Part 16MOTION FOR REVOCATION

PART 16—MOTION FOR REVOCATION 16.1 “Substantive Resolution” Defined In this clause the term substantive resolution refers to a resolution which is the subject of a motion for revocation or change. 16.2 Revocation or Change The Council may, at the same meeting at which it is passed, revoke or change a resolution if all members of the Council who were present in the Council chamber at the time the resolution was passed are also present in the Council chamber at the time the revocation or change is proposed and that number of persons who are, in accordance with clause 16.4 required to support the motion, indicate their support by a show of hands. 16.3 Revocation or Change—Notice (1) If a revocation or change is to be moved at a subsequent meeting, notice of the motion to revoke or change must be given to the CEO at least 14 days before the meeting, and must be signed by the number of persons who are by the next succeeding subclause required to support the motion. (2) This subclause does not apply to the change of a substantive resolution unless the effect of the change would be that the substantive resolution would be revoked or would become substantially different. 16.4 Support For Revocation or Change (1) If a substantive resolution has been passed at a meeting then any motion to revoke or change the substantive resolution must be supported— (a) in the case where an attempt to revoke or change the substantive resolution has been made within the previous 3 months but has failed, by an absolute majority; or (b) in any other case, by at least 1/3 of the number of offices (whether vacant or not) of members of the Council, inclusive of the mover. Otherwise the motion shall not be entertained. (2) If a substantive resolution has been passed at a meeting then any resolution to revoke or change the substantive resolution must be passed— (a) in the case where the decision to be revoked or changed was required to be made by an absolute majority or by a special (75%) majority, by that majority; or (b) in any other case, by an absolute majority. (3) This subclause does not apply to the change of a substantive resolution unless the effect of the change would be that the substantive resolution would be revoked or would become substantially different. 16.5 Terms of and Reasons for Revocation or Change at the Same Meeting to be Stated When moving a motion of revocation or change at the same meeting at which the substantive resolution was passed, the member moving the revocation or change shall state in clear terms— (a) the terms of the motion of revocation or change identifying the substantive resolution proposed to be revoked or changed; and (b) the reason or reasons for seeking revocation or change, and the Mayor shall not accept a motion for revocation or change which does not comply with those requirements. 16.6 Terms and Reasons for Revocation at Subsequent Meeting to be Stated in Notice When giving notice of motion of revocation or change the member giving notice shall record in writing in clear terms— (a) the terms of the motion of revocation or change identifying the substantive resolution proposed to be revoked or changed; and (b) the reason or reasons for seeking the revocation or change. The CEO shall not accept a notice of motion of revocation or change which does not comply with the above mentioned requirements and is not supported in accordance with clause 16.4(1). 16.7 Written Notices Received During Same Meeting (1) If the CEO receives a written notice of motion to revoke or change a substantive resolution before the close of the meeting at which the substantive resolution was passed, then provided the notice complies with the preceding subclauses, the CEO shall forthwith deliver the notice to the Mayor who shall at the earliest opportunity notify the meeting of the notice, and thereafter at the first available opportunity the Mayor shall bring on the motion before the close of the meeting. (2) If the CEO receives a written notice of motion to revoke or change a substantive resolution after the closure of the meeting at which the substantive resolution was passed, then provided the notice complies with the preceding subclauses the CEO shall ensure that the motion is considered at a special or ordinary meeting of the Council held at the earliest opportunity after the meeting at which the substantive resolution was passed. 16.8 Delay in Implementing Substantive Resolution If a notice of motion to revoke or change a substantive resolution is received by the CEO before any step has been taken thereafter to implement the substantive resolution, then no step shall be taken to