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The Board
Standing Orders
Other
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Standing Orders
Rules made by the North East Lindsey Drainage Board with the approval of the Minister under paragraph 3 of Part 1 of the Second Schedule to the Land Drainage Act 1991. The relevant statutory provision governing the election and proceedings of an Internal Drainage Board are set out in the Annexe to these rules for reference purposes.
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- A notice of a Board Meeting with an Agenda shall be sent by post to every member of the Board so as to arrive at least three days before the Meeting.
- The Board shall hold a meeting to be called ‘The Annual Meeting’ in November each year and meetings on such other dates as considered appropriate.
- No business shall be transacted by the Board other than that which appears on the Agenda, the Chairman declares any matter to be urgent and therefore at least three fourths of the members present vote in favour of proceeding therewith.
- No business shall be transacted at any meeting unless at least one third of the number of members are present at the commencement of the meeting. At the date of approving these rules a quarum shall, therefore, be seven members.
- The Board shall meet at the Offices of the Board or the Amethyst Hotel, East Halton on Tuesdays at 2:30pm unless stipulated otherwise.
- The Board shall at their Annual Meeting appoint a Chairman and Vice-Chairman for the ensuing year.
- If a casual vacancy occurs in the office of Chairman or Vice-Chairman, the Board shall as soon as possible choose another member to fill such vacancy, and he shall continue in office until the next Annual Meeting.
- If at any meeting the Chairman and the Vice-Chairman are absent, the members present shall choose some one of their numbers to be the Chairman at such meeting.
- Every matter brought before the Board shall be decided on by a majority of those present and voting. The voting shall be by show of hands.
- In the case of equality of votes at any meeting, the Chairman shall have a second or casting vote.
- The Board may appoint Committees and Chairman of such Committees as they think fit, but all the acts of any Committee shall be subject to the approval of the Board unless otherwise agreed.
- All proceedings, resolutions and reports of any Committee shall be circulated to all members at least three days before a meeting of the Board.
- Minutes of every Board and Committee Meeting shall be made and include details of:
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all the appointments of Officers made by the Board |
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all the names of Members present at each meeting |
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all Orders made by the Board; and |
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all resolutions and proceedings for the meetings of the Board and Committees. |
Standing Orders
Order or Debate
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- Every motion or amendment shall be moved and seconded and if necessary written down and handed to the Chairman or Clerk, and shall be read out before it is further discussed.
- A Member who speaks shall direct his speech strictly to the motion under discussion, or to a motion or amendment proposed by himself or to a question of order.
- A Member shall not address the Board more than once in any motion or amendment but the mover of an original resolution may reply and in his reply shall strictly confine himself to answering previous speakers, and shall not introduce any new matters into the debate.
- A motion or amendment once made and seconded shall not be withdrawn without the consent of the Board.
- Every amendment shall be relevant to the motion on which it is moved.
- Whenever an amendment upon an original motion has been moved and seconded, no second or subsequent amendment shall be moved shall be moved until the first amendment shall have been disposed of, but notice of any number of amendments may be given.
- An amendment shall be either:
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to leave out or add words; or |
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to refer a subject of debate to a committee for consideration or reconsideration. |
- If an amendment be rejected other amendments may be moved on the original motion.
If an amendment be carried, the motion as amended shall take the place of the original motion and shall become the question upon which any further amendment may be moved.
- No motion to rescind any resolution which has been passed within the preceding six months shall be in order.
- All deeds and other documents to which the Common Seal of the Board shall require to be affixed shall be sealed in pursuance of a resolution of the Board, and in the presence of the Chairman and the Clerk of the Board.
An entry of the sealing of every deed and other document to which the Common Seal shall have been affixed shall be made by the Clerk of the Board in a book to be provided for that purpose, and shall be signed by the Chairman (or other Member) of the Board present at the Sealing.
Suspension of Standing Orders
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- Any one or more of the Standing Order, in any case of urgency or upon motion made on a notice given, may be suspended at any meeting, providing that two thirds of the Members of the Board are present, and voting shall so decided.
Extract from the Statutory Provisions set out in Schedules 1 & 2 of the Land Drainage Act 1991 Governing the Election of Members to, and the proceedings of, an Internal Drainage Board.
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SCHEDULE 1 – PART 1 ELECTED MEMBERS
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- A person shall not be qualified for election as a member of an internal drainage board unless he is –
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(1)
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(a) both the owner and the occupier of not less than four hectares of land in respect of which a drainage rate may be levied by the Board and which is situated in the electoral district for which he is a candidate for election; or
(b) the occupier, whether under tenancies of year to year or otherwise, of not less than eight hectares of such land as aforesaid; or
(c) the occupier of land which is of an assessable value of £30 or upwards and is situated in the electoral district for which he is a candidate for election; or
(d) a person nominated as a candidate for election by the person (whether an individual or a body of persons) who is both the owner and the occupier of land which –
(i) is situated in the electoral district in question; and
(ii) is either of not less than four hectares in extent or of an assessable value of £30 or upwards.
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(2)
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A person shall not be qualified for the purposes of sub-paragraph (1) above as being an occupier of any land or, as being the owner and occupier of any land or a person nominated by the owner and occupier of any land, if at the date of the election any amount demanded in respect of any drainage rate levied on that land has remained unpaid for more than one month.
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(3)
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In sub-paragraph (1) above, the reference to the assessable value of any land is a reference to the amount which for the purposes of any drainage rate levied at the relevant date would be the annual value of the land.
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(4)
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The preceding provisions of this paragraph shall have effect subject to the provisions of paragraph 18 of Schedule 2 to the Water Consolidation (Consequential Provisions) Act 1991 (which makes provision with respect to relevant dates falling before 1st April 1993).
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(5)
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In this paragraph "the relevant date" means the date as at which the qualifications of candidates for the election in question are determined in accordance with rules made under paragraph 1 above.
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SCHEDULE 1 – PART 2 MEMBERS APPOINTED BY CHARGING AUTHORITIES
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5.
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(1)
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The charging authority for any area wholly or partly included in an internal drainage district may appoint a member or members of the internal drainage board having power, by virtue of regulations under the [1988 c. 41.] Local Government Finance Act 1988, to issue special levies to that authority.
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(2)
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In appointing a person to be a member of an internal drainage board a charging authority shall have regard to the desirability of appointing a person who —
(a) has knowledge or experience (including knowledge of the internal drainage district in question or commercial experience) of some matter relevant to the functions of the board; and
(b) has shown capacity in such a matter.
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6.
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(1)
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The number of appointed members of an internal drainage board—
(a) shall be determined, in accordance with the following provisions of this paragraph, for the period 1st April 1993 to 31st March 1996 and each succeeding three-year period beginning with 1st April; and
(b) shall be so determined in relation to each drainage board by reference to the amounts ascertained, on the 31st December preceding the relevant three-year period, as the amounts in respect of which that board make drainage rates and issue special levies in the financial year preceding that period.
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(2)
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The number of appointed members of an internal drainage board—
(a) shall not exceed by more than one the number of other members of the board; and
(b) subject to paragraph (a) above, shall be such that the number of appointed members bears, as nearly as possible, the same proportion to the maximum number of all the members of the board as the aggregate amount of special levies issued by the board bears to the amount of the expenses of the board in respect of which drainage rates have been made and special levies have been issued.
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(3)
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If more than one charging authority is entitled to appoint members of an internal drainage board under paragraph 5 above—
(a) each such authority may appoint the number of members of the board calculated by multiplying the maximum number of appointed members by the relevant fraction for that authority and disregarding any fraction in the resulting product; and
(b) where in respect of the board—
(i) any such authority has appointed a member; or
(ii) the calculation referred in paragraph (a) above results in respect of each such authority in a product of less than one,
the charging authorities shall, unless they otherwise agree, jointly appoint the number of members of the board representing the difference between the maximum number of appointed members and the aggregate number of members that may be appointed by individual charging authorities or, as the case may be, constituting the maximum number of appointed members.
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(4)
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For the purposes of sub-paragraph (3) above the relevant fraction, in relation to a charging authority, is the fraction which identifies how much of the aggregate amount of the special levies issued by the internal drainage board in question consists in a special levy issued to that authority.
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(5)
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In this paragraph "appointed members" , in relation to an internal drainage board, means members of the board appointed by one or more charging authorities under this Part of this Schedule or, at a time before the commencement of this Act, under the corresponding provisions of the Internal Drainage Boards (Finance) Regulations 1990.
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SCHEDULE 1 – PART 3 SUPPLEMENTAL PROVISIONS WITH RESPECT TO MEMBERS Terms of office etc. of members
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7.
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(1)
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Subject to the following provisions of this Part of this Schedule, elected members of an internal drainage board shall come into office on 1st November next after the day on which they are elected and shall hold office for a term of three years.
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(2)
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Subject as aforesaid, the terms of appointment of a member of an internal drainage board who is appointed by one or more charging authorities shall be determined by the authority or authorities by which he is appointed.
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(3)
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Subject as aforesaid, the members of an internal drainage board who are appointed by the relevant Minister as first members of that board shall hold office until the end of one year from the 1st November next following the day on which they are appointed.
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Resignation etc. of elected members
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8.
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(1)
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An elected member of an internal drainage board may resign his office by notice given to the chairman of the board.
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(2)
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If an elected member of an internal drainage board is absent from meetings of the board for more than six months consecutively, he shall, unless his absence is due to illness or some other reason approved by the board, vacate his office at the end of that six months.
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Insolvency of members or candidates
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9.
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(1)
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A person who is an undischarged bankrupt or who has at any time within the preceding five years made a composition or arrangement with, or granted a trust deed for, his creditors shall be ineligible for election as a member of an internal drainage board and also for being a member of such a board.
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(2)
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If -
(a) an elected member of an internal drainage board is adjudged bankrupt;
(b) the estate of such a member is sequestrated; or
(c) such a member makes a composition or arrangement with, or grants a trust deed for, his creditors,
he shall vacate his office.
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10.
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(1)
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Subject to sub-paragraph (2) below, if for any reason whatsoever the place of an elected member of an internal drainage board becomes vacant before the end of his term of office, the vacancy shall be filled by the election by the board of a new member.
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(2)
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Where the unexpired portion of the term of office of the vacating member is less than six months, the vacancy need not be filled.
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(3)
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A person elected to fill a casual vacancy shall hold office so long as the vacating member would have held office.
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Eligibility of vacating member of board
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11.
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Subject to the preceding provisions of this Schedule, a vacating member of an internal drainage board shall be eligible for re-election or re-appointment.
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Meaning of "elected member"
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12.
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References in this Part of this Schedule to an elected member, in relation to an internal drainage board, are references to any member of that board other than a member appointed by one or more charging authorities.
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SCHEDULE 2 EXPENSES AND PROCEEDINGS ETC OF INTERNAL DRAINAGE BOARDS Payment of expenses etc of members and offices
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- (1) The relevant Minister may, if he thinks fit, by order authorise an internal drainage board to pay to the chairman of the board, for the purpose of enabling him to meet the expenses of his office, such allowance as may be specified in the order.
(2) An internal drainage board may pay any reasonable expenses incurred by their members and officers in—
(a) attending meetings of the board or a committee or sub-committee thereof;
(b) carrying out inspections necessary for the discharge of the functions of the board; or
(c) attending conferences or meetings convened by one or more internal drainage boards, or by any association of internal drainage boards, for the purpose of discussing matters connected with the discharge of the functions of internal drainage boards;
and may pay any reasonable expenses incurred by their members or officers in purchasing reports of the proceedings of any such conference or meeting.
- Any member of an internal drainage board who is interested in any company with which the board has, or proposes to make, any contract shall—
(a) disclose to the board the fact and nature of his interest; and
(b) take no part in any deliberation or decision of the board relating to such contract;
(c) and such disclosure shall be forthwith recorded in the Minutes of the Board.
- A minute of the proceedings of a meeting of an internal drainage board, or of a committee of such a board, purporting to be signed at that or the next ensuing meeting by a person describing himself as, or appearing to be, the chairman of the meeting to the proceedings of which the minute relates shall be evidence of the proceedings and shall be received in evidence without further proof and until the contrary is proved every meeting in respect of the proceedings of which a minute has been so signed shall be deemed to have been duly convened and had, and where the proceedings are the proceedings of a committee, the committee shall be deemed to have been duly constituted and to have the power to deal with the matters referred to in the minute.
- The proceedings of an internal drainage board shall not be invalidated by any vacancy in the membership of the Board or by any defect in the appointment or qualification of any member of the Board.
- (1) An internal drainage board shall—
(a) before such date in every year as the relevant Minister may fix, send to that Minister a report of their proceedings during the preceding year; and
(b) at the same time send a copy of the report to the Environment Agency and to the council of every county and London borough in which any part of the board's district is situated.
(2) Every such report shall be in such form and shall contain particulars with respect to such matters as the relevant Minister may direct.
- (1) An internal drainage board shall—
(a) as soon as the accounts of the board have been audited, send a copy of them to the relevant Minister; and
(b) at the same time, send a copy of the accounts to the Environment Agency and to the council of every county/unitary authority or London borough in which any part of the board's district is situated.
(2) A copy of the audited accounts of an internal drainage board shall be kept at the office of the board and any person who is liable to pay drainage rates in the board's district shall be entitled, without payment, to inspect and take copies of, or extracts from, that copy.
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