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You are Here: The Constitution / Constitution Part 4 / Procedure Rule 22 - 32
Procedure Rules 22 - 31

DEPUTATIONS

22. DEPUTATIONS TO THE COUNCIL, THE CABINET, STATUTORY BOARDS AND SCRUTINY AND REVIEW PANELS

(1)  Subject to (2) below, persons wishing to send a deputation (which may also include the presentation of a petition except in the case of the Licensing and Planning Boards) to any of these bodies shall give at least one clear day notice in writing or electronic mail to the Head of Law and Corporate Governance explaining the subject of the deputation (including, where appropriate, details of any petition). No deputation shall be received except with the permission of the appropriate body.

No deputation shall comprise more than three persons, all of whom may address the appropriate meeting and the deputation shall not exceed five minutes in duration.

(2) Persons wishing to send a deputation to the Planning Board in respect of a planning application that has been included on the Schedule of Planning Applications for Member consideration must submit their request to the Head of Law and Corporate Governance not later than 10.00 a.m. on the Friday prior to the meeting.

(3) Subject to (1) and (2) above the Head of Law and Corporate Governance shall deal with requests for deputations strictly in accordance with the following procedure:-

(a)  Where the issue is the subject of a recommendation or notice of motion to the next full Meeting of the Council

The request shall be placed on the agenda for that Council Meeting and the Council shall be asked whether it is willing to receive the deputation.

When a deputation has been received by the Council, there shall be no discussion on the points raised and the matter shall stand deferred until the relevant recommendation or notice or motion is presented to the Council.

(b)  Where the issue is on the Agenda for the Cabinet, a Statutory Board or Scrutiny and Review Panel.

The request shall be placed on the agenda and the meeting shall be asked whether it is willing to receive the deputation.

When a deputation has been received the matter shall stand deferred until the appropriate business is reached, when any Member of the Cabinet, Statutory Board or Scrutiny and Review Panel may move a motion.

The terms of the motion must be relevant to the deputation and within the duties of the Cabinet, Statutory Board or Scrutiny and Review Panel.

(c)   Where the issue is the subject of a resolution of the Council, the Cabinet or one of the Statutory Boards or Scrutiny and Review Panel within the previous six months and is not covered by (a) or (b) above.

Deputations shall not be entertained when any of those bodies has resolved upon the issue within the previous six months.

(d) Where the issue is not before the Council, the Cabinet or one of its Statutory Boards or Scrutiny and Review Panels and has not been resolved upon in the previous six months.

The request shall be placed on the appropriate agenda and the meeting shall be asked whether it is willing to receive the deputation. When a deputation has been received the matter shall stand deferred to enable the appropriate Officers to prepare a report on the matters raised within the deputation.

(e) Where the issue is before the Statutory Planning (Visiting) Board.

The Statutory Planning (Visiting) Board shall not receive deputations.

(f) Where an Officer is going to make a decision on a planning application in accordance with the Council’s ‘Scheme of Delegation to Officers’

Deputations shall not be received in respect of such planning applications.

(4) When a petition has been presented as part of a deputation it shall be dealt with in

accordance with Rule 23(9).

 

23. PETITIONS

(1) At a meeting of the Council, Cabinet, or a Scrutiny and Review Panel local residents and Councillors may present a petition, signed by persons other than Members of the Council.

(2) The Head of Law and Corporate Governance shall include the following item on the agenda for meetings of the Council, Cabinet and Scrutiny and Review Panels:

"Presentation of petitions."

(3) The subject of the petition must relate to a function of the Council or to something that affects the area, or part of the area of the town, or affects the inhabitants, or some of the inhabitants, of the town.

(4) Persons wishing to present a petition shall give notice in writing or by electronic mail to the Head of Law and Corporate Governance (and include their name and address and details of the wording of the petition) by no later than one working day before the meeting at which they wish to present it.

(5) A petition may be presented by not more than two persons who will have up to five minutes in which to read out, or summarise, the objectives of the petition and indicate the number and description of the signatories.

(6) The Head of Law and Corporate Governance in consultation with the appropriate Chair, shall determine that the petition is in order and may be received.

(7) Petitions shall be presented in the order in which the Head of Law and Corporate Governance receives notice of them.

(8) Persons presenting a petition at a meeting in accordance with this Procedure Rule will not at the same meeting be permitted to also make a separate deputation on the issue to which the petition relates.

(9) When a petition has been presented there will be no debate but after receiving the petition the meeting will resolve:

(a) “That the petition be noted”: or

(b) If the contents of the petition relates to a matter on the agenda for the meeting:

“That the contents of the petition be considered when the appropriate item is debated”; or

(c) If the contents of the petition relates to a matter that is not on the agenda for the meeting:
 
“That consideration of the matter be deferred to the next meeting to enable the officers to prepare a report on the issues raised within the petition”; or

(d) “That the petition be referred (as appropriate) to:

• Leader of the Council; or the
• Relevant Cabinet Member, or
• Chair of the relevant meeting

for further consideration and a response”


REPORTS OF THE CABINET, STATUTORY BOARDS AND SCRUTINY AND REVIEW PANELS


24. PRESENTATION OF REPORTS

(1) Except on grounds of special urgency or expediency the order in which reports will be presented to the Council will be:-

(a) that of the Cabinet, and

(b) those of the Statutory Boards and Scrutiny and Review Panels in rotation.

(2) On a report of the Cabinet, a Statutory Board or Scrutiny and Review Panel being presented the Chair, Vice-Chair or some other Member of the Cabinet, Statutory Board or Scrutiny and Review Panel who was present at the meeting shall move its adoption.

25. ADOPTION OF REPORTS

The Chair or other Member when presenting a report which includes one or more recommendations to the Council shall move:-

 ‘That the report be received and adopted’.

When moving the reception or adoption of a report the Chair or other Member may, by leave of the Council, make a statement of general interest.  Such statement shall be purely factual and shall not introduce any matter of a controversial nature.

26. MEMBERS MAY SPEAK ON REPORTS

(1) Following the presentation to the Council of a report on its adoption being duly moved, any Member can move a motion without notice as referred to in  Rule 48.

(2) Where a Member has asked a question on the reports in accordance with Rule 19 and the Chair or other Member has declined to answer for lack of proper notice, the matter shall be deferred until the remainder of the business at the meeting has been completed.  Such Member can then move any motion permitted by these Rules of Procedure on the subject in relation to which such question has been asked.

(3) No discussion shall be allowed on matters in respect of which the Cabinet, Statutory Board or Scrutiny and Review Panel has delegated powers.

27. CHAIR’S EXPLANATION AND RIGHT OF REPLY

Immediately after a valid amendment of a recommendation of the Cabinet, Statutory Board or Scrutiny and Review Panel has been moved and seconded, the Mayor shall call on the relevant Chair or other Member to explain to the Council the reason for the recommendation which is the subject of the motion.  Should a debate take place following the Chair or other Member’s explanation, the Chair or other Member shall be allowed to reply at the conclusion of the debate.

28. PRESENTATION OF JOINT REPORTS AND REPORTS ON ONE SUBJECT FROM TWO OR MORE OF THE COUNCIL’S DECISION MAKING BODIES

(1) Where a joint report of two or more of the Councils decision making bodies is to be presented to the Council, the Chair of each body (or in his absence the Vice-Chair or another member of the body) shall in turn present the joint report to the Council.  Questions asked in accordance with Rule 19 may be addressed to any Chair involved in the presentation of a joint report.

If a valid amendment on the recommendations of a joint report has been moved and seconded, each Chair shall be called on by the Mayor to give an explanation of the original recommendations.

At the end of any debate following explanations by the Chairmen, each such Chair shall be allowed to reply in accordance with Rule 25.

(2) Where reports on one subject by two or more decision making bodies are to be presented to the Council, the Mayor may direct that immediately following the presentation of the first report, the other reports shall be presented so that any amendments and debates on that subject may be taken at one time.

Questions asked in accordance with Rule 19 may be addressed to any Chair involved in the presentation of any one of the reports.

If a valid amendment on the recommendations of any of the reports has been moved and seconded, each Chair involved in the presentation of the reports shall be called on by the Mayor to give an explanation of the original recommendation.

At the end of any debate following explanations by the Chairmen, each such Chair shall be allowed to reply in accordance with Rule 25.

29. RESOLUTION ON REPORTS

All resolutions necessary to give effect to a recommendation which has been either approved or amended and approved by the Council will be formally entered on the Council minutes without further motion or motions.

30. AMENDMENTS OR WITHDRAWALS BY THE CHAIR

A Chair may withdraw or amend any recommendation with the consent of the Council.  No member shall then be entitled to speak on the whole or any part of any recommendation to which consent to withdraw is given.

31. STATEMENT BY CHAIR

(1) Where notice has been given to the Chief Executive by a Chair or Cabinet Member with appropriate portfolio the Mayor with the permission of the Council, may call on that person to make a statement on any matter arising on the minutes of his or her decision making body.

(2) Such a statement will be purely factual and will not introduce any matter of a controversial nature.

(NOTE: None of the foregoing Procedure Rules in relation to ‘Reports’ negate the Statutory rights of the Head of Paid Service, the Monitoring Officer and the Chief Finance Officer to present reports direct to full Council.

The appropriate Statutory provisions are set out in the following legislation:
Section 4 of the Local Government and Housing Act 1989 – Head of Paid Service
Section 5 of the Local Government and Housing Act 1989 – Monitoring Officer
Sections 114 and 115 of the Local Government Finance Act 1988 –Chief Finance Officer)
 



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    Page Updated: 21 Nov 2006