Contents
Part 1
Introduction
2
Rule 1: General
Provisions
2
Part 2: Meetings of the
Council 2
Rule 2: Annual
Meeting
3
Rule 3: Ordinary Meetings of the
Council
5
Rule 4: Extraordinary Meetings of
the Council
5
Rule 5: Person Presiding at
Meetings of the Council
6
Rule 6: Quorum of Meetings of the
Council
6
Rule 7: Order of Business at
Meetings of the Council
7
Rule 7A inclusion of proceedings
of Committees and Sub
Committees
9
Part 3: Notices of
Motion, Questions, Petitions and Deputations
10
Rule 8: Notices of Motion &
Member Questions
10
Rule 9:
Petitions
14
Rule 10:
Deputations
17
Part 4: Conduct of
Meetings
19
Rule 11:
Minutes
19
Rule 12: Motions and
Amendments
19
Rule 13: Written
Reports
21
Rule 14: Rules of
Debate
21
Rule 15: Termination of
Meeting
25
Part 5:
Miscellaneous
26
Rule 16: Prevention of Disorderly
Conduct
26
Rule 17: Exclusion of Public and
Press
27
Rule 18: Voting
27
General
27
Rule 19: Filming, Photographing,
Audio Recording at Council meetings
28
Rule 20:
Definitions
29
PART
3A PROCEDURE RULES FOR MEETINGS
OF FULL COUNCIL
Note: Annual Meetings of the Council take
place once a year as required by law. The Council also has
Ordinary Meetings (meetings on days scheduled in advance),
while Extraordinary Meetings (unscheduled meetings to
deal with matters that cannot wait until the scheduled Council
meeting) may also be called.
2.2
At the Annual Meeting, the Leader shall present to the Council a
List of Executive members (‘the List’) for insertion in
the Allocation of Responsibility for Functions: Cabinet published
as Part 2E of the Council’s Constitution. The List shall
include information regarding the following:
·
The Leader’s appointment of at least two and no more than
nine Members as members of the Executive and the portfolio holder
responsibilities and other delegations assigned to those
appointees.
·
The Leader’s appointment of at least one and no more than two
Deputy Leaders from the members of the Executive
2.3
The Leader shall hold office as Leader until one of the following
circumstances applies:
(a)
The Council holds its first meeting after the next whole Council
elections following their election as Leader; or
(b)
They resign from office; or
(c) They are
disqualified from office by resolution of the Council; or
(d)
They otherwise cease to be a Councillor.
2.4
If the circumstance in 2.3(a) applies, then the Council shall
appoint a new Leader at the same meeting of the Council. In all
other cases, that appointment shall be made at the first meeting of
the Council held after the circumstances arise.
2.5
Members who are appointed to the Executive by the Leader shall
continue in their roles on the Executive until one of the following
circumstances applies:
(a)
In the case of the Deputy Leader, the end of the term of office of
the Leader;
(b)
The Leader makes changes to the members of the Executive or to
their responsibilities*.
(c)
They are removed from office by the Leader;
(d)
They resign from office
(e)
They are disqualified from being councillors;
(f)
They otherwise cease to be councillors.
*Note: in any such case the Leader may make relevant changes with
immediate effect, thereafter presenting the changes to the Council
meeting for noting. Once the changes have been noted then the
Constitution shall be updated accordingly.
2.6
Between a whole Council Election and the day of the next
Annual Meeting then if the Leader has not been re-elected as a
Councillor or, if re-elected, the political party of which they are
member does not have the majority on the Council, the powers
of the Leader shall be exercised by the Head of Paid Services in
consultation with all Group Leaders.
Other
Business at the Annual Meeting of the Council
2.7
In addition to the appointment of Leader which shall take place at
the Annual Meeting in a year in which there is an ordinary election
of Councillors, the Annual Meeting will:
(a)
Elect a person to preside at the Annual Meeting if the Mayor is not
present;
(b)
Elect the Mayor’s appointment of the Deputy Mayor ;
(c)
Receive the results of the Local Government Elections (in an
election year);
(d)
Receive notification from the Leader of the Council of the
name(s)of the Member(s) appointed as their Deputy Leader (in an
election year)
(e)
Receive notification from the Leader of the Council of the number
of Members they are appointing to the Executive, their names and
their portfolios, which information shall be presented prior to its
publication in a Table inserted in the Allocation of
Responsibilities ;
(f)
Approve the minutes of the last meeting;
(g)
Receive any announcement from the Mayor;
(h)
Receive the Leader and portfolio holders’ announcements;
(i)
Receive any declarations of interests from Members;
(j)
Receive any apologies for absence
(k)
Establish Overview and Scrutiny Committees as well as such other
Committees as the Council considers appropriate to deal with
matters which are neither reserved to the Council nor are Executive
Functions
(l)
Appoint the Chair, Vice chair, members of committee making other
appointments to committees and boards and approving or report their
respective Terms of Reference.
(m)
Appoint and nominate representatives of outside bodies unless the
appointment has been delegated by Council
(n)
Receive reports from other committees and officers as required
(o)
Approve a programme of ordinary meetings of the Council for the
year; and
(p)
Consider any other business set out in the notice convening the
meeting.
2.8
The Council may at any time amend resolutions previously made under
Procedure Rule 2.7
Selection
of Councillors on Committees
2.9
At the Annual Meeting, the Councill will:
(a)
Decide which Committees to establish for the Municipal Year;
(b)
Decide the size and terms of reference of those Committees and
Sub-committees;
(c)
Decide the allocation of seats (and substitutes) to political
groups in accordance with the wishes of the Group leaders
(d)
Receive nominations and appoint Councillors to serve on each
Committee and sub-committee
(e)
Appoint a Chair and Vice Chair for each Committee as may be
appropriate for the Municipal Year;
(f)
Appoint independent members and co-optees to Committees as
appropriate
(g)
Make appointments to any joint Committees formed with other
authorities and to outside bodies.
3.3
Meetings of the Council shall take place at the time and place
stated on the summons. Following consultation with the Leaders of
each of the political groups and subject to compliance with the
Access to Information Rules which form of this Constitution, the
Mayor shall have the power to alter the venue, day and time if they
believe it to be appropriate for the conduct of the business of the
Council.
3.3
3.4
In exceptional circumstances after consulting the Mayor, the Head
of Governance and or the Monitoring Officer may cancel an ordinary
meeting of the Council either before or after the summons for the
meeting has been issued provided that reasons for the cancellation
are given.
4.2
If the Mayor is unable to act for any reason, the Deputy Mayor may
at any time call an Extraordinary Meeting of the
Council.
5.1
Any power of the Mayor in relation to the conduct of a meeting of
the Council may be exercised by the person presiding at the
meeting.
5.2
If it is necessary to choose a person to preside in the absence of
the Mayor and Deputy Mayor the Chief Executive shall invite
nominations and shall conduct the discussion in accordance with the
powers of the Mayor.
6.1
The quorum for Council meetings shall be fourteen.
6.2
If, at the beginning of or during any meeting of the Council, the
Mayor declares that there is not a quorum present, the meeting
shall stand adjourned for fifteen minutes.
6.3
If after fifteen minutes, the Mayor should declare that there is
still no quorum present, the meeting shall not take place or shall
end, as the case may be. Remaining business shall be considered at
a time and date fixed by the Mayor. If the Mayor does not fix a
date, the remaining business shall be considered at the next
Ordinary Meeting.
7.1
The order of business at every meeting of the Council shall
normally be:
(a) In the absence of the Mayor and Deputy Mayor to choose a
Member of the Council to preside;
(b) To receive declarations of interest;
(c) At the Annual Meeting, or at any other meeting
after the office of Mayor has become vacant, to elect a
Mayor;
(d) At the Annual Meeting, or at any other meeting after the
office of Deputy Mayor has become vacant, to elect a Deputy
Mayor;
(e) To approve as a correct record the minutes of the last
meeting of the Council, and of any earlier meeting of which the
minutes have not been already approved, and for the person
presiding to sign them;
(f) To receive communications from the
Mayor;
(g) To receive announcements from the Leader and/or relevant
Portfolio Holder
(h) Where the meeting has been requisitioned under Rule 4
above, to consider the business specified;
(h) To consider business expressly required by statute to be
decided by the Council;
(i) To receive Petitions and
e-Petitions;
(j) To allow the asking and answering of
questions from members of the public;
(k) To hear deputations from members of the
public;
(l) To consider Petitions to be debated by the
Council;
(m) To allow the asking and answering of questions by
Members;
(n) To consider items of business (if any) remaining from the
last meeting;
(o) To receive and consider any reports, minutes and
recommendations of the Council’s regulatory
Committees;
(p) To consider any reports of the Overview and Scrutiny
Committees referred to it for debate;
(q) To consider notices of motion;
(r) To consider any other business specified in the
summons for the meeting including business for which a motion to
exclude the press and public is to be put to the
Council.
7.2
Business at Extraordinary meetings of the Council shall be
restricted to:
(a)
The election of a person to preside if the Mayor is absent;
(b)
Any item of business specified by the Council, Mayor or Monitoring
Officer calling the meeting or specified in the requisition
presented by at least five Members of Council;
(c) Any
Petitions relating to items of business on the agenda which the
Mayor agrees to hear.
7.3
Announcements by the Leader and Portfolio Holders will be dealt
with at ordinary meetings of the Council in the following way:
(a)
A Leader and Portfolio Holders’ Announcements item will
appear on the Council’s order of business paper as a separate
item and the Leader and/or Portfolio Holders may give a short
summary statement updating the Council on matters of interest and
relevant issues which have come to the fore since the previous
meeting of the Council.
(b)
The Leader and Portfolio Holders’ Announcements will last no
more than 10 minutes in total.
7.4
The order of business outlined in Rule 7.1Error! Reference source not found.
above may be varied at the discretion of the Mayor or by resolution
of the Council.
Call Over (Reservation of Items for
Discussion)
7.7
Before the Council receives and considers any reports of
Committees, the items which appear on the agenda of the Council
meeting shall be called over item by item. A Member of the
Council wishing to speak on or vote against any item on the agenda
for Council may reserve it for debate immediately the number of the
item has been called. After the reports of Committees have
been called over, the Mayor shall put to the meeting in one motion
the reports of the Committees, with the exception of those items
which have been called and reserved and the Council shall vote on
the motion without discussion.
7.8
After Call Over has taken place and the wishes of the Members
indicated, no discussion shall be permitted on any part of the
reports which is not a ‘reserved item’.
Rule 7A: the inclusion of proceedings of Committees and
Sub-Committees on the Council’s agenda
7.9
Where a Committee so directs, reports of the proceedings of the
Committee shall be submitted to Council for reception. The relevant
Cabinet portfolio holder or such other member nominated by the
portfolio holder shall move the reception of such Committee
reports and any recommendations contained therein.
7.10
Committees may determine whether items are to be put to Council for
information or for decision by Council and the relevant Committee
report shall distinguish items for information and those for
decision by Council:
(a)
Items for information may be included on a Council Agenda where
they relate to decisions made by a Committee under delegated powers
(i.e. which are not for decision by full Council but for
information only). The process for this is indicated in the
Council’s Committee Procedure Rules, which provide that a
Committee may determine that any agenda item is to be included in
the report to Council. In addition, each minority Political
Group represented on any Committee may specify one further item
which shall be so included, by notifying the Chief Executive of the
item not later than 12 noon 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.
7.11
Items referred to full Council by a Committee may be reserved for
debate during call-over.
7.12
Any Committee or other body set up by the Council shall continue to
discharge the functions delegated to them until the Council
resolves otherwise.
7.13
Every person appointed as a voting Member of such a Committee or
Sub-Committee and every person appointed to exercise other
functions in relation to a Committee shall continue to act as such
until such time as the appointment is terminated by the
Authority.
7.14
The order of business set out in Procedure Rule 2 may be varied by
the Mayor.
a)
The
three largest Political Groups:
-
One
per Group plus also
-
One
additional notice of motion per Group jointly with another
Group
b)
Any
other Group: One
8.3
Any Member not belonging to a Political Group may present no more
than one notice of motion signed by a second Member, at the
discretion of the Mayor.
Substantive (not Declaratory)
Motions
Motions
Not to be Duplicated
8.7
The Mayor may reject a notice of motion on the grounds that it is
the same or substantially the same as any other notice of motion
which is being or has been put at any meeting of any
decision-making body of the Council in the previous six
months.
Written Questions from Members
Length of
Questions
8.12
All Member Questions (whether written or oral) are subject to
a 150 word limit.
8.14
If the Mayor considers that, by reason of special circumstances, it
is desirable that a question shall be asked at a meeting of the
Council although due notice of the question has not been given, and
if the Mayor 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.
8.15
The questions included on the list of questions at Procedure Rule
8.14 above shall be taken as read at the Council meeting. The
question will be answered by a written answer made available at the
Council meeting, although the person to whom the question has been
put may decline to answer it provided that they provide a written
reason for such a decision at that time. No supplementary questions
shall be permitted on written questions.
Form of
Answers
Oral Questions from Members
8.17
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.
8.18
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 1.5) by not
later than 10.00 am on the eighth working day before the meeting at
which the question is to be asked.
8.20
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 issued by the Monitoring
Officer.
8.21
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 number of
Group members
-
Members of any other
Groups in order of diminishing size of the Political Group they
belong to
8.22
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.
8.23
The Mayor shall allow an Independent Member to ask an oral
question.
8.24
A Member may ask no more than one oral question at the same Council
meeting.
8.25
A Member asking an oral question (but no others) may ask one
relevant supplementary question which shall be put and answered
without discussion.
Relevance of Oral and
Written Questions
8.26
Any Oral or Written Question asked by a Member under the preceding
provisions shall be relevant to some matter in relation to which
the Authority has functions, or which affects the area of the
Authority, or part of it, or some or all of the inhabitants of that
area, and does not relate to any personal or individual
matter.
9.1
Any Member of the Council or a member of the public may present a
Petition which has been submitted in accordance with the
Authority’s Petition Scheme, which forms Part 3F of the
Council’s Constitution.
9.2
All Petitions that Members or members of the public wish to present
for debate at full Council or to another of the Council’s
decision-making bodies shall be referred to Democratic Services no
less than ten working days in advance of the relevant meeting.
9.3
The Mayor shall have the discretion to take a late Petition if it
relates to an officer Report which is before the meeting for
consideration.
9.4
The presentation of any Petition shall be limited to not more than
three minutes, and shall be confined to reading out, or
summarising, the prayer of the Petition and indicating the number
and description of the signatories.
9.5
A Petition submitted to the Council in accordance with the
Petitions Scheme which has fewer than 1250 signatures shall be
received without discussion at a meeting of Cabinet or one of the
Council’s Committees or Sub Committees, whichever the Mayor
considers appropriate. The Member of the Council or member of the
public presenting the Petition shall be invited to attend the
relevant meeting and shall be informed subsequently of any action
taken or proposed in accordance with the requirements of the
Council’s Petitions Scheme.
9.6
A qualifying Petition with 1250 or more signatures will trigger a
debate at Council, if the petitioner wishes it.
9.7
A Petition which is compliant with Procedure Rule 9.6 above may be
debated at the meeting at which it is presented or at a later
meeting.
9.8
There shall be a guillotine of fifteen minutes on the debate at
full Council in relation to each individual Petition, after which
time the vote will be put unless the Mayor at their discretion
extends the debate.
Action following all Petitions
9.9
The Council will decide how to respond to the Petition and may
consider:-
·
To take the action the
Petition requests;
·
Not to take the action
the Petition requests for reasons stated in the debate;
·
To commission further
investigation into the matter prior to consideration at a future
meeting of the Council, which may include holding an inquiry or
public meeting, commissioning research or reference to a particular
Committee or body for their views;
·
To refer the Petition
to a relevant Committee or Sub-Committee, with
recommendations;
·
To note the
Petition
Public Questions
9.11
Questions will be published prior to the meeting. Any additional
questions received will be not be accepted.
9.12
Members of the public submitting questions may send a substitute to
ask their question if they are unable to attend the committee
meeting. The Head of Democratic Services should be made aware of
this prior to the start of the meeting.
9.13
Any questions that are not answered at the meeting will be given a
written response at the discretion of the Leader.
9.14
A list of the questions of which notice has been given shall be
circulated to Members of the Council 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 a question at
a meeting of any decision-making body of the Council in the
previous six months.
9.15
A public question shall be put at a Council meeting provided
that:-
(a)
a copy of the question has been delivered to the office of the
Chief Executive (see Procedure Rule 1.5) by not later than 10am eight
working days before 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 (or if not available, their nominated substitute) 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.
9.16
A question shall not exceed 150 words in length. The Chief
Executive, after consultation with the questioner, may summarise a
question to comply with this requirement.
9.17
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 Cabinet or one of the Council’s regulatory
Committees for answer.
9.18
If the Mayor considers that, by reason of special circumstances, it
is desirable that a question shall be asked at a meeting of the
Council although due notice of the question has not been given, and
if the Mayor 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.
9.19
Questions will be asked in the order notice of them was received,
except that the Mayor may group together similar questions. The
Leader will determine the relevant Member for a response. All
questions shall be notified to the relevant Member and shall be put
by being read out loud without additional comment.
9.21
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.
10.1
A period of no more than fifteen minutes shall be allowed at each
Ordinary Meeting of the Council for the hearing of Deputations from
members of the public.
10.2
A Deputation shall be heard provided that by no later than 10am on
the eighth working day before the relevant Council meeting:
(a) notice
has been given to the Chief Executive in accordance with Procedure
Rule 1.5, which complies with paragraphs
(b) to (d) below;
(b) the
subject matter and substance of the Deputation is notified in
writing in the form of a written summary. A Deputation shall not
exceed one side of A4 in length. Accompanying material may be
supplied and should comprise no more than 2 sides of A4
paper;
(c) the
names, addresses and organisation (if any) of the persons forming
the deputation, to be a minimum of five and no more than twelve,
indicating which one person (or if not available, their nominated
substitute) is to speak, are notified in writing (note - the
addresses of those persons forming the Deputation will not be
published by the Council, but details of the ward(s) in which they
are located will be circulated to the Council meeting);
(d)
A person forming the
Deputation is not presenting a Petition or question on the same, or
substantially the same, issue at the same meeting.
10.3
Each Deputation may be heard for a maximum of five minutes
following which one Member of the Council, nominated by the Leader,
may speak in response. It shall then be moved by the Mayor
and voted on without discussion that the Deputation be thanked for
attending and its subject matter noted.
10.4
Where a decision is made to refer a Deputation heard at the Council
meeting to any other decision-making body of the Council then the
persons forming the Deputation shall be invited to attend any
meeting to which it is referred; and shall be informed subsequently
of any action taken or proposed in relation to the matters set out
in the deputation.
Rejection of Public
Questions, Petitions and Deputations and Member
Questions
10.5
The Chief Executive or Mayor may reject a Petition, Deputation,
Public or Member Question if, following consultation with the
Monitoring Officer, it is in their opinion:
·
not about a matter for
which the Authority has a responsibility or which affects Brighton
& Hove;
·
a situation where the
meeting to which the Petition, Deputation, Public or Member
Question has been addressed is not the appropriate
forum;
·
defamatory, frivolous
or vexatious;
·
the same, or
substantially the same, as a Petition, Deputation, Public or Member
Question which has been put at any meeting of the Council, Cabinet,
or any of the Council’s Committees in the past six
months;
·
requires the
disclosure of confidential or exempt information;
·
from a member of staff
on matters affecting them as employees; or
·
otherwise
inappropriate.
10.6 If
the Chief Executive or Mayor rejects a Petition, Deputation or
Public or Member Question, then their decision is final.
11.2
The Mayor shall put the question that the minutes submitted to the
meeting be approved as a correct record.
11.3
No discussion shall take place upon the minutes, except upon their
accuracy. Any question as to accuracy shall be raised by
motion. The Mayor or Chair shall then sign the minutes.
11.4
The minutes shall record the names of Members present and any
decisions taken at the meeting.
11.5
Where in relation to any meeting, the next meeting for the purpose
of signing the minutes is a meeting called under paragraph 3 of
schedule 12 to the Local Government Act 1972 (an Extraordinary
Meeting), then the next following meeting (being a meeting called
otherwise than under that paragraph) will be treated as a suitable
meeting for the purposes of paragraphs 41(1) and (2) of schedule 12
of the above Act relating to signing of minutes.
(a) to
elect in the event of a vacancy a Mayor, or Deputy Mayor to appoint
a person to preside at the meeting at which the motion is
made;
(b)
motions relating to the accuracy of the minutes;
(c)
motions relating to a change in the order of business;
(d)
motions extending the time limit for speeches;
(e)
“that the Council proceed to the next
business”;
(f)
“that the question be now put”;
(g)
“that the debate be now adjourned”;
(h)
“that the Council do now adjourn”;
(i)
motions as to the termination of meetings;
(j)
motions relating to the suspension of these Procedure Rules without
notice;
(k)
motions to exclude the public from a meeting where there is likely
to be otherwise disclosure of exempt or confidential information,
in accordance with the Access to Information Procedure Rules set
out in Part 3E of the Constitution;
(l)
motions giving consent of the Council where it is required under
these Procedure Rules;
(m)
motions to appoint a Committee or Member arising from an item on
the summons for the meeting;
(n)
motions to refer a Petition which has been presented to the Council
or any other matter to a Committee or Sub-Committee or other
appropriate body or individual for consideration;
(o)
motions relating to Deputations.
An amendment shall be either to refer the matter to Cabinet, a
Committee, Sub-Committee or an officer for consideration, to leave
out some or all words, or to insert or to add other
words.
Negating
amendments
12.4
Any amendments including an omission, insertion or addition of
words shall not have the effect of simply negating the motion
before the meeting. A negating amendment is one which – while
on the same subject as the original motion - would if passed
generate the same outcome as a simple vote against the proposal. It
would nullify the proposal in its entirety, resulting in no change
to the status quo.
(a) alter
a motion of which they have given notice;
(b) with
the further consent of the seconder, alter a motion which has been
moved and seconded; if the alteration is one which could be made as
an amendment.
13.1
No report upon which decisions are proposed to be made shall be
taken at any meeting of the Council unless it is in writing.
13.2
Verbal amendments and additions to written reports may only be made
by Members in accordance with these Rules (notice of amendments,
and amendments not to have effect of negating the motion)
13.3
With the agreement of the Mayor,
then unless any Member objects, officers may revise or modify
recommendations to reports where it is considered necessary
to do so to ensure technical accuracy or to facilitate an agreed
outcome.
13.4
Where Petitions, Motions or Deputations are referred unaccompanied
by a written report, the Council may discuss the relevant item in
general terms and note the same, or ask for an officer report on
the matter. No decision which requires the Council to take
substantive action or incur expenditure may be taken in response to
a request in a Petition, Notice or Deputation or otherwise, in the
absence of an officer report.
14.8
When speaking, all Members shall address the Mayor.
·
A point of order shall relate only to an alleged breach of a
specified statutory provision or a specified Procedure Rule, and
the way in which the Member raising it considers that it has been
broken.
·
A personal explanation shall be confined to some material
part of the speech by the Member which may appear from the current
debate to have been misunderstood.
14.11
A Member who has already had two
points of order ruled as inadmissible by the Mayor shall not
normally be permitted to raise a third point of order at the same
meeting.
(a) to withdraw or amend the motion;
(b) a closure motion under the next
paragraph;
(c) a motion dealing with the prevention of
disorder;
(d) a motion to exclude the press and
public.
(a) “that the meeting proceed to the next
business”. The person presiding shall permit the mover of
the original motion to reply, and then put to the vote the motion
to proceed to the next business; if that motion is carried the
original motion shall lapse;
(b) “that the question be now put”.
If the person presiding is of the opinion that the matter before
the meeting has been insufficiently discussed they may refuse to
accept the motion; if they accept the motion, they shall put to the
vote forthwith the motion that the question be now put; if this is
carried, they shall permit the mover of the original motion (at
meetings of the Council) any right of reply to which they are
entitled and then put that motion to the vote;
(c) “that the debate be now
adjourned” or “that the meeting do now
adjourn”. If the person presiding is of the opinion
that the matter before the meeting has been sufficiently discussed,
they may refuse to accept either of these motions, and instead put
the motion that the question be now put; if they are of the opinion
that the matter has not been sufficiently discussed and cannot
reasonably be sufficiently discussed on that occasion, they shall
put the adjournment motion to the vote without giving the mover of
the original motion a right of reply on that occasion; the original
motion or remaining business shall then stand over as uncompleted
business until the next meeting of the Council.
14.16 When a Member is
speaking, the other Members shall remain seated, unless rising to a
point of order or in personal explanation.
(a) to speak once on an amendment
moved by another Member;
(b) if the motion has been amended
since they last spoke, to move a further amendment;
(c) if their first speech was
on an amendment moved by another Member, to speak on the main
issue, whether or not the amendment to which they spoke was
carried;
(d) in exercise of a right of reply
or within a closure motion debate;
(e) on a point of order or by way of
personal explanation
15.1
Without prejudice to Procedure Rule 15.2 below, when a period
of four hours excluding adjournments has elapsed since the
commencement of a meeting of the Council, the Mayor shall move,
without comment, that the meeting ends and that business be
concluded in accordance with Procedure Rule 15.5.
15.3
The Mayor may refuse to accept the motion moved under Procedure
Rule 15.2 above if a similar motion has been rejected earlier in
the same meeting.
15.4
If a motion under Procedure Rule 15.2 is accepted, it shall be
seconded and put to a vote without comment.
15.5
If the motion under Procedure Rule 15.1 or 15.2 is passed then
immediately after the vote (in the case of a motion under rule
Procedure Rule 15.1) or when the time specified in the motion
arrives (in the case of a motion under Procedure Rule 15.2):
(a)
no further points of
order shall be raised except by the Mayor;
(b) the
Mayor shall then interrupt the discussion of the question then
before the meeting;
(c) unless
the mover of the motion then under discussion seeks leave to
withdraw that motion, the Mayor shall allow them to reply to the
debate for not more than three minutes;
(d) unless
the motion then under discussion is withdrawn, the Mayor shall put,
without further discussion, all the questions necessary to dispose
of that motion;
(e) the
Mayor shall put, without discussion, all the questions necessary to
complete consideration of any reports which remain on the agenda
for the meeting, unless the Committee Chair (or a person on their
behalf) indicates a wish to the contrary;
(f)
the Mayor shall call each Member who has given notice of a motion
to be moved at that meeting to move the motion (unless previously
withdrawn) without comment, shall permit any motions so moved to be
seconded without comment, and shall forthwith put any motions to
the vote;
(g)
finally, the Mayor shall close the meeting.
Part 5:
Miscellaneous
(a) they may direct the Member to refrain
from speaking during all, or part, of the remainder of the
meeting;
(b) they may direct the Member to withdraw
from all, or part, of the remainder of the meeting;
(c) they may order the Member to be removed
from the meeting;
(d) they may adjourn the meeting for
fifteen minutes or such period as shall seem expedient to
them.
16.5
Procedure Rule 16.4 above does not apply where a Member has
been granted a dispensation in accordance with the Code of Conduct
for Members.
18.3
The specified number of Members is one-fifth of the Members
entitled to vote at the meeting – so eleven for Council
meetings.
18.7
If there is a requisition under Procedure Rule 18.2 for a
recorded vote on the appointment of candidates, Procedure Rule 18.5
shall apply without the requirement to put the names of those
nominated in alphabetical order of surname. Each Member shall
instead be asked to indicate their preferred candidate when their
name is called. The rest of the requirements under Procedure Rule
18.5 shall apply.
(i)
Any mobile
communications devices are kept in silent mode throughout the
meeting;
(ii)
There is no use of any
voice facility to make calls, receive calls or check voice messages
and only text or non-voice uses are made of mobile
phones.
19.3
The recording of proceedings by authorised personnel for the
purposes of web-casting shall be permitted, providing that the
Mayor or person presiding at the meeting may withdraw such
authorisation if they consider it not to be conducive to the
efficient despatch of business.
19.4
There shall be no recording or transmission:
(i) of
any part of a meeting from which the public is excluded pursuant to
a resolution passed in accordance with Section 100A(2) or (4) of
the Local Government Act 1972 as amended;
(ii) if exempt
or confidential business is discussed;
(iii)
if the person presiding at the meeting orders that all mobile
phones be switched off and any audio recording cease.
20.1
In these Procedure Rules, unless the context otherwise demands, the
following terms have these meanings:-
“Authority” - Brighton & Hove City
Council
“Committee or Sub-Committee” - any Committee or
Sub-Committee of Brighton & Hove City Council, including its
regulatory Committees and its Overview & Scrutiny
Committees
“Council” - Brighton & Hove City Council, sitting
as the Full Council
“Executive Member” shall have the same meaning as
“Cabinet Member2 and “Portfolio Holder”: a Member
appointed to the Executive by the Council’s Leader, who has
delegated responsibilities as outlined in the Allocation of
Responsibility for Functions: Cabinet at Part 2E of the
Constitution
“Group Leader” -
the Leader of a political group as defined in the Local Government
(Committees and Political Groups) Regulations 1990
“Leader of the Council” - the Leader of the Council
appointed in accordance with Procedure Rule 2.1
“Mayor” –the member appointed in accordance with
Procedure Rule 2.2 or a member acting in the capacity of the Mayor
in accordance to Procedure Rule 5.
“Meeting” - a meeting of the Council, a Committee or
Sub-Committee as the case may be
“Member” - a Member of the Council
“Minority Group” - a political Group which is not the
majority group, or in any other case designated as such by a
resolution of the Council
“Monitoring Officer” - the person designated under
Section 5 of the Local Government & Housing Act 1989
“Motion to exclude the press and public” - a motion
under Section 100A of the Local Government Act 1972
“Political Group” - a political group as defined by the
Local Government (Committees and Political Groups) Regulations
1990
“Sub-Committee” - a
Sub-Committee of Brighton & Hove City Council,
20.2
Unless the context otherwise requires, the singular includes the
plural and the plural includes the singular.