Meetings

1 Meetings of the Town Council shall usually be held at the Town Council Offices at seven o’clock in the evening on dates as the Town Council may direct. Smoking is not permitted at any meeting of the Town Council.

The Statutory Annual Meeting

2. (a) The Statutory Annual Meeting in an election year shall be held on the Wednesday next following the fourth day after the ordinary day of elections to the Town Council or within 14 days following the day on which the councillors elected take office and (b) In a year which is not an election year the Annual Town Council Meeting shall be held on the second Wednesday in May.

3. In addition to the Statutory Annual Town Council Meeting at least three other statutory meetings shall be held in each year on such dates and times and at such a place as the Town Council may direct.

Chairman of the Meeting

4. (a) The person presiding at a meeting may exercise all the powers and duties of the Chairman in relation to the conduct of the Meeting. (b) In these Standing Orders the word “Chairman” includes “Town Mayor” and “Vice-Chairman” includes “Deputy Town Mayor”.

Proper Officer

5. Where a statute, regulation or order confers function or duties on the Proper Officer of the Town Council in the following cases, he shall be the Town Clerk or nominated officer:- (a) To receive declarations of acceptance of office.(b) To receive and record notices disclosing interests at meeting.(c) To receive and retain plans and documents.(d) To sign notices or other documents on behalf of the Council.(e) To receive copies of bylaws made by another local authority.(f) To certify copies of bylaws made by the Town Council.(g) To sign and issue the summons to attend meetings of the Town Council.(h) To keep proper records for all Town Council meetings. In any other case the proper officer shall be the person nominated by the Town Council and, in default of nomination, the Town Clerk.

Quorum of the Council

6. Five members or one-third of the total membership, whichever is the greater, shall constitute a quorum at meetings of the Town Council.

7. If a quorum is not present when the Town Council meets or if during a meeting the number of Councillors present and not debarred by reason of a declared interest falls below the quorum, the business not transacted at that meeting shall be transacted at the next meeting or on such other day as the Chairman may fix.

8. For a quorum relating to a committee or sub-committee, please refer to standing order 48.

Voting

9. Members shall vote by shows of hands in a clear manner so that the Town Clerk and Chairman are able to count votes or, if at least two members so request, by signed ballot.

10. If a member so requires, the Town Clerk shall record the names of the members who voted on any questions so as to show whether they voted for or against it. Such a request must be made before voting.

11. (1) Subject to (2) and (3) below the Chairman may give an original vote on any matter put to the vote, and in any case of an equality of votes may give a casting vote whether or not he gave an original vote. (2) If the person presiding at the annual meeting would have ceased to be a member of the Town Council but for the statutory provisions which preserve the membership of the Chairman and Vice-Chairman until the end of their term of office he may not give an original vote an election for Chairman. (3) The person presiding must give a casting vote whenever there is an equality of votes in an election for Chairman.

Order of Business

(In an election year Councillors should execute Declarations of Acceptance of Office in each others presence, or in the presence of a proper officer previously authorised by the Town Council to take such declaration, before the annual meeting commences).

12. At each Annual Town Council Meeting the first business shall be:- a) To elect a Town Mayor of the Town Council b) To receive the Mayor’s declaration of acceptance of office or, if not then received, to decide when it shall be received. c) In the ordinary year of election of the Town Council to fill any vacancies left unfilled at the election by reason of insufficient nominations. d) To decide when any declarations of acceptance of office and written undertakings to observe the code of conduct adopted by the Town Council which have not been received as provided by law, shall be received. e) To elect a Deputy Town Mayor of the Town Council. f) To receive declarations of interest. g) To appoint representatives to outside bodies and school governors. h) To appoint the three standing committees (Operations and Services, Planning, Consultation and Strategy and Best Value) and any sub-committees. i) To consider the payment of any subscriptions falling to be paid annually. j) To inspect any deeds and trust investments in the custody of the Town Council as required; and shall thereafter follow the order set out in the Standing Order 13.

13. At every meeting other than the Annual Town Council Meeting the first business shall be to appoint a Chairman if the Chairman and Vice-Chairman be absent and to receive such declarations of acceptance of office (if any) and undertaking to observe the Town Council’s code of conduct as are required by law to be made or, if not then received, to decide when they shall be received.

14. In every year, not later than the meeting at which the estimates for next year are settled, the Town Council shall review the pay and conditions of service of existing employees. Standing Order 38 must be read in conjunction with this requirement.

15. After the first business has been completed, the order of business, unless the Town Council otherwise decides on the ground of urgency, shall be as follows:- a) To read and consider the Minutes; provided that if a copy has been circulated to each member not later than the day of issue of the summons to attend the meeting, the Minutes may be taken as read. b) After consideration to approve the signature of the Minutes by the person presiding as a correct record. c) To deal with business expressly required by statute to be done. d) To dispose of business, if any, remaining from the last meeting. e) To receive such communications as the person presiding may wish to lay before the Town Council. f) To answer questions from Councillors pursuant to Standing Order 24 (below). g) To answer questions from members of the public pursuant to Standing Order 24 (a) (below). h) To receive and consider reports and minutes of committees. i) To receive and consider resolutions or recommendations in the order in which they have been notified. j) To receive and consider reports and minutes of working parties. k) To receive and consider reports from officers of the Town Council. l) To authorise the signing of documents. m) If necessary, to authorise the signing of orders for payment. n) Any other business specified in the summons.

16. A motion to vary the order of business on the ground of urgency a) may be proposed by the Chairman or by any member and, if proposed by the Chairman, may be put to the vote without being seconded, and b) shall be put to the vote without discussion.

Resolutions Moved on Notice

17. Except as provided by these Standing Orders, no resolution may be moved unless the business to which it relates has been put on the Agenda by the Town Clerk or the mover has given notice in writing of its terms and has delivered the notice to the Town Clerk at least five clear working days before the next meeting of the Town Council.

18. The Town Clerk shall date every notice of resolution or recommendation when received by him, shall number each notice in the order in which it was received and shall enter it in a book which shall be open to the inspection of every member of the Town Council.

19. The Town Clerk shall insert in the summons for every meeting all notices of motion or recommendation properly given in the order in which they have been received unless the member giving a notice of motion has stated in writing that he intends to move at some later meeting or that he withdraws it.

20. If a resolution or recommendation specified in the summons is not moved either by the member who gave notice of it or by any other member, it shall, unless postponed by the Town Council, be treated as withdrawn and shall not be moved without fresh notice.

21. If the subject matter of a resolution comes with the province of a committee of the Town Council, it shall, upon being moved and seconded, stand referred without discussion to such committee or to such other committee as the Town Council may determine for report; provided that the Chairman, if he considers it to be a matter of urgency, may allow it to be dealt with at the meeting at which it was moved.

22. Every resolution or recommendation shall be relevant to some subject over which the Town Council has power or duties or where there is a public interest which affects its area.

Resultions Moved Without Notice

23. Resolutions dealing with the following matters may be moved without notice:- a) To appoint a Chairman of the meeting.b) To correct the Minutes.c) To approve the Minutes.d) To alter the order of business.e) To proceed to the next business.f) To close or adjourn the debate.g) To refer a matter to a committee.h) To appoint a committee or any members thereof.i) To adopt a report.j) To authorise the sealing of a document.k) To amend a motion.l) To give leave to withdraw a resolution or amendment.m) To extend the time limit for speeches.n) To exclude the press and the public. (See Order 67 below)o) To silence or eject from the meeting a member named for misconduct. (See Order 33 below)p) To give the consent of the Town Council where it is required by these Standing Orders.q) To suspend any Standing Order. (See Order 79 below)r) To adjourn the meeting.

Questions

24. A member may ask the Chairman of the Town Council or an officer of the Town Council any question concerning the business of the Town Council, provided notice of the question has been given in writing by noon on the day of the meeting either to the person to whom it is addressed or to the Town Clerk. 24a. Members of the public may ask questions at a Full Council meeting by approaching the Chairman or Clerk of the meeting, each member of the public will have a limit of three minutes to speak and in addition to this all public involvement will be strictly governed by the guidance set down in the document ‘Asking Questions at a Council Meeting’.

25. No questions not connected with business under discussion shall be asked except during the part of the meeting set aside for questions under Standing Order 24 and 24a (above). 2

26. Every question shall be put and answered without discussion.

27. A person to whom a question has been put may decline to answer and in such circumstances the reason for this shall, if not given at the meeting, be given in writing to the member asking the question not later than seven days before the next following ordinary meeting of the Town Council.

Rules of Debate

28. No discussion shall take place upon the Minutes except upon their accuracy. Corrections to the Minutes shall be made by resolution and must be initialled by the Chairman.

29. a) A resolution or amendment shall not be discussed unless it has been proposed and seconded and, unless proper notice has already been given, it shall, if required by the Chairman, be reduced to writing and handed to him before it is further discussed or put to the meeting. b) A member when seconding a resolution or amendment may, if he then declares his intention to do so, reserve his speech until a later period of the debate. c) A member shall direct his speech to the question under discussion or to a personal explanation or to a question of order. d) No speech by a mover of a resolution shall exceed five minutes and no other speech shall exceed five minutes except by the consent of the Town Council. e) An amendment shall be either:-i) To leave out words.ii) To leave out words and insert others.iii) To insert or add words. f) An amendment shall not have the effect of negating the resolution before the Town Council. g) If an amendment be carried, the resolution, as amended, shall take the place of the original resolution and shall become the resolution upon which any further amendment may be moved. h) A further amendment shall not be moved until the Town Council has disposed of every amendment previously moved. i) The mover of a resolution or of an amendment shall have a right of reply, not exceeding three minutes. j) A member, other than a mover of a resolution, shall not, without leave of the Town Council, speak more than once on any resolution except to move an amendment, or on an amendment, or on a point of order, or in personal explanation, or to move a closure. k) A member may speak on a point of order or a personal explanation. A member speaking for these purposes shall be heard forthwith. A personal explanation shall be confined to some material part of a former speech by him which may have been misunderstood. l) A motion or amendment may be withdrawn by the proposer with the consent of the Town Council, which shall be signified without discussion, and no member may speak upon it after permission has been asked for its withdrawal unless such permission has been refused. m) When a resolution is under debate no other resolution shall be moved except the following:- i) To amend the resolution.ii) To proceed to the next business.iii) To adjourn the debate.iv) That the question be now put.v) That a member named be not further heard.vi) That a member named do leave the meeting.vii) That the resolution be referred to a committee.viii) To exclude the public and press.ix) To adjourn the meeting.

30. A member shall stand to speak at all Town Council meetings, but may remain seated at Committee meetings unless requested to stand by the Chairman.

31. a) The ruling of the Chairman on a point of order or on the admissibility of a personal explanation shall not be discussed. b) Members shall address the Chairman. If two or more members wish to speak, the Chairman shall decide who to call upon. c) Whenever the Chairman speaks during a debate all other members shall be silent.

Closure

32. At the end of any speech a member may, without comment, move “that the question be now put”, “that the debate be now adjourned” or “that the Town Council do now adjourn”. If such motion is seconded, the Chairman shall put the motion but, in the case of a motion “that the question be now put”, only if he is of the opinion that the question before the Town Council has been sufficiently debated. If the motion “that the question be now put” is carried, he shall call upon the mover to exercise or waive his right of reply and shall put the question immediately after the right has been exercised or waived. The adjournment of a debate or of the Town Council shall not prejudice the mover’s right of reply at the resumption.

Disorderly Conduct

33. a) All members must observe the Code of Conduct which was adopted by the Town Council on 16^th May 2007, a copy of which is available for inspection. b) No member shall at a meeting persistently disregard the ruling of the Chairman, wilfully obstruct the business, or behave irregularly, offensively, improperly or in such a manner as to bring the Town Council into disrepute. c) If, in the opinion of the Chairman, a member has acted in a manner contrary to that required, the Chairman shall express that opinion to the Town Council and thereafter any member may move that the member named be no longer heard or that the member named do leave the meeting, and the motion, if seconded, shall be put to the meeting forthwith and without discussion. If a member reasonably believes another member is in breach of the code of conduct, that member is under a duty to report the breach to the Standards Board of England. d) If the motion mentioned in paragraph (c) is disobeyed, the Chairman may adjourn the meeting or take such further steps as mat reasonably be necessary to enforce them.

Right of Reply

34. The mover of a resolution shall have a right to reply immediately before the resolution is put to the vote. If an amendment is proposed the mover of the amendment shall be entitled to reply immediately before the amendment is put to the vote. A member exercising a right of reply shall not introduce a new matter. After the right of reply has been exercised or waived, a vote shall be taken without further discussion.

Alteration

35. A member may, with the consent of his seconder, move amendments to his own resolution.

Recission of Previous Resolution

36. a) A decision (whether affirmative or negative) of the Town Council shall not be reversed within six months except either by a special resolution, the written notice whereof bears the names of at least five members of the Town Council, or by a resolution moved in pursuance of the report or recommendation of a committee; or where the Town Council or one of its Committees is acting as a consultee and further information on that consultation has become known since the resolution was made. b) When a special resolution or any other resolution moved under the provisions of paragraph (a) of this Order has been disposed of, no similar resolution may be moved within a further six months.

Voting on Appointments

37. Where more than two persons have been nominated for any position to be filled by the Town Council and of the votes given there is not an absolute majority in favour of one person, the name of the person having the least number of votes shall be struck off the list and a fresh vote taken, and so on until a majority of votes is given in favour of one person.

Discussions and Resolutions Affecting Employees of the Town Council

38. If at a meeting there arises any question relating to the appointment, conduct, promotion, dismissal, salary or conditions of service, of any person employed by the Town Council, it shall not be considered until the Town Council or committee (as the case may be) has decided whether or not the press or public shall be excluded (see Standing Order No. 67).

Resolutions on Expenditure

39. Any resolution which is moved, otherwise than in pursuance of a recommendation of the Operations and Services Committee or of another committee after recommendation by the Operations and Services Committee which, if carried, would, in the opinion of the Chairman, substantially increase the expenditure upon any service which is under the management of or reduce the revenue at the disposal of any committee, or which would involve capital expenditure, shall, when proposed and seconded, stand adjourned without discussion to the next ordinary meeting of the Town Council, and any committee affected by it shall consider whether it desires to report thereon and the Operations and Services Committee shall report on the financial aspect of the matters.

Expenditure

40. Orders for the payment of money shall be authorised by resolution of the Town Council and signed by two members of the Town Council and the Town Clerk or other authorised signatory.

Signing Off Documents

41. a) A document shall not be signed on behalf of the Town Council unless its signing has been authorised by a resolution. b) Any two members of the Town Council named in a resolution moved under the provisions of paragraph (a) of this Order may sign, on behalf of the Town Council, any documents required by law to be issued under signature.

Committees and Sub-Committees

42. The Town Council may at its Annual Town Council Meeting appoint standing committees and may at any other time appoint such other committees as are necessary, but subject to any statutory provision in that behalf:- a) Shall not appoint any member of a committee so as to hold office later than the next Annual Meeting. b) May appoint persons other than a member of the Town Council to any Committee; and c) May subject to the provisions of Order 36 (above) at any time dissolve or alter the membership of committee or remove or alter the terms of reference or delegated powers of a committee.

43. A Group Leader (i.e. the leader of a political party as notified to the Town Clerk) may appoint a substitute to attend any Committee meeting in place of a Member from whom apologies for absence have been received.

44. Every committee shall at its first meeting before proceeding to any other business, elect a Chairman and may elect a Vice-Chairman who shall hold office until the next Annual Meeting of the Town Council, and shall settle its programme of meetings for the year.

Special Meeting

45. The Chairman of a committee or the Town Mayor of the Town Council may summon an additional meeting of that committee at anytime. An additional meeting shall also be summoned on the requisition in writing of not less than a quarter of the members of the committee. The summons shall set out the business to be considered at the special meeting and no other business shall be transacted at that meeting.

Sub-Committees

46. Every committee may appoint sub-committees for purposes to be specified by the committee.

47. The Chairman and Vice-Chairman of the committee shall be members of every sub-committee appointed by it unless they signify that they do not wish to serve.

48. Except where ordered by the Town Council in the case of a committee, or by the Town Council or by the appropriate committee in the case of a sub-committee, the quorum of a committee or sub-committee shall be one-half of its members.

49. The Standing Orders on rules of debate (except those parts relating to standing and to speaking more than once) and the Standing Order on interests of members in contracts and other matters shall apply to committee and sub-committee meetings.

Advisory Committees

50. 1) The Town Council may create advisory committees, whose name, and number and the bodies to be invited to nominate members shall be specified. 2) The Town Clerk shall inform the members of each advisory committee of the terms of reference of the committee. 3) An advisory committee may make recommendations and give notice thereof to the Town Council. 4) An advisory committee may consist wholly of persons who are not members of the Town Council.

Voting in Committees

51. Members of committees and sub-committees entitled to vote, shall vote by show of hands, or, if at least two members so request, by signed ballot.

52. Chairmen of committees and sub-committees shall in case of an equality of votes have a second or casting vote.

Presence of Non-Members of Committee Meetings

53. a) A member who has proposed a resolution which has been referred to any committee of which he is not a member, may explain his resolution to the committee but shall not vote. b) Any member may attend a meeting of a committee or sub-committee of which he is not a member but subject to (a) above shall not vote nor speak.

Accounts and Financial Statements

54. All payments and claims upon the Town Council will be made in accordance with the Financial Regulations adopted.

55. The Statement of Accounts of the Town Council (which is subject to external audit) shall be presented to Town Council for formal approval before the end of June.

Estimates/Precepts

56. 1) The Town Council shall approve written estimates for the coming financial year at its meeting before the end of the month of January. 2) Any committee desiring to incur expenditure shall give the Town Clerk a written estimate of the expenditure recommended for the coming year no later than the end of November.

Interests

57. If a member has a personal interest as defined by the Code of Conduct adopted by the Town Council on 16^th May 2007 then he shall declare such interest as soon as it becomes apparent, disclosing the existence and nature of that interest as required.

58. If a member who has declared a personal interest then considers the interest to be prejudicial, he must withdraw from the room or chamber during consideration of the item to which the interest relates.

59. The Town Clerk may be required to compile and hold a Register of Member’s interests, or a copy thereof in accordance with agreement reached with the Monitoring Officer of the Responsible Authority and/or as required by statute.

60. If a candidate for any appointment under the Town Council is to his knowledge related to any member of or the holder of any office under the Town Council, he and the person to whom he is related shall disclose the relationship in writing to the Town Clerk. A candidate who fails to do so shall be disqualified for such appointment, and, if appointed, may be dismissed without notice. The Town Clerk shall report to the Town Council or to the appropriate committee any such disclosure. Where relationship to a member is disclosed this Standing Order shall apply.

61. The Town Clerk shall make known the purpose of this Standing Order 60 to each candidate.

Canvassing of and Recommendations By Members

62. 1) Canvassing of members of the Town Council or of any committee, directly or indirectly, for any appointment under the Town Council shall disqualify the candidate for such appointment. The Town Clerk shall make known the purpose of this sub-paragraph of this Standing Order to every candidate. 2) A member of the Town Council or of any committee shall not solicit for any person any appointment under the Town Council or recommend any person for such appointment or for promotion; but, nevertheless, any such member may give a written testimonial of a candidate’s ability, experience or character for submission to the Town Council with an application for appointment.

63. Standing Order Nos. 60 & 62 shall apply to tenders as if the person making the tender were a candidate for an appointment.

Inspection of Documents

64. A member may for the purpose of his duty as such (but not otherwise), inspect any document in possession of the Town Council or a committee in line with the Town Council’s policy on freedom of information, and if copies are available shall, on request, be supplied for the like purpose with a copy.

65. All minutes kept by the Town Council or of any committee shall be open for the inspection of any member of the Town Council.

Unauthorised Activities

66. No member of the Town Council or of any committee or sub-committee shall in the name of or on behalf of the Town Council:- a) Inspect any lands or premises which the Town Council has a right or duty to inspect; or b) Issue orders, instructions or directions unless authorised to do so by the Town Council or the relevant committee or sub-committee.

Admission of The Public and Press to Meetings

67. The public and press shall be admitted to all meetings of the Town Council and its committees and sub-committees, which may, however, temporarily exclude the public and press by means of the following resolution:- “That by virtue of the provision of Section 1-(2) of the Public Bodies (Admission to Meetings) Act 1960, the public be excluded from the remainder of the meeting on the grounds that publicity would be prejudicial to the public interest by reason of the confidential nature of the business to be transacted.”

68. The Town Council, committee or sub-committee shall state the special reason for exclusion.

69. At all meetings of the Town Council and committees the Chairmen may at his discretion and at a convenient time in the transaction of business, invite any members of the public to address the meeting in relation to the business to be transacted at that meeting, strictly in accordance with the guidelines as referred to under standing order 24a (above).

70. The Town Clerk shall afford to the press reasonable facilities for the taking of their report of any proceedings at which they are entitled to be present. There shall be no audio or video recording or photographs of the meeting without the express approval of the Town Council.

71. If a member of the public interrupts the proceedings at any meeting, the Chairman may, after a warning, order that he be removed from the meeting and may adjourn the meeting for such period as is necessary to restore order.

Confidential Business

72. 1) No member of the Town Council or of any committee or sub committee shall disclose to any person not a member of the Town Council any business declared to be confidential by the Town Council, the committee or the sub-committee as the case may be. 2) Any member in breach of the provisions of paragraph (1) of this Standing Order shall be removed from any committee or sub-committee of the Town Council by the Town Council.

Liaison with County and District Councillors

73. A Summons and Agenda for each meeting shall be sent, together with an invitation to attend, to the County and District Councillor for the appropriate division or ward, where they are not also a member of the Town Council.

74. Unless the Town Council orders, a copy of each letter ordered to be sent to the County or District Council shall be transmitted to the County Councillor for the division or to the District Councillor for the ward as the case may require.

Planning Applications

75. The Town Clerk shall, as soon as it is received, enter onto a schedule kept for the purpose the following particulars of every planning application notified to the Council:- a) the date on which it was receivedb) the name of the applicant c) the place to which it relates

Financial Matters

76. The Town Council shall consider and approve Financial Regulations drawn up by the Responsible Financial Officer. 1) Such Regulations shall include detailed arrangements for the following: a) the accounting records and systems of internal control; b) the assessment and management of risks faced by the Town Council; c) the work of the Internal Auditor and the receipt of regular reports from the Internal Auditor which shall be required at least annually; d) the financial reporting requirements of members and local electors and e) procurement policies (subject to (2) below) including the settling of values for different procedures where the contract has an estimated value less than £50,000. 2) Any proposed contract for the supply of goods, materials, services and the execution of works with an estimated value in excess of [£50,000] shall be procured on the basis of a formal tender as summarised in (3) below. 3) Any formal tender process shall comprise the following steps: a) to invite tenders from at least three firms, the names to be obtained from a suitably qualified source such as an approved list held by a principal council or on advice from an appropriate professional or through a public notice of intention to place a contract placed in a local newspaper; b) a specification of the goods, materials, services and the execution of works shall be drawn up; c) tenders are to be sent, in a sealed marked envelope to the Town Clerk by a stated date and time; d) tenders submitted are to be opened, after the stated closing date and time, by the Town Clerk and at least one member of the Town Council e) tenders are then to be assessed and reported to the appropriate meeting of the Town Council or Committee. 4) The Town Council or a committee is not bound to accept the lowest tender, estimate or quote. Any tender notice shall contain a reference to the Standing Orders 60 & 61 regarding improper activity. 5) The Financial Regulations of the Town Council shall be subject to regular review, at least once every four years.

Complaints

77. The Town Council shall deal with complaints of maladministration allegedly committed by the Town Council or by any officer or member in such manner as adopted by the Town Council except for those complaints which should be properly directed to the Standards Board of England for consideration.

Variation, Revocation and Suspension of Standing Orders

78. Any or every part of the Standing Orders except those printed in bold type may be suspended by resolution in relation to any specific item of business.

79. A resolution permanently to add, vary or revoke a Standing Order shall when proposed and seconded, stand adjourned without discussion to the next ordinary meeting of the Town Council.

Standing Orders to be Given to Members

80. A copy of these Standing Orders shall be given to each member by the Town Clerk upon delivery to him of the member’s declaration of acceptance of office and written undertaking to observe the Code of Conduct adopted by the Town Council.

Words Importing the Singular and Masculine Gender

81. In these Standing Orders words importing the singular and the masculine gender respectively shall include the plural and feminine gender respectively where the context so permits.

Training for Members

82. 1) Within a week following election, all Town Councillors are to be provided with appropriate information resources to enable them to carry out their role as Town Councillor. 2) Each Town Councillor, following their first election, must attend a Councillor’s role training course approved by the County Association. 3) Each Councillor who is appointed as a Chair of Council or Committee is to attend a Chairmanship training course approved by the County Association. 4) The training referred to in paragraphs 2 or 3 is to be undertaken within six months of election or appointment or as soon as the County Association provide such courses if after six months except in extenuating circumstances.