Standing orders
s 39
39. A Town Council may make standing orders for regulating its procedure and, in particular, the standing orders may make such provision for the preservation of order at meetings as the Town Council may consider necessary.[25
Town Councils Act 1988 PART 5 — PROCEEDINGS OF TOWN COUNCIL
Compiled from an official source version. Later amendments or repeals may not be reflected; the official text prevails. · Read the official text ↗
Meetings
s 40
40.—(1) A Town Council must meet at such times as may be laid down in its standing orders and may adjourn from time to time. (2) The chairperson may at any time summon a meeting of the Town Council. (3) The chairperson must, on a requisition signed by at least two‑thirds of the members of the Town Council to that effect, summon a meeting of the Town Council within 7 days of receiving the requisition. (4) The secretary must give notice of a meeting to each member of the Town Council at least 2 clear days before the day of the meeting, except in the case of an emergency meeting when as long a notice as possible must be given. (5) Accidental omission to give a notice to any member of the Town Council under subsection (4) does not affect the validity of a meeting.[26
Minutes
s 41
41.—(1) Minutes of the proceedings of a Town Council and a committee thereof must be kept and authenticated in accordance with standing orders. (2) Until the contrary is proved, a meeting of a Town Council or a committee thereof, in respect of the proceedings of which a minute has been kept and authenticated in accordance with its standing orders, is deemed to have been duly convened and held and all the members present at the meeting are deemed to have been duly qualified. (3) Where the proceedings are proceedings of a committee, the committee is deemed to have been duly constituted and to have had power to deal with the matters referred to in the minutes.[27
Acts of Town Council
s 42
42.—(1) All questions coming or arising before a meeting of a Town Council or a committee thereof must be decided by a majority of the members present and voting thereon. (2) Nothing in subsection (1) limits the discretion of a Town Council or a committee thereof to determine any matter by circulating papers. (3) Any papers so circulated may assume the agreement of the Town Council or the committee to any matter unless a member notifies his or her disagreement within such time as may be specified in such papers.[28
Quorum
s 43
43.—(1) At any meeting of a Town Council, one-third of the number of members constitutes a quorum. (2) The quorum for any committee of a Town Council must be laid down in the standing orders of the Town Council.[29
Validity of acts of Town Council
s 44
44. The proceedings of a Town Council or a committee thereof are not invalidated by any vacancy among its number or by any defect in the appointment or qualification of any member thereof.[30
Committees
s 45
45.—(1) A Town Council may, by resolution, appoint such number of committees as it thinks fit for purposes which, in the opinion of the Town Council, would be better regulated and managed by means of such committees.[17/2017] (2) Subject to subsections (3) and (4), a committee appointed by a Town Council under this section may consist of such number of individuals as the Town Council thinks fit, and may include individuals who are not members.[17/2017] (3) At least one-third of the members of each committee formed under this section must be members of the Town Council, and the chairperson of a committee must be a member of the Town Council if the committee is formed under this section by a Town Council for any of the following matters:(a) internal audit; (b) finance; (c) procurement of goods or services; (d) publicity and public relations; (e) estate management.[17/2017] (4) An individual is disqualified from being appointed as a committee member under this section, and must cease to be such a committee member, if the individual —(a) is appointed under section 52(1) as the auditor of the Town Council; (b) is or becomes the managing agent of the Town Council; or (c) is in a position to exercise a significant influence over or with respect to the management or operation of the business of the managing agent of the Town Council.[17/2017] (5) Every individual who is appointed as a committee member under this section must, as soon as practicable after assuming the appointment, complete a declaration of acceptance of that appointment in the form prescribed by rules under section 82 and deliver the declaration to the Minister.[17/2017] (6) Each member of a committee formed under this section has one vote at meetings of the committee.[17/2017] (7) In addition to his or her general vote, the chairperson, or member of a committee presiding at a meeting, of the committee has, in the case of an equality of votes, a casting vote.[17/2017] (8) Subject to this Act and any restriction in a resolution under subsection (1), a committee formed under this section may regulate its own proceedings and business as it thinks fit.[31 [17/2017]
Delegation of powers
s 46
46.—(1) A Town Council may, subject to such conditions or restrictions as it thinks fit, delegate to any member of the Town Council, or to any committee of the Town Council or to any member thereof, all or any of the powers, functions and duties by this Act (except a restricted power), and any power, function or duty so delegated may be exercised or performed by such member or committee in the name and on behalf of the Town Council.[17/2017] (2) A Town Council may, subject to such conditions or restrictions as it thinks fit, delegate to any employee thereof or any agent all or any of the powers, functions and duties by this Act (except a restricted power), and any power, function or duty so delegated may be exercised or performed by such employee or agent in the name and on behalf of the Town Council.[17/2017] (3) A Town Council may continue to exercise any power conferred upon it, or perform any function or duty under this Act, despite the delegation of such power, function or duty under this section.[17/2017] (4) Any delegation of power, function or duty under this section by a Town Council must not be inconsistent with the Financial Rules. (5) In this section, a restricted power is the power of a Town Council under this Act to make by-laws, and the power of delegation conferred by this section.[32 [17/2017]
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