Constitution - Council procedure rules

Annual meeting

In a year with ordinary elections, the annual meeting must take place within 21 days of the outgoing councillors retiring from office. In any other year, the annual meeting will be held in May.

The annual meeting: 

• elects a person to preside if the Mayor or Deputy Mayor of the Council are not present
• receives any declarations of interest
• elects the Mayor of the Council
• appoints the Deputy Mayor of the Council
• receives any announcements from the Mayor and the Chief Executive
• elects the Leader (where the term of office of the current Leader has expired or is vacant)
• receives Leader’s report on any appointment of the Deputy Leader and any appointments or changes to the Cabinet
• appoints at least one Overview and Scrutiny Committee, an Audit and Standards Committee and other committees as appropriate
• receives nominations of councillors to serve on each committee on a politically proportionate basis and outside bodies; and makes appointments
• considers any business set out in the notice convening the meeting

Ordinary meetings

Ordinary meetings of the Council follow a schedule agreed by the Council. 

The summons for the meeting sets out the agenda items.  For the order of the agenda see the full document:

Extraordinary meetings 

The following can request the Head of Paid Service to call an Extraordinary Council meeting: 

• the Council by resolution
• the Mayor
• the Head of Paid Service
• the Monitoring Officer or Chief Finance Officer
• any five councillors, if they have signed a requisition presented to the Mayor and they have refused to call a meeting, or have failed to call a meeting within seven days of the presentation of the requisition. 

Arrangements for meetings 

The summons for meetings is made at least 5 days before a meeting and includes the agenda and any reports that are available. The time and place of meetings is decided by the Head of Paid Service and included in the summons.

At least a quarter of all councillors must be present before a meeting can take place or continue. This is currently 12 councillors. 

Minutes 

The Mayor signs the meeting minutes at the next suitable meeting (not an extraordinary meeting). The only part of the minutes that can be discussed is their accuracy. 

The minutes will contain all motions and amendments in the form and order the Mayor put them.

Motions 

Some motions can be made without notice and some motions need notice. 

Motions without notice 

Some motions without notice must be made in writing. Other motions without notice don’t need to be in writing but must be proposed and seconded. These are set out in the full document:

Motions requiring written notice 

All other motions must give written notice to the Head of Paid Service before 12 noon at least 7 working days before the date of the meeting. 

Motions should be:

• about a single issue
• something the council has responsibilities for
• something which affects the borough
• no more than 100 words

Motions must not be defamatory, illegal, improper, irregular, frivolous, offensive or otherwise out of order. 

Rule of debate 

For proposals and speeches:

• all motions and amendments must be proposed and seconded
• a councillor who seconds a motion or an amendment doesn’t have to speak immediately, but may reserve their right to speak later in the debate
• one councillor to speak at a time
• a councillor must only speak on the subject under discussion, in personal explanation or on a point of order.
• a councillor can speak for a maximum of 5 minutes, except for the budget setting original motion, when the proposer of the budget (the Leader or the Portfolio Holder responsible for finance) and any opposition Group Leader can speak for up to 10 minutes
• a councillor can only speak once on any motion – exceptions to this are set out in the full document

Further information on motions is included in the full document:

Points of order 

A councillor should stand if they have a point of order. A point of order must relate to an alleged breach of these procedure rules or statutory provision. The councillor must specify what procedural rule or statutory provision they consider has been breached and how. The ruling of the Mayor is final. 

Personal explanation 

A councillor should stand if they want to give a personal explanation. A personal explanation must relate to part of an earlier speech they have made that appears to have been misunderstood. The ruling of the Mayor is final.

Voting 

Unless set out in the constitution, matters are decided by majority of those councillors voting and present in the room at the time the question was put. 

If there are equal numbers of votes for and against, the Mayor will have a second or casting vote. If the Mayor declines to make a second or casting vote, the motion or amendment is not carried. 

Unless a recorded vote is requested, the Mayor will take the vote by show of hands. 

If a recorded vote is requested by any councillor present before the vote is taken, the names for and against the motion or amendment or abstaining from voting will be recorded and included in the minutes. 

If a councillor requests it immediately after the vote is taken, their vote will be recorded in the minutes to show whether they voted for, against or abstained from voting. 

More information on voting is included in the full document:

Behaviour at meetings 

Councillors must always address the Mayor. 

Whenever the Mayor stands up during a debate, all councillors must stop speaking, and the Council must be silent. 

When speaking, a councillor should stand and address the meeting through the Mayor. If more than one councillor stands, the Mayor will ask one to speak and the other must sit. Other councillors must remain seated whilst a councillor is speaking unless making a point of order or a personal explanation.

Disorderly conduct 

Councillor misconduct can lead to the councillor being prohibited from speaking on the matter again. If the misconduct continues, the councillor may need to leave the meeting, or the meeting may be adjourned. Examples of misconduct include:

• ignoring the ruling of the Mayor
• behaving irregularly, improperly or offensively
• wilfully obstructing the business of the Council

If there is a general disturbance, the Mayor may adjourn the meeting.

If members of the public interrupt the meeting, and don’t stop when asked by the Mayor, they will be asked to leave the meeting. 

Members of the public can film or record the public elements of the Council or its committees or sub-committees as long as it doesn’t disrupt the meeting. 

Questions from councillors 

Councillors can ask the Leader or any Chair of a committee or sub-committee a question without notice on any item on the report of the Cabinet or a committee or sub-committee when it is being presented to Council.

Questions to Council on notice 

Councillors can ask one question only at a meeting. It must be about: 

• a matter relating to the council’s powers and duties
• a matter which affects the borough or its residents
• a matter which affects an organisation on which the council is represented by a councillor 

Questions must:

• not be more than 100 words
• not be defamatory, illegal, improper, irregular, frivolous, offensive or otherwise out of order
• not relate to any individual planning application or licensing application

Questions must be submitted in writing via committee@elmbridge.gov.uk to the Proper Officer by 9am, 4 working days before the Council meeting. 

Responses to questions can be given by: 

• The Leader
• Portfolio Holder
• committee or sub-committee Chair
• any councillor appointed or nominated by the Council to an outside body

Responses can be provided as:

• an oral answer (maximum 5 minutes)
• a written answer circulated later to the questioner

There is a 30-minute time limit for questions from councillors at Council meetings. 

Further information on questions is included in the full document:

Ward statements 

At an ordinary council meeting, councillors can make a statement on an important matter relating to their ward if they have given notice. 

Notice must be given in writing via committee@elmbridge.gov.uk to the Proper Officer by 9am, 4 working days before the Council meeting. 

Statements are a maximum of 2 minutes. There are no comments or questions on statements.

Statements must not relate to: 

• an individual planning application or licensing application
• a recognisable individual
• something already discussed as part of the agenda for the meeting

Petitions 

See our petitions scheme for information on how petitions will be discussed by the Council. 

Committees and sub-committees

The full document sets out which procedure rules apply to committees and sub-committees and when meetings can be cancelled: 

Committees and sub-committees meetings cannot be conducted unless at least a quarter of the committee or sub-committee is present.

Recommendations for committees and Cabinet 

When a committee or Cabinet makes a recommendation to Council, the item will be included on the agenda for the next Council meeting. A report and any recommendation, will be circulated with the agenda for the Council meeting.

If a committee makes a recommendation to the Council, it will be formally presented by the committee’s Chair, Vice-Chair or the relevant Portfolio Holder. If the recommendation comes from an officer’s report, it will be formally presented by the Leader or the appropriate Portfolio Holder.

Any amendment to a recommendation to Council must be put in writing and made available to the Council before it is discussed. 

Rules of debate 

The rules for debating recommendations are the same as for motions or amendments.

More information

To learn more about procedure rules see the full document: