Standing Orders

For the Regulation of Proceedings and Business of Orkney Islands Council.

IMAGE: The Orkney Islands Council coat of arms appears above the title “Standing Orders — For the Regulation of Proceedings and Business of Orkney Islands Council”.

Review/Updates to Standing Orders

Contents

1. Definitions
2. Interpretation
3. Commencement
4. Applicability of Standing Orders
5. Meetings of the Council
   • The Statutory General Meeting*
   • Ordinary Meetings
   • Special Meetings*
6. Notice of Meetings
   • Place of Meetings
   • Publication of Time and Place of Meeting
   • Method of Sending Agenda
   • Agenda to Specify Business to be Transacted
   • Withdrawal of Item of Business
7. Attendance by Public at Meetings
   • Admission of Public
   • Confidential Information
   • Exempt Information
   • Disorderly Conduct
8. Attendance by Councillors at Meetings
   • Attendance by Councillors
   • Invitation by Chief Executive to Attend Meeting
   • Exclusion of Members from Meetings
   • Meetings Conducted by Hearings
   • Planning Applications
   • Remote Attendance
   • Quorum
9. Chair
   • Chairing a Meeting
   • Powers and Duties of the Chair
10. Committees
    • Election of Vice Chair
11. Sub-Committees
    • Appointment of Chair and Vice Chair
    • Membership
12. Conduct at Meetings
13. Proceedings at Meetings
14. Agenda Management
15. Minutes
16. Motions and Amendments
17. Notice of Motion
18. Speeches
19. Points of Order, Information and Personal Explanations
20. Adjournment of Meetings
21. Voting
22. Appointments
23. Revoking Previous Resolutions
24. Suspension and Alteration of Standing Orders
25. Deputations
26. Petitions
27. Filming, Photography and Recording of Meetings
28. Phones and other Electronic Communications Devices
29. Monitoring Officer
30. Standing Orders to be Given to Members
31. Appendix 1 – Scheme of Appointment of Members to Committees
32. Appendix 2 – Definition of Confidential Information
33. Appendix 3 – Descriptions of Exempt Information
34. Appendix 4 – Protocol for Remote Attendance
35. Appendix 5 – Protocol for Appointment of Chief Officers
36. Appendix 6 – Protocol for Audio Casting Council and Other Meetings

1. Definitions

1.1

In these Standing Orders, the following words and expressions shall have the following meanings:

1.1.1

“1973 Act” means the Local Government (Scotland) Act 1973.

1.1.2

“1985 Act” means the Local Government (Access to Information) Act 1985.

1.1.3

“1994 Act” means the Local Government etc. (Scotland) Act 1994.

1.1.4

“2003 Act” means the Local Government in Scotland Act 2003.

1.1.5

“Agenda” means the summons calling Members to attend Meetings, together with a list of business to be considered at Meetings of the Council, and its Committees and Sub-committees.

1.1.6

“Chief Executive” means the Chief Executive of the Council, or any authorised official representing or acting for him/her.

1.1.7

“Clerk to the Council” means the Monitoring Officer, as defined in Standing Order 1.1.28 below.

1.1.8

“Clerk to the Meeting” means the official in attendance, authorised by the Chief Executive, with responsibility for the administration of the Council, and its Committees and Sub-committees.

1.1.9

“Clear Days” means week days, excluding weekends and public holidays, the date of publication of a notice of Meeting, and the date on which the Meeting, of which notice has been given, is held.

1.1.10

“Committee” means a Committee of the Council appointed in accordance with these Standing Orders, and the Council's Scheme of Administration.

1.1.11

“Confidential Information” means information as defined in Appendix 2 to these Standing Orders.

1.1.12

“Convener” means the Chair of the Council, elected by the Council in accordance with section 4 of the 1994 Act, and the Council’s civic head, as designated for the purposes of the Local Governance (Scotland) Act 2004 (Remuneration) Regulations 2007.

1.1.13

“Council” means Orkney Islands Council, constituted in terms of the 1973 and 1994 Acts, and having its principal offices at Council Offices, School Place, Kirkwall, Orkney, KW15 1NY.

1.1.14

“Councillor” means a Member of the Council duly elected at an election or by-election and who has made and delivered to the Proper Officer of the Council a Declaration of Acceptance of Office in accordance with section 33A of the 1973 Act.

1.1.15

“Depute Convener” means the Councillor appointed to deputise for the Convener and shall be the same person as the Depute Leader, unless they are unavailable, in which case the Convener shall nominate an alternative Councillor to deputise as Convener on an ad hoc basis.

1.1.16

“Depute Leader” means the Councillor appointed to deputise for the Leader and shall be the same person as the Depute Convener, unless they are unavailable, in which case the Convener shall nominate an alternative Councillor to deputise as Convener on an ad hoc basis.

1.1.17

“Director” means a Director of the Council, or any authorised official representing or acting for him/her.

1.1.18

“Exempt Information” means information as defined in Appendix 3 to these Standing Orders.

1.1.19

“Leader” means the Councillor elected and designated by the Council in accordance with section 5 of the 1994 Act as Leader for the purposes of the Local Governance (Scotland) Act 2004 (Remuneration) Regulations 2007.

1.1.20

“Meeting” means a Meeting of the Council, its Committees or Sub-committees, formally constituted in accordance with the 1973 Act.

1.1.20.1

For the purposes of Standing Order 12.10, “Meeting” means a Meeting of:

• The Council.
• Any Committee or Sub-committee of the Council.
• Any joint committee, joint board or other body that is discharging the functions of the Council.
• A meeting of any body of persons where the Member is attending as a representative of the Council.

1.1.21

“Member” means, in relation to the Council, a Councillor, and, in relation to any Committee or Sub-committee of the Council, any person validly appointed who is not a Councillor, whether or not entitled to vote.

1.1.22

“Minute” means the summary of the business transacted at Meetings of the Council and its Committees and Sub-committees. This will not be a verbatim record.

1.1.23

“Participate” means attendance, speaking and/or voting, whether in person or remotely, at a Meeting by a Member.

1.1.24

“Public” means a member of the general Public and/or representatives of the press or media industries.

1.1.25

“Scheme of Administration” means the scheme which sets out the powers and functions of the Council, its Committees and Sub-committees.

1.1.26

“Scheme of Delegation to Officers” means the scheme which sets out the powers delegated to Chief Officers.

1.1.27

“Service Committee” means the following:

• Policy and Resources Committee.
• Enterprise and Infrastructure Committee.
• Education, Communities and Housing Committee.

1.1.28

“Standing Committee” means the Service Committees listed at Standing Order 1.1.27 above, together with the following:

• Monitoring and Audit Committee.
• Planning Committee.
• Local Review Body.
• Licensing Committee.

1.1.29

“Statutory Officer” means the following officials:

• “Chief Financial Officer” as referred to in section 95 of the 1973 Act who has responsibility for the financial affairs of the Council.
• “Monitoring Officer” as referred to in section 5 of the Local Government and Housing Act 1989.
• “Chief Social Work Officer” as referred to in section 3 of the Social Work (Scotland) Act 1968.
• “Chief Education Officer” as referred to in section 25 of the Education (Scotland) Act 2016.
• “Chief Internal Auditor”, being the senior officer responsible for operating and managing the internal auditing service in accordance with recognised standards and practices.
• “Chief Planning Officer”, as referred to in section 1A of the Town and Country Planning (Scotland) Act 1997.

2. Interpretation

2.1

These Standing Orders are made under section 62 and paragraph 8 of Schedule 7 of the 1973 Act and, subject to the provisions of that Act, apply to meetings and proceedings of the Council and its Committees and Sub-committees.

2.2

The Interpretation Act 1978 will apply to interpretation of these Standing Orders, in that references to the male shall include the female and, unless the context otherwise requires, words importing the singular shall include the plural and vice versa.

3. Commencement

3.1

These Standing Orders will apply and have effect on and after 1 July 2026.

4. Applicability of Standing Orders

4.1

These Standing Orders shall apply to Committees and Sub-committees in the same way as they apply to the Council, with the substitution of references to Committee or Sub-committee as the case may be and to the Chair and Vice Chair of the Committee or Sub-committee, except for the following Standing Orders (marked with an asterisk) which will apply only at Meetings of the Council:

• Standing Orders 5.1 to 5.3 – Meetings of the Council – The Statutory General Meeting.
• Standing Orders 5.8 to 5.10 – Meetings of the Council – Special Meetings.
• Standing Orders 13.1.5 and 13.1.6 – Proceedings at Meetings – Order of Business.
• Standing Order 15.5 – Minutes – Accuracy of Minutes.
• Standing Orders 16.4 and 16.5 – Minutes – Amendments at General Meetings of the Council.
• Standing Orders 16.6 to 16.8 – Minutes – Consideration of Recommendations at General Meetings.

4.2

Standing Order 16.9 will not apply at Meetings of the Planning Committee, the Local Review Body and the Licensing Committee.

5. Meetings of the Council

The Statutory General Meeting*

5.1

The Council will hold its first General Meeting within 21 days of the date of a Local Government Election.

5.2

The Chief Executive will determine the date and time of the Meeting.

5.3

At the Meeting, the Council will:

5.3.1

Note the persons elected as Councillors for the wards within the Orkney local government area following the ordinary election of Councillors.

5.3.2

Elect the Convener, the Leader and the Depute Leader (who shall also be the Depute Convener).

5.3.2.1

The Convener, who shall hold office for two years and be eligible for re-election, shall be Chair of the Council, and shall, ex officio, be a Member of every Service Committee of the Council.

5.3.2.2

The Leader, who shall hold office until the next Local Government Election, shall ex officio be Chair of the Policy and Resources Committee, and shall, ex officio, be a Member of every Service Committee of the Council.

5.3.2.3

The Depute Leader, who shall hold office for two years and be eligible for re-election, shall ex officio be Vice Chair of the Policy and Resources Committee.

5.3.3

Elect the Chair of each Service Committee of the Council and such other Committees, Sub-committees, boards or other bodies as the Council may determine.

5.3.3.1

A Chair shall hold office for two years, and shall be eligible for re-election.

5.3.3.2

The order of election of Chairs shall be determined following the drawing of lots by the Chief Executive.

5.3.3.3

The results of Standing Order 5.3.3.2 will be given to Members with the Agenda for the Meeting.

5.3.4

Appoint Members to Committees and Sub-committees, in terms of the Scheme of Appointment of Members to Committees, which forms Appendix 1 to these Standing Orders.

5.3.4.1

Unless the Council shall otherwise resolve, all such appointments shall be for two years, with the exception of the Licensing Committee, which shall be until the next Local Government Election.

5.3.5

Appoint or nominate, as appropriate, members of joint committees, joint boards and community planning partnerships of which the Council is a member, members of the Licensing Board and all other bodies and representative organisations on which the Council is entitled, or is invited, to be represented.

5.3.5.1

All such appointments, or nominations, shall be for two years, unless otherwise provided by statute, or unless the Council shall otherwise resolve.

5.3.6

Deal with any urgent and competent business.

Ordinary Meetings

5.4

The Council shall hold such number of Meetings in each year for the transaction of business as it may determine.

5.5

The Chief Executive will determine the date and times of Meetings of the Council.

5.6

No meetings will be held on a Saturday or Sunday or on public holidays observed by the Council.

5.7

It will be within the discretion of the Chief Executive to cancel, advance or postpone a meeting to another date if, in his/her opinion, acting reasonably, there is good reason for so doing.

Special Meetings*

5.8

A special Meeting of the Council will be called by the Chief Executive at any time:

5.8.1

Upon receipt of a written request to do so from the Convener.

5.8.2

Upon receipt of a written request from at least one quarter of Members of the Council, rounded up to the nearest whole number.

5.9

The request, referred to at Standing Order 5.8 above, must specify the business which is proposed to be transacted at the Meeting.

5.10

The special Meeting will be held within 14 clear days of receipt of the written request, referred to at Standing Order 5.8 above.

6. Notice of Meetings

Place of Meetings

6.1

Meetings of the Council shall normally be held within Council Offices, Kirkwall, but may be held at such other places as the Chief Executive may decide.

Publication of Time and Place of Meeting

6.2

At least three Clear Days before a Meeting, and normally seven days before a Meeting, the Chief Executive must:

6.2.1

Publish, at the Council Offices, Kirkwall, the time and place of the Meeting.

6.2.2

Issue the Agenda to Members.

6.3

If the Meeting is held at short notice, the time and place of the Meeting will be published and the Agenda issued as soon as possible.

Method of Sending Agenda

6.4

The Agenda, signed by the Chief Executive, shall be sent to Members by one or more of the following methods:

6.4.1

By post to their normal place of residence or at such other address as a Member may specify.

6.4.2

By leaving at a designated post box within the Council Offices, Kirkwall for the Member to collect.

6.4.3

By e-mail to an address provided by Council.

6.5

Where a Meeting is called in terms of Standing Order 5.8 above, the Agenda will be signed by those Members who requested the Meeting.

6.6

The Agenda will be left at, or sent by post to, each Member’s normal place of residence unless a Member writes to the Chief Executive:

6.6.1

Indicating that the Agenda be sent to some other address.

6.6.2

Indicating that the Agenda be left at a designated post box within the Council Offices, Kirkwall, for the Member to collect.

6.6.3

Electing to receive the Agenda by e-mail.

6.7

If an Agenda is not received by any Member, the Meeting will still be valid.

Agenda to Specify Business to be Transacted

6.8

The Agenda shall specify the business to be transacted at the Meeting and the proposed order for dealing with business.

6.9

Reports relating to business to be transacted at the Meeting will normally be issued with the Agenda.

6.10

Reports relating to business to be transacted at the Meeting not issued with the Agenda can still be considered at the Meeting.

6.11

Business not specified on the Agenda will not be considered, unless:

6.11.1

It is brought to the Meeting, as a matter of urgency, in terms of Standing Order 13.3 below.

6.11.2

The business must be considered at the Meeting by law.

Withdrawal of Item of Business

6.12

The Chief Executive can withdraw any item of business from the Agenda, following consultation with the Chair.

7. Attendance by Public at Meetings

Admission of Public

7.1

Except where specified in Standing Orders 7.2 and 7.3 below, every Meeting of the Council will be open to the Public.

Confidential Information

7.2

The Public must be excluded from a Meeting when an item of business is being considered and it is likely that, if the Public were present, Confidential Information, as defined in Appendix 2 to these Standing Orders, would be disclosed to them in breach of an obligation of confidence.

Exempt Information

7.3

The Public may be excluded from a Meeting when an item of business is being considered, if it is likely that Exempt Information, as defined in Appendix 3 to these Standing Orders, would be disclosed.

Disorderly Conduct

7.4

A member of the Public may be excluded from a Meeting in order to prevent or stop disorderly conduct.

7.5

A member of the Public may be kept out of a Meeting or the Chair may require them to leave, if they are hindering or are likely to hinder the work of the Council.

7.6

If a member of the Public interrupts any Members, the Chair may warn that person.

7.6.1

If the member of the Public continues the interruption, the Chair may order the person to be removed from the room where the Meeting is being held.

7.7

If there is general disturbance in any part of the room that is open to the Public, the Chair may order that part to be cleared.

8. Attendance by Councillors at Meetings

Attendance by Councillors

8.1

Unless Standing Order 8.5 below applies, any Member of the Council may attend a Meeting of a Committee, or Sub-committee, of which s/he is not a Member.

8.1.1

Such a Member cannot take part in the deliberations of the Committee, or Sub-committee, nor may s/he vote.

8.2

Should the Member remain present during the discussion of items containing Confidential Information or Exempt Information, his/her presence will be recorded in the Minute.

Invitation by Chief Executive to Attend Meeting

8.3

If a Member has been invited by the Chief Executive to attend the Meeting and has been issued with the Agenda and relevant reports, it is competent for that Member to participate in the deliberations of the Committee, or Sub-committee, in respect of the items for which s/he has been invited.

8.4

The Member may not make, or second, a motion or an amendment, nor may s/he vote.

Exclusion of Members from Meetings

8.5

If a Member is not a Member of a Committee, or Sub-committee, s/he may not attend a Meeting where:

8.5.1

It is decided that Confidential Information or Exempt Information will be disclosed and the Public have been excluded from the Meeting.

8.5.2

A matter where the decision of the Committee, or Sub-committee, may affect the interests or rights of any person as an individual, or a commercial undertaking.

8.5.3

The decision is made after a hearing and the person has the right to be heard in person or through a representative.

Meetings Conducted by Hearings

8.6

If a Committee, Sub-committee or other panel has a hearing at, or subsequent to, which a decision of a quasi-judicial or regulatory nature is to be made, a Member of the Committee, Sub-committee or other panel, as the case may be, may only participate and/or vote on the matter if s/he has been present throughout consideration of the whole item of business.

8.7

Should a Member leave the Meeting during any part of the hearing, s/he shall not be permitted to re-enter the Meeting during the remaining part of the hearing and the subsequent decision making process.

Planning Applications

8.8

Elected Members shall take no part in the decision making process in respect of planning applications to be determined by officers in terms of delegated powers.

Remote Attendance

8.9

While in-person attendance at Meetings remains the default position, where the law allows and proper facilities are available, and subject always to Standing Orders 8.11 and 8.12, a Member may be regarded as being present at a Meeting if s/he is able to participate from a remote location by a video or other communication link.

8.9.1

The Protocol for Remote Attendance, attached as Appendix 4 to these Standing Orders, will apply to all Meetings where access to the Meeting is through the Microsoft Teams platform.

8.10

A Member participating in a Meeting from a remote location will be counted for the purposes of deciding if a quorum is present.

8.11

A Member will not, except with the prior express approval of the Chair, whom failing, the Vice Chair, be permitted to participate in an item at a Meeting from a remote location where, in respect of that item, a party has a right to be heard in person or through a representative and the decision to be made, in respect of that item, is as a result of a quasi-judicial or regulatory hearings process, such as a planning application or an appeal.

8.12

A Member participating in a Meeting from a remote location will not be entitled to participate when an item of business is being considered and it is likely that Confidential Information and/or Exempt Information will be disclosed, unless the Member declares that:

• S/he is in a room with no other persons present.
• No persons can overhear the discussions.
• S/he will not answer any other calls or attend to any other business whilst participating in the meeting.
• The camera will be kept on all times without exception.

Quorum

8.13

A quorum must be present to enable a Meeting to proceed and for the business set out in the Agenda to be dealt with.

8.14

Except in certain circumstances set out in law, the quorum of a Meeting of the Council will be one quarter of its Members, rounded up to the nearest whole number, and shall not be less than 3 Members.

8.15

If, at any time during a Meeting, a question arises on whether a quorum is present, the Chair will allow an interval of 5 minutes, after which a count shall be taken of Members present.

8.15.1

If a quorum is not present, the Meeting shall stand adjourned to such time as the Chair may determine.

9. Chair

Chairing a Meeting

9.1

The Convener will take the Chair at a Meeting of the Council.

9.2

If the Convener is not present, the Depute Convener will chair the Meeting.

9.3

If both the Convener and the Depute Convener are not present, the Council will appoint a Councillor to act as Chair until either the Convener or the Depute Convener is present.

9.4

The Chair will be physically present in the Council Chamber or other venue where the Meeting is being held.

9.4.1

If the Chair is unable to be present in person, he/she will, in advance of the meeting, nominate either the Vice Chair or an alternative Councillor to Chair the Meeting and intimate this to either the Chief Executive or the Head of Corporate Governance, but the nomination of anyone other than the Vice Chair still needs to be agreed by the Members who are physically in the room.

9.4.2

If no one has been nominated in advance to Chair the Meeting, the Committee, or the Sub-committee, shall elect a Chair from the Councillors who are physically present.

9.5

If the Councillor who would normally be Chair is not physically present in the Council Chamber or other venue where the Meeting is being held, they can still take part in the Meeting, subject to the restrictions in Standing Orders 8.11 and 8.12.

Powers and Duties of the Chair

9.6

Deference shall at all times be paid to the authority of the Chair.

9.7

It is the duty of the Chair to keep good order and to ensure that all Members obtain a fair hearing.

9.8

When the Chair wishes to speak, any Member who is addressing the Meeting must cease to do so.

9.9

The Chair shall decide all matters of order, competency and relevancy arising at a Meeting.

9.10

The Chair shall determine all questions of procedure for which no express provision is made in these Standing Orders.

9.10.1

His/her decision is final and not open to discussion.

9.11

The Chair will decide amongst Members who wish to speak, by calling the Member whom s/he has first observed as requesting to speak at the Meeting.

9.12

If there is disorder at any Meeting, the Chair may adjourn the Meeting to a later time.

9.12.1

His/her departure from the Chair will indicate that the Meeting is adjourned.

9.13

In the event that the Chair departs the Chair in other circumstances, the Chair shall then be taken in terms of Standing Orders 9.2 and 9.3 above.

10. Committees

Election of Vice Chair

10.1

Each Committee shall elect a Vice Chair from amongst its membership.

10.2

The Vice Chair shall continue in office until the Special General Meeting of the Council held in May every second year from the Statutory General Meeting and shall be eligible for re-election.

11. Sub-Committees

11.1

Committees of the Council may appoint, with the consent of the Council, Sub-committees.

Appointment of Chair and Vice Chair

11.2

The Sub-committee may appoint a Chair and Vice Chair, from amongst its membership, who shall continue in office until the Special General Meeting of the Council held in May every second year from the Statutory General Meeting and shall be eligible for re-election.

11.3

For the avoidance of doubt, the Chair and Vice Chair of a Sub-committee shall, unless otherwise agreed, be the Chair and Vice Chair of the parent Committee.

Membership

11.4

Sub-committees shall normally consist of Members of the parent Committee.

11.5

Where in law it is competent to appoint persons to the Sub-committee who are not Members of the Council, such persons shall not be appointed to membership of a Sub-committee except with the consent of the Council.

11.6

A person appointed to a Sub-committee who is not a Member of the Council will remain a member of the Sub-committee until the next ordinary election of Councillors, subject to their right to resign or their removal by the nominating body.

11.7

A Committee, when remitting or referring any matter to a Sub-committee, may add additional Members of the Council, who are not Members of the Committee, to the membership of a Sub-committee, with the consent of the Council.

12. Conduct at Meetings

Councillors’ Code of Conduct

12.1

All Members and co-opted Members of Committees, Sub-committees, panels and working groups must comply with the terms of the Councillors’ Code of Conduct made by Scottish Ministers in terms of the Ethical Standards in Public Life (Scotland) Act 2000.

Register of Interests

12.2

The Chief Executive shall keep a register of interests made by Members, including co-opted Members.

12.3

The register of interests shall be open to inspection by members of the Public.

Addressing Speakers

12.4

In addressing officers or Members at Meetings, no officer or Member shall use the first name or names alone of the officer or Member being addressed or referred to.

12.5

In referring to or addressing the Chair, the officer or Member shall address the Chair as “Chair”.

12.6

In the case of the General Meeting of the Council, addressing the Chair as “Convener” is also acceptable, where the Convener is in the Chair.

Obstructive or Offensive Conduct

12.7

If any Member at any Meeting disregards the authority of the Chair, or behaves obstructively or offensively, a motion may then be moved and seconded to suspend the Member for the remainder of the Meeting.

12.8

The motion shall be put to the Meeting without discussion and, if supported by a majority of those present and voting, shall be declared carried, whereupon the Member shall withdraw from the Meeting room.

12.9

Should the Member refuse to withdraw from the Meeting room, the Chief Executive will make arrangements to implement the decision of the Meeting.

Failing to Attend Meetings

12.10

If a Member does not attend any Meeting of the Council within a period of six consecutive months, the Chief Executive must report this to the Council, unless leave of absence has been granted to the Member.

12.11

If the Council is not satisfied as to the cause of the failure to attend, the Member will cease to be a Member of the Council.

12.12

The Member will not cease to be a Member of the Council if the absence is due to the Member having been suspended by the Standards Commission.

13. Proceedings at Meetings

Order of Business

13.1

The order of business at every General Meeting of the Council shall be as follows:

1. The names of the Members present at the Meeting shall be taken and apologies for absence given.
2. The Convener will advise of any item of business which has been withdrawn from the Agenda.
3. The Convener will advise of any requests that urgent business be considered, and shall advise of his/her decision as to whether and when, if relevant, the urgent business will be considered.
4. The Convener will ask Members whether they have an interest to declare in relation to any item on the Agenda.
   1. Any Member making a declaration of interest should indicate whether it is a financial or non-financial interest, include some information on the nature of the interest and confirm whether or not s/he intends to withdraw from the Meeting room.
   2. A Member must withdraw from the Meeting room, including the Public gallery, where s/he has declared an interest that prevents him/her from participating in the discussion of, and voting on, the item.
5. The Minute of the last Meeting of the Council shall be held as read and submitted for confirmation.
6. The Minutes of Meetings of Committees will be considered.
7. Any other business intimated on the Agenda to be considered.
8. Any business required by law to be considered.
9. Any Notices of Motion, in the order received by the Chief Executive.

Variation of Order of Business

13.2

The order of business at a Meeting shall be as specified on the Agenda, unless changed by the Chair in order to facilitate the conduct of the Meeting.

Urgent Business

13.3

Business which has not been specified on the Agenda may be considered provided that, in the opinion of the Chair, the business is relevant, competent and urgent.

13.4

A request for an urgent item to be considered must be submitted, in writing, to the Chair prior to commencement of the Meeting, together with a written explanation of the reason for urgent consideration, which will be recorded in the Minute.

14. Agenda Management

General Principles

14.1

In order to ensure that the Council receives appropriate and necessary advice before making decisions, Agendas shall consist of reports from the Chief Executive, Directors and Statutory Officers.

14.2

Reports will be prepared in accordance with the format for the preparation of Committee reports approved by the Chief Executive.

14.3

Reports must be lodged, in completed form, with the Chief Executive by the dates specified.

14.4

Should the Chief Executive not receive a completed report by the date specified, s/he will leave the item off the Agenda, unless, in the opinion of the Chief Executive, the report writer can show good cause as to why the report has not been completed and lodged by the date specified.

14.5

All business before the Council which is the subject of a written report will be introduced by the relevant officer in terms of Standing Order 14.1 above, or his/her representative.

14.5.1

Members will then have the opportunity to ask questions, seek clarification or request any further information on the content of the report and/or its recommendations.

14.5.2

It will not normally be permissible to move a motion or an amendment at this stage.

14.6

Once a report has been introduced and the Chair decides that all questions have been answered, and further information given, the Chair will inform the Meeting that the matter is open for debate.

14.7

A General Meeting of the Council shall only consider business remitted to a Committee and where that business has not been submitted to that Committee, in exceptional circumstances, as determined by the Chief Executive.

Member wishing to raise a matter

14.8

If a Member wishes to raise a matter, he should approach the relevant officer, referred to at Standing Order 14.1 above, at the earliest opportunity to establish whether the matter is to be raised in the normal course of events or whether the officer is prepared to submit a report to Committee.

14.8.1

Should a report be submitted, the Member shall normally have the opportunity to speak on the report at Committee.

14.8.2

If the Member is not a Member of the Committee, Standing Order 8.3 will apply.

14.9

If it is the judgement of the officer approached in Standing Order 14.8 above that it would not be appropriate to submit a report and the Member still wishes to pursue the matter, the Member shall have the right to submit a Notice of Motion, in terms of Standing Order 17 below, together with any relevant background information for consideration by the appropriate Committee.

14.9.1

The Notice of Motion shall be accompanied by a report from the Chief Executive or the relevant Director on the implications of any suggested course of action.

14.9.2

A Notice of Motion which suggests a course of action contradictory of a resolution made by the Council within the preceding 12 months shall conform with Standing Order 17.6 below.

14.10

The final decision on the submission of any item to Council shall rest with the Chief Executive, other than in cases where the Council has instructed, formally, that a report should be submitted.

15. Minutes

Preparation of Minutes

15.1

The Chief Executive shall prepare the Minutes of Meetings of the Council, its Committees and Sub-committees and any other Meetings at which Members are represented, as may be determined by the Chief Executive.

15.2

The Minutes shall record the names of the Members who attended the Meeting and will contain a summary of the business of the Meeting, as may be determined by the Chief Executive.

Accuracy of Minutes

15.3

The Chair and Vice Chair will normally propose and second the Minute as a true record, unless either were not present, in which case any Member present at the Meeting can either propose or second the Minute as a true record.

15.4

If a question arises at a Meeting as to the accuracy of a Minute, the question shall be determined by the Members who were present at the Meeting to which the Minute relates and are present at the Meeting at which the matter is raised.

15.5

In the event that a correction to the Minute would result in the substantial alteration of a recommendation, Standing Order 16.4 will apply.

Dissent

15.6

A Member who wishes his/her dissent from a decision of the Council to be minuted must request that his/her dissent be recorded immediately following the decision.

16. Motions and Amendments

16.1

A motion and an amendment must be proposed by a Member, and seconded by another Member.

16.2

If requested by the Chair and prior to any vote being taken, a motion or amendment shall be put in writing and handed to the Clerk to the Meeting who shall, if requested by the Chair, read the motion or amendment to the Meeting.

16.3

Every amendment must be relevant to the motion on which it is moved; its relevancy shall be decided by the Chair.

Amendments at General Meetings of the Council*

16.4

A Member who wishes to propose an amendment to the recommendations of a Committee, whose Minutes will be considered at a General Meeting of the Council, shall submit such amendment, in writing, to the Chief Executive, no later than 12:00 on the last working day before the General Meeting.

16.5

The Convener may accept further amendments at the General Meeting of the Council, but only if the further amendment is relevant to the item for which an amendment was pre-notified in terms of Standing Order 16.4 above.

Consideration of Recommendations at General Meetings*

16.6

Recommendations contained within the Minute of a Committee shall be deemed to be approved in the absence of any amendment being formally moved to the contrary.

16.7

A recommendation contained within the Minute of a Committee should not normally be overturned on the first occasion at which it is submitted to a General Meeting of the Council.

16.8

Once an amendment, submitted in terms of Standing Order 16.4 above, has been moved and seconded, the Convener shall ask the Chair of the relevant Committee (or, in the Chair’s absence, the Vice Chair) whether they are willing to refer the matter back to the Committee for further consideration.

16.8.1

If the Chair (or, in the Chair’s absence, the Vice Chair) determines that the matter should be referred back, the Convener will seek the agreement of the Chamber and, if a majority agree, the matter will be referred back to the Committee for further consideration.

16.8.2

If the Chair (or, in the Chair’s absence, the Vice Chair), determines that the matter should not be referred back to the Committee for further consideration, the amendment shall be determined at the Meeting. The motion will be the recommendation as contained in the Minute.

Recommendation to be taken as the Motion

16.9

The recommendations contained in a report shall normally be taken as the motion, provided that these recommendations are moved and seconded.

Motions and Amendments with Financial Consequences

16.10

A motion or amendment which proposes either expenditure by the Council, or a reduction in its income, shall not be competent unless the motion or amendment:

16.10.1

Identifies the source of funding to meet the additional expenditure or to compensate for the income lost.

16.10.2

Seeks referral of the identification of funding to the next Meeting, or to the Policy and Resources Committee.

16.11

A motion or amendment which identifies the source of funding as the Council's reserves shall not be competent without advice being provided to the Meeting by the Chief Financial Officer or his/her representative.

Moving and Seconding

16.12

A Member shall not move or second more than one motion or amendment on a single issue.

16.13

It is competent for a Member:

16.13.1

Who has moved or seconded a motion to approve and adopt the Minute of any Meeting to thereafter move or second an amendment to any of the recommendations in the Minute.

16.13.2

If a motion or amendment has subsequently been withdrawn, to move or second another motion or amendment on the same issue.

16.13.3

If a motion or amendment subsequently falls due to a lack of a seconder, to second another motion or amendment on the same issue.

Withdrawal of Motions or Amendments

16.14

A motion or amendment once proposed shall not be altered or withdrawn without the consent of the mover and seconder.

Motions or Amendments subsequently withdrawn

16.15

A motion or amendment withdrawn after being seconded shall not be recorded in the Minute.

Consideration of One Amendment only

16.16

Only one amendment can be moved and seconded at one time.

16.17

No further amendment will be moved until the Council has dealt with the amendment under discussion.

16.18

Notice of any further amendments must be given before the vote is taken on the first amendment, and the Chair shall give an opportunity for such notice to be given.

Further Amendments

16.19

If an amendment is defeated, other amendments, for which notice has been given under Standing Order 16.18 above, can be moved on the original motion.

16.20

If an amendment is carried, the amendment will replace the original motion.

16.21

Any further amendment can then be moved on the new motion.

16.22

Any further amendment must be relevant to the motion on which it is moved and be substantially different to the original motion or the new motion.

16.23

The Chair shall have exclusive discretion to determine whether an amendment is relevant to the motion on which it is moved or is substantially different to the original motion or the new motion.

Speaking to Motions or Amendments

16.24

A Member shall not address the Council more than once on any issue under discussion, with the exception of a point of order or, with the consent of the Chair, to make an explanation or correction as to points of factual inaccuracy.

16.25

The movers of any motion and amendment shall have a right of reply, prior to the vote being taken.

16.25.1

In exercising his/her right of reply, a Member will confine himself/herself to answering points made by previous speakers, and shall not introduce any new matter.

Closure of Discussion

16.26

After the reply by the mover of a motion is concluded, the discussion shall be closed, and no further points may be made, with the exception of points of order, or a question regarding the manner of taking the vote.

16.27

The matter shall then be put to the Meeting by the Chair.

Motion that the “Question Be Now Put”

16.28

A Member who has not spoken on an item may propose “that the question be now put”.

16.29

If this motion is seconded, and the Chair considers that the matter has been discussed sufficiently, s/he will order a vote, by a show of hands, to be taken on the motion.

16.29.1

No amendment or discussion will be competent at this stage.

16.30

If the motion is carried, the movers of any motion and amendment will have a right of reply, and the question itself will then be put to the Meeting.

16.31

If the Chair is of the view that the matter has not been discussed sufficiently, s/he may refuse to accept the motion “that the question be now put”.

17. Notice of Motion

Form of Notice of Motion

17.1

A Notice of Motion must be in writing, signed by a Member of the Council and, subject to Standing Order 17.6 below, countersigned by one other Member.

17.2

A Notice of Motion must be received by the Chief Executive at least 14 Clear Days prior to the date of any Meeting of the Council, in order for the Notice of Motion to be included within the business of that Meeting.

17.3

In accordance with Standing Order 14.9.1 above, the Notice of Motion shall be accompanied by a report from the Chief Executive or the relevant Director on the implications of any suggested course of action.

Failure to move Motion of which Notice has been given

17.4

If a Motion which is specified in the Agenda is not moved by the Member who has given notice, or by another Member on his/her behalf, and seconded by another Member, that Notice of Motion shall, unless deferred by the Council, be considered as withdrawn.

Motion Contradictory of Previous Decision

17.5

The Chief Executive will not accept a Notice of Motion which is contradictory of a previous decision or resolution of the Council, within 12 months from the date of adoption of that resolution.

17.6

The Chief Executive may, however, accept a Notice of Motion, in terms of Standing Order 17.5 above, if the Notice of Motion:

17.6.1

Is in writing.

17.6.2

Is signed by the Member of the Council giving notice.

17.6.3

Is countersigned by at least six other Members.

18. Speeches

18.1

A speech by the mover of a motion or an amendment will not be longer than 5 minutes.

18.2

During debate, a Member must direct his/her speech to the matter under discussion and shall speak for no more than 5 minutes.

18.3

The mover of the original motion, together with the mover of any amendment, shall have the right to speak for 5 minutes in reply.

18.4

The time limits referred to in Standing Orders 18.1 to 18.3 above may be exceeded with the consent of the Chair.

19. Points of Order, Information and Personal Explanations

19.1

If a Member wishes to make a point of order or give a point of information or a personal explanation s/he will be entitled to be heard immediately.

19.2

A point of order must only relate to a Standing Order or legal provision that the Member thinks has been broken. The Chair will ask the Member to specify the Standing Order or legal provision and say how s/he thinks it has been broken.

19.3

When giving a point of information, a Member must briefly give information to correct an alleged inaccuracy in a speech about the matter.

19.4

When giving a personal explanation, a Member will only explain the part of his/her former speech, which seems to have been misunderstood in the present debate.

19.5

The Chair’s ruling on a point of order, point of information or personal explanation will not be open to discussion.

20. Adjournment of Meetings

20.1

A motion to adjourn a Meeting may be made at the conclusion of any speech and shall have precedence over all other motions.

20.2

The motion to adjourn must be moved and seconded and shall at once be put by the Chair to the Meeting in the form of “adjourn” or “not adjourn”.

20.3

There will be no amendment to, or discussion of, the motion to adjourn, and it must be agreed by a majority of the Members present and voting.

20.4

All Meetings will adjourn at or before 17:00.

21. Voting

21.1

Unless the law or these Standing Orders say otherwise, all matters before the Council will be decided by a majority of the Members voting.

Form of Voting

21.2

A vote may be taken by the following methods:

• By a show of hands.
• By calling the roll.
• By secret ballot.
• By electronic voting (where available and in operation).

21.3

Subject to Standing Order 22.7 below and notwithstanding Standing Order 4 above, the usual method of voting at meetings of the Council, and its Committees and Sub-committees, will be by calling the roll.

21.4

Notwithstanding Standing Order 21.3 above, all voting on procedural matters will be by a show of hands.

21.4.1

A procedural matter includes, but is not restricted to:

• Proposing that the Public be excluded for the consideration of exempt business.
• Proposing “that the question be now put”, as detailed in Standing Order 16.28 above.
• Proposing the suspension of a Standing Order.
• Proposing an alternative method of voting.

21.5

A Member may request that the vote be taken other than by the usual method and, if a majority of Members present vote in favour, the vote shall be taken by one of the alternative methods at Standing Order 21.2 above, whichever is requested by the Member.

21.6

All votes on the method of voting shall be taken by a show of hands.

21.7

Should a vote be taken by a show of hands, the Convener will ask those voting in favour of amendment to raise their hands, following which the Clerk to the Meeting will announce the number of votes cast. The Convener will then ask those voting in favour of the motion to raise their hands, following which the Clerk to the Meeting will announce the number of votes cast and thereafter confirm whether the amendment or the motion has been carried.

Calling the Roll

21.8

Calling the roll will be undertaken by the Clerk to the Meeting by calling the names of those Members present and entitled to vote, in a random order, with the Member responding “motion”, “amendment” or “abstain”.

21.9

The name of each Member voting and the manner in which they voted will be recorded in the Minute.

Electronic Voting

21.10

Where an electronic voting system, approved by the Council, is available and in operation, Standing Orders 21.12 to 21.14 will apply with regard to the method of voting.

21.11

Standing Orders 21.1 to 21.7 will apply where no electronic voting system is available and in operation.

21.12

Subject to Standing Order 22.7 below, the usual method of voting will be by electronic voting.

21.13

A Member may request that the vote be taken other than by use of the electronic voting system and, if a majority of Members present vote in favour of taking a vote other than by use of the electronic voting system, the vote shall be taken by one of the alternative methods at Standing Order 21.2 above, whichever is requested by the Member.

21.14

All votes on the method of voting shall be taken by use of the electronic voting system.

Casting Vote of Chair

21.15

If there is an equal number of votes, the Chair will have, in addition to his/her deliberative vote, a casting vote except:

21.15.1

Where the vote relates to the appointment of a Member to an office, in which case the matter will be determined by lot.

21.15.2

Where the matter relates to the removal from office of the Convener, Leader, Depute Leader, Chair or Vice Chair, which, subject to Standing Orders 22.15 and 22.16, requires a simple majority notwithstanding Standing Order 5.

22. Appointments

Nomination for Election of Office Bearer

22.1

Candidates duly nominated for election to the offices of Convener, Leader, Depute Leader and Chair of Committees shall, if they so choose, be permitted to speak once in support of their nomination to office.

22.2

Candidates exercising their right to speak shall have the opportunity to do so in the order in which their names have been duly nominated.

22.3

Any such speech shall be made immediately following any speeches by all of the movers and seconders of all of the candidates and prior to other Members who have not already spoken.

22.4

A candidate’s speech shall be limited to 5 minutes.

22.5

Candidates who choose not to speak shall remain eligible for election to the office for which they have been duly nominated.

22.6

A candidate who has been nominated for office but is absent from the Meeting shall remain eligible for election.

Process for Making Appointments or Nominations

22.7

In the making of appointments or nominations by the Council, where the number of candidates is greater than the number of vacancies, a vote shall be taken by secret ballot.

22.8

A Member will be entitled to vote for as many candidates as there are vacancies.

22.9

A Member must not vote more than once for any one candidate in any ballot.

Where One Vacancy Exists

22.10

Where only one vacancy requires to be filled and one candidate has an absolute majority of the votes cast, that candidate will be declared elected, nominated or appointed, as the case may be.

22.11

Where there are more than two candidates and the first vote does not produce an absolute majority in favour of any candidate, the name of the candidate having least votes will be removed from the list of candidates, and a fresh vote will take place.

22.11.1

This process will continue until one candidate has a majority of the votes cast.

22.12

Where there is an equal number of votes for the candidates having least votes, an extra vote will be taken between those candidates.

22.12.1

The name of the candidate receiving fewest votes will be removed from the list of candidates.

22.12.2

If an equal number of votes remains, the candidate to be removed from the list of candidates will be determined by lot.

Where Two or More Vacancies Exist

22.13

Where the number of vacancies exceeds one and where the number of candidates exceeds the number of vacancies, then the “first past the post” method of voting shall apply, subject to the following provisions:

22.13.1

The number of candidates amounting to the same number as there are vacancies and receiving the highest number of votes cast shall be held to be duly elected, nominated or appointed, as the case may be.

22.13.2

Where there is an equal number of votes between two or more candidates which affect such election, an extra vote will be taken between those candidates, whereby the candidate receiving the highest number of votes cast shall be held to be duly elected, nominated or appointed, as the case may be.

22.13.3

In the event that Standing Order 22.13.2 still produces an equality of votes, the decision will be by lot, whereby the first named candidate drawn shall be held to be duly elected, nominated or appointed, as the case may be, followed by the second named candidate, should there be more than two candidates with an equality of votes, until the number of candidates amounts to the same number as there are vacancies.

Limitation on Appointments

22.14

A Member shall be entitled to hold only one office of Chair of a Standing Committee and be entitled to receive only one special payment for being a chairperson.

Removal from Office of Convener, Leader, Depute Leader or Chair

22.15

Any motion to remove from office the Convener, Leader, Depute Leader or Chair of a Standing Committee of the Council shall, if proposed and seconded, stand adjourned without discussion to the next General Meeting of the Council.

Removal from Office of Vice Chair

22.16

Any motion to remove from office the Vice Chair of a Standing Committee shall, if proposed and seconded, stand adjourned without discussion to the next ordinary Meeting of that Committee.

Procedure at Meeting to Remove from Office

22.17

Any motion in terms of Standing Orders 22.15 and 22.16 above will form the first item of business at the next applicable Meeting.

22.18

Following debate, a decision as to whether an office bearer should be removed from office shall be decided by simple majority, following a secret ballot.

Ending Office

22.19

Anyone who ceases to be a Member of the Council will also cease to be a Member of all Committees, Sub-committees, panels and working groups to which s/he has been appointed by the Council.

Appointment of Chief Officers

22.20

The processes which apply to the appointment of Chief Officers are set out in the Protocol which forms Appendix 5 to these Standing Orders.

23. Revoking Previous Resolutions

23.1

A motion or amendment shall not be competent if it is contradictory of a previous decision or resolution of the Council made within 12 months of the date of adoption of that resolution or decision.

Reviewing Decision within 12 Months

23.2

Notwithstanding Standing Order 23.1 above, it will be competent for the Council to review a decision before the end of the 12 month period provided that the Chief Executive is satisfied that a material change of circumstances has occurred.

Material Change of Circumstances

23.3

A material change of circumstances may include the following:

23.3.1

Where there has been a new development which has a bearing on the original decision or that an important piece of information has become available since the original decision was made.

23.3.2

If the change had taken place before the Council took its decision or, had the Council known all the facts relevant to the decision, the change of circumstances would have influenced its judgement and the Council might reasonably have taken a different decision.

23.4

The material change of circumstances will be recorded in the Minute.

24. Suspension and Alteration of Standing Orders

24.1

A Standing Order may only be suspended, in relation to a specific item of business, if two-thirds of the Members present, rounded up to the nearest whole number, so agree.

24.2

No amendment will be taken against a motion to suspend Standing Orders, and the vote, by a show of hands, will be taken immediately.

24.3

None of these Standing Orders can be rescinded or altered, nor additional Standing Orders created, unless a resolution to do so is passed:

24.3.1

After notice has been given at a previous General Meeting of the Council by the Chief Executive.

24.3.2

After consideration of a report to the Council by the Chief Executive.

24.4

Standing Orders 24.1 and 24.3 cannot be suspended.

25. Deputations

25.1

A deputation allows members of the Public to raise issues of concern with the Council either on an individual basis or on behalf of a third party.

25.1.1

A deputation is not available to Members, as the procedures at Standing Orders 5.8, 14.8 and 17.1 above apply.

25.2

A deputation may apply to the Chief Executive to make submissions to the Council.

25.2.1

The deputation must be in writing, duly signed, and provide sufficient detail of the matters on which it wishes to be heard.

25.2.2

The deputation shall not exceed 3 persons.

25.3

On receipt of a request for a deputation, the Chief Executive shall liaise with the Convener, together with the Chair and the Vice Chair of the Service Committee and/or ward Members, as appropriate.

25.3.1

The Chief Executive shall determine whether or not the request for a deputation shall be granted.

25.4

If the request is granted, the Chief Executive will determine the date and time for the deputation to be heard by the Council.

25.5

A maximum period of 10 minutes shall be allowed for the deputation to present its case.

25.6

It is competent for Members to put questions to the deputation which relate to the subject on which the deputation has been heard.

25.6.1

The time available for such questions shall not exceed 10 minutes (over and above the maximum period of 10 minutes allowed to receive the deputation at Standing Order 25.5 above).

25.6.2

A Member shall not, however, express an opinion, or discuss the subject, until the deputation has completed its submission.

26. Petitions

Definition of Petition

26.1

A petition allows members of the Public to raise issues of concern with the Council either on an individual basis or on behalf of a third party.

26.2

A petition is not available to Members, as the procedures at Standing Orders 5.8, 14.8 and 17.1 above apply.

26.3

A valid petition should:

26.3.1

Be concerned with the functions of the Council and issues of concern with some or all of the residents of Orkney.

26.3.2

Bear the signatures of not fewer than 20 members of the Public who are ordinarily resident in Orkney.

26.3.3

Contain the names and addresses of those members of the Public who wish to sign it.

26.4

A petition will not be considered valid if:

26.4.1

It relates to complaints and grievances, in which case the complaints procedure shall be used.

26.4.2

It relates to personal matters, commercial matters, complaints regarding individual officers or employees’ terms and conditions.

26.4.3

It is vexatious, frivolous, defamatory, discriminatory or contains offensive or inappropriate language.

26.5

Petitions concerning statutory regulatory functions, such as licensing, planning, trading standards and environmental health, including where decisions have been made, require to comply with the legislative provisions and processes that are available in terms of those regulatory regimes.

Process following receipt of Petition

26.6

On receipt of a petition, the officer and/or the Member should pass the petition to the Chief Executive, who shall thereafter liaise with the Convener, together with the Chair and the Vice Chair of the Service Committee and/or ward Members, as appropriate.

26.7

The Chief Executive shall determine whether a report is required in order to address the terms of the petition and, if necessary, the Chief Executive will instruct the submission of that report, which will normally be heard in public.

27. Filming, Photography and Recording of Meetings

27.1

Other than live audio casting and recording of Meetings by the Council, any video or sound recordings or filming or broadcasting of Meetings, or the taking of any photographs, will be subject to the express prior approval of the Chair in accordance with the Protocol which forms Appendix 6 to these Standing Orders.

28. Phones and other Electronic Communications Devices

28.1

All Members shall ensure that phones and other electronic communications devices are switched off, on silent or on vibrate during Meetings (except when being used for the purpose of enabling remote attendance). Members shall not correspond, whether by email, text, social media or any other electronic means with any other Member or other person during a Meeting, except where this is incidental to remote attendance or in connection with an emergency. Research through the internet is permitted providing this is done in a manner which respects the authority of the Chair and does not interfere with the business of the Meeting.

29. Monitoring Officer

29.1

Any Member or officer will immediately inform the Monitoring Officer, if and when he/she becomes aware, of any proposal, decision or omission which may lead to a report in terms of the Local Government and Housing Act 1989.

29.2

A Monitoring Officer’s report may be required where any proposal, decision or omission by the Council may breach or has breached the law or any statutory code of practice.

30. Standing Orders to be Given to Members

30.1

The Chief Executive will give each Member a printed copy of these Standing Orders when s/he declares that s/he accepts office and on each occasion when the Standing Orders are amended.

30.2

Each Member will sign a statement to acknowledge that s/he has received the Standing Orders and agrees to comply with the provisions contained therein.

Appendix 1

Scheme of Appointment of Members to Committees

1. Committee Composition

There are 3 Committees, each comprising 12 members, as follows:

• Enterprise and Infrastructure Committee.
• Education, Communities and Housing Committee.
• Planning Committee.

In addition to the above:

• All members will be allocated places on the Policy and Resources Committee.
• 3 members will be allocated places on the Integration Joint Board.
• 7 members will be allocated places on the Monitoring and Audit Committee.
• 8 members will be allocated places on the Licensing Committee.

In total, all members, with the exception of the Convener and the Leader, will serve on the following:

• Either Enterprise and Infrastructure Committee or Education, Communities and Housing Committee.
• Not more than two from the following:
  • Planning Committee.
  • Monitoring and Audit Committee.
  • Licensing Committee.

2. Allocation Procedure

At the Statutory General Meeting of the Council, the Convener, the Leader and the Depute Leader will be appointed followed by the Chairs of all Standing Committees. The order of appointment of Chairs to the Standing Committees will be drawn by lot and circulated to all members along with the notice of the meeting.

Following the appointment of Chairs, the remaining 11 members of the Planning Committee will be appointed, to ensure representation from each electoral ward.

Thereafter 3 members will be appointed to the Integration Joint Board, together with the 3 proxy members of the Integration Joint Board. All other appointments are made through the allocation procedure.

Members’ preferences will be adjusted, if necessary, following the appointment of chairs, in order that the committee to which they have been appointed as chair is their first choice.

The system allocates all members’ first preferences, unless there are more first preferences than places on any committee, in which case members will be allocated places in an order of priority generated randomly.

The process is then repeated in respect of second choices, and so on, until all allocated spaces are filled.

Notes

Preferences in respect of any vacancy will be drawn by lot.

In the event of any anomalies in committee composition arising as a result of the Scheme, powers are delegated to the Chief Executive, in consultation with the Convener, to revise the composition in line with the general principles of the Scheme.

Appendix 2

Definition of Confidential Information

In accordance with section 50(A)(3) of the Local Government (Scotland) Act 1973, Confidential Information means:

• Information furnished to the authority by a Government department upon terms (however expressed) which forbid the disclosure of the information to the public.
• Information the disclosure of which to the public is prohibited by or under any enactment or by the order of a court.

In either case the reference to the obligation of confidence is to be construed accordingly.

Appendix 3

Descriptions of Exempt Information

In accordance with Schedule 7A of the Local Government (Scotland) Act 1973, Exempt Information means information which falls within the definition of the following 15 categories:

Paragraph 1. Information relating to a particular employee, former employee or applicant to become an employee of, or a particular office holder, former office-holder or applicant to become an office-holder under, the authority.

Paragraph 2. Information relating to any particular occupier or former occupier of, or applicant for, accommodation provided by or at the expense of the authority.

Paragraph 3. Information relating to any particular applicant for, or recipient or former recipient of, any service provided by the authority.

Paragraph 4. Information relating to any particular applicant for, or recipient or former recipient of, any financial assistance provided by the authority.

Paragraph 5. Information relating to the adoption, care, fostering or education of any particular child or where any particular child is subject to a compulsory supervision order or interim compulsory supervision order (as defined respectively in sections 83 and 86 of the Children's Hearings (Scotland) Act 2011).

Paragraph 6. Information relating to the financial or business affairs of any particular person (other than the authority).

Paragraph 7. Information relating to anything done or to be done in respect of any particular person for the purposes of any of the matters referred to in section 27(1) of the Social Work (Scotland) Act 1968 (providing reports on and supervision of certain persons).

Paragraph 8. The amount of any expenditure proposed to be incurred by the authority under any particular contract for the acquisition of property or the supply of goods or services.

Paragraph 9. Any terms proposed or to be proposed by or to the authority in the course of negotiations for a contract for the acquisition or disposal of property or the supply of goods or services.

Paragraph 10. The identity of the authority (as well as of any other person, by virtue of paragraph 6 above) as the person offering any particular tender for a contract for the supply of goods or services.

Paragraph 11. Information relating to any consultations or negotiations, or contemplated consultations or negotiations, in connection with any labour relations matter arising between the authority or a Minister of the Crown and employees of, or office-holders under, the authority.

Paragraph 12. Any instructions to counsel and any opinion of counsel (whether or not in connection with any proceedings) and any advice received, information obtained or action to be taken in connection with:

(a) any legal proceedings by or against the authority, or

(b) the determination of any matter affecting the authority, (whether in either case, proceedings have been commenced or are in contemplation).

Paragraph 13. Information which, if disclosed to the public, would reveal that the authority proposes:

(a) to give under any enactment a notice under or by virtue of which requirements are imposed on a person; or

(b) to make an order or direction under any enactment.

Paragraph 14. Any action taken or to be taken in connection with the prevention, investigation or prosecution of a crime.

Paragraph 15. The identity of a protected informant.

Appendix 4

Protocol for Remote Attendance

The following procedures/protocols apply to all Council meetings where access to the meeting is through the Microsoft Teams platform, either in full or a blended approach. These procedures should be read alongside the Council’s Standing Orders.

This protocol and the procedures outlined therein also apply to Council officers and external parties attending Council meetings remotely.

1. Prior to the Meeting

As the default position remains in-person attendance at all Council meetings, the agenda and reports will be published electronically in the normal way.

All relevant members will be issued with an invitation to the meeting which, by default, will include a Teams link.

Should a member wish to attend an in-person meeting remotely, he/she should advise Committee Services (committees@orkney.gov.uk) as soon as practicable. Instances where remote attendance may be required include:

• Weather or travel disruption within Orkney (actual or forecast).
• Carer responsibilities.
• Health issues which prevent travel (not participation).
• Travel outwith Orkney.

The above list is not exhaustive, and remote attendance will not normally be denied, unless the person requesting to join remotely cannot guarantee that:

• They are in a room with no other persons present.
• No persons can overhear the discussions.
• They will not answer any other calls or attend to any other business whilst participating in the meeting.
• The camera will be kept on at all times without exception.

Prior to joining the meeting members should check that their device is fully charged or is connected to a supply of electricity.

Members should log onto the Teams platform in good time prior to the start of the meeting to ensure there are no issues. You join the meeting by opening the meeting invite on your calendar and clicking on the link at “Join”.

If members are not able to access the Teams meeting by the start time of the meeting, and/or there is an issue with the video connection, they will be given the option to participate by telephone. The audio-conferencing details are included in the meeting invite.

Please ensure that mobile phones, and any nearby landline phones, are switched off or on silent mode to avoid unnecessary interruptions.

Find a suitable location for the meeting, where you will be comfortable and will not be disturbed. Smart speakers, such as Amazon Echo (Alexa), Google Home or smart music devices, may be recording phone/video conversations and this could be an inadvertent breach of GDPR. It is strongly advised that any such device that connects to the Internet should be turned off or moved out of the room in which you are working. This is particularly important for meetings that include exempt or confidential items.

Please consider your location and what is visible in the background. A plain wall can create a good background and you should remove anything that you may not wish to be on view such as family photos or recognisable products/brands. Please also check any glass or mug used for drinking is neutral, with no particular branding, slogans or images which could be viewed as offensive. A corporate background image can be provided if requested.

2. Microsoft Teams Functions

2.1. Options Bar

If you have joined the meeting via Teams, you will see an Options Bar – where this bar appears on your screen and the order of the icons will depend on the version of Teams you have installed:

• A toolbar will appear if you hover your mouse over the screen.
• The Options bar will appear across the top of your screen.

The Options Bar has various functions (which are subject to change following upgrades to Microsoft Teams). The most commonly used functions are as follows:

• Chat – this allows you to “chat” with all other participants in the meeting. This is not a private chat, but a meeting chat, and can be seen by all participants who have been invited to the meeting – regardless of whether they are present at the meeting or not.
• People – shows all participants in the meeting (in alphabetical order by first name).
• Raise – selecting this will raise your hand against your video and the participant list.
  • The order of raised hands is also shown in the participant list, with the first person moving to the top, immediately below the organiser of the meeting.
  • If the meeting is held entirely on Teams or is blended, use this function to alert the Chair that you wish to speak.
• React – can be used to send a reaction on screen, such as “like” or “applause”.
• View – changes the layout of the speakers on screen. The default option is “gallery”.
• More – provides various other actions and options, including recording the meeting and video effects and settings.
• Camera – used to switch your camera off and on.
• Mic – used to mute/unmute your audio.
• Share – provides sharing screen options which will only be utilised by officers providing presentations.
• Leave – participants can terminate the call via the red handset which allows them to leave the meeting and re-join if they select the “join” button from the invite.

2.2. Camera

Members attending remotely should have their camera on at all times. They may only switch this off, if it is having a detrimental impact on their internet connection.

Depending on the latest update from Microsoft, the number of participants remaining on your screen at any one time varies, with your image in a small box in the corner. When you have finished speaking, please remember that you will remain on screen until a number of other people have spoken. Please therefore assume at all times that what you are saying and/or doing is visible in the same way as it would in the Council Chamber, even if you cannot see and hear other participants. This is particularly relevant in the following circumstances:

• If you choose to get up and leave – other participants will see an empty chair.
• In order to avoid others seeing anything on camera that might be embarrassing.
• If you leave your microphone unmuted – any noise in the room is picked up, and you will be on camera without realising.

2.3. Microphone

All participants attending remotely, other than the Chair, should begin the meeting with their microphones on mute – this is to prevent echo.

Participants should only have their microphone unmuted when invited to speak by the Chair. Please ensure that you mute your microphone when you have finished.

Should any member fail to mute their microphone, Committee Officers or the person operating the audio casting will mute it automatically.

2.4. Chat Function

If the meeting is conducted entirely over Teams, you may type ‘Speak on this topic’ if there are a number of indications and you want to ensure you are brought in on the current topic being discussed.

Your wish to speak will be noted and you should wait to be invited to speak by the Chair.

You could also use this chat to type a short message if you are having technical difficulties and are unable to contribute / participate. Alternatively, if the chat function is not working for any reason, “raise your hand” can be used to indicate you wish to speak.

Try not to use the chat for typing questions or other comments, unless you are having difficulties with the audio / video, as the Chair needs to keep track of who wishes to speak.

The Clerk will monitor the chat and will alert the Chair to people who wish to speak.

If it is a blended meeting, and you are attending remotely, use the “raise (hand)” function to indicate that you wish to speak.

3. At the Meeting

3.1. For meetings conducted entirely over the Teams platform

Prior to the start of the formal meeting, once all members, officers and the person recording the meeting are present, the Chair should remind participants of the following protocols:

• Only the Clerk should admit external participants “waiting in the lobby” to the meeting.
• This is a formal Council meeting therefore all comments should be addressed through the Chair. Teams should be treated as a virtual “chamber” meeting, and all normal protocols remain the same (this applies equally to those attending a blended meeting remotely).
• If you would like to speak, please use the Raise (hand) function. Please do not use the Chat function, as it is NOT a private chat and all participants, including press representatives, can see the Chat.
• If you are not speaking, please ensure your microphone is turned off – if not, background noise can be picked up and/or feedback occur.
• Please ensure your background does not inadvertently advertise any particular product; a blank wall is preferable. Use of the Background features in Teams can affect your connection and cause breakup, particularly when “share screen” is used for presentations.
• The press representatives have been advised that their camera should be turned off and their microphones muted at all times.

The Clerk should then admit the press representatives to the meeting.

If required, the Clerk should do a roll call to confirm those present.

The Chair can then commence the formal meeting and the formal recording of the meeting will start.

3.2. For in-person meetings with remote participants (blended meetings)

At the time set for the meeting to begin, the Chair will confirm with the person audio casting the meeting that they are ready to begin recording/live broadcasting.

Once the meeting has commenced and the live audio cast/recording has started, the Chair will advise whether or not there are members/officers/others attending via Teams.

If there are remote participants, the Chair will remind them as follows:

• Their camera is kept on at all times and their microphone is muted.
• Should they wish to speak, they should use the Raise (hand) function.
• For any items of business which would involve the disclosure of exempt or confidential information, they will be asked to declare:
  • S/he is in a room with no other persons present.
  • No persons can overhear the discussions.
  • S/he will not answer any other calls or attend to any other business whilst participating in the meeting.
  • The camera will be kept on all times without exception.

3.3. Declaration of Interest

Where a member attending remotely has declared an interest which requires them to leave the meeting, they will require to exit the meeting by pressing the red “leave” button.

For a meeting conducted entirely over Teams, the Clerk and/or the Committee Services representative will then invite the member to rejoin the meeting when that business is concluded – this will appear as a pop-up on your screen.

For a blended meeting, the person operating the audio casting will invite the member to rejoin the meeting when that business is concluded.

Please note that, for a meeting conduced entirely over Teams, presence/lack of will be monitored by officers through the “People” feature. A member must not re-join the meeting until they have received an invitation from the Clerk.

3.4. Quasi-judicial business

Members are reminded that, if quasi-judicial business is being considered, such as planning applications, licensing applications, Notices of Review or appeals, they should remain for the entire item. If they have to leave the meeting during consideration of any relevant item, they are unable to participate or vote on their return.

3.5. Moving into Private Business (only relevant for meetings conducted entirely by Teams)

Just prior to the close of the public part of the meeting, the Chair will move that the remainder of the meeting will be held “in Committee” and seek a seconder. Once seconded, and agreed, the recording of the meeting, if applicable, will cease and members will be asked to “leave”.

A separate meeting invite will be issued for the “private” session of the meeting.

Appendix 5

Protocol for Appointment of Chief Officers

Appointment panels for the recruitment of the Chief Executive, Director and Head of Service posts comprise the following:

IMAGE: A table sets out appointment panels for Chief Executive, Director, Chief Officer of the Integration Joint Board and Heads of Service posts, including the panel chair, members and officers.

Decisions on appointments for the Chief Executive and Directors will follow a secret ballot process, conducted in successive rounds until a two-thirds majority of those present and entitled to vote, is secured.

The Council has adopted a general policy of obtaining feedback appointment panels from a preliminary professional officer interview panel, chaired by the Chief Executive, and a stakeholder/ peer appraisal panel, through candidate presentation and panel question and answer sessions, for Director and Heads of Service posts.

Appendix 6

Protocol for Audio Casting Council and Other Meetings

This Protocol has been drawn up to assist with the conduct of audio casting meetings and to ensure that, in doing so, the Council is compliant with its obligations under relevant data protection legislation.

Background

Following a review of audio casting reported to the Policy and Resources Committee on 23 November 2021, meetings of the following Committees and Sub-committees, where these are held in the Council Chamber, are now broadcast:

• General Meetings of the Council.
• Enterprise and Infrastructure Committee.
• Education, Communities and Housing Committee.
• Monitoring and Audit Committee.
• Policy and Resources Committee.
• Planning Committee.
• Local Review Body.
• Licensing Committee.
• Harbour Authority Sub-committee.
• Asset Management Sub-committee.
• Human Resources Sub-committee.
• Investments Sub-committee.
• Pension Fund Sub-committee, together with Pension Board.
• Police and Fire Sub-committee.
• Community Development Fund Sub-committee.
• St Magnus Cathedral Sub-committee.

Meetings of the Integration Joint Board and its Performance and Audit Committee are also broadcast.

Meetings are broadcast live over the internet and can be accessed via the Council website. In addition, recordings of each meeting are made available via the Council website. Whenever possible, these are made available within two working days of a meeting taking place.

Prior to the Meeting – Agenda Front Sheets and Signage

The following notice is included on the front of each agenda for designated meetings:

“Please note that this meeting will be broadcast live (audio only) over the Internet on Orkney Islands Council’s website. The meeting will also be recorded, with the recording publicly available for listening to after the meeting for at least 12 months. The Council is a Data Controller in terms of data protection legislation. Data collected during the audio cast will be retained in accordance with the Council’s Data Protection Policy. Further information about how the Council uses personal information and associated rights is available on the Council’s website.”

A notice in the above terms will be displayed inside and outside the Chamber.

Operation of Microphones

Before speaking, press microphone switch to ON.

Wait to be introduced by the Chair.

Speak clearly into microphone.

Once finished speaking press microphone button OFF.

WARNING: Be aware that ‘off-mic’ comments could be picked up and transmitted.

Conduct of Meetings

At the start of each meeting to be broadcast, an announcement will be made by the Chair to the effect that audio casting is taking place for live and subsequent broadcast over the internet.

Cessation or Suspension of Audio Casting

No part of any meeting will be audio cast after Members have passed a resolution excluding the public because of the likely disclosure of exempt or confidential information.

The Clerk to the Committee will ensure that audio casting of the meeting has ceased and will confirm this to the Chair before any discussion of exempt or confidential matters begins.

In addition, the Chair has discretion to terminate or suspend the audio cast if, in his/her opinion, continuing to audio cast would prejudice the proceedings of the meeting.

Circumstances that could lead to suspension or termination of audio casting include public disturbance or other suspension of the meeting or the potential infringement of the rights of any individual.

If a technical fault develops, the meeting will continue without interruption. More often than not, the meeting will be recorded successfully, even if the live broadcast is interrupted.

Editing of Audio Cast

Editing of any content of an audio cast will only be undertaken if there is a legal reason, for instance, the name of a person in witness protection was divulged by a public speaker, confidential personal information is inadvertently disclosed or defamatory comments are made. Editing of content may also be authorised in exceptional circumstances such as if an attendee is taken ill. A log will be maintained of audio casts where content has been edited.

The Chief Executive will, in consultation with the Chair of the Meeting and the Council’s Monitoring Officer, make the final decision on editing any audio cast material to be broadcast or published in connection with any Council meeting. The reason for any decision to edit any audio cast material will be published.

Obscenities or Other Inappropriate Language

In the event of obscenities or other inappropriate or unacceptable language being used, the sound will be muted either live or in post-production as the Council’s audio casts are accessible by people of different ages. All persons in attendance at meetings are required to behave respectfully towards others.

Other Recording or Broadcasting of Meetings

No form of photography, filming, recording or broadcasting of meetings (other than audio casting for the Council’s purposes) shall take place unless express permission is given in advance by the Chair at his/her discretion.