Appendix 1: PROPOSED AMENDMENTS TO PART 3.2 - PROCEDURE RULES FOR MEETINGS OF FULL COUNCIL, COMMITTEES AND SUB-COMMITTEES

 

Proposed insertions shown in red and deletions shown with tracked changes

 

Rule 8: Notices of Motion

 

Procedural Requirements

8.1 Notice of every motion, other than a motion which under Procedure Rule 13 may be moved without notice, shall be given in writing. It shall be signed by not fewer than two Members of the Council and delivered to the Chief Executive (see Procedure Rule 1.6) by not later than 10.00 am on the tenth ninth working day before the relevant Council meeting. 

 

Number of Notices of Motion

8.2 The maximum number of notices of motion to be presented at a Council meeting shall be as follows:

           

The three largest Political Groups:

-          2 1 per Group plus also 1 additional notice of motion per Group jointly with another Group

-          any other Group: 1

 

8.3 Any Member not belonging to a Political Group may present not more than 1 notice of motion, at the discretion of the Mayor.

 

8.4 Where Members of a Political Group submit more than the permitted maximum number of notices of motion, the Group shall decide which of these it wishes to table. In the absence of such a decision, notices of motion from members of a Political Group shall be taken in the order in which they are received, up to the permitted maximum number.

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Rule 9: Questions

 

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Oral Questions from Members

 

9.7      A period of not more than thirty minutes shall be allowed for oral questions from Members, at the expiry of which the meeting shall proceed to the next business.

 

9.8      If a Member of the Council wishes to ask an oral question at a meeting of the Council of: (a) the Mayor, (b) the Leader of the Council, (c) the Chair of any Committee or Sub-Committee (or in the Chair’s absence the Deputy Chair), or, (d) a Member of the Council appointed by the Authority to any external body or joint authority, they shall give notice in writing to the Chief Executive of the subject matter of question (see Procedure Rule 1.6) by not later than 10.00 am on the eighth working day before the meeting at which the question is to be asked.

 

9.9     Oral questions shall relate to only be allowed where they focus on matters of general policy only. Questions not focused on general policy, for instance questions of a technical or purely operational nature, will normally may be disallowed by the Mayor.or The Member to whom such a question is directed may decline to answer or state that a written answer will be provided.

 

9.10    In deciding whether a question is technical or operational in nature, as opposed to a matter of general policy, the Mayor and Members shall have regard to any guidance provided by the Monitoring Officer.

           

9.11    No more than one minute shall be allowed for the asking of each oral question and no more than three minutes shall be allowed for the response. Oral questions shall be taken in the following order:

-          Leader of the Official Opposition

-          Leader(s) of any other opposition Political Group(s) in order of diminishing numbers of Political Group members

-          Members of the Groups in order of diminishing size of the Political Group they belong to

 

9.12    Each Political Group shall submit to the Mayor in advance of the meeting the order in which they wish their questions to be taken. The Mayor shall have regard to, but not be bound by, these submissions. 

 

9.13   The Mayor shall allow an Independent Member to ask an oral question.

 

9.14    A Member may ask no more than one oral question at the same Council meeting. 

 

9.15    A Member asking an oral question (but no others) may ask one relevant supplementary question which shall be put and answered without discussion.

 

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Public Questions

 

Public Question Time

9.20    A period of not more than fifteen thirty minutes shall be allowed for questions submitted by a member of the public who either lives or works in the area of the Authority at each ordinary meeting of the Council and its Committees/Sub Committees. Any questions not dealt with within the 30 min period will receive a written response.

 

 

List of Questions

9.21   A list of the questions of which notice has been given shall be circulated to Members of the Council/Committee at, or before, the meeting at which they are to be asked, with priority being given to questions submitted by members of the public who have not asked such a question at any Council meeting in the previous six months.

 

Procedural Requirements

9.22   A public question shall be put at a Council/Committee meeting provided that: -

 

(a)       a copy of the question has been delivered to the office of the Chief Executive (see Procedure Rule 1.6) by not later than 12 noon on the second working day after publication of the agenda of the meeting at which it is to be put;

(b)       the name and address of the questioner is indicated on the question;

(c)       the questioner is present at the time when the question is put;

(d)       the questioner is not presenting a petition or deputation on the same,  or substantially the same, issue at the same meeting.

 

Length of Questions

9.23    A question shall not exceed 100 words in length. The Chief Executive, after consultation with the questioner, may summarise a question to comply with this requirement.

 

Formal Referral of Questions from full Council

9.24   If the Mayor considers that it would be more appropriate to do so, a question received for submission to Council may instead be referred to the relevant Committee or Sub-Committee (but not Joint-Committee) for answer and shall be dealt with in accordance with the Council’s Protocol for Public Questions at Committee and Sub-Committee meetings which forms Part 8.9 of the Constitution.

           

Waiver of Notice Requirement

9.25    If the Mayor/Chair considers that, by reason of special circumstances, it is desirable that a question shall be asked at a meeting of the Council/Committee although due notice of the question has not been given, and if the Mayor/Chair is satisfied that as much notice as is possible has been given to the person of whom it is to be asked, they may permit the question to be asked.

 

Putting Questions

9.26    Subject to CPR 9.21 above, questions will be asked in the order notice of them was received, except that the Mayor/Chair may group together similar questions. Any question shall be notified to the relevant Member of the Council/Committee and shall be put to such Member at the Council/Committee meeting by the questioner, who shall read the question out loud without additional comment.

 

 

Answers

9.27   Questions shall be put and answered without discussion, but the person to whom a question has been put may decline to answer. The person who asked the question may ask one relevant supplementary question, which must relate to the response received, which shall be put and answered without discussion.

 

Form of Answers

9.28   An answer may take the form of:-

 

(a)      a direct oral answer; or

(b)       where the desired information is contained in a publication of the Council, a reference to that publication; or

(c)        where the reply to the question cannot conveniently be given orally, a written answer given to the member of the public submitting the question and circulated to the Council.

 

9.29  No questioner may submit more than one question for answer at the same meeting.

 

9.30   Any question properly submitted but not dealt with at the Council meeting for reasons of insufficient time shall be answered in writing to the questioner as soon as reasonably practicable after the meeting.

 

 

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Rule 15: Rules of Debate (All Meetings)

 

General

15.1   The rules of debate in this Procedure Rule shall apply to all meetings of the Council, Committees and Sub-Committees.  In the case of Committees and Sub-Committees, however, the Council recognises that a greater informality may be exercised by the Chair in order to efficiently transact the business before the meeting.  Such informality shall be at the discretion of the Chair.

 

Seconding Motions and Amendments

15.2   A motion or amendment shall not be discussed unless it has been proposed and seconded.

 

Reserving Speech

15.3   When seconding a motion or amendment, a Member may reserve their speech until a later period of the debate by declaring their intention to do so.

 

Notice of Amendments

15.4   Copies of amendments will be prepared and circulated prior to the start of a  meeting only if such amendments are presented to the Chief Executive by 4pm 10am on the working day which precedes the meeting.  Amendments for which notice has not been given may be permitted at any time at the discretion of the Mayor or Chair if they consider it appropriate with regard to the complexity of the matter, the question of whether notice has been given as soon as is reasonably practicable and any other circumstances that appear to be relevant. Such amendments shall be put in writing unless the Mayor or Chair exercises their discretion to allow an amendment to be put orally.

 

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Rule 22: Urgency Sub Committees

22.1   Each Committee of the Council shall appoint an Urgency SubCommittee to exercise its powers. The membership of such Urgency Sub-Committee shall normally consist of the Chair of the Committee, as well as two other Members nominated by the Group Leader or Leaders as appropriate to meet the requirements for the allocation of seats between Political Groups.

22.2    A meeting of the Urgency Sub Committee may be called if the Committee Chair takes the view that it is not reasonably practicableappropriate to convene a full Committee meeting, having had regard to the importance of the business to be considered, the urgency of the decision and the need to avoid disproportionate inconvenience. A meeting of the Urgency Sub Committee may also be called where a majority of members decide to do so at an Ordinary or Special Committee meeting.

 

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Rule 24: Proceedings of Committees and Sub Committees

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24.3    Inclusion of Items on Council Agenda

a) Items for information shall relate to decisions made by the Committee under delegated powers. The Committee may determine that any agenda item is to be included in the report to Council. In addition, each minority Political Group represented on the Committee may specify one further item which shall be so included, by notifying the Chief Executive of the item not later than 10.00 am on the eighth working day before the Council meeting to which the report is to be made or, if the Committee meeting takes place after this deadline, immediately at the conclusion of the Committee meeting. Items referred for information under this provision are referred to Council for information only – not for further discussion. As such, they are not subject to call over and are not moved for discussion but are included in the agenda for information only.

b) Items for decision by Council shall be all those where a recommendation is made on matters falling outside the delegated powers of the Committee or where the Committee decides that the decision is to be made by the Council.