(a) elect a person to preside if the Chairman of the Council is not present;

(1) Council Meeting Procedure Rules Part 1 - Meetings and proceedings of Council 1. Annual Meeting of the Council Timing and business 1.1 When there is an ordinary election of councillors, the annual meeting will take place within 21 days of the outgoing councillors retiring. In any other year, the annual meeting will take place on a date in May. 1.2 The annual meeting will: (a) elect a person to preside if the Chairman of the Council is not present; (b) elect the Chairman of Council; (c) elect the vice chairman of Council; (d) approve the minutes of the last meeting; (e) receive any announcements from the Chairman and/or Head of Paid Service; (f) elect the Leader, (who also will be the Chairman of the Policy Group); (g) elect the Deputy Leader; (h) appoint, a Standards Committee and such other committees, sub-committees and groups as the Council considers appropriate; and (i) consider any business set out in the notice calling the meeting. Selection of Councillors on meetings and outside bodies 1.3 At the annual meeting, the Council will: (a) decide the allocation of seats to political groups in accordance with the political balance rules; (b) receive nominations of Councillors to serve on each meeting and outside body; and (c) make appointments to those meetings and outside bodies except where the appointment has been delegated by the Council. 2. Ordinary Meetings Ordinary meetings of the Council will take place on dates agreed by the Council. Ordinary meetings will: part-4-rules-of-procedure.docx 49

(a) elect a person to preside if the chairman or vice chairman are not present; (b) approve the minutes of the last meeting; (c) receive any announcements from the Chairman, Leader or Head of Paid Service; (d) deal with public participation time questions etc under Rule 8; (e) receive reports from the Council's meetings and receive questions and answers on any of those reports; (f) deal with formal questions from Councillors under Rule 9; (g) consider motions under Rule 10; and (h) consider any other business specified in the summons to the meeting. 3. Extraordinary Meetings 3.1 In addition to ordinary meetings: (a) the Council by resolution; (b) the Chairman of the Council; or (c) any five councillors if they have signed a request specifying the single item of business that they want to be considered at a meeting and presented it to the Chairman and the Chairman fails to call a meeting within seven days of receiving the request or refuses to call a meeting, may call an extraordinary meeting of the Council and the Chief Executive shall arrange for a summons to be given to every member of the Council. 4. Time and place of Meetings The time and place of meetings will be determined by the Council in advance and notified in the notice calling the meeting. 5. Notice of Meetings 5.1 The Chief Executive will leave or send by post a notice calling a meeting to every Councillor of the Council at their usual place of residence. The notice will give the date, time and place of each meeting and specify the business to be transacted, and will be accompanied by such reports as are available. Normally, not less than five clear working days notice will be given unless the meeting is urgent. 5.2 Unless the Chairman considers that an item of business is urgent, no other business that is not on the notice of the meeting will be considered at the meeting. 5.3 The Access to Information Procedure Rules will apply to the giving notice to the public of the time and place of any meeting. part-4-rules-of-procedure.docx 50

6. Chairman of Meeting The person presiding at the meeting may exercise any power or duty of the chairman. 7. Quorum 7.1 The quorum for a meeting of the Council will be 8 councillors. 7.2 During any meeting if the Chairman counts the number of councillors present and declares that there is not a quorum present, then the meeting will adjourn immediately. Any remaining business will be considered at a time and date fixed by the Chairman. If the Chairman does not fix a date, the remaining business will be considered at the next ordinary meeting. 8. Public Participation Time General 8.1 At the beginning of each normal meeting of the Council a period of up to 15 minutes will be allowed for members of the public to raise issues of concern or interest about matters where the Council has powers or duties or which directly affect the District. The Chairman will not allow any participation which in his opinion is of an individual or personal nature or is about individual applications. 8.2 Public participation may take the form of asking a question, making a statement or presenting a petition. 8.3 The member of the public will be invited to address the Chairman for up to three minutes or in the case of a deputation, one of them, for up to five minutes 8.4 A member of the public may raise one issue only at any one meeting. Response 8.5 The Chairman will invite the appropriate Councillor or officer to reply. An answer may take the form of: (a) a direct oral answer/brief response; (b) where the information is in a publication of the Council or other published work, a reference to that publication; or (c) where the reply cannot conveniently be given orally, a written answer circulated later to the member of the public. 8.6 Alternatively the issue raised may be referred to an appropriate meeting to be considered and any Councillor may propose this. part-4-rules-of-procedure.docx 51

Further questions 8.7 Both the public and Councillors may be permitted by the Chairman to ask supplementary questions about the issue raised. When deciding whether to allow supplementary questions the Chairman will consider the length of the original representation and any response, and any other anticipated public participation. Record 8.8 The minutes of the meeting will record briefly the nature of the issue raised and the response. 9. Questions by Councillors On reports of meetings 9.1 A Councillor may ask the Chairman of a committee, sub-committee, group or the relevant Portfolio Holder any question upon a report of a meeting when that report is being received or considered by the Council. Questions on notice at a meeting of the Council 9.2 Subject to Rule 9.3, a Councillor may ask: (a) the Chairman; (b) the Leader, or (c) the relevant Portfolio Holder a question on any matter in relation to which the Council has powers or duties or which affects the District. Notice of questions 9.3 A Councillor may only ask a question under Rule 9.2 if either: (a) notice of the question has been given to the Chief Executive by 10am on the day seven working days before the Council meeting; or (b) where the question relates to urgent matters, they have the agreement of the Chairman and the content of the question is given, if possible, to the Chief Executive by 10 am on the day of the meeting. The text of any question of which not less than 10 days clear notice has been given will be set out in the Council agenda. Response 9.4 Every question must be put and answered without discussion but the person to whom the question has been put may decline to answer. An answer may take the form of: part-4-rules-of-procedure.docx 52

(a) a direct oral answer; (b) where the information is in a publication of the Council or other published work, a reference to that publication; or (c) where the reply cannot conveniently be given orally, a written answer circulated later to the questioner. The full text of the original question will be set out in the minutes of the meeting together with the full text if possible (failing which a resume) of the answer and any supplementary question and answer). 9.5 Supplementary question A Councillor asking a question under Rule 9.2 may ask one supplementary question without notice of the Councillor to whom the first question was asked. The supplemental question must arise directly out of the original question or the reply and must not introduce a new subject matter. 10. Motions on notice 10.1 Notice Except for motions which can be moved without notice under Rule 11, written notice of every motion, signed by the Councillor or Councillors, must be delivered to the Chief Executive at least 10 clear days before the date of the meeting. 10.2 Motion set out in agenda Unless the Councillor giving notice states, in writing, that they propose to move their motion to a later meeting or withdraw it, the text of any motion of which not less than 10 days clear notice has been given will be set out in the Council agenda. Motions shall be set out in the order in which notice was received. 10.3 Scope A motion must be about a matter for which the Council has a responsibility or which affects the District. 10.4 Motion not moved If a motion set out on the Council agenda is not moved either by a Councillor who gave notice of it or by some other Councillor on his behalf, it will, unless postponed by consent of the Council, be treated as withdrawn and may not be moved without further notice. 10.5 Automatic reference to another meeting If the subject matter of a motion is delegated to a committee it shall, upon being moved and seconded, be referred without discussion to the next meeting of that committee for consideration and report with a recommendation. part-4-rules-of-procedure.docx 53

If however, the Chairman considers it convenient and conducive to the despatch of business, the Chairman may allow the motion to be dealt with at the meeting at which it is moved. 11. Motions without notice The following motions may be moved without notice: (a) to appoint a chairman of the meeting at which the motion is moved; (b) in relation to the accuracy of the minutes; (c) to change the order of business in the agenda; (d) to refer something to an appropriate body or individual; (e) to make an appointment arising out of an item on the summons for the meeting; (f) to receive reports or adopt recommendations of meetings or officers and any resolutions following from them; (g) to withdraw a motion; (h) to amend a motion; (i) to proceed to the next business; (j) that the question be now put; (k) to adjourn a debate; (l) to adjourn a meeting; (m) to suspend a particular Council meeting procedure rule; (n) to exclude the public and press in accordance with the Access to Information Procedure Rules; (o) to not hear further a Councillor named under Rule 18.3 or to exclude them from the meeting under Rule 18.4; and (p) to give the consent of the Council where its consent is required by this Constitution. 12. Rules of debate 12.1 No speeches until motion seconded No speeches may be made after the mover has moved a proposal and explained the purpose of it until the motion has been seconded. part-4-rules-of-procedure.docx 54

12.2 Right to require motion in writing Unless notice of the motion has already been given, the Chairman may require it to be written down and handed to the Chairman before it is discussed. 12.3 Seconder's speech When seconding a motion or amendment, a Councillor may reserve their speech until later in the debate. 12.4 Content and length of speeches Speeches must be directed to the question under discussion or to a personal explanation or point of order. No speech may exceed 5 minutes in the case of a mover of a motion and 3 minutes in all other cases without the consent of the Chairman. 12.5 When a Councillor may speak again A Councillor 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 Councillor; (b) to move a further amendment if the motion has been amended since he/she last spoke; (c) if their first speech was on an amendment moved by another Councillor, to speak on the main issue (whether or not the amendment on which they spoke was carried); (d) in exercise of a right of reply; (e) on a point of order; (f) by way of personal explanation; or (g) with the agreement of the Chairman. 12.6 Amendments to motions (a) An amendment to a motion must be relevant to the motion and will either be: (i) (ii) (iii) to refer the matter to an appropriate body or individual for consideration or reconsideration; to leave out words; to leave out words and insert or add others; or (iv) to insert or add words as long as the effect of (ii) to (iv) is not to negate the motion. part-4-rules-of-procedure.docx 55

(b) Only one amendment may be moved and discussed at any one time. No further amendment may be moved until the amendment under discussion has been disposed of. (c) If an amendment is not carried, other amendments to the original motion may be moved. (d) If an amendment is carried, the motion as amended takes the place of the original motion. This becomes the substantive motion to which any further amendments are moved. (e) After an amendment has been carried, the Chairman will read out the amended motion before accepting any further amendments, or if there are none, put it to the vote. 12.7 Alteration of motion (a) A Councillor may alter a motion of which they have given notice with the consent of the meeting. There will not be any discussion about whether the meeting should give consent or not. (b) A Councillor may alter a motion which they have moved with the consent of both the meeting and the seconder. There will not be any discussion about whether the meeting should give consent or not. (c) Only alterations which could be made as an amendment may be made. 12.8 Withdrawal of motion A Councillor may withdraw a motion which they have moved with the consent of both the meeting and the seconder. There will not be any discussion about whether the meeting should give consent or not. No Councillor may speak on the motion after the mover has asked for consent to withdraw it unless consent is refused. 12.9 Right of reply (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 their amendment. 12.10 Motions which may be moved during debate When a motion is under debate, no other motion may be moved except the following procedural motions: part-4-rules-of-procedure.docx 56

(a) to withdraw a motion; (b) to amend a motion; (c) to proceed to the next business; (d) that the question be now put; (e) to adjourn a debate; (f) to adjourn a meeting; (g) to exclude the public and press in accordance with the Access to Information Procedure Rules; and (h) to not hear further a Councillor named under Rule 18.3 or to exclude them from the meeting under Rule 18.4. 12.11 Closure motions (a) A Councillor may move, without comment, the following motions at the end of a speech of another Councillor: (i) (ii) (iii) to proceed to the next business; that the question be now put; to adjourn a debate; or (iv) to adjourn a meeting. (b) If a motion to proceed to next business is seconded and the Chairman thinks the item has been sufficiently discussed, they will give the mover of the original motion a right of reply and then put the procedural motion to the vote. (c) If a motion that the question be now put is seconded and the Chairman thinks the item has been sufficiently discussed, they will put the procedural motion to the vote. If it is passed the Chairman will give the mover of the original motion a right of reply before putting their motion to the vote. (d) If a motion to adjourn the debate or to adjourn the meeting is seconded and the Chairman thinks the item has not been sufficiently discussed and cannot reasonably be so discussed on that occasion, the Chairman will put the procedural motion to the vote without giving the mover of the original motion the right of reply. 12.12 Point of order A Councillor may raise a point of order at any time. The Chairman will hear them immediately. A point of order may only relate to an alleged breach of these Council Meeting Procedure Rules or the law. The Councillor must indicate the rule of law and the way in which they consider it has been broken. The ruling of the Chairman part-4-rules-of-procedure.docx 57

on the matter will be final. 12.13 Personal explanation A Councillor may make a personal explanation at any time. A personal explanation may only relate to some material part of an earlier speech by the Councillor which may appear to have been misunderstood in the present debate. The ruling of the Chairman on the admissibility of a personal explanation will be final. 12.14 Matters of urgency (a) Subject to (b) below, no item of business may be considered at a meeting of the Council unless the agenda including the item and any accompanying report has been open to inspection by the public for at least 5 clear working days before the meeting. (b) An item of urgency may however be considered with the approval of the Chairman provided the Chairman is satisfied that there are special circumstances which justify consideration of the item. (c) Where an item is deemed to be a matter of urgency, a minute specifying the special circumstances shall be included in the minutes of the meeting. (ADVISORY NOTE: To assist the Chairman of the meeting, Councillors are asked to inform the Chief Executive or Democratic and Electoral Services Manager of a request for an urgent item by 10 am on the day of a Council meeting). 13 Previous Decisions and Motions 13.1 Motion to rescind a previous decision Subject to 13.3, a motion or amendment to rescind a decision made at a meeting of Council within the past six months cannot be moved unless the notice of motion is signed by at least one third of all Councillors. 13.2 Motion similar to one previously rejected Subject to 13.3, a motion or amendment in similar terms to one that has been rejected at a meeting of Council in the past six months cannot be moved unless the notice of motion or amendment is signed by at least one third of all Councillors. Once the motion or amendment is dealt with, no one can propose a similar motion or amendment for six months. 13.3 Exceptions This Rule does not apply to motions moved following a recommendation of another meeting or a report from an officer. part-4-rules-of-procedure.docx 58

14. Voting 14.1 Majority Unless this Constitution provides otherwise, any matter will be decided by a simple majority of those Councillors present in the room at the time the question was put and voting. 14.2 Chairman's casting vote If there are equal numbers of votes for and against, the Chairman will have a second or casting vote. There is no restriction on how the Chairman chooses to exercise a casting vote. 14.3 Show of hands Unless a recorded vote is demanded under Rule 14.4 or required by statute, the Chairman will take the vote by show of hands, or if there is no dissent, by the affirmation of the meeting. 14.4 Recorded vote (a) If any Councillor present at the meeting (supported by one other Councillor present) demands it before the vote is taken, the names for and against the motion or amendment or abstaining from voting will be taken down in writing and entered into the minutes. (b) At a meeting at which a vote on any decision related to the calculations for the setting of the council tax takes place, the names for and against the motion or amendment or abstaining from voting must be taken down in writing and entered into the minutes immediately after any vote is taken. 14.5 Right to require individual vote to be recorded Where any Councillor requests 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. 14.6 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. 15. Minutes 15.1 Signing the minutes The Chairman will sign the minutes of the proceedings at the next suitable meeting. The Chairman will move that the minutes of the previous meeting be signed as a correct record. Only the accuracy of the minutes will be discussed. part-4-rules-of-procedure.docx 59

15.2 No requirement to sign minutes of previous meeting at extraordinary meeting Where the next meeting for the purpose of signing the minutes is an Extraordinary Meeting, then the next following ordinary meeting will be treated as a suitable meeting. 15.3 Receipt of minutes (a) The minutes or notes of any meeting with recommendations needing to be adopted by the Council will be submitted to the Council by the Chairman or Vice-Chairman of the meeting moving "that the minutes (or notes) of the meeting held on be received and (if there are any) the recommendations contained set out in the minutes be adopted". In default of the Chairman or Vice-Chairman of the meeting, the motion may be moved by the appropriate Portfolio Holder or any other Councillor. (b) The Chairman of Council will then ask for a seconder and whether any Councillor has any question, motion or amendment to raise or make on any item. After all items have been dealt with, the motion (as proposed or subsequently amended) shall at once be put and voted upon without further discussion. 16. Record of Attendance The names of all Councillors present during the whole or part of a meeting will be recorded by the clerk of the meeting in an attendance register. 17. Exclusion of Public Members of the public and press may only be excluded either under the Access to Information Procedure Rules in Part 4 of this Constitution or Rule 19 (Disturbance by Public). 17A. Call-In of Council Decisions 17A.1 Circumstances in which call-in is to apply A decision may be called-in where Members have evidence suggesting that the Council did not comply with the principles set out in Article 12 of the Council s Constitution (Decision Making) when making its decision. 17A.2 Exclusion of certain decisions Call-in will not apply to (a) quasi-judicial decisions eg. development control and licensing; (b) decisions that have been implemented; or (c) decisions to which Council Procedure Rule * (Call-in and Urgency) applies. part-4-rules-of-procedure.docx 60

17A.3 Procedure The call-in procedure is:- (a) The minutes of the Council recording its decisions will be sent electronically by the Chief Executive to Members normally within four working days of the Council meeting. The minutes will also be published and made available at the main offices of the Council. (b) Any decision recorded in the minutes will be able to be implemented on the expiry of five working days after the first publication of the minutes unless the decision is called in. (c) During the period of five working days after the first publication of the minutes any six Members of the Council either individually or collectively may make a request in writing to the Chief Executive to call-in a decision. The request must identify the principles in Article 12.2 alleged to have been broken and give reasons for the call-in. If the Chief Executive is satisfied that the request complies with this Council Procedure Rule he will notify all Members of the callin and arrange for the decision to be included on the agenda of the next meeting of the Council. (d) The Council may confirm the decision, reach another decision, or call for a further report. 17A.4 Effect of Call-in (a) Once six Members of the Council have given notice to call-in a decision and it has been accepted by the Chief Executive, the decision may not be implemented until the Council has considered the called-in decision and confirmed it or substituted its own decision. In either case the decision of Council will be effective immediately. (b) If having considered a called-in decision Council calls for a further report the decision may not be implemented until the Council has considered the further report. 17B Call-In and Urgency 17B.1 Call-in not to apply to urgent decisions (a) The call-in procedure set out above shall not apply where the decision being taken by the Council is urgent. A decision will be urgent if any delay likely to be caused by the call-in process would seriously prejudice the Council s interests or the wider public interest. (b) The minute of the decision and notice by which it is made public shall state whether in the opinion of the Chief Executive or his nominee, the decision is an urgent one and therefore not subject to call-in. part-4-rules-of-procedure.docx 61

18. Councillors' Conduct 18.1 Standing to speak When a Councillor speaks at Council they must stand and address the meeting through the Chairman. If more than one Councillor stands, the Chairman will ask one to speak and the others must sit. Other Councillors must remain seated whilst a Councillor is speaking unless they wish to make a point of order or a point of personal explanation. 18.2 Respect for chairman When the Chairman stands during a debate, any Councillor speaking at the time must stop and sit down. The meeting must be silent. 18.3 Councillor not to be heard further If a Councillor persistently disregards the ruling of the Chairman by behaving improperly or offensively or deliberately obstructs business, the Chairman or any other Councillor may move that the Councillor is not heard further. If seconded, the motion will be voted on without discussion. 18.4 Councillor to leave the meeting If the Councillor continues to behave improperly after such a motion is carried, the Chairman may move that either the Councillor leaves the meeting or that the meeting is adjoined for a specified period. If seconded, the motion will be voted on without discussion. 18.5 General disturbance If there is a general disturbance making orderly business impossible, the Chairman may adjourn the meeting for as long as he/she thinks necessary. 18A Reporting of meetings 18A.1 When a meeting is open to the public, any person may report on the meeting, but they are not permitted to provide an oral report or commentary during a meeting while present in the meeting. 18A.2 For the purposes of these Rules reporting means (a) filming, photographing or making an audio recording of proceedings at a meeting, (b) using any other means for enabling persons not present to see or hear proceedings at a meeting as it takes place or later, or (c) reporting or providing commentary on proceedings at a meeting, orally or in writing, so that the report or commentary is available as the meeting takes place or later to persons not present. part-4-rules-of-procedure.docx 62

19. Disturbance by the public 19.1 Removal of member of the public If a member of the public interrupts proceedings, or when reporting during the meeting acts or carries out any activity which disrupts the conduct of the meeting, the Chairman will warn the person concerned. If they continue to interrupt, or disrupt the meeting the Chairman will order their removal from the meeting room. 19.2 For the purposes of Rule 19.1 acts or activities by a member of the public that are likely to disrupt the conduct of the meeting include: (a) moving to areas outside the areas designated for the public without the consent of the Chairman; (b) excessive noise in recording or setting up or re-siting equipment during the debate/discussion; (c) intrusive lighting and use of flash photography; (d) asking for people to repeat statements for the purposes of recording; (e) filming or taking photographs of members of the public who have actively objected to being filmed or photographed. 19.3 Clearance of part of meeting room If there is a general disturbance in any part of the meeting room open to the public, the Chairman may call for that part to be cleared. 20. Suspension and Amendment of Council Meeting Procedure Rules 20.1 Suspension Any Council Meeting Procedure Rule except Rules 14.4b, 14.5, 15.2 and 18A may be suspended by motion on notice or without notice if at least one half of the whole number of councillors of the Council are present. Suspension can only be for the duration of the meeting. 20.2 Amendment (a) Any Council Meeting Procedure Rule except Rules 14.4b, 14.5, 15.2 and 18A may be modified, but once any motion to add to, vary or revoke any Council Meeting Procedure Rule has been proposed and seconded, the motion will be adjourned without discussion to the next ordinary meeting of the Council. (b) Paragraph (a) does not apply to motions moved following a recommendation of another meeting or a report from an officer. part-4-rules-of-procedure.docx 63

Part II - Meetings and proceedings of other meetings 21. Application of Rules to Other Meetings All of the Council Meeting Procedure Rules in Part I apply to meetings of full Council. Rules 4-8 (except that Rule 7 does not apply to the Standards Committee), 12 (but not that part of Rule 12.5 - speaking once only), 14-19 (but not Rules 14.4(b) recorded votes on council tax votes or 18.1 - standing to speak), apply to other Meetings with any necessary modification. 22. Appointment of Committees 22.1 The Council must, at the annual meeting appoint such committees as it is required to appoint by or under any statute or by virtue of Article 7 of the Constitution. At any time, the Council may appoint or delete such other committees as it considers necessary. 22.2 The Council or every committee appointed by the Council may appoint, as appropriate, sub-committees or groups for purposes to be specified. 23. Procedure for Appointment of Committees reflecting the political composition of the Council 23.1 As soon as possible after the elections (in years of ordinary elections) or in good time in other years, the Chief Executive will advise the leaders of the political groups and the nominated representative of any Independent Councillors, of the apportionment of seats where applicable on each committee so as to reflect the political composition of the Council. 23.2 Not later than 10 am on the eighth day before the Annual Meeting of the Council, the leaders of the groups and the nominated representative of any Independent Councillors must inform the Chief Executive in writing of their respective nominations where applicable for membership of the committees. 23.3 Poor attendance at meetings and persistent part-attendance at meetings shall be taken into consideration in the allocation of places on meetings where the demand for places exceeds the number of places available. 23.4 Committees will be appointed at the Annual Meeting of the Council and the Chief Executive will include with the agenda for that committee the nominations for membership. 23.5 When appointing to working parties and other similar bodies the Council will where practical, allocate seats wherever possible according to the political composition of the Council so that unless other factors prevent it, a minimum of one Councillor from each of the political groups (including any Independent) is appointed. 24. Election of Chairmen of Committees 24.1 As and when the committees have been appointed at the Annual Meeting of the Council, the Annual Meeting will be adjourned as necessary to allow each committee to appoint its Chairman and Vice-Chairman. Non-members of the part-4-rules-of-procedure.docx 64

committee will leave their chairs while the committee makes its appointments. 24.2 The chairman of the Policy Group must not be also chairman of the Planning Committee. 24.3 As necessary the Chairman of Council will act as Chairman of meetings for the purpose of election of Chairman each year. For this purpose the Chairman of Council will be appointed a member of any meeting on which he/she is not a member in their own right; in such circumstances the Chairman will not be entitled to vote except in the event of an equality of votes in which case the Chairman will have a casting vote only. 25. Special meetings 25.1 A special meeting of a committee may be called by: (a) The chairman of the committee (b) a quarter of the whole number of the committee (being not less than three members) giving notice in writing to the Chief Executive. 25.2 The summons to the special meeting will set out the business to be considered, and no business other than that set out in the summons will be considered at that meeting. 26. Quorum 26.1 Subject to Article 7 the quorum of a committee will be one quarter of the whole number of councillors on the committee, except that in no case will the quorum be less than 2 councillors. 27. Mover of Motion may attend meeting A Councillor who has moved a motion which has been referred to any meeting of which they are not a member is entitled to attend the meeting and have an opportunity of explaining the motion. 28. Attendance at meetings of non-members and observers 28.1 The Chairmen of Council, Policy Group and Audit & Governance Committee (or their Vice-Chairmen in their absence) are ex-officio members (without voting rights) of any committee of which they are not a member in their own right. 28.2 Subject to 28.3 and to complying with the Council s Code of Conduct for Councillors, any Councillor is entitled to attend any committee of which they are not a member and take part in the deliberations, provided that the Councillor is not entitled to speak more than once on any particular item under consideration unless otherwise invited by the chairman of the committee, but must not vote and must retire from a meeting if requested by the committee so to do. Non-members of the committee must, if present, sit apart from the Councillors so as to avoid confusion in counting votes. part-4-rules-of-procedure.docx 65

28.3 With the agreement of the chairman observers may attend meetings, sit with the officers and (with the agreement of the chairman of the meeting) may address the meeting. See also Article 8 in Part 2 of the Constitution for similar rights for non-councillor members of the Standards Committee. 29. Procedure for Councillors to have matters raised at meetings Subject to 12.14 if a Councillor wishes to suggest a particular item (on any matter in relation to which the Council have powers or duties or which affects the District) to be considered by a committee they must give written notice to the Chief Executive, to be received by the Chief Executive no later than 4 clear days before the normal date of despatch of an agenda. The Chief Executive will then ensure an item is placed on the agenda, to be accompanied where necessary and practicable by an Officer's report. 30. Withdrawal of reports If an agenda item or agenda report is withdrawn either by a Councillor or by an officer, a reasoned statement will be included on the agenda and/or minutes for that meeting. part-4-rules-of-procedure.docx 66

(2) Financial Procedure Rules 1. Introduction 1.1. Under Section 151, of the Local Government Act 1972, the Council is required to make arrangements for the proper administration of its financial affairs and ensure that one of its officers has responsibility for the administration of those affairs by designating that officer as the Chief Finance Officer. In order for him to fulfil this obligation, the following Financial Procedure Rules have been approved by the Council. Where there is delegation of a financial matter within these rules to an individual General Manager this is a delegation by the Chief Financial Officer. 1.2. The Chief Financial Officer has appointed the General Manager - Resources as Deputy Chief Financial Officer, who has full authority to act as the Council s Chief Financial Officer. 1.3. All references to the Chief Financial Officer in these Financial Procedure Rules are deemed to include the Deputy Chief Financial Officer. 1.4. All references to General Managers includes the Chief Executive. 1.5. All references to Chief Executive or General Manager includes any officer duly authorised by them to act under these Rules. 1.6. The Chief Financial Officer can allow exceptions to these rules where he believes that the interests of the Council would be best served if the rules were not applied. 1.7. A written record of any exceptions must maintain and the Chief Financial Officer must submit an annual report to Council summarising his decisions. 1.8. These Financial Procedures Rules apply equally to any partnership where the Council exercises management control. If in any doubt issues should be discussed with the relevant General Manager and/or Chief Financial Officer. 1.9. Deliberate contravention of Rules is deemed gross misconduct under the Council's Disciplinary Rules. 2. Financial Planning 2.1. The Financial Strategy will be submitted to Council each year setting out the financial plans for the next five years, based on the agreed Corporate Strategy. The Audit and Governance Committee shall be responsible for the effective scrutiny and monitoring of the Treasury Management Strategy and policies. 2.2. A programme of capital expenditure and estimates of income and expenditure on the revenue account shall be submitted to Council for such future period(s), in such form, following such general principles, and by such date(s) as Council shall require. 2.3. Council shall consider and approve the aggregate effect of these programmes and estimates on the Council's financial resources and decide on the level of demand to be made on the collection fund for the coming financial year. part-4-rules-of-procedure.docx 67

3. Budgets 3.1. The Chief Financial Officer and Deputy Chief Financial Officer will liaise over the overall form and detail of capital and revenue estimates. 3.2. The inclusion of any item in the approved capital estimates will not provide authority to incur expenditure other than minor preliminary expenses until:- (a) a detailed financial appraisal of the scheme or project, including the detailed revenue consequences, has been submitted to and approved by Council; and (b) the necessary financing arrangements are in place, including all necessary approvals obtained from Government. 3.3. The inclusion of any item in the approved revenue estimates provides authority to incur the expenditure and raise the income, unless Council has placed a reservation on any such item or items and subject where necessary to a report having been submitted in accordance with Rules 4.6 and 4.8. 4. Budgetary Control 4.1. The Financial Procedure Rules dealing with budgetary control apply to income and expenditure equally. 4.2. It is the duty of every General Manager to monitor and regulate their financial performance during each estimate period, including both income and expenditure. 4.3. Where the General Manager concerned considers that the approved net revenue expenditure of a cost centre might be exceeded, it is their duty, after consultation with the Chief Financial Officer, to promptly inform Council in order that necessary action may be taken either to avoid the excess or, in appropriate circumstances, to approve a supplementary estimate. 4.4. Expenditure may not be incurred which cannot be met from the amount approved in the revenue estimate for the cost centre to which that expenditure would be charged, or which would result in an overspend in the year on that cost centre, unless virements have been arranged or supplementary estimates have been submitted and approved by Council. 4.5. Virement between budget lines of the annual revenue estimates need not be approved by Council provided it does not: compromise policy objectives for the cost centre relinquishing the budget; does not result in any additional costs or commitments in future years; does not utilise fortuitous savings in expenditure or increases in income; and does not involve virement from recharge budgets. Any virement must be reported to the Deputy Chief Financial Officer who will report virements between cost centres in excess of 500 in budget monitoring reports. 4.6. The Deputy Chief Financial Officer can approve supplementary estimates in respect of underspent budgets from the previous year s revenue estimates, where the money is to be used for a related purpose. In the case of revenue grants where there is a commitment to pay during the financial year in which the budget exists part-4-rules-of-procedure.docx 68

but, because of certain conditions having to be satisfied, the grant is not paid until after the end of the year, the Deputy Chief Financial Officer can carry forward the original budget sum. All such supplementary estimates to be detailed in the regular budget monitoring report to the Audit and Governance Committee. 4.7. All proposals dealing with existing or new sources of revenue expenditure shall be submitted to Council for approval. 4.8. Where the approved expenditure on a capital project could be exceeded by more than 5%, it is the duty of the General Manager concerned after consultation with the Deputy Chief Financial Officer, to promptly inform Council in order that necessary action may be taken either to avoid the excess or, in appropriate circumstances, to submit a supplementary estimate. 4.9. A proposal to vary the approved programme of capital expenditure by the addition, deletion or material modification of a project in that programme must be submitted to Council for approval. 4.10. No commitment should be authorised within the categories set out below (subject to Rule 4.11 below) without Council first considering a report prepared by the appropriate General Manager in consultation with the General Manager - Resources and after consideration by the Management Team. (a) proposals for expenditure on building or civil engineering works exceeding 40,000 in total; (b) proposals for expenditure on supplies and services exceeding 40,000 in total; (c) proposals for substantial changes in policy or any new policy development; (d) any other new or continuing expenditure which in the opinion of the Chief Financial Officer would benefit from special appraisal. (e) The report will comprehensively review the proposal, set out any reasonable alternatives and indicate the recommendation, which will provide the most suitable and economical course of action taking into account the requirements and essential needs of the service concerned in the light of the overall responsibilities of the Council. 4.11. When, by reason of urgency, a proposal must be submitted to Council for consideration before the procedures required under these Rules can be completed, Council will not authorise any commitment unless it is satisfied as to the reasons for the urgency which must be incorporated in the record of the decision. 4.12. Where any matter is liable to materially affect the Council s finances the relevant General Manager must consult the Chief Financial Officer before any provisional or other commitment is incurred or before reporting the matter to Council. 4.13. Where there is a proposal for a:- (a) new policy; or part-4-rules-of-procedure.docx 69

(b) variation of existing policy; or (c) variation in the means or time-scale of implementing existing policy which materially affects the Council's finances, a report must be submitted to Council. 4.14. Routine monitoring reports will be submitted to the Audit and Governance Committee setting out the Council's financial position, including a report on the annual accounts, as soon as practicable and within the statutory deadlines. 4.15. Nothing in these Rules will prevent expenditure being incurred which is essential to meet any immediate needs created by a sudden emergency or which is referable to Section 137 of the Local Government Act 1972, subject to this action being reported to the next Council meeting. 5. Financial Procedures 5.1. All financial procedures and records of the Council and its officers will be determined by the Chief Financial Officer in consultation with the appropriate General Manager. 5.2. The Chief Financial Officer is responsible for the preparation of the Council's corporate accounts and their presentation for external audit. 5.3. All officers of the Council must ensure that the financial records of the Council are complete, accurate and up to date. 6. Internal Audit 6.1. In accordance with the Accounts and Audit Regulations 2011, made under Section 23 of the Local Government Act 1982, a continuous audit of accounting, financial and other operations of the Council will be carried out. The standard of audit coverage must comply with that laid down in the CIPFA Code of Practice for Internal Audit in Local Government in the United Kingdom 2003, Auditing Practices Board guidelines and standards laid down by the relevant professional bodies. 6.2. Responsibility for the provision of an internal audit service has been delegated, by the Council, to the Chief Financial Officer. 6.3. The Internal Audit Manager, or any member of internal audit duly authorised, has the authority to:- (a) (b) (c) (d) enter any Council premises or land; have access to all records, documents and correspondence relating to any financial and other transactions of the Council; require and receive such explanations as are necessary concerning any matter under examination; and require any employee of the Council to produce cash, stores or any other part-4-rules-of-procedure.docx 70

Council property under their control, whether on Council premises or elsewhere. 6.4. The Internal Audit Manager will have sufficient independence for the performance of all duties in a manner which will allow professional judgement and recommendations to be effective and impartial. 6.5. The Internal Audit Manager will, under normal circumstances, report to the Chief Financial Officer but has full discretion to report to the Chairman or Leader of the Council as appropriate. 6.6. The Internal Audit Manager may at any time pass information to the Council s external auditor or the police. 7. Banking Arrangements and Cheques 7.1. All arrangements with the Council's bankers will be made by the Chief Financial Officer who is authorised to operate such banking accounts as he may consider necessary. 7.2. All cheques on the Council's banking accounts must bear the signature of the Chief Financial Officer or that of any officer authorised by him. A list of all authorised signatories will be maintained by the Chief Financial Officer. 7.3. Cheques drawn for amounts in excess of their specified limits must have the limit crossed through and the amendment initialled by an officer on the list of authorised cheque signatories. 7.4. All cheques drawn for amounts in excess of 5,000 must be counter signed by an officer on the list of authorised cheque signatories. 7.5. The Chief Financial Officer will ensure that all banking accounts are reconciled promptly, at no less than monthly intervals. 8. Contracts under Seal 8.1. Payments on account to contractors must only be made on a Certificate of Payment issued by the appropriate Authorising Officer. 8.2. Subject to the provisions of the contract in each case any variation must be authorised in writing. 8.3. Where a contract is paid by instalments the final sum due must not be certified for payment until Internal Audit have had the opportunity to carry out an audit examination of the final account and all associated documentation. 8.4. Claims from contractors in respect of matters not clearly within the terms of any existing contract must be referred to the Solicitor to the Council for consideration of the authority's legal liability and, where necessary, to the Chief Financial Officer for financial consideration before a settlement is reached. part-4-rules-of-procedure.docx 71

8.5. Where completion of a contract is delayed beyond the contract period, it will be the duty of the General Manager concerned, to consult the Solicitor to the Council, with regard to appropriate action in respect of any claim for liquidated damages. 8.6. In any contract where the total cost exceeds or is expected to exceed by more than 5% the approved contract sum, the General Manager must submit a report of such costs to the Audit and Governance Committee at the earliest opportunity. 9. Income 9.1. All fees and charges must be set by the Council and not waived without the Council's approval unless the officer has specific delegated authority to set and/or waive fees and/or charges. 9.2. The Revenues and Benefits Partnership Manager is responsible for the billing and collection of National Non-Domestic Rates and council tax. 9.3. Each General Manager is responsible for ensuring that: (a) all grants, subsidies, contributions etc. are claimed promptly and the sums involved notified to the General Manager - Resources to monitor payment; (b) all other income is promptly invoiced via the official system using a Sundry Debtors Invoice Request, save to the extent that the Chief Financial Officer may otherwise determine. 9.4. The General Manager - Resources is responsible for ensuring that accounts are rendered promptly in respect of Sundry Debtors Invoice. 9.5. All receipt forms, books, tickets and other such items shall be approved, ordered, stored and issued by the General Manager Resources. 9.6. In the case of cash sales, the goods or materials sold must not be released until the cash has been deposited with an authorised official of the Council. 9.7. Where a payment is made to the Council, other than directly to a recognised cash office, the officer receiving that payment must issue an official Sundry Receipt. 9.8. All money received by any officer, on behalf of the Council, must be paid into the Council's Cash Office, or where previously arranged, direct to a Council bank account. The paying in of money should be on a daily basis, save to the extent that the Chief Financial Officer may otherwise determine. 9.9. Every transfer of money from one member of staff to another must be evidenced in the records of the service concerned by the signature of the receiving officer. 9.10. Where cash is collected, appropriate collection and deposit records must be maintained as determined by the Chief Financial Officer. 9.11. All remittances must be banked in the form in which they are received (cash, cheques etc.). Personal cheques must not be cashed out of monies held on behalf of the Council. part-4-rules-of-procedure.docx 72