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Item 15 - Appendix 1

West Dunbartonshire Council · 26 October 2022
Back to West Dunbartonshire Council — 26 October 2022 and its agenda

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Page 1

Standing Orders Review 2022 – Proposed Amendments
1 | P a g e
Item
No.
Standing Order Proposal Revised Text Recommendation
3 Proposal
Para 3(b)  - Amend to reflect Schedule 7 –
1(4) of the Local Government (Scotland)
Act 1973 whereby requisitions are to the
proper officer.  It may be appropriate to
deem the Chief Executive or the Chief
Officer: Regulatory and Regeneration as
the Proper Officer.
“A Special Meeting can be called by the Chief
Executive providing he/she has received a written
requisition…”
Agree Change
6 Proposal
Add a proviso that permits the Chief
Executive not to submit an Open Forum
question where it could be unlawful,
defamatory or contrary to Data Protection
principles.
“Where the Chief Executive receives a written
question, then unless it is likely to be defamatory or
in breach  of a provision of law, including a breach of
Data Protection principles, the Chief Executive”
Agree Change
8 Proposal
Amend wording to clarify when any urgent
items of business will be notified to
Council /Committees.
“…meeting. The Convener will advise Council of the
terms of any request following Declarations of Interest,
if any. If the Convener agrees…”
Agree Change
9 Proposal
Add a new requirement (9(g)) for Motions
to identify the source of funding other than
for inconsequential costs.
“Any motion which is likely to give rise to financial
consequences other than minor and inconsequential
financial consequences  not otherwise addressed in
terms of a report before the meeting, will indicate the
source of funding for such financial consequences”
Agree Change
Appendix 1

Page 2

Standing Orders Review 2022 – Proposed Amendments 
2 | P a g e
Item
No.
Standing Order Proposal  Revised Text Recommendation 
13 Proposal
Standing Order 13 (a) and 13(b) to be
amended to clarify that only members who
sit on a particular committee may ask a
question under Standing Order 13.
13 (a)  “Except when in debate any Member, or in
the case of Committees, any member of
that Committee,  may put a question
13(b)  “Any Member, or in the case of
Committees, any member of that
Committee, may also put a question to any
office holder,”
Agree Change. 
13 Proposal
Standing Order 13(c) – amend provision to
allow for  the difference between a
provision which may be illegal and one
which is either unlawful or defamatory. 
Removes possible legal argument
proposed wording which could result in
sanction against the Council is not strictly
speaking illegal. 
(c)  If notice is given of any question that,
in the opinion of the Monitoring
Officer, is likely to be defamatory or in
breach  of a provision of law, including
a breach of Data Protection principles,
the Monitoring Officer shall
immediately submit such notice of
question to the Convener and it shall
not be accepted and placed on the
agenda without his/her sanction. This
will only be used when there is clear
illegality or a clear likelihood of
defamation. In the event of non-
acceptance the Monitoring Officer
shall so inform the Member who
submitted the notice of question.  If
any question is asked or statement
made by any Member or member of
the public during the course of a
meeting which is determined by the
Monitoring Officer to be contrary to
law, is likely to be defamatory or in
breach  of Data Protection principles,
Agree Change.

Page 3

Standing Orders Review 2022 – Proposed Amendments 
3 | P a g e
Item
No.
Standing Order Proposal  Revised Text Recommendation
then the question or statement will not
be recorded in the Minutes. 
14 Proposal
Admission of Press and Public
Clarification as One Stop Shops no longer
exist. 
“The Chief Executive shall be responsible for giving
public notice of the time and place of each meeting
of the Council by posting it within all Public Libraries
and public areas of certain other Council premises,
specifically Aurora House, Clydebank Town Hall, the
main Dumbarton Office, Church St, and Dumbarton
Municipal Building not less than three clear days
before the date of each meeting.”
Agree change. 
19 Proposal
To require any Motions which would be
moved on the day in relation to an existing
item of business which may have
substantial budgetary implications to be
submitted to the Chief Officer: Resources
to allow proper consideration of the
financial impact of the proposals/
There are concerns that financial
proposals of motions moved on the day
may not be immediately ascertained
leading to poor decision making and
potentially harmful financial impact.
Standing order 19 becomes 19(a) and a new 19(b) is
created:-New Clause 19b Created:
“(b)
(i) Any motion or amendment which seeks to
substantially add to, take from or otherwise
alter or amend the annual budgets submitted to
Council   shall require to take the form of an
alternative budget which shall detail the cost of
the proposal(s) being advanced or the savings
proposed to be achieved and the consequential
impact of that cost or those savings on the
annual budget.  Any such amendment must be
submitted to the Chief Officer: Resources by
noon on the second last clear day before the
meeting takes place to enable the Chief Officer:
Resources to consider the financial implications
thereof.
Agree Change

Page 4

Standing Orders Review 2022 – Proposed Amendments 
4 | P a g e
Item
No.
Standing Order Proposal  Revised Text Recommendation 
(ii) Motions or amendments which, if
approved, would involve the Council
incurring revenue or capital
expenditure must:-
• contain information regarding
the full amount of such
expenditure; and
• state whether the expenditure
is recurring or one-off. 
(iii) The Chief Officer: Resources shall
advise, where possible, on the
financial implications of such motion or
amendment.  In the event that the
Chief Officer: Resources is unable to
give advice on the matter at the
meeting, the matter will not be
determined until such time as they
have had the opportunity to consider
the implications and give advice on
them.” 
20 Proposal
In Paragraph 20(d) reflect good practice
that changes brought about by a change
of law or circumstances outwith the
“….brings a report to Council advising changes to
Standing Orders due to special circumstances or
consequential changes to reflect changes in law or
circumstances outwith the Council’s control and in
such…”
Agree Change

Page 5

Standing Orders Review 2022 – Proposed Amendments 
5 | P a g e
Item
No.
Standing Order Proposal  Revised Text Recommendation
Council’s control may result in a change to
standing orders outside the usual period. 
26 Proposal 
Clarify the processes around Roll Call
voting.
26) Method of Voting
The votes will be taken by show of hands except:- 
(i) where the Council agrees that voting will be by
way of roll call. If two Members move the contrary
then the issue of whether there will be a roll call
vote will be resolved by a vote under 24(a) hereof
with the vote following immediately on the second
Member so moving, without debate.  Such vote will
itself be by show of hands; or
(ii) where on advice from the Legal Officer the
matter involves the potential illegality or breach of
any code, it is deemed necessary that a roll call
vote be held and such determination shall not be
subject to debate or a vote under Standing Order
24(a).
Agree change. 
28 Proposal
Make it clear that the ability to Suspend,
Delete or Amend a Standing Order in the
course of a meeting is subject to Standing
Order 20(d)
“Subject always to the provisions of Standing Order
20(d), any one or more of the Standing Orders…”
Agree Change 
29 Proposal (a) Insert new provision 29(n):- “Subject to
Standing Order 2, Standing Order 30, and
Agree Change

Page 6

Standing Orders Review 2022 – Proposed Amendments 
6 | P a g e
Item
No.
Standing Order Proposal  Revised Text Recommendation
Clarify the relationship between different
provisions in respect of the setting and
amendment of dates of Council and
Committee.
Appendix 2a,  the setting of dates of Council
and Committees and amendment to any
timetable of meetings. “ 
30 Proposal
Clarify that only members of a particular
Committee shall be afforded the rights of
participation etc. afforded by the Standing
Orders in relation to that Committee.
This proposal addresses an ambiguity
whereby it may appear that any Member
of the Council may participate fully in all
Committees as if a member of that
Committee. 
See also proposed amendment to
Standing Order 13(a) and 13(b).
Add at end of Paragraph 30(a):-
“ The term “Member” shall be deemed to apply
only to members appointed to such
Committee. “. 
Agree change. 
30 Proposal
1) Clarify  the dependencies in respect of 
determination of committee dates.
2) Provide that changes to time or venue
must be at least 2 days prior to the
calling of the meeting. 
(c) The Ordinary Meetings of Committees will
commence at times as may be  determined
by the Council and , subject to Standing
Order 2 and Appendix 2a will meet
according to a timetable determined by the
Council from time to time. Without prejudice
to the foregoing, the Convener of a
Committee or Sub-Committee will, have the
power (i) in cases of urgency, and (ii) at
least two clear working days prior to the
Agree change.

Page 7

Standing Orders Review 2022 – Proposed Amendments 
7 | P a g e
Item
No.
Standing Order Proposal  Revised Text Recommendation
The proposal would provide clarity and
avoid the risk that as per of last minute
changes  and the possibility of extreme
late calling of changes to meetings.
scheduled date for the issue of the circular
calling the meeting , to rearrange the date,
time and place of a Committee or Sub-
Committee subject to obtaining the
agreement of the Council Leader and the
Leader of the Opposition. 
33 Other Constituted Bodies Various changes to reflect current makeup of the
constituted bodies.
Agree changes 
35 Change Title – correction of Typo Officers’ Delegated Powers  Agree change 
36 Add at end of 36(2) a provision that
provides authority to officers award in line
with delegation and to remit to Council or
Committee where that is not possible.
Upon approval by Members, or if within limits delegated
to Chief Officers, then no further approval will be
required by Members except where, in the reasonable
opinion of the relevant Chief Officer upon receipt of
tenders, the total contract sum is likely to exceed the
approved budget, or the terms on which the tender is
submitted are outwith the Chief Officer’s judgement of
the basis on which the delegation could be deemed to
have been granted. In the event of the financial or other
terms of a Tender falling outwith delegated powers, the
relevant Chief Officer will submit a report to either
Council, the relevant Service Committee or the
Tendering Committee.
Agree change 
36 Add at end of paragraph 36(3) a provision
that clarifies that no provision permitting
an action in these Standing Orders
Add at the end of Standing Order 36(3):- “and no
provision of these Standing Orders shall relieve officers
Agree change

Page 8

Standing Orders Review 2022 – Proposed Amendments 
8 | P a g e
Item
No.
Standing Order Proposal  Revised Text Recommendation
relieves officers of the requirement to
comply with the Financial Regulations.
of the requirement to comply with the provisions of
such Financial Regulations.” 
36 The amendments to Para 36(4) seek an
increase in the delegated limits of
expenditure. 
The levels proposed align with the Public
(Contracts) Scotland Regulations 2015
levels (formerly European thresholds) for
Supplies and Services (including Light
Touch Regime (largely social work and
care)
The provision of Supplies, Works or Services will be
regulated by these Standing Orders except where
there is an emergency involving danger to life or
property or where the estimated expenditure,
inclusive of all consequential costs over the period of
the contract, is less than £213,477 for Goods and
Services, £663,540 for Light Touch Services and 
£2,000,000 for Construction (all inclusive of VAT) . In
either of those cases the Chief Officer concerned may
authorise the expenditure immediately.  The sums for
Goods and Services and Light Touch Regime
Services will, from year to year, be amended in line
with the thresholds applicable under the Public
Contracts (Scotland) Regulations 2015 and the sums
for Works will be amended in line with any
amendment to the threshold for Public Works
applicable under the Procurement Reform (Scotland)
Act 2014.  Such amendment to values will apply
notwithstanding the provisions of Standing Order
20(d). 
Agree change 
41 In Paragraph 41(g) replace the word
“arbiter” with “party” to avoid the
suggestion that the Council is bound to
“(g) In the event of any question arising as
to whether the requirements of this clause
are being observed, the question will, if not
otherwise disposed of, be referred to an
Agree change

Page 9

Standing Orders Review 2022 – Proposed Amendments 
9 | P a g e
Item
No.
Standing Order Proposal  Revised Text Recommendation
use arbitration in all circumstances where
a matter is referred for third party decision.
independent party for decision.” 
Appendix 1  Procedures For Open Forum Questions
Proposal
To insert new qualifying criteria to Open
Forum questions, firstly to prevent
repetitive questions and secondly to avoid
questioners seeking to seek to benefit
where they have a commercial or other
direct financial interest in the outcome of
discussions.
It is perceived that the Open Forum
process that is intended to permit public
and community concerns has been used
on a number of occasions to advance
personal interests.  The proposed
amended rules still permit questions which
might impact on individuals but avoids the
situation where they might be seen as
furthering personal gain.
Typo corrected in the second last bullet
point – insertion of “a” before the word
“matter” 
Insert new Bullet points fifth, sixth and seventh in
Appendix 1 Paragraph 3 
• Questions must not seek to promote the material
or financial  interests of an individual. 
• Questions must not seek to influence the
outcome of commercial negotiations or decision
making which the questioner, or a relative or a
close friend or client of the questioner has a
material interest.
• Questions should not seek to repeat or extend
the terms of a substantially similar question
relative to the same subject matter which has
been answered in the preceding 12 months 
• Questions must not relate to a matter where there
is a process defined by law, such as a licensing
application process or planning process. 
Agree Change

Page 10

Standing Orders Review 2022 – Proposed Amendments 
10 | P a g e
Item
No.
Standing Order Proposal  Revised Text Recommendation 
Appendix 2k Proposal
Para 1.1 
Correct typo.  Add word “as” after “Leader
of the Opposition as well”
“Leader of the Opposition  as well as one
Opposition (other)”
Agree Change 
Appendix 3 Proposal
Change Title of Appendix.
“GUIDANCE ON CONDUCT IN MEETINGS 
(STANDARDS COMMISSION FOR SCOTLAND )” 
Agree Change 
Appendix 3 In para 2 correct a Typo to change the
word from “nice” to “nine”.
2. “The Councillors’ Code of Conduct sets
out nine key principles, which include
integrity, honesty and respect.” 
Agree Change