Tower Hamlets Constitution

The following Procedure Rules apply to all formal Committees and Sub-Committees of the Council except where those bodies have agreed specific procedures either for regulatory or other purposes that better fit the requirements of that body. Where such alternative processes exist they may also call on some of the below procedure rules as required but this should be stated in that Body’s Terms of Reference or Procedures.

Chairsof Committees will be appointed by Annual Council.

Where a vacancy occurs during the year, this will be considered at the next Ordinary Council meeting. Should this not happen then the Committee will be free to appoint its own Chair.

Unless specified in their procedures or the relevant parent committee determines otherwise (for example the Overview and Scrutiny elects the Chairs of its Sub-Committees). Sub-Committees will elect their own Chairs as required.

All Committees/Sub-Committees appoint their own Vice-Chair where this is required.

Committee Size and Membershipwill be agreed by Annual Council and Sub-Committee size and membership will be determined by the parent Committee. Where a vacancy for a Committee/Sub-Committee Member occurs during the year, the Monitoring Officer has authority to make appointments as recommended by the relevant groups/members in line with the proportionality arrangements agreed by Council.

Up to three Substitutesper political group will also be allocated at Annual Council. The Monitoring Officer has authority to confirm further appointments of Substitutes where vacancies occur, on the recommendation of the political groups in line with this rule.

Each ungrouped Member appointed to a Committee/Sub-Committee may also appoint one named substitute in the same manner.

Substitute Councillors will have all the powers and duties of any ordinary Councillor of the Committee but will not be able to exercise any special powers or duties exercisable by the person they are substituting.

Substitute Councillors may attend meetings in that capacity only:

1. to take the place of the ordinary Councillor for whom they are the designated substitute; and

2. after notifying the Monitoring Officer (or her/his representative at the meeting) by the time scheduled for the start of the meeting of the intended substitution

3. where they have undertaken any training that would be mandatory for a Members of that Committee.

A substitute Councillor may only take the place of the ordinary Councillor for the whole of a meeting except where they are attending the Strategic Development Committee or Development Committee to consider a deferred item where they were at the previous meeting which considered that item and are there on that basis.

No substitutes are permitted for the Licensing Committee/Licensing Regulatory Committee.

Business.The first meeting of a Council Committee following the Annual Meeting of Council, will consider the following agenda items (alongside normal business items):

1. elect a person to Chair the Committee for the duration of the municipal year if this has not been actioned by Annual Council;

2. elect a vice-chair

3. note the Committee’s Terms of Reference, Membership (including any required matters in relation to attendance) and scheduled meeting dates;

4. if required, consider the establishment of any standing Sub-Committees for that municipal year and, if necessary, appoint memberships/chairs;

Ordinary scheduled meetings of the Committee/Sub-Committee will take place in accordance with the programme below:

1. Administrative Items:

   1. Appointing a chair for the meeting if the Chair and Vice-Chair are not present

   2. Introductions and apologies as required;

   3. Declarations of Disclosable Pecuniary Interests and other interests;

   4. Consideration of the minutes of the previous meeting.

   5. Workplan (if relevant).

2. Reports for Consideration

   1. Receive any unrestricted reports for consideration.

3. Any Other Urgent Business

   1. Consider any matters which the Chair considers urgent.

4. Exclusion of the Press and Public

   1. To agree a motion to exclude the press and public (should this be required).

5. Exempt/Confidential Minutes

   1. Consideration of any exempt/confidential minutes of the previous meetings.

6. Exempt/Confidential Reports for Consideration

   1. Receive any exempt/confidential reports for consideration.

7. Any Other Exempt/Confidential Urgent Business

   1. Consider any exempt/confidential matters which the Chair considers urgent.

Those listed below may request the Monitoring Officer/Chief Executive to call extraordinary Committee or Sub-Committee meeting in addition to ordinary meetings:

1. The Committee by resolution at a meeting;

2. The Chair;

3. The Monitoring Officer; or

4. One third of the Councillors of the Committee if they have signed a requisition that has been presented to the Chair and they have failed to call a meeting within 7 days of such.

When requested, the Monitoring Officer will, in consultation with the Chief Executive, call a meeting of the Committee or Sub-Committee unless the Chief Executive is of the opinion that holding such a meeting would not be an efficient use of resources and the subject matter of the business can conveniently wait until the next Ordinary Meeting of the Committee or Sub-Committee.

Only the business specified in the resolution, request or requisition which led to the calling of the Extraordinary Meeting can be conducted at this meeting.

Committee and Sub-Committee meetings will usually commence at 6.30pm and take place at the Town Hall unless the Chair of the relevant Committee/Sub-Committee decides otherwise. This will be in consultation with the Monitoring Officer.

The Monitoring Officer is authorised to either cancel or postpone a meeting of a Committee/Sub-Committee if it is deemed that there is insufficient business to transact or some other appropriate reason warranting its cancellation/ postponement.

The Monitoring Officer is authorised to vary the time, date and place of any meeting where there is good justification in consultation the Chair of the Committee/Sub-Committee.

The Monitoring Officer will give notice to the public of the time and place of any meeting of a Committee/Sub-Committee in accordance with the Access to Information Procedure Rules at Part B Section X of the Constitution.

At least 5 clear working days before a meeting not including the day the notice is given and the day of the meeting, the Monitoring Officer will send an agenda to the Members of the Committee giving the date, time and place of the meeting, specify the business to be transacted, and will be accompanied by any available reports. If necessary, additional reports to the reports on the agenda will be permitted within the preceding five days to the meeting or at the meeting subject to the report setting out ‘reasons for urgency’.

The person chairing the meeting has responsibility for managing the conduct of the meeting and has the final say on the interpretation of the Committees procedures the implementation of these Procedure Rules and their decision shall not be challenged at the meeting.

Participation in a Committee or Sub-Committee meeting shall be at the discretion of the person chairing the meeting.

The Chair also has the discretion to vary these rules where to do so would aid democratic participation and engagement unless this would contravene any legal requirement or the Council’s Codes or Protocols.

Subject to any specific quorum requirements set out in the terms of reference of a particular body, the quorum of a meeting will be one quarter of the whole number of Councillors or 3 voting Councillors, whichever is the greater.

Subject to any exceptions in Rule 25, if a quorum is not reached at the scheduled start time for a meeting, the Chair/Vice-Chair shall have the discretion to extend the start time by up to 20 minutes. If a quorum is not achieved at the scheduled start time, or after any extension, the meeting will stand adjourned.

During any meeting if the Chair counts the number of Councillors present and declares there is not a quorum, then the meeting will adjourn immediately. Remaining business will be considered at a time, date and place fixed by the Monitoring Officer. If a date is not fixed, the remaining business will be considered at the next ordinary meeting.

All Committee meetings will end after a period of 2 hours but an extension may be agreed by resolution to extend the meeting for an additional period of up to 1 hour (up to 2 hours for the Appeals/Employee Appeals/Development and Strategic Development Committees/Sub-Committees provided the meeting finishes before 11:30pm).

If the business of a meeting has not been concluded after 2 hours or 3 hours (if the extension in rule 9.1 is applied), when the Councillor speaking has concluded their speech, the Chair will draw the attention of the meeting to this rule. If a matter is being debated, the debate shall immediately be concluded as if the motion, ‘That the question be now put’ had been moved and carried.

Any matters requiring a decision on the agenda that have not been dealt with by the end of the meeting shall be deemed formally moved and seconded together with amendments notified in writing to the Monitoring Officer by noon on the day of the meeting. They will be put to the meeting without any further discussion. A recorded vote under rule 16.4 will be taken, if called for and the requirements of that rule are met, on matters dealt with under this guillotine. During the process in this rule the only other matters which may be raised are points of order. When all matters have been dealt with, the Chair will declare the meeting closed. Any amendments not received by Noon on the day of the meeting shall be deemed to have been dropped.

The following motions and amendments may be moved without notice provided they do not contravene the requirements of Rule 11.5 above. Once such a motion or amendment has been moved, seconded and has been accepted by the Chair it shall, unless the Chair decides otherwise, be put and voted on without debate:-

1. to change the order of business in the Agenda

2. to proceed to the next business;

3. that the question be now put;

4. to adjourn a debate;

5. to adjourn a meeting;

6. to extend the meeting under Rule 9:

7. to exclude the public in accordance with the Access to Information Procedure Rules;

8. not to hear a Councillor further because of misconduct (as set out in rule 22.2);

9. to require a Councillor to leave the meeting for continued improper behaviour (as set out in rule 22.3); and

10. To request a recorded vote in line with Procedure Rule 16.

Reports for Considerationat meetings will usually be introduced by a Lead Officer or Member. Following that introduction the Chair will invite Members of the Committee/Sub-Committee to ask questions or seek clarifications.

Following questions, the Chair will invite Members to discuss the content of the report.

The Chair may at any time seek further clarification or comment from available officers.

At the conclusion of the debate, the Chair will provide any necessary summary and will then request from Committee/Sub-Committee Members any suggested amendments to the recommendations set out in the report. All amendments must have a proposer and a seconder. The Chair may also propose amendments (which must be seconded by another Member of the Committee/Sub-Committee).

The Chair will then seek to determine an outcome of the debate through one or more votes as necessary.

Discussion on Other Agenda Itemswill take place in a manner determined by the Chair of the meeting.

Public Participationis not required on most items of business at Committee/Sub-Committee meetings. However, as a general principle the Council welcomes public engagement and where the Chair considers it beneficial, they can invite non-Committee Councillors, residents, external experts and others to address the meeting about an existing item on the agenda in a manner they determine (or if no other procedure is identified, through a three-minute speech).

Committees/Sub-Committees would not normally accept additional items of business from members of the public outside of those already on the agenda.

All Councillors are entitled to vote unless exempted. If Co-opted or other Members are entitled to vote this will be set out in the Terms of Reference for that Committee/Sub-Committee.

Unless this Constitution (or the law) provides otherwise, any matter will be decided by simple majority of the voting Members present.

If there are equal numbers of votes for and against, the Chair will have a second or casting vote. There will be no restriction on how the Chair chooses to exercise a casting vote.

Unless a recorded vote is demanded before the vote has been taken, the Chair will take the vote by a show of hands, or any other voting method that has been introduced. If there is no dissent this can be by simple affirmation of the meeting.

If one third of the voting Membership at the meeting request it before the vote has taken place, the names for and against the motion or amendment or abstaining from voting will be taken down in writing and entered into the minutes.

Where any Member of the Committee/Sub-Committee requests it immediately after a vote, their vote will be so recorded in the minutes to show whether they voted for or against the motion or abstained from voting.

In respect of voting for Chairs/Vice-Chairs or other relevant positions, if more nominations are made than there are positions available, the meeting will vote in turn on each nomination separately, in the order in which they were nominated, until the vacant position(s) are filled. Before any vote is taken the person presiding shall establish that each candidate nominated, if present, is willing to stand.

Members are entitled to vote for their own nomination should they so wish.

Members are entitled to vote for their own nomination should they so wish.

Petitions are not normally considered at Council Committees/Sub-Committees outside of the Petition Scheme. However, the Monitoring Officer has discretion to allow a petition to be presented to a Committee or Sub-Committee meeting where this is considered appropriate.

Members of the public and press may only be excluded either in accordance with the Access to Information Procedure Rules in Part B Section 27 of this Constitution or Rule 21 (disturbance by the public).

Ensuring good conduct at the meeting is the responsibility of the Chair.

When so requested by the Chair any Councillor, other Member or participant speaking must be silent.

If any participant persistently disregards the ruling of the Chair, or behaves inappropriately, offensively, or is deliberately obstructing business, that person will be provided with a warning by the Chair. If they continue to behave in any such manner the Chair has the authority to order the person in question to leave the meeting.

If there is a disturbance in any part of the meeting room open to the public the Chair shall order that part of the room to be cleared.

Members of the press and public are permitted to film, audio record, take photographs or make use of social media (tweet/blog) at Council and Committee meetings provided that this does not disturb the business of the meeting. If a person wishes to film a particular meeting, please liaise with the Council Officer listed on the front of the Agenda prior to the start of the meeting so that the Speaker or Chair is aware and those attending the meeting can be made aware of any filming taking place.

Where a member of the press or public wish to film a meeting this must be done in accordance with the Filming Protocol set out in the Constitution.

The Council will webcast most of its Committee/Sub-Committee meetings for publication via the Council’s webcast portal. Cameras will be focussed on those participating in the meeting but anyone present may be filmed.

Should a technical fault occur with the webcast, the meeting will proceed as usual and any recovered footage will be posted online after the meeting.

Regulations require that decision-making Members of the Committee/Sub-Committee are physically present in the meeting location. Key officers should also attend in person.

Where technology is available other officers may attend remotely. Public/other participants are encouraged to attend in person but it is their choice and they can attend remotely should they so wish. However, technical problems are the responsibility of the participant and the meeting may have to proceed without their contribution if the connection fails.

Where a meeting suffers technical problems it is for the Chair, following consultation with officers, to determine where:

• The meeting carry on without the impacted participants.

• Some or all items be deferred.

• An extraordinary meeting be arranged to consider deferred items or whether they should be considered at the next planned meeting.