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STANDING ORDERS AND CODE OF CONDUCT APPROVED BY MEMBERS OF
THE KENT & ESSEX IFCA 24 MAY 2011

Membership:

(a) The Kent and Essex IFCA is comprised of 21 members of whom nine must be
members of the relevant Councils as set out below:

Relevant Council Number of Members
Essex County Council 3
Kent County Council 3
Medway Council 1
Southend on Sea Borough Council 1
Thurrock Council 1

(b) 10 members must be persons appointed by the Marine Management
Organisation (MMO) and must include at least 1 employee of the MMO.

(c) One of the additional members is to be appointed by the Environment Agency
and the other by Natural England.

(d) In relation to MMO appointed members the term of office for Members will initially
be for a period of 4 years, with the possibility of reappointment up to a maximum
of 10 years, subject to annual written confirmation from the IFCA
Chairman/’appointed officer’, or MMO officer, in the case of the Chairman of
satisfactory performance.

(e) In relation to the Natural England and Environment Agency representatives,
there is no specific term of appointment.

(f) In relation to Local Authority members the term of office will initially be for a
period of 4 years with the possibility of reappointment for subsequent 4 year
terms. There is no limit placed upon the total number of years an individual local
authority member may be appointed.

(g) A person may resign as a Member of the Authority by giving notice in writing in
accordance with paragraph 9 of the Kent and Essex Inshore Fisheries and
Conservation Authority Conservation Order 2010.

(h) In the event of a Member not attending 3 consecutive meetings the Authority
shall notify the appointing Authority/Organisation.

Meetings

1. All meetings of the Authority will be held at such places as the Clerk, with the
approval of the Chairman, may arrange.

2. The Authority will hold four quarterly meetings each year. .

3. The Clerk shall, upon the request of the Chairman, or upon a requisition in writing
signed by any five members of the Authority, call a special meeting of the
Authority.

4. All meetings will be open to the public, except during consideration of items
containing confidential information, or exempt information within the meaning of
the Local Government Act 1972.

Notice of Meetings

5. Notice of every meeting, whether general or special, shall be sent either
electronically or through the post to each member at least five clear working days
before the date of the meeting. Every notice of the meeting shall state the place,
day and time of the meeting and the business to be transacted.

Quorum

6. The quorum for meetings of the Authority shall be 6, including at least one Local
Authority Members and one general member.

Minutes

7. The minutes of the proceedings of each meeting shall be duly entered by the
Clerk in a book kept for that purpose.

Attendance Register

8. All Members attending any meeting shall sign an attendance register.

Chairman and Vice Chairman

9. The Authority will appoint a Chairman and Vice Chairman at the first meeting
held after the beginning of each financial year. There is no limit to the number of
times a Member can be reappointed as Chairman or Vice Chairman.

10. If the Chairman is elected from one of the Constituent Local Councils the Vice
Chairman shall be elected from the general members and vice versa.

11. At every meeting of the Authority the Chairman, if present, shall take the Chair. If
the Chairman is absent or conflicted, the Vice-Chairman, if present, shall be
Chairman. If both are absent or conflicted, the Authority shall by resolution
choose one of the remaining members to be Chairman for that meeting only.

12. The Chairman of any meeting shall have, in the case of equality of votes, a
second or casting vote, subject to the rights of Local Authority appointed
Members to veto the budget proposals.

13. The Chairman or Vice Chairman may resign their positions at any time, by giving
written notice to the Clerk.

Substitutes

14. In relation to MMO appointed members no substitutes will be allowed for
meetings of the authority.

15. In relation to Local Authority appointed members substitute members are
permitted to attend meetings of the authority with full voting rights. Any
substitute Members should be notified to the Clerk no later than 48 hours prior to
the meeting.

16. In relation to Members appointed by Natural England, the Environment Agency
and the employee Members(s) appointed by the MMO, substitutes may attend
meetings of the Authority with full voting rights in exceptional circumstances such
as illness or other serious matter. Any substitute Members should be notified to
the Clerk no later than 48 hours prior to the meeting. The Authority expects that
any substitute members from these Agencies will be at an appropriate senior
level within the organisation and have sufficient authority to make whatever
decisions that the appointed member may make.

Order of Business

17. After confirmation of the minutes of the previous meeting, the business to be
conducted at any meeting will be dealt with in the order set out on the agenda, in
accordance with the Authority’s terms of reference (Appendix 1). The Chairman
shall be authorised to vary the order of business in order to give precedence to
any urgent matter or for other reason.

18. Any Member of the Authority may submit a request for an agenda item by giving
notice in writing to the Clerk at least 10 clear working days before the meeting,
unless Standing Order No. 23 applies.

Voting

19. The voting on general questions shall be ascertained by a show of hands, the
Clerk ascertaining the numbers voting for and against any motion or amendment 4

and declaring the result accordingly. Any member may ask for his/her or her vote
or their abstention to be recorded in the minutes.

20. Two or more members may ask for a formal recorded vote of the whole Authority.
If a recorded vote is requested the Clerk shall take the recorded vote by calling
the names of the members and recording their answers and, in all cases when a
recorded vote is taken, recorded vote lists shall be recorded in the minutes.

21. At the meeting where the budget of the Authority is set for the following financial
year all Members of the Authority may discuss and vote on the budget. However
in accordance with Section 180 (4) of the Marine and Coastal Access Act 2009
the total amount of the Authority’s expenses for any particularly financial year
may be vetoed by a vote of those members of the Authority who are Members of
a relevant Council.

22. Once the budget has been set for a particular financial year all Members of the
Authority may vote on how the total budget is spent.

Resolutions

23. No resolution previously agreed to by the Authority shall be altered or rescinded
within six months of the original decision, unless notice of the same stating the
precise nature of the proposed alterations or cause for its rescission have been
given by the Chairman or at least 6 Members of the Authority in the notice calling
the meeting.

Technical Panels

24. The Authority may appoint Technical Panels to make recommendations to the
Authority on any matter within the Authority’s powers. The quorum for any
Technical Panel shall be at least one third of the total number of Members
appointed to that Technical Panel.

25. Technical Panels may choose to involve non IFCA Members in their
deliberations.

26. All Technical Panel Meetings are open to the public unless they are discussing
exempt or confidential business within the meaning of Schedule 12 (A) of the
Local Government Act 1972.

Public Participation

27. Members of the Public and Non Authority members may speak at meetings for a
reasonable time on any agenda item or other matter within the purview of the
Authority, subject to the approval and under the direction of the Chairman.
Notice of request to speak should be received by the Clerk in writing at least 48
hours before the date and time of the meeting.

Urgent Action

28. The Chief Fishery Officer in consultation with the Clerk, the Chairman and the
Vice Chairman of the Authority are authorised to deal with issues of urgency
requiring decisions outside the normal cycle of the Authority meetings in
circumstances where it is impracticable to call a special meeting of the Authority.

29. In all urgent matters affecting the finances of the Authority, the IFCA Financial
Adviser must be consulted and his advice considered by the Chief Fisheries
Officer before authorising the urgent action.

30. Any action taken under Standing Order 36 must be reported to the IFCA for
ratification at the next ordinary meeting.

Suspension

31. Standing Orders may be suspended at any time by a vote of the majority of the
Authority present at any meeting.

Code of Conduct

32. All members of the Authority must comply with the Authority’s Code of Conduct
attached (Appendix 2). The Clerk to the Authority shall be responsible for
training all members on their responsibilities under the Code of Conduct.

33. The Clerk to the Authority will investigate any alleged breach of the Code of
Conduct by any member of the Authority and make recommendations to the
Chairman in relation to any appropriate action. If the alleged breach of the Code
of Conduct involves the Chairman of the Authority the Clerk shall be required to
make recommendations to the Authority in relation to any appropriate action.

Officers

34. The duties of the Chief Fishery Officer and the Clerk to the Authority are set out
in Appendix 3.

 

 

The full document containing the Annex and Appendices can be downloaded here