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COUNCIL PROCEDURE RULES
CONTENTS
Rule Page
1. Annual meeting of the Council
2. Ordinary meetings
3. Extraordinary meetings
4. Appointment of substitute Members of Committees and Sub-Committees
5. Time and place of meetings
6. Notice of and summons to meetings
7. Chair of meeting
8. Quorum
9. Duration of meeting
10. Questions by the public
11. Questions by Members
12. Motions on notice
13. Motions without notice
14. Rules of debate
15. State of the area debate
16. Previous decisions and motions
17. Voting
18. Minutes
19. Exclusion of public
20. Members' conduct
21. Disturbance by public
22. Suspension and amendment of Council Procedure Rules
23. Application to Cabinet, Committees and Sub-Committees
(NOTE: THE RULES IN BOLD TYPE ALSO APPLY TO THE CABINET, COMMITTEES AND SUB-COMMITTEES)
1. ANNUAL MEETING OF THE COUNCIL
1.1 Timing and business
Leader and Cabinet
In a year when there is an ordinary election of Councillors, the annual meeting will take place within 21 days of the retirement of the outgoing Councillors. In any other year, the annual meeting will take place on the third Thursday in May.
The annual meeting will:
(i) elect a person to preside if the Mayor (chairman) of Council is not present;
(ii) elect the Mayor (chairman) of Council;
(iii) elect the Deputy Mayor (vice chairman) of Council;
(iv) approve the minutes of the last meeting;
(v) receive any announcements from the Mayor (chairman) and/or Head of the Paid Service;
(vi) agree the number of Members to be appointed to the Cabinet and appoint those Members of the Cabinet; the rules of political balance shall apply;
(vii) elect the Leader and Deputy Leader from Members of the Cabinet;
(viii) appoint at least one Overview and Scrutiny Committee, a Standards Committee and such other Committees as the Council considers appropriate to deal with matters which are neither reserved to the Council nor are Cabinet functions (as set out in Part 3, Table 1 of this Constitution)];
(ix) agree and note a comprehensive scheme of delegation to officers;
(x) approve a programme of ordinary meetings for the year; and
(xi) consider any business set out in the notice convening the meeting.
1.2 Selection of Councillors on Committees and Outside Bodies
At the Annual Meeting, the Council meeting will:
(i) decide which Committees to establish for the municipal year;
(ii) decide the size and terms of reference for those Committees;
(iii) decide the allocation of seats to political groups in accordance with the political balance rules;
(iv) receive nominations of Councillors to serve on each Committee and outside body; and
(v) appoint to those Committees and outside bodies except where appointment to those bodies has been delegated by the Council.
2. ORDINARY MEETINGS
Ordinary meetings of the Council will take place in accordance with a programme decided at the Council's Annual Meeting. Subject to the notes below, business at ordinary meetings will, in the following order, be to:-
(i) elect a person to preside if the Mayor (Chairman) and the Deputy Mayor
(Vice-Chairman) are not present;
(ii) approve the minutes of the last meeting;
(iii) receive any declarations of interest from Members;
(iv) receive any announcements from the Mayor, Leader, Members of the Cabinet or the Head of Paid Service;
(v) receive questions from, and provide answers to, the public in relation to matters which in the opinion of the person presiding at the meeting are relevant to the business of the meeting;
(vi) deal with any business outstanding from the last Council meeting;
(vii) consider and debate any reports from the Cabinet;
(viii) consider and debate any reports from any of the Council's Committees;
(ix) consider motions
(x) consider any questions received under Rule 11;
(xi) receive reports about and receive questions and answers on the business of any joint arrangements and external organisations;
(xii) consider any other business specified in the summons to the meeting.
NOTES:
(a) The items relating to proposing the budget and the setting of the Council Tax for the next financial year shall be the first main items on the Agenda for that particular meeting.
(b) Apart from items (i), (ii) and (iii) above, the Agenda may be varied by the Mayor or the person presiding at the meeting at his/her discretion.
3. EXTRAORDINARY MEETINGS
3.1 Calling extraordinary meetings
Those listed below may request the proper officer to call Council meetings in addition to ordinary meetings:
i) the Council by resolution;
;ii) the Mayor or the Deputy Mayor if the office of Mayor is vacant, or the Mayor is not available;
iii) the Leader or the Deputy Leader if the office of Leader is vacant, or the Leader is not available
iv) the Monitoring Officer; and
v) any five Members of the Council if they have signed a requisition presented to the Mayor under Rule 3.1(ii) above and he/she has refused to call a meeting or has failed to call a meeting within seven days of the presentation of the requisition.
4. APPOINTMENT OF SUBSTITUTE MEMBERS OF COMMITTEES AND
SUB-COMMITTEES
4.1 Allocation
As well as allocating seats on Committees and Sub-Committees, the Council may if it so decides allocate seats in the same manner for substitute Members.
Note: Council agreed at its meeting on 17th February 2005 that having regard to the views and recommendations of the Standards Board for England and the observations of the Monitoring Officer, no substitute members be appointed to the Standards Committee. The Council's Procedure Rules governing the appointment of Substitute members therefore do not apply to the Standards Committee or any Standards Sub-Committee.
4.2 Number
For each Committee or Sub-Committee, the Council may if it so decides appoint the same number of substitutes in respect of each political group as that group holds ordinary seats on that Committee or Sub-Committee, up to a maximum of one per Member.
4.3 Powers and duties
Substitute Members when acting will have all the powers and duties of any ordinary Member of the Committee but will not be able to exercise any special powers or duties exercisable by the person they are substituting. If the ordinary member named in the notice given in Rule 4.4 below is the Chairman of the relevant Committee if absent, the first item of business shall be the appointment of a Chairman for the meeting.
4.4 Substitution
(a) Substitute Members may attend meetings in that capacity only:
(i) to take the place of the ordinary Member for whom they are the designated substitute;
(ii) where the ordinary Member will be absent for the whole of the meeting; and
(iii) after notifying the Council Manager at least half an hour before the commencement of the meeting of the intended substitution.
(b) A substitute member taking the place of an ordinary member attends as a member of the committee for the whole of the meeting for which he/she is the designated substitute and also in the event of any adjournment of the meeting for the whole of the reconvened meeting.
(c) The ordinary member is not permitted to attend as a member of the Committee for part of or the whole of the relevant Committee meeting where a designated substitute on his or her behalf has been notified to the Council Manager in accordance with 4.4 (a) (iii) above.
5. TIME AND PLACE OF MEETINGS
A programme of meetings will be determined by the Council at its Annual Meeting. The date and time of any special meetings of the Council will be determined by the Mayor, or in his/her absence, the Deputy Mayor. The date and time of any special meetings of Committees will be determined by the appropriate Chairman or, in his/her absence, the Vice-Chairman; the date and time of any special etings of the Cabinet by the Leader or, in his/her absence, the Deputy Leader. Any Committee or its Chairman, the Cabinet or its Leader, is authorised to vary the programme if it is in the interests of the Council. The place of meetings will be determined by the Council Manager.
6. NOTICE OF AND SUMMONS TO MEETINGS
The Council Manager will give notice to the public of the time and place of any meeting in accordance with the Access to Information Rules. At least five clear days before a meeting, the Council Manager will send a summons signed by him or her by post to every Member of the Council or leave it at their usual place of residence. The summons will give the date, time and place of each meeting and specify the business to be transacted, and will be accompanied by such reports as are available.
7. CHAIR OF MEETING
The person presiding at the meeting may exercise any power or duty of the Mayor. Where these rules apply to the Cabinet, Committee and Sub-Committee meetings, references to the Mayor also include the chairman of Committees and Sub-Committees, and the Leader.
8. QUORUM
The quorum of a meeting will be one quarter of the whole number of Members, subject to a minimum of three at meetings of the Cabinet or a Committee and two at meetings of a Sub-Committee except in the case of any Sub-Committee of the Standards Committee where the quorum shall not be less than three. Separate arrangements apply to the Joint Personnel Consultative Committee and the Joint Health and Safety Consultative Committee (see the Procedural Rules for these Committees). During any meeting if the Mayor counts the number of Members present and declares there is not a quorum present, then the meeting will adjourn immediately. Remaining business will be considered at a time and date fixed by the Mayor. If he/she does not fix a date, the remaining business will be considered at the next ordinary meeting.
9. DURATION OF MEETING
All meetings must end at or before 9.30 p.m. and this rule cannot be suspended by Committees or the Cabinet. The Council will only suspend this rule on rare occasions when circumstances justify so doing. The motion to suspend this rule must be seconded and put to the vote without discussion.10. QUESTIONS BY THE PUBLIC
10.1 General
Members of the public may ask questions of Members of the Cabinet at ordinary meetings of the Council. The appropriate Member shall answer the question immediately after it is put. The total time allocated to questions and answers shall not exceed 15 minutes unless the Mayor, in his/her discretion, extends that time for the purpose of answering the last question put before the expiration of such period of 15 minutes.
10.2 Order of questions
Questions will be asked in the order notice of them was received, except that the Mayor may group together similar questions.
10.3 Notice of questions
A question may only be asked if notice has been given by delivering it in writing or by electronic mail to the Council Manager no later than midday three clear working days before the day of the meeting. For clarification purposes, if the meeting is to be held on a Monday, the questions must be delivered to the Council Manager not later than 12 noon on the Tuesday prior to the meeting. Each question must give the name and address of the questioner.
A Member may not ask a question about any matter in respect of which he/she has a personal and prejudicial interest.
10.4 Number of questions
At any one meeting no person may submit more than two questions and no more than two such questions may be asked on behalf of one organisation.
10.5 Scope of questions
The Council Manager may reject a question if it:
- is not about a matter for which the local authority has a responsibility or which affects the borough;
- is defamatory, frivolous or offensive;
- is substantially the same as a question which has been put at a meeting of the Council in the past six months; or
- requires the disclosure of confidential or exempt information.
10.6 Record of questions
The Council Manager will enter each question in a book open to public inspection and will immediately send a copy of the question to the Member to whom it is to be put. Rejected questions will include reasons for rejection.
Copies of all questions will be circulated to all Members and will be made available to the public attending the meeting.
10.7 Asking the question at the meeting
The Mayor will invite the questioner to put the question to the Member named in the notice. If a questioner who has submitted a written question is unable to be present, they may ask the Mayor to put the question on their behalf. The Mayor may ask the question on the questioner's behalf, indicate that a written reply will be given or decide, in the absence of the questioner, that the question will not be dealt with.
If the Member named in the notice and to whom the question is to be put has a prejudicial interest in the subject matter of the question he/she must declare that prejudicial interest and leave the meeting room. In this circumstance the question will be answered by the Mayor or by another member.
10.8 Supplementary question
A questioner who has put a question in person may also put one supplementary question without notice to the Member who has replied to his or her original question. A supplementary question must arise directly out of the original question or the reply. The Mayor may reject a supplementary question on any of the grounds in Rule 10.5 above.
If a member is asked a supplementary question and that Member has a prejudicial interest in the subject matter of the supplementary question he/she must declare that prejudicial interest and leave the meeting room. In this circumstance the question will be answered by the Mayor or by another Member.
10.9 Written answers
Any question which cannot be dealt with during public question time, either because of lack of time or because of the non-attendance of the Member to whom it was to be put, will be dealt with by a written answer and a copy will be sent by electronic mail to all members of the Council.
If a Member to whom the question was to be put has a prejudicial interest in the subject matter of that question, he/she must not be involved in the preparation of the written answer. If the member concerned is in attendance at the meeting he/she will be required to declare a prejudicial interest in accordance with Rule 2 (iii) or as soon as they become aware of that interest.
10.10 Reference of question to the Cabinet or to a Committee
Unless the Mayor decides otherwise, no discussion will take place on any question, but any Member may move that a matter raised by a question be referred to the Cabinet or the appropriate Committee or Sub-Committee. Once seconded, such a motion will be voted on without discussion.
11. QUESTIONS BY MEMBERS
11.1 On reports of the Cabinet or Committees
A Member of the Council may subject to him/her not having a prejudicial interest in the item, ask the Leader, Portfolio Holder or the Chairman of a Committee any question without notice upon an item of the report of the Cabinet or a Committee when that item is being received or under consideration by the Council.
11.2 Questions on notice at full Council
Subject to Rule 11.4, a Member of the Council may ask:
- the Mayor;
- a Member of the Cabinet; or
- the Chairman of any Committee or Sub-Committee
a question on any matter in relation to which the Council has powers or duties or which affects the area.
11.3 Questions on notice at the Cabinet, Committees and Sub-Committees
Subject to Rule 11.4, a Member of the Cabinet, a Committee or Sub-Committee may ask the Leader or Chairman a question on any matter in relation to which the Council has powers or duties or which affect the Council's area and which falls within the terms of reference of the Cabinet, Committee or Sub-Committee.
11.4 Notice of questions
A Member may, subject to him/her not having a prejudicial interest in the item, only ask a question under Rule 11.2 or 11.3 if either:
(a) they have given notice of the question to the Council Manager either in writing or by electronic mail by at least 12 noon, five clear working days before the date of the meeting. For clarification, if the meeting is to be held on a Monday, the question must be delivered to the Council Manager not later than 12 noon on the Friday, the day of despatch of the agenda; or
(b) the question relates to urgent matters, they have the consent of the chairman to whom the question is to be put and the content of the question is given to the Council Manager by 9.00 a.m. on the day of the meeting.
11.5 Response
(i) An answer may take the form of:
(a) a direct oral answer;
(b) where the desired information is in a publication of the Council or other published work, a reference to that publication; or
(c) where the reply cannot conveniently be given orally, a written answer circulated later to the questioner and by electronic mail to all members of the Council. If the Member to whom the question was to be put has a prejudicial interest in the subject matter of that question, he/she will not be involved in the preparation of the written answer. The Member must declare his/her prejudicial interest in accordance with Rule 2 (iii) or as soon as they become aware of that interest.
(ii) If the Member to whom the question is put has a prejudicial interest in the subject matter of the question, he/she shall declare that prejudicial interest and leave the meeting room. In this circumstance the question will be answered by the Mayor or by another Member.
11.6
Supplementary question(i) A Member asking a question under Rule 11.2 or 11.3 may ask one supplementary question without notice of the Member to whom the first question was asked. The supplementary question must arise directly out of the original question or the reply.
(ii) If a Member is asked a supplementary question and that Member has a prejudicial interest in the subject matter of the supplementary question he/she must declare that interest and leave the meeting room. In this circumstance the question will be answered by the Mayor or another Member.
11.7 Chairman/Vice-Chairman of the Standards Committee
The Chairman (or in his/her absence the Vice-Chairman) of the Standards Committee may answer any questions raised by Members of the Council under Rules 11.1 – 11.3 above in respect of any matter which falls within the purview of the Standards Committee.
12. MOTIONS ON NOTICE
12.1 Notice
Except for motions which can be moved without notice under Rule 13, written notice of every motion must be delivered to the Council Manager either in writing and signed by at least five members who do not have a prejudicial interest in the matter or by electronic mail from at least five members who do not have a prejudicial interest in the matter not later than 12 noon five clear working days before the date of the meeting. For clarification, if the meeting is to be held on a Monday the motion must be delivered to the Council Manager not later than 12 noon on the Friday, the day of despatch of the agenda. These will be entered in a book open to public inspection.
12.2 Motion set out in agenda
Motions for which notice has been given will be listed on the agenda in the order in which notice was received, unless the Member giving notice states, in writing or by electronic mail, that they propose to move it to a later meeting or withdraw it.
12.3 Scope
Motions must be about matters for which the Council has a responsibility or which affect the area.
13. MOTIONS WITHOUT NOTICE
The following motions may be moved without notice:
(a) to appoint a chairman of the meeting at which the motion is moved;
(b) in relation to the accuracy of the minutes;
(c) to change the order of business in the agenda;
(d) to refer something to an appropriate body or individual;
(e) to appoint a Committee or Member arising from an item on the summons for the meeting;
(f) to receive reports or adoption of recommendations of Committees or officers and any resolutions following from them;
(g) to withdraw a motion;
(h) to amend a motion;
(i) to proceed to the next business;
(j) that the question be now put;
(k) to adjourn a debate;
(l) to adjourn a meeting;
(m) that the meeting continue beyond 9.30 p.m.
(n) to suspend a particular Council procedure rule;
(o) to exclude the public and press in accordance with the Access to Information Rules;
(p) to not hear further a Member named under Rule 21.3 or to exclude them from the meeting under Rule 21.4; and
(q) to give the consent of the Council where its consent is required by this Constitution.
14. RULES OF DEBATE
14.1 No speeches until motion seconded
No speeches may be made after the mover has moved a proposal and explained the purpose of it until the motion has been seconded.
14.2 Right to require motion in writing
Unless notice of the motion has already been given, the Mayor may require it to be written down and handed to him/her before it is discussed.
14.3 Seconder's speech
When seconding a motion or amendment, a Member may reserve their speech until later in the debate.
14.4 Content and length of speeches
Speeches must be directed to the question under discussion or to a personal explanation or point of order. No speech (except that by the Leader which may be unlimited in length when proposing the Budget) may exceed 5 minutes without the consent of the Mayor.
14.5 When a Member may speak again
A Member who has spoken on a motion may not speak again whilst it is the subject of debate, except:
(a) to speak once on an amendment moved by another Member;
(b) to move a further amendment if the motion has been amended since he/she last spoke;
(c) if his/her first speech was on an amendment moved by another Member, to speak on the main issue (whether or not the amendment on which he/she spoke was carried);
(d) in exercise of a right of reply;
(e) on a point of order; and
(f) by way of personal explanation.
14.6 Amendments to motions
(a) An amendment to a motion must be relevant to the motion and will either be:
(i) to refer the matter to an appropriate body or individual for consideration or reconsideration;
(ii) to leave out words;
(iii) to leave out words and insert or add others; or
(iv) to insert or add words
as long as the effect of (ii) to (iv) is not to negate the motion.
(b) Any ruling by the Mayor on whether or not an amendment to a motion amounts to negation of the motion shall be final and not open to debate or question.
(c) Only one amendment may be moved and discussed at any one time. No further amendment may be moved until the amendment under discussion has been disposed of.
(d) If an amendment is not carried, other amendments to the original motion may be moved.
(e) If an amendment is carried, the motion as amended takes the place of the original motion. This becomes the substantive motion to which any further amendments are moved.
14.7 Alteration of motion
(a) A Member may alter a motion of which he/she has given notice with the consent of the meeting. The meeting's consent will be signified without discussion.
(b) A Member may alter a motion which he/she has moved without notice with the consent of both the meeting and the seconder. The meeting's consent will be signified without discussion.
(c) Only alterations which could be made as an amendment may be made.
14.8 Withdrawal of motion
A Member may withdraw a motion which he/she has moved with the consent of both the meeting and the seconder. The meeting's consent will be signified without discussion.
No Member may speak on the motion after the mover has asked permission to withdraw it unless permission is refused.
14.9 Right of reply
(a) The mover of a motion has a right to reply at the end of the debate on the motion, immediately before it is put to the vote.
(b) If an amendment is moved, the mover of the original motion has the right of reply at the close of the debate on the amendment, but may not otherwise speak on it.
(c) The mover of the amendment has no right of reply to the debate on his or her amendment.
14.10 Motions which may be moved during debate
When a motion is under debate, no other motion may be moved except the following procedural motions:
(a) to withdraw a motion;
(b) to amend a motion;
(c) to proceed to the next business;
(d) that the question be now put without the right to reply;
(e) that the question be now put(f) to adjourn a debate;
(g) to adjourn a meeting;
(h) that the meeting continue beyond 9.30 p.m;
(i) to exclude the public and press in accordance with the Access to Information Rules; and
(j) to not hear further a Member named under Rule 21.3 or to exclude them from the meeting under Rule 21.4.
14.11 Closure motions
A Member may move, without comment, the following motions at the end of a speech of another Member:
(i) to proceed to the next business;
If a motion to proceed to next business is seconded and the Mayor thinks the item has been sufficiently discussed, he/she will give the mover of the original motion a right of reply on the procedural motion and then put the procedural motion to the vote.
(ii) that the question be now put without the right to reply;
If a motion that the question be now put without the right to reply is seconded and the Mayor thinks the item has been sufficiently discussed, he/she will put the procedural motion to the vote.
(iii) that the question be now put;
If a motion that the question be now put is seconded and the Mayor thinks the item has been sufficiently discussed, he/she will put the procedural motion to the vote. If it is passed he/she will give the mover of the original motion a right of reply before putting his/her motion to the vote.
(iv) to adjourn a debate; or
(v) to adjourn the meeting
If a motion to adjourn the debate or to adjourn the meeting is seconded and the Mayor thinks the item has not been sufficiently discussed and cannot reasonably be so discussed on that occasion, he/she will put the procedural motion to the vote without giving the mover of the original motion the right to reply.
14.12 Point of order
A Member may raise a point of order at any time. The Mayor will hear them immediately. A point of order may only relate to an alleged breach of these Council Rules of Procedure or the law. The Member must indicate the rule or law and the way in which he/she considers it has been broken. The ruling of the Mayor on the matter will be final and shall not e open to any debate, discussion or question.
14.13 Personal explanation
A Member may make a personal explanation at any time. A personal explanation may only relate to some material part of an earlier speech by the Member which may appear to have been misunderstood in the present debate. The ruling of the Mayor on the admissibility of a personal explanation will be final and shall not be open to any debate, discussion or question.
14.14 Chairman of the Standards Committee
(a) In respect of those motions on notice under Rule 12 which affect the duties and responsibilities of the Standards Committee the Chairman (or in his/her absence the Vice-Chairman) of that Committee may make a statement on the motion immediately after the motion has been moved and seconded, and before any debate commences.
(b) Prior to any reports or recommendations from the Standards Committee being moved under Rule 13, the Chairman (or in his/her absence the Vice-Chairman) of the Standards Committee may present and speak to those reports or recommendations and then request that they be formally moved and seconded.
15. STATE OF THE AREA DEBATE
15.1 Calling of debate
The Leader will call a State of the Area Debate annually on a date and in a form to be agreed with the Mayor.
15.2 Form of debate
The Leader will decide the form of the debate with the aim of enabling the widest possible public involvement and publicity. This may include holding workshops and other events prior to or during the State of the Area Debate.
15.3 Chairing of debate
The debate will be chaired by the Mayor.
15.4 Results of debate
The results of the debate will be:
(i) disseminated as widely as possible within the community and to agencies and organisations in the area; and
(ii) considered by the Leader in proposing the budget and policy framework to the Council for the coming year.
16. PREVIOUS DECISIONS AND MOTIONS
16.1 Motion to rescind a previous decision
A motion or amendment to rescind a decision made at a meeting of Council within the past six months cannot be moved unless the notice of motion is signed by at least ten Members.
16.2 Motion similar to one previously rejected
A motion or amendment in similar terms to one that has been rejected at a meeting of Council in the past six months cannot be moved unless the notice of motion or amendment is signed by at least ten Members. Once the motion or amendment is dealt with, no one can propose a similar motion or amendment for six months.
17. VOTING
17.1 Majority
Unless this Constitution provides otherwise, any matter will be decided by a simple majority of those Members voting and present in the room at the time the question was put.
17.2 Mayor’s casting vote
If there are equal numbers of votes for and against, the Mayor will have a second or casting vote. There will be no restriction on how the Mayor chooses to exercise a casting vote.
17.3 Show of hands
Unless a ballot or recorded vote is demanded under Rules 17.4 and 17.5, the Mayor will take the vote by show of hands, or if there is no dissent, by the affirmation of the meeting.
17.4 Ballots
The vote will take place by ballot if ten Members present at the meeting demand it. The Mayor will announce the numerical result of the ballot immediately the result is known.
17.5 Recorded vote
If five Members present at the meeting demand it, the names for and against the motion or amendment or abstaining from voting will be taken down in writing and entered into the minutes. A demand for a recorded vote will override a demand for a ballot.
17.6 Right to require individual vote to be recorded
Where any Member requests it immediately after the vote is taken, their vote will be so recorded in the minutes to show whether they voted for or against the motion or abstained from voting.
17.7 Voting on appointments
If there are more than two people nominated for any position to be filled and there is not a clear majority of votes in favour of one person, then the name of the person with the least number of votes will be taken off the list and a new vote taken. The process will continue until there is a majority of votes for one person.
18. MINUTES
18.1 Signing the minutes
The Mayor will sign the minutes of the proceedings at the next suitable meeting. The Mayor will move that the minutes of the previous meeting be signed as a correct record. The only part of the minutes that can be discussed is their accuracy and no motion or discussion shall take place on the minutes except upon their accuracy.
18.2 No requirement to sign minutes of previous meeting at extraordinary meeting
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 paragraph 41(1) and (2) of schedule 12 relating to signing of minutes.
18.3 Form of minutes
Minutes will contain all motions and amendments in the exact form and order the Mayor put them.
19. EXCLUSION OF PUBLIC
Members of the public and press may only be excluded either in accordance with the Access to Information Rules in Part 4 of this Constitution or Rule 22 (Disturbance by Public).
20. MEMBERS' CONDUCT
20.1 Standing to speak
When a Member speaks at full Council they must stand and address the meeting through the Mayor unless permitted by the Mayor to sit on account of disability or infirmity. If more than one Member stands, the Mayor will ask one to speak and the others must sit. Other Members must remain seated whilst a Member is speaking unless they wish to make a point of order or a point of personal explanation.
20.2 Mayor standing
When the Mayor stands during a debate, any Member speaking at the time must stop and sit down. The meeting must be silent.
20.3 Member not to be heard further
If a Member persistently disregards the ruling of the Mayor by behaving improperly or offensively or deliberately obstructs business, the Mayor may move that the Member be not heard further. If seconded, the motion will be voted on without discussion.
20.4 Member to leave the meeting
If the Member continues to behave improperly after such a motion is carried, the Mayor may move that either the Member leaves the meeting or that the meeting is adjourned for a specified period. If seconded, the motion will be voted on without discussion.
20.5 General disturbance
If there is a general disturbance making orderly business impossible, the Mayor may adjourn the meeting for as long as he/she thinks necessary.
20.6 Mobile phones
Members shall not use mobile phones at any meetings and shall keep all such phones switched off during all meetings.
21. DISTURBANCE BY PUBLIC
21.1 Removal of member of the public
If a member of the public interrupts proceedings, the Mayor will warn the person concerned. If they continue to interrupt, the Mayor will order their removal from the meeting room.
21.2 Clearance of part of meeting room
If there is a general disturbance in any part of the meeting room open to the public, the Mayor may call for that part to be cleared.
22. SUSPENSION AND AMENDMENT OF COUNCIL PROCEDURE RULES
22.1 Suspension
All of these Council Rules of Procedure except Rule 17.6 (right to require individual vote to be recorded) and 18.2 (no requirement to sign the minutes of a previous meeting at an extraordinary meeting) may be suspended by motion on notice or without notice if at least one half of the whole number of Members of the Council are present. Suspension can only be for the duration of the meeting.
22.2 Amendment
Any motion to add to, vary or revoke these Council Rules of Procedure will, when proposed and seconded, stand adjourned without discussion to the next ordinary meeting of the Council unless proposed by the Standards Committee.
23. APPLICATION TO CABINET, COMMITTEES AND SUB-COMMITTEES
All of the Council's Rules of Procedure apply to meetings of the Council. Only the following will apply to meetings of the Cabinet, Committees and Sub-Committees:-
5, 6, 7, 8 and 9
11 (but not 11.1 nor 11.2)
13 (but not (m), (n) nor (q)
14 (but not 14.5, 14.9 nor 14.10 (h)
17 (but not 17.4)
18 (but not 18.3)
20 (but not 20.1 nor 20.2)
21, 22 and 23.





