THIRKS TOWN COUNCIL

THIRSK TOWN COUNCIL

STANDING ORDERS

Note: Some matters concerning which a council would normally make a standing order have been laid down in Acts of Parliament and are therefore compulsory. The standing orders based on them are printed in bold type.

MEETINGS 1. (a) The Monday meetings of the Council shall be held at 7.15 p.m. and the Thursday meetings at 7.30 p.m., unless the Council decide otherwise and the business shall be completed by 9.45 p.m. unless moved otherwise.
(b) Smoking is not permitted at any meeting of the Council.

2. The Statutory Annual Meeting (a) in an election year shall be held on the Monday next following the fourth day after the ordinary day of elections to the Council and (b) in a year which is not an election year it shall be held on the third Monday in May.

CHAIRMAN OF MEETING 3. The person presiding at a meeting may exercise all the powers and duties of the Chairman in relation to the conduct of the meeting.

PROPER OFFICER 4. Where a statute, regulation or order confers functions or duties on the proper officer of the Council in the following cases, he/she shall be the clerk:
(a) To receive declarations of office
(b) To receive and record notices disclosing pecuniary interest
(c) To receive and retain plans and documents
(d) To sign notices or other documents on behalf of the Council
(e) To receive copies of byelaws made by a District Council
(f) To certify copies of byelaws made by the Council
(g) To sign summonses to attend meetings of the Council

QUORUM 5. Four members shall constitute a quorum

6. If a quorum is not present when the Council meets, or if during the meeting the number of councillors present and not debarred by reason of a declared pecuniary interest falls below the quorum, the business not transacted at that meeting shall be transacted at the next meeting or on such other day as the Chairman may fix.

VOTING 7. Members shall vote by show of hands, or if at least two members so request, by ballot.

8. If a Member so requires, the Clerk shall record the names of the Members who voted on any question so as to show whether they voted for or against it.

9. (1) Subject to (2) and (3) below, the Chairman may give an original vote on any matter put to the vote and in the case of an equality of votes may give a casting vote even though he gave no original vote.
(2) If the person presiding at the Annual Meeting would have ceased to be a Member of the council but for the statutory provisions which preserve the membership of the Chairman and Vice-Chairman until the end of their term of office he may not give an original vote in an election for Chairman.
(3) The person presiding must give a casting vote whenever there is an equality of votes in an election for Chairman.

ORDER OF BUSINESS (In an election year Councillors should execute Declarations of Acceptance of Office in each other’s presence, or in the presence of a proper officer previously authorised by the Council to take such declarations, before the annual meeting commences)

10. At each Annual Meeting the first business shall be:
(a) To elect a Chairman
(b) To receive the Chairman’s declaration of acceptance of office or, if not then received, to decide when it shall be received.
(c) In the ordinary year of election of the Council to fill any vacancies left unfilled at the election by reason of insufficient nominations.
(d) To decide when any declarations of acceptance of office which have not been received as provided by law shall be received.

(e) To elect a Vice Chairman
(f) To appoint school governors
(g) To appoint committees
(h) To inspect any deeds and trust instruments in the custody of the Council if necessary, and thereafter follow the order set out in Standing Order No. 13

11. At every meeting other than the Annual Meeting the first business shall be to appoint a Chairman if the Chairman and Vice Chairman be absent and to receive such declarations of acceptance of office (if any) as are required by law to be made, or if not then received to decide when they shall be received.

12. In every year not later than the meeting at which the estimates for next year are settled the Council shall review the pay and conditions of service of existing employees (see Standing Order No. 35 below).

13. At the Town Council meetings normally held on the third Monday of the month the order of business, unless the Council decide otherwise on the grounds of urgency, shall be as follows:
(1) To receive apologies for absence
(2) To consider the Minutes, after consideration to approve the signature of the Minutes by the person presiding as a correct record
(3) To receive the Police Report and discuss any matters to be brought to the attention of the Police
(4) To receive Reports on matters pertaining to Thirsk from the County and District Councillors
(5) To receive any representations from members of the public present at the meeting
(6) To receive an update on matters arising from the previous meeting
(7) To approve accounts for payment. To approve the monthly balance sheet and budget report
(8) To receive correspondence
(9) To receive Burial Board Report and to receive applications for Exclusive Rights and Memorials
(10) To receive Reports from Representatives and Members

At the Town Council meetings normally held on the first Thursday of the month the order of business, unless the Council decide otherwise on the grounds of urgency, shall be as follows:
(1) To receive apologies for absence
(2) To receive police report and to receive representations from members of the public present at the meeting
(3) To consider the Minutes and, after consideration, to approve the signature of the Minutes by the person presiding as a correct record
(4) To receive correspondence
(5) To receive and, where applicable decide upon, the items contained in the Schedule of Outstanding Amenity Items
(6) To receive reports from Committees
(7) To receive other items of interest and information

14. A motion to vary the order of business on the grounds of urgency may (a) be proposed by the Chairman or by any member and, if proposed by the Chairman, may be put to the vote without it being seconded and (b) shall be put to the vote without discussion.

RESOLUTIONS MOVED ON NOTICE 15. Except as provided by these Standing Orders, no resolution may be moved unless the business to which it relates has been put on the Agenda by the Clerk, or the mover and seconder has given notice in writing of its terms and has delivered the notice to the Clerk at least 10 clear days before the next meeting of the Council.

16. The Clerk shall date every notice of resolution or recommendation when received by him/her, shall number each notice in the order in which it was received and shall enter it in a book which shall be open to the inspection of every member of the council.

17. The Clerk shall insert in the summons for every meeting all notices of motion or recommendation properly given in the order in which they have been received unless the member giving a notice of motion has stated in writing that he/she intends to move at some later meeting or that he/she withdraws it.

18. If a resolution or recommendation specified in the summons is not moved, either by the member who gave notice of it or by any other member, it shall, unless postponed by the Council, be treated as withdrawn and shall not be moved without fresh notice.

19. If the subject matter of a resolution comes within the province of a committee of the Council, it shall upon being moved and seconded stand referred without discussion to such committee or to such other committee as the Council may determine for report, provided that the Chairman, if he/she considers it to be a matter of urgency, may allow it to be dealt with at the meeting at which it was moved.

20. Every resolution or recommendation shall be relevant to some subject over which the Council has power or which affects its area.

RESOLUTIONS MOVED WITHOUT NOTICE 21. Resolutions dealing with the following matters may be moved without notice:
(a) To appoint a Chairman of the meeting
(b) To correct the Minutes
(c) To approve the Minutes
(d) To alter the order of business
(e) To proceed to the next business
(f) To close or adjourn the debate
(g) To refer the matter to a committee
(h) To appoint a committee
(i) To adopt a report
(j) To authorise the sealing of documents
(k) To amend a motion
(l) To give leave to withdraw a resolution or an amendment
(m) To extend the time limit for speeches
(n) To exclude the public (see Order 59 below)
(o) To silence or eject from the meeting a member named for misconduct (see Order 30 below)
(p) To invite a member having an interest in the subject matter under debate to remain (see Order 50 below)
(q) To give the consent of the Council where such consent is required by these Standing Orders
(r) To suspend any Standing Order (see Order 68 below)
(s) To adjourn the meeting
(t) To make decisions on business arising from correspondence not to be accepted unless proposed and seconded

QUESTIONS 22. A member may ask the Chairman or the Clerk any question concerning the business of the council, provided notice of the question has been given to the person to whom it is addressed before the meeting begins.

23. No questions not connected with business under discussion shall be asked except during the part of the meeting set aside for questions.

24. Every question shall be put and answered without discussion.

25. A person to whom a question has been put may decline to answer.

RULES OF DEBATE 26. No discussion shall take place upon the Minutes except upon their accuracy. Corrections to the minutes shall be made by resolution and must be initialled by the Chairman.

27. (a) A resolution shall not be discussed until it has been proposed and seconded, and, unless proper notice has already been given, it shall, if required by the Chairman, be reduced to writing and handed to him before it is further discussed or put to the meeting.
(b) A member when seconding a resolution or amendment may, if he then declares his intention to do so, reserve his speech until a later period of the debate.
(c) A member shall direct his speech to the question under discussion or to a personal explanation or to a question of order.
(d) No speech by a mover of a resolution shall exceed 3 minutes, and no other speech shall exceed 3 minutes except by the consent of the council.
(The mover of a resolution is sometimes allowed a longer time than others).
(e) An amendment shall be either:
(i) To leave out words
(ii) To leave out words and insert or add others
(iii) To insert or add words
(f) An amendment shall not have the effect of negating the resolution before the Council.
(g) If an amendment be carried, the resolution, as amended, shall take the place of the original resolution and shall become the resolution upon which any further amendments be moved.
(h) A further amendment shall not be moved until the Council has disposed of every amendment previously moved.
(i) The mover of a resolution or of an amendment shall have a right of reply, not exceeding 3 minutes.
(j) A member other than the mover of a resolution shall not, without leave of the Council, speak more than once on any resolution except to move an amendment or further amendment or on an amendment or point of order or in personal explanation or to move a closure.
(k) A member may rise to make a point of order or a personal explanation. A member rising for these purposes shall be heard forthwith. A personal explanation shall be confined to some material part of a former speech by him/her which may have been misunderstood.
(l) A motion or amendment may be withdrawn by the proposer with the consent of the Council, which shall be signified without discussion, and no member may speak upon it after permission has been asked for its withdrawal unless such permission has been refused.
(m) When a resolution is under debate no other resolution shall be moved except the following:
(i) To amend the resolution
(ii) To proceed to the next business
(iii) To adjourn the debate
(iv) That the question be now put
(v) That a member named be not further heard
(vi) That a member named leave the meeting
(vii) That the resolution be referred to a committee
(viii) To exclude the press and public
(ix) To adjourn the meeting

28. (a) The ruling of the Chairman on a point or order or on the admissibility of a personal explanation shall not be discussed.
(b) Members may address the Chairman
(c) If two or more members indicate, the Chairman shall call upon them to speak in turn.
(d) Whenever the Chairman rises during a debate all other members shall be seated and silent.

CLOSURE 29. At the end of any speech a member may, without comment, move “that the question be now put”, “that the debate be now adjourned” or “that the Council do now adjourn”. If such motion is seconded the chairman shall put the motion but in the case of a motion “to put the question” only if he is of the opinion that the question before the Council has been sufficiently debated. If the motion “that the question be now put” is carried he shall call upon the mover to exercise or waive his/her right of reply and shall put the question immediately after that right has been exercised or waived. The adjournment of a debate or of the Council shall not prejudice the mover’s right of reply at the resumption.
(Note: Where a meeting is adjourned the subsequent proceedings are part of the original meeting and no new notices or agendas need be issued except a notification to members not present at the date of the continuation of the meeting).

DISORDERLY CONDUCT 30.(a) No member shall at a meeting disregard the ruling of the Chairman, wilfully obstruct business or behave irregularly, offensively, improperly or in such a manner as to scandalise the Council or bring it into contempt or ridicule.
(b) If, in the opinion of the Chairman, a members has broken the provisions of paragraph (a) of this Order, the Chairman shall express that opinion to the Council and thereafter any member may move that the member named be no longer heard or that the member named do leave the meeting and the motion, if seconded, shall be put forthwith and without discussion.
(c) If either of the motions mentioned in paragraph (b) is disobeyed, the Chairman may suspend the meeting or take such further steps as may be reasonably necessary to enforce them.

RIGHT OF REPLY 31. The mover of a resolution shall have a right to reply immediately before the resolution is put to the vote. If an amendment is proposed the mover of the amendment shall be entitled to reply immediately before the amendment is put to the vote. A member exercising a right of reply shall not introduce new matter. After the right of reply has been exercised or waived a vote shall be taken without further discussion.

ALTERATION OF RESOLUTION 32. A member may, with the consent of his seconder, move amendments to his own resolution.

RECISSION OF PREVIOUS RESOLUTION 33. (a) A decision (whether affirmative or negative) of the Council shall not be reversed within six months except by a special resolution, the written notice whereof bears the names of at least six members of the Council, or by a resolution moved in pursuance of the report or recommendations of a committee.

(b) When a special resolution or any other resolution moved under the provisions of paragraph (a) of this Order has been disposed of, no similar resolution may be moved within a further six months.

VOTING ON APPOINTMENTS 34. Where more than two persons have been nominated for any position to be filled by the Council and of the votes given there is not an absolute majority in favour of one person, the name of the person having the least number of votes shall be struck off the list and a fresh vote taken, and so on until a majority of votes is given in favour of one person.

DISCUSSIONS AND RESOLUTIONS AFFECTING EMPLOYEES OF THE COUNCIL 35. If at a meeting there arises any question relating to the appointment, conduct, promotion, dismissal, salary or conditions of service of any person employed by the Council it shall not be considered until the Council or committee (as the case may be) has decided whether or not the public and press shall be excluded (See Standing Order No. 59)

RESOLUTIONS OF EXPENDITURE 36. Any resolution which is moved otherwise than in pursuance of a recommendation of the Finance Committee or of another committee after recommendation by the Finance Committee and which, if carried would, in the opinion of the Chairman, substantially increase the expenditure upon any service which is under the management of or reduce the revenue at the disposal of any committee, or which would involve capital expenditure, shall, when proposed and seconded, stand adjourned without discussion to the next ordinary meeting of the Council, and any committee affected by it shall declare whether it desires to report thereon and the Finance Committee shall report on the financial aspect of the matter.

EXPENDITURE 37. Orders for the payment of money shall be authorised by resolution of the Council and signed by two members.

SEALING OF DOCUMENTS 38. (a) A document shall not be sealed on behalf of the Council unless its sealing has been authorised by a resolution.
(b) Any two members of the Council named in a resolution moved under the provisions of paragraph (a) of this Order may seal, on behalf of the Council, any document required by law to be issued under seal.

COMMITTEES AND SUB-COMMITTEES 39. The Council may at its Annual Meeting appoint standing committees and may at any other time appoint such other committees as are necessary, but subject to any statutory provision in that behalf:
(a) Shall not appoint any member of a committee so as to hold office later than the next Annual Meeting
(b) May appoint persons other than members of the Council to any committee; and
(c) May, subject to the provisions of Order 33 above, at any time dissolve or alter the membership of a committee

40. The Chairman and Vice-Chairman ex officio shall be members of every committee.

41. Every committee shall at its first meeting before proceeding to any other business, elect a Chairman and may elect a Vice-Chairman who shall hold office until the next Annual Meeting of the Council and shall settle its programme of meetings for the year.

42. The Chairman of a committee or the Chairman of the Council may summon an additional meeting of that committee at any time. An additional meeting shall also be summoned on the requisition in writing of not less than a quarter of the members of the committee. The summons shall set out the business to be considered at the special meeting and no other business shall be transacted at that meeting.

43. Every committee may appoint sub-committees for purposes to be specified by the committee.

44. The Chairman and Vice-Chairman of the committee shall be members of every sub-committee appointed by it unless they signify that they do not wish to serve.

45. Except where ordered by the Council in the case of a committee, or by the Council or by the appropriate committee in the case of a sub-committee, the quorum of a committee or sub-committee shall be one half of its members.

46. The Standing Orders on rules of debate (except those parts relating to standing and to speaking more than once) and the Standing Order on interests of members in contracts and other matters shall apply to committee and sub-committee meetings.

VOTING IN COMMITTEES 47. Members of committees and sub-committees entitled to vote shall vote by a show of hands, or, if at least two members so request, by signed ballot.

48. Chairmen of committees and sub-committees shall in all cases of an equality of votes have a second or casting vote.

PRESENCE OF NON-MEMBERS OF COMMITTEES AT COMMITTEE MEETINGS 49. A member who has proposed a resolution which has been referred to any committee of which he/she is not a member may explain his/her resolution to the committee but shall not vote.

INTERESTS 50. If any member has any pecuniary interest, direct or indirect, within the meaning of Sections 94-95 of the Local Government Act 1972, in any contract, proposed contract or other matter, he/she shall, while it is under consideration by the Council, withdraw from the meeting unless the interest is trivial in the manner described in Section 97(5) or:
(a) The disability imposed upon him/her by those sections has been removed by the District Council; or
(b) The Council invite him/her to remain; or
(c) The contract, proposed contract or other matter is under consideration as part of the report of a committee and is not itself the subject of debate.

51. The Clerk shall record in a book to be kept for the purpose, particulars of any notice given by any member or any officer of the Council of a pecuniary interest in a contract and the book shall be open during reasonable hours of the day for the inspection of any member.

52. If any member has a non-pecuniary interest within the ambit of the National Code of Local Government Conduct he/she shall declare it and thereupon be invited to withdraw from the meeting.

53. If a candidate for any appointment under the Council is to his knowledge related to any member of or the holder of any office under the Council, he/she and the person to whom he is related shall disclose the relationship in writing to the Clerk. A candidate who fails so to do shall be disqualified for such appointment, and, if appointed, may be dismissed without notice. The Clerk shall report to the Council or to the appropriate committee any such disclosure. Where relationship to a member is disclosed Standing Order No. 52 shall apply. The Clerk shall make know the purport of this Standing Order to every candidate.

CANVASSING OF AND RECOMMENDATION BY MEMBERS 54 (a) Canvassing of members of the Council or of any committee, directly or indirectly, for any appointment under the Council shall disqualify the candidate for such appointment. The Clerk shall make know the purport of this sub-paragraph of this Standing Order to every candidate.
(b) A member of the Council or of any committee shall not solicit for any person any appointment under the Council or recommend any person for such appointment or for promotion; but nevertheless any such member may give a written testimonial of a candidate’s ability, experience or character for submission to the Council with an application for appointment.

55. Standing Orders Nos. 53 and 54 shall apply to tenders as if the person making the tender were a candidate for an appointment.

INSPECTION OF DOCUMENTS 56. A member may, for the purpose of his/her duty as such (but not otherwise), inspect any document in possession of the Council or a committee and if copies are available shall, upon request, be supplied for the like purpose with a copy.

57. All Minutes kept by the Council and by any committee shall be open for the inspection of any member of the Council.

UNAUTHORISED ACTIVITIES 58. No member of the Council or of any committee or sub-committee shall in the name of or on behalf of the Council:
(a) Inspect any land or premises which the council has a right or duty to inspect; or
(b) issue orders, instructions or directions
Unless authorised to do so by the Council or the relevant committee or sub-committee.

ADMISSION OF THE PUBLIC AND PRESS TO MEETINGS 59. The public shall be admitted to all meetings of the Council and its committees and sub-committees, which may, however, temporarily exclude the public by means of the following resolution:
“That in view of the special/confidential nature of the business about to be transacted, it is advisable in the public interest that the public be temporarily excluded and they are instructed to withdraw.”
(Notes: The special reason should be stated. If a person’s advice or assistance is needed they may be invited (by name) to remain after the exclusion resolution is passed).

60. The Clerk shall afford to the press reasonable facilities for taking their report of any proceedings at which they are entitled to be present.

CONFIDENTIAL BUSINESS 61.(a) No member of the Council or of any committee or sub-committee shall disclose to any person not a member of the Council any business declared to be confidential by the Council, the committee or sub-committee as the case may be.
(b) Any member in breach of the provisions of paragraph (a) of this Standing Order shall be removed from any committee or sub-committee of the Council by the Council.

LIAISON WITH COUNTY AND DISTRICT COUNCILLORS 62. A notice of meeting shall be sent together with an invitation to attend to the County Councillor for the county division and to the District Councillor or Councillors for the district ward.

63. Unless the Council otherwise orders, a copy of each letter ordered to be sent to the County or District Council shall be transmitted to the County Councillor for the division or to the District Councillor for the ward as the case may require.

PLANNING APPLICATIONS 64.(a) The Clerk shall, as soon as received, enter in a book kept for the purpose the following particulars of every planning application notified to the Council:
(i) the date on which it was received
(ii) the name of the applicant
(iii) the place to which it relates
(iv) a summary of the nature of the application
(b) The Clerk shall refer every planning application to the Chairman of the Planning Committee or, in the Chairman’s absence, to the Vice-Chairman within 48 hours of receiving it.

PLANNING COMMITTEE 65. The Planning Committee has full delegated powers in respect of all Planning Applications and a consensus of its comments shall be forwarded to the Planning Authority.
When the Planning Committee refers any application to the full Council for consideration only those comments which have been approved by a majority vote shall be forwarded to the appropriate Planning Authority for consideration.

CODE OF CONDUCT ON COMPLAINTS 66. The Council shall deal with complaints of maladministration allegedly committed by the Council or by any officer or member in the manner recommended in Circular 2/86 issued by the National Association of Local Councils.

VARIATION, REVOCATION AND SUSPENSION OF STANDING ORDERS 67. Any or every part of the Standing Orders except those printed in bold type “may be suspended by resolution in relation to any specific item of business.”

68. A resolution to add, or revoke a Standing Order shall when proposed and seconded stand adjourned without discussion to the next ordinary meeting of the Council.

STANDING ORDERS TO BE GIVEN TO MEMBERS 69. A copy of these Standing Orders shall be given to each member by the Clerk upon delivery to him/her of the member’s declaration of acceptance of office.

FINANCIAL REGULATIONS 70. The Financial Regulations of this Council made on 1st January 1997 and accepted by resolution on 17th February 1997 and amended and accepted by resolution on 18th August 2008 form part of these Standing Orders.

END

THIRSK TOWN COUNCIL

FINANCIAL REGULATIONS

1.General
1.1 These regulations shall govern the conduct of the financial transactions of the Council and may only be amended or varied by resolution of the Council.

1.2 The Responsible Financial Officer (RFO) under the policy direction of the Finance Committee shall be responsible for the proper administration of the Council’s financial affairs.

1.3 The RFO shall be responsible for the production of financial management information.

2.Annual Estimates
2.1 Each committee shall submit its revenue and capital proposals to the Finance Committee by the date set each year.

2.2 Detailed estimates of income and expenditure on revenue services, and receipts and payments on capital account, shall be prepared each year by the RFO.

2.3 The Finance Committee should review the estimates and submit them to the Council not later than the December meeting of the Council each year. The Council shall agree or amend the precept calculated from those estimates and the review of balances.

2.4 The annual capital and revenue budgets shall form the basis of financial control for the coming year.

3.Budgetary Control
3.1 Expenditure on the revenue account may be incurred up to the amounts included in each approved committee budget.

3.2 No expenditure may be incurred which cannot be met from the amount provided in the appropriate committee revenue budget unless a virement has been approved by the Finance Committee which is comprised of the whole Council.

3.3 The RFO shall periodically provide the Finance Committee with a statement of income and expenditure to date under each head of the approved annual revenue and capital budget.

3.4 Unspent budgets at the year-end will be taken into the general funds, hence each Committee needs to be aware when making its budgets for the following year to take account of delayed projects. If the unspent provision is from a budget heading which has ceased then the unspent provision shall revert to the revenue account.

3.5 No expenditure shall be incurred in relation to any capital project and no contract entered into or tender accepted involving expenditure on capital account unless the committee concerned are satisfied that the necessary capital funds are available or the requisite borrowing approval can be obtained.

3.6 All Capital works shall be administered in accordance with the Council’s Standing Orders and Financial Regulations relating to contracts.

4.Accounting and Audit
4.1 All accounting procedures and financial records of the Council shall be determined by the RFO as required by the current Accounts and Audit Regulations.

4.2 The RFO shall be responsible for completion of the annual accounts of the Council as soon as practicable after the end of the financial year and shall submit them to the Internal Auditor. The Internal Auditor’s written report on the accounts shall be submitted to the Council as soon as completed. The Annual Return of Accounts to the Audit Commission shall be submitted to the Council for approval prior to submission to the Audit Commission as soon as practicable after completion of the accounts.

4.3 The following principles shall be observed in connection with accounting duties: (a) The duty of providing information, calculating, checking and recording sums due to or from the Council should be separated as completely as possible from the duty of collecting or dispersing them.

(b) Officers charged with the duty of examining and checking the accounts of cash transactions should not be engaged in any of those transactions.

4.4 The RFO shall be responsible for maintaining an adequate and effective system of internal audit of the Council’s accounting, financial and other operations in accordance with regulation 5 of the 1996 Act. Any officer or member of the Council shall, if the RFO requires, make available such documents of the Council with such information and explanation as the RFO considers necessary for that purpose.

5.Banking arrangements and cheques
5.1 The Council’s banking arrangements shall be made by the RFO and approved by the Finance Committee.

5.2 A schedule of the payment of money shall be prepared by the Clerk to the Council and, together with relevant invoices, be presented to the Council. If the schedule is in order it shall be authorised by a resolution of the Council and signed by the Chairman or Vice Chairman.

5.3 Cheques drawn on the bank account in accordance with the schedule referred to in Paragraph 5.2 shall be signed by either the Clerk to the Council or the RFO plus any two Councillors. The bank mandate has, by resolution of the Council, been made in favour of any three signatories to enable cheques to be signed in emergencies.

6. Payment of Accounts
6.1 Apart from petty cash payments, all payments shall be effected by cheque or other order drawn on the Council’s bankers. Regular payments such as business rates can be made by Direct Debit or Standing Order as directed by the Council.

6.2 All invoices for payment shall be examined, verified and certified by the officer issuing the order. Before certifying an invoice the officer shall satisfy himself that the work, goods or services to which the invoice relates have been received, carried out, examined and approved.

6.3 Duly certified invoices shall when approved for payment by a resolution of the Council be settled within 30 days of their receipt.

6.4 All duly certified invoices will then be entered on the schedule referred to in paragraph 5.2.

6.5 The RFO may provide petty cash to officers for the purpose of defraying the cost of postage and small sundry expenses. The petty cash account and all relevant vouchers, receipts etc will be maintained in the prescribed manner for petty cash records.
(a) Income received must not be paid into the petty cash float but must be separately banked, as provided elsewhere in these regulations.
(b) Payments to maintain the petty cash float shall be shown separately on the schedule of payment of money presented to the Finance Committee per para 5.2.

7. Payment of Salaries and Wages
7.1 The payment of all salaries and wages and any associated standing orders or direct debits shall be authorised by the RFO from the bank account in accordance with the payroll records and in accordance with the Council’s Standing Orders.

8. Loans and Investments
8.1 All loans and investments shall be negotiated by the RFO in the name of the Council and shall be for a set period of time in accordance with Council policy. Changes to loans and investments should be reported to the Finance Committee at the earliest opportunity.

8.2 All investments of money under the control of the Council shall be in the name of the Council.

8.3 All borrowings shall be effected in the name of the Council.

8.4 All investment certificates and other documents relating thereto shall be retained in the custody of the RFO.

9. Income
9.1 The collection of all sums due to the Council shall be the responsibility of and under the supervision of the RFO.

9.2 Particulars of all charges to be made for work done, services rendered or goods supplied shall be notified to the RFO and the RFO shall ultimately be responsible for the collection of all accounts due to the Council.

9.3 The Council will review all fees and charges annually, following a report of the Clerk to the Council.

9.4 Any bad debts shall be reported to the Finance Committee.

9.5 All sums received on behalf of the Council shall either be paid to the RFO for banking or be banked by the officer collecting the money as directed by the RFO. In all cases all receipts shall be deposited with the Council’s bankers with such frequency as the RFO considers necessary.

9.6 A reference to the related debt or otherwise indicating the origin of each cheque shall be entered on the paying-in slip.

9.7 Every transfer of official money from one member of staff to another shall be signed for by the receiving officer.

9.8 Personal cheques shall not be cashed out of money held on behalf of the Council.

10. Orders for Work, Goods and Services
10.1 An official order or letter shall be issued for all work, goods and services unless a formal contract is to be prepared or an official order would be inappropriate, eg petty cash purchases. Copies of orders issued shall be maintained.

10.2 All officers are responsible for obtaining best value for money at all times. An officer issuing an official order is to ensure as far as reasonable and practicable that the best available terms are obtained in respect of each transaction.

11. Contracts
11.1 Procedures as to contracts are laid down in the Council’s Standing Orders as follows: (A) Every contract whether made by the Council or by a committee to which the power of making contracts has been delegated shall comply with these Standing Orders, and no exception from any of the following provisions of these Standing Orders shall be made otherwise than by a direction of the Council or in an emergency by such a committee as aforesaid provided that these Standing Orders shall not apply to contracts which relate to items (i) to (v) below:
(i) for the supply of gas, electricity, water, sewerage and telephone services.
(ii) for specialist services such as are provided by solicitors, accountants, surveyors and planning consultants.
(iii) for work to be executed or goods or materials to be supplied which consist of repairs to or parts for existing machinery or equipment or plant.
(iv) for work to be executed or goods or materials to be supplied which constitute an extension of an existing contract by the council.
(v) for goods or materials proposed to be purchased which are proprietary articles and/or which are sold only at fixed price.

(B) Where it is intended to enter into a contract:
(i) for all expenditure expected to be less than £4,999 the Chair of the spending committee, with the Clerk, shall invite estimates. In all cases an estimate will be obtained prior to any work being undertaken unless such work/goods are of a minor nature, eg window cleaning.
(ii) for all expenditure expected to be between £5,000 and £24,999 in value the Chair of the spending committee or his/her appointed Vice Chairman, together with the Clerk, shall invite quotations from at least three firms.
(iii) for all expenditure expected to exceed £25,000 in value for the supply of goods or materials or the execution of works or specialist services other than such goods or materials, works or specialist services as are excepted, as set out in paragraph (A), the Clerk shall invite formal tenders from at least three firms.

(C) Where applications are made to waive Standing Orders relating to contracts to enable a tender to be negotiated without competition the reason shall be embodied in a recommendation to the Council.

(D) Every exception made by a Committee to which the power of making contracts has been delegated shall be reported to the Council and the report shall specify the emergency by which the exception shall have been justified.

(E) Such invitation to tender shall state the general nature of the intended contract and the Clerk shall obtain the necessary technical assistance to prepare a specification in appropriate cases. The invitation shall in addition state that tenders must be addressed to the Clerk and the last date by which such tenders should reach the Clerk in the ordinary course of post. Each tendering firm shall be supplied with a specially marked envelope in which the tender is to be sealed and remain sealed until the prescribed date for opening tenders for that contract.

(F) All sealed tenders shall be opened at the same time on the prescribed date by the Clerk or the properly authorised deputy in the presence of at least one member of the Council.

(G) If less than three tenders are received for contracts valued above £5,000 or if all tenders are identical the Council shall make such arrangements as it thinks fit for procuring the goods or materials or executing the works.

(H) The Council shall not be obliged to accept the lowest or any tender.

11.2 All of the above functions may be carried out by a duly appointed agent.

12. Payments Under Contracts for Building or Other Construction Works
12.1 Payments on account of the contract sum shall be made within the time specified in the contract with the authority of the RFO upon authorised certificates of the architect or other consultants engaged to supervise the contract.

12.2 Where contracts provide for payment by instalments the RFO or appointed officer shall maintain a record of all such payments. In any case when it is estimated that the total cost of work carried out under a contract, excluding fluctuation clauses, will exceed the contract by 5% or more a report shall be submitted to the appropriate Committee.

12.3 Any variation to a contract or addition to or omission from a contract must be approved by the Clerk in writing, the appropriate Committee must also approve where the final cost is likely to exceed the financial provision.

13. Stores and Equipment
13.1 The officer in charge of each section shall be responsible for the care and custody of stores and equipment in that section.

13.2 Delivery notes must be obtained in respect of all goods received and goods must be checked as regards quality at the time delivery is made.

13.3 Stock shall generally be maintained at the minimum levels consistent with operational requirements.

13.4 The RFO shall be responsible for an annual check of all stocks and stores.

14. Properties and Estates
14.1 The Clerk shall make appropriate arrangements for the custody of all title deeds of properties owned by the Council.

14.2 No property shall be sold, leased or otherwise disposed of without the authority of the Council.

15. Insurance
15.1 The RFO shall effect all insurances and negotiate all claims on the Council’s insurers in consultation with the Clerk.

15.2 The Clerk shall give prompt notification to the RFO of all new risks, properties or other items which require to be insured and of any alterations affecting existing insurances.

15.3 The RFO shall keep a record of all insurances effected by the Council and the property and risks covered thereby and annually review it.

15.4 The RFO shall be notified of any loss, liability or damage or of any event likely to lead to a claim.

15.5 All appropriate employees of the Council shall be included in a suitable fidelity guarantee insurance.

16. Revision of Financial Regulations
It shall be the duty of the Finance Committee to review the financial regulations of the Council from time to time and to make such recommendations to the Council as the Committee considers are required.

END