amendment will not speak for any more than 10 minutes, except with the consent of the Provost. 17.6 Every Member of the Council who speaks at any meeting of the Council will address the Provost and direct his/her speech to the subject matter of the item of business. 17.7 Subject to the right of the mover of a motion, and the mover of an amendment, to reply, no Member will speak more than once on the same item of business at any meeting of the Council, except: - • on a question of order; • with the permission of the Provost • and in either of these cases no new matter will be introduced. 17.8 Summing-up: - The mover of an amendment and thereafter the mover of the original motion will have a right of reply for a period of not more than 5 minutes. He/she will introduce no new matter and once a reply is commenced, no other Member will speak on the subject of debate. Once these movers have replied, the discussion will be held closed and the Provost will call for the vote to be taken. 17.9 Officers present at the meeting, with the exception of the Chief Executive, the Solicitor to the Council, the Chief Financial Officer and the Chief Social Work Officer will not be allowed to address the Council once the Council is in debate, except: - • where the Officer has been asked a direct question by the Provost; • where a question of legal or financial propriety or Best Value requires to be addressed or clarified; • where the Officer is asked to address an issue for clarification by the Provost; and where the Provost decides that the Officer’s advice is required. 17.10 It should be noted that Officers should be treated in accordance with the Protocol for Member/Officer relations and the provisions of the Code of Conduct for Councillors. 18 Procedural Motions 18.1 Any Member of the Council may, at the conclusion of any speech move that the Council adjourns and such motion will have precedence over all other motions. Such a motion
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17 must be seconded but need not be reduced to writing. It will be moved and seconded without discussion and will immediately be put to the meeting. When an adjourned meeting is resumed, subject to Standing Order 10 it will commence at the point at which it was broken off at the adjournment. 18.2 It will be competent for any Member who has not already spoken in a debate to move the closure of such debate. On such motion being seconded, the vote will be taken, and if a majority of the Members present vote for the motion, the debate will be closed. However, closure is subject to the right of the mover of the motion and of the amendment(s) to reply. Thereafter, a vote will be taken immediately on the subject of the debate. 19 Voting 19.1 All business of the Council will be decided by a majority vote of those Members present and voting, except in those circumstances where these Standing Orders specify that a two-thirds majority is required in terms of Standing Orders 6.5, 19.5, 23.1 and 25.1. 19.2 When a motion and two or more amendments to it are before a meeting and any one of the proposals, in the opinion of the Provost, implies negation, the vote shall be taken on the proposal involving negation as soon the debate is completed and before the vote, if any, on the remaining proposals is taken. The proposal involving negation shall be put to the meeting in the form of “proceed” or “not proceed”. If “not proceed” is carried by majority of votes, the remaining proposals shall drop, but if “proceed” is carried a vote shall be taken between the remaining proposals as hereinafter provided. 19.3 Where a motion and one amendment only are before the meeting these will be voted on together, but if there are more amendments than one, the amendment first proposed will be put against the motion. The winner will then be put against the second amendment, and so on. 19.4 If a Member wishes his/her abstention to be recorded in the minutes, he/she must immediately declare so to the meeting when the vote has been taken. 19.5 For the Local Development Plan Committee only, where there is more than one amendment, and two thirds of the members present and voting so decide, the following alternative procedure to that detailed in Standing Order 19.3 hereof may be adopted:- if there are more amendments than one, the amendments will each be the subject of a separate debate, vote and determination, starting with the first amendment. If the first amendment is agreed, the substantive motion will be altered to give effect to the wording of that amendment before debate, vote and determination of the second amendment and so on. Once the debate on the first amendment commences, no new motion or amendment shall be lodged, except in the circumstances set out in Standing Order 16.3. Except as required to give effect to this paragraph, all remaining provisions of Standing Orders shall remain in full force and effect. Casting Vote 19.6 In the case of an equality of votes, the Provost or Depute Provost if presiding, or in the absence of the Provost/Depute Provost, such other Member presiding, shall have a
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18 second or casting vote except where the matter which is the subject of the vote relates to the appointment of a Member to any particular office or Committee, in which case the decision shall be by lot. Roll Call Votes 19.7 Voting shall normally be by a show of hands but at the Council Meeting which is held in person, , if not less than six of the Members present so request, the name of each Member voting or declining to vote shall be recorded in the minute by the Chief Executive by calling the roll of the Members. In relation to Committees held in person, no less than three Members will be required to request a roll call vote. Where the meeting is being held via a remote meeting platform, and unless Council agrees to use an electronic voting System which transparently displays how individual Members have voted, all voting shall be by roll call vote. Voting by Ballot 19.8 If the Council so decides, voting shall be by ballot, which shall be undertaken by the Chief Executive to ensure the secrecy of the vote. A decision to proceed by ballot shall require a majority of those Members present and voting before the ballot may be undertaken. Where the meeting is being held via a remote meeting platform, unless there an agreed electronic voting system is in use which allows for a secret ballot, such a ballot may not be feasible, and voting shall instead be by roll call vote. 20 Voting on Appointment of Members 20.1 In the case of an appointment where only one vacancy requires to be filled and there are two or more candidates, a vote shall be taken between the candidates and the one receiving the most votes shall be declared duly appointed. In the event of an equality of votes, the candidate selected in a cut of cards as having the highest value card (ace high) shall be declared duly appointed. 20.2 In the case of appointments where more than one vacancy requires to be filled and the number of candidates nominated exceeds the number of vacancies, voting shall take place. Each Member shall be entitled to vote for one candidate for each vacancy and the candidates receiving the highest number of votes shall be appointed to the number of vacancies to be filled. In the event of an equality of votes the candidate selected in a cut of cards as having the highest value card (ace high) shall be declared duly appointed. 21 Disclosure of Information 21.1 Information, whether contained in a document or otherwise, which is confidential information within the meaning of Section 50A of the 1973 Act, shall not be disclosed to any person by any Member or Officer. 21.2 The full or any part of a document marked "not for publication by virtue of the appropriate paragraph of Part 1 of Schedule 7A to the Local Government (Scotland) Act 1973" shall not be disclosed to any person unless or until the document has been made available to the public or the press under Section 50B of the 1973 Act. 21.3 Any information regarding proceedings of the Council from which the public may have been excluded shall not be disclosed to any person unless or until disclosure has been
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19 authorised by the Council or the information has been made available to the press or to the public under Section 50B of the 1973 Act. 21.4 Without prejudice to the foregoing no Member shall use or disclose to any person any confidential and/or exempt information coming to his/her knowledge by virtue of his/her office as a Member where such disclosure would be to the advantage of the Member or of anyone known to him/her or which would be to the disadvantage of the Council. 22 Appointment of Executive Directors 22.1 The appointment of any permanent Chief Officer of the Council shall be undertaken by the Staffing and Recruitment Committee or any other such panel of Elected Members. All appointments made below Chief Officer level shall be made by the relevant Chief Officers in consultation with the Chief Executive. 23 Suspension of Standing Orders 23.1 Any one or more of the Standing Orders in any case of urgency as determined by the Provost upon a motion made, may be suspended at any meeting provided that two thirds of the Members of the Council present and voting shall so decide. It shall not be competent for the Council to suspend any Standing Order which gives effect to any provision of Schedule 7 to the Local Government (Scotland) Act 1973 or any other statutory provision. (This covers the arrangements for meetings and proceedings of Local Authorities). Any Member competently moving the suspension of Standing Orders shall be entitled to speak for a period of not more than five minutes and shall confine his/her remarks to the reasons for the proposed suspension. The seconder of any such motion shall not speak other than to formally second the motion (no other Member shall be entitled to speak to the motion or to the amendment). 23.2 If any amendment is made against suspension of Standing Orders the mover of any such amendment shall again be entitled to speak for not more than five minutes and shall similarly confine his/her remarks to the reasons against suspension. The seconder of an amendment shall not speak other than to formally second the amendment. There will be no discussion on the motion or the amendment and the motion to suspend standing orders or not will immediately be put to the vote. 24 Variation and Revocation of Standing Orders 24.1 It shall not be competent at any meeting of the Council to revoke or vary any of the Standing Orders except: i. Upon a resolution to that effect at an Ordinary meeting of Council following a notice given at a previous Ordinary Meeting of the Council; or ii. Upon the Chief Executive submitting to any meeting of the Council a report on any new Standing Order or alteration of any existing Standing Order which appears to be required in consequence of any decision regarding the conduct of business which has been taken by the Council
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20 or which is otherwise required for the good governance of the Council. 24.2 Any motion to revoke or vary these Standing Orders will, when voted on, be approved by a majority of the Members present and voting. 24.3 In the case of a pandemic or other public health emergency where Council is unable to meet, and in consultation with the Leader of the Council, and the Leader of all Groups, an Independent Member nominated by the Independent Members, and the Monitoring Officer, and if required to enable effective decision making or otherwise in relation to the emergency, the Chief Executive has power to amend these Standing Orders. 25 Rescinding/Revocation of Previous Decision/Resolution 25.1 Except where required by statute, no Decision of Council may be reconsidered and no item of business reconsidered which is the same or substantially the same as one previously determined by the Council within six months of the date of the making of the previous decision or determination, except where:- i. Two thirds of the Members for the time being present and voting agree to suspend Standing Orders in accordance with Standing Order 23 above; or ii. In the opinion of the Solicitor to the Council not doing so would, result in a decision which is likely to give rise to a contravention by the Council of any enactment or rule of law or of any code of practice made by or approved by or under any enactment. iii. The original Council Decision cannot be implemented due to reasons outwith the control of the Council; or iv. Where, as a matter of urgency, having regard to the potential loss of life, risk of substantial economic loss to the Council or any third party, (including potential loss or material underutilisation of funds or resources not available at the time of the Decision of Council), it is deemed by the Chief Executive that the matter ought to be reconsidered by the Council. This Standing Order does not limit the discretionary power of the Council as planning authority to decline to determine repeat planning applications. 26 Decisions of Cabinet: Call-In Process 26.1 Minutes of the Cabinet will be sent to all Members of the Council by the end of the Working Day following the meeting, or as soon as practicable thereafter. No action will be taken to implement decisions until the expiry of four further Clear Working Days following the issue of the Minutes. Decisions can then be acted upon unless they have been called in or referred. 26.2 Members will be entitled to call-in decisions of the Cabinet on a requisition as set out in the Call in Request Form (Appendix D to these Standing Orders). This must be signed by three Members and delivered to the Chief Executive, or submitted electronically, via an individual email to the Chief Executive from each of the three Elected Members in question. Such requisition must be received no later than 12 noon on the fourth Clear
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21 Working Day following, and not counting, the day on which the Cabinet Minute was issued. Such requisition must state the reason for the call in. 26.3 The Chief Executive will then immediately refer the matter to the Chair of the Audit and Scrutiny Committee who will be required within five Clear Working Days of receiving notification by the Chief Executive, to arrange a date for a meeting of the Committee to consider the call-in. 26.4 The Audit and Scrutiny Committee shall invite at least one of the Members who has requested the call-in to attend the Committee to explain the request. The Committee will also invite a representative from the Cabinet to present their views on the call-in request and thereafter invite any senior officer to provide information on the report presented to the Cabinet and on issues raised by the call-in. Except with the consent of the Chair, Members requesting the call-in will not speak for more than ten minutes in total, and the Cabinet representative will not speak for more than 10 minutes. If none of the Members who have made the reference attend the Audit and Scrutiny Committee the Committee may determine not to scrutinise the decision. 26.5 No Member of the Audit and Scrutiny Committee who has signed a call-in request may take part in consideration of the call-in request. 26.6 Where the Audit and Scrutiny Committee does not agree on a majority vote with the decision of the Cabinet the matter will be referred to the next meeting of the Cabinet. The Audit and Scrutiny Committee will determine recommendations for alternative action for the Cabinet. The Chair or another Member of the Audit and Scrutiny Committee nominated by the Chair will have the right to attend the Cabinet and speak in support of its recommendation on that matter. 26.7 The Cabinet will at its next meeting consider the recommendation from the Audit and Scrutiny Committee and shall either agree to the recommendation or refer the matter to the next meeting of the full Council. 26.8 In the event of the matter being referred to the full Council, the decision of the full Council shall be final and binding. 27 Discharge of Functions by Committees and Officers Scheme of Administration for Committees 27.1 The Council may arrange for the discharge of its functions by a Committee or Sub- Committee and will adopt a Scheme of Administration to (a) detail the constitution of the Committees and/or Sub-Committees of the Council (including composition, Chair, and quorum); and (b) determine the terms of reference of the Committees and Sub- Committees and the scope of their powers to exercise functions of the Council. 27.2 The Scheme of Administration will establish a Cabinet (which will also act as an Education Committee as required), Audit and Scrutiny Committee and such other Committees or Sub-Committees as the Council may from time to time determine. 27.3 In the event that any Group does not appoint to any committee the number of Councillors they are entitled to appoint within 12 weeks of the vacancy arising, Council may at its next meeting appoint any other Member of the Council to fill such a vacancy or
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22 vacancies. Working Groups and Advisory Panels 27.4 The Council and its Committees may establish any working group and advisory panels as may be required from time to time, but each working group will have a limited time span as may be determined by Council or the parent Committee. 27.5 The membership, Chair and quorum of working groups will be determined by Council or the parent Committee, which membership will comprise Elected Members and, where appropriate, officers from this Council and/or representatives from community groups/partner agencies. 27.6 A working group is not a Committee or Sub-Committee of the Council and will not have any delegated powers to implement its findings but will prepare a report for consideration by Cabinet or the parent Committee. 27.7 Agendas and Reports for consideration at Working Groups will be issued by electronic means to all members no later than two Clear Working days prior to the start of the meeting. Scheme of Delegation to Officers 27.8 Subject to Section 50G (2)(b) of the 1973 Act, the Council shall maintain a list specifying those powers of the authority which are exercisable from time to time by officers of the authority under the 1973 Act or any other enactment and this list will state the title of the officer by whom each of the powers so specified is for the time being so exercisable. 28 Proceedings of Committees and Sub-Committees 28.1 The business of Committees or Sub-Committees will be conducted as follows: - i. The business of the Committee or Sub-Committee will be conducted in accordance with the provisions of Standing Orders and any statutory or regulatory provisions in respect of such business; ii. Such business will proceed primarily on the basis of reports submitted by Officers or referrals by Council, other Committees or other relevant bodies. iii. Notwithstanding the foregoing, Council may, if it considers it appropriate the proper conduct of the business of the Council, instruct a report on, or consider any matter as it is referred to in the remits of any Committee or Sub Committee. In relation to functions delegated to North Ayrshire Integration Joint Board, Council will not make decisions, but may make recommendation to the Board. iv. The Ordinary Meetings of Committees (excepting the North Ayrshire Integration Joint Board, the Ayrshire Shared Services Committee and Ayrshire Regional Economic Joint Committees and any sub-committees thereof) will commence at times as may be determined by the Council and will meet according to a timetable determined by the Council from time to time. Without prejudice to the foregoing, the Chair of a Committee or Sub-
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23 Committee will have power where the circular calling the meeting has not been issued, to rearrange the date, time and place of a Committee or Sub- Committee in cases of urgency, subject to obtaining the agreement of the Council Leader and the Leader of the Opposition. The date, commencement time and timetable of meetings of North Ayrshire Integration Joint Board and any of its sub- committees will be determined by North Ayrshire Integration Joint Board. The date, commencement time and timetable of meetings of the Ayrshire Shared Services Committee, the Ayrshire Regional Economic Joint Committees and any sub- committees thereof will be determined by whichever of the Councils then holds the Chair. v. A Chair of a Committee or Sub-Committee may at any time give instructions for the calling of a special meeting, but the notice will state the special purpose for which it is called. Such meeting will be held at the time, date and venue as determined by the Chief Executive. An appropriate venue may include a meeting on a wholly remote basis by electronic means or in circumstances whereby some Members attend the Council Chambers and others take part via remote means. 28.2 The exercise of delegated authority by a Committee or Sub-Committee is subject to the following: i. The exercise of powers is discretionary, and a Committee or Sub- Committee may determine not to exercise its delegated powers. ii. The consideration of all Committee business which has not been completed before the meeting is brought to an end shall be postponed to the next meeting of the Committee, whether Ordinary or Special. iii. Committees and Sub-Committees shall appoint their own Chair or Vice- Chair if Council has failed to do so. In the absence of the Chair or Vice- Chair the Committee will be required to elect a member from those present to chair the meeting. The Convener of any Sub-Committee must be a member of the Parent Committee. iv. In the event that an issue arises which falls within the remit of more than one Committee, the Chairs of said Committees will determine which Committee shall deal with the issue. v. There will be no temporary substitution of Members of Committees and Sub- Committees unless specific provision is made for the temporary substitution of Members of a particular Committee or Sub-Committee within these Standing Orders or in any relevant Minute of Agreement, Constitution or similar document. 28.3 Planning Committee Call-in i. In terms of Section 43(6)A of the Town and Country Planning(Scotland) Act 1997, three or more Elected Members can refer an application which would otherwise be determined by an officer under the Council’s Scheme of Delegation to Officers, for determination by the Planning Committee. Any such request must
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24 be signed by three Elected Members and delivered to the Chief Executive, or submitted electronically, via an individual email to the Chief Executive from each of the three Elected Members in question. Such requisition must be received no later than 12 noon on the twenty first calendar day (all days inclusive) following validation of the application. Such requisition must state the reasons for the call- in, which must relate to the provisions of the Local Development Plan and any material planning considerations which are relevant to the application. The reasons will be shared with the applicant. ii. On receipt of such a call-in, the Chief Executive will consult with the Chair of the Planning Committee and if the Chief Executive is satisfied that the call-in complies with the terms of Standing Order 28.3.i, the application shall be referred to the Planning Committee for determination of the application. No Member of the Planning Committee who has signed a call-in request may take part in consideration of the call-in request. iii. At least one of the Members who has requested the call in will be asked to attend the Planning Committee to explain the request. The Committee may either agree to determine the application at a future committee or decide not to determine the application, leaving officers to determine the application under delegated powers. 29 Approval and Signing of Minutes 29.1 Minutes of Meetings of Committees with delegated powers shall be submitted to the next meeting of that Committee for approval of their accuracy and thereafter signed by the Chair of that Committee. Subject to the provisions of 26.1, Officers may implement any decision made within the delegated powers of such Committees immediately after the meeting. 29.2 Minutes of Meetings of Committees, which do not have delegated powers, will be submitted to Council or Cabinet as appropriate for approval of the decisions contained therein and to the next meeting of that Committee for approval of their accuracy. Following approval of such minutes (excepting Cabinet, the decision of which cannot be implemented until the expiry of the periods mentioned in Standing Order 26) Officers will be able to implement any decisions contained within the Minutes. 29.3 Where Minutes are submitted for approval of their accuracy, there shall be no discussion of the Minutes, except upon their accuracy and any question on their accuracy shall be raised by amendment to the motion to approve the Minutes. The amendment to the Minutes will require to be intimated to the Chief Executive by 12 noon on the day preceding the meeting. The Provost will submit the Minutes for approval and in the event that an Amendment is proposed, a seconder for the motion to approve and the amendment will immediately be sought. There will be no discussion on the motion or the amendment and the matter to approve or amend will immediately be put to the vote. 30 Petitions and Deputations 30.1 Every application for the reception of a deputation to the Planning or Licensing Committees or petition to the Audit and Scrutiny Committee must be in writing, and delivered, or e-mailed to the Chief Executive no later than 5.00 p.m. on the Tenth Clear Working Day prior to the meeting.
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25 30.2 Procedures for receiving petitions and deputations shall be as set down in Appendix B to these Standing Orders. No petition or deputation shall be received by the Committee in relation to any regulatory or quasi-judicial function of the Council where the opportunity of a hearing or deputation has previously been afforded to any person. No late petition or deputation request shall be received except in accordance with Standing Order 10.8. 31 Contract Standing Orders and Financial Regulations 31.1 The Council may make Contract Standing Orders and Financial Regulations for the regulation or making by it, or on its behalf of contracts and for the proper planning, execution and control of its financial affairs. Such Standing Orders and Regulations will form part of these Standing Orders and will be read with them along with any Scheme of Delegation to Officers made by the Council. 31.2 Contract Standing Orders and Financial Regulations made by the Council in terms of this Standing Order will apply to Committees, Members of the Council, Officers and agents of the Council as appropriate. 31.3 The Scheme of Administration, Scheme of Delegation, Financial Regulations and Contract Standing Orders will have the same standing as Standing Orders and can only be amended in the same manner as Standing Orders. 32 Ultimate Power of the Council 32.1 Without prejudice to any decision taken by a Committee in exercise of delegated powers, the Council may at any time deal with any matter included in the terms of reference of a Committee even if no report from the Committee is before it. 33 Definitions 33.1 In these Standing Orders the following words and phrases will have the following meanings respectively ascribed to them: - i. “Provost” or “Chair” will mean the person appointed to Chair the Council, Committee or Sub-Committee; ii. “Depute-Provost” or “Vice- Chair” will mean the person appointed to Chair the Council, Committee or Sub-Committee in the absence of the Provost or Chair; iii. “Cabinet Portfolio Holder” will mean the Member who has been given responsibility for a group of services. The postholder will be a Senior Councillor and will receive appropriate remuneration in terms of the Scheme of Allowances; iv. “Chief Executive” will mean the Head of Paid Service of the Council as defined in terms of the Local Government and Housing Act 1989 s4(1)(a) or such other person as may be nominated by him/her; v. The “Chief Financial Officer” will mean the proper officer so designated by the Council in terms of the Local Government (Scotland) Act 1973 s.95 or
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26 such other qualified accountant as may be nominated by him/her; vi. “Clear Working Days” will unless otherwise specified, mean the whole 24- hour period of a day, Monday to Saturday inclusive, including public holidays. vii. The “Council” will mean North Ayrshire Council, being a Local Authority constituted under the Local Government Etc. (Scotland) Act 1994; viii. A” Decision of Council” will be deemed to have been made where any of the following circumstances occur: - i. A motion or amendment in accordance with the provisions of these Standing Orders, has been passed by the necessary majority at Council Committee or Sub-Committee. ii. The exercise by the appropriate officer of any power delegated to them either by reason of another Decision of Council or in terms of the Scheme of Delegation. iii. The exercise by the Chief Executive of the discretion available to them. iv. Such Decision of Council will be deemed to include any necessary actions required to give effect to such decision. v. Where a Decision of Council is subsequently found to be incapable of implementation because of a defect or a new supervening factor, then subject to the confirmation of the Chief Executive upon advice taken, the Decision of Council may be given effect to with the removal of such defective element, or its replacement with a suitable and in all respect compatible element, provided always that the likely outcome of the resultant Decision of Council is materially the same or sufficiently similar to the original decision. In such circumstances the Chief Executive will be obliged to report such change to the next appropriate meeting of the Council, and any decision on such report will not require the suspension of Standing Orders. ix. ‘Elected Members’ and ‘Member’ will mean, except where the expression will otherwise so require, a Councillor of the Council only, as the word ‘Councillor’ is defined by reference to Local Government Etc. (Scotland) Act 1994 s5; x. ‘Solicitor to the Council’ will mean the Head of Democratic Services or such other legally qualified person as may be nominated by him/her; xi. ‘Party’ will mean any grouping of two or more Members, previously intimated to the Chief Executive; xii. ‘Present and voting' or 'present and vote' shall mean Members casting an affirmative or negative vote. Members who abstain from voting are considered as not voting;
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27 xiii. The Interpretation Act 1978 applies to the interpretation of the Standing Orders as it applies to an Act. Any Act or other legislative provision referred to herein will include reference to any amendment, modification or re-enactment of such provision as may from time to time occur. xiv. In the event of any dispute or difference as to the interpretation or these Standing Orders and any other document the Standing Orders will prevail. xv. The ‘1973 Act’ shall mean the Local Government (Scotland) Act 1973, as amended. xvi. The ‘2000 Act’ shall mean The Ethical Standards in Public Life etc (Scotland) Act 2000. 34 Emails from Elected Members to the Chief Executive in respect of Standing Orders 14.1,15.1, 15.2, 26, 28.3 and 30 should be submitted using the Council allocated email address i.e.[MemberName]@north-ayrshire.gov.uk. Such emails will be accepted as having been signed by the Elected Member.
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29 Appendix A Local Government (Scotland) Act 1973 SCHEDULE 7A: DESCRIPTIONS OF EXEMPT INFORMATION 1. Information relating to a particular employee, former employee or applicant to become an employee of, or a particular office holder, former office-holder or applicant to become an office-holder under, the authority. 2. Information relating to any particular occupier or former occupier of, or applicant for, accommodation provided by or at the expense of the authority. 3. Information relating to any particular applicant for, or recipient or former recipient of, any service provided by the authority. 4. Information relating to any particular applicant for, or recipient or former recipient of, any financial assistance provided by the authority. 5. Information relating to the adoption, care, fostering or education of any particular child or relating to the supervision or residence of any particular child in accordance with a supervision requirement made in respect of that child under the Social Work (Scotland) Act 1968. 6. Information relating to the financial or business affairs of any particular person (other than the authority). 7. Information relating to anything done or to be done in respect of any particular person for the purposes of any of the matters referred to in section 27(1) of the Social Work (Scotland) Act 1968 (providing reports on and supervision of certain persons). 8. The amount of any expenditure proposed to be incurred by the authority under any particular contract for the acquisition of property or the supply of goods or services. 9. Any terms proposed or to be proposed by or to the authority in the course of negotiations for a contract for the acquisition or disposal of property or the supply of goods or services. 10. The identity of the authority (as well as of any other person, by virtue of paragraph 6 above) as the person offering any particular tender for a contract for the supply of goods or services. 11. Information relating to any consultations or negotiations, or contemplated consultations or negotiations, in connection with any labour relations matter arising between the authority or a Minister of the Crown and employees of, or office-holders under, the authority.
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30 12. Any instructions to counsel and any opinion of counsel (whether or not in connection with any proceedings) and any advice received, information obtained or action to be taken in connection with:- i. any legal proceedings by or against the authority, or ii. the determination of any matter affecting the authority, iii. (Whether, in either case, proceedings have been commenced or are in contemplation). 13. Information which, if disclosed to the public, would reveal that the authority proposes:- i. to give under any enactment a notice under or by virtue of which requirements are imposed on a person; or ii. to make an order or direction under any enactment. 14. Any action taken or to be taken in connection with the prevention, investigation or prosecution of crime. 15. The identity of a protected informant.
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31 Appendix B NORTH AYRSHIRE COUNCIL GUIDANCE ON DEPUTATIONS AND PETITIONS 1. Introduction 1.1 This guidance sets out the process to be followed by persons wishing to make a deputation or submit a petition to the Audit and Scrutiny, Planning, or Licensing Committees. 2. Procedure 2.1 Every application for the reception of a deputation or petition must be in writing, duly signed and delivered or e-mailed to the Chief Executive no later than 5.00p.m. on the Tenth Clear Working Day prior to the meeting. 2.2 The application should give details of the matter to be raised. You should be able to demonstrate that you have taken steps to resolve the issues prior to submitting your application, including submission of a complaint under the Council’s Complaints Procedure where relevant. Details of the services or officers approached, together with copies or summaries of the responses received should be submitted along with your application form. Where no covering letter has been submitted, officers will write to the initial signatory of the petition to request the supporting documentation, in the absence of which the Chair of the Audit and Scrutiny Committee may decline to accept the petition. 2.3 Petitions or deputations will only be received if they relate to the delivery of Council services or to services which are provided by the Council in conjunction with other partner organisations, or if they relate to decisions that the Council has taken or is about to take. Your petition must contain a minimum of 10 written signatures from different North Ayrshire households. E-petitions may be lodged in support, but not in substitution for the 10 written signatures. The petition should give details of the matter concerned. Again, you should be able to demonstrate that you have taken steps to resolve the issue of concern prior to submitting your petition. 2.4 A petition will not be competent in the following circumstances: - • If it relates to a case that is or has been subject to legal or court proceedings, ombudsman complaints, industrial tribunals, appeals procedures; • If it requests the Council to do something outwith its powers; • If it discloses information which is protected by an interdict or court order; • If it reveals commercially sensitive or confidential information; • If it would cause personal distress or loss; and • If it relates to an individual’s circumstances or an individual’s grievance • If it relates to any regulatory or quasi-judicial function of the Council where the opportunity of a hearing or deputation has previously been afforded to any person. • The deputation or petition seeks to review an issue which is the same or substantially the same as a Decision of Council made within the previous six months;
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32 • It relates to functions delegated to North Ayrshire Integration Joint Board; or • The deputation or petition seeks to review an issue which has already been considered by the Audit and Scrutiny Committee in terms of 24 (Call-in of Cabinet Decisions) 2.5 If 10 or more letters are received on one specific issue, these will be treated in the same way as petitions. If the individual leading the letter writing campaign can be identified, that person will be treated as the principal petitioner and the same procedures will apply as for petitions generally. 3 Determination 3.1 When an application for a deputation/petition is received the Chair of the Audit and Scrutiny Committee will be advised of the issues raised and will decide whether the matter should be dealt with at the next Committee meeting. 3.2 If your request for a deputation or to submit a petition is refused, the reasons for this will be notified to you. 3.3 If your application is approved, you will be invited to attend the Committee meeting. As many Members of your group as wish may attend the meeting, but the number of persons allowed to address the Committee will be limited to a maximum of 3. You will also be asked to identify the principal spokesperson beforehand. 3.4 If during a pandemic or public health emergency, the public are to be excluded from a meeting of a local authority whenever it is likely that, if members of the public were present, there would be a real and substantial risk to public health due to infection or contamination with coronavirus, then paragraphs 3.3 and 4 will not apply, and you will be invited to submit written submissions for the consideration of the Committee. 4 Addressing the Committee 4.1 You should remain seated at all times during the meeting, until the spokespersons are invited to speak by the Chair. 4.2 You will be limited to ten minutes in total to present your case to the meeting. Once you have addressed the meeting, the Members present will be invited to put questions to you. Appropriate Members or officers of the Committee may also be invited to speak and to receive questions. If the officers are presenting a written report, you will be given a copy, if possible, in advance of the meeting. 4.3 The Committee will then take a decision on the matter before it, if appropriate, or if it relates to an item elsewhere on the agenda of the meeting may wait until they reach that item before taking a decision. Once you have heard the decision you are free to leave but are welcome to stay to listen to the rest of the meeting if you so wish. 4.4 If nobody addresses the Committee in support of the petition, the Committee will still consider the item, having regard to the papers on the agenda. 5 Deputations and Petitions Relating to Planning Applications 5.1 The Council has approved separate procedures which apply to requests by objectors to planning applications who are seeking authority for a deputation to address the Planning Committee in support of their objections.
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33 Appendix C North Ayrshire Council Procedure on Dealing with Requests to the Council from Outside Bodies to Support Resolutions and Motions 1. Purpose 1.1 To advise on the procedure for handling requests to the Council from Outside Bodies to support resolutions or motions. 2. Background 2.1 From time to time the Chief Executive, or the Leader of the Council, receives requests from Outside Bodies e.g. other local authorities, to support resolutions or motions passed by those bodies. These may relate to subjects of national or local importance and generally the aim is to mobilise national support for a particular position. 3. Procedure 3.1 To ensure that such requests are handled in a consistent manner the following steps will be followed. 3.2 On receipt of such requests, Committee Services will take the following action: - i. Acknowledge the request and advise the Outside Body that it will be circulated to Group Leaders for their attention. The Outside Body will also be advised that in terms of the procedure, no further action will be taken unless a motion in support is subsequently considered by the Council. ii. Circulate the request by email to Group Leaders and Independent Members for their attention. It will be for such Members to decide whether they wish to support the resolution or motion passed by the Outside Body. 3.3 Any Member wishing to support the terms of the resolution or motion will be requested to submit a formal notice of motion (properly seconded) to the Chief Executive within the usual timescale for the receipt of such notices for the next ordinary meeting of the Council i.e. 2.00 p.m. on the Monday of the week preceding the Council meeting. 3.4 All motions will require to be seconded in the usual manner. 3.5 On receipt of such a motion, Committee Services will arrange for the motion to be added to the agenda for the next ordinary Council meeting in the usual manner. The outcome of the Council’s deliberation will be communicated to the Outside Body thereafter.
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34 Appendix D Call In Request Form We request in terms of paragraph 26.2 of the Standing Orders Relating to Meetings and Proceeding of the Council that the decision taken by the Cabinet be called in by the Audit and Scrutiny Committee. Names of Councillors Requesting Call In 1. 2. 3. Details of the Decision Taken By The Cabinet (Please specify the Minute reference) Reasons for Call In (Please specify your reasons for requesting that the Audit and Scrutiny Committee call in the decision) Desired Outcome (Please specify your desired outcome) This form must be received by the Chief Executive’s Office not later than 12 noon on the fourth Clear Working Day following, and not counting, the day on which the Cabinet Minute was issued. Date Time Received by Chief Executive Received by Committee Services Acknowledged
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35 Appendix E NORTH AYRSHIRE COUNCIL Quick Guide to Dealing with Items of Business 1. Officer speaks to the terms of the report. 2. Questions by Members to Officers about their report. 3. The Administration move and second the motion. Provost asks if this is agreed. If it is, we move to the next item of business. 4. All Amendments are then moved and seconded. 5. Members can ask questions to the mover or seconder of a motion or amendment seeking clarity of the terms of the motion/amendment. This also gives Members the opportunity to ask if a mover of the motion or amendment is prepared to alter this to achieve agreement. 6. When the Provost is satisfied that there are no more amendments or questions (e.g. once the questions stop and the Provost receives a negative response to the question “are there any further amendments”) he or she will state “we are now in debate”. 7. Debate - At debate stage members are allowed up to 5 minutes each to make submissions. No new amendments or questions are allowed once the debate starts. 8. Summing up in reverse order. In other words, last amendment sums up finishing up with the motion. 9. Voting – The first vote is for the motion against the first amendment. The winner goes against the second amendment and so on.
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36 Document Control Summary:- Location: I:\Committee Services\Publications\01 Standing Orders Last Revised: Revised By Nature of Revision May 2022 AC Created for New Administration