RULES OF DEBATE
35. STANDING TO SPEAK
(1) When a Member speaks at Full Council they must stand and address the meeting through the Mayor. If more than one Member stands, the Mayor will ask one to speak and the others must sit. Other Members must remain seated whilst a Member is speaking unless they wish to make a point of order or a point of personal explanation.
(2) Members will speak of each other in the Council meeting by their respective titles of ‘Mr Mayor’ or ‘Councillor’ as the case may be.
36. MAYOR’S RULING
The Mayor’s ruling on all points of order, on the admissibility of a personal explanation, matters of order or procedure not provided for by, or the interpretation of, these Rules of Procedures, or on any other matter in connection with the conduct of the meeting shall be conclusive, and will not be open to discussion.
37. MAYOR SPEAKING
Whenever the Mayor wishes to speak during a debate, any Member speaking at the time must stop and sit down. The meeting must be silent so that the Mayor may be heard without interruption.
38. MAYOR AND DEBATES
The Mayor will not take part in debate at a meeting of the Council.
39. SPEAKING MORE THAN ONCE
(1) A Member who has spoken on a motion may not speak again whilst it is the subject of debate, except:
(a) to speak once on an amendment moved by another Member;
(b) to move a further amendment if the motion has been amended since he/she last spoke;
(c) if his or her first speech was on an amendment moved by another Member, to speak on the main issue (whether or not the amendment on which he or she spoke was carried);
(d) in exercise of a right of reply;
(e) on a point of order;
(f) by way of personal explanation;
(g) when permitted by the Mayor.
(2) A Member may, prior to moving an amendment, ask a question which the appropriate Chair may answer with a view to obviating the moving of such an amendment.
40. POINT OF ORDER
A Member may raise a point of order at any time. The Mayor will hear them immediately. A point of order may only relate to an alleged breach of these Council Rules of Procedure or the law. The Member must indicate the rule or law and the way in which he or she considers it has been broken. The ruling of the Mayor on the matter will be final.
41. PERSONAL EXPLANATION
A Member may make a personal explanation at any time. A personal explanation may only relate to some material part of an earlier speech by the Member which may appear to have been misunderstood in the present debate. The ruling of the Mayor on the admissibility of a personal explanation will be final.
42. IRRELEVANCE, REPETITION, ETC.
Every Member addressing the Council must speak to the question then under discussion. It will be the duty of the Mayor to call a Member to order for irrelevance, tedious repetition, unbecoming language, imputation of motive, reflection on personal character or any breach of order, and, if the Mayor thinks it necessary, to direct that the speech be discontinued. Such Members will forthwith comply with such direction.
43. TIME LIMIT FOR SPEECHES
(1) No Member shall speak for more than three minutes on any matters, except for:
(a) A motion for which due notice is required to be given under Rule 50 and Rule 51.
(i) the mover may speak for not more than ten minutes when moving the motion, and for five minutes when exercising the right to reply to the debate.
(ii) the seconder may speak for not more than five minutes.
(b) The Chair or other mover of a report or minutes of the Cabinet, Statutory Board or Scrutiny and Review Panel when making a statement under Rules 23 and 29 may speak for not more than ten minutes.
(c) The Chair or other mover of a report of the Cabinet, Statutory Board or Scrutiny and Review Panel when explaining the reasons for a decision under Rule 25 after an amendment has been moved and seconded may speak for five minutes, and when replying at the conclusion of the debate may speak for a further five minutes.
(2) The Mover of an amendment including an amendment to a recommendation of the Cabinet, Statutory Board or Scrutiny and Review Panel is entitled to speak for no more than three minutes.
(3) This Rule shall not apply to the speech of the Chair of the Cabinet when submitting the annual Council Tax, revenue and capital estimates.
44. RIGHT OF PROPOSER OF A MOTION TO REPLY AT THE END OF A DEBATE
(a) The mover of a motion has a right to reply at the end of the debate on the motion, immediately before it is put to the vote.
(b) If an amendment is moved the mover of the original motion has the right of reply at the close of the debate on the amendment, but may not otherwise speak on it.
(c) The mover of the amendment has no right of reply to the debate on his or her amendment.
(d) The mover of the motion will not introduce any new matter in the reply.
45. VOTING AT COUNCIL MEETINGS
(1) Majority
Unless this Constitution provides otherwise, any matter will be decided by a simple majority of those Members voting and present in the room at the time the question was put.
(2) Mayor’s Casting Vote
If there are equal numbers of votes for and against, the Mayor, as Chair, will have a second or casting vote. There will be no restriction on how the Mayor chooses to exercise a casting vote.
(3) Electronic Voting System
Unless a ballot or recorded vote is demanded under Rules 43 (4) and 43 (5) the Mayor will take the vote by using the Electronic Voting System, or if there is no dissent, by the affirmation of the meeting.
(4) Ballots
The vote will take place by ballot if a simple majority of the Members present at the meeting demand it but no expenditure of money shall be voted by ballot. The Mayor will announce the numerical result of the ballot immediately the result is known.
(5) Recorded Vote
If 12 Members present at the meeting demand it, the names for and against the motion or amendment or abstaining from voting will be taken down in writing and entered into the minutes. A demand for a recorded vote will override a demand for a ballot.
(6) Right to Require Individual Vote to be Recorded
Where any Members request it immediately after the vote is taken, their vote will be so recorded in the minutes to show whether they voted for or against the motion or abstained from voting.
(7) Voting on Appointments
If there are more than two people nominated for any position to be filled and there is not a clear majority of votes in favour of one person, then the name of the person with the least number of votes will be taken off the list and a new vote taken. The process will continue until there is a majority of votes for one person.
46. COUNCIL IN COMMITTEE
The Council may, by a vote, resolve itself into a Committee of the whole Council, and whilst in Committee there shall not be any restriction as to the number of times that a Member shall speak on any question, unless the Mayor directs otherwise.
47. EXCLUSION OF PUBLIC
Members of the public and press may only be excluded either in accordance with the Access to Information Rules in Part 4 of this Constitution or Rule 48 (Disturbance by Public).
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