Kent and Medway Fire and Rescue Authority Standing Orders

1. Preamble 

1.1  The Authority is constituted under the Kent Fire Services (Combination Scheme) Order 1997. The Order mandates that a maximum of 25 Members of the Authority should be appointed by the two constituent authorities, Kent County Council and Medway Council, proportional to their respective local government electorates. This results in 21 Members being appointed by Kent County Council and 4 by Medway Council.

1.2  Members of the Authority must adhere to the Authority’s Code of Conduct for Members and Members Handbook in the performance of their official duties for and on behalf of the Authority.

1.3  The Kent Police and Crime Commissioner (KPCC), is appointed as a Member of the Authority as set out in the Combined Fire and Rescue Authorities (Membership and Allowances) (Amendment) Regulations 2020. The KPCC is not subject to the rules of proportionality.

2. Organisation of the Authority 

2.1.  The Authority shall normally meet three times a year, but additional meetings may be held as the Authority decides. Meetings shall normally be held at the Authority’s Headquarters unless otherwise published. The programme of meetings shall be determined annually by the Authority.

2.2.  The Authority may appoint Committees to carry out any aspect of its business except that the decisions on the annual budget and the amount of council tax to be charged each year shall only be taken at a full meeting of the Authority.

2.3.  The Authority shall determine the size and political composition of its Committees and Panels, and Members shall be appointed to serve on these Committees and Panels by the Clerk, on the nomination of the appropriate political group(s).

2.4.  Committees shall decide the time, date and place of their meetings.

2.5.  Committees may not appoint Sub-Committees without the consent of the Authority.

2.6.  All matters relating to the appointment and terms and conditions of the employment of the Chief Executive and Directors (Gold Book Officers) shall be dealt with by a Senior Officer Appointment, Conditions and Conduct (SOACC) Committee, whose chair shall be the Chair of the Authority. Any allegation of gross misconduct by either the Chief Executive, a member of Corporate Management Board (including Section 151 Officer) or Monitoring Officer, shall be dealt with in accordance with the Senior Officer Misconduct Procedures (as amended or replaced from time to time) and by a Hearings Panel, whose chair will be the Vice-Chair of the Authority. The Panel will comprise of Members who have had no previous involvement with the case concerned and an Independent Person or legal advisor. The Members of the Hearings Panel will be decided in accordance with its Terms of Reference (as amended or replaced from time to time).

2.7.  Any appeal against a finding of gross misconduct by either the Chief Executive, a member of Corporate Management Board (including the Section 151 Officer) or Monitoring Officer, shall be dealt with by Members the SOACC Committee who have had no previous involvement with the case concerned. The chair shall be the Chair of the Authority in accordance with the Senior Officer Misconduct Procedures.

2.8.  The Chair and Vice-Chair of the Authority shall come from separate constituent Authorities.

2.9.  A vacancy in an office of Chair or Vice-Chair of the Authority or one of its Committees shall be filled at the next meeting of the body concerned.

2.10.  The Chair, or in his or her absence, the Vice-Chair, of the Authority shall preside at all full meetings of the Authority.

2.11.  Should there be a vacancy for both Chair and Vice-Chair of the Authority at the same time, the Chair of the Audit and Governance Committee shall fulfil the role of Chair of the Authority until the next full Authority meeting where the vacancies can be filled. 

2.12.  In the event of there not being a Chair and or Vice Chair of the Authority, the Chair and Vice Chair of Audit and Governance Committee will fulfil the roles of Chair of SOACC and Chair of Hearings Panel. 

2.13.  The Chair of the Authority and the Chair of the Audit and Governance Committee shall be from separate constituent authorities.

2.14.  If both the Chair and Vice-Chair are absent from a meeting of the Authority or any Committee or Panel, then a Chair for the meeting shall be elected from those Members present.

2.15.  The quorum for a full meeting of the Authority shall be one-third of the total number of Members, rounded up to the nearest whole number, and shall include at least one Member from each of the constituent authorities. The quorum for a meeting of a Committee shall be one half, and in the case of a Committee or Panel comprising an odd number, the nearest whole number above one half of the appointed Members.

2.16.  If both the Chair and Vice-Chair are absent from a meeting of the Authority or any Committee or Panel, then a Chair for the meeting shall be elected from those Members present.

2.17.  If during any meeting of the Authority there is no longer a quorum present the meeting will stand adjourned. The consideration of any business not transacted will be adjourned to a date and time fixed by the Chair at the time the meeting is adjourned or, if the Chair does not fix a time, to the next full meeting of the Authority, Committee or Panel, as appropriate.

2.18.  Any Member of the Authority may attend any meeting of a committee, except that a committee considering an item of business that is exempt because it relates to the personal affairs of an individual employee, or past or prospective employee, may resolve to exclude Members other than Members of that Committee.

2.19.  Members exercising their right to attend a meeting under these Standing Orders, shall not be entitled to vote and may speak only with the permission of the Chair.

2.20.  Members of Committees may appoint substitutes to attend Committee meetings in their place in accordance with a scheme approved by the Authority. Substitutes are not permitted at full Authority meetings.

2.21.  All full meetings of the Authority, its Committees and Panels shall be convened by the Clerk of the Authority or their representative, who shall issue the official documents for Members’ consideration. The documents shall normally be dispatched to Members at least five days before the meeting.

2.22.  Any Member of the Authority wishing to include an item on the agenda for a meeting must give notice of it to the Clerk of the Authority ten days before the meeting. Items must be relevant to the functions of the Authority.

2.23.  Business that is not specified in the agenda for a meeting may not be introduced without the consent of the Chair. Where the Chair decides that there are special circumstances, an item of business not included on the agenda may be considered as a matter of urgency as long as the reason is specified at the time and in the Minutes.

2.24.  All Members who attend a full meeting of the Authority, Committee or Panel shall sign their names in the attendance record for the meeting or otherwise ensure that their attendance is recorded by the Clerk of the Authority.

2.25.  Members must notify the Clerk of the Authority in advance if they are unable to attend a meeting of the Authority, its Committees and Panels, providing a reason for their absence.

2.26.  If a Member fails to attend two consecutive meetings, the matter will be referred to the Chair of the Authority for further action. If the Member is the Chair of the Authority, then the matter will be referred to the Vice Chair or in their absence [or inability to act] the Chief Executive.
 

3. Motions 

3.1.  All Motions and amendments to Motions intended for discussion at a meeting must be submitted in writing to the Clerk of the Authority no later than five days prior to the date of the meeting.

3.2.  Late Motions and amendments shall not be considered at the meeting unless the Chair, at their discretion, determines that the matter is of such urgency that it warrants immediate discussion.

3.3.  Motions and amendments to motions shall be formally proposed and seconded. They must be worded so that the meeting, if it agrees, can pass them as valid resolutions. If they are not, then the Chair shall rule them out of order.

a)  Motions shall be relevant to the item of business under discussion. The Chair may reject a Motion or amendments to a Motion if deemed inappropriate or unsuitable in form, vexatious, frivolous, disrespectful or offensive to the Authority. They must not seek to rescind in whole or in part any resolution passed within the previous six months.

b)  The Chair shall not be precluded from proposing a Motion nor the Chief Executive, Clerk or Treasurer from recommending decisions made necessary by changed circumstances since a previous decision was taken.

3.4.  If requested by the Chair, the proposer of a motion or amendment must give a written copy of it to the Clerk.

3.5.  A proposer may withdraw or change a motion or amendment, provided this is agreed by the seconder at the meeting and the meeting consents. A motion may not be withdrawn or changed while a proposed amendment is undecided.

3.6.  During the debate of a motion or amendment no other substantive motion may be put.

3.7.  No amendment shall be proceeded with:
a)    Unless it is relevant to, and consistent with, the motion on which it is moved.
b)    If it would result in the introduction of a new subject or subjects.
c)    If it would effectively negate the motion before the meeting
d)    If it would have the effect of rescinding a previous resolution
e)    If the proposer of the original motion has exercised his or her right of reply.

3.8.  If an amendment is rejected, further amendments may be proposed on the original motion.

3.9.  If an amendment is carried, it shall take the place of the original motion and become the substantive motion. This revised motion may be subject to proposals for further amendment provided that they do not revive the original motion.

3.10.  No further proposals for amendments shall be permitted if an amendment is already before the meeting but has not been dealt with.

3.11.  If an amendment is not carried, and there are no further amendments, the substantive motion shall be put to the meeting.

3.12.  Members shall speak no more than once on any report, motion or amendment unless invited to do so by the Chair or unless they wish to:
a)    Speak on a point of order, which is a suggestion that a provision of these standing orders or of the law governing the Authority’s proceedings is being breached.
b)    Make a personal explanation
c)    Propose or second, without further speaking, that the press and public be excluded from the meeting during consideration of the item of business.
d)    Exercise a right of reply. (Note: The right of reply does not give the proposer of a motion the right to speak more than once on each amendment).

3.13.  The seconder of a motion or an amendment may reserve their speech until later in the debate on that motion or amendment provided, they declare their intention to do so. This right lapses if not claimed before the reply by the proposer of the motion.

3.14.  The following shall apply:
a)    Any Member, except the proposer or seconder or a Member who has already spoken on a motion or amendment under consideration, may move that “the question now be put” or that consideration be deferred.
b)    No debate is permitted on a motion that “the question now be put”. Once proposed and seconded the Chair must put it to the vote immediately.
c)    If a motion that consideration be deferred is proposed and seconded, a Member who has seconded the motion or amendment under discussion and who has reserved their speech may speak; the proposer of the motion may then speak to the motion to defer. No other Member may speak and the Chair must then put the deferral motion to the vote.
d)    If a motion “that the question now be put” is carried, a Member who has seconded a motion or amendment under discussion but who has reserved his or her speech may speak; the proposer of the motion may then exercise his or her right of reply. No other Member may speak and the Chair must then put the motion or amendment to the vote.

3.15.  If a motion is amended, the proposer of the successful amendment shall not have a right of reply.

3.16.  A Member who proposes a motion shall have a right of reply at the end of the debate on each amendment and immediately before the motion is put to the vote. In exercising that right of reply, the Member may only comment on points made during the debate. (Note: The proposer of an amendment to a motion does not have a right of reply to the debate on the amendment).
 

4. Decisions and voting 

4.1.  A decision may be taken by consensus, the Chair stating their understanding of the consensus of the meeting. If any Member requests, the question shall be decided by a show of hands by a majority of voting Members present. Immediately after a vote has been taken any Member may ask that the way their voted shall be recorded in the Minutes. If one-third of the Members present so request, the way all Members voted shall be recorded.

4.2.  If the votes for and against are equal, the Chair shall have a second or casting vote.

4.3.  A member may require his opposition to a decision of the Authority or a Committee to be recorded in the minutes
 

5. Conduct at meetings 

5.1.  Members shall recognise the authority of the Chair for the conduct of the meeting.

5.2.  The Chair shall put the question that the minutes of the last meeting be approved as a correct record. No discussion shall take place upon the minutes except upon their accuracy and any question of their accuracy shall be raised by motion. Members shall address the Chair when speaking. Questions and comments must be relevant to the matter under discussion.

5.3.  The Chair may call a Member to order and direct them to stop speaking if the Chair considers that Member’s behaviour to be unacceptable.

5.4.  If a Member disregards the authority or ruling of the Chair, the Chair may propose “that the Member (named) leave the meeting”. The motion must be seconded by another Member and put to the vote without discussion. If it is carried, the named Member must immediately leave the room.

5.5.  No matter relating to a particular officer or employee of the Authority shall be discussed at a meeting of the Authority or a Committee until the meeting has decided whether or not to exclude the press and public under Section 100(A) of the Local Government Act 1972.

5.6.  Reporting on or recording of a public meeting of the Authority or Committee by members of the press or public is allowed, provided it is done in accordance with the Authority’s Regulations on the Rights of the Public to Report on Meetings (published on the Authority’s website).

5.7.  The Chair’s ruling on the interpretation and application of these Standing Orders at meetings is final. This includes a ruling on any point of order or explanation.

6. Public participation

6.1.  At an open meeting of the Authority and subject to the following paragraphs, questions may be asked, or statements made by any member of the public individuals, representatives of voluntary and other external organisations, including businesses.

6.2.  Up to fifteen minutes will be allowed in total for questions/statements and each person will be allowed a maximum of 3 minutes to speak.

6.3.  Speakers will be invited on a first come, first served basis.

6.4.  Anyone wishing to speak should make a request in writing to the Clerk no later than 12 noon, five days before the meeting, including their name and contact details and the details of any question or comment.

6.5.  All the questions and comments should be clear, concise and relevant to the agenda of the meeting. Only one question or comment may be allowed per speaker.

6.6.  The Chair may reject a question if deemed inappropriate or unsuitable in form, vexatious, frivolous, disrespectful or offensive to the Authority.

6.7.  The Authority or a Committee may, by resolution, exclude the Press and public from a meeting during an item of business upon a motion being made and seconded by the majority agreeing that their presence would likely reveal exempt information as defined in Section 100I of the Local Government Act 1972.

6.8.  If a member of the public interrupts a meeting, or otherwise behaves improperly or offensively, the Chair may, as he or she thinks fit, request that person to leave the meeting room and, if necessary, order their removal. In the event of a general disturbance, the Chair may direct that the public be excluded from the meeting room. Nobody so removed or excluded will be permitted to return to the meeting.

7. Interest

7.1.  Members must, within 28 days of being appointed to the Authority, register their interests with the Monitoring Officer in accordance with the requirements set out in the Authority’s Code of Conduct for Members.

7.2.  Where a Member is present at a meeting of the Authority or one of its Committees or Panels, and has a Disclosable Pecuniary Interest or Other Significant Interest in any matter being considered at that meeting, they must withdraw from the meeting room while the matter is being discussed or voted upon, unless:
a)    a dispensation for the Member concerned in respect of the interest is in effect
b)    the Member has only an Other Significant Interest in a matter and wishes to make representations, answer questions or give evidence on that matter at the meeting in accordance with the Code of Conduct.
 

8. Access to documents 

8.1.  No Member may disclose to a third party any Authority business or document which is exempt or confidential.

8.2.  Members have a right to see such documents as are reasonably necessary to enable them to carry out their duties as Members of the Authority on a “need to know” basis so long as they have no improper or extraneous intentions in so doing.

8.3.  Where a Member has asked to see any document and the request has been refused, they should seek advice on their right of access from the Clerk. If the matter cannot be resolved the Clerk will report [it] to the Authority.

8.4.  No Member shall ask to inspect any document which relates to a matter in which they have a personal or prejudicial interest.

9.    Validation of documents 

9.1.  The Common Seal of the Authority shall be affixed (and witnessed) to any document that requires to be sealed for the purpose of the transaction of the Authority’s business only if it has been authorised by resolution of the Authority, or by the exercise of a function delegated to the Chief Executive, Clerk or Treasurer of the Authority. The affixing of the Common Seal will be attested by the Chief Executive, Monitoring Officer, Clerk or Treasurer or some other person authorised by them, provided that in any transaction relating to land to which The Regulatory Reform (Execution of Deeds and Documents) Order 2005 applies, the Common Seal shall be attested by a Member of the Authority and an authorised signatory.

9.2.  The Chief Executive, Clerk or Treasurer or any other officer duly authorised in writing by them may sign any agreement or other document not required to be executed under Seal, provided the matter has been approved by the Authority or an employee exercising a function delegated to the Chief Executive, Clerk or Treasurer. 

9.3.  An entry of the sealing of every Deed and other document to which the Common Sea of the Authority l shall have been affixed shall be registered in a separate book to be provided for the purpose.

10.    Resignation and disqualification

10.1.   A member of the Authority may resign from the Authority by giving written notice to that effect, in electronic or paper form, to the Chair with a copy to the Clerk to the Authority. On receipt of a notice of resignation, the Clerk to the Authority will provide written notification to the Chief Executive of the appropriate constituent authority to enable a replacement appointment to be made in accordance with 10.2, 10.3 and 10.4.

10.2.  A member of the Authority who ceases to be a member of the constituent authority which appointed them shall cease to be a member of the Authority.

10.3.  Subject to sub-paragraph 10.4, if a member of the Authority resigns or ceases to be a Member of the Authority for any reason, before the expiry of their period of office, the constituent authority shall appoint a representative to replace them. The appointment of the replacement shall come into office on the date of their appointment and shall hold office for the remainder of the period for which their predecessor was appointed.

10.4.  If a member of the Authority resigns or ceases to be a member of the Authority for any reason, within six months before the end of their period of office, the constituent authority which appointed him shall not be required to appoint a replacement unless this results in the Authority being inquorate for its meetings.

11.    Suspension of standing orders

11.1.  The Authority or a Committee may suspend any of these Standing Orders relating to the procedure to be followed in considering any specific item of business; any such suspension to be the subject of a motion put to a formal vote of the body concerned.

Adopted by Resolution of the Authority on 15 December 1997 and amended by the Authority on 18th February 2026