Meetings  

Parish council meetings are subject to statutory requirements that govern how they must be convened and conducted.  For example, sufficient notice of a meeting must be given to the public and council members alike, and a meeting can only consider items included on the agenda sent with the notice to members. 

Para 9, Schedule 12, Local Government Act, 1972 ( use this link to to access details on legisaltion.gov.uk ) requires that there must be at least three clear days’ public notice of the time and place of a meeting of the full council and its agenda . The meaning of “clear days” excludes the day on which notice was issued and the day of the meeting. A Sunday, a day of the Christmas break, a day of the Easter break, a bank holiday or a day appointed for public thanksgiving or mourning do not count when calculating three clear days. 

Notice of the time and venue of a meeting must be fixed in a conspicuous place in the parish – often a local notice board. Additionally, the  Transparency Code for Smaller Authorities   (paragraphs 10 and 30) requires councils (with a turnover of £25,000 or less) to publish not less than three days before the meeting the agendas and supporting papers on its website.

A councillor must be summoned to attend a meeting of the full council at least three clear days (as defined above) before the meeting. The summons, signed by the Proper Officer, must include an agenda for the meeting and be served at the usual residence of the councillor. It is accepted practice for standing orders to permit electronic service of the summons and agenda at least three clear days before a meeting provided the email to councillors includes the electronic signature and title of the Proper Officer.  

Meetings will normally be held weekday evenings, they can be held at weekends but this is not common. Meetings of the whole council (often referred to as ‘full council’) should generally not exceed 1 to 2 hours. Long meetings can inconvenience councillors and are likely to discourage attendance by the public. A meeting of a committee or a sub-committee should generally be shorter than a meeting of the full council because it has less business to deal with. A council can use standing orders to confirm the duration of meetings of the whole council, committees and sub-committees

Extraordinary meetings

The rules are the same as above, except for when an extraordinary meeting has been called by two councillors (because a Chair has refused/failed to convene one upon request ) the notice must be signed by those councillors, and must specify the business to be transacted.

Committee meetings

Providing a council’s standing orders allow it, the law only requires notice to be given at the time a committee meeting is called – in other words it is possible to hold a committee meeting the same day a need is identified, providing notice is given at that time.

Sub-committees are not required by law to be held in public, but it is recommended that they are and that the same notice is given as for committees. This would not apply where the public would be excluded for the entire agenda, for example for a staffing sub-committee.

See SALC quick guide to  Committee Requirements.

In most circumstances, the press and public will be entitled to attend meetings of a parish council or a committee of a parish council.  In the interest of openness and transparency, it is also recommended that councils extend this to meetings of a sub-committee, unless it is one dealing with staffing matters when the business is inevitably going to be of a confidential nature.

S.1, Public Bodies (Admission to Meetings) Act, 1960 allows the press and public to be excluded from a meeting if it considers the publicity would be prejudicial to the public interest due to the confidential nature of the business, or other special reason.

It will be necessary for a councillor to move a motion to exclude the public from the meeting during the particular items of business on the agenda and the meeting must pass a resolution to confirm this and the reason why. The resolution does not need to document the precise legal or other reason as to why the public were excluded.   The exclusion must apply to all members of the public (not just an individual), although the council may invite individuals to speak at a meeting (for example their solicitor or other professional advisor) when it is in private session.

This subject is addressed in paragraph 31 of LTN 5,and on pages 141-2 of the NALC publication Local Councils Explained examples of when this could apply, such as: -

• to consider legal advice
  

• lease negotiations

• confidential staff issues

 

Exclusion of the public means all of them, not an individual or a specific group, although an individual may be invited to address the council, such as a solicitor or an officer.

The general entitlement to film or record meetings does not apply when the public have been excluded.

Reporting at meetings

Council meetings (including committees) must be open to the public, including the press.   The press are entitled, on payment, to copies of the agenda and supporting papers and to be given reasonable facilities for reporting a meeting.

Reporting at meetings includes:

·       filming, photography or making an audio recording (e.g., using a mobile, tablet, filming for a TV or radio broadcast)

·       using any other means for enabling people not present at a meeting to see or hear proceedings as they take place (such as live streaming)

·       written reports or commentary on the proceedings during or after or oral reporting after the meeting.  This includes blogging, social media etc.

The Government published a guide for the public which is  available by using this link .

It should be noted that there is no entitlement to give an oral report or running commentary during the meeting, which would obviously be disruptive. However, an oral commentary or report can be provided after the meeting.   

Legislation defines the 'report' as being limited to reporting on the proceedings of the meeting, including a reference to who attends and who participates including members of the public as well as councillors. 

Councils may wish to have a policy in place that covers these matters and other considerations such as restrictions that apply in respect of a vulnerable adult or child.  It is also recommended that the Chair reminds everyone in attendance at the meeting that they may be filmed, recorded, photographed or otherwise, subject to any limitations a council may put in place as mentioned above.

A council's standing orders can be relied upon to control behaviour or activities arising from a person filming, recording or photographing etc., if this disrupts the transaction of business.

Any person reporting at meetings must take care to ensure that personal data is used in accordance with data protection legislation.

Meetings cannot proceed if there are insufficient member present to form a quorum. 

Meetings of full council require the attendance of at least one-third of the total number of councillors (i.e. council seats), or three, whichever is greater. In other words, the quorum for councils will be as follows:-

Seats              Qourum

Up to 9            3

10 - 12            4

13 - 15            5

16 - 18            6

Separate statutory provisions apply if more than one-third of the councillors are disqualified at the same time . Standing orders dictate the quorum for a meeting of a committee or a sub-committee. It is advised that the standing orders require a quorum of at least three for both.

The standing orders of a council govern the actions that can be taken when disorderly conduct or behaviour disrupts the debate at a meeting or obstructs the proceedings in a meeting. This includes a situation where someone is behaving offensively or using inappropriate language.

Disruptive individuals, whether councillors or members of the public, are at risk of being asked to leave the meeting. The Chair may request anyone who is disruptive to stop and should explain the potential consequences if the individual(s) disregard the chair’s request to modify their conduct with a view to restoring order to the debate/meeting.  Any councillor (including the Chair) may move a (procedural) motion that the offending person(s) are “not heard further” (i.e. silenced), or are excluded from the meeting.

If the meeting then passes a resolution that requires a person to be silent or to leave the meeting but this is ignored, further steps can be taken. If permitted by standing orders, the meeting may be temporarily suspended to give the offending person(s) an opportunity to improve their behaviour or to persuade them to be silent or to leave the meeting. If, after a suspension of the meeting, disruptive behaviour continues, the meeting may need to be closed and consideration of the outstanding business for the meeting postponed to a later date. Attempts to silence or exclude a councillor from a meeting should not be motivated by a wish to shut down legitimate debate.

It is good practice for councils to set aside a period during meetings when the public can make statements or ask questions.  This should include meetings of the full council and of those committees likely to be of most interest to the public, e.g. planning.

The PP session is part of the actual meeting. It should not be held before or after the meeting , or partway through the agenda with the meeting being 'closed' and then resumed after the PP  - these are old practices and do not conform to current advice.

Standing Order 3 provide a sound basis on which to structure public participation (PP) sessions.  NALC also provide guidance on this in  Legal Topic Note 5 (para 43). 

Public involvement can be limited to those items on the agenda,  although some councils allow members of the public to raise other items of concern or interest. While Councils should limit the duration of a formal PP session, there is no reason why comment cannot be sought from a member of the public during the other parts of the meeting should it be considered appropriate. This should be used sparingly and controlled by the Chair.

It should be noted that whilst  LTN 5 says that standing orders may allow a councillor to speak during the PP session on a matter in which they have an interest, this is  not   permitted by the (Suffolk) Code of Conduct.

The  minutes of the meeting should record that a PP session took place, and the issues raised. Care should be taken not to identify members of the public attending or to disclose any personal data.

It is normal for a member of staff, usually the Clerk, to take minutes of meetings. In the absence of the Clerk or other member of staff, a councillor may be nominated to take notes for the preparation of minutes. Meetings may be recorded to aid preparation of the draft minutes, which must be agreed and signed at the next suitable meeting by the Chair (at that meeting).

During a meeting, the Clerk may be called upon by the Chair to give guidance, including procedural matters relating to the conduct of the meeting, background information on agenda items, and internal procedures and policies. Although the Chair is responsible for determining the correct application of the standing orders that regulate the meeting, the Clerk may need to assist.

The Clerk may also be asked to assist in the interpretation of statutory powers and duties, and if any prohibitions, restrictions or limitations exist. The Clerk can only give guidance if they have sufficient knowledge or experience, and cannot give legal advice unless they are a qualified legal professional

It is recommended that local councils have, as a minimum, standing orders that set out the  relevant statutory requirements  relating to m eetings, councillors and the proper officer. It is necessary for a council to have standing orders that regulate and control committees or subcommittees and their meetings, in respect of which some matters are not dictated by legislation. 

Standing orders will help control:

• the order of business at the annual meeting of a council

• submitting motions for debate at meetings

• public participation at meetings

• dealing with disorderly conduct

• awarding or entering into contracts for goods and services

• consideration of confidential or sensitive information that is prejudicial to the public interest

• review and management of delegation arrangements

• frequency and duration of meetings

• amendment, suspension or revocation of standing orders that do not incorporate statutory requirements.

 

The rules of debate at a meeting are designed to ensure that councillors have an opportunity to speak while respecting the speaking rights of others and their views. It is important all councillors are familiar with their council's standing orders and it is the responsibility of the Chair of the meeting to control debate.

Model standing order 1 sets out the formal rules of debate.

In a year of ordinary local council elections, the annual meeting of the council must take place on or within 14 days after the day on which the newly elected councillors take office. In other years, the annual meeting must take place during the month of May.

NALC's model standing order 5 contains details of the normal business conducted at the annual meeting.

The first business must be the election of the new Chair of the council. The present Chair must preside at the meeting until their successor is elected.  Their obligations include:

• formally opening the meeting

• receiving nominations for and declaring the result of the election of the new Chair.

In a year of elections where the current Chair of the council has been re-elected as a councillor, they may vote in the election of the new Chair, including for themselves if they wish to continue. They are not obliged to vote, but if the outcome is a deadlock they must use their casting vote.  If the current Chair of the council has not been re-elected as a councillor, if present they must preside at the meeting until the new Chair has been elected. They will not have an original vote in the election of the new Chair, but must use their casting vote in the event of a tie.

Once elected, the new Chair of the council must sign a declaration of acceptance of office either at the meeting, or (in the presence of an officer or member) by a later date agreed by the council. 

Legislation does not require local councils to have a Vice-Chair but most local councils do appoint one. Subject to any standing orders to the contrary, the Vice-chair is able to step into the role of the Chair when they are not available.

See the SALC guide to annual meetings.

All parishes must hold an annual assembly of the parish.

The annual parish meeting is an effective forum for local government electors to discuss matters specific to the parish. It provides an opportunity for village organisations to inform residents of their activity and to answer questions.

Where there is a parish council, the council will normally arrange the annual assembly and if the Chair of the council is present, the law requires them to preside. Any matters to be decided upon will be by a vote by those present who are on the electoral register for the parish.

The attendance of parish councillors is to be encouraged as this can help to demonstrate that the council is receptive to the views of residents. However,  it is important to remember that a n annual assembly is  not a council meeting , and the seating arrangements etc. should not give the impression that it is.

The basic requirements for the annual assembly are as follows:

• must be held between 1st March and 1st June

• is convened by the chair of the council or by any two councillors for the parish.  Where no council exists, it may be convened by the chair of the parish meeting or by six electors.  Whoever convenes the meeting puts together the agenda

• can be held on any day an hour that the council fix, but not earlier than 6 pm

• may be held in any community building/meeting room for no cost or for a reasonable fee.  Unless no such room is available, the meeting cannot meet in any premises which at the time of the meeting is licensed to supply alcohol

• at least seven clear days' public notice must be given of the meeting and the business to be transacted, signed by whoever convenes the meeting.  The notice period increases to at least 14 days if the parish will be deciding a matter relating to its governance - eg: establishing or dissolving a council

• if present, the chair of the parish or town council must preside otherwise the meeting may elect a chair from those members of the electorate present.  Only electors of the parish can vote on any matter

• it is good practice for a parish or town council to produce a report detailing the activities of the council, the budget and contact details of its councillors.  It is also good practice to invite the District and County Councillors to give a report and an opportunity to answer questions from the electorate

• councils may serve food and drink either before or after the annual meeting.  If it includes alcohol, this may only be served after the meeting..

An ordinary meeting is a scheduled meeting convened by the council’s Proper Officer. Schedule 12, Local Government Act 1972 (para 8) requires councils to hold a minimum of four meetings (annual meeting plus three) during the course of the year. Most councils meet monthly or bi-monthly. A local council with internal delegation arrangements to committees or officers may require fewer ordinary meetings.

An extraordinary meeting is an unscheduled meeting and these may be called at any time by the Chair of the council. They are usually occasioned by urgent business that needs to be resolved before the next ordinary meeting of the council. The Chair of a council should not hesitate to call extraordinary meetings when necessary.

If the Chair of a council fails or refuses to call an extraordinary meeting of the council within seven days of having been requested to do so by two councillors, any two councillors may convene a meeting of the council. The public notice giving the time, place and agenda for such a meeting must be signed by the two councillors who called the meeting.

If a local council has appointed a Vice-Chair , its standing orders may permit them to convene an extraordinary meeting in the Chair’s absence .

The role of the Chair of a meeting is to keep order and control the meeting in accordance with standing orders.  A Chair can also exercise a second or casting vote in the event of a tie in votes on any question to be decided at the meeting.   For all other matters the status of a Chair is the same as any other councillor.

Councillors and the public present at a meeting are expected to respect the Chair in this respect.  Equally,  the Chair must be fair yet firm. 

Specific responsibilities for the Chair of a meeting include:

• formally open meetings

• consider if there are any procedural obstacle to the meeting proceeding

• ensuring draft minutes of a previous meeting are approved by the meeting

• order debate on motions

• deciding points of order and other incidental questions

• controlling disorderly or disruptive behaviour at the meeting

• ensuring the business on the agenda is dealt with

• exercising their casting vote when votes are tied for the election of the Chair at the annual meeting (mandatory).

• exercise a casting vote when votes are tied in other situations

• declaring the result of a vote

• temporarily suspending or adjourning a meeting if necessary

• closing a meeting after the business has been concluded

Before the meeting, the Chair will have consulted with the Proper Officer before finalising the agenda and this is usually covered in a council's standing orders.    A chair must be familiar with standing orders about the formality and duration of contributions from councillors during the debate of a motion.  Even during a heated debate, it is the responsibility of the Chair to ensure that order is kept and that the meeting gets through the business on the agenda. 

Voting at a meeting of the full council is by show of hands by members present and voting, unless an alternative method of voting is provided for in standing orders. Standing orders commonly extend voting by a show of hands to a meeting of a committee and sub-committee.  A councillor cannot vote by remote means, by post or proxy, or in advance of a meeting. 

Voting by “secret” ballot, if permitted by standing orders, is unlikely to withstand scrutiny as to its legitimate purpose and validity. A secret ballot will not eliminate a risk of legal challenge to a resolution on the basis of predetermination or bias by councillor(s). 

A councillor has one vote only, either for or against the question being decided.  There is no s tatutory obligation to vote and they may abstain. In addition, in the event of  an equality of votes, t he person presiding at the meeting may (but does not have to) exercise a second or a casting vote.

If required by any councillor at the time, the way in which each councillor voted on a matter at a meeting of the full council must be recorded in the minutes. Standing orders may apply this rule to a meeting of a committee or a sub-committee.

Voting on a procedural motion will result in a decision but decisions resulting from procedural motions concerning the progress of a debate (about an original motion) do not need to be recorded in the minutes. Voting on an original motion will result in a resolution. Resolutions must be recorded in the minutes of the meeting. The wording of a resolution must leave no room for ambiguity or uncertainty in its meaning, even if it makes reference to another document, which may be confidential. 

 

The Localism Act 2011 ('2011 Act') (use this link to access the legislation) introduced arrangements to regulate the conduct of members of local authorities, including town and parish councils, the registration and disclosure of certain interests and how complaints about their conduct are handled.  It also created new criminal offences in respect of a member's failure to register and disclose certain interests and his/her participation in discussions and voting at meetings on matters where he/she holds such interests.

Pursuant to s.29 of the 2011 Act, the Monitoring Officer of the principal authority must establish and maintain a register of interests of members of the parish and town councils in its area and ensure that the register is available for inspection at all reasonable hours at a place in the principal authority's area including publishing the same on their website.   Parish and town councils with a website must also publish the register of interests of its members and the Monitoring Officer must provide the local council with any data that they need to comply with its duty to publish the register on its website, if it has one.

 Within 28 days of becoming a town or parish councillor the individual must notify the Monitoring Officer of any 'disclosable pecuniary interests'.  This includes any who are re-elected or, as the case may be, upon the reappointment of a co-opted member, he/she must also within 28 days notify the Monitoring Officer of 'disclosable pecuniary interests' not already included in his or her register of interests.

Disclosable pecuniary interests (DPI) relate to certain interests of:

• the member

• the member's spouse or civil partner

• the person with whom the member lives as if they were a spouse or civil partner

Interests relate to their employment, office, trade, profession or vocation for profit or gain, sponsorship, contracts, beneficial interests in land, licences to occupy land, corporate tenancies and securities.  The Suffolk Code of Conduct includes members' statutory obligations in relation to disclosable pecuniary interests.  A member may ask the Monitoring Officer to exclude from his/her register of interests 'sensitive interests' whether or not they are disclosable, the details of which if disclosed, might lead to a threat of violence or intimidation to the member or to a person connected with him or her.

Although not required by the 2011 Act, a council's standing orders will usually require a member with a DPI in a matter being considered to withdraw from the meeting room whilst any discussion or vote on it takes place. If a member fails to withdraw, a council may rely on its standing orders to vote to exclude the member from the meeting.

Section 33 of the 2011 Act provides that a parish or town council may grant a dispensation to a member, not exceeding a period of four years, in respect of restrictions which apply to him/her at a meeting which is considering a matter in which he/she holds a disclosable pecuniary interest.    There are some important considerations to consider and it is advisable to seek some guidance on this in advance of the meeting.

It is a criminal offence for a member to participate and vote at a meeting on a matter in which he/she is deemed to have a disclosable pecuniary interest.  If a member is unsure if he/she holds a disclosable pecuniary interest in a matter being considered at a meeting and he/she wishes to participate in a discussion and vote n the matter, the safest course of action would be for him/her to seek a dispensation.  A dispensation will ensure that the member is not at risk of prosecution.

 

Council meetings are business meetings and should be focussed on achieving corporate decisions.  Minutes are the official record of decisions and have a special significance in that respect, should a matter come before the courts.  Minutes should not be a verbatim record of meetings. 

Writing up the minutes for a meeting is key as they confirm the resolutions made. This should be done as soon as possible so that the minute taker’s memory is fresh and they can interpret the information available from handwritten notes (or an audio recording) of the meeting.

There are inherent dangers in quoting every word, not least that people regret their exact wording and want the record to change to reflect what they would have like to have said. This can lead to unnecessary debate and follow-on texts in subsequent minutes. Another problem is the potential for the council to quote a statement that is defamatory, offensive or otherwise inappropriate. 

Minutes should also not routinely record names. If councillor names are frequently quoted there is a danger that the minutes could be used for personal agendas, rather than in the corporate interest. There might also be Data Protection issues should names be routinely incorporated for members of the public.  

So, whilst some background and maybe a brief overview of the matters discussed is helpful, a verbatim record is not advisable. As far as possible, they should be formal, neutral and factual records of decisions. 

‘Well-written minutes are:

• brief, yet informative

• factual, accurate and relevant

• logically presented

• a clear record of resolutions

Once the draft minutes have been prepared they are often submitted to the Chair of the meeting concerned to check. Once the Chair has commented on the minutes and changes, if any are made, the draft minutes may be circulated for information only to all councillors, or where the minutes relate to a meeting of a committee or sub-committee to the members of the committee or sub-committee.

The draft minutes of a meeting should be formally approved (with any necessary amendments) at the next meeting.   After the draft minutes are approved, the contemporaneous notes or the recording of the meeting should be destroyed.

While all matters dealt with in meetings must be minuted,  councils should avoid disclosing resolutions or other information that are confidential or for some other special reason not in the public interest. NALC's publication  Local Councils Explained, says “Resolutions that are confidential or for some other special reason are not in the public interest to disclose must be recorded in the minutes, without undermining or disclosing the confidential or other sensitive information. For example, the resolution ‘option 2 in confidential report dated 10 July 2014 reference NPC 3 approved’ provides clarity as to the resolution that was made but does not reveal confidential information”.