Can the rule Book over rule published Standards.

Question

An occasion has occurred where the Clerk and Members, but not all of the Council, have met and scrupulously found a rule to suit their argument at a meeting. Do the Standing Orders, Code of Conduct etc; get ignored if this "rule" is used.

Answer 1

What does "found a rule" mean please?

Comments

Most of the published documents and procedures are mostly an almost copy and paste of the NALC standards, which is then deemed to be the practice in place for the council to adhere to. The rule books are the "green or yellow" books I am led to believe. An example of which is the 38 day rule following a District/Parish Election.

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The NALC model standing orders bring together all of the requirements of the Local Government Act and the many other pieces of legislation in a single set of rules of conduct for local councils. Anything your council seeks to do that contradicts or is at odds with the model standing orders is probably not legal.

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Thank you for the prompt reply, will re-read Policys.

Answer 2

Councils are bound to operate by resolved policies, procedures and Standing Orders. Does this "rule" come from any of those?

If not there will be questions about the legality of what has been done.

Comments

Just to confirm and elaborate, resolved policies are current and listed on the Town council website. Procedures are contained and managed by regular updates in these policy's as published on the website. Standing Orders supersede all policy`s as the guiding rules for the council to adhere to without exception including guidance given by the Clerk on the legality of accepting and using other Rule books.