The clerk is now insisting that it is legal to rescind the minute relating to the sale

Question

One of the councillors has been told by the clerk that if she gets 5 people to sign a request to put it on the agenda the minute can be rescinded.i do not know where he is getting it from.

Answer 1

He should e getting it from your PC's standing orders in the first instance.  Check what they say.

Comments

i have now got to the bottom of this. Standing orders state that it is possible to rescind the decision (please note not the minute) and the bit relevant states

32. (a) A decision (whether affirmative or negative) of the Council shall not be reversed within six months except either by a special resolution, the written notice whereof bears the names of at least five Members of the Council,  or by a resolution moved in pursuance of the report or recommendation of a committee.

(b) When a special resolution or any other resolution moved under the provision of paragraph (a) of this Order has been disposed of, no similar resolution may be moved within a further six months
Does this mean that if the decision is confirmed  and not rejected as is hoped we cannot revisit for afurther 6 months thereafter. Can the same procedure not be invoked again?

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Standing Orders often have similar procedures where, within a certain time after the initial resolution, it can be voted on again. The usual (6 months rule) then applies where that resolution cannot be voted on again. It is generally unusual for this to happen (twice within the last 6 years on our Council, and both times the initial resolution was carried again (i.e. no change)).