Index
11 MEETINGS TO BE OPEN TO PUBLIC AND PRESS
12 MOTIONS WHICH MAY BE MOVED WITHOUT NOTICE
16 REVERSAL OF PREVIOUS RESOLUTION
19 WHEN STANDING ORDERS MAY BE SUSPENDED, REVOKED OR ALTERED
21 AUTHORISATION AND AUTHICATION OF DOCUMENTS
24 APPOINTMENT OF CHIEF OFFICER
25 APPENDICES TO STANDING ORDERS
These Standing Orders are made for the regulation of the meetings, proceedings and business of the South Downs National Park Authority pursuant to the Environment Act 1995 ("the 1995 Act"); the South Downs National Park Authority (Establishment) Order 2010 (“the 2010 Order”); Part IV of Schedule 12 to the Local Government Act 1972 and all other enabling powers.
In these Standing Orders, unless inconsistent with the subject or context:
‘The Authority’ shall mean the South Downs National Park Authority.
‘Member’ shall mean a person elected as a Councillor and appointed to the Authority by a Local Authority or a person appointed to the Authority by the Secretary of State in accordance with the 2010 Order and Schedule 7 to the 1995 Act
‘Chair’ and ‘Deputy Chair’ shall mean the Members so appointed for the time being in accordance with Standing Order 2
‘Chief Executive’ (National Park Officer)’ shall mean the person appointed by the Secretary of State as Acting National Park Officer under paragraph 9 of the 2010 Order, or by the Authority in accordance with paragraph 14 of Schedule 7 of the 1995 Act.
‘Officer’ shall mean a person employed by or on behalf of the Authority.
The headings to the clauses and schedules shall not affect the interpretation
Words importing any gender shall include every gender
Any reference to any statute (whether or not specifically named) shall include any statutory modification or re-enactment of it for the time being in force and any order, instrument, plan, regulation, permission and direction made or issued under it, or under any statute replaced by it or deriving validity from it
The Local Government Act 1972 (‘the 1972 Act’)
The Local Authorities (Standing Orders) Regulations 1993 (‘the 1993 Regulations’)
The Environment Act 1995 (‘the 1995 Act’)
The Local Government Act 2000 (‘the 2000 Act’)
The Relevant Authorities (Standards Committees) Regulations 2001 ('the 2001 Regulations')
The South Downs National Park Authority (Establishment) Order 2010 (“the 2010 Order”)
The Local Authorities (Model Code of Conduct) Order 2007 (‘the 2007 Order’)
1. MEMBERSHIP OF THE AUTHORITY
1.1 The Authority shall consist of such persons as shall be elected or appointed by the relevant local authorities and the Secretary of State pursuant to Regulation 4 and Schedule 1 to the 2010 Order.
1.2 Membership of the Authority shall at all times be regulated in accordance with Appendix 1 to these Standing Orders.
1.3 Nothing in these Standing Orders shall in any way derogate from Schedule 7 to the 1995 Act as regards disqualification of Members.
Local Government Act 1972 Sch 12 para 5
2.1 At the Annual Meeting of the Authority the first item of business shall be to elect a Chair of the Authority and the second item of business shall be to elect a Deputy Chair of the Authority.
2.2 Elections at the Annual Meeting of the Authority and any meeting of the Authority and its Committees shall be held in accordance with the Rules on Elections set out in Appendix 2
2.3 The Chair and Deputy Chair shall be elected for a period not exceeding one year but both such persons shall, on ceasing to hold office at the end of their elected term, be eligible for re-election...
2.4 The Chair or Deputy Chair may at any time resign his/her office by notice in writing delivered to the Chief Executive (National Park Officer).
2.5 A person shall cease to hold office as Chair or Deputy Chair of the Authority upon ceasing to be a Member of the Authority.
2.6 If any vacancy in the office of Chair or Deputy Chair shall arise it shall be the duty of the Members of the Authority to secure that the vacancy is filled as soon as possible.
2.7 Where a casual vacancy in the office of Chair or Deputy Chair of the Authority is filled the person then elected shall hold office until the next Annual Meeting of the Authority. The meeting at which the casual vacancy is to be filled must be convened by the Chief Executive ( National Park Offic
2.8 At a meeting of the full Authority the Chair, if present, shall preside.
2.9 If the Chair is absent from a meeting of the full Authority the Deputy Chair, if present, shall preside.
2.10 If both the Chair and Deputy Chair of the Authority are absent, the Members of the Authority present at that meeting shall choose a person from their number to preside as Chair for that meeting.
2.11 For the avoidance of any doubt, any powers or duty in relation to the conduct of a meeting assigned to the Chair by these Standing Orders may be exercised by any person presiding at a meeting in accordance with Standing Order 2.10.
3.1 Number of Meetings
The Authority shall in every year hold one Annual Meeting and at least three other meetings for the transaction of general business.
3.2 Dates of Meetings
The meetings of the Authority shall be held as near as may be at regular intervals on such dates as the Authority shall determine. The Chief Executive (National Park Officer) in consultation with the Chair shall have authority to change the date of any meeting of the Authority if, in their opinion, such change is necessary for the convenient and/or efficient dispatch of Authority business.
3.3 Date of Annual Meeting
The Annual Meeting of the Authority shall be the first meeting held after 1st June in any year.
3.4 Extraordinary Meetings
An extraordinary meeting of the Authority may be called at any time by the Chair or, if the office of Chair is vacant, the Deputy Chair.
In addition the Chair shall call an extraordinary meeting of the Authority upon receipt of a written request for that purpose specifying the nature of the important or urgent business, signed by five Members of the Authority. Should the Chair not call an extraordinary meeting within seven days of receipt of the request, any five Members of the Authority may forthwith call an extraordinary meeting of the Authority.
3.5 Time of Meetings
The meetings of the Authority shall commence at such times as the Authority shall determine. The Chief Executive (National Park Officer) in consultation with the Chair shall have authority to change the time of any meeting of the Authority if, in their opinion, such change is necessary for the convenient and/or efficient dispatch of Authority business.
3.6 Summons for a Meeting
The Chief Executive (National Park Officer) shall issue a public notice of the time and place of any meeting of the Authority together with a summons to every Member of the Authority to attend the meeting, to be issued not less than five clear working days before the meeting to which it relates.
The summons will normally be sent electronically to all members, unless a member specifically requests an exception to be made for them
The summons for any extraordinary meeting shall set out the business proposed to be transacted at that meeting and be signed by those members calling the meeting.
The Chief Executive (National Park Officer) must send a copy of the summons to the proper office of each of the South Downs local authorities, Natural England, and the Secretary of State. The summons will normally be sent electronically unless otherwise requested.
Want of service of a summons on any Member of the Authority shall not affect the validity of any meeting.
3.7 Public Participation
The Agenda for every meeting of the Authority and its committees and sub-committees shall include an item making provision for participation by the public through questions and/or statements in accordance with Appendix 3.
Local Government Act 1972 Sch 12 para 6
4.1 Except where authorised by statute or otherwise specifically ordered by the Authority, no business shall be transacted at a meeting of the Authority or its committees or sub-committees unless:
at least one-third of the whole number of Members of the Authority, committee or sub-committee are present, provided that in no case shall the quorum of any committee be less than three Members;
of those present at least one is a local authority Member and at least one a Member appointed to the Authority by the Secretary of State.
Note: the quorum for a meeting of the full Authority of 27 Members is 9
4.2 The quorum for a meeting of the Standards Committee shall be three, of which one shall be a Member of the Authority and one an Independent Member
4.3 If, during any meeting of the Authority, the Chair after counting the number of Members present, declares that there is not a quorum present, the meeting shall stand adjourned for 15 minutes, or until a quorum shall be present, whichever shall be the sooner time.
4.4 If at the end of the period of adjournment in accordance with Standing Order 4.3 above, after counting the number of Members present, the Chair declares that there is not a quorum present, the meeting shall forthwith end and any business shall stand adjourned to the next meeting of the Authority
4.5 In the application of this Standing Order to any committee or sub-committee, the meeting may continue at the discretion of the Chairman of that committee or sub-committee provided that the absence of a quorum shall be noted in the minutes and no decision shall be taken or resolution made without submission of the proposal to the Authority.
4.6 Where more than one-third of the Members of the Authority become disqualified at the same time, the quorum of the Authority shall be determined by reference to the number of Members of the Authority at that time remaining qualified.
Local Government Act 1972 s.100B(4) & Sch 12 para 4(2)
5.1 At the Annual Meeting only, the appointment of the Chair and Deputy Chair shall be in accordance with the procedure set out in Standing Order 2;
5.2 Subject to paragraphs 5.1, 5.3 and 5.4 of this Standing Order and any statutory requirements, the order of business at every meeting of the Authority shall normally be:
(a)in the absence of both the Chair and the Deputy Chair, to choose a Member of the Authority to preside;
(b) to deal with any business required by statute to be done before any other business;
(c) to approve and sign as a correct record the Minutes of the last meeting of the Authority. This sub-clause shall not apply to any extraordinary meeting of the Authority unless at such extraordinary meeting the business transacted alters or affects in any way any resolution passed at a previous meeting of the Authority for which the minutes have not received approval and signature;
(d) to receive public participation in accordance with Appendix 3
(e) to deal with any business expressly required by statute to be done;
(f) the Chair's announcements and correspondence;
(g) to introduce any business which by reason of special circumstances such that the Chair, after consultation with the Chief Executive (National Park Officer), is of the opinion that the matter should be considered as a matter of urgency AND then to resolve when such business should be ordered on the Agenda;
(h) to dispose of business remaining from the last meeting;
(i) to consider motions in the order in which notice has been received;
(j) other business specified in the summons;
(k) to consider questions from Members of which notice has been given in accordance with Standing Orders;
(l) to consider any items required to be considered in private session without the press and public present.
5.3 The order of business falling under items 5.1 and 5.2 (a) and (b) shall not be displaced.
5.4 At an extraordinary meeting the order of business falling under items 5.1 and 5.2 (a) and (b) shall not be displaced and any other business shall be exactly that set out in the Summons and no other business shall be considered.
5.5 Subject to paragraphs 5.3 and 5.4 of this Standing Order the order of any other business may be varied either at the Chair's discretion or by a resolution passed on a motion duly moved, seconded and put without debate.
5.6 Any Member who wishes to place a matter appropriate to its remit on the agenda of any committee may do so by giving written notice to the Chief Executive (National Park Officer) at least seven working days before the next ordinary meeting of the committee concerned.
5.7 Except in the case of business required by any statutory provision to be transacted and other business brought before the meeting as a matter of urgency in accordance with the Authority’s Standing Orders, no business shall be transacted at a meeting of the Authority other than that specified in the summons relating thereto.
Local Government Act 1972 Sch 12 paras 41(1) (3) (4) & 44(2)
6.1 Not less than five clear working days prior to every meeting of the Authority a printed copy of the minutes of the previous meeting shall be sent to every Member.
6.2 Provided that Standing Order 6.1 has been complied with, the minutes shall be taken as read at the meeting of the Authority, and the Chair shall immediately put the question ‘May the minutes of the meeting held on the X day of Y be approved as a correct record?’
6.3 Subject to the discretion of the Chair, there shall be no discussion upon the minutes, except upon their accuracy. Any question of their accuracy shall be raised by motion. If no such question is raised, or if it is raised then as soon as it has been resolved, the Chair shall sign the minutes.
6.4 The Chief Executive (National Park Officer) shall make arrangements for a signed copy of the approved Minutes of every meeting of the Authority and every committee and sub-committee of the Authority to be kept securely and any minute purporting to be so signed shall be received in evidence without further proof.
6.5 The provisions contained in this Standing Order shall also apply in relation to meetings of all committees and sub-committees.
6.6 A copy of the minutes of the proceedings at each meeting of the Authority shall be published upon the Authority's website and made available for public inspection within 10 working days of the date of the meeting at which those minutes are approved. A draft copy of the unconfirmed minutes of the proceedings at each meeting of the Authority shall be provided to Members within 15 working days of the date of the meeting. These shall normally be published on a restricted section of the Authority’s website but will not be available for public inspection.
7.1 Every Member attending a meeting of the Authority or any of its committees and sub-committees of which he/she is a member, shall certify his/her attendance by signing against his/her name in the attendance book or record sheet provided for that purpose. It is expected that members will make every effort to attend such meetings.
7.2 A Member shall tender his/her apology to the Member Services Officer not less than 3 days before the date of a meeting which he/she is unable to attend except in the event of emergency or sudden illness.
7.3 In exceptional circumstances, the Chief Executive (National Park Officer) in consultation with the Chair shall be authorised to consider and determine a request from a Member for leave of absence, for a period not exceeding 3 months (such period shall be capable of extension or renewal to a maximum aggregate period of 9 months)
7.4 Unless leave of absence previously been agreed, a Member who fails to achieve at least 75% attendance at meetings of the Authority, or a committee, sub-committee to which he/she has consented to be elected or appointed (a separate record and account to be kept for every such body) in any 12 month period shall be invited by the Chief Executive (National Park Officer) and Chair of the Authority to a meeting to discuss the non-attendance.
8.1 At the Annual Meeting of the Authority, the Authority shall resolve and appoint:
a) the committees and sub-committees necessary to discharge the functions of the Authority
b) the membership or method of appointment for each committee and sub-committee
c) the terms of reference of each of those committees and sub-committees,
d) whether non-voting members, assessors and advisers may also be co-opted to any such committee and sub-committee
e) the limitations, if any, to be placed on the powers of any committee to arrange for the discharge of its functions by a subcommittee
8.2 The committees and sub-committees shall, at their first meeting following the Authority annual meeting, appoint from among their Members, a person to preside at the meetings of each committee and sub-committee, (the Chair)and a Member to preside in the absence of the Chair (the Deputy Chair).
8.3 The Chair and Deputy Chair shall be elected for a period of not exceeding one year, but both such persons shall, on ceasing to hold office at the end of their elected term, be eligible for re-election.
8.4 The number, date, time and place of meetings of every committee and sub-committee shall be as determined by the Authority, or if no such determination is made, as may be decided by the committee and sub-committee or its chairman for the convenient and/or efficient dispatch of its business.
8.5 The Chair and Deputy Chair of the Authority shall be ex officio members of every committee (excepting always the Standards Committee) unless they decline to serve on any particular committee.
8.6 A Member shall have the right to attend any meeting of a committee of which he/she is not a member and may receive the relevant papers thereof however he/she shall not be entitled to speak at that meeting except with the consent of the Chair, neither shall he/she have any right to vote and he/she shall leave the meeting if requested to do so.
8.7 Every committee and sub-committee established under this Standing Order shall at all times be constituted and act in conformity with these Standing Orders and, in particular, the provisions set out in Appendix 4 (Terms of Reference).
Authority Business
A Member may ask any question upon the business before the Authority (i.e. included in the summons for the meeting), if the question is put before the Authority's consideration of such business is concluded.
9.2 Notice of Questions and Replies Thereto
A Member may also:
(a) ask any question relating to the business of the Authority provided written notice is received at the office of the Chief Executive ( National Park Officer) at least nine working days before the meeting, and a response to be made at that meeting;
(b) with the permission of the Chair, put any question relating to urgent business, but a written copy of such question shall be delivered to the Chief Executive (National Park Officer) not later than 3.00pm on the day before the meeting.
Provided that:
(a) where the desired information is contained in any publication of the Authority it shall be deemed a sufficient reply if the publication containing the information is indicated;
(b) if a reply to any question cannot conveniently be given at the meeting it will be deemed a sufficient reply if the answer is circulated to Members within 10 days of the meeting at which the question was asked;
(c) every question shall be put and answered without discussion and no provision shall be made for asking supplementary questions;
A Member or Officer of the Authority shall not:
(a) disclose any information or matter which has been reported to or debated by the Authority or any Committee or Sub-committee and which is confidential information within the meaning of s100A of the 1972 Act; or
(b) without the express permission of the Authority, disclose any information or matter which is identified as exempt information following a resolution pursuant to s100A of the 1972 Act to exclude the public from the meeting.
11. MEETINGS TO BE OPEN TO THE PUBLIC AND PRESS
11.1 Every meeting of the Authority or any committee or sub-committee shall be open to the public and press except in the following circumstances:
(a) the public and press SHALL be excluded from the meeting during an item of business whenever it is likely, in view of the nature of the business to be transacted or the nature of the proceedings, that, if members of the public were present during that item, confidential information as defined in s100A(3) of the 1972 Act would be disclosed to them in breach of the obligation of confidence;
(b) the public and press MAY by resolution under s100A(4) of the 1972 Act be excluded from the meeting during an item of business whenever it is likely, in view of the nature of the business to be transacted or the nature of the proceedings, that if members of the public were present during that item there would be disclosure to them of exempt information, as defined in s100 of the 1972 Act.
(c) A motion under Section 100A (4) of the 1972 Act to exclude the public shall be moved immediately by the Chair and put without debate. If any question arises at a meeting of the Authority or any Committee as to the appointment, promotion, dismissal, salary, superannuation, conditions of service or conduct of any Officer, or where persons are being considered for an appointment with the Authority.
11.2 A resolution under Standing Order 11.1(b) shall identify the proceedings, or the part of the proceedings, to which it applies, and state the description, in terms of Schedule 12A to the 1972 Act, of the exempt information giving use to the exclusion of the public and press.
11.3 Unless the Chair directs otherwise, the business that is the subject of any resolution under Standing Order 11.1 shall, on the passing of that resolution, immediately stand adjourned until the conclusion of all other business at the meeting, at which time the Chair shall invite the public and press to leave the meeting so that the adjourned business shall be considered.
11.4 Unless the Chair directs otherwise, on the conclusion of any item of business taken following a resolution under Standing Order 11.1, Members shall immediately return to the Chief Executive or his nominee all reports, documents and papers relating to that item, for secure disposal as confidential waste.
12. MOTIONS WHICH MAY BE MOVED WITHOUT NOTICE
12.1 The following motions and amendments need not be in writing and may be moved without notice:
(a) Appointment of the Chair and/or Deputy of the meeting at which the motion is made;
(b) Motions relating to the accuracy of the minutes;
(c) To vary the order of business;
(d) For leave to be given to withdraw a motion.
(e) To amend a motion;
(f) To refer the motion to a committee or sub-committee;
(g) Receipt of reports or adoption of recommendations of committees or Officers and any consequent resolutions;
(h) "that the question be now put";
(i) "that the Authority (or committee) proceeds to the next item of business";
(j) "that the debate be now adjourned";
(k) "that the Authority (or committee) do now adjourn";
(l) To exclude the public in accordance with Standing Order 11
(m)"that the Member be not further heard" (Standing Order 17);
(n) "that the Member leave the meeting" (Standing Order 17);
(o) To give the consent of the Authority where the consent of the Authority is required by these Standing Orders.
p) Appointment of a committee or Member thereof occasioned by an item mentioned in the summons to the meeting.
13.1 Notice of Motion
Notice of every motion (other than those which under Standing Order 12.1 may be moved without notice) shall be given in writing and signed by the Member or Members giving the notice and delivered so as to be received, wherever practicable, at least nine working days before the date of the next meeting of the Authority to the Chief Executive (National Park Officer). Upon receipt it shall be dated and numbered in the order in which it is received.
13.2 Motions to be Set out in Summons
The Chief Executive (National Park Officer) shall set out in the summons for every meeting of the Authority all motions of which notice has been duly given in the order in which they have been received, unless the Member when giving such notice intimated in writing that they propose to move it at some later meeting, or has since withdrawn it in writing.
13.3 Motion Not Moved
If a motion which is set out in the summons is not moved either by a Member who gave notice thereof or by some other Member on his/her behalf it shall, unless postponed by consent of the Authority, be treated as withdrawn and shall not be moved without fresh notice.
13.4 Scope of Motion
Every motion shall be relevant to some matter in relation to which the Authority has power or duties or which affects the South Downs National Park.
13.5 Form of Motion
If it shall appear to the Chief Executive (National Park Officer) that a motion of which notice has been received pursuant to Standing Order 14.1 is not in order or is framed in improper or unbecoming language or otherwise fails to comply with the provisions of these Standing Orders, the direction of the Chair shall be sought as to whether and in what form the motion shall be placed upon the Summons and Agenda, and the decision of the Chair, after consultation with the Member giving the notice if possible, shall be final.
14.1 All discussion and debate in a meeting of the Authority or any committee and sub-committee shall be conducted in accordance with the Rules of Debate set out in these Standing Orders in Appendix 5.
14.2 For the purpose of conducting the business of meetings in an informal and amicable manner, it shall always be open to the Chair to allow debate which does not comply with the formalities of Appendix 5.
14.3 Points of Order
A Member may raise a point of order or a matter of personal explanation and shall be entitled to be heard forthwith.
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 he/she considers it has been broken.
A personal explanation shall be confined to some material part of a former speech by him/her which appears to have been misunderstood in the present debate.
The ruling of the Chair on a point of order or on the admissibility of a personal explanation shall not be open to discussion.
14.4 Respect for the Chair
Whenever the Chair speaks during a debate, any Member then speaking shall immediately stop and the Authority shall be silent. The decision of the Chair on all points of procedure, order and interpretation of the Rules of Debate shall be final and no debate shall be permitted thereon Provided Always that the Chair's ruling on a particular issue or matter may be challenged by motion, which motion shall upon being duly seconded, be put without debate.
14.5 The Chair may at any time determine to call upon the meeting to bring its procedures into full and strict conformity with these Standing Orders and the decision as to the necessity for and/or timing of any such determination shall be final and not subject to debate or challenge.
Local Government Act 1972 Sch 12 para 44
15.1 Subject to Standing Order 2.2 every question shall be determined by a show of hands to facilitate the efficiency of the meeting, unless otherwise decided by a majority of the meeting.
15.2 Pursuant to Schedule 12 of the 1972 Act, all questions coming or arising before a meeting of the Authority shall be decided by a majority of the Members of the Authority present and voting at that meeting.
15.3 On the Chair putting a motion to the vote, no further discussion on it shall take place. The question having been put by the Chair and voting having commenced no Member shall speak, nor any questions be asked.
15.4 Where an equality of votes on any matter arising throughout the course of any meeting occurs, the person presiding at that meeting in accordance with these Standing Orders shall have a second or casting vote. For avoidance of doubt, a second vote is where the person presiding at the meeting has already voted on the issue, and a casting vote is when he or she has abstained on the previous vote.
15.5 If immediately after a vote is taken any Member so requests, a record shall be kept in the Minutes of that meeting whether that Member cast his/her vote for the question, against the question or abstained from voting.
16. REVERSAL OF PREVIOUS RESOLUTION
16.1 No motion to rescind or reverse any substantive resolution passed by the Authority within the preceding six months and no motion or amendment to the same effect as one which has been rejected within the preceding six months shall be proposed unless the notice thereof given in pursuance of Standing Order 13 bears the names of at least six Members. When any such motion or amendment has been disposed of by the Authority, it shall not be open to any Member to propose a similar motion within a further period of six months. This Standing Order shall not apply to motions moved in pursuance of a recommendation of a committee.
17.1 If during any meeting of the Authority the Chair forms the opinion that a Member has engaged or is engaging in misconduct by persistently disregarding the ruling of the Chair, or by behaving irregularly, improperly or offensively, or by willfully interrupting or obstructing the business of the Authority, the Chair shall inform the meeting of that opinion and may take any of the following actions, either in sequence or separately:
(a) formally warn the Member regarding his/her conduct;
(b) direct that the Member refrain from speaking during all or part of the debate or meeting;
(c) direct that the Member withdraw from all or part of the remainder of the debate or meeting;
(d) move "That the Member named be not further heard" (the motion being put and determined without seconding or debate)
(e) move "That the Member named do leave the meeting" (the motion being put and determined without seconding or debate)
(f) adjourn the meeting of the Authority for such period as in the opinion of the Chair is expedient
17.2 In the event that an officer or member of the public wilfully interrupts the proceedings at any meeting or behaves irregularly, improperly or offensively, the Chair shall warn him/her regarding his/her conduct. If the misconduct continues or is repeated the Chair shall order that person to leave the room for the remainder of the meeting. If the person refuses or fails to leave the room, or having left the room returns, the Chair may order his/her removal from the room and if necessary, adjourn the meeting until they do so.
17.3 In case of a general disturbance in any part of the room open to the public, the Chair may order that part to be cleared for all or part of the remainder of the meeting. In the event of a general disturbance which, in the opinion of the Chair renders the due and orderly dispatch of business impossible, in addition to any other power vested in him the Chair may, without the question being put, adjourn the meeting of the Authority for such period and to such place as the Chair shall consider expedient.
18.1 The decision-making powers, discretions and duties vested in the Authority are deemed to rest with the Authority as a statutory body corporate, except where they have been expressly delegated under the scheme of delegation to a properly constituted committee or sub-committee of the Authority or a Joint Committee or an Officer of the Authority.
18.2 The Authority recognises that exceptional circumstances may occasionally arise under which it is essential and in the best interests of the Authority for urgent action to be authorised and taken on its behalf, when such action does not fall within the scope of the scheme of delegation.
18.3 In such circumstances, the Chief Executive (National Park Officer) shall be empowered to act on the Authority's behalf, provided always that all such action shall be in accordance with policy and in the best interests of the Authority and shall only be taken after (a) having consulted with the Chair; and (b) having received and considered such legal and specialist advice as may be required to make a reasonable decision.
18.4 In the event that urgent action pursuant to Standing Order 18.3 appears to be necessary, but the Chair cannot be contacted despite diligent efforts or is unable to act, the Chair's responsibilities under Standing Order 18.3 shall be discharged by the Deputy Chair. If both shall be unavailable or unable to act, the matter shall not be dealt with except by a properly constituted extraordinary meeting of the full Authority.
18.5 In the event that urgent action pursuant to Standing Order 18.3 appears to be necessary, but the Chief Executive is unavailable or unable to act, the Chief Executive's responsibilities under Standing Order 18.3 may be discharged by any Director of the Authority.
18.6 Any "urgent action" taken in accordance with Standing Order 18.3 shall be reported in writing to every Member of the Authority as soon as possible and in any event within 3 working days and shall also be reported to the next meeting of the Authority.
19. WHEN STANDING ORDERS MAY BE SUSPENDED, REVOKED OR ALTERED
Local Government Act 1972 ss16(1) 106 & Sch 12 para 43
19.1 These Standing Orders shall only be capable of variation, amendment, revocation, replacement or other alteration by the Authority at a meeting of the full Authority and upon notice of motion specifying the alteration proposed to be made.
19.2 Excepting always those matters specified in Standing Order 19.3 below, Standing Orders or any part of them may, upon motion and without notice, be suspended at any meeting of the Authority as regards any agenda item or items at such meeting specified in that motion, provided that at least one half of the Members of the Authority are present.
19.3 For the avoidance of doubt, it is hereby declared that the following Standing Orders are not capable of suspension and further that no motion to suspend Standing Orders shall be moved in relation to them or their provisions:
(a) Membership of the Authority (Standing Order 1)
(b) Quorum (Standing Order 4)
(c) Order of business (Standing Order 5)
d) Attendance at meeting (Standing Order 7)
e) Confidentiality (Standing Order 10)
f) Meetings to be open to public and press (Standing Order 11)
(g) Voting (Standing Order 15)
(h) Prevention of disorder (Standing Order 17)
(i) Urgent actions (Standing Order 18)
(j) Suspension & alteration of Standing Orders (Standing Order 19)
20.1 All reports made or minutes kept by the Authority shall be open for inspection by any Member at any reasonable time. Further, a Member may for the purposes of his/her duties as a Member, but not otherwise, inspect any document, report, file or background information which is in the possession of or under the control of the Authority (including documents and information held in electronic formats) that contains material relating to any business to be transacted at a meeting of the Authority or of any committee or sub-committee of the Authority, and shall be provided with a copy of such document, report or information on request.
20.2 PROVIDED ALWAYS that a Member shall not knowingly inspect and shall not call for a copy of any document relating to a matter in which he/she or a member of his/her family or close associate is professionally interested or in which he/she has directly or indirectly any personal or prejudicial interest within the meaning of Part 2 of the 2001 Order and that this Standing Order shall not require the Solicitor to the Authority to allow inspection of any document which is, or in the event of legal proceedings would be, protected by legal professional privilege.
20.3 A Member who wishes to inspect any other document or information, not falling within paragraph 20.1, should make a written request to the Chief Executive (National Park Officer) specifying the documents or information.
20.4 Unless the Chief Executive (National Park Officer), after consultation with the Chair, believes that the request to inspect the document or information is unreasonable or improper or that the Member appears to have a personal or prejudicial interest in respect of any matter contained or referred to in the document or information, the document and information requested shall be produced for the Member’s inspection.
20.5 If the Member’s request under paragraph 20.3 appears to raise any legal issues affecting the Authority, the Monitoring Officer and the Authority’s Solicitor shall be consulted before any decision is made.
20.6 If the matter is not resolved to the satisfaction of the Member making the request, it shall be referred to the next full meeting of the Authority.
21. AUTHORISATION AND AUTHENTICATION OF DOCUMENTS
21.1 Sealing of Documents
The Common Seal of the Authority shall not be affixed to any document unless the matter has been authorised by a resolution of the Authority, committee or sub-committee or by an Officer to whom the Authority have delegated their powers in this behalf.
21.2 Attestation of Sealing
The Seal shall be attested by the Chief Executive (National Park Officer) or in his/her absence by a Director of the Authority and an entry of every sealing of a document shall be made and consecutively numbered in a sealing register kept by the Solicitor to the Authority.
21.3 Authentication of Documents
Where any document will be a necessary step in legal proceedings or shall be a legal agreement, contract, notice, or order under hand on behalf of the Authority it shall (unless any other enactment requires or authorises or the necessary delegated authority shall have been given to some other person) be signed by the Chief Executive (National Park Officer) or in his/her absence by a Director of the Authority.
The Authority and its committees, sub-committees, working panels & other groups and every Member and Officer shall at all times act in accordance with and behave in conformity with all financial regulations as may be made by the Authority.
23.1 All monies in the hands of the Authority shall be aggregated for the purposes of Treasury Management and shall be under the control of the Section 151 Officer or the Authority’s appointed agent.
23.2 The Authority adopts the three key principles of CIPFA’s ‘Treasury Management in the Public Services: Code of Practice’ (the “Code”) as described in Section 4 of that Code. Accordingly the Authority will create and maintain, as the cornerstones for effective treasury management:
- a treasury management policy statement, stating the policies and objectives of its treasury management activities
- suitable treasury management practices (TMPs) setting out the manner in which the Authority will seek to achieve those policies and objectives and prescribing how it will manage and control those activities
23.3 The content of the policy statement and TMP’s will follow the recommendations contained in Sections 6 and 7 of the Code, subject only to amendment where necessary to reflect the particular circumstances of the Authority. Such amendments will not result in the Authority materially deviating from the Code’s key recommendations.
23.4 The Authority will receive reports on its treasury management policies, practices and activities, including, as a minimum, an annual strategy and plan in advance of the year, and an annual report after its close, in the form prescribed in the TMP’s.
23.5 The Authority delegates responsibility for the implementation and monitoring of its treasury management policies and practices to the [Authority’s Board] and for the execution and administration of treasury management decisions to the Section 151 Officer who will act in accordance with the Authority’s policy statement and TMP’s.
All loans and investments shall be made in the name of the Authority or the authority’s nominee
23.6 The Section 151 Officer shall maintain records of all borrowing and investment of money by the Authority.
24. APPOINTMENT OF CHIEF OFFICER
Environment Act 1995 Schedule 7 para 14; Local Authorities (Standing Orders) Regulations 1993 Schedule 1
24.1 Pursuant to Schedule 7 of the 1995 Act, the Authority shall ensure that there is at all times a person appointed as Chief Executive (National Park Officer) with responsibility for the execution, maintenance and co-ordination of the Authority’s duties, functions and responsibilities.
24.2 Appendix 6 to these Standing Orders shall govern the appointment of the Chief Executive (National Park Officer) and any matter concerning the investigation and/or discipline of the Chief Executive (National Park Officer).
© South Downs National Park Authority - Copyright 2011