Argyll and Bute Council Constitution - 10. Rules of debate

How motions and amendments are moved and decided on

  1. Every motion and amendment must be moved and seconded.  The terms of all motions and amendments will be stated immediately when they are proposed and before the Member speaks to the motion or amendment.  When a recommendation is on the papers before Members, preliminary discussion of the proposal is allowed. However it is open to the Provost at any time during that discussion to give three minutes warning that he requires any motion and amendments to be placed before him or the discussion will be brought to a close.  If the Provost decides, a motion or amendment will be written down, signed by the mover and seconder, and given to the Executive Director with responsibility for Legal and Regulatory Support Services who will read it to the meeting. (CS)
     
  2. When a motion and one amendment only are before the meeting a vote will be taken between the motion and the amendment and the proposal receiving a majority of the votes will become the decision of the Council. (CS)
     
  3. When a motion and two or more amendments are before the meeting, and if one of the proposals implies that no action or no immediate action be taken, a first vote will be taken between for and against “no action” or “no immediate action” as the case may be.  If the proposal for “no action” or “no immediate action” is carried it shall become the decision of the meeting.  If the proposal for “no action” or “no immediate action” is not carried a further vote will be taken amongst the remaining proposals as set out in 10.4 below. (CS) 
     
  4. When a motion and two or more amendments (none of which implies that no action or no immediate action be taken) are before the meeting, the vote will be taken on all the proposals, each Member having one vote. If a proposal receives the support of an overall majority of the Members taking part in the vote, that proposal will become the decision of the meeting.  In the event that none of the proposals receives the support of an overall majority of the Members voting, the proposal which has received the fewest votes will be dropped and a fresh vote will be taken on the remaining proposals and so on until one proposal has received the support of a majority of the Members voting.  That proposal will become the decision of the meeting.  In the event of the votes for two or more proposals being equal, the Provost will have a second or casting vote which s/he may use to decide which of them is to be dropped. (CS)
     
  5. Motions or amendments which are not seconded will not be discussed or recorded in the minutes.  Except when the vote is taken by roll call, any Member who has moved a motion or amendment and who is in a minority of one will, if she/he asks, have her/his dissent from the eventual decision recorded in the minutes. (CS)
     
  6. A motion or amendment may be withdrawn by the mover if her/his seconder and the Council agree.  Such a motion or amendment will not be inserted in the minutes. (CS)
     
  7. A motion for the approval of a report of or a minute of a Committee or Short Life Working Group will be considered as an original motion and any proposal involving alteration or rejection of the report or minute will be dealt with as an amendment.
     
  8. The Chairman of a Committee or short Life Working Group, if present, has the right to move approval of the report of or minute of that Committee.
     
  9. In respect of any item on a committee agenda marked as for noting only, then the only competent motion [other than to note] will be for the matter to be referred to the next meeting of the committee as a substantive item. If such a motion is put to the meeting there shall be no other procedure than a vote for or against the terms of the motion. If the motion is carried then it will stand referred if it is lost then the item is noted.

When a Member can speak and for how long

  1. It is open to the Provost at any time to rule that, due to pressure of business and the number of Members wishing to speak to an item, no Member who had already spoken may speak again except on a point of order. (CS)
     
  2. A Member moving or seconding a motion or amendment will not speak for more than three minutes unless the Provost allows more time.  Other Members will not speak for more than two minutes. (CS)
     
  3. The mover of an amendment and the mover of the original motion each have a right of reply, in that order, for not more than three minutes. (CS)
     
  4. When the mover of the original motion has replied, the Provost will close the debate, and no other Member will be allowed to speak. The Executive Director with responsibility for Legal and Regulatory Support Services or the Provost will announce the terms of the motion and amendment(s) and take the vote. (CS)
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