FIRE AND RESCUE SERVICES
REGIONAL MANAGEMENT BOARD
CONTENTS
Page
1 Parties
Page
1-2 Preliminaries
Clauses
1. Constitution
2. Duration
3. Definitions and
Interpretation
4. Powers
5. Membership and Standing Orders of the RMB
6. Meetings and Proceedings of the RMB
7. Support Service Functions
8. Obligations of the RMB and Panels
9. Obligations of Constituent Fire Authorities
10. Staff
11. Assets and Liabilities
12. Financial Arrangements
13. Costs and Expenses
14. Termination and Breach
15. Dissolution
16.
General
17.
Execution
Schedules
Schedule 1: Parties and Constituent Fire Authorities
Schedule 2: The Terms of Reference of the RMB
Schedule 3: Functions of the RMB
Schedule 4: Support Services to the RMB and Panels
Schedule 5: Standing Orders
Schedule 6: Financial Regulations
Schedule 7: Costs and Expenses
THIS AGREEMENT is made this …………
day of …………….. 2004
The parties to this Agreement are
the Fire Authorities listed in Schedule 1 hereto (“the Constituent Fire
Authorities”).
PRELIMINARY
(a) The Constituent Fire Authorities, in the
interests of co-ordinating more effectively the formulation of policy in
relation to the action areas referred to in Schedule 2 and achieving greater
efficiency in the use of their resources have agreed to establish a joint
committee under sections 101 and 102 Local Government Act 1972; and to delegate
to the joint committee (subject to the exceptions and reservations set out in
this Agreement) the functions listed in Schedule 3; and to name the joint
committee the South East Fire and Rescue Services Regional Management Board.
(b) The functions of such of the Constituent
Fire Authorities as are County Fire Authorities (as set out in Schedule 1) are
the responsibility of the executive of those authorities under executive
arrangements adopted for the purposes of section 10 of the Local Government Act
2000 while the functions of such of the Constituent Fire Authorities as are
Combined Fire Authorities (as set out in Schedule 1) are the responsibility of
the Constituent Fire Authorities themselves. It is intended that the all the
Constituent Fire Authorities shall remain parties to this Agreement
notwithstanding any change to executive arrangements made after the date of
this Agreement.
IT IS HEREBY AGREED AS FOLLOWS:
1. CONSTITUTION
1.1 On 1st April 2004 there shall
be constituted under sections 101 and 102 of the Local Government Act 1972 a
joint committee to be called the South East Fire and Rescue Services Regional
Management Board (“the RMB”) for the purpose of discharging the functions as
set out in this Agreement.
2. DURATION
2.1 This Agreement shall continue until
terminated in whole or in part in accordance with the provisions of Clause 14
or by statute.
3. DEFINITIONS AND INTERPRETATION
3.1 In this Agreement:
“RMB” means the Regional Management
Board, the joint committee constituted in accordance with Clause 1.
“Clerk to the RMB” means the officer
appointed from time to time by the RMB in accordance with Clause 7.1 to carry
out the support services of Clerk set out in Schedule 4.
“Financial Officer”, means the
officer appointed from time to time by the RMB in accordance with Clause 7.1 to
carry out the support services of Financial Officer set out in Schedule 4.
“Legal Officer” means the officer
appointed from time to time by the RMB in accordance with Clause 7.1 to carry
out the support services of Legal Officer set out in Schedule 4.
“Financial
Regulations” means the Financial Regulations set out in Schedule 6 as may be
amended from time to time.
“Financial
Year” means a year commencing on 1 April and ending on 31 March
“Panel” means
a team of elected Members and/or Officers of the Constituent Fire Authorities
appointed by the RMB in accordance with Standing Orders to undertake (without
executive powers) tasks allocated by the RMB.
“Parties”
means the parties to this Agreement, that is the Constituent Fire Authorities
listed in Schedule 1.
“Standing
Orders” means the Standing Orders set out in Schedule 5 as may be amended from
time to time.
“Work
Programme” means the tasks to be undertaken on behalf of the RMB by one or more
Constituent Fire Authority in order to carry out the functions of the RMB
listed in Schedule 3.
3.2
The Schedules to this Agreement are
intended to form part of this Agreement.
3.3 Words importing the singular shall
include the plural and vice versa. Words importing any gender shall include
both genders. Words importing persons shall include bodies corporate, unincorporated
associations and partnerships.
3.4 Clause headings are inserted for ease of
reference only and shall not affect the interpretation of this Agreement.
3.5
A reference to any
statute or statutory provision includes a reference to all statutory instruments
or orders made pursuant to it and includes a reference to that statute,
statutory provision, instrument or order as amended, extended, re-enacted or
consolidated from time to time.
3.6
In the event of any
conflict between Clauses 1-17 and the Schedules to this Agreement, the
provisions of Clauses 1-17 shall prevail.
4. POWERS
4.1 This Agreement is made in pursuance of
arrangements under the Fire Service Acts 1947 and 1959; sections 101 and 102 of
the Local Government Act 1972; the Local Authorities (Goods and Services) Act
1970; sections 19 and 20 of the Local Government Act 2000; the Local
Authorities (Arrangements for the Discharge of Functions) (England) Regulations
2000 as amended and all other enabling powers.
5.
MEMBERSHIP AND STANDING ORDERS OF THE RMB
5.1 The RMB shall comprise
the nine Constituent Fire Authorities listed in Schedule 1 and each Constituent
Fire Authority shall appoint one of its members as its representative to the
RMB.
5.2 A Constituent Fire
Authority may nominate a substitute representative in accordance with any
requirements of Standing Orders.
5.3 In the exercise of its
functions, the RMB may arrange for work to be carried out by one or more of the
Constituent Fire Authorities or by Panels.
6. MEETINGS AND PROCEEDINGS OF THE RMB
6.1 The RMB shall hold a minimum of four
meetings each year, one of which shall be an annual general meeting.
6.2 Meetings and proceedings of the RMB and
Panels shall be conducted in accordance with Standing Orders and Financial
Regulations.
7. SUPPORT SERVICE FUNCTIONS
7.1 The RMB may appoint permanently or by
rotation one or more of the Constituent Fire Authorities or any suitable body
which in the opinion of the RMB is capable and qualified to provide the
appropriate services to discharge all or any of the Support Service functions
as set out in Schedule 4.
8. OBLIGATIONS OF THE RMB AND PANELS
8.1 The RMB shall discharge the functions set
out in Schedule 3 and in so doing shall act in the collective interests of the
Constituent Fire Authorities.
8.2 Panels shall undertake the tasks
allocated to them by the RMB and in so doing shall act in the collective
interests of the Constituent Fire Authorities.
8.3 The RMB shall make appropriate
arrangements to procure the audit of the annual accounts of the RMB and any
Panels at the end of each Financial
Year by an Auditor approved by the Audit Commission. Copies of audited
accounts shall be provided to the RMB and sent to each of the Constituent Fire
Authorities.
9. OBLIGATIONS OF CONSTITUENT FIRE AUTHORITIES
9.1 Each Constituent Fire Authority shall:
9.1.1
contribute to the agreed costs and
expenses of the RMB in accordance with the provisions of Clause 13 and Schedule
7
9.1.2 provide the RMB with such information as may
be required to carry out the functions of the RMB
9.1.3 give consideration to any recommendation of the RMB
9.1.4
use
its reasonable endeavours to carry out and complete any tasks agreed to be
undertaken by it as part of an approved Work Programme.
10. STAFF
10.1 The RMB may arrange the appointment of such
staff as it thinks necessary for the discharge of its functions, such staff
being by agreement employees of a Constituent Fire Authority or some other
suitable body.
11. ASSETS AND LIABILITIES
11.1 The assets and liabilities that vested in
the Constituent Fire Authorities prior to the Commencement Date shall continue
to so vest following the Commencement Date.
12. FINANCIAL ARRANGEMENTS
12.1 In October of each year (or such other date
as shall be agreed by the RMB) the RMB shall agree for the purposes of formal
consultation and approval by the Constituent Fire Authorities the draft
budget to include administration of the
RMB and the proposed Work Programme for the following Financial Year for each
of the Schedule 2 Action Areas.
12.2 The annual budget and Work Programme for
the following Financial Year shall be finalised and approved by the RMB in
December of each year (or such later date as shall be agreed by the RMB to
accommodate the formal approval processes of the Constituent Fire Authorities)
in accordance with the Financial Regulations and Schedule 7.
12.3 The annual budget
(including any contingency sum) in respect of any Schedule 2 Action Area shall
not be exceeded without the prior approval of all of the representatives of
those Constituent Fire Authorities who are present at the meeting at which the
proposal to exceed the budget is under consideration.
12.4 The RMB shall cause proper accounts to be
kept in respect of the functions discharged by the RMB and shall make all
accounts records and other documentation available for inspection by any
Constituent Fire Authority on request.
No later than 31 July 2005 and
31 July in each succeeding year or such other date as may be necessary
to meet the audit requirements of the Constituent Fire Authorities, a draft
statement of accounts for the preceding
Financial Year of the RMB and
its Panels shall be submitted to the RMB for approval.
12.5 Whenever any sum of money is recoverable by
the RMB, or payable by a Constituent Fire Authority to the RMB, it may be
deducted from any sum then due to that Constituent Fire Authority from the RMB
and vice versa.
12.6 The RMB shall cause to be maintained a
separate balance sheet in the name of the RMB in respect of all payments
received from the Constituent Fire Authorities, such payments to be held as
nominee for the Constituent Fire Authorities from which they have been
received.
13. COSTS AND EXPENSES
13.1 Should agreed costs and expenses be
incurred by the RMB in discharging its functions they shall be reimbursed by
the Constituent Fire Authorities in accordance with Financial Regulations and
the provisions of Schedule 7. For the avoidance of doubt, the consent of all
the Constituent Fire Authorities shall be required to change the basis on which
costs are apportioned between them.
13.2 Prior to the commencement of each
Financial Year or as soon as possible
after the commencement thereof, (unless otherwise agreed) any prospective costs
due from the Constituent Fire
Authorities under Clause 13.1 and Schedule 7 shall be notified to them by the
Financial Officer, such notification to include a breakdown of the sums payable
in respect of each of the Schedule 2 Action Areas (if applicable) and the date
or dates on which payment is due. Subject to the power (1) of the Financial
Officer to vary any such notifications as appears to him to be necessary or
desirable and (2) of the RMB to direct the Financial officer to adjust the
amounts and dates of payment, the Constituent Fire Authorities shall pay to the
RMB the sums notified on the dates notified to them by the Financial Officer.
13.3 Interest shall accrue at the rate of 2 per
cent above the base rate for the time being of HSBC plc on all amounts due to
the RMB under Clause 13.1 from the due date until the date of payment in full
inclusive.
13.4 In the event of any disagreement as to the
amount of costs and expenses to be borne by any Constituent Fire Authority
under Clause 13.1 and Schedule 7, the Constituent Fire Authority in dispute
shall, not later than four weeks after receipt of notification under Clause
13.2, or a date agreed with the Financial Officer, notify the Financial Officer
of the nature of the dispute and shall provide full supporting reasoning and
documentation as appropriate to the Financial Officer. The Financial Officer
and the Constituent Fire Authority shall thereafter use all reasonable
endeavours to resolve the dispute. In the event that the dispute remains
unresolved 8 weeks after receipt of notification under Clause 13.2 or a date
agreed with the Financial Officer, the matter may be referred by either party
to such independent CIPFA Accountant of not less than ten years’ standing as
the parties to the dispute shall agree or in the event of disagreement to be
appointed by the President of CIPFA. Any such independent CIPFA Accountant
shall be deemed to act as expert and not as arbitrator and his/her
determination shall, in the absence of manifest error, be binding on the RMB
and the Constituent Fire Authority. In the event that the dispute is resolved
at first instance by the Financial Officer, or by the CIPFA Accountant in
favour of the Constituent Fire Authority, interest shall not be payable on any
outstanding sums. In the event that the dispute is resolved in favour of the
RMB by the CIPFA Accountant, interest shall accrue on all outstanding payments
in accordance with Clause 13.3. The costs of dispute resolution hereunder shall
be met by the unsuccessful party.
14.1 The termination of this Agreement or any
part thereof, however caused, and the serving of notice to terminate shall be
without prejudice to any obligations or rights of any of the parties which have
accrued prior to such termination and shall not affect any provision of this
Agreement which is expressly or by implication provided to come into effect
after such termination.
14.2 Without prejudice to any other rights or
remedies, this Agreement or the relevant part thereof shall terminate on the
earlier of:
14.2.1 the unanimous agreement of all the
Constituent Fire Authorities;
14.2.2 where by reason of any change of law, or
other reason not attributable to the fault of the Constituent Fire Authorities,
they shall be unable to give effect to all of their obligations hereunder.
14.3 This Agreement may be terminated in respect
of any of the Schedule 2 Action Areas
if a majority of the Constituent Fire Authorities so resolve.
14.4 The RMB may terminate the participation of
a Constituent Fire Authority in the RMB by notice in writing if a majority of
the Constituent Fire Authorities so resolve on the occurrence of any of the
following events:
14.4.1 the Constituent Fire Authority has
materially breached any of the provisions of this Agreement and, in the case of
a breach capable of remedy, has failed to remedy the same within 28 days of
being notified of the breach by the Clerk and being required to remedy the
same; or
14.4.2 the inability of that Constituent Fire
Authority to give effect to its obligations hereunder by reason of any change
of law or other reason not attributable to its fault.
14.5 Participation in this Agreement may be
terminated by any Constituent Fire Authority either entirely or in respect of
all or any of the Schedule 2 Action Areas by that Constituent Fire Authority
giving at least six months notice in writing to the RMB to expire on 31 March.
14.6 In the event of termination under Clauses
14.3, 14.4 or 14.5, in addition to any outstanding subscriptions, the
Constituent Fire Authority shall pay to the RMB such sum (if any) as represents
the contribution to the capitalised value of that proportion of the continuing
and outstanding liabilities of the RMB which extend beyond such termination
which is properly attributable to that Constituent Fire Authority’s membership.
15. DISSOLUTION
15.1 In the event of the dissolution of the RMB,
the assets thereof, (after settlement of all outstanding debts, liabilities and
costs) or, if none, the liabilities thereof, shall be distributed amongst the
Constituent Fire Authorities by the RMB in proportion to the contributions of
each of the Constituent Fire Authorities taking into account the provisions of
Schedule 7.
16. GENERAL
16.1 Notices
All notices which are required to be given or received shall
be in writing addressed to the Clerk of the RMB or the Constituent Fire
Authority, as the case may be. Any such notice may be delivered personally or
by first class pre-paid letter or by facsimile transmission and shall be deemed
to have served if by personal delivery, when delivered, if by first class post,
48 hours after posting and if by facsimile transmission, on successful
transmission.
16.2 Continuing
Agreement
All provisions of this Agreement shall, so far as they are
capable of being performed and observed, continue in full force and effect
notwithstanding termination, except in respect of those matters then already
performed.
16.3 Good
Faith
Each of the Parties undertakes with each of the others to
act in good faith and to do all things reasonably within its powers which are
necessary or desirable to give effect to the spirit and intent of this
Agreement.
16.4 Variations
No variation to this Agreement shall be valid or effective
unless made by one or more instruments in writing signed by all the Parties.
16.5 Waiver
No failure to exercise and no delay in exercising on the
part of any of the Parties hereto any right, power or privilege hereunder shall
operate as a waiver thereof, nor shall any single or partial exercise of any
right, power or privilege preclude any other or further exercise thereof or the
exercise of any other right, power or privilege. The rights and remedies
provided in this Agreement are cumulative and not exclusive of any rights or
remedies unless otherwise provided by law.
16.6 Severability
Notwithstanding that any provision of this Agreement may
prove to be illegal or unenforceable, the remaining provisions of this
Agreement shall continue in full force and effect.
17. EXECUTION
17.1 This Agreement is executed by each Constituent Fire Authority arranging for the signing of the annexed Memorandum of Participation on behalf of that Constituent Fire Authority and such Memorandum of Participation shall be evidence of execution by that Constituent Fire Authority when Memoranda executed by all the Parties are incorporated into this Agreement.
-
Schedule 1 – Parties and Constituent Fire Authorities
The Constituent Fire Authorities of the RMB are set out (in
bold) below. The type of authority is
set out for the purpose of identifying the executive arrangement of the
Constituent Fire Authority. In the case
of County Fire Authorities the address of each County’s Fire and Rescue Service
is also included.
1. BUCKINGHAMSHIRE
FIRE AND RESCUE SERVICE:
[address in full] Of: [address in full]
[contact number:]
Type of Authority – County Fire Authority
2. EAST SUSSEX
FIRE AUTHORITY:
20
Upperton Road
Eastbourne
East Sussex BN21 1UE
Telephone:
01323-462050
Type of Authority – Combined Fire Authority
3. HAMPSHIRE FIRE
AND RESCUE AUTHORITY:
[address in full] [contact
number:]
Type of Authority – Combined Fire Authority
4. ISLE OF WIGHT
FIRE AND RESCUE SERVICE:
Isle of Wight County Council Of: [address in full]
[contact
number:]
Type of Authority – County Fire Authority
5. KENT &
MEDWAY TOWNS FIRE AUTHORITY:
Kent Fire & Rescue Service Headquarters
The Godlands
Straw Mill Hill
Tovil
Maidstone
Kent ME15 6XB
Telephone: 01622 692121
Type of Authority – Combined Fire Authority
6. OXFORDSHIRE
COUNTY COUNCIL:
[address in full] Of:
Oxfordshire Fire and Rescue Service
[contact
number:]
Type of Authority – County Fire Authority
7. ROYAL
BERKSHIRE FIRE AUTHORITY:
[address in full] [contact
number:]
Type of Authority – Combined Fire Authority
8.
SURREY COUNTY COUNCIL:
[address in full] Of:
Surrey Fire and Rescue Service
[contact
number:]
Type of Authority – County Fire Authority
9. WEST SUSSEX
FIRE AND RESCUE SERVICE:
West
Sussex County Council Of: Northgate
County
Hall Chichester
West
Street West
Sussex PO19 1BD
Chichester
West
Sussex PO19 1RQ
Telephone:
01243 786211
Type of Authority – County Fire Authority
1.
Interpretation of
Part 1
2.
Membership of the
Authority
3.
Place and Time of
Meetings
4.
Summons, Agenda and
Reports
5.
Circulation of Panel
Reports
6.
Substitutes
7.
Record of Attendances
8.
Interests of Members
9.
Admission of Public
and Press
10.
Motions Affecting
Employees
11.
No Smoking
12.
Appointment of
Chairman
13.
Minutes
14.
Suspension of
Standing Orders
15.
Adjournment of
Meeting
16.
Lack of Quorum
17.
Order of Business
18.
Relevance
19.
Points of Order or
Personal Explanation
20.
Motions and
Amendments
21.
Definition of
Amendment
22.
Disposal of
Amendments
23.
Variation of Motions
24.
Withdrawal of Motion
or Amendment
25.
Closure of Debate on
a Motion or Amendment
26.
Right of Reply
27.
Voting
28.
Questions of Which
Members Must Give Notice (Written Questions)
29.
Replies to Questions
30.
Supplementary
Questions
31.
Absence of Member Who
Has Given Notice
32.
Disorderly Conduct of
Member and Adjournment
33.
Disclosure of
Regional Management Board Business
34.
Financial Regulations
35.
Execution of
Documents
36.
Inspection of
Documents
37.
Inspection of Land
and Premises, Etc
38.
Standing Orders to be
Given to Members
39. Contracting Powers
40. Sale of Regional Management Board’s
Assets
41.
Appointment of Panels
42.
The Standing Orders
that Apply to Panels
(A) GENERAL
1. Interpretation of Part 1
1.1 In these
Standing Orders:
"RMB" means the joint
committee constituted under Section 102 of the Local Government Act 1972 by the
Constituent Fire Authorities with effect from 1st April 2004 and
called the South East Fire and Rescue Services Regional Management Board.
"Chairman" means the
Chairman of the RMB, or the person presiding at the meeting of the RMB.
“Constituent Fire Authorities” means
the Fire Authorities of Buckinghamshire, East Sussex, Hampshire, Isle of Wight,
Kent and Medway Towns, Oxfordshire, Berkshire, Surrey and West Sussex.
“Panel” means a team of members and/or
officers of the Constituent Fire Authorities without executive powers,
appointed by the RMB to undertake tasks allocated to the Panel by the RMB.
1.2
If there is any conflict between these
Standing Orders and the Local Government
(Access to Information) Act 1985 the Act shall prevail.
1.3
The
ruling of the Chairman as to the meaning or application of any of the Standing
Orders in Part 1 or as to any aspect of the RMB’s procedure (including the
order of business) shall be conclusive and shall not be challenged at any
meeting of the RMB nor open to discussion.
1.4
References
to the Clerk to the RMB, the Financial Officer and the Legal Officer shall
include such other named officers authorised by them to act on their behalf.
1.5 Words importing the singular shall
include the plural and vice versa. Words importing any gender shall include
both genders.
2. Membership of the Authority
2.1
Each
Constituent Fire Authority shall appoint one representative to be a member of
the RMB.
2.2
A
Constituent Fire Authority shall notify the Clerk to the RMB the name and
contact address of its representative and of any replacement
representative. Once notified, a member
shall continue to hold membership until his replacement is so notified.
3.
Place and Time of Meetings
3.1
Meetings of the RMB
shall be held at premises notified annually in advance, except when otherwise
agreed by the RMB.
3.2
In addition to any
extraordinary meetings called by the Chairman at his discretion or on the
requisition in writing of five members of the RMB, meetings will be held in
January, April (annual meeting), July and September (budget preparation
meeting) each year at times and on dates fixed at the annual meeting unless the
RMB decides otherwise.
3.3 Meetings of the RMB shall commence on a
weekday at I0.30 a.m. or such other reasonable time as may be determined by the
RMB or by the Chairman.
3.4 At the appointed time the proceedings at
a meeting of the RMB shall commence by the Chairman calling the RMB to order.
4.
Summons, Agenda and Reports
4.1
The
Clerk to the RMB (or an officer designated by him) shall send to members a
summons to attend a meeting of the RMB together with the minutes of the
preceding meeting and a printed agenda of the business to be transacted
normally at least 7 clear working days before the meeting and in any event not
less than 5 clear working days.
4.2
Want
of service of the summons on any member of the RMB shall not affect the
validity of the meeting.
4.3
The
agenda shall include a printed copy of any plans, strategies or reports of
Panels in all matters where a recommendation is to be made to the RMB for the
approval of the Constituent Fire Authorities to be sought.
4.4
All
recommendations which are submitted to the RMB, so far as practicable, shall be
set out clearly in the form of resolutions to be considered by the RMB.
5. Circulation of Panel Reports
5.1
After
consulting the Chairman of any relevant Panel, the Clerk to the RMB shall
settle on behalf of all Panels any reports from Panels to the RMB
(incorporating appropriate background material).
6. Substitutes
6.1
Substitute
members are permitted to attend a meeting of the RMB (and of a Panel).
6.2
If
a member is not able to attend a meeting, his Constituent Fire Authority may
give to the Clerk to the RMB notice in writing including the name of the member
to attend in his place. If possible notice
should be given by 4.00 p.m. on the day before the meeting and not later than
the start of the meeting.
6.3
A
member appointed as substitute shall have the same responsibilities and duties
as other members of the RMB.
7. Record of Attendances
7.1 Every member of the RMB attending a
meeting of the RMB shall sign the attendance book or sheet but any omission may
be rectified by the Clerk to the RMB.
8. Interests of Members
8.1 If any member,
under the Code of Conduct applicable to the Constituent Fire Authority which
he/she represents, has a personal interest in any matter then he shall declare
the interest and the reasons why it arises, at the earliest opportunity in the
meeting (which will usually be under the agenda item on members’ interests). If
that interest is also a prejudicial interest, while such matter is considered,
the member must withdraw from the meeting.
9. Admission of Public and Press
9.1 The public and press shall be admitted to
all the meetings of the RMB unless excluded by resolution in accordance with
the provisions of the Local Government Act 1972 as amended by the Local
Government (Access to Information) Act 1985.
9.2 The Chairman may give the Clerk to the
RMB directions as to arrangements for the admission of the public.
9.3 No tape or video recorders, transmitters,
microphones, cameras or other video recording equipment shall be brought into
or operated at meetings of the RMB unless the Chairman of the meeting gives
permission before the meeting. Mobile
phones are to be switched off while meetings of the RMB are in progress.
9.4 No member of the public shall interrupt
or take part in the proceedings at any meeting. If any member of the public interrupts or behaves in a disorderly
manner at any meeting, the Chairman may, after warning, order his removal from the room, or may order that the
part of the room open to the public shall be cleared.
9.5 The Chairman may at any time, if he
thinks it desirable in the interest of order, move that the meeting be
adjourned or suspended, and if the motion is carried, the meeting shall be
adjourned or suspended to a time to be determined by the members.
10. Motions Affecting Employees
10.1 If any question arises at a meeting of the
RMB as to the appointment, promotion, dismissal, salary, superannuation or
conditions of service, or as to the conduct or ability of any person employed
by a Constituent Fire Authority to carry out work on behalf of the RMB, a
motion to exclude the public and press shall be moved forthwith by the Chairman
and put without debate.
11. No Smoking
11.1 Smoking
shall not be permitted at meetings of the RMB.
12. Appointment of Chairman
12.1 The
RMB shall at the annual meeting appoint a Chairman from among its members as
the first business. The Chairman shall
remain in office until his successor is appointed.
12.2 Chairmanship shall rotate annually amongst
the Constituent Fire Authorities and a member shall not be eligible to be
re-appointed as Chairman until each of the Constituent Fire Authorities has
chaired the RMB through its appointed representative or declined the Chair.
12.3Should a member appointed to the
office of Chairman no longer be available during his term of office to
represent his Constituent Fire Authority for any reason, that authority’s
replacement representative shall take over the role of Chairman of the RMB for
the remaining term immediately upon notification of his appointment in
accordance with Standing Order 2.2. The Clerk to the RMB shall notify all
members of the change as soon as practicable.
12.4If the Chairman is absent from a
meeting, a Chairman for that meeting shall be appointed from those members
present at the meeting.
13. Minutes
13.1 The Chairman shall put the question
"that the RMB resolves to approve the signing of the minutes of the last
meeting of the RMB as a correct record".
13.2 No discussion shall take place upon the
minutes, except upon their accuracy, and any question of their accuracy shall
be raised by motion. If no such question is raised, or if it is raised then as
soon as it has been disposed of, the Chairman shall sign the minutes.
14. Suspension of Standing Orders
14.1
One
or more Standing Orders in Part 1 may only be suspended by the RMB if a motion
to do so is formally moved, seconded and put to the vote without discussion
when at least six members of the RMB are present.
14.2
Standing
Order 27.2 (indication in minutes of individual member) cannot be suspended.
15. Adjournment of Meeting
15.1 The Chairman may, in addition to any other
power, adjourn a meeting of the RMB for such period as he shall consider
expedient. The Chairman shall fix the
date and time at which the RMB will resume either at the time of the
adjournment or at any time thereafter.
15.2 Subject to Standing Order 15, if any
meeting of the RMB is adjourned before its business has been finished, the
meeting shall then stand adjourned until a date and time fixed by the RMB, or
fixed by the Chairman, or if no such date and time is fixed, to the next
ordinary meeting of the RMB.
16. Lack of Quorum
16.1 Five members of the RMB constitutes a quorum, except that when a
motion is moved to suspend Standing Orders there shall be present at least six
members of the RMB (Standing Order 14.1).
16.2 If during any meeting of the RMB the
Chairman, after the members present have been counted, declares that there is
not a quorum, the meeting shall stand adjourned until a date and time to be
fixed by the Chairman or if no such date and time is fixed to the next ordinary
meeting of the RMB.
16.3 A quorum found to be present under
Standing Order 16.1 at any meeting of the RMB shall be deemed to continue to be
present at the meeting until found otherwise under Standing Order 16.2.
17. Order of Business
17.1The order of business at a meeting of
the RMB shall be:
17.1.1
at
an annual meeting to appoint a Chairman of the RMB;
17.1.2
to
choose a person to preside if the Chairman of the RMB is not present;
17.1.3
where
necessary, to note changes in membership of the RMB;
17.1.4
members’
interests;
17.1.5
to
consider whether the minutes of the last meeting of the RMB are a correct
record;
17.1.6
to
deal with business specially brought forward by the Chairman as urgent;
17.1.7
to
deal with any business required by statute to be done at the meeting;
17.1.8
to
deal with business remaining from the last meeting, if any;
17.1.9
to
deal with written questions;
17.1.10 to
deal with other business specified in the summons.
(B)
RULES OF DEBATE
18. Relevance
18.1 A member shall direct his speech to the
question under discussion or to a personal explanation or to a point of order.
19. Points of Order or Personal Explanation
19.1 A member may at any time raise a point of
order and shall be heard immediately. A point of order shall relate only to an
alleged breach of a Standing Order or statutory provision and the member shall
first specify the Standing Order or statutory provision and the way in which
the member considers it has been broken.
19.2 A member may at any time raise a point of
personal explanation. A personal
explanation must be confined to some material part of a former speech by the
member at the same meeting of the RMB which has been misunderstood. A member so raising such a point shall be
entitled to be heard immediately.
20. Motions and Amendments
20.1 If a motion, referred to in the summons,
is not moved either by the member who has given the notice or by some other
member on his behalf, it shall be treated as abandoned and shall not be moved
without fresh notice, unless postponed by consent of the RMB.
20.2 A
motion or an amendment may be spoken to by the proposer, but shall not be
discussed unless it has been proposed and seconded. If the Chairman so requires, the motion shall be put in writing
and handed to the Clerk to the RMB.
20.3 A member, when seconding a motion or
amendment, may declare his intention of reserving his speech until a later
period of the debate.
20.4 Notwithstanding Standing Order 20.2, a
motion to adopt a report, or paragraphs of a report, need not be seconded.
21. Definition of Amendment
21.1An amendment shall be relevant to the
motion and shall be either:
21.1.1
to
leave out words; or
21.1.2
to
leave out words and insert or add other words; or
21.1.3
to
insert or add words but it shall not have the effect of introducing a new
proposal into, or negativing, the motion before the RMB.
22. Disposal of Amendments
22.1
Whenever
an amendment has been moved and seconded no other amendment shall be moved
until the first amendment has been disposed of; however, notice of any number
of amendments may be given. The
Chairman may rule that amendments moved on related subjects shall be debated
(but not voted on) together.
22.2 If an amendment is rejected, other
amendments may be moved on the original motion. If an amendment is carried, the
motion as amended shall take the place of the original motion, and become the
substantive motion upon which any further amendment may be moved.
23. Variation of Motions
23.1 A member who has given notice of a motion
may, with the consent of the seconder and of the Chairman signified without
discussion, vary its terms or language, provided that in so doing he does not
alter its substance.
24. Withdrawal of Motion or Amendment
24.1 A motion or amendment once moved and
seconded shall not be altered or withdrawn by the proposer without the consent
of the seconder and of the RMB, which shall be signified without discussion.
25. Closure of Debate on a Motion or
Amendment
25.1 A
member may at the conclusion of a speech by another member, move without
comment, "that the question is now put" or "that the debate is
now adjourned" or "that the meeting of the RMB now adjourns" on
the seconding of which the Chairman shall proceed as follows:
25.1.1 on a motion that the question is now put,
unless in his opinion the matter before the meeting has been insufficiently
discussed (in which case the Chairman may refuse to accept the motion), he
shall first put to the vote the motion that the question is now put. If it is
passed, the Chairman shall then call upon the proposer of the original motion
only to exercise his right of reply under Standing Order 26.
25.1.2 On a motion to adjourn the debate or the
meeting, if in his opinion the matter before the meeting has not been
sufficiently discussed and cannot reasonably be sufficiently discussed at that
meeting, the Chairman shall put the adjournment motion to the vote without
giving any right of reply on that occasion.
26. Right of Reply
26.1 A proposer of a motion shall have the right
of reply immediately before such motion is put to the vote. In exercising his right of reply a proposer
shall confine himself to answering previous speakers and shall not introduce
any new matter into the debate.
27. Voting
27.1 The RMB shall vote upon all matters
(except where statute otherwise provided) by show of hands, but on demand of
three members of the RMB, the names of the members present and their votes
shall be taken by the Clerk to the RMB and recorded in the minutes.
27.2
Where
immediately after a vote is taken at a meeting of the RMB any member requires,
the minutes of that meeting shall indicate whether that member voted for the
issue, against the issue or abstained from voting.
28. Questions of Which Members Must Give
Notice (Written Questions)
28.1 A member of the RMB who has given due
notice as provided by Standing Order 28.3 (five clear working days) when the
item on the summons relating to written questions is reached, may ask a
question of the Chairman or one or more of the Constituent Fire Authorities.
28.2 Questions may be on any matter in relation
to which the RMB have powers or duties and which is not ruled by the Chairman
to be irrelevant or inappropriate in form or of such a nature that the preparation
of the answer will require the expenditure of a disproportionate amount of
time, money or effort.
28.3 Notice of a question shall be in writing
and shall be given to the Clerk to the RMB at least five clear working days
before the meeting of the RMB at which the question is to be asked, but the
Chairman (after consultation with the relevant Constituent Fire Authorities to
whom the question is addressed) may allow this provision to be relaxed if, in
his opinion, it would facilitate the
proper conduct of the RMB’s business. This right is reserved to allow a written
answer to be given in complex cases after the relevant meeting of the RMB.
29. Replies to Questions
29.1 A copy of every question together with, so
far as it is practical, a copy of the answer to be given, shall be circulated
in the room before the meeting at which the question is to be asked to all
members of the RMB and the press unless motion under Standing Order 9.1 (to
exclude the public and press) is to be moved.
By consent of the RMB without discussion the member asking the question
shall have the right to ask that the question shall be answered orally.
29.2 In answering any question (written or
oral) it shall be deemed a sufficient reply if, where the desired information
is contained in a publication of the RMB or the relevant Constituent Fire
Authority, a reference is made to that publication and a copy of it is made
available to members of the RMB.
30. Supplementary Questions
30.1 Every question shall be put and answered
without discussion, but the Chairman may, at his discretion, allow the
questioner a supplementary question elucidating the answer.
31. Absence of Member Who Has Given Notice
31.1 If a member who has given notice of a
question is absent from the meeting at which the question is to be asked,
another member may ask the question.
32. Disorderly Conduct of Member and
Adjournment
32.1 If at a meeting any member, in the opinion
of the Chairman and named to the RMB, misconducts himself by persistently disregarding the ruling of
the Chairman, or by behaving irregularly, improperly, or offensively, or by
wilfully obstructing the business of the RMB, the Chairman or any other member
may move "that the member named should not be heard further" or that
the “member named shall leave the meeting”, and the motion as seconded shall be
put and determined without further discussion.
32.2
If
the member named continues the misconduct or obstruction after such motion or
in the event of general disturbance or repeated interruptions by a member of the
public which in the opinion of the Chairman renders the orderly dispatch of
business impossible, the Chairman may forthwith adjourn the meeting for such
period as he shall consider expedient.
33. Disclosure of RMB Business
33.1 All documents marked "confidential",
all documents marked "exempt/confidential", all documents and matters
which have been, or are intended to be, raised or discussed in the absence of
the press and public, and all discussions on those occasions, shall be treated as
confidential.
33.2 A member shall not disclose to any person
not being a member or an officer of the RMB any such business.
PART 2 - GENERAL
34. Financial Regulations
34.1 The Financial Regulations of the RMB shall
have the force and validity of Standing Orders.
35. Execution of Documents
35.1 Any document required to be signed by the
RMB shall with the prior written agreement of the Constituent Fire Authorities
be signed by an officer authorised for that purpose acting on behalf of the
RMB.
36. Inspection of Documents
36.1 A member of the RMB may, for the purposes
of his duty as such member but not
otherwise, on application to the Clerk to the RMB, inspect any document which
has been considered by a Panel or by the RMB, and if copies are available shall
on request be supplied for the like purposes with a copy of such a document.
36.2
A
member shall not knowingly inspect and shall not call for any document relating
to a matter in which he has a personal interest which is also a prejudicial
interest under his Constituent Fire Authority’s Code of Conduct.
36.3
This Standing Order shall not preclude the
Clerk to the RMB from declining to allow inspection of any document which is,
or in the event of legal proceedings would be, protected by privilege arising
from the relationship of solicitor and client.
36.4 All reports to the RMB shall be open for
the inspection of any member and the Clerk to the RMB shall send to any member
of the RMB who so requests all reports and papers (save those marked
“exempt/confidential”).
37. Inspection of Land and Premises, Etc.
37.1Unless specifically authorised to do
so by a Constituent Fire Authority, a member of the RMB shall not claim by
virtue of membership of the RMB any right to inspect or to enter upon any lands
or premises which any of the Constituent Fire Authorities have the power or
duty to inspect or enter.
38. Standing Orders to be given to Members
38.1 A copy of these Standing Orders shall be
given to each member upon appointment to the RMB.
39. Contracting
Powers
39.1 The RMB has no delegated powers to contract
and all contracts will, with the agreement of such of the Constituent Fire
Authorities as is appropriate, be in the name of a Constituent Fire Authority
authorised for the purpose. The
contracting Constituent Fire Authority shall comply with its own Standing
Orders relating to contracts.
40. Sale of RMB’s Assets
40.1 Assets surplus to the requirements of the
RMB shall be disposed of in a manner intended to ensure open market value is
realised in accordance with the RMB’s Financial Regulations. Any tendering
procedures adopted for disposal shall comply with the Standing Orders of the
Constituent Fire Authority authorised to arrange the disposal.
41. Appointment of Panels
41.1 The RMB may establish Panels to undertake
(without executive powers) tasks allocated by the RMB. The Panels shall
function as working groups/advisory bodies and not as sub-committees of the
RMB.
41.2 The RMB, after consultation with the
Constituent Fire Authorities, may determine the terms of reference and
membership of each Panel, which may comprise members of the RMB and officers of
the Constituent Fire Authorities. A
report on membership and terms of reference of Panels shall be made to the RMB.
41.3 The RMB may appoint from amongst its
members the Chairman of a Panel, but if it has not done so, the Panel shall
nominate a Chairman from amongst the member representatives on the Panel.
41.4 The RMB may at any time, after consultation
with the Constituent Fire Authorities as necessary, amend the terms of
reference and membership of any Panel.
41.5 No Panel may appoint a sub-panel to
discharge any of the tasks allocated to it by the RMB without the approval of
the RMB.
41.6 Each Panel set up under this Standing Order
shall continue to discharge the tasks allocated to it until the RMB otherwise
resolves.
41.7 Each person appointed as a member of such a
Panel and every person appointed to exercise other tasks in relation to a Panel
shall continue to act as such until such time as the appointment is terminated
by the RMB or that person resigns.
42. The Standing Orders that apply to Panels
42.1
The
following Standing Orders shall, with any necessary modification, apply to all
Panels:
42.1.1
Part
1 Standing Orders 1 (Interpretation), 5 (Circulation of Panel Reports), 6
(Substitutes), 7 (Record of Attendances), 8 (Interests of Members), 11
(Smoking), 32 (Disorderly Conduct), 33 (Disclosure of RMB Business).
42.1.2
Part
2 Standing Orders 34 – 38
42.1.3
Part
3 Standing Orders 39 – 40
42.1.4
Part
4 Standing Orders 41 – 42