1. The Chair of the Authority shall preside at meetings of the Authority. The Chair of each committee shall preside at the meeting of that committee. The exception to this is at the annual general meeting, or when neither the Chair nor the Vice-Chair are present (as set out in paragraph 2 below) when the first order of business is the election of the Chair. The Monitoring Officer will preside over the meeting until the Chair is elected.
2. In the absence of the Chair at any meeting, the Vice-Chair shall preside at the meeting. In the absence of both, the members present shall, as their first item of business move to appoint one of them to be Chair of the meeting.
3. The ruling of the Chair upon the meaning and application of these standing orders shall be final.
4. For the avoidance of doubt, this standing order shall apply to all formal meetings of the Authority including committees.
5. The names of the members present at a meeting of the Authority shall be recorded.
6. Members of the Authority shall be entitled to attend meetings of committees other than those of which they are members but shall not take part in any proceedings without the consent of the committee nor in any case vote.
7. The order of business for any meeting shall be determined by the agenda for that meeting.
8. With the exception of the election or appointment of the Chair, the order of business as set out in the agenda may be varied by the Chair at their discretion.
9. Agenda items will be determined by the Monitoring Officer and relevant Chair in line with:
9.1 Matters reserved to the full Authority.
9.2 Committee terms of reference.
9.3 Notice of motions submitted by members.
10. Every item of business shall be relevant to some matter in relation to which the Authority has a function or is within the terms of reference for the relevant committee.
11. An item of business not included in the agenda shall only be considered if the Chair and Monitoring Officer are of the opinion that the item should be considered at the meeting as a matter of urgency. The circumstances shall be specified in the minutes.
12. In order to allow for a report under section 25 of the Local Government Act 2003 to be prepared and considered, notice of any alternative budget proposals to the one being considered must be given as soon as practicable, and no later than seven working days in advance of the meeting.
13. Agendas for meetings of committees shall, subject to paragraph 14, be furnished only to members of such committees. Reports contained in part two of agendas for the Authority and committees shall be marked as "Private and Confidential. Not for publication by virtue of paragraph ( ) of Part I of Schedule 12A to the Local Government Act 1972".
14. Members not serving on such committees may, on request in writing to the Monitoring Officer and subject to agreement of the Chair, be supplied with part one and part two of the agenda for the committees concerned, where allowed under the provisions of the Local Government Act 1972 subject to those reports in part two being treated as private and confidential.
15. Minutes of the proceedings of a meeting of the Authority shall, subject to paragraph 16 below, be drawn up and entered in a book kept for that purpose. They shall be signed at the same or at the next suitable meeting of the Authority by the Chair, and any minute purporting to be so signed shall be received in evidence without further proof.
16. Notwithstanding anything in any enactment or rule of law to the contrary, the minutes of the proceedings of meetings of the Authority may be recorded on loose leaves consecutively numbered, signed, and each leaf initialled, at the same or next suitable meeting of the Authority, by the Chair. Any minute purporting to be so signed shall be received in evidence without further proof.
17. Until the contrary is proved, minutes of meetings that have been made and signed in accordance with paragraph 15 or 16 shall be deemed to have been duly convened and held, and all the members present at the meeting shall be deemed to have been duly qualified.
18. For the purposes of paragraphs 15 and 16, the next suitable meeting of the Authority is their next following meeting or, where standing orders made by the Authority in accordance with regulations under section 20 of the Local Government and Housing Act 1989 provide for another meeting of the Authority to be regarded as suitable, either the next following meeting or that other meeting.
19. Members will at all times conduct themselves in accordance with the Code of Conduct, the Nolan principles, the Core Code of Ethics, and will abide by rules of common courtesy. The Chair is empowered to take action or make directions as necessary to maintain this.
20. Members will at all times follow the procedures in this constitution to ensure meetings run effectively and efficiently. The Chair is empowered to take action or make directions as necessary to maintain this.
21. If the Chair acts to call a member to order or to direct the course of the proceedings, the member speaking shall give way.
22. If any member refuses to obey the ruling of the Chair, the Chair shall be empowered to 'name' such offending member and it may be moved and seconded (without debate) that the offending member be suspended from the meeting. If upon such motion being carried, the offending member refuses to comply, the Chair may take steps for the removal of the offending member.
23. During debate, only one member may speak at a time.
24. A member when speaking shall address the Chair.
25. If two or more members indicate a wish to speak, the Chair shall call on one to speak in the order they indicated; the other or others shall then be silent.
26. While a member is speaking, the other members shall remain silent, unless indicating a point of order or personal explanation (as set out at paragraphs 34-39).
27. A member of the Authority may ask the Chair of the meeting any question upon an item in a report when that item is under consideration by the Authority or committee.
28. Every question shall be put and answered without discussion.
29. An answer may take the form of:
29.1 A direct oral answer.
29.2 A reference to a publication where the desired information is contained.
29.3 A written answer circulated to members and documented in the minutes where the reply to the question cannot conveniently be given there and then.
30. A member shall direct their speech to the question under discussion or to a personal explanation or to a point of order.
31. Unless the Chair decides otherwise in a particular case, each speech shall be limited to five minutes.
32. A person exercising a right of reply shall be limited in their reply to five minutes.
33. A member who has spoken on any matter shall not speak again whilst that matter is the subject of debate, except:
33.1 In exercise of a right of reply.
33.2 On a point of order.
33.3 By leave of the Chair.
33.4 By way of personal explanation.
34. A member may raise a personal explanation and with the approval of the Chair shall be entitled to be heard at that time.
35. A personal explanation shall be confined to some material part of a former speech by them that may appear to have been misunderstood in the present debate.
36. The ruling of the Chair on the admissibility of a personal explanation shall be final.
37. A member may raise a point of order and be entitled to be heard at that time.
38. A point of order shall relate only to an alleged breach of a standing order or statutory provision and the member shall specify the standing order or statutory provision and the way in which they consider it has been broken.
39. The ruling of the Chair on a point of order shall be final.
40. The details of the exact procedural steps relating to any manner of voting shall be explained by the Monitoring Officer. The Authority shall normally vote upon matters by a show of hands expect where the vote is for the appointment of the Chair or Vice-Chair of the Authority (which will be an anonymous vote) or in accordance with paragraphs 44 to 47 below.
41. If both a recorded (named) vote and an anonymous vote are proposed and voted in favour for the same item, then it is the recorded (named) vote that will take precedence.
42. The Chair and Monitoring Officer shall ascertain the number voting for or against any question and their declaration as to the result shall be conclusive.
43. In the event of an equality of votes the Chair of the meeting shall have a second or casting vote.
44. The Authority shall normally vote upon matters by a show of hands but where any member proposes that a recorded vote be taken, a vote will be taken on this.
45. If five members vote in favour, then the names of the members present and their votes on the original matter shall be taken by the Monitoring Officer and recorded in the minutes.
46. An anonymous ballot may be held if it is proposed and five of the members vote in favour. Standing Order 5 also provides that an anonymous ballot must be held for the election of the Chair and Vice-Chair of the Authority.
47. Where immediately after a vote (other than a recorded vote or an anonymous ballot) is taken, if requested by any member it shall be recorded in the minutes how that member voted (or abstained).
48. Subject to this standing order, members of the public (which includes employees of Lancashire Fire and Rescue Service) are not allowed to speak or take part in any such meetings.
49. Should a member of the public wish to draw any matter to the attention of the full Authority or a committee, they should submit a written submission to be read out. This should be submitted to the Monitoring Officer for consideration at least three working days before the date of the meeting (not including the date of the meeting).
50. If the member of the public wishes to address the meeting orally rather than in writing, this should be detailed in the written submission with reasons as to why an oral address is needed.
51. In exceptional circumstances, a member of the public may speak during a meeting without prior notice and a written submission as set out in this paragraph. This will be at the discretion of the Chair (taking into account the factors listed at paragraph 53 below) and will only be considered where it was not reasonably practicable for notice and a written submission to have been prepared (for example something arising unexpectedly during a meeting).
52. Whether any such submission is in fact read out at the meeting (or an oral address is allowed) is at the discretion of the Chair of that meeting in consultation with the Monitoring Officer and Vice-Chair.
53. In exercising their discretion referred to in paragraphs 51 and 52 above, the Chair should consider the following (this is a non-exhaustive list and other factors may be deemed relevant):
53.1 The relevance of the subject to be raised to items on the agenda or matters under discussion in the meeting.
53.2 What other evidence or discussion has already or will be heard on the same subject and whether this is a repetition of matters already aired.
53.3 Whether there is any other appropriate forum or channel for the member of the public to raise this subject and have their voice heard.
53.4 The level of disruption the intervention may cause to the meeting (in terms of time; the nature of the subject to be aired; whether it is considered to be a vexatious or malicious point or delivered in an abusive fashion).
53.5 The overall impact of the intervention on the efficient and orderly running of the meeting.
54. Unless the chair decides otherwise in a particular case, members of the public will be limited to speak for five minutes.
55. If a member of the public interrupts the proceedings at any meeting the Chair shall warn them. If they continue the interruption, the Chair shall order their removal. If the Chair considers it essential for the purpose of the effective conduct of business, they may adjourn the meeting to another place, day or time.
56. The Authority or a committee may, by resolution, exclude the press and other members of the public from a meeting during an item of business. This is on the basis that it is likely, in view of the nature of the business to be transacted or the nature of the proceedings, that if they remained present there would be disclosure to them of exempt information as defined in Section 100I of the Local Government Act 1972. If moved and seconded, a majority vote on the exclusion of the press and public will be taken.
57. The press and other members of the public shall be excluded from a meeting whenever it is likely that confidential information as defined in Section 100A(3) of the Local Government Act 1972 would be disclosed to them in breach of the obligation of confidence.
58. Any business subject of a resolution under paragraphs 56 and 57 of this standing order shall stand adjourned until all other business of the meeting has been transacted. At that point the press and other members of the public shall leave the meeting and the adjourned business shall be considered.
59. Pursuant to Section 100A of the Local Government Act 1972, members of the public are permitted to attend any meeting of the full Authority or its committees (subject to exclusion in accordance with this standing order).
60. Subject to paragraph 10, no motion shall be moved at any meeting of the Authority unless notice has been given:
60.1 in writing;
60.2 signed by the member or members of the Authority giving the notice (an email by the member or members giving notice would be regarded as sufficient for this purpose);
60.3 and delivered (or emailed) to the Monitoring Officer at least 14 clear working days before the next meeting of the Authority, not counting the day of the meeting.
61. The Monitoring Officer shall keep a record of the date motions were received and the order in which they were received.
62. The Chair of the Authority shall have discretion not to accept any notice of motion where:
62.1 In the opinion of the Monitoring Officer the notice of motion is out of order, illegal, irregular, or improper.
62.2 The Chair, after consultation with the Monitoring Officer, determines that the matter can be more appropriately dealt with in some other way.
63. The Monitoring Officer shall notify the member as to the reasons for non-acceptance of any notice of motion.
64. The Monitoring Officer shall set out in the agenda for every meeting of the Authority and committees, all motions which have been duly given in the order in which they have been received.
65. If a motion set out in the agenda is not moved either by:
65.1 a member who gave notice of it; or
65.2 another member at the member’s request and on their behalf, with the concurrence of the Chair of the Authority, it shall, unless postponed by consent of the Authority, be treated as withdrawn and shall not be moved without fresh notice.
66. A member of the Authority who has proposed a motion which has been referred to any committee shall be entitled to attend that committee and to speak to the item.
67. The following motions and amendments may be moved without notice:
67.1 Appointment of a Chair of the meeting at which the motion is made.
67.2 Motions relating to the accuracy of the minutes.
67.3 That an item of business specified in the agenda is dealt with earlier in the meeting.
67.4 That any item of business be referred to a committee.
67.5 That a committee, sub-committee or working group be appointed in connection with any item mentioned in the summons to the meeting.
67.6 Adoption of reports and recommendations of any committee or officer and any consequent resolutions.
67.7 That leave be given to withdraw a motion.
67.8 Extending the time limit for speeches.
67.9 Amendments to motions.
67.10 That the Authority proceeds to the next business.
67.11 That the question now be put.
67.12 That the debate be now adjourned.
67.13 That the Authority do now adjourn.
67.14 Suspending any standing orders.
67.15 Motions to exclude the public, under Section 100A(4) Local Government Act 1972.
67.16 That a recorded vote or anonymous ballot be taken.
68. An amendment shall be relevant to the motion and shall be either:
68.1 To refer a subject of debate to a committee, sub-committee or working group for consideration or re-consideration.
68.2 Amend the words but any such omission, insertion or addition of words shall not have the effect of negating the motion.
69. If an amendment is lost, other amendments to the original motion may be moved.
70. If an amendment is carried, the motion as amended shall take the place of the original motion and shall (without any formal vote to this effect) become the substantive motion upon which any further amendment may be moved.
71. The mover may, with the consent of the seconder and members in the meeting, withdraw a motion or amendment by way of a vote and no person may then speak upon it.
72. A motion or amendment shall not be discussed unless it has been proposed and seconded and it shall, if required by the Chair, be put into writing and handed to the Chair and Monitoring Officer before it is further discussed or put to the meeting.
73. A member when moving a motion or amendment may introduce the motion or reserve their speech until a later period of the debate.
74. A mover of a motion or amendment also has a right to reply at the close of the debate on the motion, immediately before it is put to the vote.
75. A reply shall be strictly confined to answering previous speakers and shall not introduce new matters.
76. Once a motion has been moved and seconded any member can speak on it.
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