[County Council Meetings]
1 Meetings
(1) All meetings of the County Council will be held at County Hall, Exeter or such other place as the Council may decide.
(2) The Annual Meeting of the Council will be held during the month of May unless otherwise directed by the Council.
(3) In addition to the Annual Meeting, the Council will hold:
(a) ordinary meetings to consider general business, on the dates and times shown in the Council's calendar of meetings;
(b) a Budget Meeting on the date shown in the Council's calendar of meetings to consider and approve the annual estimates and to determine the Council's precept;
(c) special meetings convened by the Chairman or by any five members of the Council in accordance with Schedule 12 of the Local Government Act 1972.
(4) If a meeting of the Council has not finished by 8pm, it will be adjourned automatically to the next Saturday morning, at 10.30am, unless a majority of members present agree to continue the meeting until it finishes or to adjourn it to some other day.
2 Notice of and Summons to Meetings
The Chief Executive will give notice to the public of the time and place of meetings in accordance with the Access to Information Procedure Rules contained in the Council’s Constitution.
3 Chairman of Meeting
The Chairman of the County Council will, if present, preside at all meetings of the Council but in his/her absence the powers and duties of the Chairman will be exercised by the Vice-Chairman or the person appointed by the Council to preside at the meeting.
4 Quorum
The minimum number of members needed for a meeting of the Council to start and to continue (a quorum) is one quarter of the whole number of members on the Council. If a quorum is not present or maintained, the meeting will be adjourned to a time fixed by the Chairman. If no time is fixed then any outstanding business will be dealt with at the next ordinary meeting of the Council.
5 Order of Business
(1) The order in which business is dealt with at meetings of the Council will be as set out below. The order of items in paragraphs (e)-(p) may however be changed by the Chairman at his/her discretion or by a majority of the members present at the meeting in accordance with paragraph (2) below:
(a) Election of the Chairman & Vice-Chairman (Annual Meeting only) (see also standing order 3 above).
(b) Appointment of Leader of the Council (Annual Meeting only).
(c) Appointment of Executive Members by the Leader of the Council (Annual Meeting only).
(d) Appointment of a member to act as Chairman for the meeting if the Chairman and Vice-Chairman are absent.
(e) Approval of the minutes of the last meeting as a correct record and their signature by the Chairman (standing order 12 also refers)
(f) Disposal of any business left over from the last meeting.
(g) Announcements from the Chairman.
(h) Filling vacancies on committees or other bodies.
(i) Answers to questions by members or the public asked under standing order 17.
(j) Consideration of Framework Decisions/Recommendations from the Executive.
(k) Consideration of Reports from Executive Members.
(l) Consideration of minutes, reports and/or recommendations from committees.
(m) Answers to questions by members of the public asked under the Public Participation Procedure Rules.
(n) Consideration of reports from officers.
(o) Consideration of any other business listed on the agenda for the meeting.
(p) Consideration of motions placed on the agenda under standing order 6.
(2) Any proposal by a member under paragraph (1) above to change the order of business shall be voted on without discussion immediately after it has been moved and seconded.
(3) A provisional Order paper indicating the business to be transacted at a Council meeting will be available in the Chief Executive’s Office from 10.30am on the day of the meeting (or in the case of the Budget Meeting starting at 10.30am, from 9.00am) but will not be finalised until it is tabled in the Council Chamber before the start of the meeting.
6 Notices of Motion: At County Council
(1) A member who wishes to place a motion on the agenda of a meeting of the Council must give notice, in writing, to the Chief Executive by 9.00am on the eighth working day before the meeting of the Council at which it is to be considered. The Chief Executive will keep a record of all such motions received which may be inspected by any member of the Council.
This standing order does not apply to motions which can be moved without written notice in accordance with standing order 11.
(2) All motions submitted under this standing order will be set out on the agenda for the meeting of the Council in the order they were received. A motion may only be withdrawn — in writing — by the member who originally submitted it.
(3) A motion which has been placed on the agenda must be formally moved at the meeting of the Council by the member who submitted it or, with his/her written consent, by another member. If it is not moved it will be regarded as withdrawn unless the Council agrees to postpone it.
(4) The mover may if the Council agrees, without discussion, alter a motion provided that the alteration could have been made as an amendment under standing order 14(7).
(5) The Council shall only consider a motion if it relates to some matter on which the Council has powers or duties or which directly affects the County as a whole.
(6) A motion shall, after being formally moved and seconded, be passed to the Executive. There will then be no discussion on the motion at that meeting of the Council.
However, and subject also to standing orders 9 and 29, the Council may decide to discuss a motion at the meeting to which it is submitted if, in its view, there is sufficient reason to do so.
7 Notice of Motion: To Rescind a Previous Resolution
Any Notice of Motion which would negate, cancel or revoke an earlier decision taken by the Council on a motion submitted under standing order 6 during the previous six months can only be considered if the notice given to the Chief Executive under standing order 6(1) is signed by ten members.
When the Council has considered any such motion the subject matter or topic shall not be raised again by Notice of Motion within the following six months. [NOTE: This standing order only applies to formal Notices of Motions submitted to the County Council under standing order 6. The six-month rule does not apply to any decision of the Council taken as a result of approving a minute or recommendation of the Executive or a committee]
8 Referred Motions
(1) When a motion has been referred to the Executive under standing order 6(6) the Chief Executive will inform the member who originally submitted it when the Executive is to discuss it. If he/she is not a member of the Executive he/she has a right to attend the meeting and speak but not to vote on the motion.
(2) The Executive will consider the matter and either refer it to another committee or make a recommendation to the Council.
9 Motions Regulating Procedures of Council
Any motion which would affect the procedures of the Council will be passed to the Procedures Committee to consider and report back to the Council.
10 Motions affecting persons employed by the Council
If any question arises at a meeting of the Council about the appointment, promotion, dismissal, salary, superannuation, conditions of service, or conduct of any employee of the Council, it shall not be discussed until the Council has decided whether or not to exercise the power of exclusion of the public under Section 100A(4) of the Local Government Act 1972.
11 Motions and amendments which may be moved without notice
Motions or amendments on the following topics or matters may be moved without giving notice to the Chief Executive under standing order 6;
(1) Appointing or electing a Chairman.
(2) Varying the order of business on the agenda.
(3) Referring a matter to the Executive or a committee.
(4) Appointing a committee (or members thereto) when the agenda contains an item to allow members to do so.
(5) Agreeing the minutes of the Executive or a committee and/or querying the accuracy of the minutes.
(6) Requesting approval to withdraw a Motion.
(7) Extending the time limit for speeches.
(8) Amending a motion submitted under standing order 6 or 7.
(9) Asking the Council to proceed to the next item on the agenda.
(10) Asking the Council now to vote on the issue being discussed (otherwise known as a motion that the question be now put).
(11) Adjourning the debate.
(12) Adjourning the meeting.
(13) Suspending standing orders in accordance with standing order 30.
(14) Excluding the press and public in accordance with Section 100A(4) of the Local Government Act 1972.
(15) Dealing with disorderly conduct by a member under standing order 18.
12 Minutes: of Council Meetings
(1) The minutes of a meeting of the Council will be submitted to the next ordinary meeting for approval as 'a correct record'.
(2) The Chairman will ask the Council to agree that the minutes of the meeting of the Council held on the ... day of ... be approved as a correct record'. and he/she will then sign the minutes. There shall be no discussion on any minute unless its accuracy is called into question.
13 Minutes: of the Executive and Committees submitted to Council
(1) Any Minute of the Executive relating to a Framework Decision (see paragraph 11 of the Executive Procedure Rules) submitted to the Council for approval will be formally 'moved' by the Leader or appropriate Executive Member.
(2) Minutes of other committees submitted to the Council for approval will be formally 'moved' by the Chairman of the relevant committee (or another member acting on his/her behalf) and put to the Council for consideration. When all matters relating to those minutes have been dealt with (see also standing order 14(1)-(3)) the Chairman of the committee will then ask the Council to adopt the minutes as a whole (together with any amendments the Council may have agreed), without any further discussion.
(3) The mover of the minute will exercise the 'right of reply' to any amendment moved under standing order 14.
(4) Any decision of a committee taken on a matter for which it has power delegated to it under the Council’s scheme of delegation (set out in Part 3 of the Council’s Constitution) shall be known as a ‘starred minute’ and be denoted by an asterisk (*) immediately in front of the minute number.
(5) The County Council may only consider an amendment to a starred minute called for consideration at a Council meeting if 20 members vote in favour of so doing.
14 Rules of Debate and Procedures for Meetings of the County Council
[NOTE: This standing order relates to motions and amendments moved at meetings of the Council other than Notices of Motion submitted under standing order 6].
'Calling' of Minutes: at Council
(1) If a member wants to amend or talk to or ask a question on any committee minute which is before an ordinary meeting of the Council for approval he/she must give notice of his/her intention to "call" that minute to the Chief Executive by 12.00 noon on the day before the meeting. Minutes of the Executive relating to Framework Decisions will be regarded as having been called automatically.
If a member wishes the text of his/her motion or amendment to be printed on the Order Paper he/she should also supply that text and the name of his/her seconder. Any motion or amendment which has not already been published on the Order Paper (see also standing order 5(3)) must be put in writing, read out at the meeting by the mover and then handed to the Chairman. It must be moved and seconded before being discussed. [NOTE: Motions or amendments moved at the Executive or committees do not have to be in writing].
(2) Any member may, without giving notice, move an amendment to, talk to or ask a question on a minute which has already been 'called'.
(3) At a Budget meeting the text of any motion or amendment relating to the annual estimates must be put in writing and submitted to the Chief Executive by 9.00am on the third working day before the meeting in order that the officers may have sufficient time to consider and advise the Council of the financial implications of any such motion or amendment. Motions and Amendments
Motions and Amendments
(4) Only one amendment may be moved and discussed at a time.
(5) If an amendment is lost other amendments may be moved to the original motion.
(6) If an amendment is carried the motion, as amended, is the one to which further amendments may be moved.
(7) An amendment must relate to a motion and can:
but must not introduce a substantially new proposal or give effect to the direct opposite of what was proposed in the original motion.
(8) No amendment may be moved to a minute of a committee unless it has been called under paragraph (1) of this standing order and no amendment can be moved to a minute which does not contain a resolution.
(9) Any motion or amendment may be altered or withdrawn by the mover with the agreement of his/her seconder, without debate, provided that the amendment in its altered form complies with paragraph (7) of this standing order.
(10) When a motion is under debate, no other motion shall be moved, except the following:
(11) On a motion by a member (who has not already spoken in a debate), duly seconded, 'That the Council proceed to the next business', 'That the question be now put' 'That the debate be now adjourned' or 'That the Council do now adjourn', the Chairman will, if he/she agrees that there has been enough debate on the matter or that further debate would not be helpful to the Council:
on a motion To Proceed to the Next Business put that motion to the vote and if it is passed go on to the next item;
on a motion That The Question be Now Put put that motion to the vote, and if it is passed immediately ask the mover of any amendment (if there is one) and the mover of the original motion to exercise their right of reply in that order and will then put the motion and/or amendment to the vote;
on a motion to Adjourn the Debate or Adjourn the Meeting, put that motion to the vote without giving the mover of the original motion or amendment a right of reply on that occasion.
(12) Motions and/or amendments which are not seconded or are withdrawn by the mover will not be recorded in the minutes.
(13) Motions and/or amendments moved and seconded at Council meetings which are not approved will be recorded in the minutes of that meeting.
15 Speaking at Meetings
(1) At meetings of the Council, members shall stand and face the Chairman when speaking. The Chairman will decide which member speaks first if more than one indicates a wish to do so. All other members shall remain seated until the Chairman indicates it is their turn to speak or unless they wish to speak to a point of order or in personal explanation (see also paragraph 4 below).
(2) If the Chairman stands up any member who may be speaking must stop and, if necessary, sit down.
(3) A member's speech must relate either to the matter under discussion or to a personal explanation or to a point of order, as appropriate.
(4) Any member who wants to raise either a point of order or to speak in personal explanation will be allowed to speak immediately. A point of order must relate to an alleged breach of a standing order or statutory provision and the member must say which standing order or statutory provision has been broken and in what way. A member may only speak in personal explanation to clarify remarks made by him/her earlier in that debate which appear to him/her to have been misunderstood.
(5) In seconding a motion or amendment any member may reserve his/her right to speak until later in the debate.
(6) Any member who has spoken in any debate may only speak again if it is:
(7) In any debate the mover of a motion under standing order 14 has a right to speak immediately before the motion is voted on (a 'right of reply'). If there is an amendment to that motion the mover of the amendment also has a right of reply - immediately before the mover of the motion. Where an amendment is moved to a minute the mover of the amendment shall have a right of reply immediately before the appropriate Executive Member or Chairman who is moving the adoption of his/her minutes in accordance with standing order 13(2). The appropriate Executive Member or Chairman cannot speak on an amendment to a minute until that time.
16 Length of Speeches Unless the Council decides otherwise, the length of speeches will be as set out below:
(a) on a minute or other matter relating to the Executive, by the Leader or an Executive Member : 7 minutes
(b) on a minute or other matter relating to any other committee, by the Chairman of that committee or the relevant 'spokesperson' of the main Party Groups serving on that Committee: 7 minutes
(c) by the mover of a motion to remove the 'star' from a minute to enable an amendment to that minute to be considered by the Council: 3 minutes.
[Such a motion shall be formally seconded without any further speech by the seconder]
(d) by the mover of any other motion or an amendment: 7 minutes
(e) by the mover of a motion or an amendment exercising his/her right of reply: 3 minutes
(f) by a Member attending a meeting of a committee under standing order 8(1) or 25: 7 minutes
(g) all other speeches: 5 minutes
17 Written Questions: Council Meetings
(1) A member of the Council may ask the Leader, appropriate Executive Member or Chairman of any other Committee a question about any matter or subject on which the Council has powers or duties or which affects the County as a whole.
(2) If the meeting is a special meeting questions must relate to the matter to be discussed at that special meeting. Similarly, questions at the budget meeting must relate to the annual estimates for the year in question.
(3) A question must be delivered to the Chief Executive's office, in writing, fax or email, by the member asking it, by 12.00 noon on the fourth working day before the meeting at which it is to be asked.
(4) Questions will be printed in the order they were received and circulated to members before the Council meeting starts, together with the answers to those questions (unless an oral answer is to be given). Copies will also be sent to members who are not able to attend the meeting.
(5) There will be no discussion about any question so dealt with except that a member who has submitted a question is entitled to ask one supplementary question arising from that question and answer and to receive a further answer.
Provided that if a Member considers that the answer does not fully address the question, he/she may also ask for a full and written answer to be provided to all Members of the Council.
(6) If any reply indicates that the subject matter of the question is to be considered by the Executive or a committee, the member who asked the question will be told by the Chief Executive of the date and time that the Executive or committee will consider the question. The member will be regarded as having given notice to place that item on the agenda under standing order 23(2).
(7) 'Question Time' shall not exceed thirty minutes. If however an oral answer has been given within the time limit, the member who asked the question has the right to ask a supplementary question and to receive an answer. If a question to which an oral answer was to have been given has not been reached within the time limit, a written answer will be sent by the Chief Executive to all members of the Council as soon as is practicable.
(8) The Chairman of the Council may rule questions or supplementary questions 'out or order' if in his/her view they are irrelevant, frivolous or derogatory to the dignity of the Council.
(9) A member of the Council may also ask the Leader or any person nominated by the Devon and Cornwall Police Authority or by the Devon Combined Fire Authority any question on the discharge of the functions of that Authority.
18 Disorderly Conduct
(1) If a member persistently ignores or disobeys the ruling of the Chairman or behaves irregularly, improperly or offensively or deliberately obstructs the business of the meeting any other member may move 'That the member named be not further heard' which, if seconded, must be put to the vote without discussion.
If the same member continues to misbehave the Chairman will either move 'that the member named do leave the meeting' (in which case the motion shall be determined without seconding or discussion) or adjourn the meeting for such time as he/she thinks fit.
(2) If a motion, 'that the member named do leave the meeting' is approved by a meeting the Chairman will then order the member concerned to leave the room for the rest of the meeting. If the member refuses to go the Chairman can order that he/she be removed.
(3) In the event of general disturbance by members which the Chairman believes will prevent the business of the meeting being carried out properly, he/she can adjourn the meeting immediately for whatever period he/she thinks fit.
19 Disturbance by Members of the Public
If any member of the public interrupts a meeting the Chairman will warn him/her. If that person continues to interrupt or disrupt proceedings the Chairman may order him/her to leave or be removed from the room. If there is a general disturbance in that part of the room open to the public the Chairman may order that part to be cleared and, if he/she considers it necessary, may adjourn the meeting whilst this action is taken.
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