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Agenda Document Pack - North Ayrshire Council - 17/09/2025

North Ayrshire Council · 17 September 2025
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North Ayrshire Council, Cunninghame House, Irvine KA12 8EE
North Ayrshire Council
A Meeting of North Ayrshire Council will be held in the Council Chambers, Ground
Floor, Cunninghame House, Irvine, KA12 8EE on Wednesday, 17 September
2025 at 14:00 to consider the undernoted business.
Meeting Arrangements - Hybrid Meetings
This meeting will be held on a predominantly physical basis but with
provision, by prior notification, for remote attendance by Elected Members
in accordance with the provisions of the Local Government (Scotland) Act
2003.  Where possible, the meeting will be live-streamed and available to
view at https://north-ayrshire.public-i.tv/core/portal/home.
1 Apologies
2 Declarations of Interest
Members are requested to give notice of any declarations of interest in
respect of items of business on the Agenda.
3 Previous Minutes
The accuracy of the Minutes of the Meeting of the Council held on 25 June
2025 will be confirmed and the Minutes signed in accordance with
Paragraph 7(1) of the Local Government (Scotland) Act 1973 (copy
enclosed).
4 Provost's Report
Submit report by the Provost for the period covering 16 June 2025 to 7
September 2025  (copy enclosed).
5 Leader's Report
Submit report by the Leader of the Council for the period covering 16 June
2025 to 7 September 2025 (copy enclosed).
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North Ayrshire Council, Cunninghame House, Irvine KA12 8EE
6 Minute Volume (issued under separate cover)
Submit, for noting and for approval of any recommendations contained
therein, the Minutes of Meetings of committees of the Council held in the
period 1 May to 1 September 2025.
7 Community Planning Partnership (CPP) Board: Minutes of Meeting
Submit report by the Executive Director (Communities and Housing) on the
Minutes of the Community Planning Partnership Board held on 5 June
2025 (copy enclosed).
8 Findings of Hearing Conducted by the Standards Commission for
Scotland
Submit report by the Head of Service (Democratic Services) on the findings
of Hearing conducted by the Standards Commission for Scotland (copy
enclosed).
9 Annual Review of Governance Documents
The Council is invited to consider the following reports in terms of the
annual review of the Council's suite of Governance documents which
regulate the operation of Council, its committees and officers.
9.1 Standing Orders Relating to Meetings and Proceedings  of the
Council and Committees
Submit report by the Chief Executive on the Standing Orders Relating to
Meetings and Proceedings of the Council and Committees (copy
enclosed).
9.2 Scheme of Administration
Submit report by the Chief Executive on the Council's Scheme of
Administration (copy enclosed).
9.3 Scheme of Delegation to Officers
Submit report by the Chief Executive on the Council's Scheme of
Delegation to Officers (copy enclosed).
9.4 Other Key Governance Documents
Submit report by the Chief Executive on other key governance documents
regulating the operation of the Council, its committees and officers (copy
enclosed).
10 Committee Timetable 2026
Submit report by the Chief Executive on a proposed timetable of meetings
of the Council and its committees for the period from January - December
2026 (copy enclosed).
11 Collaborative Working in Ayrshire
Submit report by the Chief Executive on progress of collaborative working
across Ayrshire and to outline the recommended next steps (copy
enclosed).
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North Ayrshire Council, Cunninghame House, Irvine KA12 8EE
12 Questions
In terms of Standing Order 14, submit:-
(1) a question by Councillor Currie to the Cabinet Member for Health
and Social Care in the following terms:
“ In their first media interview following their appointment, the new Cabinet
Member said, “putting communities at the heart of things is the biggest
priority”. Their first action in post was to second the proposal to cut beds at
Montrose House.
97% of those who took part in the so-called consultation opposed these
cuts.
The IJB’s own paper showed that between 2020/21 and the current
financial year, 48% of Arran residents who have entered long-term care
settings have been required to move to a mainland care setting due to a
lack of available beds on Arran. That was before these cuts.
The Cabinet Member, this SNP administration, and the IJB, have all left
island families worried that they will be separated by the sea if one of them
requires care in the future.
Why, in their first action, has the Cabinet Member broken their promise and
treated our communities on Arran with such disdain?"
(2)  a question by Councillor Stalker to the Cabinet Member for
Communities, Housing and the Islands in the following terms:
" Houses were demolished by NAC at Longbar, Dalry in 1999. The land
has been left undeveloped, although the grass is regularly cut at the
Council’s expense. Given the recent increase in private housebuilding
activity in Kilbirnie, Glengarnock and Beith, would the Council consider
selling the land at Longbar to help regenerate the area?"
(3)  a question by Councillor Todd Ferguson to the Cabinet Member
for Education in the following terms:
“Can the Cabinet Member for Education provide an update on the current
provision of traditional Scottish music education in primary and secondary
schools on the North Coast?"
(4)  a question by Councillor Foster to the Cabinet Member for
Education in the following terms:
“Can the Cabinet Member for Education provide details of what new
approaches have been taken to strengthen early intervention and
prevention, with a view to minimising the number of excluded pupils who
are Care Experienced?"
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North Ayrshire Council, Cunninghame House, Irvine KA12 8EE
(5)  a question by Councillor Stalker to the Cabinet Member for
Communities, Housing and the Islands in the following terms:
"A block of flats was demolished by NAC at Baidland Avenue in Dalry
during 2022. The site has been left in a derelict condition and serves no
purpose. It is fenced off and the overgrown weeds are not maintained.
Would the Council consider selling this land if it has no further use for it?"
(6)  a question by Councillor Todd Ferguson to the Leader of the
Council in the following terms:
"To ask the Leader to provide an update on the steps the Council has
taken in the last year to support veterans and their families under the
Armed Forces Covenant?"
(7)  a question by Councillor Montgomerie to the Leader of the
Council in the following terms:
“Does the administration support a cash-first approach to anti-poverty
initiatives?”
(8)  a question by Councillor Marshall to the Education in the
following terms:
“Apparently the Scottish government uses 13 different measures for the
size of the Poverty Attainment Gap - the gap between the richest and
poorest groups of pupils.
They include the number of pre-school children showing development
concerns, levels of literacy and numeracy at primary school, qualifications
and the destinations pupils go on to such as further education or
apprenticeships ad nauseam. The recent Cabinet Report on Education
measures the Gap between SIMD Quintile 1 and SIMD Quintiles 2-5. A
Measure that minimises the Gap. 
However, a more realistic Measure is the Gap between SIMD Quintile1 and
SIMD Quintile 5. 
Using that Measure can you exhibit graphs, similar to those appearing on
page 43 of the recent Cabinet Report for the NAC Poverty Attainment Gap
,showing the proportion of students achieving grades A to C for SIMD
Quintile1 and SIMD Quintile 5. for each of the Exam Results for National 5
and for Higher for each of the last 10 years?”
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North Ayrshire Council, Cunninghame House, Irvine KA12 8EE
(9)  a question by Councillor Murdoch to the Cabinet Members for
Green Environment and Economy in the following terms:
“During debate on noting the paper regarding the additional funding for
Ardrossan Campus, I asked if the revised budget would be £155,538,167,
not £114.6 million as stated in the papers. This would mean an increase of
£84,062,659, from the original budget of £71,000,475 can I ask which of
these calculations is correct? An answer to this question was not available
at this point, I received the following answer on 8th July 2025. 
“In response to your query, I can provide the undernoted information:
• The total cost of the de-contamination, revetment and any other
enabling works? £47.9m
• The total cost of the new campus construction?  £114.6m
• The total combined cost of this project and everything connected to
it? £162.5m
• The borrowing rate for the combined figure? 
Not all of this combined figure will be subject to a borrowing requirement
as we will seek to maximise income from other funding sources, including
SUSTRANS and the Vacant and Derelict Land Fund, before undertaking
prudential borrowing. Additionally, we do not borrow for specific projects or
assets but rather as cash flow requires, utilising internal balances before
resorting to PWLB borrowing. However, the costs to the General Fund for
the provision of these assets would be based on the prevailing interest rate
at the time of expenditure.
The majority of the de-contamination, revetment and enabling works were
undertaken during 2024-25 when the average cost of borrowing was
4.87%.
The costs for the construction phase would be incurred during 2025-26 and
2026-27 and we are currently budgeting to achieve all required borrowing
over these financial years at 5.3% or lower.”
Can the Cabinet Member please inform this Council why the £162.5 million
figure was not mentioned during the item at the June meeting?"
(10)  a question by Councillor Foster to the Cabinet Member for Health
and Social Care in the following terms:
“Can the Cabinet Member for Health & Social Care provide details of our
progress in keeping the promise, specifically relating to how many siblings
in Care within NAC have been separated from their brothers or sisters over
the past 12 months? How many instances of Care Experienced Children
being physically restrained have been recorded over the past 12 months
and what percentage of Care Experienced children have had access to
independent advocacy as defined by The Scottish Independent Advocacy
Alliance?"
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North Ayrshire Council, Cunninghame House, Irvine KA12 8EE
(11)  a question by Councillor Murdoch to the Cabinet Member for
Green Environment and Economy in the following terms:
“Can the Cabinet Member please provide separate costs of the
decontamination and revetment of the land at the new Ardrossan Campus
Site?”
(12)  a question by Councillor Hume to the Leader of the Council in
the following terms:
“Having cut the number of school crossing patrollers, the Council Leader
promised a road safety campaign in response to her administration's cuts.
Can the Leader tell us when that campaign will launch because surely
social media memes saying, “Stay Alert” and “Phones Down, Eyes Up”, is
not the much-vaunted road safety campaign the Leader used to justify her
cuts to crossing patrollers?"
(13)  a question by Councillor Murdoch to the Cabinet Member for
Finance in the following terms:
“In the light of the BBC’s recent report into Scottish Council’s debt levels,
(North Ayrshire Council showed Scotland’s third biggest rise in debt in
2024/25 – which increased from £319,364,000 in 2024/25 to £429,364,000
in 2024/25: an increase of 34.4 %). Will the Cabinet Member inform
Members of the breakdown of the debt?
Specifically, who the debt is owed to, for what purpose was the debt
incurred and when was it incurred, what was or is the nature of the debt,
eg, PFI, PPP, SFT, PWLB or held by Venture Capital Organisations such
as banks or insurance companies? Have any such projects ever been
subject to refinancing or renegotiation, and if so, what were or are the
outcomes of the exercise in terms of both amounts still owed and contract
end dates, what proportion of the debt is interest?
What is the 2024/25 per capita debt for the constituents of North Ayrshire
and where can the public view or access the figures, including historic
data?”
(14)  a question by Councillor Montgomerie to the Cabinet Member for
Green Environment and Economy in the following terms:
“Can the Cabinet Member explain why the railing and footpath around the
Saltcoats Harbour Tower has not been fixed yet?”
(15)  a question by Councillor Currie to the Leader of the Council in
the following terms:
“As co-chair of the Ardrossan task force, can the Council Leader update us
on progress to bring Ardrossan Harbour into public ownership?”
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North Ayrshire Council, Cunninghame House, Irvine KA12 8EE
13 Motions
In terms of Standing Order 15, submit:-
(1) a motion by Councillor Inglis, seconded by Councillor Gallacher,
in the following terms:
Council considers that:
• Constituents expect North Ayrshire councillors from different political
parties and ideologies to work together to better their lives, towns and
villages in the area.
• A budget working group would allow councillors to come together to
help form North Ayrshire Council's 26/27 budget
• Furthermore, a budget working group through a collaborative
approach could also help avoid Council revisiting recent budget
decisions and focus on future budgets. 
Therefore, Council agrees:
• To create a budget working group and
That the group:
• Will be made up of two members of each political group
and the three independent members;
• Include relevant senior officers to provide financial and
strategic advice;
• Begin meeting during October 2025;
• Consider budget pressures, service priorities, savings
proposals and opportunities for investment;
• Facilitate open discussion and early engagement ahead of
formal budget setting.
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North Ayrshire Council, Cunninghame House, Irvine KA12 8EE
(2) a motion by Councillor Inglis, seconded by Councillor Stalker, in
the following terms:
Mixed Tenure Repairs & Maintenance Grant Fund Motion
• Notes the growing financial pressures faced by private owners in
Council-factored blocks, particularly in relation to the affordability of
major common repairs and maintenance such as lift replacements,
roofing and essential building works.
• Recognises that while the Council’s Scheme of Assistance and
repayment arrangements are available, these measures do not
always provide timely or sufficient support for owners facing large and
unavoidable repair costs.
• Agrees to the principle of establishing a Mixed Tenure Repairs &
Maintenance Grant Fund with an initial budget of £500,000, to be
financed as follows:
• £250,000 from Energy Smart
• £250,000 from Transformation Funds
• Agrees that the Fund will be subject to strict eligibility criteria to
ensure it supports works in Council factored private properties that is
focused on repairs and maintenance that:
• is essential to ensure homes are wind and watertight;
• meets statutory or regulatory compliance standards; and/or
• supports accessibility and building security improvements.
• Requests that officers bring forward a detailed scheme for
administering the Fund, including eligibility criteria, assessment
arrangements, relevant integrated impact assessments
demonstrating that any adverse impacts can be appropriately
mitigated and officer resourcing implications, for approval at a future
meeting.
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North Ayrshire Council, Cunninghame House, Irvine KA12 8EE
(3) a motion by Councillor Montgomerie, seconded by Councillor
Angus-McDonald, in the following terms:
Members acknowledge the dynamic nature of the common housing
register, with an applicants’ relative position on the list subject to daily
change based on many factors such as new applications joining the
register, the latest allocations and the outcome of accessibility
assessments. Council also recognises that the allocation policy is a group-
plus-points one and that subject to interest in areas and house types, the
number of points that an applicant requires to be made an offer fluctuates
from town to town, street to street, and property to property.
Whilst acknowledging the above, the Council supports the principle of
being more transparent with applicants over their housing prospects and
agrees to explore ways in which we can share more information about
allocations with housing applicants.
Council therefore requests officers to bring a report back to Council
outlining options that will enable residents to access more transparent
information about housing allocations within their choices
14 Urgent Items
Any other items which the Chair considers to be urgent.
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North Ayrshire Council, Cunninghame House, Irvine KA12 8EE
Webcasting
Please note: this meeting may be filmed/recorded/live-streamed to the
Council's internet site and available to view at https://north-ayrshire.public-
i.tv/core/portal/home, where it will be capable of repeated viewing.  At the
start of the meeting, the Provost/Chair will confirm if all or part of the
meeting is being filmed/recorded/live-streamed.
You should be aware that the Council is a Data Controller under the Data
Protection Act 2018.  Data collected during the webcast will be retained in
accordance with the Council’s published policy, including, but not limited
to, for the purpose of keeping historical records and making those records
available via the Council’s internet site.
Generally, the press and public will not be filmed. However, by entering the
Council Chambers and using the press or public seating area, you
acknowledge that you may be filmed and that any information pertaining to
you contained in the video and oral recording of the meeting will be used
for webcasting or training purposes and for the purpose of keeping
historical records and making those records available to the public. In
making this use of your information the Council is processing data which is
necessary for the performance of a task carried out in the public interest.
If you have any queries regarding this and, in particular, if you believe
that use and/or storage of any particular information would cause, or be
likely to cause, substantial damage or distress to any individual, please
contact dataprotectionofficer@north-ayrshire.gov.uk
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North Ayrshire Council, Cunninghame House, Irvine KA12 8EE
North Ayrshire Council Sederunt
Nairn Angus-McDonald
John Bell
Marie Burns
Eleanor Collier
Joe Cullinane
Charles Currie
Scott Davidson
Anthea Dickson
Stewart Ferguson
Todd Ferguson
Robert Foster
Scott Gallacher
Tony Gurney
Alan Hill
Mary Hume
Cameron Inglis
Margaret Johnson
Amanda Kerr
Christina Larsen
Shaun Macaulay
Jean McClung
Matthew McLean
Louise McLaughlan
Davina McTiernan
Tom Marshall
Jim Montgomerie
Ian Murdoch
Donald Reid
Donald L Reid
Chloe Robertson
Ronnie Stalker
Angela Stephen
John Sweeney
Chair:
Apologies:
Attending:
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North Ayrshire Council
25 June 2025 
At a Meeting of North Ayrshire Council at 2.00 p.m. involving a combination of
participation by remote electronic means and physical attendance within the Council
Chambers, Irvine. 
Present (Physical Participation)
Nairn Angus-McDonald, John Bell, Marie Burns, Eleanor Collier, Joe Cullinane, Scott
Davidson, Anthea Dickson, Stewart Ferguson, Robert Foster, Scott Gallacher, Tony
Gurney, Cameron Inglis, Amanda Kerr, Christina Larsen, Shaun Macaulay, Tom
Marshall, Jean McClung, Louise McLaughlan, Matthew McLean, Davina McTiernan,
Ian Murdoch, Donald Reid, Donald L. Reid and Angela Stephen. 
Present (Remote Electronic Participation)
Charles Currie, Todd Ferguson, Margaret Johnson, Chloé Robertson and John
Sweeney.
In Attendance
C. Hatton, Chief Executive; S. Anson, Executive Director (Education); C. Cameron,
Director (Health and Social Care Partnership); R. Leith, Head of Service (Connected
Communities) (Communities and Housing); L. Cree, Head of Service (Sustainability,
Transport & Corporate Property) (Place); M. Boyd, Head of Service, D. Forbes,
Senior Manager (Finance); F. Walker, Head of Service (People and ICT); A. Craig,
Head of Service (Democratic), R. Lynch, Senior Manager (Legal Services); J.
Hutcheson, Senior Communications Officer (Communications), C. Stewart and S.
Wilson, Committee Services Officers, and H. Young, Senior Committee Services
Officer (Democratic) (Corporate Services). 
Chair
Provost Dickson in the Chair. 
Apologies
Alan Hill, Mary Hume, Jim Montgomerie and Ronnie Stalker. 
1. Provost's Remarks 
The Provost welcomed those present to the meeting and dealt with preliminary
matters, including intimation that the meeting, which was taking place on a hybrid
basis, was being recorded. 
2. Apologies 
The Provost invited intimation of apologies for absence, which were recorded. 
3.  Declarations of Interest 
There were no declarations of interest in terms of Standing Order 11 and Section 5
of the Councillors' Code of Conduct. 
Agenda Item 3
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There were no declarations of the Party Whip. 
4. Previous Minutes 
The accuracy of the Minutes of the Ordinary and Special Meetings held on 14 May
2025 were confirmed and the Minutes signed in accordance with Paragraph 7(1) of
Schedule 7 of the Local Government (Scotland) Act 1973. 
5. Provost’s Report 
Submitted report by the Provost for the period from 5 May – 15 June 2025. 
Noted. 
6.  Leader’s Report 
Submitted report by the Leader of the Council for the period for 5 May – 15 June
2025. The Leader of the Council highlighted a recent report to the Community
Planning Partnership Board which reported an improvement in Child Poverty figures
for the previous year. The Leader observed that while the improvement was positive,
focus needed to be maintained on Child Poverty as a number one priority.     
Noted. 
7.  Council Minute Volume 
Submitted for noting the Minutes of meetings of committees of the Council held in the
period 6 May – 4 June 2025. 
Noted. 
8. Appointments to Outside Bodies 
The Council was invited to consider nominations received in respect of the North
Ayrshire Leisure Limited Board and the Community Planning Partnership Safer North
Ayrshire Partnership. 
Councillor D Reid, seconded by Councillor Cullinane, moved that Councillor
McLaughlan be appointed to serve on the Board of North Ayrshire Leisure Limited. 
There being no other nomination, Councillor McLaughlan was duly appointed. 
Councillor D Reid, seconded by Councillor Cullinane, moved that Councillor Hume
be appointed to serve as a named substitute on the Community Planning
Partnership Safer North Ayrshire Partnership.  There being no other nomination,
Councillor Hume was duly appointed. 
Accordingly, the Council agreed to appoint (i) Councillor McLaughlan to serve on
North Ayrshire Leisure Limited Board; and (ii) Councillor Hume to serve as a named
substitute on the Community Planning Partnership Safer North Ayrshire Partnership. 
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9. Ardrossan Campus 
Submitted report by the Executive Director (Place) on the progress with the delivery
of the Ardrossan Campus project, the overall transformational regeneration
outcomes to be delivered, the current financial position, and to set out the additional
funding required as a result of market conditions in the construction industry to
enable the delivery of the project in accordance with current programme timelines. 
Members asked questions and were provided with further information in relation to: 
• the impact the additional loan will have on the revenue budget next year;
• the potential recurring gap in future years budget and how that gap will be
filled;
• the 2030 net zero ambitions of the Council;
• assurances that the revised costs do not change again during the construction
phase;
• sufficient contingency to cover any future rising costs;
• funding for further increases in the project;
• projected final costs for construction of the campus, the enabling works for
decontamination of the site and the revetment associated works; 
• the finalised full technical design;
• the move in date of October 2027; and
• the potential risks associated with securing a workforce to complete the
project due to national competition for construction workers. 
The Monitoring Officer provided clarification that Standing Orders 15.4 relates to
motions lodged by Elected members. 
Head of Service (Finance) undertook to provide the costs of the Campus and the
enabling works of the site to all members. 
Councillor Gurney, seconded by Councillor Macaulay, moved the approval of the
recommendations set out in the officer’s report. There being no amendment, the
motion was declared carried. 
10. North Ayrshire Council Unaudited Annual Accounts 2024/25 
Submitted a report by the Head of Service (Finance) on the unaudited Annual
Accounts for the year to 31 March 2025. 
Councillor Larsen, seconded by Councillor McTiernan, moved the approval of the
recommendations set out in the officer’s report. There being no amendment, the
motion was declared carried. 
Accordingly, the Council agreed to (a) approve the Annual Accounts for 2024/25,
subject to audit; (b) note that Audit Scotland plan to complete their audit of the
Accounts by mid-September 2025 and present their annual audit report to the
Council’s Audit and Scrutiny Committee thereafter; and (c) authorise the Audit and
Scrutiny Committee to consider, and approve for signature, the audited annual
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accounts within the required timeframe. 
11. North Ayrshire Charitable Trusts: Unaudited Trustees’ Annual Report 
2024/25 
Submitted a report by the Head of Service (Finance) on the unaudited Trustees’
Annual Report for the year to 31 March 2025, for approval by the Council as
trustees. The Trustees’ Annual Report and Financial Statements for all of North
Ayrshire Council’s charitable trusts was attached at Appendix 1 to the report. 
Councillor Larsen, seconded by Councillor Collier, moved the approval of the 
recommendations set out in the officer’s report. There being no amendment, the
motion was declared carried. 
Accordingly, the Council agreed, as trustees of the North Ayrshire Council Charitable 
Trusts, to approve the annual report for 2024/25, subject to audit. 
12. Treasury Management and Investment Annual Report 2024/25 
Submitted a report by the Head of Service (Finance) on the Treasury Management
and Investment Annual Report and Prudential Indicators for 2024/25. The Treasury
Management and Investment Annual Report 2024/25 for North Ayrshire Council was
set out at Appendix 1 to the report. 
Councillor Larsen, seconded by Councillor McTiernan, moved the approval of the
recommendations set out in the officer’s report. There being no amendment, the
motion was declared carried. 
Accordingly, the Council agreed to note (a) the Treasury Management and
Investment Annual Report for 2024/25 set out at Appendix 1 to the report; and (b)
the Prudential and Treasury Indicators contained therein. 
13. Congratulatory Motion 
In terms of Standing Order 15.3, submitted the undernoted motion, duly proposed
and seconded, which sought to congratulate, commend or recognise an individual or
group in relation to their achievement or activities within North Ayrshire: 
The current very successful Irvine and Dreghorn Band trace their roots to 1975,
when local brass teachers with parents in North Ayrshire schools formed Irvine
Youth Band. The band had many successes over the years. in 1982 the Irvine Youth
and Dreghorn Youth bands merged to become Irvine and Dreghorn Band creating a
huge band of around 45 members. 
Only a year later the band started to compete in Scottish competitions and by the
end of that year had taken 1st place in the 4th Section at the Whitburn Invitational
Contest. The average age of the competing band was only 17! Today (2025), the
band still have players who competed in that very contest! 
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2012 saw the exciting development of a third-tier to the organisation There was
always a small youth band which sat side by side to the Senior Band, but the
formation of the ‘Brasslets’ saw the youngest learners and complete beginners
brought on board. They have since competed at the Scottish Youth Brass Band
Championships and continue to go from strength to strength. Band members give of
their time and talents teaching the ‘Brasslets’. 
In July 2014 the band performed in two prestigious gigs. Firstly, to royalty at the
opening of the walled garden at Dumfries House where the Queen, Prince Philip,
Prince Charles and Camilla were all in attendance. Next, the band entertained the
world’s top sportsmen and women, marching and performing at the Athlete’s Village
as part of the Commonwealth Games in Glasgow. 
A community asset transfer from North Ayrshire Council of the Dunlop Hall in
Dreghorn, saw them decorate their new home making it welcoming to all and a
fantastic asset with its many practice rooms. The main hall is capable of holding 80
attendees at regular concerts. 
In 2022, the band added yet another tier to their band family. A community band!
This saw them welcome back players from yesteryears. Some had continued playing
socially, others picked up an instrument for the first time in many years. They meet
each Monday evening in Dunlop Hall and thoroughly enjoy playing for personal
satisfaction. 
In 2023, the competing band came 1st at the Scottish Championships (3rd Section)
and went on to compete at the Brass Band Championships of Great Britain at
Cheltenham in the September 2023. 
The band continue to play at a variety of local events, contests and concerts and
hope to see more success in 2025 as they join the 1st section of the Scottish Brass
Band Championships. 
North Ayrshire Council notes the short history and congratulates Irvine and Dreghorn
Band members, past and present, on reaching their 50th anniversary year; wishing
them well as they continue to keep brass band music flowing in North Ayrshire. 
There being no dissent, the congratulatory motion was declared carried. 
14. Questions 
In terms of Standing Order 14, submitted: 
(1)  a question by Councillor Cullinane to the Leader of the Council in the following
terms: 
“Can the Council Leader explain why she believes it was acceptable to suspend
standing orders last year to review the budget decision to cut school librarians, but
believes it would be wrong to suspend standing orders to debate reviewing the SNP
Administration’s decision to cut school crossing patrollers?” 
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The Leader of the Council thanked the Member for his question and responded in
the following terms: 
“Councillor Cullinane is aware there is a process for decision making that all elected
members signed up to. I did say at the last Council meeting there is a reason why
councils agree that standing orders have to be suspended to reopen decisions that
have recently been taken. If we didn’t have that we could be constantly revisiting
decisions and have them come back to meeting after meeting. That isn’t good
governance and it doesn’t make for good decision making. That doesn’t mean we
would never revisit a decision and I believe it was right to do so in the case of school
libraries because there was the suggestion that an alternative approach or model
might be possible. That’s why I used my vote to overturn standing orders on that
occasion. I would say that that would still apply in the minority of cases.” 
As a supplementary question, Councillor Cullinane asked if the Leader of the Council
was aware that the road traffic accident data from Police Scotland showed 21 road
accidents in the last 5 years on the roads in which the crossing patrollers were being
removed and is she was still of the opinion that saving £92,000 removing crossing
patrollers was not a risk? 
The Leader of the Council responded by advising that Councillor Cullinane asked
why she thought it was right to overturn standing orders in one situation and not in
another and that was explained. The Leader of the Council advised the
supplementary question does not directly relate to the question asked. 
(2)  a question by Councillor Inglis to the Cabinet Member for Green Environment
and Economy in the following terms: 
"Can the Cabinet provide a clear update on the lift renewal project at Saltcoats High
Flats, including the confirmed timeline for completion, the total cost, and what steps
are being taken to minimise disruption for elderly and disabled residents during the
works?” 
Councillor Gurney thanked the Member for his question and responded in the
following terms: 
“Following a procurement process, the Property Management and Investment Team
are working alongside the appointed contractors, Classic Lifts, to have the communal
lifts replaced in Lambie Court & O’Connor Court, Saltcoats.  Classic Lifts have
provided a site start date week commencing 04 August 2025 and all residents of the
flats have been notified of this by letter.  Each lift is anticipated to take approximately
12 weeks to be replaced with one lift per block being replaced at a time before
moving to the other.  This will mean that residents will continue to have access to
one lift at all times however this may not serve the floor upon which they reside.  On
the basis of this timescale, it is anticipated that the programme of work should be
completed by mid-February 2026. 
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Owners within the block are required in this instance to make a financial contribution
towards the cost of the work as the lifts are a common element of the
building. Overall, the anticipated cost of the works is  £568,780. 
Please note that the Council have been able to apply a discretionary VAT exemption
for this work in order to reduce costs for owners.  Property owners will not be issued
with an invoice until works are physically complete and will have the option to contact
the Finance team to set up a payment arrangement where it is appropriate to do so. 
Housing Services are working alongside PM&I to develop a package of support for
residents to minimise any disruption during the course of the replacement
programme.  To date, staff have surveyed all residents across both blocks to identify
any mobility issues which may create difficulties during this work and to determine
what support may be provided.  Individuals with specific needs have been identified
and we in direct contact with them to address their concerns and mitigate impacts
upon them.  
Measures currently under consideration by our Housing team include making
support staff available on site at set times of the day during works and the possibility
of decanting residents who have the most severe accessibility needs.” 
(3)  a question by Councillor McLean to the Leader of the Council in the following
terms: 
“Prior to the last meeting of North Ayrshire Council, the Transport Secretary Fiona
Hyslop announced the creation of a £4.4 million Business Resilience fund with the
South Uist Business Impact Group for communities affected by ferry disruption - has
the leader of the council engaged, either directly with the government, or through
other forums such as the Ardrossan Harbour Task Force or COSLA to either get
Arran and Ardrossan included in this fund or for the creation of a similar fund for
them?” 
The Leader of the Council thanked the Member for his question and responded in
the following terms: 
“Following the announcement, Council Officers have been in regular contact with
both Scottish Government and Highlands and Islands Enterprise to seek clarity on
the fund and the prevailing opportunity for our island businesses and have been
advised that SG is “working at pace to get everything set up for the fund and are
hoping it will be live before summer recess.”  As of 19 June 2025, no further details
have emerged.
The Council stands ready to work with the Scottish Government, HIE and affected
local communities, businesses and employers to maximise the opportunities the fund
will offer through these challenging times. 
Concerns regarding the resilience of Ardrossan businesses were also raised and
discussed at the last Ardrossan TaskForce meeting.” 
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The Leader of the Council also advised that her concerns at the meeting were
focussed on the potential purchase price of the harbour and ability to pull together
the funding for that purpose, that would provide the best long term solution for the
people of Ardrossan and Arran. 
As a supplementary question, Councillor McLean asked if all members could be kept
up to date of any developments over summer recess? 
The Leader of the Council advised she would be happy to keep all members
updated.  
(4)  a question by Councillor Murdoch to the Cabinet Member for Communities,
Housing and Islands in the following terms: 
“There is a fully constructed energy and storage facility built at Hunterston. There
would appear to be no batteries in it yet and there is no sign of it being operational
any time soon. Is the Cabinet Member and North Ayrshire Council concerned about
this, do you know why it is not operational, and can you please provide a date when
it will be operational?” 
Councillor Larsen, on behalf of Councillor Hill, thanked the Member for his question
and responded in the following terms: 
“The site referred to was granted consent by Scottish Government Energy Consents
Unit (ECU) in 2023. The site is not fully complete and remains under construction,
being part of a wider development. The Council was a consultee to this development
which has been lawfully commenced without a time limit being imposed by the ECU
for completion. 
Officers will contact the site applicant to request an update for sharing with relevant
ward members.” 
(5)  a question by Councillor Gurney to the Cabinet Member for Communities,
Housing and Islands in the following terms: 
"The owners of Seafield School in Ardrossan recently felled several dozen mature
trees. Following the work the owners claimed that they had followed all necessary
procedures. Scottish Forestry immediately imposed a Stop Order, forbidding any
further work on the site. I personally witnessed this Stop Order being violated with
the owners continuing work, ignoring the notices posted on the locked gates to the
site. 
Would you please outline the Council’s involvement in this matter, including any
permission sought or gained to complete this work?" 
Councillor Larsen, on behalf of Councillor Hill, thanked the Member for his question
and responded in the following terms: 
“The landowner contacted the Council’s Planning Service by letter on 7 May 2025
advising of their intention to fell trees on the site. The letter referred to concerns from
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neighbours and inspection by a tree specialist.  The trees referred to were not
protected and therefore no consent was required from the Council. 
Following concerns raised regarding the tree felling, Planning officers visited the site
with the Council’s Arboricultural Officer and it was noted that a number of trees that
had been felled had visible signs of heart rot decay and fungal growth”. 
(6)  a question by Councillor Kerr to the Leader of the Council in the following terms: 
“All elected members received a copy of the joint letter from the Garnock Valley
Community Councils to the Council Leader which was scathing about her decision to
shut down debate on the SNP’s administration's decision to cut school crossing
patrollers. Given elected members were copied into the Community Councils letter,
will the Council Leader publish her response to the letter and for it to be included in
the minute of today’s meeting?” 
The Leader of the Council thanked the Member for her question and responded in
the following terms: 
“I am happy for my response to be included in the minutes. I do want to say
something about the language of Councillor Kerr’s question when referring to me.
She talks about “her decision” to shut down debate. I am sure members in the
chamber would be pleased to confirm that I don’t have the power to shut down any
debate. I have one vote and one voice in this chamber just as she does.” 
(7)  a question by Councillor Marshall to the Cabinet Member for Finance in the
following terms: 
“In the Financial Year 24/25 how, much was spent by the Council Taxpayer on the
utility bills of those employees working from home (WFH)?” 
Councillor Larsen thanked the Member for his question and responded in the
following terms: 
“No cost was borne by the Council taxpayer on the utility bills of those employees
working from home”. 
(8)  a question by Councillor McLean to the Leader of the Council in the following
terms: 
“With the Scottish Government now exploring purchase of Ardrossan Harbour, which
has reportedly resulted in a current stalemate with allegedly slow moving processes
from the responsible body, how likely is it that the current business case, which relies
on Peel Port funding, will be scrapped or re-revised, leading to further delay in the
harbour upgrade and the continued use of Troon Harbour for residents of Arran?” 
The Leader of the Council thanked the Member for his question and responded in
the following terms: 
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“At the last task force meeting, both parties agreed that negotiations for the Scottish
Government to purchase the harbour are well underway but, of course, the outcome
depends on agreement of a fair price to the public purse, as you would expect. It was
also agreed that a routemap covering all options would have to be agreed as soon
as possible to ensure there was no further delay regardless of the outcome of the
negotiations. 
Significant progress was made on an updated Business Case prior to the Scottish
Government’s announcement regarding investigating the purchase of the Harbour.
The current draft Business Case may require to be refreshed or revised but much of
the work carried out would still be pertinent including the socio-economic
assessment undertaken with the Fraser of Allander Institute.” 
As a supplementary question, Councillor McLean asked if the Leader of the Council
was confident that Ardrossan Harbour would be up and running before the Local
Government Elections in 2027? 
The Leader of the Council responded by advising that there was always an approach
in the Council that the issue of Ardrossan Harbour would not be politicised, that was
the right approach and that all members want to see progression at Ardrossan
Harbour as soon as possible. 
The Leader of the Council advised she would not comment on press releases from
Peel Ports, as they are in the middle of negotiating a price with the Scottish
Government and as part of their negotiations there would be upcoming press
releases. 
The Leader of the Council advised she would continue to press the Scottish
Government to get a decision as quickly as possible but understands that they have
to do due diligence on the price they negotiate with Peel Ports and we all want to see
it announced as quickly as possible. 
The Leader of the Council advised she would be in touch with all members with any
developments regarding this. 
(9)  a question by Councillor Murdoch to the Cabinet Member for Green
Environment and Economy in the following terms: 
“At a meeting of Ardrossan Community Stakeholders Group held on 13th March
2025, it was reported that 17,500 litres of Heavy Fuel Oil that had been separated
from soils and water during the remediation works, has been removed from the site
for recycling and soil mass calculations, showed removal of 108 tonnes of
Hydrocarbons from the soils, with an anticipated additional 110 tonnes to be
removed on completion of all bioremediation (total mass removal of 220 tonnes). 
Will the Cabinet Member please provide members with a comprehensive list of all
identified contaminants, hydrocarbons and amounts thereof found? 
How has the decontaminated soils and Heavy Fuel Oil been disposed of? 
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Have all of the proposed sites been decontaminated and free from contaminants and
hydrocarbons, and will he provide to members a copy of the letter or report on
acceptance of compliance from the Leader of the Council and the Chief Executive?” 
Councillor Gurney thanked the Member for his question and responded in the
following terms: 
“A total of 18,000 litres of fuel oil was removed from groundwater and from site to a
licenced facility (in Paisley), 184 tonnes of hydrocarbons were removed from the soil
via bioremediation allowing the soils to be reused on site and 18m3 of asbestos
contaminated soils were removed from site to a licenced facility (in Lincoln). The
details of the hydrocarbons and amounts thereof are included in the Phase 04
Verification Report Issue C. The final verification report has been prepared by a
competent person as defined by Government guidance. The final verification report
has been acknowledged by Environmental Health as the regulatory authority and
commented on by SEPA in line with the in-ground remediation strategy. 
Hydrocarbon decontaminated soils have been treated in accordance with the
remediation strategy and reused onsite. Heavy fuel oil was removed from site by a
licenced contractor (Augean) and taken to their licensed disposal facility (in Paisley)
in accordance with the remediation strategy. The disposal of materials is detailed in
Appendix I: Waste Disposal & Consignment Notes of the Phase 04 Verification
Report Issue C. 
The requirements of the scope of the remediation strategy have been achieved
across the site. All site information regarding the compliance with the remediation
strategy is provided in the Phase 04 Verification Report Issue C. The enabling works
contractor is due to complete the enabling works contract in Summer 2025.
Verification of the above ground enabling works is ongoing with Envirocentre and will
be subject to review and where appropriate acknowledgement by Environmental
Health. 
The remediation process has been followed in line with current legislation and
guidance. The final verification report has been acknowledged by Environmental
Health as the regulatory authority and commented on by SEPA in line with the
remediation strategy. Copies of the final reports can be shared with Elected
Members when SEPA has no further comments to offer.” 
As a supplementary question, Councillor Murdoch asked if the Cabinet Member
would give a 100% guarantee that the whole site would be 100% decontaminated
before construction of all buildings on this site? 
Councillor Gurney responded by advising that the decontamination standard
employed was the highest standard available and was suitable for housing and not
just other uses. 
Councillor Gurney advised that all sites contain some contamination, however the
work was to the highest standard available and would be checked by the
organisations referred to in the original answer. Councillor Gurney also advised
building work would not start on the site until decontamination of the site had been
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signed off. 
(10)  a question by Councillor Cullinane to the Cabinet Member for Education in the
following terms: 
“To ask the Cabinet Member for Education how many applications for school transport
were submitted through the flexiroute system in 2023/24 and 2024/25, how many
applications were approved and how many were refused?” 
Councillor Macaulay thanked the Member for his question and responded in the
following terms: 
“The Flexiroute system is operated by the Transport Hub in order to facilitate
contracts/schedules with providers. The figures below represent applications sent to
the Education Service for consideration. 
Applications via Flexiroute under exceptional circumstances* 
Total Approved Declined
2023-2024
July 2023-June 2024 149 120 29
2024-2025
July 2024 – June 2025 142 113 29 
*Exceptional circumstances as laid out in policy
a) Evidence of medical condition provided by doctor or medical consultant
b) Evidence of additional support need
c) Care experienced through residential, foster, formal kinship
d) Temporary housing placement.” 
As a supplementary question, Councillor Cullinane asked the Cabinet Member to
apologise for the accusation of causing anxiety at a previous Council meeting. 
Councillor Macaulay responded and advised his answer at the last Council meeting
was in relation to social media posts from the labour group that suggested the SNP
administration was full scale removing transport from ASN pupils, that was not the
case and that did cause panic. 
Councillor Macaulay also advised there were some issues but when raised with
Education the issues were rectified and those affected now have transport. 
(11)  a question by Councillor Marshall to the Cabinet Member for Finance in the
following terms: 
“In the Financial Year 24/25 what was the estimated gain or loss in productivity by
operating the policy working from home (WFH)?” 
Councillor Larsen thanked the Member for his question and responded in the
following terms:
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“North Ayrshire Council supports a flexible and skilled workforce by providing
flexibility around how and where employees carry out their work, enabling them to
maximise their productivity and performance.  Through consultation with our Trade
Union colleagues the Council identified four workstyles – each post within the
Council being attributed to a workstyle:  In Building, Mobile, Agile or Home. 
Managers play a vital role in ensuring their teams work effectively, regardless of
location or workstyle.  They achieve this by ensuring staff are clear on their required
workload and monitor this through collaboration and engagement to achieve
deadlines supported by regularly 121s. 
The Council recently conducted a survey on agile working and the results reflected
that: 
• 80% of respondents felt that agile working increased the quality and/or
productivity of work
• 79% of people said that agile working improved their work life balance
• 72% of people said that reduced travel time supported their health and
wellbeing
• 66% said that agile working reduced their travel costs
• 62% said that agile working increased their job satisfaction
• 48% of people who have caring responsibilities said that agile working helped
improve their health and wellbeing.” 
As a supplementary question, Councillor Marshall advised his question had not been
answered and asked if the Cabinet Member can provide the estimated gain or loss in
productivity without referring to the workforce survey? 
Councillor Larsen responded by advising that managers play a vital role through
managing their teams including having regular one-to-one meetings with their team
members, regardless of where employees are based to ensure that deadlines are
still met and the work was done.   
Councillor Larsen advised there are 12.5 FTE that work full time from home with the
rest of employees working on an agile basis. Elected Members also have the ability
to work on an agile basis and can join meetings on a hybrid basis. 
Councillor Larsen advised that we value and appreciate everything that staff do. She
further commented on the increasing pressures and that staff work really hard to
ensure services are delivered to the people of North Ayrshire and we thank them for
that. 
(12)  a question by Councillor McLean to the Cabinet Member for Education in the
following terms: 
“In a previous council meeting I asked the member whether North Ayrshire Council’s
policies and procedures regarding single sex spaces, including changing rooms and
toilets - including those used by staff, children and young people - were compliant
with the law. He assured me that all of our policies and procedures were compliant
with the law and specifically rejected the suggestion that North Ayrshire Council may
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be contravening the law. In the light of the recent Supreme Court Ruling in favour of
the biological definition of sex and gender, can the member please share with me if
North Ayrshire Council has had to review or change any of its policies and
procedures and if any resource has had to or will need to be spent to change or alter
any existing facilities?” 
Councillor Macaulay thanked the Member for his question and responded in the
following terms: 
“At the Council meeting of 14 May an amendment to a motion was agreed as
follows: 
“Council acknowledges the recent ruling by the Supreme Court of the United
Kingdom, issued on 16th of April 2025, and will ensure that all its policies, guidance
and practice are in full compliance with the law including taking into account the
EHRC guidance in the Court’s decision which is due to be issued in the coming
Summer.” 
In adherence to this, Officers from PMI and Education are currently engaged in a
scoping exercise to review all existing arrangements in our schools. An assessment
of any costs that may be required can only be made once this exercise has
completed and due consideration has been given to the range of the Council’s
relevant legal duties.” 
As a supplementary question, Councillor McLean asked how the Cabinet Members
confirm the veracity of responses to questions in the chambers before they make
them? 
Councillor Macaulay responded by advising that Councillor McLean referred to a
question he asked at the end of March but the ruling was made in mid-April and there
were implications to that.  The right course of action was to take time to look at what
that means for North Ayrshire Council, so we are not in the position of giving
inaccurate information in the Chamber. 
Councillor Macaulay advised it was a complex field that a number of Public Bodies
were also finding their way through and that was the responsible approach. 
(13)  a question by Councillor Angus-McDonald to the Leader of the Council in the
following terms: 
“Having hidden behind standing orders to block a debate on their cuts to school
crossing patrollers, does the SNP administration believe it would also be fair to block
parents campaigning for their children’s safety from petitioning the council using the
same six-month rule in standing orders?” 
The Leader of the Council thanked the Member for his question and responded in
the following terms: 
“I take exception to Councillor Angus-McDonald’s language, I am not blocking
anything. As I said earlier, we conduct our business in this council using a process
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that we have all signed up to and this kind of language doesn’t help reasonable
debate. We had a budget meeting, groups put forward their budget proposals, a vote
was taken and the budget was passed. 
The important point for me in this context, is what information was available to
members when the vote was taken and whether or not there was the opportunity for
our communities and residents to feed into the process. 
Council agreed to have a pre budget engagement exercise. It was one of our most
successful engagement exercises, not just in terms of numbers but in the detailed
feedback and comments. It was commended by the Accounts Commission. The
engagement exercise included a proposal to remove the school crossing service
completely. Respondents were not in favour of doing that and we had suggestions
that a review be carried out as some areas are busier than others and have different
circumstances. More than half our primary schools do not have a school crossing
patroller. Comments also asked that we look at other factors relating to road safety. 
We agreed that a review should be carried out using a nationally recognised
assessment process. This resulted in a decision to retain 22 school crossing patrols.
Since then we’ve agreed to reduce speed to 20mph on roads and we will be
launching a comprehensive road safety awareness campaign. The consultation
exercise was thorough and the responses detailed. No petitions were received prior
to the budget meeting in relation to school crossing patrols, but I am satisfied that the
budget engagement feedback was detailed and I’m sure that some of those people
that signed the petitions would have had the opportunity to contribute to the
engagement process, that information was helpful and influenced our subsequent
discussions and decisions.” 
As a supplementary question, Councillor Angus-McDonald referred to the road
assessments and asked the Council Leader who she thinks was right, the external
assessment done by camera or the parents that stand there every day? 
The Leader of the Council responded by advising that she was confident in the
assessment process carried out across the schools. She advised that if any
individual schools wanted to discuss safety at their schools, Officers would be happy
to do that.  The Leader referred to a meeting to discuss safety issues at a school
without a school crossing patroller in her ward which discussed inappropriate car
parking by parents. As some of the budget engagement respondents pointed out,
school crossing patrols are not the only issue in relation to road safety and more than
half of North Ayrshire primary schools do not have school crossing patrols. 
The Leader of the Council advised she appreciated the work parents have done at
Annick on the survey but cannot comment on that as there were a lot of factors taken
into consideration for the survey. The Leader of the Council advised she was happy
for officers to speak to parents at Annick Primary School to discuss any safety issues
specific to their school. 
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(14)  a question by Councillor McLean to the Cabinet Member for Green Environment
and Economy in the following terms: 
“To ask the member regarding North Ayrshire Council plans on what it will do with its
black bin and any commercial waste after December 31st this year? I ask this
question as some members of the current and previous administration have now
tried to jump on the bandwagon, claiming to have ‘always opposed’ the use of Waste
Incinerators, like the one being built in Oldhall. Some members have tried to claim to
opponents that the SNP and Labour parties have banned them, which isn’t true; we
have a moratorium, a pause. 
And the stated reason that the government gave for the pause on new licenses is
that there was a rush to build waste incinerators to meet this year's deadline, and
that there was a concern about overcapacity. There has also been concern raised
that current capacity is not sufficient and that this may mean sending waste to
England or even abroad. Does North Ayrshire Council plan to send its waste for
incineration and is North Ayrshire exploring or signing ‘bridging contracts’ with third
parties to deal with our waste in the new year?” 
Councillor Gurney thanked the Member for his question and responded in the
following terms: 
“The landfill ban to take effect 31 December 2025 covers biodegradable municipal
waste and will have no impact on the current arrangements in the Council for the
disposal of these waste streams. Since 2020 the Council has had a long-term
partnership contract in place for the processing of our non-recyclable household
(black bin) and commercial waste by incineration, as part of the Clyde Valley
Residual Waste Partnership. The partnership is with four other councils, East
Dunbartonshire, East Renfrewshire, Renfrewshire and North Lanarkshire, who are
the lead authority. Viridor, who is the waste processing contractor, removes
recyclable materials from the waste at their pre-treatment facility in Bargeddie, North
Lanarkshire, prior to recovering energy and heat from the remaining waste at an
energy from waste incineration facility in Dunbar, East Lothian. Further information is
available at: https://www.viridor.co.uk/about-us/our-communities/clyde-valley/. 
As the Clyde Valley Residual Waste Partnership contract runs until 2045, the Council
does not have a requirement to sign any bridging contracts with 3rd parties to deal
with our black bin and commercial waste in 2026, as this waste is managed by
Viridor through the Clyde Valley contract.” 
As a supplementary question, Councillor McLean asked how the current contractual
arrangements align with the policies around community wealth building, will North
Ayrshire allow waste from incinerators to go into landfill as the ban doesn’t extend to
that and if we would be exporting our own waste while importing others? 
Councillor Gurney responded by advising that most waste in North Ayrshire is
recycled and that the remaining waste goes to the incinerator.   Councillor Gurney
further advised that he was not aware of any remaining waste that was not
incinerated but he will be happy to check on this for Councillor McLean. 
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(15)  a question by Councillor McLaughlan to the Leader of the Council in the
following terms: 
“Who does the Council Leader think is correct – the SNP candidate in last-years
Kilwinning by-election who stated one of her priorities was road safety around
schools, or the Council Leader herself who thinks that removing existing school
crossing patrollers is a matter of fairness?” 
The Leader of the Council thanked the Member for her question and responded in
the following terms: 
“I think we can all agree that road safety is a priority without having to go back to the
words of a by-election candidate from last year. What is fair to me is having an
approach to road safety that is robust, transparent and consistent. For me it’s also
more than just about journeys to and from school. That’s why we agreed at the last
cabinet meeting to a 20mph speed limit on a number of our roads and why we will be
launching a road safety campaign for children and parents later this year. For
journeys at all times of the day for all of our children in all aspects of road safety. 
In relation to school crossing patrols, I’ve said previously that more than half of our
primary schools don’t have them because of previous decisions and we really need
to have an agreed assessment system, which we now have in place, and more
regular reviews will be carried out, hopefully every two years because circumstances
do change.  We now have an agreed, robust approach to road safety at our schools.” 
12. Motions 
On a point of order, Councillor Angus-McDonald asked the Provost if she would
exercise her discretion in accordance with Standing Order 10.5 to alter the order of
business to consider Motion (5) first. The Provost agreed to to exercise her
discretion accordingly. 
In terms of Standing Order 15, submitted: 
(5) a motion by Councillor Angus-McDonald, seconded by Councillor McLaughlan,
in the following terms: 
In terms of Standing Order 23.1, Councillor Angus-McDonald, seconded by Councillor
McLaughlan intimated that they wished to move a suspension of paragraphs 
15.4,  25.1 and Appendix B of Standing Orders, to consider and determine a petition
to retain school crossing provision and previously refused under the 6 month rule. 
Members asked questions of clarification of the movers of the motion. 
Councillor Burns, seconded by Councillor Macaulay, moved the direct negative to
the motion to suspend Standing Orders. 
The Monitoring Officer provided clarification that Standing Orders 15.4,  25.1 and
Appendix B of Standing Orders Relating to Meetings and Proceedings of the Council
are required to be suspended to allow consideration of the substantive motion.   
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The Monitoring Officer also provided clarification that if Standing Orders were
suspended, Council would proceed to hear from the petitioners and a similar process
to the Audit and Scrutiny Committee would be followed. 
On a division and roll call vote, there voted “not proceed” with suspension of
Standing Orders, Councillors Burns, Collier, Davidson, Dickson, Gurney, Inglis,
Johnson, Larsen, Macaulay, Marshall, McClung, McLean, McTiernan, Robertson and 
Stephen (15) and “to proceed” with suspension of Standing Orders, Councillors
Angus-McDonald, Bell, Cullinane, Currie, S. Ferguson, T. Ferguson, Foster,
Gallacher, Kerr, McLaughlan, Murdoch, D. Reid, D.L. Reid, and Sweeney (14). 
The Monitoring Officer provided clarification that the threshold of 17 members had
not been met for Council to proceed with the suspension of Standing Orders. 
Accordingly, the Council agreed not to proceed with suspension of Standing Orders
to allow consideration of the substantive motion and the item of business therefore
concluded without hearing the petition. 
(1) a motion by Councillor Murdoch, seconded by Councillor D.L Reid in the
following terms: 
“That North Ayrshire Council explore the potential to use solar powered lights,
security cameras and any other beneficial, low maintenance, solar powered items,
that would benefit our constituents and constituencies”. 
Members asked questions of clarification of the movers of the motion. 
As an amendment Councillor Gurney, seconded by Councillor Larsen, proposed the
following: 
“That North Ayrshire Council continue to explore the potential to use solar powered
lights, security cameras and any other beneficial, low maintenance, solar powered
items, that would benefit our constituents and constituencies”. 
Members asked questions of clarification of the movers of the amendment. 
There followed debate and summing up. 
On a division and roll call vote, there voted for the amendment, Councillors Burns,
Collier, Davidson, Dickson, Gurney, Johnson, Larsen, Macaulay, McClung,
McTiernan, Robertson (11) and for the motion, Councillors Angus-McDonald, Bell,
Cullinane, Currie, S. Ferguson, T. Ferguson, Foster, Gallacher, Inglis, Kerr, Marshall,
McLean, McLaughlan, Murdoch, D. Reid, D.L. Reid, Stephen and Sweeney (18) and
the motion was declared carried. 
Accordingly, the Council agreed as follows: 
“That North Ayrshire Council explore the potential to use solar powered lights,
security cameras and any other beneficial, low maintenance, solar powered items,
that would benefit our constituents and constituencies”.
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In terms of Standing Order 6.8, the Provost agreed that the meeting be adjourned at
4.08 p.m. for a short comfort break, reconvening at 4.17 p.m. with the same
Members and officers present and in attendance, 
(2) a motion by Councillor Marshall, seconded by Councillor Inglis, in the following
terms: 
“Zero based budgeting is an approach to budgeting that starts from the premise that
no costs or activities  should be factored into the plans for the next year's Budget just
because they figured in the cost or activities for the previous Financial Year rather
everything that is to be included in the Budget must be considered and justified. 
We move, noting the Financial restraints under which Public Authorities are
operating in Scotland, and in seeking value for money for Council Tax Payers, that
North Ayrshire Council now adopt Zero Based Budgeting in principal and for the
Financial year 26/27 introduce this in a phased manner commencing with costs and
activities that are discretionary”. 
Members asked questions of clarification of the movers of the motion. 
At the invitation of the Provost, the Chief Executive provided clarification on the
LGBF indicators that show our corporate services are among the most efficient in
Scotland, we do not have a surplus in resources in that respect. In terms of zero
based budgeting, we do not have the capacity across the Council but utilise this
approach to an extent already when we undertake service reviews. 
The Chief Executive advised the approach was used to save £800,000 from the
Economic Development Service and on the overspends in Waste to build up the
budget. 
As an amendment Councillor Larsen, seconded by Councillor Gurney, proposed the
following: 
“Zero based budgeting is an approach to budgeting that starts from the premise that
no costs or activities  should be factored into the plans for the next year's Budget just
because they figured in the cost or activities for the previous Financial Year rather
everything that is to be included in the Budget must be considered and justified. 
We move, noting the Financial restraints under which Public Authorities are operating
in Scotland, and in seeking value for money for Council Tax Payers, that officers be
instructed to provide detailed information of discretionary spend, allowing members
the opportunity to have more detailed discussions with Officers when working through
the 26/27 budget process and approach Budget Day.” 
In terms of Standing Order 16.5, and with the agreement of his seconder, Councillor
Marshall agreed to amend his motion in accordance with the amendment which
became the substantive motion. There being no further amendment, the motion, as
amended, was declared carried. 
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Accordingly, the Council agreed as follows: 
“Zero based budgeting is an approach to budgeting that starts from the premise that
no costs or activities  should be factored into the plans for the next year's Budget just
because they figured in the cost or activities for the previous Financial Year rather
everything that is to be included in the Budget must be considered and justified. 
We move, noting the Financial restraints under which Public Authorities are operating
in Scotland, and in seeking value for money for Council Tax Payers, that officers be
instructed to provide detailed information of discretionary spend, allowing members
the opportunity to have more detailed discussions with Officers when working through
the 26/27 budget process and approach Budget Day.” 
(3) a motion by Councillor Inglis, seconded by Councillor Marshall, in the following
terms: 
“Council notes: 
• That North Ayrshire Council has committed to achieving net-zero carbon
emissions by 2030, a target that is more ambitious than the UK Government
(2050) and the Scottish Government (2045).
• That the pursuit of this target has already incurred significant costs and places
pressure on frontline services such as roads and education.
• That many core powers for emissions reduction lie with national government
and industry, limiting the local authority’s direct impact.
• That local resident — including elderly people, working families, and small
business owners — are facing significant financial pressures and expect
Council resources to prioritise essential services. 
Council believes: 
• That Council spending should focus on core priorities that deliver clear local
benefits, rather than meeting externally driven targets.
• That accountability and affordability must come before ambitious policy goals
that may affect service delivery.
• That public confidence depends on aligning Council action with local needs, not
political agendas. 
Council therefore resolves: 
• To formally withdraw its commitment to achieving net-zero carbon emissions by
2030.
• Subject to adhering to its obligations under the Climate Change (Scotland) Act
and any existing contracts:
o To cease all projects, programmes, or spending being undertaken
primarily to meet the 2030 net-zero target.
o To instruct that no further reports, strategies, or officer time be allocated
to the delivery or planning of the 2030 net-zero target”. 
Members asked questions of clarification of the movers of the motion.
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On a point of order, Councillor Gurney asked and received clarification on our legal
responsibilities to the Climate Change Scotland Act 
The Monitoring Officer provided clarification that Council would continue to comply
will all statutory obligations. 
Councillor Inglis advised he would be happy to include in the motion that all statutory
obligations and contracts would continue to be adhered to. 
As an amendment Councillor Gurney, seconded by Councillor Larsen, proposed the
following: 
“Council notes: 
• That North Ayrshire Council has committed to achieving net-zero carbon
emissions by 2030, a target that is more ambitious than the UK Government
(2050) and the Scottish Government (2045)
• That many core levers for emissions reduction lie with national government
and industry, limiting the local authority’s direct impact
• That local resident are facing significant financial pressures and expect
Council resources to reflect Council Plan priorities
• The Climate Change (Scotland) Act 2009 places a legal responsibility on
relevant public bodies to adhere to the Climate Change Duties
• That the Intergovernmental Panel on Climate Change’ noted in their 2018
Special Report that the world had until 2030 to limit global warming to 1.5oC
before irreversible damage occurred to the planet 
Council believes: 
• That Council spending should focus on core priorities that deliver clear local
benefits
• That accountability and affordability must be key factors when defining our
ambitious policy goals
• That the residents of North Ayrshire are directly affected by the climate
emergency, with this risk growing if action is not taken now, and that it is
therefore vital net-zero remains a Council Plan priority
• That there is significant potential for our journey to net-zero to positively
impact the well-being of our residents, to create local employment and to
provide community wealth building opportunities
• That projects such as the solar farms at Shewalton and Nethermains;
improving the energy efficiency of our tenants’ homes and our Council
buildings; and adapting to the changing climate through schemes like the
flood prevention works on Cumbrae have tangible social, economic and
environmental benefits 
Council therefore resolves:
• To continue to meet its statutory obligations and to work toward net-zero as
part of a just transition in a way that is fair and inclusive to all.
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Members asked questions of clarification of the movers of the amendment. 
There followed debate and summing up. 
On a point of order, Councillor Todd Ferguson advised that Councillor Currie should
not take part in the vote as he was distracted during the debate. 
Councillor Currie confirmed that he would take not part in the vote. 
On a division and roll call vote, there voted for the amendment, Councillors Angus-
McDonald, Bell, Burns, Collier, Cullinane, Davidson, Dickson, Foster, Gurney,
Johnson, Kerr, Larsen, Macaulay, McClung, McLaughlan, McTiernan, D. Reid,
Robertson and Sweeney (19) and for the motion, Councillors  S. Ferguson, T.
Ferguson, Gallacher, Inglis, Marshall, McLean and Stephen (7) Councillor Murdoch
and D.L Reid abstaining and the amendment was declared carried. 
Accordingly, the Council agreed as follows: 
“Council notes: 
• That North Ayrshire Council has committed to achieving net-zero carbon
emissions by 2030, a target that is more ambitious than the UK Government
(2050) and the Scottish Government (2045)
• That many core levers for emissions reduction lie with national government
and industry, limiting the local authority’s direct impact
• That local resident are facing significant financial pressures and expect
Council resources to reflect Council Plan priorities
• The Climate Change (Scotland) Act 2009 places a legal responsibility on
relevant public bodies to adhere to the Climate Change Duties
• That the Intergovernmental Panel on Climate Change’ noted in their 2018
Special Report that the world had until 2030 to limit global warming to 1.5oC
before irreversible damage occurred to the planet 
Council believes: 
• That Council spending should focus on core priorities that deliver clear local
benefits
• That accountability and affordability must be key factors when defining our
ambitious policy goals
• That the residents of North Ayrshire are directly affected by the climate
emergency, with this risk growing if action is not taken now, and that it is
therefore vital net-zero remains a Council Plan priority
• That there is significant potential for our journey to net-zero to positively
impact the well-being of our residents, to create local employment and to
provide community wealth building opportunities
• That projects such as the solar farms at Shewalton and Nethermains;
improving the energy efficiency of our tenants’ homes and our Council
buildings; and adapting to the changing climate through schemes like the
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flood prevention works on Cumbrae have tangible social, economic and
environmental benefits 
Council therefore resolves:
• To continue to meet its statutory obligations and to work toward net-zero as
part of a just transition in a way that is fair and inclusive to all. 
Councillor Marshall left the meeting at this point. 
(4) a motion by Councillor Foster, seconded by Councillor Cullinane, in the
following terms: 
This Council notes and affirms:
• The vital role that independent advocacy plays in upholding the rights,
amplifying the voices, and improving outcomes for Care Experienced people
across Scotland, enabling individuals to express their views, understand their
rights, and participate meaningfully in decisions that affect their lives.
• The commitments made in The Promise to ensure that Care experienced
children and adults must have the right and access to independent advocacy,
at all stages of their experience of care and beyond and must ensure that
advocacy is separate from statutory organisations and service providers.
• Its duties under the United Nations Convention on the Rights of the Child
(UNCRC), particularly Article 12, which guarantees every child the right to
express their views freely in all matters affecting them and to have those
views given due weight. We acknowledge the role of independent advocacy in
ensuring that child-friendly routes to justice are accessible and effective in
practice.
• That the current levels of independent advocacy for Care Experienced people
across Scotland may leave many unable to access advocacy at the point of
need. This is unacceptable and undermines efforts to uphold children's rights
and deliver on The Promise.
• Council should be funded and supported to ensure that every Care
Experienced person should have access to advocacy if they need it, to be
heard, to be respected, and to thrive. 
Council therefore moves:
• To support the Who Cares? Scotland “Action on Advocacy” campaign, which
calls for a statutory right to Independent Advocacy to be included within the
Care and Young People (Scotland) Bill.
• To instruct the Chief Executive to write to the Minister for Children, Young
People and Keeping the Promise Natalie Don-Innes asking her to ensure that
such a right is included in the Bill, supported by sufficient funding and a clear
framework for delivery.
• To commit to reviewing the current provision of independent advocacy for
Care Experienced people within this local authority area, identifying any gaps
in access or delivery, and working with community planning partners who are
also Corporate Parents to strengthen local provision.
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• To continue to engage with Care Experienced people locally, ensuring their
views and experiences shape how independent advocacy is delivered in our
area and influence our work on the Promise. 
As an amendment Councillor Macaulay, seconded by Councillor Johnson, proposed
the following: 
In section "Council therefore moves" remove the third bullet point starting "To commit
to reviewing..." delete point and replace with 
"To note North Ayrshire currently provides independent advocacy services for Care
Experienced children, young people, and adults, ensuring they have a voice in
decisions that affect them across a range of settings, including social care, health,
education, and transitions. 
A Strategic Plan for Independent Advocacy has been approved by IJB. This plan
outlines a coordinated approach to advocacy support, with objectives to improve
access, ensure quality, and uphold the rights of individuals receiving care and
support. 
The Council remains committed to:
Continuing to identify and address gaps in the access to or delivery of independent
advocacy across the area. 
Working collaboratively with Community Planning Partners, including those with
Corporate Parenting responsibilities, to strengthen and enhance local advocacy
provision for Care Experienced individuals. 
This work supports North Ayrshire’s ongoing duty to uphold the rights, wellbeing, and
participation of Care Experienced people in all aspects of their care and life
decisions." 
In terms of Standing Order 16.5, and with the agreement of his seconder, Councillor
Foster agreed to amend his motion in accordance with the amendment which
became the substantive motion. There being no further amendment, the motion, as
amended, was declared carried. 
Accordingly, the Council agreed as follows: 
This Council notes and affirms:
• The vital role that independent advocacy plays in upholding the rights,
amplifying the voices, and improving outcomes for Care Experienced people
across Scotland, enabling individuals to express their views, understand their
rights, and participate meaningfully in decisions that affect their lives.
• The commitments made in The Promise to ensure that Care experienced
children and adults must have the right and access to independent advocacy,
at all stages of their experience of care and beyond and must ensure that
advocacy is separate from statutory organisations and service providers.
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• Its duties under the United Nations Convention on the Rights of the Child
(UNCRC), particularly Article 12, which guarantees every child the right to
express their views freely in all matters affecting them and to have those
views given due weight. We acknowledge the role of independent advocacy in
ensuring that child-friendly routes to justice are accessible and effective in
practice.
• That the current levels of independent advocacy for Care Experienced people
across Scotland may leave many unable to access advocacy at the point of
need. This is unacceptable and undermines efforts to uphold children's rights
and deliver on The Promise.
• Council should be funded and supported to ensure that every Care
Experienced person should have access to advocacy if they need it, to be
heard, to be respected, and to thrive. 
Council therefore moves:
• To support the Who Cares? Scotland “Action on Advocacy” campaign, which
calls for a statutory right to Independent Advocacy to be included within the
Care and Young People (Scotland) Bill.
• To instruct the Chief Executive to write to the Minister for Children, Young
People and Keeping the Promise Natalie Don-Innes asking her to ensure that
such a right is included in the Bill, supported by sufficient funding and a clear
framework for delivery.
• To continue to engage with Care Experienced people locally, ensuring their
views and experiences shape how independent advocacy is delivered in our
area and influence our work on the Promise.
• To note North Ayrshire currently provides independent advocacy services for
Care Experienced children, young people, and adults, ensuring they have a
voice in decisions that affect them across a range of settings, including social
care, health, education, and transitions.  A Strategic Plan for Independent
Advocacy has been approved by IJB. This plan outlines a coordinated
approach to advocacy support, with objectives to improve access, ensure
quality, and uphold the rights of individuals receiving care and support. 
The Council remains committed to:
• Continuing to identify and address gaps in the access to or delivery of
independent advocacy across the area.
• Working collaboratively with Community Planning Partners, including those
with Corporate Parenting responsibilities, to strengthen and enhance local
advocacy provision for Care Experienced individuals. 
This work supports North Ayrshire’s ongoing duty to uphold the rights, wellbeing, and
participation of Care Experienced people in all aspects of their care and life
decisions." 
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(6) a motion by Councillor Cullinane, seconded by Councillor Sweeney, in the
following terms: 
In terms of Standing Order 23.1, Councillor Cullinane, seconded by Councillor
Sweeney intimated that they wished to move a suspension of Standing Orders 15.4
and 25.1 to reconsider a decision taken at the Budget Meeting on 26 February 2025
to remove school crossing patrollers. 
Councillor Burns, seconded by Councillor Macaulay, moved the direct negative to
the motion to suspend Standing Orders. 
On a division and roll call vote, there voted “not proceed” with suspension of
Standing Orders, Councillors Burns, Collier, Davidson, Dickson, Gurney, Inglis,
Johnson, Larsen, Macaulay, McClung, McTiernan, Robertson and  Stephen (13) and
“to proceed” with suspension of Standing Orders, Councillors Angus-McDonald, Bell,
Cullinane, Currie, S. Ferguson, T. Ferguson, Foster, Gallacher, Kerr, McLean,
McLaughlan, Murdoch, D. Reid, D.L. Reid, and Sweeney (15). 
The Monitoring Officer provided clarification that the threshold of 17 members had
not been met for Council to proceed with the suspension of Standing Orders. 
Accordingly, the Council agreed not to proceed with suspension of Standing Orders
to allow consideration of the motion. 
(7)  a motion by Councillor McLean, seconded by Councillor S. Ferguson, in the
following terms: 
“That this Council reaffirms its commitment to genuine localism and community
sovereignty and acknowledges the long-standing failure of centralised locality
planning to protect the distinct identity, services, and economic prospects of smaller
villages across North Ayrshire. 
Council recognises the deep erosion of civic infrastructure in communities such as
Dreghorn and Springside - where local schools, libraries, and assets have been at
risk of removal or amalgamation into larger administrative zones - leaving residents
with fewer services, less say, and no meaningful control over their own futures. 
Council supports the principles outlined in the ‘Building a Local Scotland’ campaign
and agrees that the current locality model disempowers smaller communities by
subsuming them into bureaucratic arrangements dominated by larger neighbours. 
Accordingly, Council agrees as follows:
• To instruct officers to bring forward a report including the financial implications
of any recommendations to a future meeting of the Council outlining:
o How this authority can create and empower structures beneath the
current locality level with meaningful decision-making powers and input
over local regeneration, planning influence, and budgets.
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o A full audit of what powers and levers of control are currently denied to
villages like Dreghorn and Springside - and how these might be
restored or devolved.
o New mechanisms for allowing villages to lead on local high street
renewal, economic development, cultural and community
programming, employment schemes, and asset ownership.
o Opportunities for villages to develop unique economic and civic
identities, with support to pursue distinct regeneration strategies.
o A review of relevant statutory frameworks - including the Islands
(Scotland) Act 2018,  and the Community Empowerment (Scotland) Act
2015 - to ensure full alignment with national expectations on bottom-up
governance. The developing Local Governance Review should also be
taken into account as part of the review.
o A new programme for developing village-level community plans,
treated as if they were statutory requirements akin to the Islands
(Scotland) Act 2018- ensuring every village has a voice in setting its
own priorities and direction.
• To allocate funding of £50,000 from the Change and Service Redesign Fund
for initial scoping work to be undertaken to inform the future report.
Council affirms that no community - however small - should be absorbed, silenced,
or sidelined. Power must return to the people, starting with the villages that are at
risk to lose the most. 
Members asked questions of clarification of the movers of the motion. 
Councillor Murdoch left the meeting at this point. 
As an amendment Councillor Macaulay, seconded by Councillor Burns moved the
direct negative. 
There followed debate. 
On a division and roll call vote, there voted for the amendment, Councillors Angus-
McDonald, Bell, Burns, Collier, Cullinane, Currie, Davidson, Dickson, Foster,
Gurney, Johnson, Kerr, Larsen, Macaulay, McClung, McLaughlan, McTiernan, D.
Reid, D.L. Reid, Robertson and Sweeney (21) and for the motion, Councillors S.
Ferguson, T. Ferguson, Gallacher, Inglis, McLean and Stephen (6) and the
amendment was declared carried. 
Accordingly, the Council agreed not to proceed with the motion. 
The meeting ended at 5:35 p.m.
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OFFICIAL INFORMATION
OFFICIAL INFORMATION    
PROVOST’S
REPORT
For the period covering: 16 June – 7 September
2025 
The attached report gives a summary and brief details to Council, of
meetings and events attended by the Provost of North Ayrshire
Council, Councillor Anthea Dickson. 
Agenda Item 4
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PROVOST’S REPORT
• • •
1
OFFICIAL INFORMATION
OFFICIAL INFORMATION
PROVOST’S REPORT
For the period covering: 16 June – 7 September 2025 
Since the last meeting of the Council, I have taken part in many events, including: 
Irvine Royal Academy Summer Cabaret,16 June
On 16 June, I attended Irvine Royal Academy’s Summer Cabaret and Barbeque. It was good
to see so many families there supporting the event and witnessing the outstanding musical
talent and performances.
Opening of Montgomerie Park Primary School, Irvine,17 June
On 17 June, I attended the opening of Montgomerie Park Primary School in Irvine by the
Cabinet Secretary for Education and Skills. The building is most impressive, and it is evident
that the school community is already very strong, supportive and confident.
Hayley House 70th Anniversary, Largs, 19 June
I attended the 70th Anniversary celebrations at Hayley House in Largs on 19 June. Families
and residents alike were keen to take part in the celebrations. It was good to meet the trustees
and management team and hear a bit more about the history of the care home.
A Night at the Musicals, Garnock Community Campus, Glengarnock, 19
June
On 19 June, I attended an excellent evening of entertainment in Garnock Community Campus.
The show, “A Night and the Musicals” was full of laughs and great songs and was very
enjoyable. I never fail to be impressed by the excellent shows produced by our schools. 
Stanecastle Opening Ceremony, Irvine, 20 June
On 20 June , I officially marked the opening of 29 modern and energy-efficient council homes
on the former Stanecastle School site. This £8m development, supported by over £3m Scottish
Government grant funding, has seen the creation of seventeen general needs homes, as well
as eight homes suitable for wheelchair living and four amenity bungalows.
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PROVOST’S REPORT
• • •
2
OFFICIAL INFORMATION
OFFICIAL INFORMATION
Launch of DYW Projects, Lockhart Campus, 20 June
Also on 20 June, the Lord Lieutenant and I attended the launch of two new projects at Lockhart
Campus, Lockhart Domestic Service and Lockhart Community Shop (Campus Creations).
These projects help develop the skills of those taking part in preparation for future
employment. This is another triumph for the school and Developing the Young Workforce
Ayrshire.
Visit by Consul General of Brazil, Kelburn Castle and Estate, Fairlie, 20
June 
On the afternoon of 20 June, I had the privilege of meeting the Consul General to Brazil in
Scotland and his Depute at Kelburn Castle and Estate in Fairlie. We discussed links between
Scotland and Brazil and how these might be enhanced. 
Irvine Sea Cadets & Royal Marines Cadets 80th Anniversary, Army Reserve
Centre, Dreghorn, Irvine, 21 June
On 21 June, Irvine Sea Cadets and Royal Marine Cadets marked their 80th anniversary with a
parade through Dreghorn and a community fun day at their unit. It was a pleasure to be able to
participate and chat to the young people and hear of their experiences and ambitions.
Ayrshire Fiddle Orchestra Summer Concert, Ayr Town Hall, 21 June
Ayrshire Fiddle Orchestra held their summer concert in Ayr Town Hall on 21 June. It is always
a delight to be there and support our orchestra members from North Ayrshire and listen to the
talented players handling complex traditional pieces of music. This was a great evening of
entertainment setting the orchestra up for their summer Iberian Tour.
Cunninghame Housing Association Tenants Conference, Seamill Hydro,
West Kilbride, 24 June
I attended Cunninghame Housing Association’s Annual Tenants Conference on 24 June in
Seamill Hydro. It was good to meet with some of the tenants and the support services who
were in attendance. This is a great platform for the tenants to raise any issues or concerns
they have, learn about new initiatives and have the opportunity to engage with partner
organisations. 
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PROVOST’S REPORT
• • •
3
OFFICIAL INFORMATION
OFFICIAL INFORMATION 
Fitzsimmons Wynd Opening Event, Ardrossan, 26 June
On 26 June, I was delighted to officially open 19 new energy-efficient homes on the site of the
former James McFarlane School in Ardrossan. This £5m development, supported by £2m of
Scottish Government funding, has seen the creation of a mix of general needs homes, amenity
bungalows, and homes suitable for wheelchair users. The development is named Fitzsimmons
Wynd named after the last Provost of Ardrossan, John Henry Fitzsimmons, and I was pleased
to meet members of his family who were in attendance.
Edgar Allan Poe Event, Harbour Arts Centre, Irvine, 26 June
I attended an Edgar Allan Poe event in the Harbour Arts Centre on 26 June. Arranged by North
Ayrshire based, Poetic Justice Productions, the event explored Poe’s connection to Irvine.
Special guest, Enrica Jang, Executive Director of Poe International, based in Baltimore,
discussed details of the mysterious circumstances surrounding Poe’s death. This was a very
entertaining and informative evening.
Echoes from the Deep Concert, Scottish Maritime Museum, Irvine, 27 June
On 27 June, I attended the “Echoes from the Deep” concert in the Scottish Maritime Museum,
Irvine. This international music event celebrated the rich maritime and cultural heritage shared
between Poland, Ukraine and Scotland. It was great to meet the Consul Generals of Poland
and Ukraine and witness great performances from the Ukrainian choir, Solo Way and the
Polish shanty choir, Zawisza Czarny.
Armed Forces Day, Irvine, 28 June
On 28 June, I attended an Armed Forces Day service led by the Irvine branch of the Royal
British Legion. It was an opportunity to acknowledge all those people serving in our Armed
Forces and to show our appreciation for the work that they do.
Royal Garden Party, Edinburgh, 1 July
On 1 July, I attended the Royal Garden Party at the Palace of Holyrood, Edinburgh. People
throughout Scotland attended the event, many of those being volunteers who give up their free
time to serve their local community. It was good to see a good representation from North
Ayrshire being recognised for the work they carry out and the difference they make to the lives
of others. 
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PROVOST’S REPORT
• • •
4
OFFICIAL INFORMATION
OFFICIAL INFORMATION
Meet Visitors from Priceton Theological College, New Jersey, Beith Parish
Church, 10 July
On 10 July, I welcomed visitors from New Jersey to Beith Parish Church. They went on to visit
the Auld Kirk in Beith due to the historic connection with Dr John Witherspoon, who was
Minister there in the mid 1700’s before emigrating to America where he was a signatory on the
declaration of Independence. Dr Witherspoon was also a founding member of Princeton
University. 
NODA Ayrshire, Memorial Bench Launch, Irvine, 14 July
On 14 July, I attended the office of No One Dies Alone Ayrshire in Bank Street Irvine for the
unveiling of a memorial bench. This was a suitable tribute to one of the volunteers at NODA
who recently passed away. I also had the opportunity to meet some of the volunteers and their
families and hear about the work of the organisation and the support they give to others.
Grand Opening Youth Legacy Centre, Irvine, 19 July
I attended the grand opening of the Youth Legacy Centre in Irvine on 19 July which has
relocated to the Rivergate Centre. It was good to meet some of the young people and the
partners involved and hear about the excellent work they do. I was also grateful for the
opportunity to wish them all well in their new base.
Bourtreehill 50th Anniversary Commemoration Service St. John Ogilvie’s
Church, Irvine, 27 July
On 27 July, I attended an ecumenical service in St. John Ogilvie’s Church in Irvine to
commemorate the 50th anniversary of Bourtreehill. It was great to see so many people there to
mark this milestone and to reflect on the past and look forward to the future.
Three Town Growers Annual Duck Day, Elm Park, Ardrossan, 2 August
On 2 August, I attended the Three Town Growers’ Annual Duck Day in Ardrossan. It is always
impressive to see the development of the Group each year. Great to see so many people
involved and witness the positive impact and growth that the Three Towns’ Growers has on the
local community. 
Lochshore Highland Games, Lochshore Park, 2 August
On 2 August, I managed to pop in to see how much fun was had by those taking part in the 1st
Highland Games at Lochshore. Judging by the laughter and enthusiasm, I am sure that this is
the start of great things to come.
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PROVOST’S REPORT
• • •
5
OFFICIAL INFORMATION
OFFICIAL INFORMATION
The Shed, Kilwinning, 13 August
On 13 August, I visited The Shed in Kilwinning Main Street. This is the current location of 
Kilwinning Men’s Shed that also includes women’s groups. The enthusiasm, connection and
creativity are always inspiring in Sheds, and it is really pleasing to see how much it has helped
bring people together to share and develop their practical and creative skills.
Ayrshire Hospice Homecoming Reception, Ayr, 13 August
On 13 August, I attended a reception at the Ayrshire Hospice to mark the opening of their
renovated premises. The transformation is most impressive and offers a wonderfully calming
and welcoming environment. I am sure that this will enhance care and maximise opportunities
for patients, family members and the community.
Marymass Festival, Irvine, 14-25 August
This year’s Marymass Festival took place from 14-25 August. I attended various events during
the period of the festival and was impressed by the amount of activity taking place, the huge
amount of volunteers involved and the sheer number of people attending, which was in the
many thousands. I hosted a reception in Irvine Townhouse prior to the crowning of the
Marymass Queen and afterwards, a reception on Irvine Moor. The focus of the reception on
Irvine Moor was to celebrate volunteers and voluntary organisations. This gave me the perfect
opportunity to acknowledge the excellent work carried out by a wide range of volunteers and
thank them for all the work that they do. A total of £1000 was raised at the reception, which will
be donated to the Marymass Festival Committee and be put toward the running costs of next
year’s Festival.
Grand Opening of BABCA Community Garden, Towerlands Community
Centre, Irvine, 15 August
On 15 August, I attended the grand opening of Bourtreehill and Broomlands Community
Association’s new community garden. This is a fantastic example of how the Council’s Locality
Planning Partnership is working with community organisations to take pride in local venues. 
Drama for Wellbeing Showcase: Empowering Young Voices: Climate
Action and Wellbeing, Harbour Arts Centre, Irvine, 15 August
On the afternoon of 15 August, I attended the Drama for Wellbeing Showcase in the Harbour
Arts Centre. Primary and secondary school pupils delved into challenging themes, crafting
powerful scripts and performance pieces. The programme was open to all and offered a
unique opportunity for young people to explore their creativity and build their confidence.
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OFFICIAL INFORMATION
Marymass Queen Elect and Marys’ Visit to Cunninghame House, Irvine, 19
August
On 19 August, the Marymass Queen Elect, Laicey Dewar and her four Marys Mia Loudoun,
Eve McCabe, Miley Smith and Kaitlyn Gilmour visited Cunninghame House. It was great to
hear all about their ambitions and wishes and what Marymass Festival means to them and
their families. 
Beat the Street, Fairlie Primary School, 27 August 
On 27 August, I attended the Beat the Street award ceremony at Fairlie Primary School. Beat
the Street North Ayrshire officially ended after six exciting weeks of walking, cycling, running.
scooting and wheeling. I was delighted to be able to present certificates to those individuals
and teams at the top of the leaderboards and to acknowledge everyone who took part.
Largs Viking Festival, Largs, 30 August – 7 September
On 30 August, after taking part in the opening parade, I officially opened the 2025 Largs Viking
Festival. The Festival gives us a fantastic opportunity to showcase Largs and indeed North
Ayrshire, at its very best, to the thousands of visitors who will attend the many events taking
place over the week of the Festival. I also attended the Festival of Fire, on 6 September, the
dramatic Festival finale featuring the Battle Re-enactment, torchlit parade and fireworks.
Events like these have a such a positive impact on our communities and highlight the
inspirational work carried out by voluntary organisations and individuals.
Ministerial Visit, Lochshore Park, 3 September
On 3 September, Cabinet Secretary, Shirley-Anne Somerville MSP visited Lochshore Park. It
was a pleasure to welcome her and to see the excellent work being carried out by the
employability team, who have opened their new base in the Garnock Valley. The Equal team
guides people with long-term health conditions and disabilities into work and training.
Dalry Community Council Awards, Bowling Club, Dalry, 5 September
On 5 September, I attended Dalry Community Council’s Awards evening in Dalry Bowling
Club. I was extremely delighted to present the awards to the Young Person of the Year and
Team of the Year. It is wonderful to see volunteers being recognised for the huge contribution
they make in their local community for the benefit of others. Volunteers are the lifeblood of any
community and North Ayrshire has many shining examples of the excellent work they carry out
and the positive impact they have on all our communities. 
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OFFICIAL INFORMATION 
Councillor Anthea Dickson
Provost North Ayrshire Council
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Official Information
Official Information 
LEADER’S
REPORT
For the period covering: 16 June – 7 September
2025 
The attached report gives a summary and brief details to Council, of meetings
and events attended by the Leader of North Ayrshire Council, Councillor Marie
Burns. 
Agenda Item 5
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LEADER’S REPORT
For the period covering: 16 June – 7 September 2025
IRVINE ROYAL ACADEMY SUMMER CABARET, 16 June 
On 16 June, I was invited along to Irvine Royal Academy’s Summer Cabaret. Well done to all
the pupils on another first-class performance and, of course, to all the teachers and staff
involved in putting the show together.  It was a great way to celebrate the end of the school
year.  
SCOTTISH GOVERNMENT PLACE AND WELLBEING BOARD MEETING, 17
June 
On 17June, I attended a meeting of the Scottish Government Place and Wellbeing Board. The
Programme Board provides direction, oversight and a decision-making authority for the
delivery of the Place and Wellbeing Programme as well as reporting to the Care and Wellbeing
Portfolio Board. 
Attendees received various verbal presentations including a Marmot Places update, a
Programme update and a Population Health Framework update.  North Ayrshire Council is one
of three Scottish local authorities that are collaborating with health experts on ways to improve
health and well-being for residents.  The wide-ranging partnership will examine ways to
strengthen and accelerate actions that will reduce health inequities for people living in North
Ayrshire, Aberdeen City and South Lanarkshire.  Health boards in each of the three areas will
also work alongside Public Health Scotland (PHS) and University College London’s Institute of
Health Equity (IHE), on the two-year long Collaboration for Health Equity in Scotland (CHES). 
MONTGOMERIE PARK PRIMARY SCHOOL OFFICIAL OPENING, 17 June 
Later on, the17 June, I was delighted to attend the official opening of Montgomerie Park
Primary school in Irvine.  The school was officially opened by Scottish Government Cabinet
Secretary for Education and Skills, Jenny Gilruth MSP and it was great to be able to welcome
the Minister back to North Ayrshire. 
Developed by hub South West Scotland and delivered by their construction partner Robertson
Construction Central West, the facility is also special as it the is the first ‘Passivhaus’ school in
the area. Passivhaus Standard delivers buildings which provide a high level of comfort for
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occupants, while using very little energy for heating and cooling. The new school will use
significantly less energy than a typical school building, resulting in lower carbon emissions, and
lower energy bills.
Montgomerie Park is an incredible, state-of-the-art building providing a first-class, learning and
teaching environment of the highest quality, one which I am sure the pupils will thrive in.
GREENWOOD ACADEMY JUNIOR PRIZEGIVING, 18 June 
On 18 June, I was delighted to attend Greenwood Academy’s Junior Prizegiving evening.  This
was another great evening spent with pupils and teachers and provided the opportunity of
hearing more about pupils’ achievements throughout the year.
NHS AYRSHIRE AND ARRAN AUDIT AND RISK COMMITTEE, 19 June 
On 19 June, I attended an NHS Audit and Risk Committee (ARC) meeting where attendees
discussed various Internal Audit and Governance papers.  The Committee were also
presented with several Governance reports, which included the following: 
• National IT Services
• NSS Practitioner Services
• Payment Verification Annual Report
• Patient Exemption Checking – Annual Report 2024/25
• Strategic Risk Register
The Committee also identified and agreed any issues of risk that would be reported to the Risk
and Resilience Scrutiny and Assurance Group.
MEETING OF THE AYRSHIRE ECONOMIC PARTNERSHIP BOARD, 23 June 
On 23 June, I attended a meeting of the Ayrshire Economic Partnership Board (AEPB) where
attendees received the Draft Ayrshire Growth Deal Annual Report April 2024 – March 2025.  
Board members agreed the content of the report and recommended approval to the Ayrshire
Economic Joint Committee (AEJC) for the following: 
(i) Note progress with the Ayrshire Growth Deal (AGD) during the 12-month period April
2024 – March 2025– which relates to the accumulative activities from the date of
Deal signing (19 November 2020) to 30 March 2025.
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(ii) The Annual Report 2024/25 and placement on the AGD website and wider
publication following approval of UK and Scottish Government colleagues on the final
draft.
AYRSHIRE ECONOMIC JOINT COMMITTEE, 23 June 
Later on, 23 June, I attended a meeting of the Ayrshire Economic Joint Committee (AEJC). 
The Committee received various reports providing updates on the following: 
• Ayrshire Growth Deal (AGD) Programme Update
• AGD Programme Risk Register Update
• AGD Governance Update
• AGD Annual Report April 2024 – March 2025
NHS AYRSHIRE AND ARRAN AUDIT AND RISK COMMITTEE, 24 June 
On 24 June, I attended another NHS Audit and Risk Committee (ARC) meeting held
specifically to look at the annual accounts for 2024-25.  These were agreed and will be
presented to the NHS Ayrshire and Arran Board for final approval.
AYRSHIRE ECONOMIC JOINT COMMITTEE SUB-COMMITTEE, AYRSHIRE
SKILLS INVESTMENT FUND (ASIF), 24 June 
Later on, the 24 June, I chaired a meeting of the Ayrshire Economic Joint Committee Sub-
Committee, Ayrshire Skills Investment Fund (ASIF). 
Attendees received reports on various streams of work, including: 
• Ayrshire Skills Investment Fund Delivery Model Review – Approval of Grants
• Employer Grants In House Delivery – Survey Update
There was also a verbal update on EKOS, the company who are responsible for providing
regular reporting on progress of the AGD. 
ELECTED MEMBER DEVELOPMENT SESSION, 26 June 
On 26 June, I attended an Elected Member Development session on The Equal Programme
“Closing the Disability Employment Gap”.  The EQUAL Programme is a supported employment
service engaging with people with disabilities and long-term health conditions and provides a
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wide range of opportunities to develop confidence and skills to progress to sustainable
employment.  The EQUAL team have just opened a Disability Employment Hub at Lochshore
Park which creates more opportunities to enhance the environment, increase health and
wellbeing while preparing people for the world of work.
COSLA LEADERS’, 27 June 
On 27 June, I attended a meeting of COSLA Leaders.   It was another packed agenda which
included the following items for discussion: 
• Pay Update 
• Council Tax Reform Engagement 
• Scottish Government Public Service Reform Strategy 
• Reduction in Class Contact Time 
• Scottish Climate Intelligence Service 
• UKG Welfare Reform Consultation 
• Scotland’s Housing Challenges 
• EHRC Code of Practice Consultation 2025 
• COSLA Manifesto 
• Flood Risk Management 
• Local Government Finance Update 
The refreshed Scottish Government Public Service Reform Strategy was published on 19th
June 2025. COSLA was involved in a Public Service Reform summit in February alongside
100 senior leaders with the aim of agreeing a shared vision, priorities and approach.
There are three pillars, linked closely to the Christie Commission key principles, with
workstreams under each pillar:
• Prevention 
• Joined-Up Services
• Efficient Services
• Foundation workstreams
COSLA is keen to state the ambitions, Local Governance Review and Public Service Reform
should be viewed through the Verity House Agreement (VHA) priorities, with shared
governance at its core. 
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NHS AYRSHIRE AND ARRAN HEALTHCARE GOVERNANCE COMMITTEE, 4
August 
On 4 August, I attended an NHS Ayrshire and Arran Healthcare Governance Committee where
attendees received numerous Annual reports detailing progress in their respective areas,
including reports from the Area Drug Therapeutics Committee, Area Nutrition Strategic Group,
Infection Prevention and Control Team and Mental Welfare Commission Annual Assurance
Report. 
The Committee was also presented with annual reports on Patient Experiences, Complaints
and Safety Reports followed by an Integrated Health and Care Governance Framework
biennial review.
SCOTTISH GOVERNMENT PLACE AND WELLBEING BOARD MEETING, 6
August 
On 6 August, I attended a meeting of the Scottish Government Place and Wellbeing Board.
The Programme Board provides direction, oversight and a decision-making authority for the
delivery of the Place and Wellbeing Programme as well as reporting to the Care and Wellbeing
Portfolio Board.   
The main item of discussion was the Population Health Framework.  Developed by the
Scottish Government and COSLA, working with Public Health Scotland, Directors of Public
Health and key, local, regional, and national partners, it sets out 30 actions across five primary
prevention drivers of health and wellbeing: 
• A prevention focused system
• Social and economic factors 
• Places and communities – including a specific action to ‘build a resilient and sustainable
community and voluntary sector’
• Enabling healthy living
• Equitable access to health and care. 
The Communities Workstream seeks to strengthen the role of community and voluntary
organisations in supporting the health and wellbeing within our local communities. 
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NHS AYRSHIRE AND ARRAN BOARD MEETING, 11 August 
On 11 August, I attended a meeting of the NHS Ayrshire and Arran Board meeting.  Attendees
received updates relating to performance and healthcare governance.  There was also a good
news story outlining the success of the Robotics department and how it has been beneficial to
patients and clinicians. 
The meeting was also attended by the new interim NHS A&A Chief Executive, Gordon James. 
I would like to wish Clare Burden, the outgoing Chief Executive, all the best for the future.
VISIT TO SCOTTISH MARITIME MUSEUM, TRASHION SHOW, 13 August 
On 13 August, I visited the Scottish Maritime Museum to attend an exhibition entitled “Trashion
Show” which follows on from the successful community exhibition created by an
intergenerational group from the local Irvine community. Some of the items on display were
created during workshops running during the summer holidays. 
This was a powerful exhibition with a clear message about environmental stewardship and
making better choices for our oceans and the environment. 
MARYMASS OPENING FESTIVAL, 14 August 
On the 14 August, I attended the Marymass Festival Opening Ceremony at the Townhouse in
Irvine.  I would like to congratulate Gordon Storrar on being re-elected as Captain of Irvine
Carters.
BROOMLANDS AND BOURTREEHILL COMMUNITY ASSOCIATION,
COMMUNITY GARDEN OPENING, 15 August 
On 15 August, I was delighted to attend the official opening of Broomlands and Bourtreehill
Community Association (BABCA) community garden at Towerlands Community Centre.  I
know this will bring our community together by providing a lovely setting in the heart of the
community. 
Congratulations to all those involved in working to achieve this. 
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WELLBEING SHOWCASE, CLIMATE ACTION AND WELLBEING, 15 August 
Later on, 15 August, I was delighted to go along to a “Wellbeing Showcase” held at the
Harbour Arts Centre.  The event uses the power of drama therapy to connect young people,
allowing them to express themselves whilst addressing issues relating to Climate Action and
Wellbeing.   
Congratulations to all the young people involved in putting on a powerful performance covering
the key themes of:
• Plastic world 
• A Sea Change in the Forest
• Earth Needs Help Adventure
• Climate Heroes
• Go Go Green Machine
MARYMASS SATURDAY, 23 August 
I was delighted to go along to Marymass Saturday on 23 August and see the crowning
ceremony of the Marymass Queen, Laicey Dewar.  I took part in the parade up to Irvine Moor
and attended the Provost’s Reception and lunch.   
My thanks to Provost Anthea Dickson for a lovely afternoon and my congratulations to the
Royal Marymass Party who have performed their duties so well as part of the longstanding,
local traditions of Irvine.
MARYMASS CHURCH SERVICE, 25 August 
On 25 August and to wrap up Marymass 2025, I attended a church service at St Mary’s
Church in Irvine.  It was a lovely service by Father Kelly who highlighted the importance of
bringing people together and to value the importance of the community spirit, such as that
seen during the Marymass Festival. 
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THE THREE TOWNS LOCALITY VISIT, 28 August 
On 28 August, together with North Ayrshire Council Chief Executive, Craig Hatton, I took part
in another one of our locality visits, this time to visit the Three Towns. 
The first part of the visit was to Fitzsimmons Wynd in Ardrossan to visit the recently built £5m
housing development of general needs houses, amenity bungalows and homes suitable for
wheelchair users. It was supported by £2m of Scottish Government funding.  The development
is at the site of the former James McFarlane school and provides 19 new energy-efficient
homes.  The development has been named “Fitzsimmons Wynd” after the last Provost of
Ardrossan, John Henry Fitzsimmons. 
The properties support the Council’s efforts to combat climate change and tackle carbon
emissions. They have been built with environmentally friendly features such as enhanced
building insulation, air-source heat pumps, solar photovoltaic panels, low-energy lighting and
water-saving fixtures and fittings. 
From there it was visit to Ardrossan Harbour to meet with North Ayrshire Council Regeneration
Team to look at the Low-Carbon Hub and Coastal projects, more specifically the Active Travel
element of the project including a recently installed 6 rapid EV charging bays and bike shelters. 
The Active Travel team have done extensive work around this providing first class options for
those wishing to choose a greener, low cost means of travel. 
Finally, the visit finished with the official opening of the Ardrossan Coastal Path. The path,
which is a key element of the Ardrossan North Shore regeneration programme, has been
designed and constructed in partnership between North Ayrshire Council and Sustrans
with close coordination through the design stage and with a construction funding
contribution of £1.5M. This programme comprises phased development of this former oil
terminal site to include the Ardrossan Community Campus, residential and commercial
development.
It forms part of a greater structure comprising a coastal revetment and reinforced
concrete sea wall and includes segregated cycle and footways, six buildouts and
related benches. 
My thanks again to everyone involved in these visits and for setting time aside to meet with us. 
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COSLA LEADERS’, 29 August 
On 29 August, I attended a meeting of COSLA Leaders’.   It was a busy agenda which
included the following items for discussion: 
• COSLA Manifesto 
• National Care Service Advisory Board
• Fiscal Framework 
• European Charter of Local Self-Government
• Residential Outdoor Education
• Universal Credit Two Child Limit Mitigation
• Scottish Government Housing Emergency Action Plan
• Packaging Extended Producer Responsibility
• Local Government Finance and Council Tax Reform Update
• Scottish Climate Intelligence Service 
• UKG Welfare Reform Consultation 
• Scotland’s Housing Challenges 
• EHRC Code of Practice Consultation 2025 
• COSLA Manifesto 
• Flood Risk Management 
• Local Government Finance Update 
The Scottish Government Cabinet Secretary for Housing, Ms McAllan is keen to work with
Local Government through COSLA to address current Housing challenges. The Housing
Emergency action plan is expected to be issued in late September with the Housing Bill having
reached Stage 3, with committee debate expected to take place in the next 1-2 months. 
VISIT BY SCOTTISH GOVERNMENT CABINET SECRETARY, 3 September 
On 3 September, I was delighted to welcome Scottish Government Cabinet Secretary for
Social Justice, Shirley-Anne Somerville to North Ayrshire (Ardrossan Parent Hub then
Lochshore) to learn more about our Parental Employment Service as well as our EQUAL
Programme.  The visit was part of the launch of the Specialist Employability Support (SES)
which will be delivered through “No One Left Behind” and Local Employability Partnerships
(LEPS) across Scotland. 
North Ayrshire Council’s EQUAL Programme is an established and successful SES delivery
model and has been selected as a model of best practice for Scotland.  It was also fantastic
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that the Cabinet Secretary was able to formally open the Equal Programme service at its new
home in Lochshore Hub.
1ST TIER JOINT CONSULTATIVE COMMITTEE & CORPORATE HEALTH AND
SAFETY GROUP MEETING, 4 September 
On 4 September, I chaired a meeting of the 1st Tier Joint Consultative Committee and the
Corporate Health and Safety Group.  Attendees received Health and Safety reports from
various Directorates including PLACE, Communities and Education and from the Health and
Social Care Partnership.  The Committee also received a Risk and Audit Update.
NHS AYRSHIRE AND ARRAN HEALTHCARE GOVERNANCE COMMITTEE, 5
September 
On 5 September, I attended an NHS Ayrshire and Arran Healthcare Governance Committee
where attendees received reports on patient safety and patient experiences. 
The Committee were also asked to consider and note progress on various Governance reports
and to look at various assurance reports that fall under the Committee’s remit.
MEETING OF THE AYRSHIRE ECONOMIC PARTNERSHIP BOARD, 5
September 
On 5 September, I attended a meeting of the Ayrshire Economic Partnership Board (AEPB)
where attendees received reports on the Ayrshire Growth Deal (AGD) Internal Audit Annual
Report 2025/26 and the AGD Internal Audit Annual Plan for 2025/26.
AYRSHIRE ECONOMIC JOINT COMMITTEE, 5 September 
Also on 5 September, I attended a meeting of the Ayrshire Economic Joint Committee (AEJC), 
The Committee received reports on the Ayrshire Growth Deal (AGD) Internal Audit annual
report for 2025/26, the AGD Internal Audit Plan for 2025/26 and an AGD Economic Modelling
Update. 
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Councillor Marie Burns
Leader of North Ayrshire Council
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NORTH AYRSHIRE COUNCIL
17 September 2025
North Ayrshire Council
Title: North Ayrshire Community Planning Partnership (CPP) Board:
Minutes of Meeting held in June 2025
Purpose: To submit the overview of the meeting of the North Ayrshire
Community Planning Partnership Board held on 5 June 2025.
Recommendation: That Council the Council notes the overview contained in
Appendix 1.
1. Executive Summary
1.1 It was previously agreed that the Minutes of the Community Planning Partnership
(CPP) Board be submitted to North Ayrshire Council for information. They are also
uploaded to the Community Planning website at www.northayrshire.community. The
key matters arising from the minutes have been highlighted for the attention of Council
and are detailed in Section 2.1.
2. Background
2.1 An overview of the meeting of the CPP Board held on 5 June 2025 is appended. This
meeting focused on the CPP focuses of Child Poverty and Wellbeing. Matters for the
Council's attention include the following:
Meeting of 5 June 2025
Agenda Item 3
CPP partners participated in a workshop facilitated by the Fairer Futures team to inform
future work of the team, encourage closer discussion, increase understanding of the
partners areas of work and provide opportunities for partnership working and support.
Partners were asked to consider children’s rights in relation to the community
perspectives on child poverty collected through recent engagement. Discussions then
followed on the impact of experiencing child poverty in North Ayrshire.
Agenda Item 4
CPP Partners were provided with an update on an update on the Community
Learning & Development Strategic Plan which looks to target unmet needs within
North Ayrshire Communities. Amongst other updates, work to date has established
new protocols and processes for data sharing by introducing a new management
Agenda Item 7
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information system, making it more cost effective and allowing case studies and
deeper information to be captured to support improvement work. 
Agenda Item 5
The CPP Board received an update on the National Community Planning Self-
Assessment undertaken by the Improvement Service as well as the CPP Development
Programme which has been developed using the results. Some of the proposed areas
of focus are to:
• Evaluate current CPP governance and identify opportunities for pan Ayrshire
working across the 3 CPP’s to simplify the landscape for partners.
• Develop closer links between CP P Senior Officers Group and CPP Board,
focusing on the annual performance workshop and CPP Annual Report.
• Deliver a CPP Development Day for the CPP Senior Officers Group and Board
in early 2026.
Agenda Item 6
Finally, the CPP Board received an update on North Ayrshire's Collaboration for Health
Equity in Scotland (CHES). After its initial launch CHES is currently at the assess and
planning stage, looking at how partners can work together more effectively and how we
can support those who need support to access services that can help. Partners were
invited to reach out with any comments or suggestions for future 2025 CPP Board
sessions.
3. Proposals 
3.1 That the Council notes the meeting overview contained in Appendix 1. 
4. Implications/Socio-economic Duty
Financial
4.1 None. 
Human Resources 
4.2 None. 
Legal 
4.3 None. 
Equality/Socio-economic 
4.4 None.
Climate Change and Carbon
4.5 None.
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Key Priorities 
4.6 The CPP activities detailed within this report support the Local Outcomes Improvement
Plan. 
Community Wealth Building 
4.7 None. 
Islands Communities Impact Assessment (ICIA) 
4.8 None. 
United Nations Rights of the Child (UNCRC) 
4.9 None. 
Consumer Duty 
4.10 None. 
5. Consultation 
5.1 No consultation was required. 
David W. Hammond
Executive Director Communities & Housing 
For further information please contact Jacqui Greenlees, Senior Manager (Policy,
Performance and Community Planning), on 01294 324415. 
Background Papers
Appendix: 1 CPP Board Minutes, 5 June 2025
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Community Planning Partnership Board 
5 June 2025 10.00am
Garnock Committee Room, Ground Floor, Cunninghame House, 
Irvine, KA12 8EE 
Present 
North Ayrshire Council 
Cllr Marie Burns, Elected Member (Chair)
Cllr Shaun Macaulay, Elected Member
Cllr Charles Currie, Elected Member
Craig Hatton, Chief Executive
David Hammond, Executive Director 
Rhonda Leith, Head of Service
Sam Anson, Executive Director
Caroline Cameron, Director HSCP 
Department of Work and Pensions
Pauline Craig, Regional Lead
NHS Ayrshire and Arran
Lisa Davidson, Assistant Director (Public Health) 
Police Scotland
Supt Graeme Gallie 
Scottish Fire and Rescue 
Kevin Murphy, Local Senior Officer 
TACT Scotland
Kaileigh Brown, Executive Director 
SDS
Claire Tooze, Area Manager 
In Attendance 
Jacqui Greenlees (NAC), Angela Gibson (NAC), Stewart Robbie (NAC), Jenni Blair
(NAC), Laura Kayes (NAC), Donna Martin (NAC) 
Apologies 
Cllr John Bell, Elected Member, Cllr Scott Davidson, Elected Member, Cllr Margaret
Johnson, Elected Member, Angela Cox (Ayrshire College), Claire Burdon NHS, Cllr Alan
Hill Elected Member, Cllr Amanda Kerr Elected Member, Allan Comrie, Scottish
Partnership for Transport, Angela Cox, Ayrshire College, Dean Anderson DWP, Lesley
Bowie NHS, Vicki Yuill Arran CVS 
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1.  Welcome and Apologies  
The Chair welcomed everyone to the meeting and apologies for absence were noted.   
2.  Minute of the Previous Meeting 
The minutes from the Board meeting held on 10 March 2025 was approved. 
3. Fairer Future’s Partnership Presentation (Donna Martin) 
Donna Martin provided the Board with a presentation on the Fairer Futures Partnership,
advising that North Ayrshire’s Child Poverty figure, after housing costs, have seen the
highest drop with the figure falling from 29.2% to 24.3%.  This figure is still too high and
there is still a lot of work to be done but this is positive news that things are moving in the
right direction. 
A copy of the presentation will be circulated to the Board for information. 
Workshop Session 
The workshop sessions were designed to encourage closer discussion, increase 
understanding of the partners areas of work and provide opportunities for partnership
working and support. 
Session 1 
Participants were split between 2 tables and asked to consider children’s rights in relation
to the community perspectives on child poverty.  Participants had a copy of an illustration
which contained all outputs from our Community Conversations.  Participants were
provided with articles to read and were asked to match each section to what they felt was
the relevant UNCRC article on the illustration. There was a lot of discussion on the
interconnected nature of the articles, and how multiple articles could be applied to the same
topic. 
Discussion took place around personal experiences.  Views shared included: 
• the importance of having access to good public transport especially for those living on
Arran or in the Garnock Valley
• access to schools and medical assistance on Arran is made difficult due to ferry issues
• need to evaluate what services are available and identify any gaps in service provision 
Session 2 
For activity 2, partners were asked to consider the impact of experiencing child poverty.
Participants were provided fact sheets which included stats on how poverty can affect
health, education, aspirations, and social inclusion. There was discussion on how we would
minimise these impacts, for example linking with the NHS, offering more vocational and
mentoring options and focusing on early years to lessen the attainment gap. 
Views shared included: 
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• some parents feel unable to support their children’s educational aspirations
• shame is a barrier
• as education has improved some parents feel like they haven’t received the same
level of education which is having a knock-on affect for parents who feel like they are
unable to support their children’s education 
• some parents feel like they don’t have the knowledge or skills to help with homework
• some parents feel intimidated when entering school buildings
• there is a need to work with/support parents whose children are in their late teens and
are entering the workforce as they leave school to support them in the transition.
• Are we putting too much pressure on teachers 
At the end of the workshop session D Martin invited each participant from the two tables to
share their views with the whole group on what they would take away from the workshop
sessions.
Views shared included :
• Presentation and workshop exercises were excellent and keep the focus on what
we are trying to do
• Important to focus on what we are trying to achieve
• Encouraging to see everyone working together and linking in with each other
• Illustration is excellent and gives a clear view of what can be done to engage more
with parents to help children to thrive
• Delighted to see adult learning overlapping, work being carried out is great and what
we expected
• A lot is already happening
• Good conversation took place around how to enable and support people 
• Improved communication and delivery are welcome as a way of reframing the
language around thriving
• Encouraging to see everyone looking at different approaches and ways of
communicating
• Encouraging to see different ways of thinking
• Early intervention is key
• Important to keep in mind not to overcomplicate what is required
• Necessary to take the conversation out into the community
• Early buy in is key
• Vaping in young people is a huge issue, worse than smoking
• There is lots of support out there however work is needed to be done around
marketing how to access it 
4. CLD Strategic Plan Update 
Angela Morrell provided the Board with an update on the Community Learning &
Development Strategic Plan covering the following: 
• Key work is not possible without support from everyone involved
• Looking to target unmet needs within North Ayrshire Communities
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• Established new protocols and processes for data sharing by introducing a new
management information system which has made it more cost effective and allows
us to capture case studies using information to look at improvements
• There is an increase in the emphasis of Community Learning & Development as a
profession 
5. CPP Self Assessment Update  
Jacqueline Greenlees provided the Board with an update on the National Community
Planning Self-Assessment covering the following: 
Proposed areas of focus are:
• Evaluate current CPP governance and identify opportunities for pan Ayrshire
working across the 3 CPP’s
• Continue to implement the CPP Development Programme
• Develop closer links between CPSOG and CPP Board, focusing on annual
performance workshop
A point to highlight on the CPP Development Programme is that a separate session or
subgroup is proposed to move forward the work on the CPP Governance Review. 
6. CHES - Collaboration for Health Equity in Scotland (CHES) 
Sam Anson provided the board with an update on CHES covering the following: 
• CHES is currently at the assess and planning stage
• Looking at how partners can work together more effectively
• Looking at health inequalities and how we can support those who need the most
help to access services that can help
• North Ayrshire has the highest level of adult loneliness
S. Anson invited anyone with comments to reach out to him, noting that he would include
them as discussion items for the next meeting in September
7. Child Poverty and Cost of Living - Reflections
David Hammond provided his reflections on the discussion which took place during the
meeting covering the following points:  
• It is important that we all continue to engage and redouble our efforts.
• There is an awareness around everyone’s diary commitments and turnover of
representatives.
• Request for everyone’s continued commitment
• Looking at dates in the diary for a further development session
• Looking to increase capacity with funding
• Aware that there is an ongoing commitment and common shared understanding of
what community working looks like
• The most important partnership is with our communities
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• Look at who our anchor partners are
• Support needs to be available to everyone
8. AOCB
No other business was discussed.  The Chair conveyed her thanks to everyone for their
valuable input and attendance.
Councillor Currie also noted his appreciation to all those who presented and participated.
The next meeting of the North Ayrshire CPP Board will be held on 11 September 2025. 
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NORTH AYRSHIRE COUNCIL
17 September 2025
North Ayrshire Council
Title: Findings of Hearing Conducted by the Standards
Commission for Scotland. 
Purpose: To note and consider the findings of a hearing by the
Standards Commission for Scotland.
Recommendation: That Council (i) notes and considers the decision of the
Standards Commission dated 6th August 2025 attached at
Appendix 1 of the report and (ii) intimates to the Standards
Commission that consideration of the findings has been
undertaken by Council.
1. Executive Summary
1.1 A hearing was conducted by the Standards Commission on 30th July 2025 into an
alleged contravention of the Councillors’ Code of Conduct by Councillor Donald Reid.
The hearing found that there had been a breach of paragraphs 3.1 and 3.3 of the Code.
1.2   Council is required by statute to consider the findings and decision of the Standards
Commission.
2. Background
2.1 The Standards Commission for Scotland conducted a hearing on 30th July 2025 to
consider an alleged contravention of the Councillors’ Code of Conduct by Councillor
Donald Reid at a meeting of the Kilwinning Locality Partnership on 12th February 2024.
It was alleged that he had breached paragraphs 3.1 and 3.3 of the Councillors’ Code of
Conduct which are as follows:
“Respect and Courtesy 
3.1: I will treat everyone with courtesy and respect. This includes in person, in
writing, at meetings, when I am online and when I am using social media
3.3: I will not engage in any conduct that could amount to bullying or harassment
(which includes sexual harassment). I accept that such conduct is completely
unacceptable and will be considered to be a breach of this Code.”
2.2  The Commission’s panel heard evidence at the hearing on 30th July from a number of
participants, including Councillor Reid and having heard the relevant parties and
submissions made both in writing and orally concluded that:  
Agenda Item 8
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1. “The Councillors’ Code of Conduct applied to the Respondent, Councillor Reid.
2. The Respondent had breached paragraphs 3.1 and 3.3 of the Code and a restriction
on his right to freedom of expression that such a finding would entail could be
justified.”
The written decision containing the deliberations, reasoning and findings from the
Commission is annexed at Appendix 1 of this report.
2.3 Council is required by section 18(2) of the Ethical Standards in Public Life Act etc
(Scotland) Act 2000 to consider the findings of the hearing within 3 months of the
receipt or within such longer period as the Standards Commission may specify in
writing.  The findings of the Commission were intimated to the Council on 6th August
2025 and the Council requires to consider them within 3 months of that date.
3. Proposals
3.1 It is recommended that Council:
(i) notes  and considers the findings of the hearing and
(ii)intimates to the Standards Commission that consideration to the findings
has been undertaken by Council.
4. Implications/Socio-economic Duty
Financial
4.1 There are no financial implications arising directly out of this report.
Human Resources
4.2 There are no implications on human resources arising from this report.
Legal
4.3 The Council is under a statutory duty to consider the findings of the Standards
Commission in terms of section 18 of the Ethical Standards in Public Life etc (Scotland)
Act 2000 and thereafter advise the Commission that such consideration has been
undertaken.
Equality/Socio-economic
4.4 There are no implications arising from this report.
Climate Change and Carbon
4.5 None.
Key Priorities
4.6 Not applicable. This is a statutory report on the outcome of a hearing.
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Community Wealth Building 
4.7 None. 
Islands Communities Impact Assessment (ICIA) 
4.8 None. 
United Nations Rights of the Child (UNCRC) 
4.9 None. 
Consumer Duty 
4.10 None. 
5. Consultation 
5.1 None. 
Aileen Craig 
Head of Services (Democratic) 
For further information please contact Aileen Craig, Head of Service (Democratic), on 
01294 324125 or by email to acraig@north-ayrshire.gov.uk. 
Background Papers
0
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COUNCILLOR DONALD REID
NORTH AYRSHIRE COUNCIL 
Page 1 of 21
Decision of the Hearing Panel of the Standards Commission for Scotland following the
Hearing held at North Ayrshire Council Headquarters, Cunninghame House, Irvine on
Wednesday, 30 July 2025. 
Panel Members: Dr Lezley Stewart, Chair of the Hearing Panel 
Mrs Morag Ferguson 
Mr Malcolm Bell 
The Hearing arose in respect of a report referred by Mr Ian Bruce, the Ethical Standards Commissioner (the
ESC), further to complaint reference LA/NA/4086, concerning an alleged contravention of the Councillors’
Code of Conduct (the Code) by Councillor Donald Reid (the Respondent). 
The ESC and Respondent represented themselves at the Hearing. 
REFERRAL
Following an investigation into complaints received in March 2024 about the conduct of the Respondent, the
ESC referred a report to the Standards Commission on 27 May 2025, in accordance with the Ethical Standards
in Public Life etc. (Scotland) Act 2000. 
On receipt of the report, the Standards Commission determined to take no action in respect of two issues of
complaint, which alleged that the Respondent had breached confidentiality and failed to declare an interest.
In making this decision, the Standards Commission noted the ESC had found the information the Respondent
had disclosed was not confidential and that any connection he may have had to the matter being discussed
would not amount to a declarable interest. 
Having reviewed the ESC’s report, the Standards Commission was satisfied that the Respondent’s conduct in
respect of these two issues would not amount to a breach of the Code. In the circumstances, the Standards
Commission concluded that it was neither proportionate, nor in the public interest, for it to consider the two
issues at a Hearing. 
The Standards Commission nevertheless decided to hold a Hearing in respect of the other issue of complaint,
as outlined in the referral report. The substance of this was that the Respondent had failed to comply with
paragraphs 3.1 and 3.3 of the Code, which were as follows: 
Respect and Courtesy
3.1: I will treat everyone with courtesy and respect. This includes in person, in writing, at meetings, when I am
online and when I am using social media. 
3.3: I will not engage in any conduct that could amount to bullying or harassment (which includes sexual
harassment). I accept that such conduct is completely unacceptable and will be considered to be a breach of
this Code. 
Preliminary Matters
The Hearing Panel noted that the ESC found that the Respondent had, on the face of it, contravened the Code
in respect of the issue to be considered at the Hearing. The Panel noted that the ESC concluded, nonetheless,
that a restriction on the Respondent’s right to freedom of expression under Article 10 of the European
Convention on Human Rights (ECHR) could not be justified and, as such, a formal finding of breach could not
be made. 
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COUNCILLOR DONALD REID
NORTH AYRSHIRE COUNCIL 
Page 2 of 21
The Panel advised those present that the Standards Commission decided it was both proportionate and in
the public interest to hold a Hearing on the issue. This was because the Standards Commission considered
that holding a Hearing (and the associated publicity) could promote the provisions of the Codes of Conduct
and the ethical standards framework. It further considered that the alleged breach that was the subject of
the issue was not insignificant or of a technical, minor nature. 
The Panel noted it was its role to make a final decision on whether the Code had been breached, and that in
doing so, it could reach a different conclusion to that of the ESC’s report. 
EVIDENCE PRESENTED AT THE HEARING 
Joint Statement of Facts
The Panel noted that a joint statement of facts had been agreed between the ESC and the Respondent. This
recorded that it was not in dispute that:
• Complaints had been received from four individuals concerning the conduct of the Respondent during
an online scoping meeting of the Kilwinning Locality Partnership on 12 February 2024. 
• The Respondent was acting in his capacity as a councillor at the time of the events in question and, as
such, the Code was engaged. 
• The meeting had been convened to allow the Locality Partnership to discuss an ‘expression of interest’
from Kilwinning Heritage and to consider whether it could apply for funding. Kilwinning Heritage is a
local history society, comprised of volunteers, which receives funding from the Council, and the
expression of interest was for a prospective award of grant funding of up to £62,500. 
• The expression of interest was presented by a member of the public, Ms A, on behalf of Kilwinning
Heritage. 
Introductory Remarks from the ESC
The ESC explained that the Respondent was first elected as a councillor in 2002 and served in the role until
2007. Having been re-elected in 2012, the Respondent had remained in post since then, meaning he was an
experienced councillor. 
The ESC explained that four individuals had complained to his office about the conduct of the Respondent
during an online scoping meeting of the Kilwinning Locality Partnership on 12 February 2024. The ESC advised
that all four Complainers had a connection to a local history society, Kilwinning Heritage, which received
funding from, inter alia, North Ayrshire Council. The ESC advised that, at the meeting, the first Complainer,
Ms A, was representing Kilwinning Heritage in respect of an expression of interest. The ESC advised that he
had found the way the Respondent had treated Ms A at the meeting on 12 February 2024 was discourteous
and disrespectful, and amounted, on the face of it, to a breach of paragraph 3.1 of the Code. The ESC
explained that this was because while he was satisfied the Respondent had not directed any personal
comments towards Ms A, he had nevertheless found that he had been rude, aggressive and confrontational.
The ESC advised, however, that he was not persuaded the Respondent’s conduct would meet the threshold
for being a breach of paragraph 3.3 of the Code (being the provision that requires councillors to refrain from
any conduct that could amount to bullying or harassment).   
The ESC noted, in any event, that the Respondent was entitled to freedom of expression under Article 10 of
the ECHR. The ESC advised he did not consider, in the circumstances of the case, that a restriction on this
right, which a formal finding of a breach of the Code and imposition of a sanction would entail, could be
justified. 
Witness Evidence on behalf of the ESC
The ESC led evidence from four witnesses, all of whom had attended the meeting on 12 February 2024. 
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COUNCILLOR DONALD REID
NORTH AYRSHIRE COUNCIL 
Page 3 of 21
Ms A: Ms A confirmed she had been representing Kilwinning Heritage at the meeting. Ms A advised that after
a Council officer had made some introductory remarks, the Respondent had put questions to her “for the
majority” of the meeting. Ms A advised that, other than one question at the end, the Respondent had been
the only individual to put questions to her. Ms A explained that while she could not recall exactly how many
he had asked she felt, at the time, that they were “coming thick and fast”. 
Ms A noted she had advised the ESC, in her complaint, that she had been subjected to a series of interrogative
and bullying questions. When asked why she considered the Respondent’s conduct had been inappropriate,
Ms A explained she felt his questions were aggressive and accusatory in nature. Ms A contended that the
Respondent had not let her finish an answer before asking another question, and that he had been speaking
over her. Ms A explained this made her feel as though she was not providing answers, when she had been
trying to do so. Ms A advised that the Respondent repeatedly told her that answers she gave were “not right”,
before immediately asking another question. Ms A noted that she had not been expecting to provide the
level of detail that the Respondent expected (and did not consider it appropriate he was seeking such
information), given she was only speaking to an expression of interest (as opposed to a full funding
application). 
Ms A advised that she felt bullied by the Respondent. Ms A explained this was because he was constantly
interrupting her and was clearly not listening to her answers. Ms A acknowledged the Respondent had not
directed any personal comments towards her but recalled when she mentioned something about documents
in the archives, the Respondent has stated that the last time he checked, Kilwinning was not on the sea so
there would be no reason for Kilwinning Heritage to retain documents about boats. Ms A advised she had
considered this comment to be “very rude” and dismissive. 
Ms A explained that Kilwinning Heritage had put in a great deal of effort, and had worked with Council
officers, to ensure the application submitted met the requirements for this stage of the funding process. Ms
A advised it was her understanding that the matter would not have moved to the expression of interest stage
had it not met these. Ms A advised that while she had never previously appeared before the Kilwinning
Locality Partnership, she had a great deal of experience of presenting to funding bodies in her professional
role and had never previously experienced such aggressive questioning. 
Ms A advised that, on two occasions, the Respondent interrupted her before she had even managed to get
halfway through her answer. He had then repeated the same question before speaking over her again. Ms A
advised that it was also apparent from the Respondent’s questions that he had not read the paperwork
properly. Ms A advised that the Respondent’s camera was switched off during the meeting, meaning she was
unable to get any visual clues or prompts from him. Ms A indicated that both these factors may have
contributed to the situation and her perception that he was being rude and disrespectful. 
When asked why she considered some of the Respondent’s questions to be inappropriate, Ms A explained
he had asked a number of challenging questions about part of the bid that related to renting property, when
all that was required at the expression of interest stage was high level figures. Ms A noted that it was not
until the next stage of the process that a full business case, including a breakdown of figures, would be
provided. 
Ms A was asked whether it would have been evident to those in attendance during the online meeting that
she was upset. Ms A advised she thought this would have been the case as she had become flustered, her
face had turned bright red, she had been on the verge of tears and had begun to stutter over her words. Ms
A advised that no council officers or other elected members had intervened, but she had observed that
several individuals present appeared to be exasperated by the Respondent’s conduct. 
Ms A advised that, at one point, the Respondent alleged that Kilwinning Heritage was struggling for members.
Ms A advised she did not consider this to be the case, and in any event the issue was irrelevant to the
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COUNCILLOR DONALD REID
NORTH AYRSHIRE COUNCIL 
Page 4 of 21
expression of interest. Ms A advised the extent of the Respondent’s questions about the financial matters
meant she was unable to speak about the potential community benefits associated with the application. 
When asked how the Respondent’s conduct had made her feel, Ms A advised she had been very upset. Ms A
explained she had telephoned her daughter immediately after the meeting and had been crying so much
during the call that, until she had managed to calm down, she had been unable to explain what had
happened. Ms A advised that, in her entire professional career, she had never previously been treated in that
manner. Ms A noted that she and everyone else involved with Kilwinning Heritage were unpaid volunteers
and that the application for council funding was made in good faith. Ms A acknowledged that councillors had
every right to decide not to support an application but contended the Respondent’s conduct had been very
poor and wholly unnecessary. 
In response to questions in cross-examination from the Respondent, Ms A acknowledged that normally the
individual who submitted an application would be the one to appear and speak to it at meetings. Ms A
advised, however, that she was the Project Manager for this proposal and, in this case, was the person who
knew the detail of what was being proposed for the archive and why funding was required. 
Mr B: Mr B advised that he attended the online meeting on 12 February 2024 because, as Vice Chair of
Kilwinning Heritage, he had worked with Ms A and others to prepare the expression of interest. 
Mr B recalled that the Respondent’s questioning of Ms A had lasted about ten minutes. Mr B advised that
the Respondent’s interventions were more statements or criticisms, than questions. Mr B advised that the
Respondent made a number of incorrect assumptions and was both critical and “needlessly difficult” in his
approach. Mr B noted that there was a clear imbalance of power between the Respondent and Ms A, and it
felt like the Respondent was abusing his position. 
Mr B explained that he had previously been a member of Kilwinning Locality Partnership and, despite having
over nine years’ experience of assessing funding applications from community groups, had never experienced
anything like the Respondent’s conduct before. As such, he had been both taken aback and shocked. Mr B
advised he considered it was clear from his questions that the Respondent did not understand the archive
project (that was the subject of the application) and, therefore, it was both discourteous and disrespectful
for him to have made statements about what could and should be done with it. 
Mr B explained he considered the Respondent made statements to Ms A at the meeting that came across as
a verbal attack on her. This was because the Respondent had been loud and short tempered, when it was
apparent Ms A was trying her best to respond and provide the information being sought. Mr B contended
what even though it had been evident Ms A was unhappy and quite upset, particularly towards the end of
the meeting, the Respondent failed to show any patience or understanding. 
Mr B advised that the Respondent had stated that the project would run out of money. Mr B explained that
he considered this to be inappropriate as, at that stage, Kilwinning Heritage had only submitted an expression
of interest (as opposed to a detailed funding application). Mr B advised the Respondent’s remark was
evidently a criticism, based on nothing more than an assumption. 
Mr B advised he considered the Respondent’s conduct was disrespectful and discourteous, and amounted to
bullying of Ms A. Mr B stated he did not consider the expression of interest merited such behaviour, given
council officers had previously advised Kilwinning Heritage that the information and level of detail provided
was sufficient at that stage. Mr B stated that he felt it was clear, from the outset of the meeting, that the
Respondent was critical of the expression of interest and had no intention of considering it in a fair and
reasonable way. Mr B stated that it was also evident the Respondent’s interventions were not designed to
elicit more information and, instead, were intended as criticisms. 
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COUNCILLOR DONALD REID
NORTH AYRSHIRE COUNCIL 
Page 5 of 21
Mr B confirmed his concerns about the Respondent’s conduct related to both his manner and approach
towards Ms A, and also his criticism of the detail in the expression of interest. 
Mr B advised that he had first met the Respondent in 2006 when he (Mr B) had been a member of a
community council. Mr B explained that while he had witnessed the Respondent engaging in lively debate at
community council meetings, this was in marked contrast to his behaviour at the Kilwinning Locality
Partnership meeting on 12 February 2024. Mr B reiterated that the Respondent had been short tempered
towards Ms A at that meeting and had come across as aggressive. Mr B reported that this was to the extent
that there had been a stunned silence and a pause before anyone else spoke after he completed his questions
and interventions. 
In response to questions in cross-examination from the Respondent, Mr B acknowledged that the
Respondent usually asked questions and sought further information at Kilwinning Locality Partnership
meetings when matters involving council funding were being considered. 
In response to questions from the Panel, Mr B advised he would have expected some questions to be put to
Ms A at the meeting but advised he had been surprised by the tone employed by the Respondent and how
critical he had been. Mr B advised that the Respondent became impatient with Ms A when she tried to answer
the points he was making, particularly when it was evident she was not able to provide the level of detail
about the finances that he was seeking. 
Council Officer A: Officer A advised she attended the Kilwinning Locality Partnership meeting on 12 February
2024 in her capacity as the Council’s Head of Service for Connected Communities. 
Officer A could not recollect how many questions the Respondent had put to Ms A at the meeting, or how
long he had taken to do so. Officer A advised she considered the Respondent’s approach had been robust.
When asked what she meant by ‘robust’, Officer A explained she considered the Respondent had taken a
thorough approach and had asked “extended questions” to make sure he understood the project. Officer A
confirmed that the Respondent’s questions were focused on the funding application and had not been
personal in nature. 
Officer A advised she recalled Ms A had handled the situation well and had been able to provide the
information and respond appropriately. Officer A stated that she considered Ms A appeared composed, albeit
she noted it was difficult to read body language during an online meeting. 
Officer A explained that, after the meeting, her colleague brought to her attention an email she had received
from Ms A expressing concerns about the Respondent’s conduct. Officer A advised she had discussed the
email with the colleague and then later with the Council’s Head of Democratic Services. Following these
discussions, Ms A had been directed to the ESC. 
Officer A advised she could not recall the volume at which the Respondent had been speaking but noted she
did not remember being concerned about this. Officer A recalled that it was evident from the Respondent’s
tone that he was interested in the project and felt strongly about the question of whether funding should be
awarded. 
In response to cross-examination from the Respondent, Officer A confirmed that she was aware, from being
employed by the Council for some two to three years, that he was known for asking lots of questions, in order
to make informed decisions. Officer A advised she considered he had taken such an approach at the meeting
on 12 February 2024. 
The Panel asked Officer A whether, given the matter was only at the expression of interest stage, she had
been surprised at the level of detail being sought by the Respondent. In response, Officer A noted the level
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COUNCILLOR DONALD REID
NORTH AYRSHIRE COUNCIL 
Page 6 of 21
of detail provided or required depended on the specific project, and that individual elected members tended
to take different approaches. Officer A advised her recollection was that the Respondent had concerns about
the expression of interest and was attempting to explore these with Ms A at the meeting. 
Officer A explained that if the Locality Partnership had agreed the expression of interest, a full application
would then be prepared. Officer A noted that the process of expressing an interest allowed applicants to
understand the areas that could be seen as lacking, so that they could then provide more information or
detail as required. 
The Panel asked whether, given she felt Ms A had been composed and able to handle the ‘robust’ questions
from the Respondent, Officer A had been surprised to learn Ms A had raised concerns after the meeting. In
response, Officer A advised that this was not “entirely unexpected” as she had been expecting to hear from
Kilwinning Heritage in respect of the application. 
The Panel asked Officer A whether, given some witnesses had characterised the Respondent’s approach as
aggressive in nature, she was steadfast in her view it had not been inappropriate. In response, Officer A
advised she was used to interacting with lots of people with varying personalities in different environments
and had become accustomed to the way the individuals she worked with behaved and operated. 
In response to a question about whether Council officers were satisfied, at the time, that sufficient detail had
been provided by Kilwinning Heritage in advance, to allow the expression of interest to be considered at the
meeting, Officer A confirmed that was the case. 
Council Officer B: Council Officer B advised that she was a Locality Officer for Community Learning and
Development. Officer B advised that she was responsible for considering all funding applications for the area
and for chairing the part of any meetings where they were considered. Officer B confirmed, therefore, that
she had chaired the part of the Kilwinning Locality Partnership meeting on 12 February 2024 when the
expression of interest from Kilwinning Heritage was considered. Officer B further confirmed that she had not
intervened when the Respondent was questioning Ms A. 
Officer B advised she could not recall the duration of the Respondent’s questions or how many he had put to
Ms A, but that she remembered he had been “robust” in his approach. Officer B advised that she recalled
some other attendees had also asked questions. Officer B noted she had advised the ESC, during the
investigation, that the Respondent had been “quite abrupt in some of his questioning” and that she thought
this had left Ms A feeling “a little uncomfortable”. Officer B explained she had reached this view due to the
Respondent’s “mannerisms” and because he repeated the same questions a few times. Officer B advised that
while she felt Ms A had been able to answer the questions well, it appeared from her body language that she
was somewhat uncomfortable. 
When asked whether she would have expected the Respondent to have spoken to a member of the public in
the manner in which he had, Officer B advised that while she did not regard his conduct to amount to bullying,
he had been robust and very “to the point”. 
Officer B advised that, after the representatives from Kilwinning Heritage left the meeting, the Kilwinning
Locality Partnership agreed that the application was not ready to be moved to the next stage. Officer B
acknowledged that the notes of the meeting recorded that the Respondent reiterated, during the discussion,
that he did not consider the application met the criteria for Community Investment funding, but advised the
consensus amongst all attendees was that it was not ready to be progressed at that time. 
Officer B noted she had been advised, by email on 19 February 2024, that Ms A had raised concerns about
the Respondent’s conduct by email of 16 February 2024. Officer B advised that council officers had continued
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COUNCILLOR DONALD REID
NORTH AYRSHIRE COUNCIL 
Page 7 of 21
to support Kilwinning Heritage after the meeting to try to identify options available to them, in terms of
securing funding. 
In response to a question from the Respondent about when councillors had received the papers for the
meeting on 12 February 2024, and whether this had been the day of the meeting, Officer B advised she could
not recall. 
When asked by the Respondent if she could recall whether he had experienced difficulties in connecting to
the meeting on 12 February 2024, that he had to use his phone to join and could not access his camera,
Officer B advised she did not remember but was aware that had been the case in some previous meetings. 
The Panel noted that while Officer B had indicated she thought other attendees had also put questions to Ms
A, the note of the meeting only recorded that the Respondent had done so. When asked about this, Officer
B advised she thought at least one other person had asked a question. 
The Panel noted that, in her email to Council officers of 16 February 2024, Ms A had described the
Respondent’s tone as being rude and aggressive. The Panel asked Officer B whether she had been surprised
by this. In response, Officer B advised that she would have been taken aback as she had never previously
been involved in a situation where someone was raising concerns about the conduct of an elected member.   
The Panel noted that in an email she sent to colleagues, on 19 February 2024, forwarding Ms A’s email of 16
February 2024, Officer B stated, “you already know I had my concerns about the way the meeting went”. The
Panel asked what Officer B’s concerns were. In response, Officer B advised she thought she had been
referring to the way the questions were asked and put across, but noted this could also have been a reference
to the connectivity issues experienced by the Respondent. 
When asked for her perception of the Respondent’s tone and manner towards Ms A, Officer B advised that
she considered he had come across as a “bit abrupt”. 
Officer B confirmed that Kilwinning Heritage had worked with officers when preparing the expression of
interest and that officers were satisfied that the level of detail provided was appropriate for that stage of the
process. When asked whether, therefore, she had any concerns about the level of detail being sought by the
Respondent at the meeting, Officer B advised it was not unusual for attendees to seek further information
and to ask questions. Officer B confirmed that representatives of Kilwinning Heritage had told her that the
events at the meeting had put them off from applying for funding through the Locality Partnership again but
noted that was their prerogative. 
Submissions made by the ESC
The ESC noted that both the evidence provided by witnesses at the Hearing and during his investigation
generally supported the Complainers’ positions in respect of how the Respondent had conducted himself at
the meeting on 12 February 2024. 
The ESC acknowledged that the Respondent had experienced difficulties connecting to the online meeting
and accepted he could not always see Ms A’s reaction to his questions. The ESC accepted the Respondent’s
intention had been to ensure sufficient information had been provided to allow a decision to be made to
progress the matter to the full application stage and, further, that he was motivated by a desire to ensure
public funds were distributed appropriately. The ESC further acknowledged that it may not have been the
Respondent’s intention to upset Ms A. 
The ESC contended it was clear nevertheless that the Respondent spoke to, or questioned, Ms A at length
and was both frustrated and irritated when doing so. The ESC contended it was also apparent from the
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NORTH AYRSHIRE COUNCIL 
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witness accounts that the Respondent had been critical, and that his manner was impolite, blunt and
confrontational. 
The ESC noted that although it had been apparent to (at least some) attendees that Ms A had been upset and
shocked, the Respondent had failed to recognise this, had proceeded regardless, and had not moderated his
tone or volume or changed his manner. The ESC recognised that any difficulties the Respondent may have
experienced in terms of being able to see Ms A may have exacerbated the situation. The ESC noted, however,
that some of the witnesses had indicated that while they were accustomed to the Respondent being generally
blunt and robust, they considered he had been more adversarial than usual at the meeting in question. 
The ESC noted that everyone has a different personality and way of communicating and suggested that, based
on the Respondent’s “speaking style”, he might come across as “quite rough”. The ESC argued, nevertheless,
that it would have been possible for him to have spoken to Ms A without being as confrontational and
disrespectful. 
The ESC contended it was evident the Respondent had allowed his frustration to affect how he spoke to Ms
A at the meeting and that this had caused upset to others in attendance. The ESC argued that, in the
circumstances, it was understandable for the Complainers to have characterised the Respondent’s conduct
as rude, aggressive and confrontational. This was particularly the case as his camera had been off so any views
on his demeanour would have been based solely on his voice and the tone he employed. For the reasons
outlined above, the ESC advised he had concluded that the Respondent had been disrespectful and
discourteous to Ms A and had, on the face of it, breached paragraph 3.1 of the Code. 
Turning to whether the Respondent’s conduct could amount to bullying or harassment, the ESC
acknowledged the Standards Commission’s Guidance notes it is the impact of any behaviour, not the intent,
that is the key. The ESC further acknowledged that there was a power imbalance between the Respondent
and Ms A, with the Respondent being an experienced and senior councillor, who was a decision-maker in
terms of whether the application could progress. 
The ESC accepted that Ms A felt humiliated, flustered and upset as a result of the Respondent’s conduct. The
ESC nevertheless contended that the Panel, in assessing whether his behaviour would meet the threshold for
amounting to a breach of the bullying and harassment provision in the Code, must assess, objectively,
whether this was a “reasonably foreseeable impact”. The ESC argued that, in doing so, the Panel should take
into consideration the fact that, as Ms A was representing a community group which was seeking a not
inconsiderable amount of public funds, it would be reasonable to conclude she should have expected to face
robust and challenging questions in respect of the expression of interest. 
The ESC noted that there was no suggestion that the matters the Respondent raised were not pertinent or
that his line of questioning was not legitimate. The ESC contended that it was “clear the consensus” of the
decision-makers present at the meeting was that the application was not ready and did not meet the funding
criteria. The ESC noted that it was also evident the Respondent was frustrated by what he considered to be a
lack of information, and that his questioning of Ms A only lasted some ten minutes or so. 
The ESC accepted Ms A was visibly upset, but noted it was apparent that, as the Respondent was not looking
at her on his screen, he was unaware of the impact his questioning was having on her. The ESC further
suggested that as the meeting was held online, the impact of the Respondent’s confrontational style would
have been reduced. 
In these circumstances and given that none of the questions the Respondent directed at her were personal
in nature, the ESC contended it was not reasonable for Ms A to have felt humiliated or upset. The ESC stated
he wished to make it clear that he did not wish to undermine how she felt but reiterated that he was required
to consider the matter objectively. 
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For the reasons outlined above, the ESC contended the Respondent’s conduct would not amount to a breach
of the bullying and harassment provision at paragraph 3.3 of the Code. 
The ESC recognised that a formal finding of a breach of paragraph 3.1 of the Code would represent a
restriction on the Respondent’s right to freedom of expression under Article 10. 
The ESC argued that the Respondent would attract enhanced protection in respect of this right given that, at
the time of the conduct in question, he was engaged, as an elected member, in discussing an application from
a community group for discretionary funding (being a matter of public concern). 
The ESC noted that the right to freedom of expression is not absolute, and that a restriction can be imposed,
if it is necessary and proportionate in order to:
• protect the rights and reputations of others; and
• ensure the standards of public debate did not fall below a minimum level as to bring the Council into
disrepute. 
The ESC noted, nevertheless, that the Courts have held that there is little scope for restrictions on political
speech or on debates on questions of public interest. The ESC further noted that in a political context, a
degree of the immoderate, offensive, shocking, disturbing, exaggerated, provocative, controversial, colourful,
emotive, non-rational and aggressive, that would not be acceptable outside that context, is tolerated. 
In this case, the ESC argued that while the Respondent had been rude and confrontational, he had not
directed any personal comments, abuse or profanities towards Ms A and it was evident his frustration and
criticisms concerned the content of the expression of interest and the presentation, as opposed to her as an
individual. As such, the ESC argued it did not amount to a direct attack on her reputation. 
The ESC noted that the Respondent was entitled to put questions to Ms A if he considered the expression of
interest was lacking in detail and that he did not have sufficient information to make an informed decision.
The ESC noted that the consensus of all decision-makers at the meeting was that the application needed to
be developed further before it could be moved to the next stage. As such, the ESC contended that the
Respondent’s questions were opinion or value judgements that had a basis in fact. 
The ESC advised he did not consider a restriction on the Respondent’s right to freedom of expression was
necessary to protect the rights and reputations of those making applications to have a fair hearing. The ESC
advised this was because he considered it was clear the Respondent would have employed the same line of
questioning to anyone presenting what he considered to be an incomplete expression of interest. The ESC
argued a restriction was also not necessary to protect the community group’s right to make a further
application, as he noted that they were not precluded from doing so. The ESC argued that while Ms A’s
experience had been upsetting, it was not so damaging as to prevent the group from asking for help from
officers and submitting a further application in the future. 
The ESC advised that, in the circumstances, he was not convinced that it was appropriate to apply a restriction
that could preclude robust questioning. The ESC argued that while the Respondent’s conduct had been
disrespectful, it was not so offensive or egregious as to justify a restriction on his right to freedom of
expression. The ESC suggested this was particularly the case given that members of the public should
anticipate they may have to face robust questioning when applying for public funds.   
The Panel noted that the ESC had concluded the Respondent had been rude, aggressive and confrontational
towards Ms A and asked why, given this conclusion, he did not consider it was reasonable for her to have felt
both upset and uncomfortable. In response, the ESC noted that the Standards Commission’s Guidance made
it clear that, when considering whether conduct amounted to bullying or harassment, it was the impact of
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the behaviour that was the key. The ESC noted, however, that in considering whether the threshold for a
breach of the bullying and harassment provision in the Code had been met, he and the Panel were required
not only required to consider the impact on the specific individual in question, but to also assess, objectively,
what the likely impact would be on reasonable person. The ESC noted, in this case, that the Respondent had
not directed any personal comments towards Ms A. 
The Panel then asked whether, given Ms A was a volunteer, representing a community group, she would have
been entitled to expect a level of courtesy and respect and that it would have been reasonable for her to have
felt upset and uncomfortable when this was not extended. In response, the ESC agreed but noted that anyone
applying for public funding should be expected to be questioned robustly and, as such, he did not consider
the Respondent’s conduct amounted to either bullying or harassment. 
When asked whether he considered the Respondent’s questioning had gone beyond what could reasonably
be described as ‘robust’, the ESC agreed but contended it had not extended so far as to amount to bullying
or harassment. The ESC accepted, nevertheless, that there was a power imbalance between the Respondent
and Ms A and that she may have felt more uncomfortable as she would not have been able to respond in
kind. 
Turning to his submissions in respect of Article 10, the Panel asked the ESC why he had not considered the
Respondent’s conduct towards Ms A to be personal in nature. In reply, the ESC advised that while he had
found the Respondent to be gruff, rude and confrontational, all his questions had concerned the application,
and not her as an individual. 
The Panel asked whether it would not be reasonable for anyone being interrupted and talked over in such a
manner to take it personally. In response, the ESC noted that he had been subjected to robust questioning
when appearing before Parliamentary committees and had not taken that personally. The ESC advised he did
not consider it was unreasonable for Ms A to have taken the Respondent’s conduct personally, but again
reiterated that both he and the Panel were obliged to take a wider view and consider the matter objectively.  
The Panel noted that the ESC had taken into account the fact that the meeting was online, and that the
Respondent’s camera was off, when considering his conduct. The Panel asked, however, whether the ESC
considered that, as an experienced politician, the Respondent should have known whether his conduct was
appropriate and should have been aware of how it would be perceived, regardless of whether he could see
Ms A or whether other attendees could see him. The ESC suggested, in response, that it might not be fair to
reach that conclusion given most people rely on visual clues to help them understand the impact of their
behaviour. 
The Panel noted the ESC had referred to the Respondent as having a generally blunt and robust style but
asked the ESC whether this absolved his behaviour, given the Code sets a minimum standard and does not
differentiate between individuals with different backgrounds, life experiences or personalities. The ESC
advised he had not investigated how the Respondent behaved in other contexts but noted the approach he
had taken at the Hearing itself suggested he was somewhat “gruff” in his manner. The ESC contended that
the Respondent had perhaps gone further than normal at the meeting but suggested this was probably out
of frustration. 
When asked whether he considered Ms A should have been aware of the Respondent’s normal manner or
any frustration he was experiencing and have taken this into account in determining whether she should feel
upset, the ESC agreed she should not. The ESC argued, nevertheless, that robust questioning was “part of
politics”. 
In response to a question from the Panel about whether it was possible to question robustly without being
rude, the ESC advised that he was not excusing the Respondent’s conduct but had to note that all councillors
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had different backgrounds and individual communication styles. The ESC accepted, nonetheless, that the
Code set a minimum standard in terms of their conduct. 
The Panel asked whether not paying attention to Ms A’s reactions at the meeting was disrespectful in itself.
In response, the ESC agreed this was possible, but noted the Respondent was trying to look at the papers.
The ESC advised the Respondent was not initially meant to be at the meeting and had only attended because
he had been told it would not be quorate if he did not do so. The ESC accepted, however, that by agreeing to
attend, the Respondent was accepting the Code was engaged and that he was obliged to abide by its
provisions. 
The Panel noted that the ESC had indicated that as the meeting had been held online, the Respondent’s
conduct would have felt less intimidating. The Panel questioned whether it was possible it may have felt more
intimidating as Ms A was isolated and did not have anyone with her for support.  In response, the ESC advised
he had not investigated whether she was alone and did not have access to any support. The ESC contended,
however, that it was more likely that there would be a greater impact if someone physically present in the
same room was being aggressive. 
Submissions made by the Respondent
The Respondent advised he had not intended, or set out, to upset anyone or make them feel uncomfortable
at the meeting. The Respondent advised that, having been made aware that he had done so, and having
reflected on the matter, he was upset with himself. 
The Respondent explained that he had a background in audit and his aim was always to “follow the public
pound" [ensuring clear accountability and proper use of public funds]. The Respondent advised that his
intention at the meeting was to seek a conclusion in respect of the application as he was conscious, at the
time, of the pressure on public funds and the need for increased scrutiny in respect of expenditure. 
The Respondent explained that as he was working on the day of the meeting, he had never intended to attend.
The Respondent advised, however, that he had been told it could not go ahead unless he was there. The
Respondent explained that he had only received the report on the application some three hours before the
meeting and had not had time to print a copy. As such, he had been following the slides and had been trying
to look at the report on screen when Ms A finished her presentation.  The Respondent contended that all of
this had led to him feeling confused about the application and having a number of questions he wanted
answered. 
The Respondent acknowledged he had been robust in his approach but reiterated that he had not said
anything personal or, indeed, intended that Ms A should take anything he said personally. The Respondent
noted that all his questions had concerned the application and how it could be progressed. 
The Respondent further noted the meeting Chair, Officer B, could have intervened if she considered his
approach to be inappropriate but that it was clear from her evidence that she had not considered any
intervention necessary.  
The Respondent accepted there had been a pause when the questioning of Ms A concluded but noted that
there were always gaps in online meetings while attendees made sure anyone who had been speaking had
finished making their contribution.   
The Respondent further accepted that he had stopped Ms A on one occasion when she was answering but
explained he had done so to ensure she focused on the question being posed and did not simply repeat an
answer already provided. The Respondent acknowledged that he “probably came across as gruff”, but advised
this was because he became frustrated when he did not have access to all the information required to make
an informed decision.
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The Respondent explained that he had experienced issues connecting to the meeting, which meant he was
unable to use his camera. The Respondent advised he was watching the slideshow and taking notes while
listening. As such, he was not being disrespectful in terms of whether he could be seen or because he was
not watching Ms A when she was responding. 
The Respondent advised he was aware that three individuals from Kilwinning Heritage were present at the
meeting and, as such, his questioning was aimed at them as a group, as opposed to Ms A as an individual.
The Respondent noted that either of the other two individuals present could have intervened and answered,
had Ms A felt unable to do so. 
The Respondent noted that the ESC had made assumptions about his background and personality but advised
he agreed with these. 
The Panel asked the Respondent whether he adopted a different tone when speaking to members of the
public, to that he employed in Council meetings when interacting with fellow elected members or council
officers. In response, the Respondent advised that an application for funding had to meet the set criteria in
order to be granted. The Respondent compared the scenario to council officers presenting reports, and noted
that if he was questioning them, it was always about any potential issues of concern. 
Having considered that the Respondent had not answered the previous question, the Panel again enquired if
there was a difference in the tone employed by the Respondent in a political environment and that he used,
or should use, when interacting with members of the public. In response, the Respondent advised that he
always discussed policy and potential obstacles with officers. 
The Panel noted that when the ESC had put the Complainers’ various descriptions of his conduct to him during
the investigation (which included the terms ‘rude’, ‘aggressive’, ‘belittling’ and ‘confrontational’), it appeared
the only one to which he had taken exception was ‘smug’. The Panel asked whether this meant the
Respondent accepted the other descriptors as being accurate. In response, the Respondent advised that as it
was apparent the Complainers had spoken to each other after the meeting, it was to be expected that they
would have similar opinions. The Respondent advised he tended to be “fairly gruff” and, on this occasion,
had been frustrated with the application and the fact that it had been brought forward at such an early stage
while still lacking the information that would be required to assess it against the funding criteria. 
The Panel asked the Respondent whether he considered his approach and manner were appropriate given it
was an early-stage scoping meeting where an expression of interest was being considered and where it might
well be the case that not all information would be available. The Respondent replied that the reason he was
seeking more information was so the application could be progressed. 
The Panel noted the process was intended to be supportive, so that any gaps or areas in applications that
might require strengthening could be identified and made known to applicants. The Panel asked whether,
given this, there would be an expectation that any questions would be posed in a supportive and positive
manner and, if so, whether the Respondent felt he had done so. In response, the Respondent advised that
he and other attendees were supporting the applicant, Kilwinning Heritage, by trying to identify whether the
Council could provide support (in terms of potential accommodation), without the need for funding. The
Respondent accepted that he could have been more positive, supportive and courteous but explained he had
wanted answers there and then. 
The Panel noted that representatives of Kilwinning Heritage had advised Council officers that the
Respondent’s conduct had made them reluctant to apply for further funding and asked whether the
Respondent agreed this was an undesirable outcome. The Respondent stated, in response, that he considered
it was important that funding was only awarded when an application met the agreed criteria.
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In response to a question from the Panel as to whether, on reflection, he considered Ms A was entitled to feel
upset, the Respondent advised he accepted she had felt that way. The Respondent reiterated, however, that
all his questions concerned the application, and he had never intended for her to take anything personally.
Having been asked by the Panel whether, on reflection, he would still have posed the questions in the same
manner, the Respondent advised that, knowing he had caused offence, he would have taken a different
approach. 
Turning to the Respondent’s point that the Chair had not felt compelled to intervene, the Panel asked whether
the Respondent accepted that, regardless of this, he was responsible for moderating his own behaviour. The
Respondent replied that had he been aware of the impact on Ms A, he would have changed his tone. The
Respondent reiterated, however, that as he had been forced to use his phone (which had a small screen) to
connect to the meeting, he had not been able to focus on facial expressions and, instead, had been
concentrating on Ms A’s answers and the information required. 
The Panel noted that the Respondent had described himself as ‘gruff’. It asked whether he accepted he could
be robust in terms of his questioning without causing upset. In response, the Respondent reiterated that he
was always robust in terms of the number of questions he asked, but that he accepted he was required by
the Code to behave with courtesy and respect. 
DECISION
The Hearing Panel considered the evidence led and submissions made both in writing and orally at the
Hearing.  It concluded that: 
1. The Councillors’ Code of Conduct applied to the Respondent, Councillor Reid. 
2. The Respondent breached paragraphs 3.1 and 3.3 of the Code and a restriction on his right to freedom
of expression that such a finding would entail could be justified. 
Reasons for Decision
1. The Panel noted that the Respondent had attended the online meeting of the Kilwinning Locality
Partnership on 12 February 2024 in his capacity as a ward councillor for Kilwinning. The Panel was
satisfied, therefore, that the Code applied to his conduct at the time of the events in question. 
2. In reaching its decision as to whether there had been a breach of the Code, the Panel took the following
three-stage approach, as outlined in the Standards Commission’s Advice Note on the Application of Article
10 of the ECHR:
• Firstly, it would consider whether the facts found led it to conclude, on the balance of probabilities,
that the Respondent had failed to comply with the Code.
• Secondly, if so, it would then consider whether such a finding in itself was, on the face of it, a breach
of the Respondent’s right to freedom of expression under Article 10.
• Thirdly, if so, the Panel would proceed to consider whether the restriction involved by the finding
was justified by Article 10(2), which allows restrictions that are necessary in a democratic society
(and in this case, in particular, to protect the rights and reputations of others). 
Stage 1: Whether the Respondent’s conduct amounted, on the face of it, to a breach of the Code
3. The Panel noted the complaint concerned the Respondent’s behaviour towards a member of the public,
Ms A, at the online meeting of the Kilwinning Locality Partnership on 12 February 2024. The Panel noted
that Ms A was representing Kilwinning Heritage, a local history society, that was seeking funding from the
Council by way of presenting an ‘expression of interest’ at the meeting. 
4. The Panel was satisfied, on the balance of probabilities, from the evidence led, that the Respondent had: 
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• been rude, aggressive and confrontational in his questioning of Ms A, which included making critical
statements about the application rather than posing questions;
• unnecessarily interrupted and spoke over her on various occasions; and
• framed his interventions in a negative and excessively critical manner so as to belittle or give the
appearance of belittling her, Kilwinning Heritage and the expression of interest. 
5. The Panel acknowledged the Respondent, as an elected member, had an important role in scrutinising
funding applications, to ensure that Council funds were distributed fairly and in the public interest. The
Panel further acknowledged that the Respondent was frustrated because he had experienced difficulties
in connecting to the meeting (which meant he was forced to join using his mobile phone while at work)
and had only received the papers a few hours beforehand. In addition, the Respondent was frustrated
because he considered Kilwinning Heritage had failed to provide sufficient information to support its
application. 
6. The Panel noted, however, that the Locality Partnership was not determining any final application at the
meeting; it was only considering an expression of interest. The Panel was satisfied that not only was the
Respondent’s approach in the circumstances disproportionate, but also that the manner in which he had
talked to, and questioned Ms A (a member of the public who was representing a community group as an
unpaid volunteer) was wholly inappropriate. 
7. The Panel acknowledged the Respondent may not have intended to upset Ms A. The Panel was of the
view, however, that it would be reasonable for those observing the meeting to perceive his conduct as an
attack on both Kilwinning Heritage and on Ms A, as its representative. The Panel noted, in support of this
conclusion, that other witnesses had perceived this to be the case. 
8. The Panel agreed it would be reasonable for members of the public representing local groups making
applications for funding to the Council, particularly in a non-paid voluntary capacity, to expect to be given
the opportunity to present information in a respectful environment. The Panel considered that while such
representatives and volunteers should understand they may have to answer questions, they have a right
to expect any will be put to them in a respectful and non-confrontational matter, and that they will be
allowed to answer without facing excessive criticism or being interrupted repeatedly and belittled. 
9. The Panel rejected entirely the suggestion that the decision made at the meeting not to progress the
application to the next stage (as it required to be developed further), was relevant to the question of
whether the Respondent had breached the Code. This was because the Code applies at all times when a
councillor is acting in that capacity. It does not differentiate between times where they may be frustrated
or are being presented with what they consider to be incomplete or even incomprehensible information.
In that regard, the Panel noted it was entirely possible that, despite their best efforts or intentions,
members of the public may not be able to present all the information a councillor may require or be
capable of articulating themselves in a manner a councillor may desire or deem appropriate (for example
if they had language or learning difficulties). This would not, however, absolve a councillor from the
requirement to comply with the Code and, therefore, to behave with courtesy and respect, when
interacting with them. The Panel noted, in any event, that it was evident Kilwinning Heritage’s members
understood, from their interactions with Council officers before the meeting, that they had provided
sufficient information for the applicable stage of the process (being the expression of interest). 
10. The Panel agreed that by being aggressive, interrupting repeatedly and asking questions in a
confrontational and inappropriate manner, the Respondent was disrespectful and discourteous towards
Ms A. The Panel determined therefore that he had, on the face of it, breached paragraph 3.1 of the Code. 
11. The Panel agreed that the Respondent, as an elected politician, was in a position of relative power over
Ms A. The Panel acknowledged there was no evidence or suggestion of a course of persistent behaviour
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by the Respondent and noted his conduct had been limited to the one meeting. The Panel noted,
nevertheless, that Ms A’s position was that the Respondent’s conduct left her feeling deeply upset,
bullied, humiliated and in tears. The Panel found Ms A had been subjected to what was, effectively, an
unwarranted public attack. The Panel considered that this would have been wholly unexpected, given that
while Ms A would have been aware that questions would be put to her and that more information may
be sought at the meeting, she would not have anticipated that any elected member would act in the
manner in which the Respondent chose to engage. In the circumstances, the Panel disagreed with the ESC
and considered Ms A’s reaction was, objectively, both understandable and reasonable. 
12. The Panel did not accept ESC contention that it was necessarily the case that as the meeting was held
online the Respondent’s conduct would have been less intimidating. The Panel considered it was equally
possible that it may have felt more intimidating if Ms A was isolated and did not have anyone present
with her for support.   
13. The Panel noted that the Respondent was using his phone to participate in the meeting and accepted this
would have made it more difficult for him to observe Ms A’s reactions to his interventions. The Panel
noted the Respondent indicated he had also not looked at Ms A when questioning her, as he was either
viewing the slides or trying to read the paperwork. The Panel considered, however, that the Respondent
would have been able to view the other meeting participants, including Ms A, even when using his phone.
The Panel further considered that given the number of questions he was posing and given he accepted he
interrupted Ms A on at least one occasion, the Respondent should have taken the time to check that she
understood what he was asking and was coping with the demands being placed on her. In this regard, the
Panel again noted that Ms A was a member of the public and not an officer who might be accustomed to
presenting information to councillors and responding to their questions. 
14. The Panel agreed, in any event, that it was reasonable to assume the Respondent, as an experienced
politician, would and should have been able to discern the impact of the type of conduct in which he was
engaging. The Panel was of the view that the Respondent should have known whether his conduct was
appropriate and should have been aware of how it would be perceived, regardless of whether he could
see Ms A or she could see him. 
15. The Panel noted the ESC had referred to the Respondent as having, generally, a blunt and robust style.
The Panel agreed, however, that a clear aim of Code was to ensure a minimum standard of conduct that
all councillors should meet. It did not accept any suggestion that the Code made, or should make, any
distinction between councillors based on their different personalities, styles, backgrounds or lived
experiences. The Panel noted that the Standards Commission had made this clear in a number of previous
decisions. 
16. The Panel accepted similar conduct might be characterised as being ‘robust’ and that some of it may even,
in certain circumstances, be acceptable, if directed towards other elected members during a political
debate, or even senior council officers who were presenting reports. This is because both are accustomed
to working in a political environment and might be expected to have more tolerance. The Panel noted,
however, that Ms A was an unpaid volunteer member of the public who was giving up her time for a local
heritage society. The Panel was concerned that the Respondent seemed to suggest he took a similar
approach when questioning council officers who were presenting reports, and that he did not appear to
acknowledge the situation was different and might call for a more considered approach. 
17. The Panel noted that both the ESC and Respondent had argued that, as the questions solely concerned
the application, and as no personal comments had been directed towards Ms A, she should not have felt
she was being targeted. The Panel disagreed, however, as it was of the view that it would be reasonable
for anyone being interrupted and talked over in such a manner to take it personally. The Panel rejected
the ESC’s analogy about him not taking robust questions personally when he appeared before
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Parliamentary committees. This was because he was a paid, appointed public officeholder who managed
public funds and, therefore, could be expected to face robust scrutiny and challenge; whereas, in contrast,
Ms A was an unpaid volunteer member of the public appearing before council committee expressing
interest in seeking funding on behalf of a community group. The Panel noted, in any event, that regardless
of the status of the person answering, it should be possible to be robust in questioning without coming
across as rude, aggressive or overbearing. 
18. The Panel did not consider the fact that the meeting Chair had not intervened to be of any significance.
This was because the Respondent had a personal responsibility to comply with the Code and to abide by
its provisions. The Panel noted, in any event, that the part of the meeting in question had been chaired
by a council officer. Given there was also a power imbalance between the officer and the Respondent, as
an elected member, and that she would be required to continue working with him, the Panel considered
it was not reasonable to expect or rely on her to intervene or criticise his behaviour at the meeting. 
19. The Panel also rejected the Respondent’s suggestion that he had not bullied Ms A as other individuals
present from Kilwinning Heritage could have answered his questions. This was because the Panel
considered it was clear from the evidence of all witnesses that not only was he directing his questions to
Ms A but that everyone present understood him to be doing so. 
20. The Panel considered, in the circumstances outlined above, that the manner in which the Respondent
conducted himself towards Ms A at the meeting was both intimidating and disparaging and left her feeling
upset, humiliated and belittled. For the reasons outlined above, the Panel considered this was an entirely
reasonable reaction and, while this may not have been the Respondent’s intention, he should have
realised his actions would likely have this impact. The Panel therefore agreed, on balance, that it would
meet the threshold for amounting to a breach of the bullying provision under paragraph 3.3 of the Code. 
Stage 2: Whether a finding of a contravention of the Code would be a breach of the Respondent’s right to
freedom of expression under Article 10 of the ECHR
21. The Panel noted that enhanced protection of freedom of expression under Article 10 applies to all levels
of politics, including local politics. The Panel further noted that the Courts have held that political
expression is a broad concept and that there is little distinction between political discussion and discussion
of matters of public concern1. In this case, the Panel noted that the Respondent’s interaction with Ms A
took place during a meeting of a Council Locality Partnership, in the context of considering a potential
application for council funding, being a matter of public interest and concern. In the circumstances,
therefore, the Panel considered that the Respondent would attract the enhanced protection of freedom
of expression afforded to politicians, including local politicians, under Article 10. 
Stage 3: Whether any restriction on the Respondent’s right to freedom of expression involved by a finding
of a contravention of the Code would be justified by Article 10(2) of the ECHR
22. The Panel nevertheless noted that the right to freedom of expression is not absolute. Article 10(2) states
that restrictions can be imposed, provided they are necessary in order to achieve a legitimate aim. The
Panel noted that legitimate aims can include:
• protecting the rights and reputations of others;
• enabling local government to function effectively; and
• ensuring public confidence in local government was not undermined and that a council was not
brought into disrepute. 
23. The Panel accepted, however, that the Courts have found any restriction on freedom of expression must
also be proportionate to the legitimate aim being pursued. As such, the Panel was required to undertake
a balancing exercise, weighing the enhanced protection to freedom of expression enjoyed by the 
1 Thorgeirson v Iceland (1992) 14 EHRR 843
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Respondent against any restriction imposed by the application of the Code and the imposition of any
sanction. 
24. In conducting its balancing exercise, the Panel had regard to the following findings that have been made
by the Courts: 
• The necessity of any restriction on the exercise of freedom of expression must be established
convincingly and be in response to a pressing social need.
• There is little scope under Article 10(2) for restrictions on political speech or on the debate of
questions of public interest. Further, given the importance of freedom of expression in the political
arena, any interference with that right requires the closest scrutiny2.
• In a political context, a degree of the offensive, shocking, exaggerated, emotive, non-rational and
aggressive, that would not be acceptable outside that context, should be tolerated3.
• The less egregious the conduct in question, the harder it is for a Panel, when undertaking its balancing
exercise, to conclude justifiably that a restriction on an individual’s right to freedom of expression is
required4.
• Politicians (as individuals who have entered the political arena voluntarily) are subject to wider levels
of acceptable criticism5 and are, therefore, expected and required to have thicker skins and more
tolerance to comment than ordinary citizens6. 
25. In taking those findings into account, and so determining whether the Respondent’s conduct was
excessive and egregious, the Panel considered that the degree of latitude that should be afforded to the
Respondent’s conduct was narrow. This was because it considered Ms A, as a member of the public and
volunteer member of the local heritage society giving a presentation, had a right to expect she would be
treated respectfully and would not be subjected to disrespectful and bullying behaviour. 
26. The Panel accepted that councillors have a key scrutiny role and are both entitled, and expected by the
public, to discharge this thoroughly, especially in the context of making decisions about the distribution
of public funds. The Panel further accepted that in discharging this role, councillors might be expected to
pose robust questions. The Panel accepted, therefore, that the Respondent was fully entitled to scrutinise
the expression of interest before him at the meeting in question, and indeed entitled to do so robustly.
The Panel was concerned, however, that it had found the manner of the Respondent’s questioning to
have gone beyond the level of robustness that might be expected in the circumstances and amounted to
disrespectful and bullying behaviour. To support this conclusion, the Panel again noted Ms A was a
member of the public acting in a volunteer capacity on behalf of a community group and was not a council
officer fielding questions on a report or an elected member engaging in political debate. As such, the Panel
did not consider that she should be expected to tolerate the same level of comment or criticism that might
be expected of others or to have a “thicker” skin. 
27. The Panel noted the Court in the case of Lombardo7 made comments about the potential “chilling effect”
sanctions may have on the exercise of freedom of expression. The Panel further noted that while the ESC
had not directly referenced this case, he had expressed concerns that a restriction on the Respondent’s
right to freedom of expression could preclude ‘robust’ questioning and had argued that enquiries of this
type were “part of politics”. While the Panel accepted the meeting was a political setting, given it was a
council committee considering council-related matters, it did not accept this meant the discussions at it 
2 Castells v Spain (1992) 14 EHRR 445
3 Heesom v Public Services Ombudsman for Wales (2014) EWHC 1504 (Admin)
4 R (Calver) v Adjudication Panel for Wales (2012) EWHC 1172 (Admin)
5 Janowski v Poland (1999) 29 EHRR 705
6 Heesom (ibid)
7 Lombardo v Malta (2009) 48 EHRR 843
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COUNCILLOR DONALD REID
NORTH AYRSHIRE COUNCIL 
Page 18 of 21
could be classed as ‘political debate’ or, as suggested by the ESC, any concerns about the robustness of
such discussions should be dismissed as just being "part of politics". 
28. Taking this into consideration, the Panel rejected the ESC’s concern that a restriction in the circumstances
could preclude robust questioning. This was because the Panel considered it was entirely possible to:
• seek further information;
• be robust in questioning; and 
• scrutinise thoroughly applications for public funding;
while complying with the requirements of the Code and without being rude, aggressive or confrontational.
The Panel did not, therefore, consider that imposing a restriction on the Respondent’s freedom of
expression would have any disproportionate or unintended effect on his ability (or that of any other
councillor) to carry out a scrutiny role effectively. 
29. The Panel again noted that the ESC suggested that a factor that should be considered was that all
councillors have different backgrounds and individual communication styles. As noted above, however,
the Panel rejected this suggestion as the main aim of the Code is to outline the minimum standards of
conduct expected of all councillors, regardless of any differences in their styles, personalities or
backgrounds. 
30. The Panel noted that the ESC advised he did not consider a restriction on the Respondent’s right to
freedom of expression was necessary to protect the rights and reputations of those making applications
as he considered it was clear the Respondent would have employed the same line of questioning to
anyone who had presented what he considered to be an incomplete expression of interest. The Panel did
not consider, however, that this was indeed clear or that there was any evidence to support this
contention. Indeed, the Panel considered it contradicted the ESC’s own position that the Respondent’s
had been particularly frustrated at this meeting and that witnesses had described him as having been
more adversarial than usual. 
31. The Panel noted that ESC had argued that the Respondent’s interventions were value judgements that
had a basis in fact, given the consensus decision at the meeting was that the application required to be
developed before it could be progressed. The Panel rejected this argument as irrelevant, however, as it
noted that was no suggestion a restriction was necessary to restrict any opinion expressed by the
Respondent on the application. Instead, the Panel was considering whether a restriction was justified in
terms of the manner in which he had expressed himself and asked questions. 
32. Taking all the foregoing into account, the Panel concluded the Respondent’s conduct was excessive and
egregious, and wholly inappropriate in the circumstances. The Panel was satisfied therefore that a
restriction on the Respondent’s right to freedom of expression was proportionate, relevant and
necessary, in order to meet the aims outlined above (at the beginning of Stage 3), and in particular to: 
• protect the reputation and rights of Ms A;
• act as a deterrent to the Respondent and others from engaging in such conduct in the future; and
• prevent public confidence in the role of a councillor, the Council and its processes, and local
government from being undermined. 
33. As such, the Panel determined a restriction on the Respondent’s enhanced right to freedom of expression
was justified and that a formal finding of a breach of paragraphs 3.1 and 3.3 of the Code could be made. 
Evidence in Mitigation
The Panel noted three of the Complainers had submitted impact statements. The Panel advised the
Respondent that it would take into account the fact that the statements were not taken under oath. 
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COUNCILLOR DONALD REID
NORTH AYRSHIRE COUNCIL 
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The Panel noted that the Complainers advised, in their impact statements, that: 
• The impact of the Respondent’s behaviour had been profound, both personally and on Kilwinning
Heritage, and most of all on Ms A, a member of the community the Respondent represents.
• Ms A felt upset and shocked and was angry with herself for not being more assertive.
• Confidence in council processes had been shaken and the Respondent’s behaviour had left the
Complainers feeling Kilwinning Heritage’s contribution to the town had been maligned, which could
potentially cause it reputational harm and impact negatively on future funding applications.
• They were wary of submitting further applications, which has had a negative impact on the progress of
its projects, and were concerned that other community groups may also have to endure hostile
behaviour in a similar situation. 
In mitigation, the Respondent reiterated that it had never been his intention to upset or belittle Ms A. The
Respondent noted he had a responsibility to scrutinise the application, given public funding was at stake, and
that his sole intention at the meeting was to ask question and obtain information to allow him to undertake
this task effectively. The Respondent nevertheless apologised for any upset he had caused. 
SANCTION
The decision of the Hearing Panel was to suspend, for a period of two months with effect from 8 August 2025,
the Respondent, Councillor Reid, from all meetings of the council and of any committee or sub-committee
thereof and of any other body on which the councillor is a representative or nominee of the council or body. 
This sanction was made under section 19(1)(c) terms of the Ethical Standards in Public Life etc. (Scotland) Act
2000. 
Reasons for Sanction
1. In determining the appropriate sanction, the Panel considered:
• firstly, whether the interference (i.e. the proposed sanction) was the minimum necessary, or whether
less restrictive means could be employed; and then
• secondly, whether the benefit of that least restrictive measure outweighs its adverse impact on the
Respondent’s right to freedom of expression. For example, whether any benefit in applying a
sanction in respect of protecting the rights and reputations of others, and to ensure good
administration which enables local government to function effectively, would outweigh any impact
on the Respondent. 
2. In making its decision on sanction, the Panel had regard to the Standards Commission’s Policy on the
Application of Sanctions. A copy of the policy can be found on the Standards Commission’s website, here:
https://www.standardscommissionscotland.org.uk/cases/hearing-rules 
3. The Panel began by assessing the nature and seriousness of the breach of the Code. The Panel agreed that
the requirements for councillors to treat members of the public with respect and courtesy and to refrain
from any conduct that could amount to bullying are fundamental requirements of the Councillors’ Code.
The Panel noted that a failure to comply with the Code’s provisions in this regard can have a detrimental
impact on the public’s confidence in the role of a councillor, the Council itself (and its functions and
processes) and local democracy. 
4. The Panel noted it had found the Respondent had been rude, aggressive and confrontational in his
questioning of Ms A, had unnecessarily interrupted and spoken over her on various occasions and had
belittled, or given the appearance of belittling her, Kilwinning Heritage and its expression of interest. The
Panel agreed that while members of the public presenting such expressions of interest can, and indeed
should, expect their contents to be scrutinised, they are also entitled to have a reasonable expectation
any questions from councillors will be put to them in a respectful and courteous manner.
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COUNCILLOR DONALD REID
NORTH AYRSHIRE COUNCIL 
Page 20 of 21 
5. The Panel noted it had found that it was reasonable for the manner of the Respondent’s questioning of
Ms A to have caused her to feel upset, bullied and humiliated. The Panel noted that Ms A had confirmed
that had been the effect and, further, that she had been left in tears. The Panel considered the
Respondent’s conduct was particularly inappropriate given he was an experienced councillor who was
aware he was interacting with a volunteer member of a community group. 
6. The Panel acknowledged that the Respondent had every right to scrutinise the expression of interest being
considered at the meeting and that he was entitled to ask questions, including those that could be
characterised as being of a ‘robust’ nature. The Panel was concerned, however, that the Respondent had
gone far beyond the robust and instead had acted disrespectfully and discourteously, in a wholly
inappropriate manner that was incompatible with the Code and that amounted, under its terms, to
bullying. 
7. The Panel was of the view, therefore, that the breach of the Code was serious in nature. 
8. The Panel then considered the aggravating and mitigating factors as set out in the Policy on the
Application of Sanctions, beginning with those in mitigation. The Panel noted that mitigating factors are
those which may lessen the severity or culpability of the breach. 
9. The Panel noted that the conduct in question was essentially limited to one interaction at a meeting and,
as such, was limited in duration. The Panel further noted that the Respondent had co-operated fully with
the investigative and Hearing processes. There was also no evidence of repeated behaviour, nor had there
been any previous finding of a contravention of the Code by the Respondent. The Panel further noted
that the Respondent proffered an apology at the Hearing for having caused any upset. 
10. The Panel then proceeded to consider whether there were any aggravating factors; being ones that may
increase the severity or culpability of the breach. 
11. The Panel agreed that, as an experienced member, the Respondent should have been able to discharge
his scrutiny role without being disrespectful or bullying a member of the public. While the Panel had
accepted this may not have been the Respondent’s intention, it was concerned that, at the time, he had
not demonstrated any insight, remorse or understanding into how his conduct could be reasonably
perceived, and its impact on Ms A. 
12. The Panel was of the view that a censure, being the minimum sanction available to it, was not appropriate
in light of the seriousness of the conduct and impact it had on Ms A, other members of the group and on
other community groups that may be considering applying for Council funding. 
13. The Panel agreed that a censure, or the shortest suspension of one month, would not achieve the aims,
as outlined in the Policy on the Application of Sanctions, of:
• preserving the ethical standards framework;
• promoting adherence to the Councillors’ Code of Conduct and, in particular, to the requirement to
treat members of the public with courtesy and respect and to refrain from bullying behaviour;
• maintaining and improving the public’s confidence that councillors will comply with the Code and
will be held accountable if they fail to do so; and
• achieving credible deterrence. 
14. Having considered the nature and seriousness of the breach, as well as any aggravating and mitigating
factors identified, the Panel concluded that a two-month suspension was the appropriate sanction in the
circumstances. In reaching this view, the Panel again noted that the Respondent’s conduct had been a
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NORTH AYRSHIRE COUNCIL 
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one-off and limited in duration. It further noted it had identified only one aggravating factor. As such, the
Panel did not consider that a disqualification or lengthier suspension was warranted or justified. 
15. The Panel was satisfied that the imposition of a two-month suspension was the minimum necessary to
achieve the aims outlined above and to reflect the seriousness of the breach. The Panel determined to
suspend the right of the Respondent to attend all meetings of the Council and of any committee or
subcommittee thereof, and of any other body on which he was a representative or nominee of the
Council, for a period of two months with effect from 8 August 2025. 
RIGHT OF APPEAL
The Respondent has a right of appeal in respect of this decision, as outlined in Section 22 of the Ethical
Standards in Public Life etc. (Scotland) Act 2000. 
Date: 6 August 2025 
Dr Lezley Stewart
Chair of the Hearing Panel 
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NORTH AYRSHIRE COUNCIL 
17 September 2025 
North Ayrshire Council 
Title:    Revision of Standing Orders Relating to Meetings and
Proceedings of the Council and Committees 
Purpose:  To review and approve the Council’s revised Standing Orders
relating to Meetings and Proceedings of the Council and
Committees, one of the key governance documents regulating
the operation of the Council, its Committees and Officers. 
Recommendation:  That the Council (a) agrees to approve, with effect from 18th
September 2025, the revised Standing Orders for Meetings and
Proceedings of the Council and Committees, attached at
Appendix 1 and (b) considers and determines any further
proposals put to Council for amendment to Standing Orders. 
1. Executive Summary 
1.1 This report seeks approval by Council of the Standing Orders, one of the key
governance documents regulating the operation of the Council and its Committees. 
1.2 The Standing Orders have been reviewed as part of the annual review and the updated
version is contained at Appendix 1 for consideration of Members. 
2. Background 
2.1 Audit Scotland in their report “Roles and working Relationships – Are you Getting it
Right?” and follow up reports, stressed the importance of having governance
arrangements that are fit for purpose and up to date. They note that such documents
are critical in clarifying roles, responsibilities and expected behaviour and should be
kept regularly updated. An annual review has therefore been undertaken. 
Standing Orders 
2.2 The Standing Orders for Meetings set out the rules for decision taking and define how
the Council and its committees conduct their business democratically. The Standing
Orders aim to ensure consistency in decision making and process leading in
consequence to good and robust governance. 
2.3 The Standing Orders for meetings were subject to a substantive review between
February and May 2023 through the involvement of a Member Officer Working Group. 
Since then, they have been updated as part of the process of ongoing review. 
Agenda Item 9.1
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2.4 The Standing Orders have been reviewed as part of the annual review for 2025 with
some typographical and formatting issues addressed.  The draft Standing Orders at
Appendix 1, reflects those minor changes but also includes the following proposals for
the consideration of Members: 
• Insertion of a new Standing Order 5.5 to reflect the longstanding process that
where there is no committee business to transact, the meeting can be cancelled
by the appropriate Chief Officer in consultation with the Committee Chair – we
see this most regularly with the Planning Committee.
• An addition to Standing Order 8.2 that where a motion is received to remove the
Chair or Vice Chair of a Committee, reasons for the proposed removal should be
provided. 
• An addition to Standing Order 26.3 to clarify that a call-in request can be
withdrawn by the 3 relevant members submitting intimation that they do not wish
to proceed.
• General clarification and rewording of some text and correction of typos but not to
effect any material changes to the meaning of the relevant sections. 
2.5  The most notable proposals relate to the budget setting meeting, the process that
should be followed prior to the budget meeting and the criteria for suspension of
standing orders.                              
Budget
• Changes are proposed to Standing Orders 10.3, 15.1, 15.2 and the insertion
of a new Standing Order 15.3 to address the submission of budget motions
and amendments.
• It is proposed that a formal requirement is included in Standing Orders to the
effect that any proposals from Members would require to be supported by fully
completed integrated impact assessments - which will include islands impact
assessments if appropriate. This does not reflect any change in practice but
will assist with demonstration of approach.
• It is also proposed that draft budget proposals from Members should be
lodged with the Section 95 Officer two weeks before the meeting.  This will
enable both the Finance and Legal Services to check that all regulatory
requirements are met. Any proposals involving staffing matters would also be
remitted to the HR Service to ensure that all relevant implications and
processes have been considered and undertaken. The earlier deadline will
also provide time for officers to advise on any necessary adjustments to meet
any competency requirements. It is hoped that by adopting this process, any
matters arising can be resolved in good time to enable Members to bring
forward proposals on budget day.  
• Proposed Standing Order 15.3 does permit further amendments to those
lodged in advance at the budget meeting provided the competency
requirements are met e.g. balanced budget, acceptable impact assessments
completed, appropriate in terms of any staffing implications etc.  It is
anticipated that in practice these would be lodged after the recess when
consideration of the substantive motions and amendments has taken place.  
• Formal clarification has also been included to specify that negative proposals
to the setting of a balanced budget are not competent.
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• Insertion of provision on sharing and publication of member budget proposals
not earlier than 2pm on the Monday prior to the budget meeting. It is
considered that this will aid decision making and improve transparency. 
Suspension of Standing Orders
• It is also proposed for reasons of good governance and certainty of approach
that it will only be permissible to suspend standing orders on any matter once
within a 6-month period, unless there are legal, implementation or reasons
detailed in Standing Order 25.1 iv for doing so. Standing Order 23.1 has been
amended accordingly for consideration. 
3. Proposals 
3.1 That the Council (a) agrees to approve, with effect from 18th September 2025, the
revised Standing Orders for Meetings and Proceedings of the Council and Committees,
attached at Appendix 1 and (b) considers and determines any further proposals put to
Council for amendment to Standing Orders. 
4. Implications/Socio-economic Duty 
Financial 
4.1 Approval of the key governance documents is an essential component of the Council’s
financial governance arrangements. 
Human Resources 
4.2 None arising from the recommendations of this report. 
Legal 
4.3 Approval of the key governance documents in an essential component of the Council’s
legal and administrative arrangements. 
Equality/Socio-economic 
4.4 None arising from the recommendations of this report. 
Climate Change and Carbon 
4.5 None arising from the recommendations of this report. 
Key Priorities 
4.6 Clear, transparent governance arrangements promote good decision making. In turn,
this supports the achievement of the Council’s key priorities. 
Community Wealth Building 
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4.7 None arising from the recommendations of this report. 
Islands Communities Impact Assessment (ICIA) 
4.8 None arising from the recommendations of this report. 
United Nations Rights of the Child (UNCRC) 
4.9 None arising from the recommendations of this report. 
Consumer Duty 
4.10 None arising from the recommendations of this report. 
5. Consultation 
5.1 There has been consultation with Group Leaders and Independent Members. Relevant
Officers have also been consulted as required. 
Craig Hatton
Chief Executive 
For further information please contact Aileen Craig, Head of Democratic Services, on
01294 324 125. 
Background Papers
0
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Standing Orders Relating to Meetings and 
Proceedings of the Council and Committees 
Published by Committee Services
North Ayrshire Council
Cunninghame House, Irvine KA12 8EE 
Classification: Public 
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Contents 
Page
Part I  Preliminary           1
Part II  Standing Orders         2
1  First Meeting of Council after Elections      2
2  Ordinary Meetings of the Council       2
3  Special Meetings of the Council       3
4  Last Meeting of the Council prior to Election     3
5   Notice of Meetings         3
6  Provost and Depute Provost       4
7  Suspension of Members        5
8  Appointment and Removal of Members      6
9  Quorum          7
10  Order of Business         7
11   Declarations of Interest        9
12  Code of Conduct         10
13  Public Access to Meetings        10
14  Questions          11
15  Motions          13
16   Procedure Prior to Debate        16
17  Debate          17
18  Procedural Motions         18
19   Voting           18
20  Voting on Appointments of Members      20
21      Disclosure of Information        20
22  Appointment of Executive Directors      20
23  Suspension of Standing Orders       21
24  Variation and Revocation of Standing Orders     21
25  Rescinding/Reconsidering/Revocation of Previous Decision/Resolution 22
26  Decisions of Cabinet: Call-in Process      22
27  Discharge of Functions by Committees and Officers    23
28  Proceedings of Committees and Sub-Committees    24
29  Approval and Signing of Minutes       26
30  Petitions and Deputations        26
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31  Contract Standing Orders and Financial Regulations    26
32   Ultimate Power of The Council       27
33  Definitions          27
34             29  
Appendix A  Schedule 7A:  Description of Exempt Information 29  
Appendix B  Guidance on Deputations and Petitions   31  
Appendix C  Procedure on Dealing with Requests to the Council  33     
from Outside Bodies to Support Resolutions
and Motions       
Appendix D  Call-in Request Form     34  
Appendix E  Quick Guide for Dealing with Items of Business  35 
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1 
North Ayrshire Council
Standing Orders Relating to Meetings and proceedings of the Council and Committees 
Part I Preliminary 
1. These Standing Orders are made under Section 62 and Paragraph 8 of 
Schedule 7 of the Local Government (Scotland) Act 1973. 
With the exception of the North Ayrshire Integration Joint Board, the Ayrshire
Shared Services Committee, the Ayrshire Economic Joint Committee and Sub-
Committees thereof, the foregoing Standing Orders for meetings shall as far as
applicable be the rules and regulations for the proceedings of Committees and
Sub-Committees and therefore reference to the term ‘Council’ in the said
Standing Orders should be interpreted accordingly.  The North Ayrshire
Integration Joint Board, the Ayrshire Shared Services Committee and Ayrshire
Regional Economic Joint Committee and Sub Committees thereof have their
own Standing Orders for meetings.  The term ‘Provost’ shall also be deemed to
include the Chair of any relevant Committee or Sub-Committee but only in
relation to the proceedings of such Committees or Sub-Committees. 
2. The Local Government (Scotland) Act 2003 permits the holding of and participation in
remote meetings. 
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2 
Part II Standing Orders 
1. First Meeting of the Council after Elections 
1.1. The first meeting of North Ayrshire Council after an ordinary election of Councillors
shall be held within twenty-one days from the date of the election. The Chief Executive
will decide the date, time and venue/mode of this first meeting.  The meeting may be
held on a wholly remote basis by electronic means or alternatively whereby some
Members attend in person and others take part via remote means (a “hybrid” meeting).  
1.2. At the first meeting of the Council after an ordinary election of Councillors, the
Returning Officer or the Chief Executive shall assume the Chair until the Provost is
elected.  The Council shall deal with the following business: 
i. To take the sederunt;
ii. To note the election of Councillors and which Councillors have executed the
Declaration of Acceptance of Office;
iii. To elect the Provost of the Council;
iv. To elect the Depute Provost of the Council;
v. To elect the Leader of the Council;
vi. To elect the Depute Leader of the Council
vii. To agree the Scheme of Administration setting out the committee structure of
the Council;
viii. To appoint Members to any such Committees;
ix. To appoint Members of the Licensing Board;
x. To appoint representatives to outside bodies;
xi. To approve Constitutional Documents, including Standing Orders for Meetings;
xii. To agree the Timetable of Meetings;
xiii. To approve Members’ Remuneration;
xiv. To deal with any other business specified in the notice calling the first meeting
of the Council. 
2. Ordinary Meetings of the Council 
2.1  Unless otherwise agreed by the Council, ordinary meetings of the Council shall be held
in the Council Chamber, Cunninghame House, Irvine at 2pm on the Wednesday of the
sixth week of each six-weekly cycle determined by the Council. Meetings will be held
on the basis where some members are present in the Council Chamber and others can
take part via remote means (a “hybrid” meeting), provided the technological solution
can facilitate the meeting. If there is a large volume of business, or adverse weather
conditions are expected, the Provost has power to change the start time to 1pm. 
Where it is deemed necessary, the Chief Executive, in consultation with the Provost,
may also call for a meeting of the Council to take place on a wholly remote basis by
electronic means where all Members take part via remote means provided the
technological solution permits.  In circumstances where the meeting takes place on a
wholly remote or “hybrid” basis the agreed protocol for holding the meeting on that
basis will be adhered to.  The protocols for remote and hybrid meetings and webcasting
of meetings are as agreed by the Chief Executive in consultation with the Provost, will
be reviewed from time to time and notified to Members. 
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3 
2.2  No sound, film, video tape, digital or photographic recording of the proceedings of any
meeting, shall be made without the prior approval of the Council, other than recording
of the proceedings by the Council, either for webcasting or as a back-up for a live-
webcast or as an alternative where live-webcasting is not possible. 
2.3             Council meetings will be live webcast where possible in accordance with the
webcasting protocol unless the exclusion of the public provisions apply. A decision not
to live webcast a meeting for technical or other reasons does not affect the validity of
the meeting provided the meeting is open to the public. 
3. Special Meetings of the Council 
3.1  Special meetings of the Council shall be convened under the following circumstances:- 
i. To set the Council’s annual capital and revenue budgets;
ii. To determine Planning Applications in terms of the Town and Country Planning
(Scotland) Act 1997 as amended, if required;
iii. To consider any matter that requires to be determined at a Special Meeting of
the Council in accordance with legislation; 
iv. At any time by decision of the Council;
v. By written requisition of no less than seventeen Members of the Council,
specifying the purpose of the business to be transacted;
vi. To consider urgent items which cannot wait until the next scheduled meeting of
the Council as determined by the Provost; 
3.2  Upon receipt of a request for a Special meeting of the Council, the Provost shall be
notified and in instances where the discretion of the Provost is required, determine if
the request falls within the parameters for the calling of a special meeting. If the office
of Provost is vacant, or if the Provost is unable to act for any reason, the Depute
Provost of the Council may at any time call such a meeting.  If the Offices of Provost
and Depute Provost are both vacant or if neither the Provost nor the Depute Provost
are able to act for any reason, the Leader of the Council, in consultation with the
Leader of the Opposition may call such a meeting.  In the event of these offices being
vacant or otherwise unable to act, the Chief Executive may convene such a meeting. 
3.3  The date, time and venue/mode of a Special meeting will be as determined by the Chief
Executive but the meeting must be held within fourteen days of receipt of the
requisition. The meeting may be held on a wholly remote basis by electronic means or
alternatively whereby some Members attend in person and others take part via remote
means (a ‘hybrid’ meeting). 
4. Last Meeting of the Council prior to the Election 
4.1  At the last meeting of Council prior to the local government election, no new business,
motions or questions may be brought before the meeting.  All Minutes of the previous
meeting or meetings of the Council to be approved, shall be submitted for approval and
signed by the Provost as a correct record. 
5. Notice of Meetings and Cancellation of Meetings 
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4 
5.1  Public Notification 
Public notification of meetings shall be given by posting a notice at the Council Offices
and on the Council’s website, at least three clear working days before the meeting. 
The notice of the meeting shall comprise: 
i. The date, time and place/mode of the meeting: and
ii. The list of items of business to be transacted.  No business shall be transacted
at the meeting other than that specified in the notice of meeting with the
exception of business which is legally required to be transacted at a meeting of
the Council or any other business brought before the meeting as a matter of
urgency in accordance with these standing orders. 
Notice to Councillors 
5.2  Notice of meetings shall be given by the Chief Executive to all Councillors in
accordance with the provisions of the 1973 Act as amended, by posting, delivering or
sending by electronic means the following: 
i. The date, time and place/mode of the meeting; and
ii. The list of items of business to be transacted. 
5.3  The validity of any meeting of the Council shall not be affected by the failure of any
Member to receive notice of a meeting. 
Cancellation of Meetings 
5.4  The Chief Executive may cancel any scheduled meeting for exceptional reasons (for
example severe weather conditions) as are thought to be appropriate in consultation
with the Provost, Leader of the Council and Leader of the Opposition.  Cancellation will
be intimated as soon as possible by email to Councillors and on the Council’s website
and the meeting will be re-scheduled. 
5.5         Meetings of Committees of the Council where there is no business to transact will be
cancelled by the appropriate Chief Officer in consultation with the Committee Chair. 
6.  Provost and Depute Provost 
Election and Terms of Office 
6.1  The Council will elect a Convener and Depute Convener from its Membership, to be
known as ‘Provost’ and ‘Depute Provost’ respectively. 
6.2  The terms of office of the Provost and Depute Provost shall, subject to paragraph 6.5,
be the term of office of the Council, or, in the case of a person appointed to fill a casual
vacancy, the remainder of that term. 
6.3  A person holding the office of Provost or Depute Provost shall be eligible for re-election
but shall cease to hold the office upon ceasing to be a Councillor. 
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5 
6.4  On a casual vacancy arising in the offices of Provost or Depute Provost, an election to
fill the vacancy shall be held as soon as practicable at a meeting of the Council.  The
notice for the meeting shall specify the filling of the vacancy as an item of business to
be transacted. 
6.5  The appointment of Provost and Depute Provost will be for the term or remainder of the
term of office of the Council unless otherwise provided by statute or by motion
approved by Council to remove the Provost/Depute Provost.  A motion to remove the
Provost or Depute Provost will be intimated in writing in accordance with these
Standing Orders.  Such motion requires to be approved by seventeen Members of the
Council present and voting at the Council meeting in order to be carried.  The Council
may proceed immediately to fill any resultant vacancies. 
Duties and Powers of Provost/Depute Provost 
6.6  At a meeting of the Council, the Provost or in their absence the Depute Provost, whom
failing such other Member as the meeting may decide, shall preside, whether in person
or through remote access. 
6.7  Respect will at all times be paid to the authority of the Provost or the Depute Provost, or
such other Member presiding, when chairing any meeting of the Council. 
6.8  It shall be the duty of the Provost to:  
i. Preserve order and ensure fairness in debate;
ii. Decide all matters of order, competency and relevancy;
iii. Ensure that Standing Orders are observed;
iv. Determine any questions of procedure for which no express provision has been
made in these Standing Orders;
v. Maintain order and at their discretion, order the exclusion of any member of the
public who is deemed to have caused disorder or misbehaved;
vi. Adjourn a meeting in the event of disorder arising to a time, which the Provost
may then or afterwards, fix (the quitting of the Chair by the Provost shall be the
signal that the meeting is adjourned).  In the event the Provost quits the Chair
without disorder having arisen, the meeting shall not be adjourned and the
Depute Provost or in their absence another Member of the Council chosen by
those Members present shall assume the Chair; and
vii. Decide whether to have a recess during a meeting. 
6.9  The decision of the Provost on all matters within their powers shall be final and shall not
be open to question or discussion. 
7. Suspension of Members 
7.1 In the event of any Member disregarding the authority of the Provost or obstructing the
meeting or conducting him/herself offensively, acting disrespectfully or in contravention
of Standing Order 12.1 and the Provost calling attention to the same, the Council may,
on the motion of any Member, (duly seconded and supported by the vote of a majority of
the Members present and voting), suspend such Member for the remainder of the sitting.
No debate will be allowed on such a motion. The Member concerned shall forthwith
leave the Council Chamber, meeting place or remote meeting platform. The Provost may
be entitled to call for such assistance as they deem necessary to enforce a decision to
suspend any such Member taken in terms of these Standing Orders.
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8. Appointment and Removal of Members 
8.1  The appointment of Members to any Committee, Joint Committee, Joint Board or
outside body will be for the term or remainder of the term of office of the Council unless
otherwise provided by statute or by motion approved by Council to remove the Member
from the Committee etc 
8.2  A motion to remove the Chair or Vice-Chair of a Committee requires to be intimated in
writing in accordance with these Standing Orders, providing reasons for the proposed
removal and include a proposal for replacement to that office from the complement of
the existing Members of that Committee. 
8.3  A motion to remove an ordinary Member of Committee requires to be intimated in
writing in accordance with these Standing Orders. The Council may proceed
immediately to fill any resultant vacancy subject to the terms of Standing Orders 8.4
and 8.5. Notification of any vacancy filled in accordance with Standing Order 8.5 will be
reported to the next available Council meeting for noting. 
8.4    Wherever possible, Officers will give 10 Clear Working Days’ notice of a vacancy, on
any Committee, Joint Committee, Joint Board or outside body, the filling of which is to
be considered at a subsequent Council meeting.  Providing Members are given 10
Clear Working Days’ notice, no nomination shall be considered for any such post
unless (a) the nomination has been intimated in writing and delivered or e-mailed to the
Chief Executive not later than 2:00 p.m. on the Wednesday of the week preceding the
meeting and (b) the consent of the person nominated is given at the time of nomination. 
Where less than 10days’ notice is provided, no nomination will be considered unless it
has been intimated in the same manner by 12noon on the day of the meeting. 
8.5  Where any appointed or nominated Member is a member of a political group within the
Council, then where such member is on Family Leave or resigns from a Committee, the
Integration Joint Board or the Council, any replacement may be nominated by that
political group notifying the Chief Executive.  At least 10 Clear Working Days’ notice is
required before the change is implemented.  Any replacement must be nominated by
the relevant political group within 12 weeks of the vacancy or resignation occurring
failing which, the vacancy will fall to be filled in accordance with the procedure set out in
Standing Order 8.4. 
8.6 Subject to the provisions of Section 35 of the 1973 Act, if a Member fails throughout a
period of six consecutive months to attend any meeting of the Council, Committee,
Joint Committee or Joint Board to which any function of the Council has been
delegated, or to attend as a representative of the authority at a meeting of any body or
person, they shall, unless the failure to attend was due to some reason approved by
Council cease to be a Member of North Ayrshire Council.  A Member who has properly
notified the Council, by intimating in writing to the Chief Executive that they are on
Family Leave, will be deemed to have a reason approved by Council for non-
attendance at Council and its Committees. 
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9. Quorum 
9.1  Subject to the provisions of the 1973 Act, no business will be transacted at a meeting of
the Council unless at least nine Members are present.  For the avoidance of doubt, the
definition of present’ shall include the participation of Members via a remote meeting
platform. 
9.2  If at a time ten minutes after the appointed commencement for the meeting a quorum is
not present the meeting will stand adjourned. If at any time after a meeting has
commenced a quorum of Members is not present the Provost or in their absence, the
Depute Provost of the Council shall adjourn the meeting and any business not
considered will be postponed to and considered at the next meeting. 
9.3 The quorum of other Committees and Sub-Committees of the Council will be dealt with
in the Scheme of Administration. However, where no specific reference is made to a
quorum, it will be one quarter of the membership of the relevant Committee or Sub
Committee, subject to a minimum requirement of two Members. 
9.4  If the Provost and the Depute Provost are absent from a Council meeting and the
Council fails to elect another Member to chair that meeting, the meeting will not be
convened. 
10. Order of Business 
10.1 At all meetings of the Council and other than the meeting held in accordance with
Standing Order 1.2 above or a Special Meeting to set the budget, the order of business
shall be: 
i. The Chair shall be taken in accordance with these Standing Orders;
ii. The sederunt shall be taken;
iii. Any apologies shall be tendered;
iv. Any Declaration of Interest shall be tendered;
v. Declaration of whether a Party Whip has been applied to any item;
vi. Approval of the accuracy of Minutes of Council Meetings.  There shall be no
discussion of the minutes, except upon their accuracy and any question on
their accuracy shall be raised by amendment to the motion to approve in
accordance with Standing Order 29.3;
vii. Provost’s report;
viii. Leader’s report;
ix. Minutes of meetings of Committees of the Council – submission for noting, and
for approval of any recommendations;
x. Minutes of the Community Planning Partnership Board – submission for noting;
xi. Requests to recognise the work of individuals or groups within North Ayrshire;
xii. Presentations;
xiii. Business expressly required by statute to be done at the meeting;
xiv. Business (if any) remaining from the last meeting;
xv. Any items from the Cabinet referred for determination;
xvi. Any items referred by any of its Committees for determination by the Council; 
xvii. Appointment to Committees, Joint Committees, Joint Boards or outside bodies  
xviii. Any business as per the agenda 
xix. Questions; 
xx. Motions. 
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10.2  Items 10.1 vii, viii, xi, xv, xvi, xvii, xix and xx shall be business for Council meetings
only, not for any Committee. 
10.3  At meetings to consider the setting of the Council’s annual revenue or capital budgets,
the order and conduct of business shall be as follows: 
i. The Chair shall be taken in accordance with these Standing Orders;
ii. The sederunt shall be taken;
iii. Any apologies shall be tendered;
iv. Any declaration of Interest shall be tendered; 
Declaration of whether a Party Whip has been applied to any item;
v. Budget business on the agenda shall be transacted in the following manner: 
a) The Officer will speak to the budget report;
b) Members will be entitled to ask questions of the Officer on the content of the
report.
c) The Administration propose the motion previously intimated to the Chief
Executive and approved by statutory officers in accordance with Standing
Order 15.3, being Administration’s budget and Council Tax for the year;
d) The main Opposition group (based on the largest opposition party in terms of
numbers of councillors elected) will have the opportunity to propose any
Amendment previously intimated to the Chief Executive and approved by
statutory officers in accordance with Standing Order 15.3;
e) The second Opposition group (based on numbers of councillors elected) will
have the opportunity to propose any Amendment previously intimated to the
Chief Executive and approved by statutory officers in accordance with
Standing Order 15.3;
f) The third Opposition group (based on numbers of councillors elected) and
thereafter any further Opposition groups (in order of number of councillors
elected) will have the opportunity to propose any Amendment previously
intimated to the Chief Executive and approved by statutory officers in
accordance with Standing Order 15.3;
g) Independent Members (if a formal group is formed) will have the opportunity
to propose any Amendment previously intimated to the Chief Executive and
approved by statutory officers in accordance with Standing Order 15.3 ;
h) Any other Members (from individual parties or independent councillors) will
have the opportunity to propose any Amendment previously intimated to the
Chief Executive and approved by statutory officers in accordance with
Standing Order 15.3on the basis of the order of intimating that intent to the
Provost;
i) Questions of clarification to those moving a motion or amendment or to
officers about the report will be taken;
j) If there is no amendment, the motion will be carried;
k) If there is an amendment, and prior to going into debate, the Provost will call
a recess;
l) After recess the Provost will check if there are any changes to the
Administration motion and the amendments, or whether there are any further
amendments.  To avoid confusion, motions and amendments retain their
original order; namely Administration Motion, Main Opposition amendment,
Second Opposition amendment, Independent amendment and other
amendments;
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m) Questions of clarification on any amended motions or amendments will be
permitted;
n) Debate;
o) Summing Up;
p) Vote (s). 
10.4  With the exception of a motion or amendment lodged under Standing Order 15.1 or
15.3, which has been withdrawn with the agreement of both the mover and seconder in
accordance with Standing Order 16.5, no item will be removed from the agenda unless
with the agreement of all Members present. 
10.5 The Provost at any meetings of the Council may alter the order of business to facilitate
the conduct of the meeting. 
10.6 A period of 45 minutes (excluding any period of recess) will be permitted to consider
individual agenda items, with the exception of the budget, question time allotted for
questions lodged in terms of Standing Order 14.2 and quasi-judicial items including
time for any questions to officers, proposing and seconding motions and amendments,
debate and summing up unless the Provost at their sole discretion determines
otherwise and allows a longer period for consideration. 
10.7 Subject to the right of any Member to move to close the debate earlier in accordance
with Standing Order 16.2, the Provost may call for a vote on the agenda item, after 45
minutes has elapsed, subject to the right of the mover of any motion or amendment(s)
to sum up prior to the matter being put to the vote. 
Urgent Items 
10.8  At all ordinary, special and statutory meetings of the Council, no business other than
that on the agenda shall be discussed in terms of Section 50B of the 1973 Act except
whereby reason of special circumstances which shall be specified in the Minutes, the
Provost is of the opinion that the item should be considered at the meeting as a matter
of urgency.  The test for urgency is whether the matter could wait to a subsequent
meeting.  Any request for urgent business must be intimated to the Provost no later
than two hours prior to the meeting.  The Provost will advise Council of the general
terms of the request and thereafter advise whether the item is to be considered, and if
so, at what stage during the meeting. 
Declaration of Party Whip 
10.9 When a Party Group represented on the Council has applied the party whip binding
party Members to adhere to their decision on an item of business before the Council, a
declaration to this effect must be made by the Leader or Depute Leader of that Party,
whom failing a Member of that party at the commencement of the meeting whether or
not they are called upon to do so. 
Provost and Leader’s reports 
10.10  The reports by the Provost and Leader shall be heard by the Council as matters of
information and shall not be subject to questions, debate or motions. 
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11. Declaration of Interest 
11.1 If any Member of the Council has a financial or non-financial interest in any contract or
any other matter as defined by section 5 of the Code of Conduct for Councillors and is
present at any meeting at which the matter is to be considered, they must as soon as
practical, after the meeting starts, disclose that they have an interest and the nature of
that interest.  The Member must leave the meeting or remote meeting platform (as
applicable) unless the interest is covered by one of the exclusions in the Councillors’
Code of Conduct or is so remote or insignificant that a member of the public, knowing
all the relevant facts, would reasonably regard the interest as so insignificant that it
would be unlikely to prejudice the Councillors’ discussion or decision making. 
11.2  Where a Member declares an interest and leaves the meeting or remote meeting
platform (as applicable) the facts will be recorded in the minutes of the meeting. 
12. Code of Conduct 
12.1  All Members of the Council are accountable for their own individual conduct and must
observe the Code of Conduct for Councillors and any guidance issued by the
Standards Commission for Scotland, the law and the terms of the Council’s Standing
Orders.  In addition to the foregoing generality, the following standards of behaviour at
meetings of the Council and its Committees must be observed: 
12.2  Members must respect and behave courteously to the Provost, Member colleagues,
Council employees and any members of the public present at meetings or other formal
proceedings of the Council. 
12.3  Members shall conduct themselves in an orderly, courteous and respectful manner and
comply with the rulings of the Provost and otherwise respect the authority of the
Provost.  This includes rulings on the proper and timely conduct of meetings, the
acceptability of conduct and language used, and the fairness and sufficiency of the
debate.  When the Provost speaks, any Member who is addressing the meeting will
stop speaking immediately. No members will speak until the Provost has finished
speaking. 
12.4  When a Member is addressing the meeting, other Members shall not converse or
otherwise behave in a manner which is disruptive to the Member speaking or to the
meeting.  Abusive or offensive language shall not be acceptable and Councillors shall
have regard at all times to the requirements of the equalities legislation.  Members must
wait to be invited by the Provost to speak at any meeting. 
12.5  All phones should be switched off or on silent and Members should not correspond,
whether by email, text, or any other electronic means with any other Member or other
person during a Council Meeting (except as required for the conduct of any non-
regulatory meeting and providing this is done in a manner which respects the authority
of the Provost).  The use of social media is prohibited during the conduct of all Council
meetings. Research through the internet is permitted providing it is done in a manner
which respects the authority of the Provost and does not interfere with the business of
the meeting.  Such restrictions shall not preclude participation in a meeting which takes
place over a remote meeting platform. 
13. Public Access to Meetings
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13.1  Every meeting of the Council shall be open to the press and public to the extent that
they are not excluded under the provisions of Sections 50A (2) and (4) of the 1973 Act. 
13.2  The Council may by resolution at any meeting exclude the press and public therefrom
during consideration of an item of business where it is likely in view of the nature of the
business to be transacted or of the nature of the proceedings that if Members of the
press and public were present there would be a disclosure to them of exempt
information as defined in Schedule 7 (A) of the 1973 Act or it is likely that confidential
information would be disclosed in breach of an obligation of confidence.  The
categories of exemption, which may apply under Schedule 7 (A) of the 1973 Act, are
set out in Appendix A of Standing Orders. 
13.3  These provisions shall be without prejudice to the Provost’s powers of exclusion in
order to suppress or prevent disorderly conduct or other misbehaviour at a meeting as
detailed in Standing Order 6.8 hereof. 
14.  Questions 
Questions submitted in advance of a meeting 
14.1  Any Member may ask a question at any meeting of the Council concerning any relevant
and competent business not arising upon the agenda provided the terms of the
question have been intimated in writing and delivered or e-mailed to the Chief
Executive not later than 2.00pm on the Monday of the week preceding the meeting.
The question as tabled should not include supplementary or contextual text or
preamble other than is directly related to and necessary to assist in understanding the
question.  With the exception of questions to which a political response is sought,
written responses to the questions tabled will be issued immediately prior to the
meeting and uploaded to the Council’s website.  Political responses to questions will be
uploaded after the meeting. 
14.2  The agenda of the Council meeting will allow a period of 60 minutes (excluding any
period of recess) to consider and respond to questions submitted by Members in
advance of the meeting unless the Provost at their sole discretion determines otherwise
and allows a longer period for consideration.  In the event that all questions tabled are
not transacted within the allocated time, the questions as tabled and written answers as
intimated immediately prior to the commencement of the meeting will be included in the
Minute of the Meeting.  In respect of political questions tabled and not answered orally
during the allotted time period, a written response, as approved by the Provost in
consultation with the Chief Executive and Solicitor to the Council for legal purposes, will
be provided within 24 hours of the meeting ending and included in the Minute of the
meeting. 
14.3 The process for selecting the order of questions for the agenda is as follows: 
• Questions received are divided into lots: 
o Lot one – main Opposition;
o Lot two – second Opposition;
o Lot three – third Opposition; 
o Lot four – Independent Members and Opposition Parties with fewer            
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than 2 members and 
o Lot five – the Administration. 
• Questions will be put into each lot, by list, in the order received by the Chief
Executive, unless all Members of the relevant group have given prior written
agreement to the Chief Executive, that the order in which questions are listed in
the lot for allocation can be specified by the leader of that group; 
• Questions will be allocated to the agenda from each lot list in turn starting from
lot one to lot five (one question from each lot in rotation) until all questions have
been allocated to the agenda. 
• If further Opposition groups are formed during the course of the Administration,
they will be added to the Lot system in order of number of councillors in the
respective group. 
14.4 The Member asking the question at the Council meeting may read out the question with
the contextual preamble tabled. No further preamble shall be permitted.  The time for
delivery of each question tabled to Council for response shall not exceed 2 minutes. 
Responses to questions should also be delivered within 2 minutes but may also be
taken “as read” in the event that the Member asking the question so agrees.  The
Provost may at their discretion allow a supplementary question arising directly from the
answer given to the original question.  The time for delivery of a supplementary
question and answer will each not exceed 2 minutes.  If a Member does not have the
opportunity to seek a supplementary question because no time remains, they can
submit it in writing to the Chief Executive by 10am on the morning immediately
following the meeting who will use best endeavours to arrange for a written answer to
be provided by 12 noon on the Monday following the meeting. It will be competent for
any Member of the Council to move a question of which the requisite notice has been
given if the Member submitting the question is absent from the meeting, however no
supplementary question will be permitted if the Member submitting the question is
absent from the meeting. 
14.5  No discussion or resultant motions at the meeting to which the question is put shall be
competent on any questions so intimated or answers given. 
14.6  Such questions may be directed to the Leader of the Council, any Cabinet Member,
The Chair of any Committee, or Council appointees on Outside Bodies.  Such
questions must relate to the functions of such office holder or member. In relation to
responses from appointees on Outside Bodies, it should be noted that the responses
will be as permitted by that Member’s role on the Outside Body and subject to any
confidentiality requirements of that role. 
Competency of Questions 
14.7  A question shall not be deemed competent for inclusion on the agenda or consideration
at the meeting if, in the opinion of the Solicitor to the Council the question is: 
i. Likely to be illegal, defamatory or in breach of Data Protection principles;
ii. Contrary to Standing Orders;
iii. The same or similar to a written question submitted and placed on the agenda
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in terms of Standing Order 14.1 and any supplementary question following on
from that question, asked at Council in the previous 6 months;
iv. Similar in terms to a question that has already been submitted to the same
meeting by another Member;
v. Received during pre-election periods and related or could relate to political
parties, candidate(s) or campaign matters in the election or referendum
concerned. 
In such circumstances or if the notice of question gives rise to other concerns in terms
of competency, the Solicitor to the Council shall immediately submit such notice of
question to the Provost and it shall not be accepted and placed on the agenda without
their sanction. In the event of non-acceptance, the Solicitor to the Council shall so
inform the Member who submitted the notice of question who will accept the decision of
the Provost as final.   
Questions relating to items of business on an Agenda 
14.8  As Members have the opportunity to submit Congratulatory Motions in terms of
Standing Order 15.4, it shall not be competent to ask a question which seeks to
congratulate, commend or recognise any individual or group in relation to their
achievements or activities in North Ayrshire. 
14.9  Except when in debate, any Member may ask a question at any meeting of the Council
concerning any item of business arising upon the agenda.  Such questions must be
relevant to the item of business under consideration and must be directed to any senior
officer seeking clarification of the terms of a report or to the mover or seconder of any
motion or amendment seeking clarity of their motion or amendment. 
14.10 Except on a question of order or with the agreement of the Provost it shall not be
competent for any Member to ask a question once Council is in debate. 
14.11 In relation to both a question submitted in advance of a meeting and a question relating
to an item on the agenda, the person answering must ensure there is a reasonable
factual basis for any statement of fact made in response. 
Questions of Order 
14.12 A Question of Order shall relate only to an alleged breach of a Standing Order.  Any
Member indicating a desire to raise a question of order shall state at the outset the
number or terms of the Standing Order they consider to be infringed and the way in
which the Member raising it considers that it has been broken.  When a Question of
Order is raised, the Member then addressing the meeting will stop until the
determination of the Question of Order.  No Member other than the Member who raised
the Question of Order will speak to that question, except with the permission of the
Provost. 
14.13  The decision of the Provost on a Question of Order will be final.  No debate on a point
of order is permitted.  After a Question of Order is decided, the Member who was
addressing the meeting at the time when it was raised will be entitled to proceed with
the discussion, giving effect to the Provost’s ruling. 
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15. Motions 
Notices of Motion or Amendment 
15.1 No Member shall be entitled to propose a motion other than one directly arising out of
an item of business on the agenda of the meetingunless the proposer and seconder
have delivered or e-mailed notice of the terms of the motion to the Chief Executive not
later than 2.00pm. on the Monday of the week preceding the meeting.  It will be
competent for any Member of the Council to move a motion of which requisite notice
has been given unless the motion has been withdrawn by both the original mover and
the seconder in accordance with Standing Order 16.5. 
For amendments proposed in relation to motions lodged under this Standing Order,
notice of amendment from the proposer and seconder should be emailed to the Chief
Executive not later than 2pm on the Monday prior to the Council meeting and after
having been checked for competency, will be circulated to Members in advance of the
meeting.  Notwithstanding the requirement for amendments to motions lodged under
this Standing to be notified in advance and without prejudice to standing order 16.7, it
will be competent to propose further amendments at the Council meeting following the
questioning of the proposer of either the substantive motion or any previously notified
amendment as outlined in this clause. Notwithstanding that a motion has been placed
on the agenda and no notice of amendment has been lodged, it is competent for
questions to be asked of the mover of that motion prior to the motion being approved
and if appropriate, an amendment can be lodged to that motion on the undernoted
basis.  Amendments to motions or amendments lodged by Members in terms of this
clause and made during the meeting must: 
• directly relate to the issues raised during questioning or
• directly relate to matters contained within amendments previously notified. 
All such amendments will be restricted to the same parameters of relevance, outcomes
and timescales in accordance with the notification requirements of this standing order. 
15.2  Except as otherwise provided in these standing orders, it shall also be competent for
any Member to propose a motion or amendment relating to any item of business on the
agenda of a meeting, providing such motion or amendment is directly relevant to the
item under consideration. 
Motions or Amendments at the Annual Budget Meeting   
15.3     Standing Orders 15.1 and 15.2 do not apply at the annual budget setting meeting which
considers the Annual General Services Revenue Estimates and the setting of Council
Tax and other financial budget setting reports. 
For initial motions or amendments proposed in relation to the setting of the Annual
General Services Revenue Estimates and setting of Council Tax at the budget setting
meeting these should be emailed by the proposer and seconder to the Chief Executive
not later than 2pm on the Wednesday, two weeks prior to the Council meeting. 
Notwithstanding the requirement for motions and amendments lodged under this
Standing Order to be notified in advance and without prejudice to standing order 16.7, it
will be competent to propose further amendments at the Council meeting following the
questioning of officers or the proposer of either the substantive motion or any
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amendment through following the procedure outlined in Standing Order 10.3.  Motions
or amendments lodged by Members in terms of this clause and made prior to and
during the meeting must: 
• Have a current detailed assessment for equalities and other statutory impacts
which meet statutory requirements.
• Be approved for competency prior to lodging by the Section 95 Officer;
• Be approved for competency prior to lodging by the Monitoring Officer and
• propose the setting of a balanced budget. Any amendment which proposes
negation to a motion to set a balanced budget or would result in failing to set a balanced
budget lodged during the meeting will not be competent. 
Motions or amendments lodged in accordance with this provision will be notified to
other Members and published not earlier than 2pm on the Monday preceding the
Council budget setting meeting. 
15.4  Any motion or request signed by at least two Members which seeks to congratulate,
commend or recognise any individual or group in relation to their achievement or
activities within North Ayrshire shall be included in the agenda item detailed in Standing
Order 10.1 (xi).  That item will simply detail the name of the person or group to be
recognised and the reason for the recognition.  In the absence of any dissent, the
agenda item will be treated as approved.  If there is any dissent as regards any
particular individual or group, the matter shall proceed to a vote, without any questions
or debate. 
15.5  A notice of motion, motion or amendment shall not be deemed competent for inclusion
or consideration on the agenda if, in the opinion of the Solicitor to the Council the
motion or amendment is: 
i. Likely to be illegal, defamatory or in breach of Data Protection principles;
ii. Likely to give rise to a contravention by the Council of any enactment or rule of
law or any code of practice made or approved by or under any enactment;
iii. Contrary to Standing Orders;
iv. The same or similar to a motion determined at Council in the previous 6
months;
v. Similar in terms to a motion that has already been submitted to the same
meeting by another Member;
vi. Likely to incur expenditure, the source of which has not been identified;
vii. Likely to result in a reduction of income, the compensatory source for the
income lost not having been identified;
viii. Proposing use of the Council’s reserves as a source of funding for the purpose
of the motion or amendment without the prior advice and agreement on
competence from the Chief Financial Officer having been obtained;
ix. Proposing use of the Council’s reserves as a source of funding for the purpose
of the motion or amendment where this would result in the Council’s reserves
dropping below the minimum threshold;
x. Required to be assessed for equalities impact;
xi. Imprecise as to outcome;
xii. Received during pre-election periods and relates or could relate to political
parties, candidate(s) or campaign matters in the election or referendum
concerned. 
xiii. Would result in not setting a balanced budget at the Council’s budget setting
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meeting
xiv. Proposes the negative to a motion or amendment lodged to set a balanced
budget  
In such circumstances, or if the notice of motion or amendment gives rise to other
concern in terms of competency, the Solicitor to the Council shall immediately submit
such notice to the Provost and it shall not be accepted, placed or considered on the
agenda or at the meeting without their sanction.  In the event of non acceptance, the
Solicitor to the Council shall so inform the Member who submitted the notice of motion
or amendment who will accept the decision of the Provost as final. 
Motions arising from Outside Bodies 
15.6 In the event of the Chief Executive or the Leader of the Council receiving a request for
support of a motion or resolution passed by another local authority or other public body,
the procedure set out in Appendix C to these Standing Orders shall apply. The
procedures for Motions as provided for in Standing Order 15.1 shall apply equally in
such circumstances. 
Time for Consideration of Motions 
15.7  The time to deal with each motion including time for any questions, proposing and
seconding motions and amendments, debate and summing up, (but excluding any
period of recess) shall be no longer than 45 minutes unless the Provost at their sole
discretion determines otherwise and allows a longer period for consideration.  Subject
to the right of any Member to move to close the debate earlier in accordance with
Standing Order 18.2, the Provost may call for a vote on a motion, after 45 minutes have
elapsed, subject to the right of the mover of any motion or amendment(s) to sum up
prior to the matter being put to the vote. 
16. Procedure Prior to Debate 
16.1  In relation to items of business on the agenda, the Provost will ask the Council
Administration if they wish to propose a motion (except in relation to 10.1 (xx) Motions,
when the proposer of the motion shall be given the first opportunity to propose the
motion, which failing, any Member may propose the motion).  If a member of the
Council Administration does not propose a motion, any Member may propose a motion. 
Any such motion must be immediately seconded.  Thereafter the Provost will seek any
amendments, which should also be seconded.  The proposer and seconder of any
motion or amendment may speak to their motion or amendment for up to 5 minutes
when proposing it, otherwise they shall be allowed to speak to it during debate.  Where
the motion or amendment relates to the annual setting of the General Fund or Housing
Revenue Account revenue or capital budget or level of Council Tax or housing rent, the
proposer and seconder of any motion or amendment will not speak for any more than
10 minutes when proposing it, except with the consent of the Provost, otherwise they
shall be allowed to speak to it during debate. 
16.2  All motions and amendments must be directly relevant to the report to which they refer. 
Any amendment to a motion lodged in accordance with Standing Order 15.1 shall be a
counter proposal to the respective motion and restrict itself to the same parameters of
relevance, outcomes and timescales. 
The Provost shall have the authority to rule out of order:
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i. any motion or amendment which they may consider irrelevant;
ii. any motion which is substantially the same as a previous motion on the
agenda;
iii. any amendment which is substantially the same as the motion or another
amendment;
iv. any amendment which is in the opinion of the Provost insufficiently linked to the
business/motion under consideration and falls outwith the appropriate
parameters of relevance which the Provost shall at their discretion determine
v. Any amendment proposing the negative to a motion or amendment lodged to
set a balanced budget.
vi. Any motion or amendment at the budget meeting which would not set a
balanced budget. 
16.3  A Member who has moved an amendment but failed to find a seconder may if they so
request have their dissent to a decision recorded in the minutes.  Such a request may
also be made by any Member whether or not they have moved a motion or
amendment. 
16.4  For meetings of North Ayrshire Council only, any motion or amendment shall be
displayed at the meeting.  Notwithstanding this, the terms of such motion or
amendment require to be repeated or referred to by the Member moving such. 
16.5  A motion or amendment once moved and seconded shall not be altered nor withdrawn
without the consent of the mover and seconder.  Once in debate the consent of Council
will be required to the alteration or withdrawal of any motion or amendment. If the
motion is withdrawn, the first amendment which is not the direct negative becomes the
motion. 
16.6  No Member shall move or second more than one motion or amendment upon a
particular issue although a Member who has moved or seconded a motion or
amendment shall not be precluded from moving or seconding a fresh amendment if he
or she fails to find a seconder for their motion or if the original motion or amendment is
withdrawn.   
16.7  As detailed in Standing Order 14.9, prior to debate any Member may ask a question at
any meeting of the Council concerning any item of business arising upon the agenda. 
Such questions must be directly relevant to the item of business under consideration
and must be directed to any senior officer seeking clarification of the terms of a report
or to the mover or seconder of any motion or amendment seeking clarity of their motion
or amendment.  A Member may also ask the mover and seconder of the motion or
amendment if they are prepared to amend or alter their motion or amendment to
achieve consensus. 
17.  Debate 
17.1  There shall be no debate unless there is a motion and amendment both of which are
seconded. 
17.2  When the Provost is satisfied that there are no more motions, amendments or
questions to be raised they will state that Council is in debate.
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17.3  Once in debate, no other motion or amendment will be moved except in the following
circumstances:- 
i. to suspend a Member in terms of Standing Order 7;
ii. to adjourn the debate in terms of Standing Order 6.8 or 18.1; or
iii. to close the debate in terms of Standing Order 18.2 
17.4 Once in debate, no question will be asked except in the following circumstances: 
i. a question of order in terms of Standing Order 14.12;
ii. with the agreement of the Provost 
17.5  The mover of a motion or an amendment will not speak for more than five minutes,
except with the consent of the Provost.  Each successive speaker will not speak for
more than five minutes.  When the Member has spoken for the allotted time, they will
be obliged to finish speaking, otherwise the Provost will direct the Member to cease
speaking. 
Where the item under discussion is the annual setting of the General Fund or Housing
Revenue Account revenue or capital budget or level of Council Tax or housing rent, the
proposer and seconder of any motion or amendment will not speak for any more than
10 minutes, except with the consent of the Provost. 
17.6  Every Member of the Council who speaks at any meeting of the Council will address
the Provost and direct their speech to the subject matter of the item of business and
endeavour to ensure that there is a reasonable factual basis for any statements made. 
17.7  Subject to the right of the mover of a motion and the mover of an amendment to reply,
no Member will speak more than once on the same item of business at any meeting of
the Council, except: - 
i. on a question of order;
ii. with the permission of the Provost
iii. and in either of these cases no new matter will be introduced. 
17.8  Summing-up: - The mover of an amendment and thereafter the mover of the original
motion will have a right of reply for a period of not more than 5 minutes.  They will
introduce no new matter and once a reply is commenced, no other Member will speak
on the subject of debate.  Once these movers have replied, the discussion will be held
closed and the Provost will call for the vote to be taken. 
17.9  Officers present at the meeting, with the exception of the Chief Executive, the Solicitor
to the Council, the Chief Financial Officer and the Chief Social Work Officer will not be
allowed to address the Council once the Council is in debate, except: - 
i. where the Officer has been asked a direct question by the Provost:
ii. where a question of legal or financial propriety or Best Value requires to be
addressed or clarified;
iii. where the Officer is asked to address an issue for clarification by the Provost
and where the Provost decides that the Officer’s advice is required. 
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17.10 It should be noted that Officers should be treated in accordance with the Protocol for
Member/Officer relations and the provisions of the Code of Conduct for Councillors. 
18.  Procedural Motions 
18.1  Any Member of the Council may at the conclusion of any speech move that the Council
adjourns and such motion will have precedence over all other motions.  Such a motion
must be seconded but need not be reduced to writing.  It will be moved and seconded
without discussion and will immediately be put to the meeting.  When an adjourned
meeting is resumed, subject to Standing Order 10 it will commence at the point at
which it was broken off at the adjournment. 
18.2  It will be competent for any Member who has not already spoken in a debate to move
the closure of such debate.  The motion must be seconded but need not be reduced to
writing. It will be moved and seconded without discussion and will be immediately put to
the meeting for the vote to be taken. If a majority of the Members present vote for the
motion, the debate will be closed. 
However, closure is subject to the right of the mover of the motion and of the
amendments(s) to sum up in accordance with standing orders.  Thereafter, a vote will
be taken immediately on the subject of the debate. 
19.  Voting 
19.1  All business of the Council will be decided by a majority vote of those Members present
and voting, except in those circumstances where Standing Orders specify otherwise in
terms of Standing Orders 6.5, 19.5, 23.1 and 25.1. 
19.2  When a motion and two or more amendments to it are before a meeting and any one of
the proposals, in the opinion of the Provost, implies negation, the vote shall be taken on
the proposal involving negation as soon as the debate is completed and before the
vote, if any, on the remaining proposals is taken.  The proposal involving negation shall
be put to the meeting in the form of “proceed” or “not proceed”. If “not proceed” is
carried by majority of votes, the remaining proposals shall drop, but if “proceed” is
carried a vote shall be taken between the remaining proposals as hereinafter provided. 
19.3  Where a motion and one amendment only are before the meeting these will be voted
on together, but if there are more amendments than one, the amendment first proposed
will be put to the vote against the motion.  The winner of that vote will then be put
against the second amendment, and so on. 
19.4  If a Member wishes their abstention to be recorded in the minutes, they must
immediately declare so to the meeting when the vote has been taken. 
19.5 For the Local Development Plan Committee only and where seventeen Members of
Council present and voting so decide, the following alternative procedure to that
detailed in Standing Order 19.3 hereof may be adopted:- if there are more amendments
than one, the amendments will each be the subject of a separate debate, vote and
determination, starting with the first amendment.  If the first amendment is agreed, the
substantive motion will be altered to give effect to the wording of that amendment
before debate, vote and determination of the second amendment and so on.  Once the
debate on the first amendment commences, no new motion or amendment shall be
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lodged, except in the circumstances set out in Standing Order 16.3.  Except as required
to give effect to this paragraph, all remaining provisions of Standing Orders shall
remain in full force and effect. 
Casting Vote 
19.6  In the case of an equality of votes, the Provost or Depute Provost if presiding, or in the
absence of the Provost/Depute Provost, such other Member presiding, shall have a
second or casting vote except where the matter which is the subject of the vote relates
to the appointment of a Member to any particular office or Committee, in which case the
decision shall be by lot. 
Roll Call Votes 
19.7  Voting shall normally be by a show of hands but at the Council Meeting which is held in
person, if six or more of the Members present so request, the name of each Member
voting or declining to vote shall be recorded in the minute by the Chief Executive by
calling the roll of the Members. In relation to Committees held in person, no less than
three Members will be required to request a roll call vote.  Where the meeting is being
held via a remote meeting platform, and unless Council agrees to use an electronic
voting system which transparently displays how individual Members have voted, all
voting shall be by roll call vote. 
Voting by Ballot 
19.8  If the Council so decides, voting shall be by ballot, which shall be undertaken by the
Chief Executive to ensure the secrecy of the vote.  A decision to proceed by ballot shall
require a majority of those Members present and voting before the ballot may be
undertaken.  Where the meeting is being held via a remote meeting platform, unless
there is an agreed electronic voting system in use which allows for a secret ballot, such
a ballot may not be feasible, and voting shall instead be by roll call vote. 
20. Voting on Appointment of Members 
20.1  In the case of an appointment where only one vacancy requires to be filled and there
are two or more candidates, a vote shall be taken between the candidates and the one
receiving the most votes shall be declared duly appointed.  In the event of an 
equality of votes, the candidate selected in a cut of cards as having the highest value
card (ace high) shall be declared duly appointed. 
20.2 In the case of appointments where more than one vacancy requires to be filled and the
number of candidates nominated exceeds the number of vacancies, voting shall take
place.  Each Member shall be entitled to vote for one candidate for each vacancy and
the candidates receiving the highest number of votes shall be appointed to the number
of vacancies to be filled.  In the event of an equality of votes the candidate selected in a
cut of cards as having the highest value card (ace high) shall be declared duly
appointed. 
21. Disclosure of Information 
21.1  Information, whether contained in a document or otherwise, which is confidential
information within the meeting of Section 50A of the 1973 Act, shall not be disclosed to
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any person by any Member or Officer. 
21.2  The full or any part of a document marked “not for publication by virtue of the
appropriate paragraph of Part 1 of Schedule 7A to the Local Government (Scotland)
Act 1973” shall not be disclosed to any person unless or until the document has been
made available to the public or the press under Section 50B of the 1973 Act. 
21.3  Any information regarding proceedings of the Council from which the public may have
been excluded shall not be disclosed to any person unless or until disclosure has been
authorised by the Council or the information has been made available to the press or to
the public under Section 50B of the 1973 Act. 
21.4  Without prejudice to the foregoing no Member shall use or disclose to any person any
confidential and/or exempt information coming to their knowledge by virtue of their
office as a Member where such disclosure would be to the advantage of the Member or
of anyone known to them or which would be to the disadvantage of the Council. 
22.  Appointment of Executive Directors 
22.1  The appointment of any permanent Chief Officer of the Council shall be undertaken by
the Staffing and Recruitment Committee or any other such panel of Elected Members. 
All appointment made below Chief Officer level shall be made by the relevant Chief
Officers in consultation with the Chief Executive. 
23.  Suspension of Standing Orders 
23.1  Subject to the provisions of this paragraph, any one or more of the Standing Orders in
any case of urgency upon a motion made, may be suspended at a full Council provided
that seventeen Members of the Council present and voting shall so decide.  In relation
to such a motion made at a Committee of Council, at least four Members present and
voting shall be required to so decide.  It shall not be competent for the Council to
suspend any Standing Order which gives effect to any provision of Schedule 7 to the
Local Government (Scotland) Act 1973 or any other statutory provision.  (This covers
the arrangements for meetings and proceedings of Local Authorities). It shall not be
competent for the Council to suspend any Standing order to reconsider a decision of
Council or item of business on more than one occasion, unless required by statute or
the provisions of Standing Order 25.2 (ii), (iii) or (iv) apply. It shall not be competent to
suspend Standing Order 15.3 relating to the budget setting process. 
Any Member competently moving the suspension of Standing Orders shall be entitled
to speak for a period of not more than five minutes and shall confine their remarks to
the reasons for the proposed suspension.  The seconder of any such motion shall not
speak other than to formally second the motion (no other Member shall be entitled to
speak to the motion or to the amendment). 
23.2  If any amendment is made against suspension of Standing Orders the mover
of any such amendment shall again be entitled to speak for not more than five minutes
and shall similarly confine their remarks to the reasons against suspension.  The
seconder of an amendment shall not speak other than to formally second the
amendment.  There will be no discussion on the motion or the amendment and the
motion to suspend standing orders or not will immediately be put to the vote.24. 
Variation and Revocation of Standing Orders
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24.1  It shall not be competent at any meeting of the Council to revoke or vary any of the
Standing Orders except: 
i. Upon a resolution to that effect at an Ordinary meeting of Council following a
notice given at a previous Ordinary Meeting of the Council;
or
ii. Upon the Chief Executive submitting to any meeting of the Council a report on
any new Standing Order or alteration of any existing Standing Order which
appears to be required in consequence of any decision regarding the conduct
of business which has been taken by the Council or which is otherwise required
for the good governance of the Council. 
24.2  Any motion to revoke or vary these Standing Orders will, when voted on, be approved
by a majority of the Members present and voting. 
24.3 In the case of a pandemic or other public health emergency where Council is unable to
meet, and in consultation with the Leader of the Council, and the Leader of all Groups,
an Independent Member nominated by the Independent Members, and the Monitoring
Officer, and where required to enable effective decision making or otherwise in relation
to the emergency, the Chief Executive has power to amend these Standing Orders. 
25.  Rescinding/Reconsidering/Revocation of Previous Decisions/Resolution 
25.1 Except where required by statute, no Decision of Council may be reconsidered and no
item of business reconsidered which is the same or substantially the same as one
previously determined by the Council within six months of the date of the making of the
previous decision or determination, except where: - 
i. The required number of Members for the time being present and voting agree
to suspend Standing Orders in accordance with and subject to Standing Order
23 above; 
or
ii. In the opinion of the Solicitor to the Council not doing so would, result in a
decision which is likely to give rise to a contravention by the Council of any
enactment or rule of law or of any code of practice made by or approved by or
under any enactment;
or
iii. The original Council Decision cannot be implemented due to reasons outwith
the control of the Council; 
or
iv. Where, as a matter of urgency, having regard to the potential loss of life, risk of
substantial economic loss to the Council or any third party, (including potential
loss or material underutilisation of funds or resources not available at the time
of the Decision of Council), it is deemed by the Chief Executive that the matter
ought to be reconsidered by the Council. 
This Standing Order does not limit the discretionary power of the Council as planning
authority to decline to determine repeat planning applications. 
26. Decisions of Cabinet: Call-In Process
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26.1  Minutes of the Cabinet will be sent to all Members of the Council by the end of the
Working Day following the meeting, or as soon as practicable thereafter.  No action will
be taken to implement decisions until the expiry of five further Clear Working Days
following the issue of the Minutes.  Decisions can then be acted upon unless they have
been called in or referred. 
26.2  Members will be entitled to call-in decisions of the Cabinet on a requisition as set out in
the Call in Request Form (Appendix D to these Standing Orders).  This must be signed
by three Members and delivered to the Chief Executive, or submitted electronically, via
email to the Chief Executive from each of the three Elected Members in question on an
individual basis.  Such requisition must be received no later than 12 noon on the fifth
clear Working Day following, and not counting, the day on which the Cabinet Minute
was issued.  Such requisition must state the reason for the call in. 
26.3  The Chief Executive will then immediately refer the matter to the Chair of the Audit and
Scrutiny Committee who will be required within five Clear Working Days of receiving
notification by the Chief Executive, to arrange a date for a meeting of the Committee to
consider the call-in. Call-in requisitions may be withdrawn by the three relevant
Members intimating such withdrawal in the manner intimated above prior to the issue of
the agenda for the relevant Audit & Scrutiny Committee. 
26.4 The Audit and Scrutiny Committee shall invite at least one of the Members who has
requested the call-in to attend the Committee to explain the request.  The Committee
will also invite a representative from the Cabinet to present their views on the call-in
request and thereafter invite any senior officer to provide information on the report
presented to the Cabinet and on issues raised by the call-in.  Except with the consent
of the Chair, Members requesting the call-in will not speak for more than ten minutes in
total, and the Cabinet representative will not speak for more than 10 minutes. After
conclusion of the call-in submissions and questions from Members, the call-in group
(one person speaking), Member and Officer will be entitled to sum up for a period not
exceeding 5 minutes. If none of the Members who have made the call-in reference
attend the Audit and Scrutiny Committee the Committee may determine not to
scrutinise the decision. 
26.5  No member of the Audit and Scrutiny Committee who has signed a call-in request may
take part in consideration of the call-in request. 
26.6  Where the Audit and Scrutiny Committee does not agree on a majority vote with the
decision of the Cabinet the matter will be referred to the next meeting of the Cabinet. 
The Audit and Scrutiny Committee will determine recommendations for alternative
action for the Cabinet.  The Chair or another Member of the Audit and Scrutiny
Committee nominated by the Chair will have the right to attend the Cabinet and speak
in support of its recommendation on that matter. 
26.7  The Cabinet will at its next meeting consider the recommendation from the Audit and
Scrutiny Committee and shall either agree to the recommendation or refer the matter to
the next meeting of the full Council. 
26.8  In the event of the matter being referred to the full Council, the decision of the full
Council shall be final and binding. 
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27. Discharge of Functions by Committees and Officers 
Scheme of Administration for Committees 
27.1  The Council may arrange for the discharge of its functions by a Committee or
Sub-Committee and will adopt a Scheme of Administration to (a) detail the constitution
of the Committees and/or Sub-Committees of the Council (including composition, Chair,
and quorum); and (b) determine the terms of reference of the Committees and Sub-
Committees and the scope of their powers to exercise functions of the Council. 
27.2  The Scheme of Administration will establish a Cabinet (which will also act as an
Education Committee as required), Audit and Scrutiny Committee and such other
Committees or Sub-Committees as the Council may from time to time determine.   
27.3  In the event that any Group does not appoint to any committee the number of
Councillors they are entitled to appoint within 12 weeks of the vacancy arising, Council
may at its next meeting appoint any other Member of the Council to fill such a vacancy
or vacancies. 
Working Groups and Advisory Panels 
27.4  The Council and its Committees may establish any working group and advisory panels
as may be required from time to time, but each working group will have a limited time
span as may be determined by Council or the parent Committee. 
27.5  The membership, Chair and quorum of working groups will be determined by Council or
the parent Committee, which membership will comprise Elected Members and, where
appropriate, officers from this Council and/or representatives from community
groups/partner agencies.   
27.6  A working group is not a Committee or Sub-Committee of the Council and will not have
any delegated powers to implement its findings but will prepare a report for
consideration by Cabinet or the parent Committee. 
27.7  Agendas and Reports for consideration at Working Groups will be issued by electronic
means to all members no later than two Clear Working days prior to the start of the
meeting. 
Scheme of Delegation to Officers 
27.8 Subject to Section 50G (2)(b) of the 1973 Act, the Council shall maintain a list
specifying those powers of the authority which are exercisable from time to time by
officers of the authority under the 1973 Act or any enactment and this list will state the
title of the officer by whom each of the powers so specified is for the time being so
exercisable. 
28. Proceedings of Committees and Sub-Committees 
28.1 The business of Committees or Sub-Committees will be conducted as follows: - 
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i. The business of the Committee or Sub-Committee will be conducted in
accordance with the provisions of Standing Orders and any statutory or
regulatory provisions in respect of such business. 
ii. Such business will proceed primarily on the basis of reports submitted by
Officers or referrals by Council, other Committees or other relevant bodies.
iii. Notwithstanding the foregoing, Council may, if it considers it appropriate for the
proper conduct of the business of the Council, instruct a report on, or consider
any matter as it is referred to in the remits of any Committee or Sub Committee. 
In relation to functions delegated to North Ayrshire Integration Joint Board,
Council will not make decisions, but may make recommendation to the Board.
iv. The Ordinary Meetings of Committees (excepting the North Ayrshire Integration
Joint Board, the Ayrshire Shared Services Committee and Ayrshire Regional
Economic Joint Committees and any sub-committees thereof) will commence
at times as may be determined by the Council and will meet according to a
timetable determined by the Council from time to time.  Without prejudice to the
foregoing, the Chair of a Committee of Sub-Committee will have power where
the circular calling the meeting has not been issued, to rearrange the date, time
and place of a Committee or Sub-Committees in cases of urgency, subject to
obtaining the agreement of the Council Leader and the Leader of the
Opposition.  The date, commencement time and timetable of meetings of North
Ayrshire Integration Joint Board and any of its sub-committees will be
determined by North Ayrshire Integration Joint Board.  The date,
commencement time and timetable of meetings of the Ayrshire Shared
Services Committee, the Ayrshire Regional Economic Joint Committees and
any sub-committees thereof will be determined by whichever of the Councils
then holds the Chair. 
v. A Chair of a Committee or Sub-Committee may at any time give instructions for
the calling of a special meeting, but the notice will state the special purpose for
which it is called.  Such meeting will be held at the time, date and venue/mode
as determined by the Chief Executive.  This may include a meeting on a wholly
remote basis by electronic means or in circumstances whereby some Members
attend the Council Chambers and other take part via remote means. 
28.2  The exercise of delegated authority by a Committee or Sub-Committee is subject to the
following:   
i. The exercise of powers is discretionary, and a Committee or Sub-Committee
may determine not to exercise its delegated powers. 
ii. The consideration of all Committee business which has not been completed
before the meeting is brought to an end shall be postponed to the next meeting
of the Committee, whether Ordinary or Special.
iii. Committees and Sub-Committees shall appoint their own Chair or Vice-Chair if
Council has failed to do so.  In the absence of the Chair or Vice-Chair the
Committee will be required to elect a member from those present to chair the
meeting.  The Convener of any Sub-Committee must be a member of the
parent Committee.
iv. In the event that an issue arises which falls within the remit of more than one
Committee, the Chairs of said Committees will determine which Committee
shall deal with the issue.
v. There will be no temporary substitution of Members of Committees and Sub-
Committees unless specific provision is made for the temporary substitution of
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Members of a particular Committee or Sub-Committee within these Standing
Orders or in any relevant Minute of Agreement, Constitution or similar
document. 
28.3 Planning Committee Call-In 
i. In terms of Section 43(6)A of the Town and Country Planning (Scotland) Act
1997, three or more Elected Members can refer an application which would
otherwise be determined by an officer under the Council’s Scheme of
Delegation to Officers, for determination by the Planning Committee. Any such
request must be signed by three Elected Members and delivered to the Chief
Executive, or submitted electronically, via an individual email to the Chief
Executive from each of the three Elected Members in question.  Such
requisition must be received no later than 12 noon on the twenty first calendar
day (all days inclusive) following validation of the application.  Such requisition
must state the reasons for the call-in, which must relate to the provisions of the
Local Development Plan and any material planning considerations which are
relevant to the application.  The reasons will be shared with the applicant. 
ii. On receipt of such a call-in, the Chief Executive will consult with the Chair of
the Planning Committee and if the Chief Executive is satisfied that the call-in
complies with the terms of Standing Order 28.3.i, the application shall be
referred to the Planning Committee for determination of the application.  No
Member of the Planning Committee who has signed a call-in request may take
part in consideration of the call-in request.
iii. At least one of the Members who has requested the call in will be asked to
attend the Planning Committee to explain the request.  The Committee may
either agree to determine the application at a future committee or decide not to
determine the application, leaving officers to determine the application under
delegated powers. 
29. Approval and Signing of Minutes 
29.1 Minutes of Meetings of Committees with delegated powers shall be submitted to the
next meeting of that Committee for approval of their accuracy and thereafter signed by
the Chair of that Committee. Subject to the provisions of 26.1, Officers may implement
any decision made within the delegated powers of such Committees immediately after
the meeting. 
29.2 Minutes of Meetings of Committees, which do not have delegated powers, will be
submitted to Council or Cabinet as appropriate for approval of the decisions contained
therein and to the next meeting of that Committee for approval of their accuracy. 
Following approval of such minutes (excepting Cabinet, the decision of which cannot be
implemented until the expiry of the periods mentioned in Standing Order 26) Officers
will be able to implement any decisions contained within the Minutes. 
29.3 Where Minutes are submitted for approval of their accuracy, there shall be no
discussion of the Minutes, except upon their accuracy and any question on their
accuracy shall be raised by amendment to the motion to approve the Minutes.  The
amendment to the Minutes will require to be intimated to the Chief Executive by 12
noon on the day preceding the meeting.  The Provost will submit the Minutes for
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approval and in the event that an Amendment is proposed, a seconder for both the
motion to approve and the amendment will immediately be sought.  There will be no
discussion on the motion or the amendment and the matter to approve or amend will
immediately be put to the vote. 
30. Petitions and Deputations 
30.1 Every application for the reception of a deputation to the Planning or Licensing
Committees or petition to the Audit and Scrutiny Committee must be in writing and
delivered, or e-mailed to the Chief Executive no later than 5.00 p.m. on the Tenth Clear
Working Day prior to the meeting. 
30.2  Procedures for receiving petitions and deputations shall be as set down in Appendix B
to these Standing Orders.  No petition or deputation shall be received by the Committee
in relation to any regulatory or quasi-judicial function of the Council where the
opportunity of a hearing or deputation has previously been afforded to any person.  No
late petition or deputation request shall be received except in accordance with Standing
Order 10.8. 
31. Contract Standing Orders and Financial Regulations 
31.1 The Council may make Contract Standing Orders and Financial Regulations for the
regulation or making by it, or on its behalf of contracts and for the proper planning,
execution and control of its financial affairs.  Such Standing Orders and Regulations will
form part of these Standing Orders and will be read with them along with any Scheme
of Delegation to Officers made by the Council. 
31.2  Contract Standing Orders and Financial Regulations made by the Council in terms of
this Standing Order will apply to Committees, Members of the Council, Officers and
agents of the Council as appropriate. 
31.3  The Scheme of Administration, Scheme of Delegation, Financial Regulations and
Contract Standing Orders will have the same standing as Standing Orders and can only
be amended in the same manner as Standing Orders. 
32.  Ultimate Power of the Council 
32.1 Without prejudice to any decision taken by a Committee in exercise of delegated
powers, the Council may at any time deal with any matter included in the terms of
reference of a Committee even if no report from Committee is before it. 
33.  Definitions 
33.1 In these Standing Orders the following words and phrases will have the following
meanings respectively ascribed to them: - 
i. “Provost” or “Chair” will mean the person appointed to Chair the Council,
Committee or Sub-Committee:
ii. “Depute-Provost” or “Vice- Chair” will mean the person appointed to Chair the
Council, Committee or Sub Committee in the absence of the Provost or Chair;
iii. “Cabinet Portfolio Holder” will mean the Member who has been given
responsibility for a group of services.  The postholder will be a Senior
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Councillor and will receive appropriate remuneration in terms of the Scheme of
Allowances;
iv. “Chief Executive” will mean the Head of Paid Service of the Council as defined
in terms of the Local Government and Housing Act 1989 s4(1)(a) or such other
person as may be nominated by them;
v. The “Chief Financial Officer” will mean the proper officer so designated by the
Council in terms of the Local Government (Scotland) Act 1973 s.95 or such
other qualified accountant as may be nominated by them;
vi. “Clear Working Days” will unless otherwise specified, mean the whole 24-hour
period of a day, Monday to Saturday inclusive, including public holidays.
vii. The “Council” will mean The North Ayrshire Council being a Local Authority
constituted under the Local Government Etc. (Scotland) Act 1994;
viii. A “Decision of Council” will be deemed to have been made where any of the
following circumstances occur: - 
i. A motion or amendment in accordance with the provisions of these
Standing Orders, has been passed by the necessary majority at Council,
Committee or Sub-Committee.
ii. The exercise by the appropriate officer of any power delegated to them
either by reason of another Decision of Council or in terms of the Scheme
of Delegation. 
iii. The exercise by the Chief Executive of the discretion available to them.
iv. Such Decision of Council will be deemed to include any necessary actions
required to give effect to such decision. 
v. Where a Decision of Council is subsequently found to be incapable of
implementation because of a defect or a new supervening factor, then
subject to the confirmation of the Chief Executive upon advice taken, the
Decision of Council may be given effect to with the removal of such
defective element, or its replacement with a suitable and in all respect
compatible element, provided always that the likely outcome of the
resultant Decision of Council is materially the same or sufficiently similar to
the original decision.  In such circumstances the Chief Executive will be
obliged to report such change to the next appropriate meeting of the
Council, and any decision on such report will not require the suspension of
Standing Orders.
ix. “Elected Members” and “Member” will mean, except where the expression will
otherwise so require, a Councillor of the Council only, as the word “Councillor”
is defined by reference to the Local Government Etc. (Scotland) Act 1994 s5;
x. “Hybrid Meeting” is a meeting where some Members attend in person and
others take part via the remote online meeting platform. Voice access by
telephone is not part of the accepted method of joining a remote meeting. 
xi. “Party” will mean any grouping of two or more Members, previously intimated to
the Chief Executive;
xii. “Present and voting” or “present and vote” shall mean Members casting an
affirmative or negative vote.  Members who abstain from voting are considered
as not voting;
xiii. “Question of clarification” means a question where an explanation of the terms,
meaning or expected outcome of a report, motion or amendment is sought.
Examples of questions of clarification include: 
• a question seeking to aid understanding of the meaning of the terms of a
motion or amendment;
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• a question seeking clarity of the intended outcome of a motion or its
impacts;
• a question seeking clarity of the terms of a report, its likely outcomes or
impacts; 
xiv. “Solicitor to the Council” means the Monitoring Officer or such other legally
qualified person as may be nominated by them;
xv. The Interpretation Act 1978 applies to the interpretation of the Standing Orders
as it applies to an Act.  Any Act or other legislative provision referred to herein
will include reference to any amendment, modification or re-enactment of such
provision as may from time to time occur.
xvi. In the event of any dispute or difference as to the interpretation of these
Standing Orders and any other document the Standing Orders will prevail;
xvii. The “1973 Act” shall mean the Local Government (Scotland) Act 1973, as
amended.
xviii. The “2000 Act” shall mean The Ethical Standards in Public Life etc (Scotland)
Act 2000. 
34. Emails from Elected Members to the Chief Executive in respect of Standing Orders
14.1, 15.1, 15.2, 26, 28.3 and 30 should be submitted using the Council allocated email
address i.e. [MemberName]@north-ayrshire.gov.uk.  Such emails will be accepted as
having been signed by the Elected Member. 
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Appendix A 
Local Government (Scotland) Act 1973 
SCHEDULE 7A: DESCRIPTIONS OF EXEMPT INFORMATION 
1. Information relating to a particular employee, former employee or applicant to become an
employee of, or a particular office holder, former office-holder or applicant to become an office-
holder under, the authority. 
2. Information relating to any particular occupier or former occupier of, or applicant for,
accommodation provided by or at the expense of the authority. 
3. Information relating to any particular applicant for, or recipient or former recipient of, any service
provided by the authority. 
4. Information relating to any particular applicant for, or recipient or former recipient of, any
financial assistance provided by the authority. 
5. Information relating to the adoption, care, fostering or education of any particular child or
relating to the supervision or residence of any particular child in accordance with a supervision
requirement made in respect of that child under the Social Work (Scotland) Act 1968. 
6. Information relating to the financial or business affairs of any particular person (other than the
authority). 
7. Information relating to anything done or to be done in respect of any particular person for the
purposes of any of the matters referred to in section 27(1) of the Social Work (Scotland) Act
1968 (providing reports on and supervision of certain persons). 
8. The amount of any expenditure proposed to be incurred by the authority under any particular
contract for the acquisition of property or the supply of goods or services. 
9. Any terms proposed or to be proposed by or to the authority in the course of negotiations for a
contract for the acquisition or disposal of property or the supply of goods or services. 
10. The identity of the authority (as well as of any other person, by virtue of paragraph 6 above) as
the person offering any particular tender for a contract for the supply of goods or services. 
11. Information relating to any consultations or negotiations, or contemplated consultations or
negotiations, in connection with any labour relations matter arising between the authority or a
Minister of the Crown and employees of, or office-holders under, the authority. 
12. Any instructions to counsel and any opinion of counsel (whether or not in connection with any
proceedings) and any advice received, information obtained or action to be taken in connection
with:-
i. any legal proceedings by or against the authority, or
ii. the determination of any matter affecting the authority,
iii. (Whether, in either case, proceedings have been commenced or are in contemplation). 
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13. Information which, if disclosed to the public, would reveal that the authority proposes:-
i. to give under any enactment a notice under or by virtue of which requirements are
imposed on a person; or
ii. to make an order or direction under any enactment. 
14. Any action taken or to be taken in connection with the prevention, investigation or prosecution
of crime. 
15. The identity of a protected informant. 
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Appendix B 
NORTH AYRSHIRE COUNCIL GUIDANCE ON DEPUTATIONS AND PETITIONS 
1. Introduction 
1.1. This guidance sets out the process to be followed by persons wishing to make a deputation
or submit a petition to the Audit and Scrutiny, Planning, or Licensing Committees. 
2. Procedure 
2.1 Every application for the reception of a deputation or petition must be in writing, duly signed
and delivered or e-mailed to the Chief Executive no later than 5.00p.m. on the Tenth
Clear Working Day prior to the meeting. 
2.2 The application should give details of the matter to be raised.  You should be able to
demonstrate that you have taken steps to resolve the issues prior to submitting your
application, including submission of a complaint under the Council’s Complaints Procedure
where relevant.  Details of the services or officers approached, together with copies or
summaries of the responses received should be submitted along with your application form. 
Where no covering letter has been submitted, officers will write to the initial signatory of the
petition to request the supporting documentation, in the absence of which the Chair of the
Audit and Scrutiny Committee may decline to accept the petition. 
2.3 Petitions or deputations will only be received if they relate to the delivery of Council services
or to services which are provided by the Council in conjunction with other partner
organisations, or if they relate to decisions that the Council has taken or is about to take. 
Your petition must contain a minimum of 10 written signatures from different North Ayrshire
households.  E-petitions may be lodged in support, but not in substitution for the 10 written
signatures.  The petition should give details of the matter concerned.  Again, you should be
able to demonstrate that you have taken steps to resolve the issue of concern prior to
submitting your petition. 
2.4 A petition will not be competent in the following circumstances: - 
• If it relates to a case that is or has been subject to legal or court proceedings,
ombudsman complaints, industrial tribunals, appeals procedures;
• If it requests the Council to do something outwith its powers;
• If it discloses information which is protected by an interdict or court order;
• If it reveals commercially sensitive or confidential information;
• If it would cause personal distress or loss; and
• If it relates to an individual’s circumstances or an individual’s grievance
• If it relates to any regulatory or quasi-judicial function of the Council where the
opportunity of a hearing or deputation has previously been afforded to any person.
• The deputation or petition seeks to review an issue which is the same or substantially
the same as a Decision of Council made within the previous six months;
• It relates to functions delegated to North Ayrshire Integration Joint Board; or 
• The deputation or petition seeks to review an issue which has already been
considered by the Audit and Scrutiny Committee in terms of 24 (Call-in of Cabinet
Decisions)
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2.5 If 10 or more letters are received on one specific issue, these will be treated in the same
way as petitions.  If the individual leading the letter writing campaign can be identified, that
person will be treated as the principal petitioner and the same procedures will apply as for
petitions generally. 
3 Determination 
3.1 When an application for a deputation/petition is received the Chair of the Audit and Scrutiny
Committee will be advised of the issues raised and will decide whether the matter should
be dealt with at the next Committee meeting. 
3.2 If your request for a deputation or to submit a petition is refused, the reasons for this will
be notified to you. 
3.3 If your application is approved, you will be invited to attend the Committee meeting.  As
many Members of your group as wish may attend the meeting, but the number of persons
allowed to address the Committee will be limited to a maximum of 3.  You will also be asked
to identify the principal spokesperson beforehand. 
3.4   If during a pandemic or public health emergency, the public are to be excluded from a
meeting of a local authority whenever it is likely that, if members of the public were present,
there would be a real and substantial risk to public health due to infection or contamination
with coronavirus, then paragraphs 3.3 and 4 will not apply, and you will be invited to submit
written submissions for the consideration of the Committee. 
4 Addressing the Committee 
4.1 You should remain seated at all times during the meeting, until the spokespersons are
invited to speak by the Chair.You will be limited to ten minutes in total to present your case
to the meeting. Once you have addressed the meeting, the Members present will be invited
to put questions to you.  Appropriate Members or officers of the Committee may also be
invited to speak and to receive questions.  If the officers are presenting a written report, you
will be given a copy, if possible, in advance of the meeting. After conclusion of the petition
submissions and questions from Members, the petitioners (one person speaking), Member
and Officer will be entitled to sum up for a period not exceeding 5 minutes. 
4.2 The Committee will then take a decision on the matter before it, if appropriate, or if it relates
to an item elsewhere on the agenda of the meeting may wait until they reach that item
before taking a decision.  Once you have heard the decision you are free to leave but are
welcome to stay to listen to the rest of the meeting if you so wish. 
4.3 If nobody addresses the Committee in support of the petition, the Committee will still
consider the item, having regard to the papers on the agenda. 
5 Deputations and Petitions Relating to Planning Applications 
5.1 The Council has approved separate procedures which apply to requests by objectors to
planning applications who are seeking authority for a deputation to address the Planning
Committee in support of their objections.
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Appendix C 
North Ayrshire Council 
Procedure on Dealing with Requests to the Council from Outside Bodies to Support
Resolutions and Motions 
1. Purpose 
1.1 To advise on the procedure for handling requests to the Council from Outside Bodies
to support resolutions or motions. 
2. Background 
2.1 From time to time the Chief Executive, or the Leader of the Council, receives requests
from Outside Bodies e.g. other local authorities, to support resolutions or motions
passed by those bodies.  These may relate to subjects of national or local importance
and generally the aim is to mobilise national support for a particular  position. 
3. Procedure 
3.1 To ensure that such requests are handled in a consistent manner the following steps
will be followed. 
3.2 On receipt of such requests, Committee Services will take the following action: - 
i. Acknowledge the request and advise the Outside Body that it will be
circulated to Group Leaders for their attention.  The Outside Body will
also be advised that in terms of the procedure, no further action will be
taken unless a motion in support is subsequently considered by the
Council.
ii. Circulate the request by email to Group Leaders and Independent
Members for their attention.  It will be for such Members to decide
whether they wish to support the resolution or motion passed by the
Outside Body. 
3.3 Any Member wishing to support the terms of the resolution or motion will be requested
to submit a formal notice of motion (properly seconded) to the Chief Executive within
the usual timescale for the receipt of such notices for the next ordinary meeting of the
Council i.e. 2.00 p.m. on the Monday of the week preceding the Council meeting. 
3.4 On receipt of such a motion, Committee Services will arrange for the motion to be
added to the agenda for the next ordinary Council meeting in the usual manner. 
The outcome of the Council’s deliberation will be communicated to the Outside Body
thereafter. 
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Appendix D 
Call In Request Form 
We request in terms of paragraph 26.2 of the Standing Orders Relating to Meetings
and Proceeding of the Council that the decision taken by the Cabinet be called in by
the Audit and Scrutiny Committee. 
Names of Councillors Requesting Call In
1.
2.
3.
Details of the Decision Taken By The Cabinet
(Please specify the Minute reference) 
Reasons for Call In
(Please specify your reasons for requesting that the Audit and Scrutiny
Committee call in the decision) 
Desired Outcome
(Please specify your desired outcome) 
This form must be received by the Chief Executive’s Office not later than 12
noon on the fifth Clear Working Day following, and not counting, the day on
which the Cabinet Minute was issued. 
Date Time
Received by Chief Executive  
Received by Committee Services  
Acknowledged   
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Appendix E 
NORTH AYRSHIRE COUNCIL 
Quick Guide to Dealing with Items of Business 
1. Officer speaks to the terms of the report. 
2. Questions by Members to Officers about their report. 
3. The Administration move and second the motion.  Provost asks if this is agreed.  If
it is, we move to the next item of business. 
4. All Amendments are then moved and seconded. 
5. Members can ask questions to the mover or seconder of a motion or amendment
seeking clarity of the terms of the motion/amendment.  This also gives Members the
opportunity to ask if a mover of the motion or amendment is prepared to alter this to
achieve agreement. 
6. When the Provost is satisfied that there are no more amendments or questions (e.g.
once the questions stop and the Provost receives a negative response to the
question “Are there any further amendments”) they will state “We are now  in debate”. 
7. Debate - At debate stage members are allowed up to 5 minutes each to make
submissions.  No new amendments or questions are allowed once the debate starts. 
8. Summing up in reverse order.  In other words, last amendment sums up finishing
up with the motion. 
9. Voting – The first vote is for the motion against the first amendment.  The winner
goes against the second amendment and so on. 
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Document Control Summary:-
Location: I:\Committee Services\Publications\01 Standing Orders
Last Revised: Revised By Nature of Revision
May 2022 AC Created for New Administration
May 2023 AC Amendments approved by full Council on 17 May 2023 as part of the
annual review of Governance documents.
September
2024
AC Amendments approved by full Council September 2024 as part of the
annual review of governance documents.  
December
2024
AC Changes to reflect composition of the Council
September
2025
AC Amendments approved by full Council September 2025 as part of the
annual review of governance documents.   
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NORTH AYRSHIRE COUNCIL 
17 September 2025 
North Ayrshire Council 
Title:    Scheme of Administration 
Purpose:  To approve the Council’s Scheme of Administration, one of the
key governance documents regulating the operation of the
Council, its Committees and Officers. 
Recommendation:  That the Council agrees to approve, with effect from 18th
September 2025, the Scheme of Administration, attached at
Appendix 1. 
1. Executive Summary 
1.1 This report seeks approval by Council of the Scheme of Administration one of the key
governance documents regulating the operation of the Council, its Committees and
Officers. 
2. Background 
2.1 Audit Scotland in their report “Roles and working Relationships – Are you Getting it
Right?” and follow up reports, stressed the importance of having governance
arrangements that are fit for purpose and up to date. They note that such documents
are critical in clarifying roles, responsibilities and expected behaviour and should be
kept regularly updated. An annual review has therefore been undertaken.       
Scheme of Administration 
2.2 One of the key rules of constitutional law is that Council, its committees and Officers
can only act within the powers given to them. This is known as the ‘ultra vires’ (outwith
powers) doctrine. 
2.3 As powers are given directly to the Council, in turn it needs to decide which powers it
will exercise through its committees, and which powers it will delegate to Officers.
Powers can also be delegated to joint committees or joint boards comprising a number
of different local authorities but cannot be delegated to individual Members including
those appointed to outside bodies. 
2.4 The Scheme of Administration sets out the functions reserved to Council, the    
powers delegated to its committees, and the remit and constitution of those
committees. As previously, the Scheme of Administration provides that any functions
which are not otherwise listed will be dealt with by Cabinet. The proposed
membership of each committee, both in terms of overall numbers and the numbers to
Agenda Item 9.2
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be appointed by the Administration, Oppositions and Independent Members, is listed
under each individual committee. 
2.5 The Scheme was reviewed in September 2024, as part of the annual timetable for
review and then through circumstances arising, again in December 2024. The current
review has been undertaken in September to revert to the standard reviewing cycle. 
The main suggested revisals are: 
• Specific reference to Cabinet considering community requests for review of
Island Impact Assessments in terms of and in accordance with the Islands Act
2018 and the Island Communities Impact Assessments (Publication and Review
of Decisions) (Scotland) Regulations 2020 and any other associated legislation
and regulations. This function is already delegated within the Scheme to Cabinet
as it is not specifically reserved to Council.  It is suggested that specific reference
is included for clarity.  Any decision taken by Cabinet in relation to reviews of
Islands Impact Assessments will remain subject to call-in to the Audit & Scrutiny
Committee in accordance with standard practice.  There is therefore no need for
the call-in process for Islands Impact Assessment reviews to be specified within
the Scheme.
• Specific reference to include within the delegations to the Police Fire and Rescue
Committee, reports on deployment of resources and any issues arising on or
around Bonfire Night, from Police Scotland, the Scottish Fire and Rescue Service
and the Council.  
• Some general rewording, removal of duplications and formatting of the document. 
3. Proposals 
3.1 Council is invited to approve, with effect from 18th September 2025, the Scheme of
Administration attached at Appendix 1. 
4. Implications/Socio-economic Duty 
Financial 
4.1 Approval of the key governance documents is an essential component of the Council’s
financial governance arrangements. 
Human Resources 
4.2 None arising from the recommendations of this report. 
Legal 
4.3 Approval of the key governance documents is an essential component of the Council’s
legal and administrative arrangements. 
Equality/Socio-economic 
4.4 None arising from the recommendations of this report. 
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Climate Change and Carbon 
4.5 None arising from the recommendations of this report. 
Key Priorities 
4.6 Clear, transparent governance arrangements promote good decision making. In turn,
this supports the achievement of the Council’s key priorities 
Community Wealth Building 
4.7 None arising from the recommendations of this report. 
Islands Communities Impact Assessment (ICIA) 
4.8 None arising from the recommendations of this report. 
United Nations Rights of the Child (UNCRC) 
4.9 None arising from the recommendations of this report. 
Consumer Duty 
4.10 None arising from the recommendations of this report. 
5. Consultation 
5.1 Group Leaders, Independent Members, Executive Directors and relevant Officers have
been consulted as required. 
Craig Hatton
Chief Executive 
For further information please contact Aileen Craig, Head of Democratic Services, on
01294 324 125. 
Background Papers
0
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Scheme of Administration 
Published by Committee Services
North Ayrshire Council
Cunninghame House, Irvine KA12 8EE 
Classification: Public 
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CONTENTS 
Section  Page
1 General 1
2 Provisions Applicable to All Committees 3
3 Cabinet 6
4 Appeals Committee 12
5 Audit and Scrutiny Committee 13
6 Ayrshire Economic Joint Committee 16
7 Ayrshire Shared Services Joint Committee 19
8 Education Appeal Committee 21
9 Licensing Committee 22
10 Local Development Plan Committee 23
11 Local Review Body 25
12 Planning Committee 27
13 Police and Fire and Rescue Committee 29
14 Staffing & Recruitment Committee  31
15 North Ayrshire Integration Joint Board 32 
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1 
SECTION 1: GENERAL 
Purpose 
The Scheme regulates: - 
• The constitution and membership of the Committees of the Council;
• The functions of the Committees of the Council; and
• The delegation to Committees to exercise the functions of the Council. 
Amendment 
This Scheme may be amended at any time by a decision of Council by a simple majority. 
Interpretation 
In this Scheme the following expressions will have the following meaning assigned to them: 
“Act” in relation to the functions of the Council means an Act of Parliament or any amendment,
replacement or variation thereof including Regulations made thereunder. 
“Area” in relation to the geographical area of jurisdiction of the Council will be North Ayrshire as
defined in column one of Part 1 of Schedule 1 to the Local Government Etc. (Scotland) Act
1994. 
“Committee” where the context permits includes any Sub-Committee of that Committee or Joint
Committee. 
“Co-opted Member” means any Member of a Committee who is not an Elected Member.
“Council” means the North Ayrshire Council. 
“Chief Executive” means the Chief Executive appointed by the Council. “Chief Officer” means
any Chief Officer appointed by the Council. 
“Executive Director” means any Executive Director appointed by the Council. 
“Member” means a Councillor of the Council elected in terms of the Local Government Etc.
(Scotland) Act 1994. 
“Provost” means the Civic Head of the Council appointed by the Council. 
“Leader” means the Leader for the time being of the Council.
“Depute Leader” means the Depute Leader for the time being of the Council. 
"Main Opposition" means the largest Political or other Group not forming part of the Council
Administration. 
“Second Opposition” means the second largest Political or other Group not forming part of the
Council Administration 
Conflict with Standing Orders - in the event of any dispute or differences as to the
interpretation of this Scheme of Administration and the Standing Orders for Meetings, the
Standing Orders for Meetings will prevail.
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2 
Committees 
Subject to the provisions of the Local Government Etc. (Scotland) Act 1994 and other relevant
statutes, the Council will appoint and maintain the following Committees and Sub Committees,
namely: 
• The Cabinet
• Appeals Committee
• Audit and Scrutiny Committee
• Ayrshire Regional Economic Joint Committee and the Ayrshire Regional Economic
Partnership Sub-Committee
• Ayrshire Shared Services Joint Committee
• Education Appeal Committee
• Licensing Committee
• Local Development Plan Committee
• Local Review Body
• Planning Committee
• Police and Fire and Rescue Committee
• Staffing & Recruitment Committee 
Functions are also delegated to the North Ayrshire Integration Joint Board, which is a statutory
body constituted in terms of The Public Bodies (Scotland) (Integration Joint Board Establishment)
(Scotland) Order 2015. The North Ayrshire Integration Joint Board also has a sub-committee,
being the North Ayrshire Integration Joint Board Performance and Audit Committee. 
The respective Committees of the Council will have the constitution, quorum, terms of reference
and delegated powers hereinafter specified under the appropriate section of the Scheme. 
The remit, membership and operation of the Local Negotiating Committee for Teachers will be
as previously determined by Council and as stated within its Constitution until Council
determines otherwise. 
The remit, membership and operation of the Joint Consultative Committee for Local
Government Employees and Craft Operatives (JCC) will be as previously determined by Council
and as stated within its Constitution until Council determines otherwise. 
The Council may from time to time appoint such other Committees, Sub Committees etc with
such constitution, quorum, terms of reference and delegated powers as the Council may decide. 
The Council and its Committees may establish any working group or advisory panel as may be
required from time to time with terms of reference and time span as may be determined by
Council or the parent Committee. A Working Group or Advisory Panel so constituted is not a
committee or sub-committee of the Council and will not have delegated powers to implement
findings or recommendations. The remit of a Working Group or Advisory Panel will be to report
on its recommendations to Council or its parent committee. 
North Ayrshire Community Planning Partnership has divided North Ayrshire into six localities for
the purposes of Section 9 of the Community Empowerment (Scotland) Act 2015, being Irvine,
Kilwinning, Three Towns, Arran, Garnock Valley, and North Coast. Locality Partnerships with
membership from Community Planning Partners and communities have been established for
each of these localities. 
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3 
SECTION 2: PROVISIONS APPLICABLE TO ALL COMMITTEES 
1. Notwithstanding the reference to one Committee of any class of function, the Council will
have power to refer any function on any particular occasion specifically to another
Committee whether by reason of the nature of the matter or otherwise. 
Delegated Functions 
2. Except otherwise specified herein, subject to the provisions of the Local Government
(Scotland) Act 1973, any other relevant statute and the Council’s Standing Orders
Relating to Meetings and Proceedings of the Council and Committees, where any
function of the Council is delegated to a Committee, the Committee will have the power to
exercise the function in like manner as the Council could have exercised it had there been
no delegation; provided however that it will be competent for such Committee in relation
to any delegated matter, instead of taking a decision thereon to make a recommendation
thereon to the Cabinet, in which event, the matter will be decided by the Cabinet after
consideration of that recommendation. 
3. There will be excluded from delegation to any Committee the following: 
(a) All functions and remits which are in terms of statute or other legal requirement bound
to be undertaken by the Council itself; 
(b) The raising of money by rates or council tax; 
(c) The approval annually of the General Services Revenue Budget and the setting of
the level of the council tax for any year; 
(d) The approval of the General Services Capital Plan; 
(e) The approval annually of the Housing Revenue and Housing Capital Budgets and
the setting of the level of rents for council houses held in the Housing Revenue
Account; 
(f) The incurring of any net new expenditure not provided for in the estimate of capital
or revenue expenditure; 
(g) Approval of the unaudited Annual Accounts of the Council; 
(h) Approval of the Council Plan; 
(i) Any change to the Scheme of Administration regulating the constitution,
membership, functions and powers of Committees of the Council; 
(j) Any change to the Standing Orders Relating to Meetings and Proceedings of the
Council and Committees, the Standing Orders for Contracts; 
(k) Any change to the Scheme of Delegation to Officers, detailing those functions
delegated by the Council to its Officers; 
(l) The making of an order for the compulsory acquisition of any land or buildings;
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4 
(m) Other than to a Committee specifically appointed for the purpose, the appointment
or dismissal of the Chief Executive, the Returning Officer or any Executive Director,
Monitoring Officer, Chief Social Work Officer, Chief Education Officer, Chief
Planning Officer or S95 Financial Officer; 
(n) All matters relating to election of Councillors; 
(o) Matters relating to any alteration to the boundaries or the area of electoral wards
and the number of Councillors; 
(p) The appointment of representatives of the Council on outside bodies; 
(q) The decision to co-operate or combine with other Local Authorities in the provision
of services other than by way of collaborative agreement; 
(r) The approval or amendment of the Scheme of Establishment for Community
Councils; 
(s) Consideration of Provisional Orders or Private Bills affecting the interests of the
Council; 
(t) The approval of reasons for the non-attendance of Members at meetings in
accordance with Section 35 of the Local Government (Scotland) Act 1973; 
(u) The appointment, nomination and removal of Members and the nomination,
appointment and removal of Chairs and Vice-Chairs of any Committee and Outside
Bodies unless expressly provided in this Scheme. All subject to where any
appointed or nominated Member is a Member of a Group within the Council, then
where such member is on Family Leave or resigns from a Committee or the
Integration Joint Board, any replacement may be nominated by the Group notifying
the Chief Executive. At least ten Clear Working Days’ notice is required before the
change is implemented; 
(v) Consideration of reports from the Standards Commission in accordance with section
18 of the Ethical Standards in Public Life (Scotland) Act 2000 
(w) The appointment and setting of salary levels of Senior Councillors in terms of the
Local Governance (Scotland Act 2004 (Remuneration) Regulations 2007 as
amended; 
(x) Matters relating to the freedom of North Ayrshire; 
(y) Any functions referred to or delegated to any other Committee; 
(z) Any alteration or replacement of the North Ayrshire Integration Scheme; 
(aa) The approval of Policy and Strategy relating to the investment of any funds including
Trust, Common Good and Pension Funds under the control or direction of the
Council. 
(ab) The approval of the annual Treasury and Investment Strategy relating to the
borrowing of money by the Council and treasury management.  
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General 
4. The proceedings of any Committee will not be invalidated through any vacancy in
membership or any defect in appointment. 
5. The Committees and any Sub-Committees of the Council will have the terms of reference
specified in this scheme in relation to each such Committee or Sub- Committee and such
Committees and Sub-Committees will conduct their business within their terms of
reference only and will act in accordance with the policies of the Council. 
6. The Committees and Sub-Committees shall conduct their business always in accordance
with the Standing Orders relating to meetings and proceedings of the Council as far as
they are applicable. The Integration Joint Board will conduct its business in accordance
with the Standing Orders relating to meetings of that Board. The Ayrshire Shared Service
Joint Committee will conduct its business in accordance with the Standing Orders relating
to meetings of that Committee. 
7. The Committees and Sub-Committees will conduct their business always in accordance
with the Contract Standing Orders and Financial Regulations of the Council. 
8. The ordinary meetings of Committees (except the North Ayrshire Integration Joint Board
and the Ayrshire Shared Service Joint Committee) will commence at such times as may
be determined by the Council and will meet according to a timetable determined by the
Council from time to time. Without prejudice to the foregoing, the Chair of a Committee or
Sub-Committee will have power where the agenda calling the meeting has not been
issued to rearrange the date, time and place of a Committee or Sub-Committee in cases
of urgency, subject to obtaining the agreement of the Council Leader, and the Leader of
the Main Opposition. The commencement, place and timetable of ordinary meetings of
North Ayrshire Integration Joint Board, the North Ayrshire Integration Joint Board
Performance and Audit Committee, the Ayrshire Regional Economic Joint Committee,
the Ayrshire Regional Economic Partnership Sub-Committee and the Ayrshire Shared
Service Joint Committee will be determined by those bodies. 
9. In the event that an issue arises which falls within the remit of more than one Committee,
the Chief Executive will determine which Committee shall deal with the issue. 
10. There will be no temporary substitution of Members of Committees and Sub-Committees
unless specific provision is made for the temporary substitution of Members of any
particular Committee or Sub-Committee within this Scheme of Administration or in any
Minute of Agreement, Constitution or similar document.
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SECTION 3: CABINET 
Constitution 
The Cabinet will comprise six Members of the Council including: 
(a) The Leader of the Council;
(b) The Depute Leader of the Council (who will be the Vice-Chair of the Cabinet); and
(c) Four Members nominated by the Administration; 
The Cabinet, when meeting to consider Education Authority business, will have the following
additional Members: - 
(a) As voting Members, three persons interested in the promotion of religious education
appointed in accordance with Section 124 of the Local Government (Scotland) Act 1973
as amended by Section 31 of the Local Government Etc. (Scotland) Act 1994, and as
detailed in Annexation A hereto; and 
(b) As non-voting Members, (a) a representative of the professional teaching associations
nominated by the Local Negotiating Committee for Teachers, and
(b) two pupil representatives being members of the Youth Council. 
Chair 
The Leader of the Council will be the Chair of the Cabinet. 
Quorum 
Three Members of the Cabinet will constitute a quorum. 
Delegated Powers 
The Cabinet will have full delegated powers to implement its functions. 
Functions Referred 
The following functions of the Council will stand referred to the Cabinet: 
General 
All functions not specifically reserved to Council or delegated to any other Committee, Sub-
Committee or officer, including the following: - 
A. Policies and Objectives - Except insofar as relating to Health and Social Care
functions delegated to the Integration Joint Board: - 
1. Guiding the Council (a) in the formulation of its policy objectives and priorities and (b)
to keep the policy objectives and priorities under review; 
2. Consideration of the broad social, economic and environmental needs of the Council’s
area and matters of comprehensive importance thereto; 
3. Advising the Council generally as to its financial and economic policies;
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4. The preparation of all major strategic policy documents; 
5. Consideration or alteration within the policy framework established by the Council of
policy objectives in relation to all of the Council’s functions; 
6. Monitoring the performance of the Authority towards achieving its policy objectives and
priorities in relation to all functions of the Council; 
7. Development of the capacity of organisations, individuals and communities, including
young people to become involved in, and contribute to North Ayrshire, its
neighbourhoods and communities, in the context of Fair for All and the reduction of
inequalities. 
8. Development of community and locality planning and Locality Partnerships, including
strategy relating to the development of defined locality priorities and community action
plans; and the application of Community Investment and Participatory Budgeting. 
9. Development of Community Wealth Building (CWB) including the Community 
Wealth Building Strategy and support for the work of the CWB Commission. 
B. Resources and Services 
10. Advising the Council generally on the allocation and control of its financial, workforce
management, asset management and land resources; 
11. The organisation and administration of all Directorates and Services of the Council; 
12. Ensuring that the organisation and management processes of the Council are designed
to make the most effective contribution in the achievement of the Council’s objectives,
reviewing where necessary and recommending to the Council any changes in the
Committee structures or the distribution of functions and responsibilities; 
13. Initiating and considering the results of reviews of strategic or corporate significance and
any such other review as the Cabinet may deem appropriate; 
14. Initiating or carrying out reviews of the Council’s Risk Management Strategy; 
15. Ensuring the Council has adequate and appropriate processes in place to ensure
business continuity; 
16. The preparation and implementation of the strategy for Performance Management and
Review; 
17. Reviewing the implementation of the Locality Outcome Improvement Plan, Council Plan,
the Council Plan Delivery Plan, and the Council Plan Performance Framework; 
18. Ensuring that all the Chief Officers establish and implement satisfactory arrangements for
reviewing and appraising their Services’ performances against set objectives, levels and
standards of service and performance indicators and to receive regular reports on these
and to review the outcomes;
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C. Financial Management 
19. Within the context of the Capital Plan, advising and making recommendations to the
Council on the approval of proposals for capital expenditure, the ranking of priorities and
allocation of resources in relation to capital expenditure; 
20. Within the context of the Revenue Plan, advising and making recommendations to the
Council of proposals for revenue expenditure and ranking of priorities and allocation of
resources in relation to revenue expenditure; 
21. Policy and Strategy relating to the banking arrangements of the Council; 
22. The preparation, review and amendment of regulations and arrangements for the proper
administration of the Council’s financial affairs; 
23. Ensuring that Heads of Service maintain effective controls within financial procedures
operated within their Services; 
24. Performance reporting relating to the borrowing of money by the Council and treasury
management; 
25. Performance reporting relating to the investment of any funds including trust, common
good and pension funds under the control or direction of the Council; 
26. Policy and strategy relating to the Council’s portfolio of insurance policies; 
27.  Policy and strategy relating to the collection of council tax, non-domestic rates,
community charges, water and sewerage charges (on behalf of Scottish Water) and acting
as Collecting Authority therefor in terms of Section 79 of the Local Government etc.
(Scotland) Act 1994; 
28. The exercise of any discretionary powers under the Council Tax (Variation for
Unoccupied Dwellings) (Scotland) Amendment Regulations 2016 to set the amount of any
discount or levy on long term empty property; 
29. Policy and strategy relating to the initiation of actions and procedures for the recovery of
council tax, non-domestic rates, and any other charges for which the Council has
authority to charge or recover; 
30. Policy and strategy relating to the Scottish Welfare Fund, Housing Benefit and Universal
Credit;  
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D. Property, Accommodation and Staffing 
31. Policy and strategy relating to the administrative buildings of the Council and providing,
furnishing, equipping and maintaining the necessary offices and buildings for this purpose; 
32. The management and use of lands and buildings controlled by the Council, including
Common Good and the use or disposal of land and buildings declared surplus to the
requirements of the Council including Common Good and HRA land, subject always to
the principle of Best Value, the terms of The Disposal of Land by Local Authorities
(Scotland) Regulations 2010 and any other relevant enactment. 
33. Except where reserved to Council as part of approval of the Capital Plan, the approval of
acquisitions of land and buildings subject to the principle of Best Value and any relevant
legislative provisions which may be in place from time to time; 
34. Policy and strategy relating to energy management in all properties owned or used by the
Council; 
35. The assessment and determination of housing needs; 
36. The approval, amendment or replacement of a local housing strategy and Strategic
Housing Investment Plan (SHIP); 
37. Policy and strategy relating to the training, development and welfare of all staff including
the preparation and review of Council policies on staffing issues and Health & Safety at
Work, pay modernisation and the promotion of good human resource and employment
practices; 
38. Without prejudice to the functions of the Joint Consultation Committee and the Local
Negotiating Committee for Teachers, all matters relating to the conditions of service,
remuneration, allowances, attendance, superannuation and pensions of all employees
including consultation and negotiation with appropriate Trade Unions as necessary and
the ratification of national agreements and significant local agreements; 
39. Oversight of use of powers under the Regulation of Investigatory Powers (Scotland) Act; 
40. The development and monitoring of policies relating to equalities;
E. Digital
41. Approval of the Council’s Digital and Information Strategies; 
42. Policy and strategy relating to the Information Technology and cyber security
requirements of the Council; 
F. Education 
43. Consideration or alteration within the policy framework established by the Council of
policy objectives and priorities in relation to Education; 
44. Exercising the functions of the Council as Education Authority under the Education
(Scotland) Acts and any other relevant statutes. In particular and without prejudice to the
above principal terms of reference:
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(a) All policy and strategy relating to education including pre-school education,
primary education, secondary education, outdoor and sports education, lifelong
education and community learning; and
(b) All policy and strategy relating to Parent Councils.
G. Miscellaneous
45. Any participation by the Council in matters relating to careers advice and placement in
employment including the Council’s interest in and relationship with Careers Scotland; 
46. All matters relating to the Council’s involvement in the provision of national and local youth
and adult training schemes; 
47. Policy and strategy with regard to social, educational, cultural, recreational and
community-based activities; 
48. Determination of community asset transfer requests under either the Council’s
Community Asset Transfer Scheme or the Community Empowerment (Scotland) Act
2015; 
49. All matters relating to the administration of bursaries; 
50. Approval of the Council’s Communications Strategy; 
51. All matters relating to Best Value and the quality of service delivery in respect of all
services of the Council in terms of the Local Government in Scotland Act 2003; 
52. The arrangement of civic hospitality and other receptions; 
53. The level of annual funding to be provided to Community Councils; 
54. Determining applications for financial assistance from outside bodies, unless delegated
to another Committee; 
55. Consideration of new legislation or consultation papers, except where the subject matter
is within the remit of another Committee or delegated to Officers; 
56. Policy and strategy relating to Civil Contingencies and Business Continuity; 
57. Policy and strategy relating to Community and Locality Planning, including approval of the
Locality Outcomes Improvement Plan and Locality Plans; 
58. Policy and strategy relating to mental health functions excluded from delegation to the
North Ayrshire Integration Joint Board; 
59.  Decisions in relation to Business Improvement Districts proposed under the Planning etc.
(Scotland) Act, including exercise of the Council’s veto of bid proposals, and to instruct
the holding of a ballot; and 
60.  Exercise of the functions of the Council as harbour authority and Duty Holder under the
Harbours Act 1964, the Port Marine Safety Code, the Millport Piers Order and the
Saltcoats Harbour Act in relation to piers, harbours and navigable rivers. 
61. Determination of community requests for the establishment of a Firework Control Zone in
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terms of part 4 of the Fireworks and Pyrotechnic Articles (Scotland) Act 2022. 
62. To consider and determine applications for review of Islands Impact Assessments in
accordance with The Islands Act 2018 and The Island Communities Impact Assessments
(Publication and Review of Decisions) (Scotland) Regulations 2020 and any other
associated legislation and regulations. 
Annexation A 
Regulations for nominations of persons interested in the promotion of religious education to be
appointed to the Cabinet. 
1. The Cabinet will appoint three persons interested in the promotion of religious education
to be members of the Cabinet in accordance with Section 124 of the Local Government
(Scotland) Act 1973 as amended by Section 31 of the Local Government Etc. (Scotland)
Act 1994. 
2. The appointment will be made by the Cabinet as soon as possible after the ordinary
statutory election of Councillors in the month of May and these persons will be appointed
and hold office until the day of the next ordinary election of Councillors.
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SECTION 4: APPEALS COMMITTEE 
Constitution 
The Appeals Committee will comprise a pool of 12 Members namely those Members of the
Staffing and Recruitment Committee and their named substitutes. Out of this pool, three
Members will determine each individual appeal. Committee Services will select the three
Members on an equitable basis, having regard to availability. 
The Chair of the Committee will be appointed by the Committee at each individual meeting, for the
duration of that committee meeting. 
Quorum 
Three members of the Committee will constitute a quorum. 
Delegated Powers 
The Appeals Committee has full delegated powers to implement its functions, remit and
responsibility as detailed above, save that it does not have the power to reverse any decision
taken by Council or any other Committee of the Council or to make or amend any policy. 
Meetings: 
The Appeals Committee will meet as and when business requires. 
Functions Referred 
1. To determine appeals by employees against dismissal, whether resulting from
disciplinary action or incapability, in accordance with the Council’s Policies and
Procedures. 
2. To determine the outcome of grievance appeals by employees following exhaustion of the
grievance stages, up to and including Executive Director, Heads of Service and the Chief
Executive. 
3. To determine appeals by internal candidates in relation to the recruitment and selection
procedure.  This will be treated as the final stage in the appeal process at Stage 3 of the
grievance procedure. 
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SECTION 5: AUDIT AND SCRUTINY COMMITTEE 
Constitution 
Nine Members of the Council excluding any Members of the Cabinet and comprising two
Members nominated by the Administration, three Members nominated by the main Opposition,
three Members nominated by the second Opposition and one independent Member. 
Chair 
The Chair of the Committee will not be a Member of the Administration and will be approved by
the Council. The Chair and the Vice-Chair will be appointed by the Council. 
Quorum 
Three Members of the Committee will constitute a quorum. 
Delegated Powers 
The Audit and Scrutiny Committee has delegated powers to (a) approve the audited accounts of the
Council and; (b) to determine a request under the Asset Transfer Request (Review Procedures)
(Scotland) Regulations 2016, to review a decision to either refuse an asset transfer request or
grant it subject to conditions. Otherwise, it does not have delegated powers and, except for
matters reserved to Council, all recommendations of the Committee will be considered by
Cabinet. 
Functions Referred 
The following functions of the Council will stand referred to the Committee:
Performance Functions
1. The preparation and implementation of the strategy for Performance Review. 
2. Assurance that Chief Officers establish and implement satisfactory arrangements for
setting priorities, SMART actions to deliver these, supported by performance indicators
and to receive regular reports on these and then to review the outcomes.
Audit Functions 
1. Assurance that the Council has proper arrangements to deliver Best Value and value for
money, including consideration of quality reviews under EFQM, PSIF etc.
2. Assurance that the Council has appropriate corporate governance arrangements in
place.
3. Assurance on the integrity of the financial reporting process. 
4. In relation to Internal Audit functions, to oversee its independence, objectivity,
performance and professionalism, to support the effectiveness of the internal audit
process and promote the effective use of internal audit within the assurance framework.
5. To consider reports from External Audit and inspection agencies and their implications for
governance, risk management or control.
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6. Support effective relationships between external audit and internal audit, inspection
agencies and other relevant bodies.
7. Review the financial statements, external auditor’s opinion and reports, and monitor
management actions in response to issues raised by external audit.
8. Ensuring that Heads of Service maintain effective controls within financial procedures
operated within their Services.
9. To monitor the effectiveness of the control environment, including arrangements for
managing the Council’s exposure to Corporate Fraud, Counter Fraud and Corruption are
robust, including review of individual case reports.
10. Consider the effectiveness of Risk Management arrangements and the control
environment.
11. Approval of the audited accounts of the Council
Scrutiny Functions
1. Monitoring the performance of the Authority towards achieving its policy objectives and
priorities in relation to all functions of the Council. 
2. Reviewing the effectiveness of all the Council’s policies, work and the standard and
levels of services provided and questioning Members of the Cabinet thereon. 
3. Reviewing the implementation of the Locality Outcome Improvement Plan, Council Plan,
the Council Plan Delivery Plan, the Council Plan Performance Framework and Service
Budgets. 
4. Monitoring the functions of external bodies funded by the Council (Following the Public
Pound). 
5. Monitoring and reviewing the Council’s complaints procedures. 
6. As a result of call-in requests, scrutinise decisions of Cabinet, in terms of the procedures
set out in the Standing Orders for Meetings. 
7. To be responsible for setting its own work programme which will include the right to
undertake reviews following input from inter alia the Cabinet, the Council, members of the
Audit and Scrutiny Committee itself and Community Planning Partners. 
8. The Committee may at its discretion set up short term working groups for review work.
Membership of the working group will be open to anyone, with the exception of Cabinet
Members, whom the Committee considers will assist in the task assigned. The working
groups will not be decision making bodies or formal committees but will make
recommendations to the Audit and Scrutiny Committee. 
9. Promoting the highest standards of conduct by Elected Members including appropriate
training.
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10. Assisting Elected Members in observing the relevant Codes of Conduct. 
11. Monitoring and keeping under review the Codes of Conduct maintained by the Council. 
12. Reviewing the personal development and training of Councillors. 
13. Receiving all petitions and deputations submitted to the Council except those relating to
the Council’s planning functions, which shall be considered by the Planning Committee.
The arrangements for receiving petitions are as set out in Appendix B to the Standing
Orders relating to Meetings and Proceedings of the Council and Committees. 
14. Determination of a request under the Asset Transfer Request (Review Procedures)
(Scotland) Regulations 2016, to review a decision to either refuse an asset transfer
request or grant it subject to conditions. 
15. Determination of the review a decision by Cabinet not to take forward a community
request to establish of a Firework Control Zone in terms of part 4 of the Fireworks and
Pyrotechnic Articles (Scotland) Act 2022. 
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SECTION 6: AYRSHIRE ECONOMIC JOINT COMMITTEE 
Constitution 
A maximum of thirteen Members, comprising up to three members each nominated by East,
North and South Ayrshire Councils, one from Scottish Enterprise, one from Skills Development
Scotland, one from the business sector and one from the education sector. Named substitutes
are permitted to attend in place of any nominated Member. 
Chair 
The Chair of the Committee will rotate annually from a Member appointed by East Ayrshire
Council to North Ayrshire Council, and to South Ayrshire Council and so on, with each Chair
taking up their position as set out in the Minute of Agreement. In the event of the incumbent
Chair either being absent or withdrawing from a meeting, another member from the Authority of
the present Chair, chosen by the members of that Authority present, shall assume the Chair for
that meeting or part thereof. For parts or all of those meetings where the business to be
transacted involves only two authorities, the Chair will be appointed by rotation. 
Quorum 
A quorum of the Joint Committee shall be four members, with at least one member from each
Council present. 
Standing Orders and Meetings 
The Standing Orders for the Joint Committee shall be as determined by East, North and South
Ayrshire Councils. The Committee shall determine its timetable of meetings but shall meet at
least two times per annum. 
Functions Referred 
The following functions of the Council will stand referred to the Joint Committee: - 
Acting in the interests of Ayrshire as a whole: - 
1. To approve the Ayrshire Economic Strategy. 
2. To make recommendations to the UK and Scottish Governments, the Ayrshire Councils,
public sector partners and business to promote collaborative working and to ensure their
priorities, policies and service delivery are aligned with the Ayrshire Economic Strategy
and the Ayrshire Growth Deal. 
3. To approve the business cases of individual Ayrshire Growth Deal Projects. 
4. To receive reports on the effectiveness of the implementation of the Ayrshire Economic
Strategy and the Ayrshire Growth Deal and to identify potential improvements and make
recommendations to the Constituent Authorities. 
5. To make recommendations to the Constituent Authorities in respect of the Ayrshire
Growth Deal funding arrangements. 
6. To make recommendations to the Constituent Authorities on the setting of budgets for the
Ayrshire Growth Deal
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7. To approve operational expenditure within agreed Ayrshire Growth Deal Joint Committee
budgets allocated by the Constituent Authorities in order to further the aims of the
Ayrshire Growth Deal. 
Delegated Powers 
The Joint Committee has delegated powers to implement its functions, except as otherwise
provided herein. The Joint Committee shall have power to create an Ayrshire Regional
Economic Partnership Sub-Committee whose membership, powers and remit shall be as
follows: - 
Ayrshire Economic Partnership Sub-Committee Constitution
The Ayrshire Economic Partnership (‘the Partnership’) is a sub-committee in terms of section
56(1) of the Local Government (Scotland) Act 1973. It shall comprise a maximum of 22
members in terms of its Standing Orders, being: - 
(a) three representatives (2 Councillors and one Officer) nominated by each of East, North
and South Ayrshire Councils;
(b) three representatives of the business sector selected by the Partnership;
(c) three representatives of the Higher or further Education sector, selected by the
Partnership; and
(d) one representative nominated by each of Scottish Enterprise, Highlands and Islands
Enterprise, Skills Development Scotland, and Visit Scotland. 
The Partnership may also co-opt up to three additional members on the basis of experience or
skills, whether from existing members, from other organisations or individuals. Named
substitutes are permitted to attend in place of any nominated Member. 
Chair 
The Chair shall be appointed by the Joint Committee. 
Quorum 
A quorum of the Partnership shall be six, with at least one nominee from each of the Ayrshire
Councils present. 
Standing Orders and Meetings 
The Standing Orders of the Partnership shall be as determined by East, North and South
Ayrshire Councils. The Partnership shall determine its timetable of meetings but shall meet at
least six times per annum. 
Delegated Powers 
The Partnership has delegated powers to implement its functions, except as otherwise provided
herein.
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Functions Referred 
The following functions of the Ayrshire Regional Economic Joint Committee will stand referred to
the Partnership: - 
The following functions of the Ayrshire Economic Joint Committee will stand referred to the
Partnership: - 
Acting in the interests of Ayrshire as a whole, to: - 
1. To oversee the development of the Ayrshire Economic Strategy and to make
recommendations to the Ayrshire Economic Joint Committee regarding its approval. 
2. To provide strategic oversight for the delivery of the strategic priorities and actions
contained with the Ayrshire Economic Strategy and any Action Plan forming part of such
Strategy. 
3. To drive forward the growth of the Ayrshire economy. 
4. To prioritise inclusive growth and provide an annual report in line with the Scottish
Government’s Inclusive Growth Monitoring Framework. 
5. To drive increased collaboration and partnership between the Ayrshire Councils, the
Scottish & UK Governments and their agencies and the private sector, focussed towards
delivery of the Ayrshire economic priorities. 
6. To make recommendations to the Ayrshire Economic Joint Committee, the Ayrshire
Councils, public sector partners and business to promote collaborative working and to
ensure their priorities, policies and service delivery are aligned with the Ayrshire Economic
Strategy and the Ayrshire Growth Deal. 
7. Undertake periodic reviews of the Ayrshire Economic Strategy and any Action Plan
forming part of the Strategy to ensure that it is consistent with the emerging ambitions of
Ayrshire and collaboration with partners. 
8. To oversee the development of the business cases of individual Ayrshire Growth Deal
Projects and to make recommendations to the Ayrshire Economic Joint Committee
regarding their approval. 
9. To oversee the implementation of the Ayrshire Economic Strategy and the Ayrshire
Growth Deal, to monitor the performance of the Programme Management Office (PMO), to
identify potential improvements and make recommendations to the PMO or the Ayrshire
Economic Joint Committee. 
10. To make recommendations to the Ayrshire Economic Joint Committee in respect of the
Ayrshire Growth Deal funding arrangements. 
11. To ensure that an effective monitoring and evaluation framework is in place at both a
project and programme level, and that each Member Authority is delivering upon its
requirements. 
12. To provide strategic direction and manage the input of any Thematic or other Working
Groups.  
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Ayrshire Skills Economic Partnership Sub-Committee 
The Ayrshire Economic Joint Committee (“AEJC”) has established a sub-committee with
delegated authority to create, implement and approve awards from the Ayrshire Skills Investment
Fund (“ASIF”).   
The ASIF is an Ayrshire Growth Deal project designed to fund skills development and training in
priority sectors, when existing provision is not available, flexible or responsive. 
Constitution 
The ASIF Sub Committee is formed in terms of section 56(1) of the Local Government (Scotland)
Act 1973. It shall comprise a maximum of [22] members in terms of its Standing Orders, being: 
(a) [three] representatives (one Councillor and two Officers) nominated by each of North, East
and South Ayrshire Councils;
(b) [one] representative nominated by each of Skills Development Scotland and Scottish
Enterprise; and
(c) [one] representative nominated by each of GMB Union, Unite Union and Unison Union. 
The ASIF Sub Committee may also co-opt up to [three] additional members on the basis of
experience or skills, whether from existing members, from other organisations or individuals. 
[Named substitutes are permitted to attend in place of any nominated member.] 
The ASIF Sub Committee may also appoint up to [three] advisors from the Higher or Further
Education sectors on the basis of experience or skills. 
Chair 
The Chair shall be appointed by the AEJC. 
Quorum 
A quorum of the ASIF Sub Committee shall be six, with at least one nominee from each of the
Ayrshire Councils present. 
Standing Orders and Meetings 
The Standing Orders of the ASIF Sub Committee shall be as detailed in the Appendix. The ASIF
Sub Committee shall meet every six weeks and the Chair may convene additional meetings as
required. 
Delegated Powers 
The ASIF Sub Committee has delegated powers to implement its functions, except as otherwise
provided herein. 
Functions Referred 
The following functions of the AEJC will stand referred to the ASIF Sub Committee: 
1. To consider the output of the Regional Skills Investment Plan; 
2. To identify and prioritise skills gaps on an ongoing basis; 
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3. To determine and implement the most appropriate means of administering the ASIF to meet
identified skills gaps; 
4. To invite and evaluate ASIF Grant applications, including conducting a subsidy control
assessment in respect of each application; 
5. To award grants from the ASIF; and 
6. To develop and establish a suitable procurement process to ensure sufficient training
provision is secured to meet identified skills gaps. 
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SECTION 7: AYRSHIRE SHARED SERVICES JOINT COMMITTEE 
Constitution 
A maximum of twelve Members, comprising up to four members each nominated by East,
North and South Ayrshire Councils 
Chair 
The Chair of the Committee will rotate annually from a Member appointed by North Ayrshire
Council to East Ayrshire Council, and to South Ayrshire Council and so on, as set out in the
Minute of Agreement among the Ayrshire Councils. In the event of the incumbent Chair either
being absent or withdrawing from a meeting, another member from the Authority of the present
Chair, chosen by the members of that Authority present, shall assume the Chair for that meeting
or part thereof. For parts or all of those meetings where the business to be transacted involves
only two authorities, the Chair will be appointed by rotation. 
Quorum 
A quorum of the Joint Committee shall be four members where all three Councils elect to
participate in a particular Shared Service arrangement, with at least one member representing
each of the parties. 
Where only two of the Councils elect to participate in a particular Shared Service arrangement
the quorum of the Joint Committee shall be three members, with at least one member
representing each of the parties. 
Standing Orders and Meetings 
The Joint Committee shall adopt its own Standing Orders. The Committee shall determine its
timetable of meetings. 
Delegated Powers 
The Joint Committee has delegated powers to implement its functions, except as otherwise
provided herein. The Joint Committee shall have power to create Sub-committees, and to
determine the powers, membership and Chair of such Sub-Committee. 
Functions Referred 
The following functions of the Council will stand referred to the Committee in relation to such
Shared Services as shall be agreed by the parties from time to time and more specifically
detailed in a Minute of Agreement: - 
1. To monitor spend within the budget approved by the parties hereto in relation to each
Shared Service. 
2. To develop and implement a strategic policy framework for the operation of each Shared
Service. 
3. To receive, scrutinise and approve service plans for implementation of the policies and
priorities for service delivery relative to Shared Services including establishing
appropriate service targets and performance indicators. 
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4. To co-ordinate, guide, monitor and review the performance and discharge of Shared
Services by officers of the relevant Lead Authority. 
5. To consider and approve an annual Service Plan in respect of each Shared Service
including the Budget submission. The Joint Committee does not have any delegated
authority in relation to setting the budget of any Shared Service.
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SECTION 8: EDUCATION APPEAL COMMITTEE 
Constitution 
The rules for the formal constitution and membership of Education Appeal Committees are laid
down in Schedule 1A of the Education (Scotland) Act 1980 as amended. 
The Committee will comprise of 3 members, comprising one Member of Council and two Lay
Members, drawn from a pool of 4 Members of Council and approximately 9 Lay Members. 
Lay Members are deemed to be persons who are not Members of the Council or the Cabinet
and are either parents of children of school age or persons having experience in education or
persons acquainted with the educational conditions in the area, but not including any person
employed by the Authority in an administrative or advisory capacity as respects the discharge of
their education functions. 
Chair 
The Chair shall be nominated by the Committee at each meeting. The Chair of the Appeal
Committee will not be a Member of the Cabinet. 
Quorum 
Three Members of the Committee, comprising one Member of Council and two Lay Members
shall constitute a quorum. 
Delegated Powers 
The Education Appeal Committee has delegated powers to confirm or refuse to confirm the
relevant decision of the Council acting as Education Authority. If refusing to confirm a decision,
the Council must give effect to the Committee’s decision. 
Functions Referred 
The following functions stand referred to the Committee: 
1. Appeals by parents against a decision of the Council acting as Education Authority as to
the schools which their child or children should attend, in response to a placing request
submitted by the parent. 
2. Appeals by a parent against a decision of the Council acting as Education Authority to
exclude their child or children.
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SECTION 9: LICENSING COMMITTEE 
Constitution 
Ten Members of the Council comprising three Members nominated by the Administration, three
Members nominated by the main Opposition, three Members nominated by the second
Opposition and 1 independent Member. 
Chair 
The Committee will have a Chair and a Vice-Chair. The Chair and the Vice-Chair will be
appointed by the Council. 
Quorum 
Three Members of the Committee will constitute a quorum. 
Delegated Powers 
The Licensing Committee will have full delegated powers to implement its functions. 
Functions Referred 
1. The power to exercise the Council’s functions in connection with all licensing and
analogous registration matters having effect within the area of the Council unless a
licensing issue has been specifically referred to another Committee. 
2. The power to make a resolution to licence any activity in terms of the Civic Government
(Scotland) Act 1982, or to revoke or rescind any such resolution. 
3. The power to make any Policy Statement or policy relating to licensed activities other than
those remitted to the Licensing Board. 
4. The power to discharge the Council’s statutory functions in relation to Safety at Sports
Grounds. 
5. The power to carry out the Council's functions under the Civic Government (Scotland) Act
1982, Part V (Public Processions). 
6. Registration of private landlords. 
7. The power to review licences, take enforcement action and consider and determine all
complaints and issues relating to licence holders or licensees. 
8. The power to discharge the Council’s statutory powers relating to Building Standards in
terms of the Building Standards (Scotland) Act 2003 and other legislation. 
9. The power to oversee the exercise of all the Council’s functions under Parts 7 and 8 of
the Antisocial Behaviour (Scotland) Act 2004, and to make such decisions in exercise of
these powers as are not delegated to Officers. 
10. Registration of Short-term Lettings. 
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SECTION 10: LOCAL DEVELOPMENT PLAN COMMITTEE 
Constitution 
The Local Development Plan Committee will comprise all 33 Members of the Council. 
Chair 
The relevant Portfolio Holder on the Cabinet shall be the Chair. A Vice-Chair shall be
appointed by the Council. 
Quorum 
Six Members of the Committee shall constitute a quorum. 
Functions referred 
The following functions of the Council will stand referred to the Committee: - 
1. To undertake all processes required under Parts 2 of the Town and Country (Scotland)
Act 1997 as amended or any legislation subsequently enacted for the preparation of the
North Ayrshire Local Development Plan. 
2. To receive representation from Elected Members, statutory consultees, local authorities
and the general public on the content of the Local Development Plan. 
3. To consider any representations received and to make any adjustment to the draft
Local Development Plan. 
4. To finalise the form and content of the Local Development Plan and to present it to the
North Ayrshire Council for adoption. 
5. To undertake all statutory processes relating to Core Path Planning and to finalise the
form and content of the Core Path Plan and submit it to Cabinet for adoption. 
6. To undertake all statutory processes relating to a Regional Spatial Strategy in terms of
Section 4ZA-E of the Town and Country Planning (Scotland) Act 1997, and to finalise
the form and content of the Regional Spatial Strategy and submit it to Cabinet for
adoption. 
7. To undertake all statutory processes relating to a Local Place Plan in terms of Section
15A of the Town and Country Planning (Scotland) Act 1997. 
8. To undertake all statutory processes relating to an Open Space Strategy in terms of
Section 3 G of the Town and Country Planning (Scotland) Act 1997, and to finalise the
form and content of the Open Space Strategy and submit it to Cabinet for adoption. 
9. To undertake all statutory processes relating to Master Plan Consent Areas in terms of
Section 54A-F of the Town and Country Planning (Scotland) Act 1997, and to finalise the
form and content of any Master Plan Consent Areas and submit it to Cabinet for
adoption. 
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10. To undertake all statutory processes relating to a Forestry and Woodland Strategy
in terms of Section A159 of the Town and Country Planning (Scotland) Act 1997, and to
finalise the form and content of the Forestry and Woodland Strategy and submit it to
Cabinet for adoption.
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SECTION 11: LOCAL REVIEW BODY 
Constitution 
Ten Members of the Planning Committee. 
Chair 
The Chair and Vice-Chair shall be appointed by the Council. 
Quorum 
Three Members of the Local Review Body will constitute a quorum. 
Delegated Powers 
The Local Review Body has fully delegated powers to implement its functions. 
Functions Referred 
To conduct reviews in respect of appeals against refusal of planning permission, or
unacceptable conditions or failure to determine an application within such period as is
prescribed in terms of the Scheme of Delegation to Officers under Section 43(A) (i) of the Town
& Country Planning (Scotland) Act 1997 and the Town & Country Planning (Scheme of
Delegation and Local Review Procedure) (Scotland) Regulations 2013. 
Procedure to be followed by the Local Review Body 
1. Once a formal Notice of Request for Review is received all parties who have been
involved in the application, including consultees and objectors are notified of the Review
Request. 
2. All parties are permitted a period of time to submit representations to the Local Review
Body on the Review Request. No new information shall be permitted except under
exceptional circumstances. 
3. The Local Review Body will meet to determine whether any additional information is
required. If none is considered necessary, they shall determine the review. Where
additional information is required the following options may be considered: 
(a) Call for further written submissions from the parties; and/or
(b) agree to convene a hearing allowing the parties to make oral representations;
and/or
(c) agree to carry out a site visit which may be accompanied or unaccompanied. It will
be possible to combine more than one of these processes. 
4. All parties will be advised of the process to be followed and the timescale within which further
information, if any, is to be submitted.
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5. The Local Review Body will meet and determine the Review based on the procedure
chosen at the earlier meeting. The Local Review Body will be supported by a Planning
Officer, one who has not been involved in the application under review and, where
considered necessary, a Legal Adviser. Committee Services will support the Local
Review Body and produce Minutes of their meetings. 
6. Once a decision has been taken by the Local Review Body all parties will be notified of
the result. Only an appeal to the Court of Session on a point of law can follow thereafter.
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SECTION 12: PLANNING COMMITTEE 
Constitution 
Ten Members of the Council comprising three Members nominated by the Administration, three
Members nominated by the main Opposition, three Members nominated by the second
Opposition and one independent Member. 
Chair 
The Committee will have a Chair and a Vice-Chair. The Chair and the Vice-Chair will be
appointed by the Council. 
Quorum 
Three Members of the Committee will constitute a quorum. 
Delegated Powers 
The Planning Committee has fully delegated powers to implement its functions. 
Functions Referred 
The following functions of the Council will stand referred to the Committee: 
All planning matters under the provisions of the Town and Country Planning (Scotland) Act 1997,
the Countryside (Scotland) Act 1967, the Planning and Compensation Act 1991, the Local
Government Etc. (Scotland) Act 1994, the Land Reform (Scotland) Act 2003, the Planning Etc.
(Scotland) Act 2006 and the Planning (Scotland) Act 2019; 
Notwithstanding the above the following powers are delegated to the Committee namely the
power to: 
1. Determine planning permission. For the avoidance of doubt this includes the
determination of planning applications for major developments which are significantly
contrary to the Local Development Plan; and the determination of applications for national
developments as specified in the National Planning Framework; 
2. Determine listed building and conservation area consent; 
3. Approve amendments and other consents including material and non-material
variations. 
4. Approve advertisement consent. 
5. Determine certificates of lawfulness. 
6. Determine screening and scoping opinions. 
7. Determine hazardous substances consents. 
8. Determine prior notifications for agricultural development and demolition. 
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9. Determine applications by Statutory Undertakers where not otherwise delegated. 
10. Determine applications relating to Tree Preservation Orders, including determination
and confirmation of provisional tree preservation orders where objections are received
or other planning related orders where not otherwise delegated. 
11. Instruct enforcement and interdict actions for planning related matters including direct
action where appropriate. 
12. Participate in the preparation of the North Ayrshire Local Development  Plan. 
13. Receive reports from the Ayrshire Joint Planning Service. 
14. Prepare design or development planning briefs. 
15. Respond to appropriate planning consultations. 
16. Determine matters concerning Rights of Way, Access, Path Planning and Footpaths
where not otherwise delegated. 
17. Notwithstanding the terms of paragraphs 1 and 2 above, determine any other
regulatory planning matters.
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31 
SECTION 13: POLICE AND FIRE AND RESCUE COMMITTEE 
Constitution 
Ten Members of the Council comprising three Members nominated by the Administration, three
Members nominated by the main Opposition, three Members nominated by the second
Opposition and one independent Member. Membership shall, if possible, include a Member who
represents each of the six Localities, namely Irvine, Kilwinning, Three Towns, Arran, Garnock
Valley and North Coast. 
Chair 
The Chair and the Vice-Chair will be appointed by the Council. 
Quorum 
Three Elected Members of the Council shall constitute a quorum. 
Delegated Powers 
The Police and Fire and Rescue Committee has full delegated powers to implement its functions
except as otherwise provided for herein. 
Functions Referred 
The following functions of the Council will stand referred to the Committee: 
1. Discharge all duties of the Council in connection with the provision by the Police Service
of Scotland of police services within North Ayrshire. 
2. Discharge all duties of the Council in connection with the provision by the Scottish Fire
and Rescue Service of fire and rescue services within North Ayrshire. 
3. To consider and comment upon the proposed local operating arrangements for the Police
Service of Scotland and the Scottish Fire and Rescue Service. 
4. To consider and approve the draft Police and Fire and Rescue Plans for North Ayrshire. 
5. To scrutinise the planning, delivery and outcomes of services delivered by the Police
Service of Scotland and the Scottish Fire and Rescue Service in North Ayrshire. 
6. To request and receive information and reports from the Local Commander (Police) and
Local Senior Officer (Fire and Rescue) on any area or aspect of the services deemed
appropriate including reports concerning deployment of resources and issues arising on
Bonfire Night. 
7. To receive and comment on performance reports from the Local Commander (Police)
and Local Senior Officer (Fire and Rescue), in order to monitor and assess the
performance of Police and Fire and Rescue Services against local and national
performance frameworks and to make recommendations for improvements.
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8. To scrutinise the discharge of the Police Service of Scotland and the Scottish Fire and
Rescue consultative and community engagement arrangements in North Ayrshire. 
9. To consider reports from external agencies such as HMICS, external auditors and Audit
Scotland in relation to the work carried out by the Police Service of Scotland and Scottish
Fire and Rescue Service. 
10. To consider and respond to consultations on strategic Police and Fire and Rescue
priorities and Scottish Police Authority and Scottish Fire and Rescue Service Strategic
Plans.
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SECTION 14: STAFFING AND RECRUITMENT COMMITTEE 
Constitution 
Six members of the Council, namely the Leader and Depute Leader of the Council, the Leader
and Depute Leader of the main Opposition, the Leader and Depute Leader of the second
Opposition shall constitute the membership of the Committee. The Cabinet Member holding the
relevant service portfolio relating to that particular Chief Officer appointment shall also be a
member of the Committee for business relating to that appointment only. 
Each member will have a named substitute who may attend meetings in their place when
necessary. 
For appointments to Chief Officer posts of the North Ayrshire Health and Social Care
Partnership, the Committee shall comprise the Leader, the Deputy Leader, the Leaders of the
Opposition, the Council’s Chief Executive, and the Chair, Vice Chair and another Director of
NHS Ayrshire and Arran Health Board and the Chief Executive of NHS Ayrshire and Arran, or
their nominee. (Note – the Chief Officer and Chief Finance Officer of the Integration Joint Board
are appointed by the Integration Joint Board). 
Chair 
The Leader of the Council will be the Chair. 
Quorum 
Three Members of the Committee will constitute a quorum. 
Delegated Powers 
The Staffing and Recruitment Committee will have delegated powers to implement its functions. 
Meetings 
The Committee will meet as and when necessary, in respect of its recruitment responsibilities. 
Functions Referred 
The following functions stand referred to the Committee: 
1. To consider arrangements for the selection of candidates for, and authorise the
appointment of individuals to, the posts of Chief Officer of the Council (other than interim
appointments). 
2. To consider and approve any application from a Chief Officer for early release, voluntary
early retirement or voluntary redundancy which does not otherwise comply with Council
policy on early release. 
3. The Chief Executive or nominee and Head of Service (People) will act as special advisers to the
Committee when undertaking Chief Officer recruitment. 
The Committee may also allow specialist or technical assessors to assist the Committee.
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SECTION 15 - NORTH AYRSHIRE INTEGRATION JOINT BOARD 
Constitution 
North Ayrshire Integration Joint Board is a statutory body constituted in terms of The Public
Bodies (Scotland) (Integration Joint Board Establishment) (Scotland) Order 2015. The
Functions delegated by the Council to the Board, as well as its Membership, Chairperson,
Quorum, and powers are more specifically set out in the North Ayrshire Integration Scheme,
being an agreement between North Ayrshire Council and Ayrshire and Arran NHS Board
approved by Scottish Ministers in March 2015. Voting membership comprises four persons
nominated by the NHS Board, and four persons appointed by the Council, each of whom may
have a Deputy. The Council nominations shall comprise two Members and two Deputies
nominated by the Administration and two Members and two Deputies not nominated by the
Administration. 
Chair 
The Chair shall rotate every two years between a Chair nominated by the Council, and one
nominated by the NHS Board. The Vice Chair is nominated from whichever of the Council or
NHS nominees who is not then the Chair. The Council appointed Chair or Vice Chair shall be
Cabinet Portfolio Holder for Health and Social Care. 
Quorum 
The quorum is half of the voting members. 
Delegated Powers 
North Ayrshire Integration Joint Board has fully delegated powers to implement its functions. 
Functions Referred 
In relation to the following functions 
1. Social work services for adults and older people.
2. Services and support for adults with physical disabilities, learning disabilities.
3. Mental health services.
4. Drug and alcohol services.
5. Adult protection and domestic abuse.
6. Carers support services.
7. Community care assessment teams.
8. Support services.
9. Care home services.
10. Adult placement services.
11. Health improvement services.
12. Aids and adaptations and gardening services.
13. Day services.
14. Local area co-ordination.
15. Respite provision.
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16. Occupational therapy services.
17. Re-ablement services, equipment and telecare.
18. Criminal justice social work services.
19. Children and families social work services. 
The duties of the Council under the following legislation: - 
1. National Assistance Act 1948 
(a) Section 45 (The recovery of expenditure incurred under Part III of that Act where a
person has fraudulently or otherwise misrepresented or failed to disclose a material
fact.)
(b) Section 48 (The protection of property of a person admitted to hospital or
accommodation provided under Part III of that Act.) 
2. Matrimonial proceedings (Children) Act 1958 
(a) Section 11 (Reports as to arrangements for future care and upbringing of children.) 
3. The Disabled Persons (Employment) Act 1958 
(a) Section 3 (The making of arrangements for the provision of facilities for the
purposes set out in section 15(1) of the Disabled Persons (Employment) Act
1944.) 
4. The Social Work (Scotland) Act 1968 
(a) Section 1 (The enforcement and execution of the provisions of the Social Work
(Scotland) Act1968.)
(b) Section 4 (The making of arrangements with voluntary organisations or other
persons for assistance with the performance of certain functions.)
(c) Section 5 (Local authorities to perform their functions under the Act under the
guidance of the Secretary of State.)
(d) Section 6B (Local authority inquiries into matters affecting children.)
(e) Section 8 (The conducting of or assisting with research in connection with
functions in relation to social welfare and the provision of financial assistance in
connection with such research.)
(f) Section 10 (The making of contributions by way of grant or loan to voluntary
organisations whose sole or primary object is to promote social welfare and
making available for use by a voluntary organisation premises, furniture,
equipment, vehicles and the services of staff.)
(g) Section 12 (The promotion of social welfare and the  provision  of  advice and
assistance) except in so far as it is exercisable in relation to the provision of
housing support services.
(h) Section 12A (The assessment of needs for community care services, the making
of decisions as to the provision of such services and the provision of emergency
community care services.)
(i) Section 12AZA (The taking of steps to identify persons who are able to assist a
supported person with assessments under section 12A and to involve such
persons in such assessments.)  
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(j) Section 13(The assistance of persons in need with the disposal of their work.)
(k) Section 13ZA (The taking of steps to help an incapable adult to benefit from
community care services.)
(l) Section 13A (The provision, or making arrangements for the provision, of residential
accommodation with nursing.)
(m) Section 13B (The making of arrangements for the care or aftercare of persons
suffering from illness.)
(n) Section 14 (The provision or arranging the provision of domiciliary services and
laundry services.)
(o) Section 27 (Supervision and care of persons put on probation or released from
prisons etc.)
(p) Section 27ZA (Grants in respect of community service facilities.)
(q) Section 28 (The burial or cremation of deceased persons who were in the care of
the local authority immediately before their death and the recovery of the costs of
such burial or cremation) so far as it is exercisable  in  relation to persons cared for
or assisted under another delegated function.
(r) Section 29 (The making of payments to parents or relatives of, or persons
connected with, persons in the care of the local authority or receiving assistance
from the local authority, in connection with expenses incurred in visiting the person
or attending the funeral of the person.)
(s) Section 59 (The provision of residential and other establishments.)
(t) Section 78A (Recovery of contributions.)
(u) Section 80 (Enforcement of duty to make contributions.)
(v) Section 81 (Provisions as to decrees for ailment.)
(w) Section 83 (Variation of trusts.)
(x) Section 86 (The recovery of expenditure incurred in the provisions of
accommodation, services, facilities or payments for persons ordinarily resident in
the area of another local authority from the other local authority.) 
5. The Children Act 1975 
(a) Section 34 (Access and maintenance.)
(b) Section 39 (Reports by local authorities and probation officers.)
(c) Section 40 (Notice of application to be given to local authority.)
(d) Section 50 (Payments towards maintenance of children.) 
6. The Local Government and Planning (Scotland) Act 1982 
(a) Section 24 (1) (The provision, or making arrangements for the provision, of
gardening assistance and the recovery of charges for such assistance.) 
7. Health and Social Services and Social Security Adjudications Act 1983 
(a) Section 21 (The recovery of amounts in respect of accommodation provided under
the Social Work (Scotland) Act 1968 or Section 25 of the Mental Health (Care and
Treatment) (Scotland) Act 2003.)
(b) Section 22 (The creation of a charge over land in England or Wales where a
person having a beneficial interest in such land has failed to pay a sum  due to be
paid in respect of accommodation provided under the Social Work (Scotland) Act
1968 or Section 25 of the Mental Health (Care and Treatment)(Scotland) Act
2003.)
(c) Section 23 (The creation of a charging order over an interest in land in Scotland
where a person having such an interest has failed to pay a sum due to be paid in
respect of accommodation provided under the Social Work (Scotland) Act 1968 or
Section 25 of the Mental Health (Care and Treatment)(Scotland) Act 2003.)
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8. Foster Children (Scotland) Act 1984 
(a) Section 3 (Duty of local authority to ensure well-being of and to visit foster
children.)
(b) Section 5 (Notification to local authority by persons maintaining or proposing to
maintain foster children.)
(c) Section 6 (Notification to local authority by persons ceasing to maintain foster
children.)
(d) Section 8 (Power of local authorities to inspect foster premises.)
(e) Section 9 (Power of local authorities to impose requirements as to the keeping of
foster children.)
(f) Section 10 (Power of local authorities to prohibit the keeping of foster children.) 
9. Disabled Persons (Services, Consultation and Representation) Act 1986 
(a) Section 2 (The making of arrangements in relation to an authorised representative
of a disabled person and the provision of information in respect of an authorised
representative.)
(b) Section 3 (The provision of an opportunity for a disabled person or an authorised
representative of a disabled person to make representations as to the needs of
that person on any occasion where it falls to a local authority to assess the needs
of the disabled person for the provision of statutory services by the authority, the
provision of a statement specifying the needs of the person and any services
which the authority proposes to provide, and related duties.)
(c) Section 7(The making of arrangements for the assessments of the needs of a
person who is discharged from hospital.) 
10. Section 8 (Having regard, in deciding whether a disabled person’s needs call for the
provision of services, to the ability of a person providing unpaid care to the disabled
person to continue to provide such care.) The Children (Scotland) Act 1995 
(a) Section 17 (Duty of local authority to children looked after by them.)
(b) Sections 19-27 (Provision of relevant services by local authority for or in respect of
children in their area.)
(c) Sections 29-32 (Advice and assistance for young person’s formerly looked after by
local authorities; duty of local authority to review case of a looked after child;
removal by local authority of a child from a residential establishment.)
(d) Section 36 (Welfare of certain children in hospitals and nursing homes etc.)
(e) Section 38 (Short term refuges for children at risk of harm.)
(f) Section 76 (Exclusion orders.) 
11. Criminal Procedure (Scotland) Act 1995 
(a) Section 51 (Remand and committal of children and young persons.)
(b) Section 203 (Where a person specified in section 27(1)(b)(i) to (vi) of the Social
Work (Scotland) Act 1968 commits an offence the court shall not to dispose of the
case without first obtaining a Report from the local authority in whose area the
person resides.)
(c) Section 234B (Drug treatment and testing order.)
(d) Section 245A (Restriction of liberty Orders.) 
12. The Adults with Incapacity (Scotland) Act 2000 
(a) Section 10 (The general functions of a local authority under the Adults with
Incapacity (Scotland) Act 2000.)
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(b) Section 12 (The taking of steps in consequence of an investigation carried out
under section 10(1)(c) or (d).)
(c) Sections 37, 39-45 (The management of the affairs, including the finances, of a
resident of an establishment managed by a local authority.) 
13. The Housing (Scotland) Act 2001 
(a) Section 92(assistance for housing purposes) only in so far as it relates to an aid
or adaptation. 
14. The Community Care and Health (Scotland) Act 2002 
(a) Section 4 (The functions conferred by Regulation 2 of the Community Care
(Additional Payments) (Scotland) Regulations 2002 in relation to the provision, or
securing the provision, of relevant accommodation.)
(b) Section 5 (The making of arrangements for the provision of residential
accommodation outside Scotland.)
(c) Section 6 (Entering into deferred payment agreements for the costs of residential
accommodation.)
(d) Section 14 (The making of payments to an NHS body in connection with the
performance of the functions of that body.) 
15. The Mental Health (Care and Treatment) (Scotland) Act 2003 
(a) Section 17 (The provision of facilities to enable the carrying out of the functions of
the Mental Welfare Commission.)
(b) Section 25 (The provision of care and support services for persons who have or
have had a mental disorder) except in so far as it is exercisable in relation to the
provision of housing support services.
(c) Section 26 (The provision of services designed to promote well-being and social
development for persons who have or have had a mental disorder) except in so
far as it is exercisable in relation to the provision of housing support services.
(d) Section 27 (The provision of assistance with travel for persons who have or have
had a mental disorder) except in so far as it is exercisable in relation to the provision
of housing support services.
(e) Section 33 (The duty to inquire into a person’s case in the circumstances specified
in 33(2).)
(f) Section 34 (The making of requests for co-operation with inquiries being made
under section 33(1) pf that Act.)
(g) Section 228 (The provision of information in response to requests for assessment
of the needs of a person under section 12A(1)(a) of the Social Work (Scotland)
Act 1968.)
(h) Section 259 (The securing of independent advocacy services for persons who
have a mental disorder.) 
16. Management of Offenders etc. (Scotland) Act 2005 
(a) Sections 10-11 (Assessing and managing risks posed by certain offenders.) 
17. The Housing (Scotland) Act 2006 
(a) Section 71(1)(b) (assistance for housing purposes) only in so far as it relates to an
aid or adaptation. 
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18. Adoption and Children (Scotland) Act 2007 
(a) Section 1 (Duty of local authority to provide adoption service.)
(b) Sections 4-6 (Local authority to prepare and publish a plan for the provision of
adoption service; local authority to have regard to Scottish Ministers’ Guidance
and; assistance in carrying out functions under sections 1 and 4.)
(c) Sections 9-12 (Adoption support services.)
(d) Section 19 (Local authority’s duties following notice under section 18.)
(e) Section 26 (Procedure where an adoption is not proceeding.)
(f) Section 45 (Adoption support plans.)
(g) Section 47-49 (Family member’s right to require review of an adoption support
plan; cases where local authority under a duty to review adoption support plan
and reassessment of needs for adoption support services).
(h) Section 51 (Local authority to have a regard to guidance issued by Scottish
ministers when preparing or reviewing adoption support plans.)
(i) Section 71 (Adoption allowances schemes.)
(j) Section 80 (Application to court by local authority for the making of a
Permanence Order.)
(k) Section 90 (Precedence of court orders and supervisions requirement over
permanence order.)
(l) Section 99 (Duty of local authority to apply for variation or revocation of a
permanence order.)
(m) Section 101 (Notification requirements upon local authority.)
(n) Section 105 (Notification requirements upon local authority where permanence
order is proposed – relates to child’s father.) 
19. The Adult Support and Protection (Scotland) Act 2007 
(a) Section 4 (The making of enquiries about a person’s wellbeing, property or
financial affairs.)
(b) Section 5 (The co-operation with other councils, public bodies and office holders
in relation to inquiries made under section 4.)
(c) Section 6 (The duty to have regard to the importance of providing advocacy
services.)
(d) Section 7-10 (Investigations by local authority pursuant to duty under section 4.)
(e) Section 11 (The making of an application for an assessment order.)
(f) Section 14 (The making of an application for a removal order.)
(g) Section 16 (Council officer entitled to enter any place in order to move an adult at
risk from that place in pursuance of a removal order)
(h) Section 18 (The taking of steps to prevent loss or damage to property of a
person moved in pursuance of a removal order.)
(i) Section 22 (The making of an application for a banning order.)
(j) Section 40 (The making of an application to the justice of the peace instead of
the sheriff in urgent cases.)
(k) Section 42 (The establishment of an Adult Protection Committee.)
(l) Section 43 (The appointment of the convener and members of the Adult
Protection Committee.) 
20. Children’s Hearings (Scotland) Act 2011 
(a) Section 35 (Child assessment orders.)
(b) Section 37 (Child protection orders.)
(c) Section 42 (Application for parental responsibilities and rights directions.)
(d) Section 44 (Obligations of local authority where, by virtue of a child protection order,
child is moved to a place of safety by a local authority.)
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(e) Section 48 (Application for variation or termination of a child protection order.)
(f) Section 49 (Notice of an application for variation or termination of a child
protection order.)
(g) Section 60 (Duty of local authority to provide information to Principal Reporter.)
(h) Section 131 (Duty of implementation authority to require review of a compulsory
supervision order.)
(i) Section 144 (Implementation of a compulsory supervision order: general duties
of implementation authority.)
(j) Section 145 (Duty of implementation authority where child required to reside in a
certain lace.)
(k) Section 153 (Secure accommodation.)
(l) Sections 166-167 (Requirement imposed on a local authority: review and appeal.)
(m) Section 180 (Sharing of information with panel members by local authority.)
(n) Section 183-184 (Mutual assistance.) 
21. Social Care (Self-directed Support) (Scotland) Act 2013 
(a) Section 5 (The giving of the opportunity to choose a self-directed support
option.)
(b) Section 6 (The taking of steps to enable a person to make a choice of self-
directed support option.)
(c) Section 7 (The giving of the opportunity to choose a self-directed support
option.)
(d) Section 8 (Choice of options: children and family members.)
(e) Section 9 (The provision of information.)
(f) Section 10 (Provision of information: children under 16.)
(g) Section 11 (Giving effect to the choice of self-directed support option.)
(h) Section 12 (Review of the question of whether a person is ineligible to receive
direct payments.)
(i) Section 13 (Offering another opportunity to choose a self-directed support
option.)
(j) Section 16 (The recovery of sums where a direct payment has been made to a
person and the circumstances set out in section 16(1)(b) apply.)
(k) Section 19 (Promotion of the options for self-directed support.) 
22. Carers (Scotland) Act 2016 
(a) Section 6 (Duty to prepare adult carer support plan)
(b) Section 21 (Duty to set local eligibility criteria for carer support)
(c) Section 24 (Duty to provide support)
(d) Section 25 (Provision of support to carers: breaks from caring)
(e) Section 31 (Duty to prepare local carer strategy)
(f) Section 34 (Information and advice service for carers)
(g) Section 35 (Short breaks services statements) 
23. Miscellaneous 
Exercise the foregoing functions of the Council in terms of the following legislation which
relate to the services detailed in Part 1 hereof. 
• Local Government (Scotland) Act 1973
• Local Government (Scotland) etc Act 1994
• Local Government in Scotland 2003
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• Regulation of Care (Scotland) Act 2001
• Equality Act 2010
• Human Rights Act 1998
• UN Convention on the Rights of the Child
• Children (Scotland) Act 1995
• Mental Health (Care and Treatment) (Scotland) Act 2003
• Adults with Incapacity (Scotland) Act 2000
• Children and Young People Act 2014
• Public Bodies (Joint Working) (Scotland) Act 2014 
24. Appointment of: - 
(a) The Chief Officer of the Integration Joint Board in terms of section 10 of the Public
Bodies (Joint Working) (Scotland) Act 2014.
(b) The Chief Finance Officer of the Integration Joint Board appointed in terms of
section 95 of the Local Government (Scotland) Act 1973. 
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Document Control Summary:-
Location: I:\Committee Services\Publications\02 Scheme of Administration
Last Revised: Revised By Nature of Revision
May 2022 AC Created for New Administration
May 2023 AC Changes agreed by full Council on 17 May 2023:
- Reduction in size of Cabinet 
- Clarification in respect of chairing arrangements for Ayrshire
Shared Services Joint Committee 
- Some general rewording and reformatting
September
2024
AC Annual Review with amendments to reflect Firework Control  Zones 
December
2024
AC Changes to reflect changes in the makeup of the Council. 
September
2025
AC Annual Review with amendments to reflect Islands Impact Reviews
- General rewording – with reference to Planning Committee
Delegations: reformatting and removal of duplications identified 
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NORTH AYRSHIRE COUNCIL 
17 September 2025 
North Ayrshire Council 
Title:    Scheme of Delegation to Officers 
Purpose:  To approve the Scheme of Delegation to Officers, one of the
key governance documents regulating the operation of the
Council, its Committees and Officers and to note the
appointment of Statutory officers. 
Recommendation:  That the Council agrees: 
(a) to approve, with effect from 18th September 2025, the
Scheme of Delegation to Officers, attached at Appendix 1;
and
(b) to note the existing Statutory Officers. 
1. Executive Summary 
1.1 This report seeks approval by Council of the Scheme of Delegation to Officers which
regulate the operation of the Council, its Committees and Officers and invites the
Council to note the appointments made to statutory posts. 
1.2 The Scheme has been amended to reflect the re-positioning of remits within
Directorates and Services to reflect organisational structures across the Council. 
2. Background 
2.1 The importance of having governance arrangements that are fit for purpose and up-to-
date is an essential element to the operation of the Council. The Council’s governance
documents are critical in clarifying roles, responsibilities and expected behaviours and
should be reviewed regularly. An annual review of the governance documents has
therefore been undertaken and this report refers to the review of the Scheme of
Delegation to Officers which enables officers to manage and deliver Council services.  
Scheme of Delegation to Officers 
2.2 As powers are given directly to the Council, in turn it needs to decide which powers it
will exercise through its committees, and which powers it will delegate to Officers. 
Officers can only exercise the powers which the Council gives them. The powers
given to Officers are for operational management of services. The Scheme of
Delegation to Officers lists the functions delegated to individual Directors/Executive
Directors, the Head of Democratic Services, the Head of Finance and the Head of
People and ICT Services.  In turn, those officers can delegate these functions to other
officers within their Services.
Agenda Item 9.3
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2.3 As previously, the Scheme of Delegation to Officers provides that any functions which
are not otherwise reserved to Council or committee, will be dealt with by Officers. It
also retains the core provision that delegated powers should not be exercised by
Officers where any decision would represent a departure from Council policy or
procedure or would be contrary to a standing instruction of Council (or committee) or
would itself represent a significant development of policy or procedure. The only
exception to this is in the case of urgency, where the Officer may, after consultation
with the relevant Cabinet Member or Chair of the appropriate committee, exercise
delegated powers.  Should such powers be exercised in urgent circumstances, a
report will be submitted to the next appropriate committee for noting. 
2.4 As recommended by Audit Scotland, the Scheme of Delegation also details the remit
of four Statutory Officers of the Council. These posts, and the officers appointed to
them, are: 
• The Head of Paid Service – Craig Hatton, Chief Executive
• The Monitoring Officer – Aileen Craig, Head of Democratic Services
• The Proper Officer for Financial Arrangements (Chief Financial or Section 95
Officer) – Mark Boyd, Head of Finance; and
• The Chief Social Work Officer – Scott Hunter 
It should also be noted that Allan Finlayson is the Chief Planning Officer appointed in
terms of section 50 Of the Planning (Scotland) Act and that in preparation for the
forthcoming commencement of section 25 of the Education (Scotland) Act 2016,
Andrew Mcclelland is appointed Chief Education Officer. 
2.5 The Scheme of Delegation has been reformatted to reflect changes of team structures
within Directorates. It should be noted that no increased delegation of authority is
contained within the Scheme although specific reference is made to some duties
which already fall within the general delegation of authority to Officers. The existing
financial authorisation levels remain. The main revisals which are proposed to the
Scheme of Delegation to Officers are: 
• General 
o re-positioning of remits within Directorates and Services to reflect
organisational structures;
o rewording, specific reference to some duties which already fall within the
general delegation of authority, updating of statutory references including
removal of references to superseded legislation and formatting of the
document.   
3. Proposals 
3.1 Council is invited: 
(a) to approve, with effect from 18th September 2025, the Scheme of Delegation to
Officers, attached at Appendix 1; and
(b) to note the existing Statutory Officers. 
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4. Implications/Socio-economic Duty 
Financial 
4.1 Approval of the key governance documents is an essential component of the Council’s
financial governance arrangements. 
Human Resources 
4.2 None arising from the recommendations of this report 
Legal 
4.3 Approval of the key governance documents in an essential component of the Council’s
legal and administrative arrangements. 
Equality/Socio-economic 
4.4 None arising from the recommendations of this report. 
Climate Change and Carbon 
4.5 None arising from the recommendations of this report. 
Key Priorities 
4.6 Clear, transparent governance arrangements promote good decision making.  In turn,
this supports the achievement of the Council’s key priorities. 
Community Wealth Building 
4.7 None arising from the recommendations of this report. 
Islands Communities Impact Assessment (ICIA) 
4.8 None arising from the recommendations of this report. 
United Nations Rights of the Child (UNCRC) 
4.9 None arising from the recommendations of this report. 
Consumer Duty 
4.10 None arising from the recommendations of this report. 
5. Consultation 
5.1 Executive Directors and relevant Officers have been consulted in preparation of this
report.   
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Craig Hatton
Chief Executive 
For further information please contact Aileen Craig, Head of Democratic Services, on
01294 324 125. 
Background Papers
0
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Scheme of Delegation to Officers 
Published by Committee Services
North Ayrshire Council
Cunninghame House, Irvine KA12 8EE 
Classification: Public
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Contents 
Section  Page
1 Introduction 1
2 Core Principles 2
3 Delegations to Officers – General Provisions 7
4 Chief Executive 10
5 Head of Service (Democratic Services) 13
6 Head of Service (Finance) 24
7 Head of Service (People and ICT) 28
8 Executive Director (Education) 31
9 Executive Director (Communities and Housing) 36
10 Director (Health and Social Care Partnership) and
Chief Social Work Officer
57
11 Executive Director (Place) 66
12 Duties of Statutory Officers 77 
A - Head of Paid Service 77 
B - Monitoring Officer 78 
C - Proper Officer for Financial Arrangements 80 
D - Chief Social Work Officer 81
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1 
Section 1 – Introduction 
This Scheme of Delegation was approved by North Ayrshire Council on 18 September 2024
and took effect on 19 September 2024 in terms of section 56 of the Local Government
(Scotland) Act 1973 and to meet the requirements of Section 50G (2) of the Local
Government (Scotland) Act 1973. The scheme contains details of those functions both
statutory and non-statutory which the Council has chosen to delegate to Officers. 
This Scheme of Delegation needs to be read and used alongside the Council’s Standing
Orders relating to Contracts, Financial Regulations, Scheme of Administration, and Standing
Orders relating to Meetings which together make up the wider framework of governance
within the Council. North Ayrshire Council’s Code of Governance is based upon the
principles of: 
• Openness;
• Accountability;
• Responsiveness;
• Democracy.
The Scheme of Delegation contributes to the Code of Governance and these fundamental
principles by defining a route for certain decisions enabling the Council to be: 
• Speedy and responsive in taking decisions;
• Efficient – by freeing the formal decision-making structures of the Council to focus on
key strategic decisions which have to be taken under full public scrutiny; and
• Accountable – by holding appropriate employees fully accountable for the
operational decisions they take to ensure the smooth running of the Council.
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2 
Section 2 – Core Principles 
The Council has determined that all powers which are not specifically reserved to Council,
Committee, Sub-Committee, Joint Boards or the Integration Joint Board are delegated to
Officers. The matters reserved to Council or Committees are mainly the strategic policy or
regulatory issues, while the day-to-day operational matters of running the Council’s services
are delegated to Officers. 
Every attempt has been made to list the specific powers which are available to Officers.
However, if a specific power is not mentioned in this Scheme of Delegation, it does not
necessarily mean that Officers cannot exercise that power. Unless it has been specifically
reserved to Council or Committee, the power will still be delegated to Officers. The powers
reserved by Council are detailed in this section. In case of doubt the Chief Executive has
power to determine the Officer to whom the power is delegated. 
2.1 Delegations to Officers 
The undernoted powers are delegated to Officers of the Council: - 
i) The Chief Executive or appropriate Chief Officer will have delegated responsibility for
all matters in respect of the operation, development and implementation of policy for
the service area assigned to them unless specifically reserved to the Council or other
Committees or contrary to the principles listed in 2.2 and 2.3 below, together with such
Statutory Duties as may have been specifically and personally assigned to them. 
ii) The Chief Executive and/or the appropriate Chief Officer will be responsible for the
appointment of all posts below the level of Chief Officer. 
iii) Such delegations are at all times to be exercised in accordance with the relevant law,
and the Council’s Standing Orders relating to Contracts, Financial Regulations,
Scheme of Administration and Standing Orders relating to Meetings and other relevant
policies and procedures. 
iv) Where clarification is required, the Chief Executive will determine which matters are
operational or otherwise. 
2.2 Powers Reserved to Council 
General Issues 
Delegated powers should not be exercised by Officers where any decision would represent
a departure from Council policy or procedure or would be contrary to a standing instruction
of Council (or Committee) or would itself represent a significant development from policy or
procedure. The only exception to this is in the case of urgency where the Officer may, after
consultation with the Chief Executive, Leader, and relevant Cabinet Portfolio Holder or
Convenor of the appropriate Committee, exercise delegated powers. Should such powers
be exercised in urgent circumstances, a report will be submitted to the next appropriate
Committee for noting.
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3 
Specific powers reserved for Council or Committee 
2.2.1 The powers which are reserved to the Council or its Committees are a mixture of those
which must, in terms of statute, be reserved, and those which the Council has, itself,
chosen to reserve. Powers which are not reserved are delegated, in accordance with
the provisions of this Scheme. 
2.2.2 The following is a comprehensive list of what is reserved to the Council or Committee,
categorised as statutory and non-statutory: - 
Statutory Reservations 
(a) To change the name of the Council in terms of Section 23 of the Local Government
(Scotland) Act 1973. 
(b) To appoint the Convener and Depute Convener of the Council and to decide on their
titles, in terms of Section 4 of the Local Government etc. (Scotland) Act 1994. 
(c) To appoint Committees in terms of Section 57 of the Local Government (Scotland) Act
1973. 
(d) To promote and oppose private legislation in terms of Section 82 of the Local
Government (Scotland) Act 1973. 
(e) To set Council Tax in terms of Section 56(6) of the Local Government (Scotland) Act
1973. 
(f) To receive the certified abstract of the Council's annual accounts, in terms of the Local
Authority Accounts (Scotland) Amendment Regulations 1988 and 1997 
(g) The authority’s functions with respect to the borrowing of money. 
(h) To consider reports by the Head of Paid Service made under Section 4 of the Local
Government and Housing Act 1989. 
(i) To consider reports by the Monitoring Officer under Section 5 of the Local Government
and Housing Act 1989. 
(j) To decide whether or not to divide the Council's area into licensing divisions and to
appoint members to the Licensing Board and Local Licensing Forum in terms of the
Licensing (Scotland) Act 2005. 
(k) Approval of the Annual Treasury and Investment Strategy relating to the borrowing of
money by the Council and treasury management. 
(l) The approval of reasons for the non-attendance of Members at meetings in
accordance with Section 35 of the Local Government (Scotland) Act 1973. 
(m) The approval of the Scheme of Member’s Allowances and consideration of the
entitlement of Members to such allowances. Such allowances will be paid in line with the
Local Government (Scotland) Act 2004 (Remuneration) Regulations 2007 and the Local
Government (Allowances and Expenses) (Scotland) Regulations 2007 as amended.
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4 
(n) Any other function or remit which is, in terms of statute or other legal requirement,
bound to be undertaken by the Council itself. 
Non-Statutory Reservations 
(a) To establish such Committees, Sub-Committees, Joint Committees and Joint Boards
as may be considered appropriate to conduct business and to appoint and remove
Conveners, Depute Conveners and Members of Committees and Outside Bodies. 
(b) The raising of money by Rates, Council Tax or Loan. 
(c) The approval annually of the General Services Revenue Budget; 
(d) The approval of the General Services Capital Plan. 
(e) The approval annually of the Housing Revenue and Housing Capital Budgets and the
setting of the level of rents for Council houses held in the Housing Revenue Account. 
(f) The incurring of any net new expenditure not provided for in the estimate of capital or
revenue expenditure. 
(g) Any amendment of the Scheme of Administration regulating the constitution,
membership, functions and powers of Committees of the Council. 
(h) Amendment of the Standing Orders regulating meetings proceedings and business of
the Council and Committees and contracts. 
(i) Any amendment of the Scheme of Delegation detailing those functions delegated by
the Council to its Officers. 
(j) The making of an order for the compulsory acquisition of any land or buildings. 
(k) The appointment of any Chief Officer (other than an Interim Appointment) or the
dismissal of the Chief Executive, Monitoring Officer, Chief Social Work Officer, Chief
Planning Officer, Chief Education Officer or S95 Financial Officer. The voluntary
redundancy or early retirement of any Chief Officer which is not in compliance with the
Council policies on voluntary early retirement or redundancy. 
(l) All matters relating to election of Councillors where these are not the responsibility of
the Returning or Counting Officer. 
(m) To consider matters relating to the fixing or amendment of the Council's geographic
boundaries, its electoral boundaries and wards, or matters relating to the fixing or
amendment of the boundaries of the parliamentary constituencies lying wholly or partly
within North Ayrshire. 
(n) The decision to co-operate or combine with other Local Authorities in the provision of
services other than by way of collaborative agreement. 
(o) The approval or amendment of the scheme for Community Councils. 
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5 
(p) Consideration of Provisional Orders or Private Bills affecting the interests of the
Council. 
(q) The grant of the freedom of North Ayrshire. 
(r) To fix and amend a programme of Council and Committee meetings. 
(s) Any alteration or replacement of the North Ayrshire Integration Scheme; 
(t) Specific functions which are reserved to Council, Committees, Joint Committees
or Joint Boards as detailed in the Scheme of Administration 
(u) To deal with matters reserved to the Council by Standing Orders, Financial
Regulations and other Schemes approved by the Council. 
2.3 General Restrictions on Exercise of Delegated Powers by Officers 
(a)  If any decision proposed under delegated powers might lead to a budget being
exceeded, the Officer must consult with both the relevant Cabinet Portfolio Holder or
Convener of the appropriate Committee, as appropriate, and the Chief Executive or
the Head of Service (Finance), before exercising the delegated power. 
(b)(i) Chief Officers must ensure that the relevant Cabinet Portfolio Holder, is, where 
appropriate, consulted on matters of a controversial nature. Where appropriate, such 
matters should be referred to Council or the appropriate Committee for decision. 
(b)(ii) In particular, and without prejudice to the foregoing, Chief Officers will exercise 
particular care in determining whether a matter is to be regarded as controversial in 
the following circumstances. The Chief Executive will be the final arbiter of whether a 
matter is controversial: -
• Where determination of the issue may involve a decision contrary to local or
national policy, or the determination may lead to a breach of a relevant Code of
Guidance.
• Where it is proposed that any issue be determined contrary to significant objections
or the strong recommendation of Statutory Consultees.
• The Officer proposes to determine the matter, or act in a manner, contrary to the
recommendation of other officers whom he/she is obliged to, or has chosen to,
consult with.
• There are perceived public safety or significant public policy issues dependent on
the determination (save in the case of urgency as aforesaid).
• Standing Orders, National or International regulation requires determination
otherwise.
• There are questions of legality or financial advisability/probity involved. 
2.4 New Legislation and Updating of Powers 
The Scheme may be updated by the appropriate Executive Director notifying the Chief
Executive and the Head of Service (Democratic Services) in writing in advance of the
specific power they wish to exercise and if this is not in conflict with, or contradictory to
any statutory provision, the Council’s Standing Orders, Council Policy or delegation to
another officer, effect may be given to such extension immediately and this Scheme
will be amended accordingly
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6 
2.5 Sub-Delegation 
North Ayrshire Council hereby authorises any Officer with specific delegated powers,
duties or responsibilities referred to within this scheme to delegate further any of these
powers etc. to other appropriate Officers within their service. Any Officer using
delegated powers will be fully accountable to the Council for his/her actions. 
2.6 Interpretation 
In the scheme the following words shall have the meanings assigned to them, that is to
say:
• “Act” means the Local Government (Scotland) Act 1973;
• “1994 Act” means the Local Government Etc. (Scotland) Act 1994;
• “2003 Act” means the Local Government in Scotland Act 2003;
• “2014 Act” means the Public Bodies (Joint Working)(Scotland) Act 2014;
• “Council” means The North Ayrshire Council;
• “Chief Officer” means the Chief Executive, the Executive Directors, the Director of
the Health and Social Care Partnership and Heads of Service all as appointed by
the Council. 
Any reference to any Act of Parliament shall be construed as a reference to the Act of
Parliament as from time to time amended, extended or re-enacted and shall include
any byelaws, statutory instruments, rules, regulations, orders, notices, directions,
consent or permissions made thereunder. Any reference to any statutory instrument,
regulation or order shall be construed as a reference to that instrument, regulation or
order (as the case may be) as from time to time amended, extended or re-enacted. 
Subject to the foregoing provisions of this paragraph, the Interpretation Act 1978 shall
apply to the interpretation of the scheme as it applies to the interpretation of an Act of
Parliament.
2.7 Alteration of Scheme 
Subject to the provisions of the Act the Council shall be entitled to amend, vary or
revoke the scheme from time to time. The financial limits as set by the terms of this
scheme may be reviewed on 1st April each year. 
2.8 Consultation with Chief Executive 
The Scheme of Delegation to Officers as set out in the following sections is at all times
subject to the right of an Officer to consult with the Chief Executive on any matter,
even though it has been specifically delegated to him or her particularly and to a duty
so to consult where instructed or directed by the Chief Executive. 
2.9 Absence of Executive Director 
The Chief Executive is authorised to exercise every power delegated to Executive
Directors and Officers, whether in their absence or otherwise except where (a) part of
a statutory function delegated to that specific Director or Officer or (b) the power
derives from a function delegated by the Council to North Ayrshire Integration Joint
Board.
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3. DELEGATIONS TO OFFICERS - GENERAL PROVISIONS 
The Chief Executive, Executive Directors/Directors and, unless specifically withheld, Heads
of Service will have the following powers delegated to them: - 
3.1 All powers necessary for the general management of the departments or services for
which they are responsible including, but not limited to, the power to: - 
3.1.1 Appoint employees in accordance with Council policy and Standing Orders; 
3.1.2 Authorise special leave for employees in accordance with the provisions of the
Council’s Scheme of Special Leave; 
3.1.3 In consultation with the Head of Service (People and ICT), grant leave of absence with
salary to enable employees to undertake approved part-time courses; 
3.1.4 Authorise employees’ attendance at conferences/seminars and training courses for all
employees; 
3.1.5 Authorise departmental expenditure up to limits permitted in the Standing Orders, on
such items as have been allowed for in the appropriate capital and revenue budgets. 
3.2 To authorise employees to undertake functions delegated to the Executive
Director/Director or Head of Service as may be deemed appropriate and expedient,
provided such employees are suitably qualified. 
3.3 To sign and issue the necessary authorisation to Officers of the Council to exercise
statutory powers including where appropriate the rights to enter land and premises in
connection with the discharge of their duties and any identity cards so required by the
Council. 
3.4 All such other powers as delegated by the Council, a Committee, a Sub- Committee,
the Council’s Standing Orders and Financial Regulations. 
3.5 To authorise and pay for the attendance of individual Members at specific
conferences, seminars, etc. 
3.6 To authorise and pay for the attendance of individual employees at training or
conferences and to authorise and reimburse the professional membership fees of
individual employees 
3.7 To appoint or make recommendations as to the employment of consultants or
specialists in accordance with any decision taken by the Council. 
3.8 To manage and monitor the performance of the services which are under their
responsibility. 
3.9 To assist in the preparation of the Council’s General Services Revenue Budget and
Capital Programme.
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8 
3.10 To take such measures as may be required in emergency situations, subject to
advising the Chief Executive as soon as possible thereafter on any items for which
Committee approval would normally be necessary. This includes any Contract for the
execution of works which are urgently required for the prevention of damage to life or
property. 
3.11 To enter into contracts for the supply of goods and materials, the execution of works
and the provision of services where there is adequate provision in the estimates and in
accordance with the Standing Orders for Contracts or the contract is let in terms of a
framework agreement to which the Council is a party. 
3.12 To sell surplus stores, plant, furniture and equipment, including any IT equipment, for
the best price obtainable and write off any such stores, plant, furniture and equipment
which have become unfit for use and are un-saleable, subject to the Standing Orders
Relating to Contracts and any relevant Council policies. 
3.13 To deal with, and in appropriate circumstances, to approve applications from
employees for reimbursement of reasonable legal expenses, in part or in whole,
incurred in defending any actions raised against them personally, providing they are
acting: - 
(a) Within the course of their employment;
(b) In accordance with Council procedures;
(c) In good faith. 
3.14 To respond to consultation papers unless the response recommends a departure or
significant development of Council policy or procedure or is contrary to a standing
instruction of Council or Committee. 
3.15 To amend the organisational structures of their Services including the number and
designation of posts subject to the following conditions: 
(a) The appropriate portfolio holder(s) has(ve) been consulted if changes are
significant;
(b) The costs of the amendments are within the existing revenue budget and this is
confirmed by the Head of Service (Finance);
(c) The Head of Service (People and ICT) approves the grading, conditions of
service and designation of posts. 
3.16 In accordance with the Council’s approved Disciplinary, Dealing with Work
Performance (Incapability) and Wellbeing @ Work (Supporting Attendance Policy), to
take disciplinary action including dismissal, as appropriate in respect of employees in
their relevant Service; 
3.17 In accordance with the Council’s approved policies as may vary from time to time, to
approve compliant applications for voluntary early retirement, redundancy or early
release subject to the approval of the Head of Service (People and ICT) and the
Section 95 Officer. 
3.18 Action virement within the overall revenue budgets for their Services in accordance
with the Financial Regulations and Codes of Financial Practice subject to confirmation
by the Head of Service (Finance) or representative.
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9 
3.19 To apply for and accept grants or external funding to support the agreed strategies,
policies or plans of the Council, subject to budget being available for any required
match-funding. 
3.20 During a pandemic or other public health emergency when the Appeals Committee is
unable to meet, the Head of Service (People & ICT) and any Chief Officer may deal
with all appeals which would otherwise be heard by the Appeals Committee. This is
subject to such appeals being determined by a senior officer who had no prior
involvement in the case. Power is given to determine such appeals by written
submissions, providing all the rules of natural justice relating to fair hearings are
complied with. 
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DELEGATIONS TO OFFICERS - SPECIFIC PROVISIONS 
4. Chief Executive 
The Chief Executive leads the Executive Leadership Team and has overall responsibility
for the following:- 
• Strategic management of Council services;
• Leadership of Council Employees;
• Strategy and Policy Development;
• Leading Improvement and Organisational Change. 
The following specific functions of the Council are delegated to the Chief Executive:- 
1. To act as Head of Paid Service in terms of Section 4 of the Local Government and
Housing Act 1989. The duties of the Head of Paid Service are detailed in Section 12A. 
2. To act as the principal policy adviser to the Council on matters of general policy and to
assist Members to formulate clear objectives and affordable programmes having
regard to changing political priorities, statutory and financial requirements and
community needs and expectations. 
3. To ensure that a corporate approach to the management and execution of the
Council's affairs is maintained and that advice to the Council is given on a co-
ordinated basis. 
4. To lead the Executive Leadership and Emergency Management Teams. 
5. To monitor the performance of all Chief Officers. 
6. To take such action as may be required to ensure that the correct significance is given
by the Council's employees to the achievement of the overall policy objectives of the
Council. 
7. To give clear direction and ensure the visibility of the office of Chief Executive as the
central focus for leading and co-ordinating the Council's employees. 
8. To advise on staffing requirements. 
9. Subject to the provisions of Council policies and procedures, to determine the
organisation, appointment and proper management of the Council's employees. 
10. In consultation with the Head of Service (People and ICT), to exercise all discretions
available to the Council in terms of the Local Government Pension Scheme
(Administration) (Scotland) Regulations 2018, the Local Government Pension Scheme
(Benefits, Membership and Contributions) (Scotland) Regulations 2009, the Local
Government Pension Scheme (Transitional Provisions) (Scotland) Regulations 2014
and the Local Government (Scotland) Regulations 2015.  
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11 
11. To ensure that effective and equitable employment policies are developed and
implemented throughout all services of the Council in the interests of the authority and
its employees. 
12. To maintain a list of politically restricted posts in terms of the Local Government and
Housing Act 1989; 
13. To authorise the implementation of national and local agreements relating to pay and
conditions of service of employees or Councillors in consultation with the Head of
Service (People and ICT) 
14. To give direction on the applicability of the scheme and where appropriate that any
Officer shall not exercise a delegated function; except where (a) part of a statutory
function delegated to that Director or officer or (b) the power derives from a function
delegated by the Council to North Ayrshire Integration Joint Board. 
15. To consider and deal with any urgent issues, whether arising during a recess period or
otherwise, subject to reporting back to the Cabinet or the appropriate Committee at the
first available opportunity. This power is to be exercised in consultation with the
relevant Chief Officer and the relevant Portfolio Holder and Committee Chair. 
16. During a pandemic or other public health emergency when Council is unable to meet,
and in consultation with all Group Leaders, and an Independent Member nominated by
the Independent Members, and the Monitoring Officer, and if required to enable
effective decision making or otherwise during the emergency, to amend the Standing
Orders for Meetings, the Scheme of Administration, the Scheme of Delegation to
Officers, the Standing Orders for Contracts or the Financial Regulations as is required
to meet the circumstance arising. 
17. To deal, in consultation with the Provost of the Council, with applications for the
patronage of the Council, the use of the Council’s Coat of Arms subject to the
provisions of Lord Lyon King of Arms and for the use of municipal buildings; 
18. To act as the Proper Officer for the following purposes of the Act: 
19. Section 33A Declaration of Acceptance of Office as a Councillor; 
20. Section 34 – Receipt of resignations of Councillors; 
21. Sections 50B, C, D & F – Access to information; 
22. Section 194(1) – Execution of deeds; 
23. Section 50(D) of the Local Government (Access to Information) Act 1985 - "Listing of
background papers for a report to Members". 
24. To undertake the statutory responsibilities of Returning and Counting Officer in respect
of Council and Parliamentary elections, referenda and ballots for Business
Improvement Districts.  
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25. Where urgent, to change the location of a Polling Place and to make any ancillary
changes to the Council’s Polling Scheme which are required to facilitate this. 
26. In an emergency to instruct executive action and incur expenditure on a report from
the appropriate Executive Director on any matter, after consultation with the
Provost/Leader of the Council as appropriate. 
27. To devise, alter and issue, as required, role profiles in respect of Chief Officers and
other officers in accordance with Council duties and functions. 
28. To exercise every power delegated to Executive Directors or Officers except where (a)
part of a statutory function delegated to that Director or Officer or (b) the power derives
from a function delegated by the Council to North Ayrshire Integration Joint Board. 
29. To appoint in the absence of the Chief Executive an Acting Depute Chief Executive
and Acting Head of Paid Service to cover periods of absence. When the Chief
Executive is absent the Acting Chief Executive and Head of Paid Service will have all
the delegated authority of the Chief Executive. 
30. To appoint a Chief Officer on an interim basis. 
31. To refer matters to the Police, in terms of the Council’s defalcation procedure. 
32. To act as Authorising Officer under the Regulation of Investigatory Powers (Scotland)
Act 2000 for all types of authorisations, including the authorisation of a person under
age 18 to act as a covert human intelligence source. To appoint other Officers to act as
Authorising Officers for all such functions except the authorisation of a person under
age 18 to act as a covert human intelligence source. 
33. All powers ancillary to or reasonably necessary for the proper performance of the Chief
Executive’s general responsibilities. 
34. To terminate on behalf of the Council any contract which the Council is entitled to
terminate under appropriate conditions of contract where, after consultation with the
appropriate Chief Officer, the Chief Executive is satisfied that it is in the interests of the
Council to do so. 
35. To support and manage the Director of the Health and Social Care Partnership/Chief
Officer of the Integration Joint Board in the exercise of his or her functions.
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5. Head of Service (Democratic Services) 
The Head of Service (Democratic Services) has overall responsibility for the following
services:- 
• Legal and Licensing Services 
• Democratic Services including Policy, Performance and Democracy and
Council Officers. 
• Communications, both internal and external 
• Civil Contingencies 
• Information Governance 
The Head of Service (Democratic Services) is also appointed to the following
positions and has the following responsibilities: - 
1. To act as the Council’s Monitoring Officer in terms of Section 5 of the Local
Government Housing Act 1989. The duties of the Monitoring Officer are detailed in
Section 12B. 
2. To act as “Proper Officer” and to appoint and designate other Officers of the Council
“Proper Officers” for the purposes of relevant section of the Local Government
(Scotland) Act 1973 in respect of the production of reports; the listing of background
papers; the retention of documents, receipt of notices of any legal proceeding served
on the Council and for the receipt of any notice, order or any other document required
or authorised by any Act to be sent, delivered or served to or upon the Council or to
the Proper Officer and report for the prescribed period and other related matters. 
3. To act as “Proper Officer” and to appoint and designate other Officers of the Council
as Proper Officers for the purpose of Section 193 and 194 of the Local Government
(Scotland) Act 1973 and the Requirements of Writing (Scotland) Act 1995, to sign all
deeds and other documents which require to be signed or sealed and to execute, on
behalf of the Council, such other documents as may be necessary. 
4. To act as “Authorised Officer” together with such members of his/her staff designated
by him/her in terms of the Civic Government (Scotland) Act 1982 to grant non-
contentious applications for licenses in terms of the Civic Government (Scotland) Act
1982 and to be responsible for the administration and control of all relevant licenses
in respect thereof and to issue all notices of suspension or revocation of same as
may be necessary in connection therewith. 
5. To act as Senior Responsible Officer in connection with authorisations for covert
surveillance permitted under Section 6 and 7 of the Regulation of Investigatory
Powers (Scotland) Act 2000 and to maintain a register of use of such. 
6. Receipt of Members’ acceptance of office and resignation in terms of the Act. 
7. Maintenance of the Register of Interests in terms of the Ethical Standards in Public
Life etc. (Scotland) Act 2000.
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8. Undertake amendment of the Scheme of Delegation and Scheme of Administration
as required to take account of new or amended legislation, Council policies and
decisions etc. 
9. To act as Single Point of Contact (SPOC) with Police and to lead the coordination of
the Council’s response to the Protect and Prepare strands of the CONTEST counter-
terrorism strategy 
Legal Services 
10. To engage Counsel, external legal firms and /or Sheriff Officers as may be
appropriate in connection with the Council’s legal business and to appoint
Parliamentary agents as and when they may consider it necessary. 
11. To settle without reference to the Council or its Sub-Committees, claims arising in
terms of statute in respect of compensation following compulsory or voluntary
acquisition or other statutory process provided all the statutory requirements have
been met. 
12. To issue or have issued by other Officers, Statutory Notices and Orders on behalf of
the Council. 
13. Institute, enter into and/or defend proceedings on behalf of the Council. 
14. Negotiate and agree extra judicial settlements in line with budgetary provisions and to
withdraw from legal proceedings, including proceedings before any court, tribunal,
enquiry, regulatory body etc. 
15. In consultation with the relevant Executive Director to settle claims and legal actions
against the Council of whatever nature not otherwise covered by the Council’s
insurance arrangements (and including without prejudice the foregoing generality
planning appeals, employment tribunals and land tribunals) up to a maximum of
£100,000 per individual claim (and to maximum of £500,000 in cases of urgency
subject to consultation with the appropriate Cabinet Portfolio holder and approval by
the Chief Executive) and in addition to agree appropriate fees and expenses in
connection with those settlements. 
16. To settle claims arising in terms of the Land Compensation (Scotland) Act 1973 in
respect of home loss payments following compulsory acquisitions and also to settle
any discretionary payments arising from acquisitions by voluntary agreement
provided that the statutory requirements have been met. 
17. In consultation with the relevant Executive Director, to authorise ex-gratia payments
up to a maximum of £5,000 relative to recommendations by the Scottish Public
Services Ombudsman. 
18. Custody of all titles and standard securities in the Council’s favour. 
19. To implement reports from the Council’s Valuer with regard to leasing of property,
rent reviews and acquisition or disposal of land. 
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20. To investigate complaints in terms of the Council’s whistleblowing procedures. 
21. To have access at any time to any Council premises, offices or premises of
contractors for the purposes of inspecting all documents and interviewing staff (either
employed or contracted) in pursuit of the examination, verification or inspection of any
system operated by the Council or any department thereof and to require the
production of any information in whatever form including disclosure under the Data
Protection Act and to implement changes arising therefrom. 
22. Undertake any acquisition, disposal, lease etc. of property or land on the basis of
terms recommended by the Executive Director (Place) subject to compliance with the
terms of the Council’s Scheme of Administration and Standing Orders relating to
Contracts. 
23. Acquire former Council houses or properties within Housing Action or Regeneration
Areas or more generally to meet a shortfall in housing supply in accordance with
Council policy upon terms agreed by the District Valuer, or at the Home Report
Valuation prepared by a suitably qualified Chartered Surveyor registered with the
Royal Institute of Chartered Surveyors 
24. Authorise the amount of Home Loss Payment and Disturbance Allowance in respect
of eligible properties, on terms recommended by the District Valuer. 
25. Set and revise periodically all fees for legal services. 
26. Formation, acquisition and dissolution of companies, whether limited by guarantee or
shares, Scottish Charitable Incorporated Organisation, Trusts, Partnerships or
Limited Liability Partnerships or other legal body as required. Provided that this shall
not include authority to form an offshore company for reasons of tax efficiency or
avoidance. 
Licensing Services 
27. To make suitable arrangements for the appointment of a Clerk and Depute Clerk(s)
and for the provision of support to North Ayrshire Licensing Board in terms of the
Licensing (Scotland) Act 2005. 
28. To exercise licensing or registration functions of the Council in terms of the following
legislation and in conformity with Council or Licensing Board policies: - 
• Performing Animals (Regulation) Act 1925
• Pet Animals Act 1951
• Caravan Sites and Control of Development Act 1960
• Animal Boarding Establishments Act 1963
• Riding Establishments Acts 1964 and 1970
• Theatres Act 1968
• Breeding of Dogs Act 1973
• Dangerous Wild Animals Act 1976
• Zoo Licensing Act 1981
• Civic Government (Scotland) Act 1982
• Cinemas Act 1985
• Breeding and Sale of Dogs (Welfare) Act 1999
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• Antisocial Behaviour etc. (Scotland) Act 2004, Part 8 (Landlord Registration)
• The Fireworks (Scotland) Regulations 2004
• Housing (Scotland) Act 2006, Part 5 (HMO Licensing)
• Animal Health and Welfare (Scotland) Act 2006
• The Licensing of Animal Dealers (Young Cats and Young Dogs) (Scotland)
Regulations 2009.
• The Licensing of Relevant Permanent Sites (Scotland) Regulations 2016
• The Civic Government (Scotland) Act 1982 (Licensing of Short-Term Lets) Order
2022 No. 32. 
29. To Grant an Application for any Licence where:- 
(a) the Applicant has no more than two Minor Penalties;
(b) there are no objections or adverse representations; and
(c) the officer is not aware of any possible grounds for refusal (e.g. 1982 Act,
Schedule 1, Paragraph 5(3)). 
30. To Grant an Application for the Renewal of any Licence where: 
(a) the Applicant has no more than two Minor Penalties in the period between the
previous decision to Grant or Renew the Licence etc. and the receipt by the
Council of the Renewal Application; and
(b) There are no objections or adverse representations; and
(c) The Officer is not aware of any possible grounds for refusal (e.g. 1982 Act,
Schedule 1, Paragraph 5(3)). 
31. To determine all questions arising under the Licensing Acts, and to exercise all the
functions of the Local Authority under those Acts, except decisions to refuse an
Application for the Grant or Renewal, or (except where delegated) suspension of a
Licence. 
32. To carry out all the Council's functions, and to exercise all the Council's powers, as
Licensing Authority in relation to Civic Government (Scotland) Act 1982, Section 19
(Taxi Stances), and in particular the powers to: - 
(a) appoint a Stance (Section 19(1));
(b) Vary the number of Taxis permitted at a Stance (Section 19(3));
(c) alter the position of a Stance (Section 19(3));
(d) revoke the appointment of a Stance (Section 19(4));
(e) erect and illuminate signs indicating the limits of Taxi Stances (Section
19(2)(a)); and
(f) cause lines or marks to be made on roads indicating the limits of Taxi Stances
(Section 19(2)(b)).  
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33. Section 84 Antisocial Behaviour (Scotland) Act 2004: To Grant an Application for
Registration of a Landlord or Agent if:- 
(a) there are no more than two Minor Penalties;
(b) in the opinion of the Officer none of the considerations described in Section 85
(factors relevant to the decision whether or not a person is a 'fit and proper'
person) exist; and
(c) there are no objections or adverse representations. 
34. Section 84 Antisocial Behaviour (Scotland) Act 2004: to Refuse an Application for
Registration where the Applicant has failed:- 
(a) to satisfy the Officer that he is a 'fit and proper' person,
(b) to respond to reasonable inquiries within 14 days after the date on which the
Council received the Application or notice of the Application via the Scottish
Government website. 
35. Section 88(3) Antisocial Behaviour (Scotland) Act 2004: To make a determination
that an Agent or proposed Agent is a 'fit and proper person' to act for a Registered
Person if:- 
(a) there are no more than two Minor Penalties, and
(b) in the opinion of the Officer none of the considerations described in Section 85
(factors relevant to the decision whether or not a person is a 'fit and proper'
person) exist. 
36. Where it appears to the Officer that any offence under the Act is being or may have
been committed, to inform the Procurator Fiscal or Police. 
37. Section 94 Antisocial Behaviour (Scotland) Act 2004: to serve a Notice (commonly
called a 'Rent Penalty Notice' (RPN)) where: - 
(a) it appears to the Officer that the conditions specified in Sections 94(2) (a) to (c)
(the conditions for serving an RPN) are satisfied, and 
(b) where the Council has written to the relevant person inviting him to apply for
Registration and 14 days have elapsed from the date of that letter without
either: 
(i) the relevant person having made an Application for Registration, or
(ii) the Officer being satisfied that the relevant person does not require to be
registered, because either: 
(1) he does not fall within the definition in Section 1(8) (a person who is
none of: a Local Authority, a registered social landlord, or Scottish
Homes);
(2) he is entitled to one of the exemptions in Section 1(6) (as extended
by Regulations); or
(3) the house is either unoccupied or is occupied by a person who is a
member of the family of the relevant person (and is therefore not an
“unconnected person”).
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38. Section 95 Antisocial Behaviour (Scotland) Act 2004: To Revoke a 'Rent Penalty
Notice' where it appears to the Officer that the conditions specified in Sections 94(2)
(the conditions for serving an RPN) were not satisfied when the Notice was served or
are not or are no longer satisfied. 
39. To amend the Register where appropriate (for example, under Section 88(8)
Antisocial Behaviour (Scotland) Act 2004, if the Council determines that a proposed
Agent is not 'fit and proper', the Council is obliged to remove the Registered Person
(the Landlord) from the Register). 
40. To determine all questions arising under the 2004 Act, and to exercise all the
functions of the Local Authority under the 2004 Act, except: 
(a) Section 84: To refuse an Application for entry to the Register, or for renewal or
amendment of a Registration;
(b) Section 88(3): To make a determination that an Agent is not a 'fit and proper
person' to act for a Registered Person;
(c) Section 89: To remove the Registration of a person. 
41. To refer the case to the Committee for consideration of the exercise of those
reserved powers where in the opinion of the Officer any of the considerations
described in Section 85 Antisocial Behaviour (Scotland) Act 2004 (factors relevant to
the decision whether or not a person is a 'fit and proper' person) may exist. 
42. To exchange information with other Departments of the Council and external
agencies relating to:- 
(a) the operation of the Antisocial Behaviour (Scotland) Act 2004 and any register
or records held by the Council for the purpose of administering the Landlord
Registration Scheme;
(b) the conduct of landlords, agents and occupiers in relation to housing law and
anti-social behaviour;
(c) the payment of Benefit to any of those persons;
(d) convictions and judgments affecting any of those persons. 
43. To request any Applicant or Registered Person (including an Agent), to supply
documents or information (e.g. a Disclosure Scotland Certificate or a document from
a Court or Tribunal evidencing a determination) so that the Officer might determine
whether or not to exercise any powers conferred in this Scheme of Delegation. 
44. Section 97A (Power to obtain information) Antisocial Behaviour (Scotland) Act 2004:
To serve a notice requiring the owner, occupier or agent to state: - 
(a) confirmation of the nature of that person’s interest in the house;
(b) the name and address of any other owner, occupier or agent (and
information about any relationship between them);
(c) such other information relating to the house or person which is reasonably
requested. 
45. To exercise the delegations in Part 3 of the Housing (Scotland) Act 2006.  
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46. Section 129A Housing (Scotland) Act 2006: To refuse an Application without further
consideration due to breach of planning control. 
47. To make an Order under Section 144 of the Housing (Scotland) Act 2006 (commonly
called ‘a Rent Suspension Order’) against the owner of an unlicensed HMO where
the Officer is satisfied that the statutory criteria exist. 
48. To revoke such an Order when the HMO is licensed, or the Council is satisfied that
the accommodation does not need a Licence. 
49. Sections 142 & 143 of the Housing (Scotland) Act 2006: To make (without conditions)
a Temporary Exemption Order (Decisions to attach conditions, revoke, or extend a
TEO are not delegated). 
50. Section 186 of the Housing (Scotland) Act 2006 ("Power to obtain information etc."):
To exercise the Local Authority's powers to serve Notice on the owner, occupier or a
person who receives rent, directly or indirectly, requiring that person to state in
writing: 
(a) the nature of his interest in the land or premises,
(b) the name and address of any other person having such an interest, and
(c) any other information which is reasonably requested (including the relationship
(if any) between the recipient of the Notice and any other occupants. 
51. The following delegated authorities under the Civic Government (Scotland) Act 1982
are to be exercised after consultation with the Licensing Committee Convenor, whom
failing the Vice-Convenor, whom failing any Member of the Licensing Committee: - 
(a) Schedule 1 Paragraph 8(5A) Civic Government (Scotland) Act 1982: Late
Renewal- to make a determination that an Application for the Renewal of a
Licence should, or should not, be deemed an application made before the
expiry;
(b) Schedule 1 Paragraph 9(2) Civic Government (Scotland) Act 1982: material
change in the licensed premises - authorised to grant or refuse consent;
(c) Schedule 1 Paragraph 12 Civic Government (Scotland) Act 1982: Emergency
Suspension - authorised to suspend a Licence under Paragraph 12, of
Schedule 1 for six weeks or (if earlier) until the commencement of the 'Ordinary'
Suspension hearing.
(d) Sections 42(5) and 42(6) of the Civic Government (Scotland) Act 1982
(Exemption from the need to hold a Late Hours Catering Licence): after
consultation with the Chief Constable, to grant an Exemption Certificate:
(a)  in respect of any particular occasion; or
(b)  during a specified period not exceeding 2 months in any period of 12 months;
and to attach any conditions that the officer thinks fit. 
52. To exercise functions of the Council relating to Public Charitable Collections in
conformity with Council policies.  
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53. Public Charitable Collections under Civic Government (Scotland) Act 1982, Section
119 - authorised in respect of a particular Collection: - 
(a) To permit a temporary departure from Committee Policy as to the dates and
hours of a Collection;
(b) to permit a Collection in an area notwithstanding that another Permission has
been granted or an Exempt Promoter has notified the Council of its intention to
collect in the same area; or
(c) to vary conditions attached to the Permission under Section 119(5). 
This authority is to be exercised after consultation with the Licensing Committee
Convenor, whom failing the Vice-Convenor, whom failing any Member of the
Licensing Committee. 
54. Attach such conditions as are deemed appropriate to any licence. 
55. Determination of applications for the display of signs and advertisements on private
hire cars and taxis. 
56. To consider and determine notifications of marches and processions in conformity
with Council policies. 
57. To determine for the purposes of the foregoing Licensing delegations, the definitions
of ‘Minor Penalty’, ‘Disposal’, ‘Excluded Disposal’ and ‘Excluded Offences’. 
58. During a pandemic or other public health emergency, when the Licensing Committee
is unable to meet, to determine any applications, suspensions, revocations or other
business which would normally require a determination by, or a hearing before the
Licensing Committee, provided the rules of natural justice, namely a right to a fair
hearing, can be satisfied. 
59. To exercise powers under paragraph 10(1) of Schedule I of the Civic Government
(Scotland) Act 1982 to vary the terms of a licence. 
60. To establish and operate a system for licensing of short-term lets in accordance with
the Civic Government (Scotland) Act 1982 (Licensing of Short-Term Lets) Order 2022
No. 32 
Democratic Services 
61. Appoint suitable persons to the Panel of Curators in terms of the Children (Scotland)
Act 1995. 
62. Revise periodically the fees payable to Curators. 
63. Determining rights of access to Council documents Councillors and members of the
public disclosing exempt information in terms of the Local Government (Access to
Information) Act 1985. 
64. Act as Clerk to the Children’s Panel Advisory Committee in terms of the Social Work
(Scotland) Act 1968, as amended.
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65. Approve the Constitution, Standing Orders and other related documents of
Community Councils in accordance with the Scheme of Establishment of Community
Councils adopted by North Ayrshire Council. 
66. Adjust as necessary the calendar of meetings and holidays in consultation with the
Provost and Leader of the Council, as appropriate. 
67. To provide assistance to Councillors by provision of appropriate accommodation,
secretarial assistance, training and library facilities etc. 
68. To act as advisor to the Council on procedural and administrative matters and to
ensure the provision of adequate administrative and other support for Council and its
Committees and other bodies in respect of which the Council is the lead authority. 
69. In consultation with the appropriate Executive Director to submit comments to the
Scottish Public Services Ombudsman and the Pensions Ombudsman into alleged
maladministration. 
70. To make arrangements for the opening and witnessing of all tender returns in excess
of £50,000, recording the date and time of receipt in accordance with the Council’s
Standing Orders relating to contracts. 
71. To determine whether Petition or deputation requests comply with the requirements
of Council Standing Orders. 
72. To deal with all applications or requests relating to civic receptions, opening
ceremonies and any other ceremony, subject to consultation with the Provost. 
73. To deal with requests for the grant of civic hospitality etc to any official delegations,
groups and visitors to North Ayrshire and the presentation of suitable mementoes. 
74. To act as the Proper Officer in terms of the Local Government (Access to
Information) Act 1985 for the purposes of determining prior to a meeting whether
documents should be made available to the public. 
75. To carry out the functions of the Council under the Adults with Incapacity (Scotland)
Act 2000 including those relating to Intervention Orders, access to funds and
Guardianship Orders. 
76. To provide such support and assistance as the Returning or Counting Officer may
request in relation to elections, Business Improvement Districts or referenda. 
77. To prepare the polling scheme for North Ayrshire and to alter or amend polling places
in the event of an approved place becoming unavailable or unviable, e.g. through fire
or flood or some other circumstance. 
78. To manage the Council’s arrangements for town twinning, including visits to or by
other towns or areas with which the Council is twinned. 
79. To manage the booking of the Council Car. 
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80. Maintenance of the Register of Disclosure of Interests in terms of the Ethical
Standards in Public Life etc. (Scotland) Act 2000. 
81. To support civic functions and festivals such as the Provost’s Awards, Marymass,
and the Viking Festival. 
82. To provide support and assistance to Community Councils. 
83. To manage the Ayrshire Area Support Team shared service, and as part of this to
support the appointment process and training of members of Children’s’ Panels. 
Policy and Performance 
84. Support for the development of corporate policy for the Council, 
85. Gathering and analysis of demographic, performance and other data relating to North
Ayrshire, its neighbourhoods, and its partners. 
86. To manage and administer the Council’s corporate performance planning, monitoring
and continuous improvement arrangements including those relating to the Council
Plan, the annual Council Plan Delivery Plan, the Council Plan Performance
Framework and the Public Performance Report. 
87. To co-ordinate the gathering and analysis of corporate data, performance or
benchmarking information and any returns or other information relating to such
performance information. 
88. To support and coordinate Council entries for awards. 
89. To support and coordinate Council corporate assessment for the European
Foundation of Quality Management, Public Sector Improvement Framework or
Recognised for Excellence or other quality systems. 
90. Act as the Council’s representative for functions of the Registrar General for Scotland
as regards statistics and Census. 
91. To support functions of the Council relating to health improvement of Council
employees. 
92. To develop policies and procedures and otherwise to help ensure the Council
complies with its duties under the Equalities Act, The United Nations Convention on
the Rights of the Child, the Fairer Scotland Duty and the island-proofing requirements
of the Islands (Scotland) Act 2018. 
Communications 
93. To authorise the issue of all publicity and promotional material related to the Council. 
94. To maintain good internal and external public relations. 
95. To issue publicity to promote the Council’s interests and to issue appropriate
releases to press and social media, or other forms of publicity on behalf of the
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Council. 
96. To manage, maintain and make procedures relating to social media sites kept by the
Council. 
97. To deal with press enquiries and responses on behalf of the Council. 
98. To authorise corporate branding material including logos etc to be used on behalf of
the Council. 
99. To undertake internal communications with Council employees and to provide
policies to promote internal communication. 
100. To produce marketing materials on behalf of the Council. 
101. To manage and support requests to film on Council owned land and to support the
effective planning of events in North Ayrshire by ensuring effective liaison with
relevant partners. 
Information Governance 
102. To undertake the Council’s duties relating to records management, the Records
Management Plan and to maintain and manage a records management store. 
103. To provide support and assistance to services in responding to requests under the
Freedom of Information (Scotland) Act 2002. 
104. To provide support and assistance to Council services to enable them to comply with
duties under the Data Protection Act 2018, and the General Data Protection
Regulations (GDPR) and to assist them to deal with requests for the release of
personal data. 
105. To oversee the Data Protection impact process of any contract being tendered for
services, including provision of ICT or CCTV. To develop protocols for the filing and
retention of Council information. 
106. In consultation with the appropriate Executive Director to submit comments to the
Scottish Public Services Ombudsman and the Pensions Ombudsman into alleged
maladministration. 
107. To manage the Council’s Customer Complaints procedures 
108. To determine reviews lodged under the Freedom of Information (Scotland) Act 2002. 
Civil Contingencies 
109. To review the performance and support the delivery by South Ayrshire as lead
authority, of the Ayrshire Civil Contingencies Team shared service. 
110. To exercise functions relating to civil contingencies, including identification of
potential contingencies, civil contingency planning and communication, liaison with
external bodies and putting in place arrangements to deal with contingencies.
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6. Head of Service (Finance) 
The Head of Service (Finance) has overall responsibility for the functions of Finance,
Treasury Management, Procurement, Revenues, Health and Safety, Risk & Insurance,
Transformation and Audit and Fraud. 
Audit and Fraud 
1. To undertake internal audit of Council systems, procedures and practices and to
investigate complaints or issues raised with Internal Audit. To provide policies,
procedures and guidance relating to audit, fraud, bribery and defalcation. 
2. The taking of measures designed to deter fraud, investigation of cases of suspected
fraud, the taking of action to recover assets and monies lost through fraud and any
action required against those responsible. 
3. The taking of measures designed to deter bribery, the investigation of cases of
suspected bribery, and all actions to comply with the terms of the Bribery Act 2010. 
4. In relation to Internal Audit work being carried out, the Senior Manager (Audit, Fraud,
Safety, Risk and Insurance) and any member of the Internal Audit section has the
authority to: - 
• Enter at all reasonable times and without notice any premises or land of the
Council, provided that where such premises or land are leased to a third party the
terms of the lease are observed;
• Have access to, and remove, all records (both paper and electronic), documents
and correspondence within the possession or control of any officer of the Council,
relating to any transactions of the Council;
• Be provided with a separate log-in to any computer system within the Council and
have full access to any system, network, personal computer or other device in the
ownership of the Council;
• Require and receive explanations concerning any matter under examination from
any employee, including Chief Officers, and request such explanations from any
elected member;
• Require any employee of the Council to produce cash, stores or any other
Council assets under their control. 
Insurance and Health and Safety 
5. Ensuring that the Council has adequate insurance arrangements are in place. 
6. Support and assistance to Council services to enable them to comply with duties under
the Health and Safety at Work Act 1974 and other legislation relating to health and
safety. 
7. To be the primary point of contact with the Health and Safety Executive in matters
relating to the health and safety of Council premises or services. 
Finance 
8. Be the Proper Officer for the financial affairs of the Council in terms of Section 95 of
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the Act. The responsibilities of the Proper Officer for Financial Arrangements are set
out in Section 12C. 
9. Produce, and regularly review the Financial Regulations of the Council and any Codes
of Financial Practice made thereunder. 
10. Ensure that proper systems of accounting are maintained throughout the Council and
that Services comply with Council policy, legislation, financial regulation and codes of
financial practice issued thereunder. 
11. Prepare and monitor revenue and capital budgets for General Services, the Housing
Revenue Account and any other funds provided to the Council in accordance with the
Financial Regulations. 
12. To be the primary point of contact with external audit and provide
support, information and recommendations to external auditors. 
13. The provision of financial services to other bodies, organisations, etc. subject to a
charge being made where appropriate. 
14. Authorise disposal or write-off of surplus materials, stores, or equipment where the value
does not exceed £10,000. 
15. Determine Home Loan Applications and implement amendments to interest rates
for the Home Purchase Loans. 
16. In consultation with the appropriate Executive Director, up to a maximum of £100,000
and in conformity to any approved policy, authorise the transfer of approved estimates
from one head of expenditure to another, within a Service estimate, unless it is
considered to materially affect the approved budget, in which case authorisation of the
Council will be sought. 
17. To agree in consultation with the Executive Director (Communities & Housing) to
awards of grant or other disbursements from common good or trust funds which spend
capital of the fund in excess of annual revenue, having regard to whether this would be
likely to promote the objectives of the fund through maximising the amount spent to
promote its objectives and minimising administration costs. 
18. In respect of Non-Domestic Rates, to act as the Proper Officer in terms of the
appropriate legislation for all administrative purposes including: - 
• Arranging the preparation and issue of rates notices, the collection of rates, the
receiving and settling of claims for exemption from rates, the handling of
objections to the amount of rates levied, and the abatement, remission or
repayment of rates under the various rating provisions.  
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• To enter into arrangements with neighbouring Councils and others concerning
the collection of rates, or Council Tax on behalf of the Council and to make
arrangements with each agent as to suitable collection points. 
19. To bill and collect sundry income for the Council 
20. Rent collection and accounting, arrears recovery and collection of other
miscellaneous charges. 
21. The preparation and issue of Council Tax Notices 
22. To make the necessary arrangements concerning terms and commissions payable
for services rendered to the Council by other agents with regard to the collection of
rates, and/or other Council Tax, and the administration of any Council reduction or
discount schemes etc. 
23. To enter into arrangements with Scottish Water for the collection of water and waste
water charges with Council Tax, and to negotiate appropriate terms and commission
with the Water Authority in relation to the services rendered by the Council and its
agencies 
Treasury Management 
24. Act as the Proper Officer for the purposes of Section 92 of the Act relating to the
transfer of securities. 
25. Make the necessary arrangements for duly authorised borrowing and lending in terms
of Section 165 of the 1994 Act 
26. Act as Proper Officer in terms of Sections 92, 193(1) and 194 of the Act for the signing
of all stock certificates, bonds and mortgages. 
27. Act as Registrar of Stocks, Bonds and Mortgages. 
28. Borrow and invest monies as required for the purposes of the Council’s Treasury
functions (within the terms of the Council’s Treasury and Investment Policy) and
perform Debt Rescheduling as appropriate. 
29. Make payments by cheque or another instrument. 
30. Authorise the signature of cheques and other appropriate financial documentation on
behalf of the Council 
31. Write off debts if satisfied that they cannot reasonably be recovered. 
Procurement 
32. To undertake procurement functions for the Council including entering into contracts and
framework agreements, utilising central purchasing arrangements, preparation of advice
and policies relating to procurement and support and assistance to Council services in
undertaking procurement.
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Risk and Business Continuity 
33. Ensure adequate risk management arrangements are in place throughout the Council. 
34. To exercise functions relating to the identification, planning and mitigation of risks
affecting the Council. 
35. Duties relating to business continuity, including identification of issues, business
continuity planning, liaison with Council services and external bodies and putting in place
arrangements to deal with business continuity issues 
Transformational Change 
36. To support service reform and manage and support transformational change throughout
Council and its services in consultation with the relevant Executive Director. 
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7. Head of Service (People and ICT) 
The Head of Service (People and ICT) has overall responsibility for the functions of People
Services (including Human Resources, Learning & Organisational Development, Payroll,
Employee Resourcing), ICT and Customer Services. 
Customer Services 
1. To provide all services in respect of the duties of the Council in respect of the
registration of births, deaths and marriages, citizenship ceremonies, Tell Us Once, civil
ceremonies and to provide a registration family history searching facility. 
2. To develop and manage all customer contact channels and to manage emergency
telephone helplines. 
3. Administer the Education Maintenance Allowance, School Clothing Grants and the
National Entitlement Card. 
4. Ingather all monies due to the Council in relation to Housing Benefit overpayments and
enforce payment thereof. 
5. In respect of Council Tax, to act as the Proper Officer in terms of the appropriate
legislation for all administrative purposes including:- 
• The collection of Council tax, the handling of objections to the assessments and
the exemption, abatement, or remission of charges. 
• To enter into arrangements with Communities Scotland etc. in accordance with
Schedule 2 of the Local Government Finance Act 1992, to administer Council
Tax Reduction and discounts on behalf of the Council for all those residents in
the housing authority’s property. 
6. To administer the Scottish Welfare Fund on behalf of the Scottish Government 
7. To administer a council tax reduction scheme on behalf of the Scottish
Government. 
8. To Administer the Discretionary Housing Payment on behalf of the Scottish
Government. 
9. To support the delivery of Universal Credit in North Ayrshire in accordance with the
Department of Work and Pensions Delivery Partnership Agreement. 
People Services
10. To carry out all matters relating to staffing, recruitment, promotion and transfer within
the Council’s policy and apply the pay grading and conditions of service as agreed by
the Council in respect of their employees.
11. Develop, amend and issue, as required, role profiles in respect of Chief Officers and
other officers in accordance with Council duties and functions.
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12. Manage the recruitment of Chief Officers and act as adviser to the Staffing and
Recruitment Committee. 
13. To supervise and, so far as necessary, administer the Council’s Corporate Human
Resources Policies and Procedures. 
14. Develop and maintain human resources policies and procedures. 
15. Authorise employee terms and conditions associated with Council Policies and
Procedures, Appeals, Health, Safety and Wellbeing, National Agreements and
Pension Regulations (Special Leave, Recruitment and Selection, Dignity at Work,
Annual Leave, Discipline and Grievance, etc). 
16. To investigate complaints in terms of the Council’s Whistleblowing procedures. 
17. Develop and nurture working relationships with Trade Unions to support a stable
employee relations climate. 
18. Contribute to the effective operation of the Council’s Appeals Committee, Joint
Consultative Forum and the Local Negotiating Committee for Teachers. 
19. To undertake on behalf of the Council negotiations and discussions with Trade Unions
and other employee organisations concerned with the interests of Council employees. 
20. To implement national pay awards and amendments to national and local rates of
travel, subsistence and other allowances. 
21. To apply all matters which conform to the national conditions of service and local
conditions of service of all categories of employees of the Council. 
22. After consultation with the appropriate Executive Director to approve the acceleration
of increments within existing salary scales. 
23. In consultation with the appropriate Executive Director to approve applications for the
termination of employment on medical grounds where such recommendations are
made by the Council’s Occupational Physicians. 
24. To pay salary and wages and make associated arrangements for payment of Council
paid employees in accordance with statutory requirements. 
25. Following consultation with appropriate Executive Director to provide to the Local
Government Adjudicator for Scotland on behalf of the Council, certificates required for
the purposes of Section 3(3) of the Local Government and Housing Act 1989 in
relation to exemption of post from political restrictions. 
26. To co-ordinate the Council’s arrangements and ensure compliance with relevant
legislation to PVG Scheme/Disclosure Scotland. 
27. To manage and support the Council’s policies and procedures on absence at work and
to enter into arrangements for the provision of an Occupational Health service,
counselling or other services to support employees. 
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28. Enter into agreements and deliver human resources services to other bodies. 
29. To design and deliver or arrange for the delivery of training to Council employees, and
Councillors. 
30. Contribute to organisational development interventions as required. 
ICT 
31. Review and provision technology solutions appropriate to the needs of the Council. 
32. Ensure technology solutions and usage are optimised to maximise the value to the
Council. 
33.  Develop, maintain and implement the ICT asset management plan and inventories for
the purpose of insurance, compliance, audit control and licensing. 
34. Ensure Council technology solutions are aligned to the Digital Strategy, Technology
Strategy, and where appropriate other Council plans and strategies. 
35. Review and authorise ICT contracts as appropriate ensuring, in conjunction with any
Procuring Service and the Data Protection Officer, that when tendering for contracts,
an appropriate Data Protection Impact assessment is in place. 
36. Deliver security technologies, processes and controls which will support technical
innovation while protecting systems, networks, and information from cyber-attacks. 
37. Develop and implement the Council’s Technology Strategy. 
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8.  Executive Director (Education) 
The Executive Director of Education has overall responsibility and delegated authority to
deliver the following:- 
• Education Service, in terms of the specific delegations set out in this document, and
through the relevant committee frameworks also set out here, with regard to: 
• The strategic leadership of the functions of the Council as Education Authority,
including policy, planning and service re-design to achieve the aims set out in the
Council Plan and statutory Annual Education Plan.
• The delivery of mainstream and specialist education through schools, centres and a
range of additional support needs provisions, to meet the needs of children and
young people at early learning and childcare, primary and secondary stages.
• Strategic oversight and direction of: the curriculum; learning and teaching;
assessment and qualifications; quality improvement and performance management.
• The provision of an educational psychology service.
• Strategic oversight and direction of workforce development and professional
learning.
• Strategic oversight and direction of the Local Negotiating Committee for Teachers
and the Joint Consultative Committee for Education.
• In partnership with the Director of the Health and Social Care Partnership, the
strategic oversight and direction of the Children’s Services Strategic Plan, child
protection and safeguarding for all children and young people within the area of the
Council.
• The provision of Facilities Management support including:
 The delivery of meals to Early Years, primary schools and secondary
schools.
 Provide milk and a healthy snack for Early Years children in
accordance with the Milk and Healthy Snack Scheme (Scotland)
Regulations 2021;
 Ensuring that the menu options meet the requirements of the
Nutritional Requirements for Food and Drink in Schools (Scotland)
Regulations 2020;
 Following “Setting the Table” guidance for Early Years settings;
 Providing trained support and advice to develop specific menu options
for pupils with special diets (medical, religious, cultural etc);
 Consult with pupils and parents/carers on menu development and
publish agreed menus on the website;
 Promotion of school meals and encourage the uptake of healthy
choices in school settings;
 Management of cashless catering and online payments systems in
relation to the provision of school meals;
 Lead the communication with parents/carers for the registration of new
pupils onto the cashless catering and online payments systems;
 Manage the distribution of holiday meals funding for those entitled to
free school meals on the basis of low income;
 Cleaning of all educational settings to ensure learning environments
are safe and hygienic;
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 Provision of janitorial/cleaning/facilities staff to ensure the smooth
running of the Early Years setting or school including opening, closing
and securing the building;
 Management of assets, cleaning equipment and stock;
 The provision of free period products across educational settings in
compliance with the Period Products (Free Provision) (Scotland) Act
2021; and
 Support the work undertaken in the Council’s Child Poverty Action
Plan. 
• Schools including Curriculum; Learning and Development; Pupil Equity Fund,
Attainment Fund, Educational ICT; Performance and Improvement; Professional
Development; educational improvement and Service Redesign 
• Children and Young Peoples’ Services including Integrated Children’s Services
Planning; the Child Poverty Strategy; Early Years Psychological Services and Additional
Support for Learning; Inclusion; Parental Engagement; Youth Employment and Service
Redesign 
The Executive Director of Education has delegated authority as follows: 
Generally 
1.  To exercise the functions of the Council as Education Authority in terms of the relevant parts            
of the following primary legislation and any subsequent, secondary or similar legislation            
replacing or expanding existing Acts pertaining to the provision of education services: 
• Education (Scotland) Act 1980 as amended
• The Self-Governing Schools (Scotland) Act 1989
• Education and Training (Scotland) Act 2000
• Standards in Scotland’s Schools etc. Act 2000
• Regulation of Care (Scotland) Act 2001
• Education (Disability Strategies and Pupils’ Educational Records) (Scotland) Act
2002
• Schools Education (Amendment)(Scotland) Act 2002
• Education (Additional Support for Learning) (Scotland) Act 2004
• School Education (Ministerial Powers and Independent Schools) (Scotland) Act
2004
• Scottish Schools (Parental Involvement) Act 2006
• Schools (Consultation)(Scotland) Act 2010 
Specifically 
2     To discharge the duty of the Council as Education Authority to ensure adequate and             
efficient provision of school education in terms of sections 1-14 of the 1980 Act and             
sections 1-2 of the 2000 Act and in accordance with approved Council policy.      
3     To discharge the duty of the Council as Education Authority to secure improvement in the             
quality of school education and to publish annual plans and reports in that regard, in terms             
of sections 3-7 of the 2000 Act and sections 1-6 of the 2016 Act.
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4      To implement the principle of the presumption set out in section 15 of the 2000 Act that
education be provided in mainstream education settings unless in exceptional
circumstances.
5      To discharge the duty of the Council as Education Authority to make adequate provision
to meet the additional support needs of learners as set out in the Education (Additional
Support for Learning) (Scotland) Acts 2004 and 2009.  
6      To exercise, at discretion, the powers available to the Council as Education Authority, in
terms of section 23 of the 1980 Act, with regard to the provision by the Council of
education for children from outwith the area of the Council, including the setting of
placement fees for other Education Authorities. In addition, to authorise the payment of
such fees to other Education Authorities and external providers where education has been
provided at the request of the Education Authority for children normally resident in the
area of the Council.
7 To discharge the duty of the Council as Education Authority in the provision of Gaelic
Medium Education in terms of sections 7-18 of the 2016 Act.
8     To determine school term dates and in-service days after consultation with appropriate
trade unions, education staff and parent councils. 
9     To exercise the functions of the Education Authority in relation to the promotion and
management of pupil attendance in schools, in terms of sections 36-41 of the 1980 Act
and with regard to the Scottish Government national guidance document: Included,
Engaged and Involved: Part 1 (2019, revised).
10    To exercise, at discretion, the powers available to the Council as Education Authority in
respect of exclusion of pupils from school, in terms of regulation 4 of the Schools General
(Scotland) Regulations 1975 as amended and with regard to the Scottish Government 
national guidance document: Included, Engaged and Involved, Part 2 (2017).
11    To determine and manage a Devolved School Management (DSM) Scheme, which sets
out how educational establishments within the Education Authority are funded and how
financial accountability is assured, in terms of section 8 of the 2000 Act and the Scottish
Government Devolved School Management Guidelines (2019).
12     To appoint and supervise teaching staff in terms of Part IV of the 1980 Act and in
accordance with the DSM scheme and local agreements approved by the North Ayrshire
Local Negotiating Committee for Teachers (LNCT).
13    To implement all decisions taken within the terms of reference of the North Ayrshire
LNCT, provided that any resultant financial commitments are contained within the Service
budget.
14   To exercise, in conjunction with the Head of Service (People & ICT), and through the
LNCT, the discretionary powers available in the implementation of conditions of service in
relation to teachers in the employment of the Council, as set out in Appendix 1.3 of the
Scottish Negotiating Committee for Teachers (SNCT) Handbook or any amendment
thereof.
15    To arrange professional learning for the education workforce in pursuance of improved
standards of service delivery and improved learner outcomes.
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16    To approve temporary secondments by teaching staff to posts out with the area of the             
Council and temporary secondments within the area of the Council by teaching staff from             
elsewhere.     
17    To consider and determine all applications for the provision of footwear and clothing and/or             
the provision of free school meals for learners at local authority schools, in terms of             
sections 53-56 of the 1980 Act and sections 22-23 of the 2016 Act, and in accordance with             
Council policy.     
18    To consider and determine all placing requests under section 28 of the 1980 Act, sections             
43-44 of the 2000 Act and Schedule 2 of the Education (Additional Support for Learning)            
(Scotland) Act 2004 in accordance with the guidelines formulated by the Council and,             
where appropriate, to make representation to the Education Appeals Committee in respect             
of any appeals against decisions.     
19    To consider and determine all requests for school transport under section 51 of the 1980             
Act and in accordance with Council policy. 
20   To consider and determine applications from educational establishments for residential             
school excursions overseas or participation in exchange programmes.     
21    To carry out the administration, assessment and award of Education Maintenance             
Allowances (EMAs) in accordance with Council policy.     
22    To authorise discretionary grants to staff and/or pupils in connection with courses,             
conferences, educational visits and excursions within budget allocation.     
23    To issue licences in terms of the Children (Performances and Activities) (Scotland)             
Regulations 2014.     
24    To approve monthly unitary charge invoices in respect of Public Private Partnership and             
NDP contracts.     
25    To accept and administer any new trusts or small endowments which may be offered to the             
Council for schools managed by the Council and to receive and determine applications for             
distribution of funds in any endowments, subject to the terms of the endowment.     
26    Manage the Educational Services Department and the provision of education in             
accordance with approved policy including:
1. Accept and administer any new trusts or small endowments which may be offered
to the Council for schools in their area. 
2. Transfer teachers within the policy established by the Education Authority and,
where appropriate, pay transfer expenses. 
3. Transfer teachers within the policy established by the Education Authority and,
where appropriate, pay transfer expenses. 
4. Exercise the discretionary powers available in implementation of conditions of
service in relation to teachers in the employment of the Authority. 
5. Carry out the administration, assessment and award of education maintenance
allowances. 
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6. Make discretionary grants to pupils to enable them to attend courses and
conferences and to undertake additional visits and excursions at home and abroad
within the approved estimates and policies of the Council. 
7. To make grants of up to £1000 to voluntary organisations, schools and other
organisations which make provision for children of school age, pre-5s or out-of-
school care. 
8. To approve support for any type of educational course and to make grants from any
bursary or other financial scheme operated by the Council. 
9. To make grants to employees and/or pupils in connection with courses,
conferences, educational visits and excursions. 
10. To make grants to pupils who are selected to join national music ensembles in
respect of fees and attendance at courses related to their membership of these
bodies. 
11. Exercise the powers available to the Council as Education Authority in relation to
the exclusion of pupils from schools in line with policy. 
12. Determine the dates of local school holidays within the Council after consultation. 
13. Determine the dates of the 5 teachers’ in-service days after due consultation with
all relevant parties. 
14. To receive and determine applications for distribution of funds in any endowments,
subject to the terms of the endowment. 
15. To accept and administer any new trusts or small endowments which may be
offered to the Council for schools in its area. 
16. To issue licenses in terms of the Children (Performances) Regulations 1968 and
the Children (Performances and Activities) (Scotland) Regulations 2014. 
17. To agree or refuse requests for access to an amendment of records in terms of the
Pupils Education Records (Scotland) Regulations 2003 and the Further Education
Student Records (Scotland) Regulations 1990 and to review any such decisions. 
18. In accordance with the Council’s approved policies for early release, in conjunction
with the Head of Service (People and ICT), to approve any application by a teacher
or associated professional for voluntary early retirement, redundancy or early
release. 
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9. Executive Director (Communities and Housing)      
The Executive Director of Communities and Housing has overall responsibility for the following
services 
• Communities including Community and Locality Planning; Community Resources;
Community Learning and Development; (adult learning, young people and capacity
building); locality hubs; Information and Culture (inc. Arts, Culture & Heritage); Libraries;
the Gaelic Plan; Sports and Activity (including Active Schools and sports development,
Arran Outdoor Education Centre and the relationship with KA Leisure);Licence holder of
Duke of Edinburgh Award; Country Parks and Ranger Services; Community Engagement
and Empowerment (including Participatory Budgeting, the Community Investment Fund,
Community Asset Transfer); the North Ayrshire Food system, and support for external
organisations (including North Ayrshire Ventures Trust). 
• Housing and Public Protection including Housing Services, Homelessness, Corporate
and Public CCTV, Planning, Building Services and Protective Services (Building
Standards, Community Safety, Environmental Health, Trading Standards). 
The Executive Director has delegated authority as follows: 
Specifically: 
1    To exercise the functions of the Council in terms of the relevant parts of the following
primary legislation and any subsequent, secondary or similar legislation replacing or
expanding existing Acts pertaining to the provision of community services:
• Community Empowerment (Scotland) Act 2015
• Gaelic Language (Scotland) Act 2005
• The Requirements for Community Learning and Development (Scotland)
Regulations 2013
• Period Products (Free Provision) (Scotland Act 2021
• Local Government (Scotland) Acts 1994 and 2003 (including library/museum and
leisure provision) 
Generally: 
2   To ensure proper arrangements for developing and ensuring excellent relationships with 
our communities, including through community engagement, consultation, participation, 
participatory democracy and community empowerment. 
3   To develop and support the capacity of organisations, individuals and communities,
including young people to become involved in, and contribute to North Ayrshire, its
neighbourhoods and communities. in the context of the Council's vision for a North
Ayrshire that is fair for all and the reduction of inequalities, including through the Child
Poverty Report and Action Plan. 
4   To support the development of community and locality planning, the development of
defined neighbourhood priorities and community action plans; Locality Planning
Partnerships, including the application of Community Investment and other internal and
external funding for this purpose. 
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5   To support the progress and local implementation of the Local Governance Review and
Democracy Matters in relation to community empowerment and subsidiarity in
accordance with Council policy. 
6   To support local organisations in the development of local democratic approaches,
including locality partnerships, community councils, community associations and
community development trusts. 
7   To develop and support North Ayrshire’s approach to participatory democracy. 
8   To develop and support North Ayrshire’s approach to Participatory Budgeting, including
grant awarding and mainstreaming. 
9   To develop and support the emerging national ambitions for the development of youth
work strategy and maintain excellence in our work with young people by implementing
our Children and Young Peoples Citizenship and Participation Strategy.   
10 To implement and adhere to the requirements of Duke of Edinburgh Award Licence. 
11   To develop and support the national Adult Learning Strategy and maintain excellence   
in our work with adults.       
12   To lead on the implementation of the Council’s Participation Strategy. 
13   To support organisations and communities seeking to acquire Council assets in terms of
the Council’s Community Asset Transfer Policy or Community Keyholding /Partnership
Agreements.  
14   To develop an Allotments Policy to support community aspirations. 
15   To manage Participation Requests, Community Asset Transfer Requests, and
Community Right to Buy Requests under the Community Empowerment (Scotland) Act. 
16   To ensure the design and delivery of community learning and development, including
youth services, adult learning and community capacity building and empowerment, and
take responsibility for the North Ayrshire Community Learning Development Strategic
Plan. 
17   To develop relationships and ensure the co-design and co-delivery of services with third
and voluntary sector partners, through the Third Sector Interface, and other appropriate
local structures and approaches. 
18   To develop and support the community and locality hub system, to support and work
with citizens close to where they live. 
19   To develop and support the North Ayrshire Food System. 
20   To ensure the provision of an adequate library and information service which meets the 
needs of residents including the development of an enhanced digital offer. 
21   To support arts and culture within and relating to North Ayrshire. 
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22   To support the aspirations of the artistic and cultural communities of North Ayrshire. 
23   To acquire whether by purchase, donation, bequest or exchange any items for the
museum and art collections of the Council. 
24   To grant permission to reproduce works of art and approve publications and to impose
the appropriate charges for those artefacts and exhibits in the Council’s ownership. 
25   To authorise the acceptability of gifts to art galleries or museums on behalf of the  
Council and to acknowledge the acceptability of these gifts. 
26   To authorise the loan to outside bodies of works of art or museum exhibits, in
consultation with the Head of Service (Finance) in relation to insurance arrangements. 
27   To select, acquire and as necessary discard all books and other printed material, audio
visual pictures, electronic images and other library material and all materials for
museums, within the approved budget. 
28   To lead and administer the ‘licence to occupy arrangements’ for the use of public and
community halls, centres, schools and recreational facilities and the provision of health,
wellbeing, entertainment and events approved by the Council within the remit of the
service and accordance with the policies or practices and procedures of the Council. 
29   To lead and develop for the CPP an Active Communities Strategy and Plan, designed to
increase the amount and quality of physical activity experienced by North Ayrshire
residents, for the benefit of their physical and mental health and well-being. 
30 To develop and implement a ‘Wellbeing Alliance’ to overcome the inequalities related to
wellbeing with the help of early intervention and prevention and a whole system
approach. 
31   To develop a whole systems approach to inclusion in sports and physical activity
including working with care experienced children and young people and their families. 
32    Authorised to monitor the performance of North Ayrshire Leisure Trust/KA Leisure in
delivering services in accordance with agreements between North Ayrshire Council and
the Trust. 
33   The management and delivery of Council sports and leisure facilities not operated by
North Ayrshire Leisure Trust/KA Leisure. 
34   Support for community events, festivals and activities. 
35   To provide support and assistance to Community Councils, Community
Associations and Community Development Trusts. 
36   To provide discretionary grants to community organisations in pursuit of community
interests. 
37   To support North Ayrshire Ventures Trust, the Spiers Trust, Kilbirnie Loch Management
Group, and other appropriate Community groups within North Ayrshire. 
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38    To develop and manage Eglinton Country Park and related open spaces. 
39    Outdoor education including management and development of Arran Outdoor
Education Resource Centre. 
40   In accordance with the recommendations of the Locality Partnership made by consensus,
or which failing, by the Elected Member or Members on the Locality Partnership in
question, to agree and administer the disbursement of any grant or other  financial
payment to local organisations or individuals from within the area   in terms of the relevant
community development grant scheme, common good funds or other public trusts, subject
to the following paragraph. 
41   To agree in consultation with the Head of Service (Finance) to awards of grant or other
disbursements from common good or trust funds which spend capital of the fund in
excess of annual revenue, having regard to whether this would be likely to promote the
objectives of the fund through maximising the amount spent to promote its objectives
and minimising administration costs. 
42   To name streets in consultation with the relevant Locality Partnership. 
Community and Locality Planning 
43  To lead on a transformative whole system approach to community and locality
planning, to reduce inequalities. 
44   To support the development of the Child Poverty Report and Action Plan. 
45   To design and implement the Council’s Community and Locality Planning
arrangements with partners, including communities.     
46   To provide support to Community Planning Partners in the co-design and co-delivery of
the Locality Outcomes Improvement Plan and locality priorities. 
47   To manage and administer the community and locality planning arrangements,
including support to the CPP Board and Senior Officer Group. 
48   To support the development of the Community Engagement Network. 
Housing 
1. Authorised to manage the Council’s housing stock within approved policies.  The
allocation of housing (including the allocation of pitches to Travelling Persons and the
letting of garages and decisions on homelessness priority and the allocation of housing
to homeless applicants in accordance with the Council’s policy as required in terms of
the Housing (Scotland) Acts 1987, 2001 and 2014 and    the Homeless etc. (Scotland)
Act 2003, and any subsequent legislation relating to Housing Services. 
2. Undertake the Councils statutory responsibilities in terms of the prevention of 
Homelessness and Homelessness provision in line with the Housing Scotland Act 1987
as amended.
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3. Authorised to sign missives of let issued under the terms of the Housing (Scotland) Act
1987. 
4. To acquire by purchase or lease or sell properties under the Housing Revenue Account
and consisting of land, buildings and all heritable assets necessary way leaves,
servitudes, licences up to an individual transactional value of THREE HUNDRED
THOUSAND POUNDS (£300,000) in accordance with the Policy, Standing Orders
Relating to Contracts, any scheme of sub-delegation prepared by the Executive Director
setting out the level of employee able to authorise particular transactions, and the
provisions of the Local Government (Scotland) Act 1973, regulations made thereunder,
the Housing (Scotland) Acts 1987, 2001 and 2014, the Homeless etc. (Scotland) Act
2003, and any subsequent legislation relating to Housing Services and all relevant
statutory provisions. 
5. Authorised to exercise powers with respect to sub-standard housing under the Civic
Government (Scotland) Act 1982 and the Housing (Scotland) Act 2006 
6. Authorised to exercise powers with respect to closing and demolition orders under the
Housing (Scotland) Act 2006. 
7. Authorised to exercise powers with respect to houses in multiple occupation under the 
Housing (Scotland) Act 2006. 
8. Authorised to exercise powers with respect to compensation payments under sections 
304 - 310 of the Housing (Scotland) Act 1987. 
9. Authorised to agree, recharge and recover amounts payable by private owners as part
of common repairs involving Council property. 
10. Authorised to sign notices of proceedings and notices to quit to raise proceedings for
repossession of dwelling housing. 
11. Authorised to exercise powers with respect of regulation of private landlords as required
under the Anti-Social Behaviour etc (Scotland) Act 2004 - Section 7 and 8. 
12. Control and monitoring of the Housing Revenue Account Capital and Revenue budgets. 
13. Making payments in respect of tenants/resident’s groups, re-decoration grants, ex-
gratia payments and similar such payments. 
14. Authorise payments of grants applicable in terms of the Housing (Scotland) Act 2001
and 2006, relative to the improvement of houses. 
15. Providing out of hours emergency services for homeless persons, urgent repairs etc. 
16. Consulting with tenants/residents’ groups on housing issues. 
17. Ordering, managing, performing and inspection of repairs and improvements to ensure
that housing stock meets the Scottish Housing Quality Standard and Energy Efficiency
Standards for Social Housing wherever practicable. 
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18. Arrange for the routine maintenance and repair of housing stock and to implement
programmes of planned maintenance as previously approved by the Council. Also
emergency repairs to Council’s housing stock for which adequate provision is made in
the estimates and, where such maintenance, repair etc. cannot be undertaken directly
by the Council’s workforce, appoint contractors in compliance with the Standing Orders
Relating to Contracts; 
19. Determining in accordance with relevant legislation or Council policy requests for
succession of tenancies, mutual exchanges, lodgers, sub-letting, alterations. 
20. Making representations to the Scottish Government and other appropriate Government
Bodies and Agencies, where appropriate, to maximise prospects of improving housing
provision within the area. 
21. Preparing the Councils Local Housing Strategy, Strategic Housing Investment Plan and
other strategic documents and monitoring their implementation. 
22. Assessment of general needs and special housing needs in liaison with other services
and agencies. 
23. Maintaining all buildings, furniture, equipment etc under his/her control and ensuring
safety checks and procedures etc. are undertaken. 
24. Ensuring proper arrangements are in place in respect of statutory compliance for
housing properties in relation to issues such as gas electrical and, fire safety, asbestos,
legionella etc. 
25. Act as the Proper Officer in terms of Section 193 and 194 of the Act for the purposes
of granting leases and serving notices all in terms of Part 3 of the Housing (Scotland)
Act 1987. 
26. To provide services to travelling persons including the management and maintenance
of a dedicated site for travelling persons. 
27. Managing and supporting unauthorised encampments of gypsies, travellers and others
within North Ayrshire. 
28. Authorised to appoint, and authorise as appropriate, officers to ensure that
enforcement and administration of statutory responsibilities. 
29. Authorised to determine applications for repair and improvement grants in line with the
provisions of the Housing (Scotland) Act 2001 and related legislation and Council policy
and procedure. 
30. In consultation with the Head of Democratic Services to serve notices and undertake
court proceedings to recover possession of heritable property or arrears of rent. 
31. Supporting the provision of good quality temporary and interim accommodation for
vulnerable households including women experiencing violence, homeless people and
young people leaving care in line with the Unsuitable Accommodation Order 2004 as
amended. 
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32. Authorised to provide Housing Options Advice and Information in line with Statutory
Guidance. 
33. Authorised to facilitate access to Private Sector Housing including the provision of Rent
Deposit Guarantees. 
34. Authorised to provide Housing Support in line with the Housing Support Duty 2013 in
line with Statutory Guidance. 
35. Authorised, as proper officers in terms of s338 of the Housing (Scotland) Act 1987, to
assess property condition in relation to the tolerable standard". 
CCTV and Out of Hours 
36. To install and manage public close circuit television (CCTV) in accordance with
relevant legislation and review and support services installing (CCTV) or
surveillance cameras in accordance with relevant legislation to ensure operational
compliance. 
37. Provide an out of hours call handling service for Building Services Housing repairs,
Property Maintenance and Infrastructure repairs, Roads and Lighting faults,
emergency death registrations, Largs Car Park issues and contingency incidents for
services. 
38. Provide a 24/7 key holding function for contractors to turn over voids for temporary
accommodation properties and provide key holding for Sheltered Housing Units
access 24/7 for contractors and staff.   
39. Monitor fire and building security systems within the Saltcoats High Flats responding
to any alarms activations or security concerns. 
40. Carry out any duties required in relation to antisocial behaviour in terms of the
Antisocial Behaviour etc. (Scotland) Act 2004. 
Planning 
41. The Scheme of Delegation is prepared in accordance with the Town and Country
Planning (Scotland) Act 1997, as amended by the Planning etc. (Scotland) Act 2006,
and with the provisions of the Town and Country Planning (Schemes of Delegation and
Local Review Procedure) (Scotland) Regulations 2013. 
42. Notwithstanding the provisions of Section 50G (2) of the Local Government (Scotland)
Act 1973, in terms of Regulation 3 of the Town and Country Planning (Scheme of
Delegation and Local Review Procedure (Scotland) Regulations 2013 the following
functions are hereby delegated, namely, the determination of planning applications for
Local Developments as defined in Regulation 2(2) of the Town and Country Planning
(Hierarchy of Development) (Scotland) Regulations 2009, as provided for in terms of
Section 43A of the Town and Country Planning (Scotland) Act 1997 (hereinafter
referred to as the “1997 Act”) excepting always therefrom the applications where the
Planning Authority themselves decide to determine the application in terms of Section
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43A(6) of the 1997 Act. Planning Committee Call-in Procedures are more specifically
detailed in paragraph 26.3 of the Standing Orders for Meetings and Proceedings of the
Council. 
43. Where otherwise not provided for, to determine applications in terms of Part III
(Development Management) of the 1997 Act as amended where: - 
a. the determination is not contrary to the Development Plan
b. a decision to grant permission for the proposed development would not be
inconsistent with a previous refusal of the Council on applications relating to the
same site; or
c. all appropriate consultations have been carried out and all necessary notice has
been given and no material planning objections have been received: - 
• from members of the public
• from other services of the Council
• from any Community Council, and
• from any other public authority concerned, any of which cannot be
resolved by conditions or amended proposals. 
44. To administer the provision of Part VI (Enforcement) and Part VII (Trees) of the 1997 
Act and to determine applications. 
45. Decline to determine an application in accordance with Section 39 of the 1997 Act
relating to similar applications submitted within two years of a refusal or appeal
dismissal. 
46. Vary planning permissions granted where the variation sought is considered not to be
material. Alter or add conditions to applications which the relevant Committee has
decided it is minded granting, where such changes are required as a result of
subsequent responses from statutory or technical consultees and which do not raise
significant new issues requiring to be considered by the Committee. 
47. Agree the discharge of planning conditions where the terms of the condition have 
been fulfilled. 
48. To determine any application for advertisement consent under Regulations in terms 
of Section 182 of the 1997 Act to the displays of advertisements. 
49. Subject to any condition considered appropriate to determine any submission 
required by a Development Order or by conditions imposed on the grant of planning
permission. 
50. To determine applications for listed building consent and conservation area consent 
in terms of the Planning (Listed Buildings and Conservation Areas) (Scotland) Act
1997 and relevant Regulations. 
51. Issue decision notices where the Scottish Ministers have made a Direction requiring 
the Planning Authority to refuse an application and where the Planning Authority has
accordingly no alternative. 
52. Evaluate applications and determine whether an Environmental Impact Assessment
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is required and where so, scope. 
53. Issue planning contravention notices where information is required to establish
whether a breach of planning control has occurred and Breach of Condition Notices
where an applicant has failed to comply with a condition of a Planning Permission or
other consent. 
54. Determine whether or not to grant prior approval of the siting, design or external
appearance of telecommunication masts or demolition of dwelling houses, which
thereby constitutes permitted development. 
55. Make observations on behalf of the Planning Authority on routine proposals by 
statutory undertakers or on routine consultations to the Council as Planning Authority. 
56. Determine applications for certificate for proposed and existing lawful use and 
development. 
57. Determine applications for hazardous substance consent. 
58. Authorise minor amendments to Section 75 Obligations where the change sought is
not considered material and where such a change accords with any policy or decision
of the Council. 
59. Represent the Council at Inquiries or Hearings to the Scottish Ministers under the 
Planning Legislation. 
60. Promote and confirm provisional Tree Preservation Orders, where no objections have
been received. Authorise grants, where contained within existing budgets for listed
buildings, properties in the conservation areas and externally supported schemes. 
61. Authorise grants within policy and budget for improvements to landscape and the 
environment. 
62. Respond to consultations on planning applications from neighbouring planning
authorities and make observations on consultations to the Council as Planning
Authority. 
63. Prepare and issue documents as part of the Local Development Plan process
following formal approval of the various stages as set out in Part 2 of the Town and
Country Planning (Scotland) Act 1997, as amended. 
64. Maintain statutory registers and lists. 
65. To respond on behalf of the Council to Historic Buildings and Monuments Directorate 
regarding a listing of buildings or architectural or historic interest. 
66. To respond on behalf of the Council to the Forestry Commission regarding 
consultations on forestry applications. 
67. To respond to consultations from adjoining Councils regarding plans or planning 
applications in their area. 
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68. To determine applications under the High Hedges (Scotland) Act 2014. 
69. To exercise the functions of the Council under Section 85 and Section 97 relating to
street numbering in terms of Civic Government (Scotland) Act 1982 (street naming
determined by Committee). 
70. To exercise the functions delegated to the Council under sections 5,8,11 and 16 of
the Marine (Scotland) Act 2010, namely the preparation, amendment, and review of a
regional marine plan and monitoring of implementation and periodical reporting on
such regional marine plan 
71. In relation to a Regional Spatial Strategy, to prepare and issue documents and to keep
under review in terms of Section 4ZA-C of the Town and Country Planning (Scotland)
Act 1997, (or where the Strategy relates to more than one planning authority area, to
jointly do so in liaison with those other Planning Authorities); 
72. To support local communities as required in the preparation or review of a Local
Place Plan, in terms of section both 15 A of the Town and Country Planning (Scotland)
Act 1997, and any regulations made thereunder. 
73. In relation to an Open Space Strategy, to prepare and issue documents and to keep
under review in terms of Section 3G of the Town and Country Planning (Scotland) Act
1997; 
74. In relation to Master Plan Consent Areas, to prepare and issue documents and to
keep under review in terms of Section 54A-F of the Town and Country Planning
(Scotland) Act 1997; 
75. In relation to a Forestry and Woodland Strategy to prepare and issue documents and
to keep under review in terms of Section A159 of the Town and Country Planning
(Scotland) Act 1997; 
Building Standards 
76. Authorised to carry out all Building Standards functions of the Council in terms of the 
following legislation: - 
• The Building (Scotland) Act 2003 As amended
• The Building Standards (Scotland) Regulations 2004 As amended
• The Civic Government (Scotland) Act 1982
• The Licensing (Scotland) Act 2005 
77. Exercise the functions of the Council in relation to granting Building Warrants
ensuring that the building regulations for the construction of new buildings and for the
alteration, extension, conversion or demolition of existing buildings are met. 
78. Exercise the functions of the Council in relation to defective and dangerous buildings 
in accordance with sections 28, 29 & 30 of the Building (Scotland) Act 2003. 
79. Evacuate buildings and carry out works in case of immediate danger where 
necessary in accordance with section 42 and section 29 of the Building (Scotland) Act
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2003. 
80. Exercise the functions of the Council in relation to compliance and enforcement of
unauthorised works and require buildings to comply with Building Standards
Regulations. 
81. To assist in the determination of applications for Houses in Multiple Occupation 
lodged under the Civic Government Scotland Act 1982. 
82. To undertake functions relating to the Safety of Sports Grounds Act 1975 and the
Fire Safety and Safety of Places of Sport Act 1987, the functions of the Council in
relation to safety of covered spectator viewing facilities at or within sports ground in
terms of the Fire Safety and Safety of Places of Support Act 1987. 
83. Exercise the functions as Building Standards Authority in terms of issuing certificates
of suitability under section 50 of the Licensing (Scotland) Act 2005. 
84. Grant or refuse clearance certificate applications for building warrants under the 
Building (Scotland) Act 1959 and accept or reject certificates of completion under the
Building (Scotland) Act 2003, subject to a right of appeal to the Sheriff Court. 
85. Grant extensions to the life of building warrants. 
86. Exercise the functions of the Council by maintaining and making available for public 
inspection at all reasonable times a Building Standards Register. 
87. To respond on behalf of the Council, on matters relating to accessibility in and 
around buildings, to the North Ayrshire Access Panel. 
88. To determine all applications for raised structures in terms of section 89 of the Civic 
Government (Scotland) Act 1982. 
89. To manage the Safety Advisory Group and support the effective planning for 
significant events effecting North Ayrshire through effective liaison with partners. 
90. To assist the Licensing Authority and other Services with the Short-Term Let 
Licensing scheme under the Civic Government (Scotland) Act 1982 (Licensing of 
Short-Term Lets) Order 2022 No. 32. 
Environmental Health and Trading Standards 
91. To undertake the functions of the Council relating to Environmental Health and 
Trading Standards. 
92. To assist in the determination of applications lodged under the following statutes in 
conformity with Council or Licensing Board policies. 
a. Animal Health & Welfare (Scotland) Act 2006
b. Civic Government (Scotland) Act 1982
c. Control of Pollution Act 1974
d. Environmental Protection Act 1990
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e. Environment Act 1995
f. European Communities Act 1972
g. Health and Safety at Work etc Act 1974
h. Licensing (Scotland) Act 2005 (Section 50)
i. Local Government (Scotland) Act 1973
j. Local Government etc. (Scotland) Act 1994
k. Local Government in Scotland Act 2003
l. Tobacco & Primary Medical Sales (Scotland) Act 2010
m. Petroleum (Consolidation) Regulations 2014
n. Tobacco & Primary Medical Sales (Scotland) Act 2010
o. Explosives Regulations 2014
p. Poisons Act 1972 
93. To immediately suspend licenses where necessary for the purposes of public safety. 
94. To authorise officers to exercise the powers and duties of an inspector and authorised
officer under the legislation listed in paragraph 51 hereof (including the powers of
entry, inspection, sampling, purchasing of goods and services, opening containers,
seizure, serving notices and initiating prosecutions where appropriate) and including
the power to issue notices (including suspension notices, improvement notices,
prohibition notices, emergency prohibition notices, abatement notices, enforcement
notices, remediation notices and other such notices under the legislation detailed in
the following paragraph). 
95. To exercise the Trading Standards and Environmental Health functions of the Council
in terms of the following legislation, including the provision of education, mediation or
enforcement: 
Consumer Support 
• Consumer Rights Act 2015
• Enterprise Act 2002 (Part 8)
• The Package Travel and Linked Travel Arrangements Regulations 2018
• Timeshare, Holiday Products, Resale & Exchange Contracts Regulations 2010
• Unsolicited Goods and Services Act 1971 
Consumer Credit and Estate Agency 
• Consumer Credit Act 1974 & 2006
• Estate Agents Act 1979
• Price Indications (Bureau de Change) (No. 2) Regulations 1992 
Consumer Safety 
• Aerosol Dispensers Regulations 2009
• Antisocial Behaviour etc (Scotland) Act 2004 (s. 122 – 125)
• Children and Young Persons (Protection from Tobacco) Act 1991
• Cigarette Lighter Refill (Safety) Regulations 1999
• Construction Products Regulations 1991 & 2013
• Consumer Protection Act 1987
• Cosmetic Products Enforcement Regulations 2013
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• Crossbows Act 1987
• Custom and Excise Management Act 1979fair
• Electrical Equipment (Safety) Regulations 2016
• Electromagnetic Compatibility Regulations 2016
• Energy (Conservation) Act 1981
• Fireworks Act 2003
• Food Imitations (Safety) Regulations 1989
• Furniture and Furnishings (Fire) (Safety) Regulations 1988
• Gas Appliances (Safety) Regulations 2008
• General Product Safety Regulations 2005
• Health (Tobacco, Nicotine etc and Care) (Scotland) Act 2016
• Medical Devices Regulations 2002
• Medicines Act 1968
• Medicines Act 1968 (ss.53, 54 & 66)
• Motor Vehicle (Safety Equipment for Children) Act 1991
• Motor Vehicle Tyres (Safety) Regulations 1994
• Nightwear (Safety) Regulations 1985
• N-nitrosamines and N-nitrosatable Substances in Elastomer or Rubber Teats and
Dummies (Safety) Regulations 1995
• Oil Heaters (Safety) Regulations 1977
• Pedal Bicycles (Safety) Regulations 2010
• Personal Protective Equipment Regulations 2002
• Plugs & Sockets etc. (Safety) Regulations 1994
• Pressure Equipment Regulations 2016
• Psychoactive Substances Act 2016
• Radio Equipment and Telecommunications Terminal Equipment Regulations 2000
• REACH Enforcement Regulations 2008
• Recreational Craft Regulations 2004 & 2017
• Regulation 765/2008/EC on Accreditation and Market Surveillance
• Regulation 1272/2008/EC on Classification, Labelling & Packaging of Substances and
Mixtures
• Road Traffic Act 1988 (s. 17 & 18)
• Simple Pressure Vessels (Safety) Regulations 2016
• Standardised Packaging of Tobacco Products Regulations 2015
• Supply of Machinery (Safety) Regulations 2008
• The Pyrotechnic Articles (Safety) Regulations 2015
• The Tobacco Products (Traceability and Security Features) (Amendment) Regulations
2023
• Tobacco Advertising and Promotion Act 2002
• Tobacco and Primary Medical Services (Scotland) Act 2010
• Tobacco and Related Products Regulations 2016
• Tobacco Products (Manufacture, Presentation and Sale) (Safety) Regulations 2002
• Tobacco Products (Traceability and Security Features) Regulations 2019
• Toys (Safety) Regulations 2011 
Unfair Trading 
• Alternative Dispute Resolution of Consumer Dispute Regulations (Competent
Authorities & Enforcement) Regulations 2015
• Business Protection from Misleading Marketing Regulations 2008
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• Companies Act 2006 (Parts 5 and 41)
• Consumer Contracts (Information, Cancellation and Additional Charges) Regulations
2013
• Consumer Protection from Unfair Trading Regulations 2008
• Consumer Rights (Payments and Surcharges) Regulations 2012
• Consumer Rights Act 2015
• Copyright etc and Trade Marks (Offences and Enforcement) Act 2002
• Copyright, Designs and Patents Act 1988
• Crystal Glass (Description) Regulations 1973
• Education Reform Act 1988 (S.214-216)
• Electronic Commerce (EC Directive) Regulations 2002
• Energy Act 1976
• Fair Trading Act 1973
• Footwear (Indication of Composition) Regulations 1995
• Hallmarking Act 1973
• Housing (Scotland) Act 2006 (Part 3)
• Intellectual Property Act 2014
• Olympic Symbol (Protection) Act 1995
• Prices Act 1974 and 1975
• Price Marking Order 2004
• Provision of Services Regulations 2009
• Registered Designs Act 1949
• Telecommunications Act 1984 (S.30)
• Textile Products (Labelling and Fibre Composition) Regulations 2012
• Trade Descriptions Act 1968
• Trade Marks Act 1994
• Video Recordings Act 1984 and Video Recordings Act 2010 
Agriculture 
• Agricultural Produce (Grading and Marking) Act 1928
• Agriculture (Miscellaneous Provisions) Act 1968
• Agriculture Act 1970 (Part IV) (Delegated to TS by Food Standards Scotland)
• Animal Feed (Scotland) Regulations 2010
• EC Fertilisers (Scotland) Regulations 2006
• Feed (Hygiene and Enforcement) (Scotland) Regulations 2005
• Feed Hygiene Regulations 183/2005
• Food and Environmental Protection Act 1985
• Official Feed and Food Controls (Scotland) Regulations 2009 
Animal Health 
• Animal By-products (Enforcement) (Scotland) Regulations 2013
• Animal Health Act 1981
• Animal Health and Welfare (Scotland) Act 2006
• Animals (Scotland) Act 1987
• Anthrax Order 1991
• Avian Influenza (H5N1 in Poultry) (Scotland) Order 2007
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• Avian Influenza (H5N1 in Wild Birds) (Scotland) Order 2007
• Avian Influenza (Preventive Measures) (Scotland) Order 2007
• Avian Influenza (Slaughter and Vaccination) (Scotland) Regulations 2006
• Bluetongue (Scotland) Amendment Order 2008 [Article 16A (2)]
• Bluetongue (Scotland) Order 2008 [Article 3 (2)]
• Cattle Identification (Scotland) Regulations 2007
• Disease Control (Interim Measures) (Scotland) Order 2002
• Diseases of Animals (Approved Disinfectants) (Scotland) Order 2008
• Diseases of Poultry (Scotland) Order 2003
• Diseases of Swine Regulations 2014
• Equine Animal (Identification) (Scotland) Regulations 2019
• Foot-and-Mouth Disease (Scotland) Order 2006
• Foot-and-Mouth Disease (Slaughter and Vaccination) (Scotland) Regulations 2006
• Importation of Animal Pathogens Order 1980
• Importation of Animals Order 1977
• Infectious Diseases of Horses Order 1987
• Non-Commercial Movement of Pet Animals Order 2011
• Pigs (Records, Identification and Movement) (Scotland) Order 2011
• Protection of Animals (Scotland) Act 1912
• Rabies (Control) Order 1974
• Rabies (Importation of Dogs, Cats and other Mammals) Order 1974
• Sheep and Goats (Records, Identification and Movement) (Scotland) Order 2009
• Sheep Scab (Scotland) Order 2010
• The Cat and Dog Fur (Control of Import, Export and Placing on the Market)
Regulations 2008
• Trade in Animals and Related Products (Scotland) Regulations 2012
• Transmissible Spongiform Encephalopathies (Scotland) Regulations 2010
• Transport of Animals (Cleansing and Disinfection) (Scotland) Regulations 2005
• Tuberculosis (Scotland) Order 2023
• Welfare of Animals (Transport) (Scotland) Regulations 2006
• Welfare of Animals at Markets Order 1990
• Welfare of Farmed Animals (Scotland) Regulations 2010
• Welfare of Horses at Markets (and Other Places of Sale) Order 1990
• Wildlife and Countryside Act 1981 
Metrology 
• Measuring Container Bottles (EEC Requirements) Regulations 1977
• Measuring Equipment (Capacity Measures and Testing Equipment) Regulations 1995
• Measuring Instruments (EEC Requirements) Regulations 1988
• Measuring Instruments Regulations 2016
• Non-automatic Weighing Instruments Regulations 2016
• Weights and Measures (Packaged Goods) Regulations 2006
• Weights and Measures Act 1976 and 1985 
Environment 
• Clean Air Act 1993 (s30) including the determination of chimney heights, 
implementation of smoke control areas and prevention of emission of dark smoke and
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smoke nuisance
• Food and Environment Protection Act 1985 (Part III)
• Control of Pesticides Regulations 1986
• Pesticides Act 1988
• European Communities Act 1972
• Consumer Rights Act 2015
• Environmental Protection (Single-use Plastic Products) (Scotland) Regulations 2021
• Environmental Protection (Single-use Vapes) (Scotland) Regulations 2024 (Proposed)
• Motorcycle Noise Act 1987
• Packaging (Essential Requirements) Regulations 2003 & 2015
• Passenger Car (Fuel Consumption and CO2 Emissions Information) Regulations
2001
• The Energy Information Regulations 2011
• The Single Use Carrier Bags Charge (Scotland) Regulations 2014
• Volatile Organic Compounds in Paints, Varnishes and Vehicle Refinishing Products
Regulations 2012 
Associated legislation made under this Act including: 
• Packaging (Essential Requirements) Regulations 2003
• Plant Protection Products (Scotland) Regulations 1995
• Energy Information (Washing Machines) Regulations 1996
• Energy Information (Refrigerators and Freezers) Regulations 1997
• Energy Information (Dishwashers) Regulations 1999
• Volatile Organic Compounds in Paints, Varnishes and Vehicle Refinishing 
Products Regulations 2005
• Energy Information Regulations 2011.
• Control of Pollution Act 1974
• Noise and Statutory Nuisance Act 1993
• Radioactive Substances Act 1993
• Antisocial Behaviour (Scotland) Act 2004 Part 5 Noise
• Water Services etc. (Scotland) Act 2005 in relation to odour from sewerage 
treatment plants
• Environmental Protection Act 1990
• Environment Act 1995
• Waste (Scotland) Regulations 2012
• Clean Air Act 1993
• Air Quality Limit Values (Scotland) Regulations 2003
• The Road Traffic (Vehicle Emissions) (Fixed Penalty) (Scotland) Regulations 
2003
• Food and Environment Protection Act 1985 
Health and Safety 
• Petroleum (Consolidation) Regulations 2014
• Health and Safety at Work etc. Act 1974 and Regulations made thereunder
• Dangerous Substances and Explosive Atmospheres Regulations 2002
• Explosives Act 1875
• Manufacture and Storage of Explosives Regulations 2005
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• Biocidal Products Regulations 2001
• European Communities Act 1972
• Offices Shops and Railway Premises Act 1963
• Radioactive Substances Act 1993 
Associated legislation made under this Act 
Food Safety 
• Food and Environmental Protection Act 1985
• Food Safety Act 1990
• Food Hygiene (Scotland) Regulations 2006
• The Official Feed and Food Control (Scotland) Regulations 2009
• The Food Information (Scotland) Amendment Regulations 2021 
• Food (Scotland) Act 2015
• The Quality Schemes (Agricultural Products and Foodstuffs) Regulations 2018
• European Communities Act 1972 
Associated legislation made under this Act including: 
• The TSE (Scotland) Regulations 2010
• The Trade in Animal and Related Products (Scotland) Regulations 2012
• The Contaminants in Food (Scotland) Regulations 2013
• Animal By-products (Enforcement) (Scotland) Regulations 2013 
Public Health 
• Public Health etc. (Scotland) Act 2008
• Sewerage (Scotland) Act 1968
• Prevention of Damage by Pests Act 1949
• Dog Fouling (Scotland) Act 2003
• Smoking Health and Social Care (Scotland) Act 2005
• The Prohibition of Smoking in Certain Premises (Scotland) Regulations 2006
• International Health Regulations 2005
• Public Health (Ships) (Scotland) (Amendment) Regulations 2007
• Smoking Prohibition (Children in Motor Vehicles) (Scotland) Act 2006
• Health (Tobacco, Nicotine etc. and Care) (Scotland) Act 2016
• Burial & Cremation (Scotland) Act 2016 (Section 87) Housing
• Housing (Scotland) Act 1987
• Housing (Scotland) Act 2006 
Licensing – Animal 
• Animal Boarding Establishments Act 1963
• Breeding of Dogs Act 1973/91
• Dangerous Wild Animals Act 1976
• Zoo Licensing Act 1981
• The Animal Welfare (Licensing of Activities Involving Animals) (Scotland) Regulations
• The Animal Welfare (Licensing of Activities Involving Animals) (Scotland) Regulations
2021 
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Licensing – Leisure 
• Caravan Sites and Control of Development Act 1960
• Cinemas Act 1985
• The Licensing of Relevant Permanent Sites (Scotland) Regulations 2016 
Licensing – Safety 
• Petroleum (Consolidation) Regulations 2014
• Manufacture and Storage of Explosives Regulations 2005
• Poisons Act – 1972 
Licensing Food 
• Deer (Scotland) Act 1996
• Game Licences Act 1860 
Licensing - Civic Government (Scotland) Act 1982 
• Civic Government (Scotland) Act 1982 – Parts I, II, III, V and IX
• Theatres Act 1968 
96. Civic Government (Scotland) Act 1982 (Licensing of Short-Term Lets) Order 2022 No. 
32. 
Public Health Licensing 
• Civic Government (Scotland) Act 1982 (Licensing of Skin Piercing and 
Tattooing) Order 2006.
• Civic Government (Scotland) Act 1982 Part II (Public Entertainment Licences– 
Sunbeds)
• The Public Health etc. (Scotland) Act 2008 (Sunbed) Regulations 2009 
Water 
• Water (Scotland) Act 1980
• Water Act 1989
• Water Services (Scotland) Act 2005
• Private Water Supplies (Scotland) Regulations 2006
• Private Water Supplies (Grants) (Scotland) Regulations 2006
• The Water Supplies (Water Quality) (Scotland) Regulations 2014
•  The Water Intended for Human Consumption (Private Supplies) (Scotland) 
Regulations 2017 
Contaminated land 
• Environmental Protection Act 1990
• Environment Act 1995
• Control of Pollution Act 1974
• Contaminated Land (Scotland) Regulations 2000/2005 
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Dog Control 
• Environmental Protection Act 1990 (Sections 149 – 151)
• Control of Dogs (Scotland) Act 2010
• Dog Fouling (Scotland) Act 2003
• The Microchipping of Dogs (Scotland) Act 2016 
Private Landlord Registration 
• The Private Rented Housing (Scotland) Act 2011 
97. To undertake the functions of the Council for the calibration and certification services
to industry and commerce. 
98. To undertake the functions of the Council for securing compliance with trades 
description and consumer product safety issues. 
99. To undertake the public health functions of the Council under the Public Health
(Scotland) Act, including pest control duties of the Prevention of Damage by Pests Act
1949. 
100. To undertake the functions of the Council relating to communicable diseases. 
101. To advise the Executive Director (Communities and Housing) to appoint the Chief
Officer and/or individual officers of Trading Standards Scotland as officers of the
Council, whether in perpetuity, on a time limited basis or for the duration of a particular
operation. This shall include power to appoint such officers retrospectively to the date
of approval of this provision (27 June 2018). 
102. Pursuant to section 56(1) of the Local Government (Scotland) Act 1973, to
authorise the Executive Director of Communities and Housing to authorise the Chief
Officer and/or individual officers of Trading Standards Scotland, whether in perpetuity,
on a time limited basis or for the duration of a particular operation : (i) to discharge
such of the functions relating to trading standards and consumer protection, including
under the legislation set out in paragraph 65 and 72 hereof as may be listed by the
Executive Director in such authorisation ; and (ii) to act as an authorised officer for the
purposes of discharging those functions, including for the purposes of the said
legislation, and in fulfilment of all functions granted to the Council in respect of trading
standards and consumer protection, including under the said legislation. 
103. Duty or Powers to Enforce: 
• Advanced Television Services Regulations 2003
• Aerosol Dispensers Regulations 2009
• Biocidal Products and Chemicals (Appointment of Authorities and Enforcement)
Regulations 2013
• Biofuel (Labelling) Regulations 2004
• Business Protection from Misleading Marketing Regulations 2008
• Chemicals (Hazard Information and Packaging for Supply) Regulations 2009
• Children and Families Act 2014 (The Standardised Packaging of Tobacco
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Regulations 2015)
• Children and Young Persons (Protection from Tobacco) Act 1991
• Cigarette Lighter Refill (Safety) Regulations 1999
• Sections 5 and 27E to 27G of the Civic Government (Scotland) Act 1982
• Construction Products Regulations 2013
• Consumer Contracts (Information, Cancellations and Additional Charges)
Regulations 2013
• Consumer Credit Act 1974
• Consumer Credit Act 2006
• Consumer Protection (Distance Selling) Regulations 2000
• Consumer Protection Act 1987
• Consumer Protection from Unfair Trading Regulations 2008
• Consumer Rights (Payment Surcharges) Regulations 2012
• Consumer Rights Act 2015
• Copyright, Designs and Patents Act 1988
• Cosmetic Products Enforcement Regulations 2013
• Crystal Glass (Descriptions) Regulations 1973
• The Dangerous Substances and Explosive Atmospheres Regulations 2002
• Detergents Regulations 2010
• Regulation (EC) No. 1272/2008 on classification, labelling and packaging of
substances and mixtures,
• Sections 214 and 215 of the Education Reform Act 1988
• Electrical Equipment (Safety) Regulations 1994
• Electromagnetic Compatibility Regulations 2006
• Electromagnetic Compatibility Regulations 2016
• Electronic Commerce (EC Directive) Regulations 2002
• Energy Act 1976
• Energy Information Regulations 2011
• Part 8 of the Enterprise Act 2002
• Estate Agents Act 1979
• Explosives Acts 1875 and 1923
• Explosives Regulations 2014
• Financial Services (Distance Marketing) Regulations 2004
• Financial Services Act 2012
• Financial Services Act 2012 (Consumer Credit) Order 2013
• Financial Services and Markets Act 2000
• Fireworks Act 2003
• Fireworks Regulations 2004
• Food Imitations (Safety) Regulations 1989
• Footwear (Indication of Composition) Labelling Regulations 1995
• Furniture and Furnishings (Fire)(Safety) Regulations 1988
• Gas Appliances (Safety) Regulations 1995
• General Product Safety Regulations 2005
• Hallmarking Act 1973
• Intellectual Property Act 2014
• Medical Devices Regulations 2002
• Motor Fuel (Composition and Content) Regulations 1999
• Motor Vehicle Tyres (Safety) Regulations 1994
• Motorcycle Noise Act 1987
• Nightwear (Safety) Regulations 1985
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• N-nitrosamines and N-nitrosatable Substances in Elastomer or Rubber Teats and
Dummies (Safety) Regulations 1995
• Oil Heaters (Safety) Regulations 1977
• Olympic Symbol etc. (Protection) Act 1995
• Package Travel, Package Holidays and Package Tours Regulations 1992
• Packaging (Essential Requirements) Regulations 2015
• Passenger Car (Fuel Consumption and CO2 Emissions Information) Regulations
2001
• Pedal Bicycles (Safety) Regulations 2010
• Personal Protective Equipment Regulations 2002
• Petroleum (Consolidation) Regulations 2014
• Plugs & Sockets etc. (Safety) Regulations 1994
• Poisons Act 1972
• Pressure Equipment Regulations 1999
• Price Indications (Bureau de Change) (No. 2) Regulations 1992
• Price Marking Order 2004
• Prices Act 1974
• Pyrotechnic Articles (Safety) Regulations 2015
• Radio Equipment and Telecommunications Terminal Equipment Regulations 2000
• REACH Enforcement Regulations 2008
• Recreational Craft Regulations 2004
• Regulation 765/2008/EC on Accreditation and Market Surveillance
• Rights of Passengers in Bus and Coach Transport (Exemption and Enforcement)
Regulations 2013
• Sections 17 and 18 of the Road Traffic Act 1988
• Road Vehicles (Brake Linings Safety) Regulations 1999
• Sale of Tobacco (Registration of Moveable Structures and Fixed Penalty Notices)
(Scotland) Regulations 2011
• Simple Pressure Vessels (Safety) Regulations 1991
• Simple Pressure Vessels (Safety) Regulations 2016
• Supply of Machinery (Safety) Regulations 2008
• Textile Products (Labelling and Fibre Composition) Regulations 2012
• The Electrical Equipment (Safety) Regulations 2016
• The Pressure Equipment (Safety) Regulations 2016
• The Psychoactive Substances Act 2016
• Timeshare, Holiday Products, Resale and Exchange Contracts Regulations 2010
• Toys (Safety) Regulations 2011
• Trade Descriptions Act 1968
• Trademarks Act 1994Video Recording Acts 1984 and 2010
• Volatile Organic Compounds in Paints, Varnishes and Vehicle Refinishing
• Products Regulations 2012 
104. To undertake relevant inspections for the licensing of caravan sites, riding 
establishments, animal boarding establishments, pet shops, zoos, keeping of wild
animals, breeding of dogs and venison dealers, and relevant inspections under the
Civic Government (Scotland) Act 1982. 
105. To arrange for the burial or cremation of deceased persons in terms of the 
Burial and Cremation (Scotland) Act 2016. 
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106. To undertake all other functions of the Council relating to environmental health 
and trading standards.  
107. To undertake all other functions of the Council as enforcing authority relating to 
health and safety of premises or services, excluding Council buildings or services. 
108. To support the Council in promoting the Licensing Objectives of the Licensing
(Scotland) Act 2005 as amended and supplemented by subsequent primary and
secondary licensing legislation, whether through inspection of premises or otherwise.   
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10. Director of Health and Social Care Partnership 
North Ayrshire Council has delegated certain functions to the North Ayrshire Integration Joint
Board, which has in turn delegated the following powers to the Director of the Health and Social
Care Partnership as its Chief Officer. The Director of the Health and Social Care Partnership will
act as both the Chief Officer of North Ayrshire Integration Joint Board and provide a single point
of overall strategic leadership for North Ayrshire Health and Social Care Partnership. In
recognition of the fact that the Health and Social Care Partnership will exercise Council functions
(including functions relating to mental health and procurement) not otherwise delegated to the
Integration Joint Board, the Council delegates to the Director of the Health and Social Care
Partnership overall responsibility for the following Local Authority services: - 
• Social work services for adults and older people;
• Services and support for adults with physical disabilities, learning disabilities;
• Mental health services;
• Drug and alcohol services;
• Adult protection and domestic abuse;
• Carers support services;
• Community care assessment teams;
• Support services;
• Care home and care at home services;
• Adult placement services;
• Health improvement services;
• Aids and adaptations;
• Day and Respite services;
• Local area co-ordination;
• Respite provision;
• Occupational therapy services;
• Re-ablement services, equipment and telecare. 
Local Additions 
• Criminal justice social work services
• Children and families social work services
• Services and support for children with disabilities
• Children’s Services Planning 
• Family Support Services
• Child Protection
• Financial Inclusion Services
• Support services including Finance (inc Financial Intervention & Corporate Appointee),
Commissioning, Information Systems & Performance Management
• The Director is also responsible for and has delegated responsibility for certain services of
NHS Ayrshire and Arran, both within North Ayrshire and on a pan- Ayrshire basis. This
Scheme of Delegation only details those Council functions which are delegated. See the
North Ayrshire Integration Scheme and the NHS Ayrshire and Arran Scheme of Delegation
for details of specific NHS delegations 
The Director is responsible for the leadership and co-ordination, planning and policy and
the strategic and operational management of the following functions: - 
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1. National Assistance Act 1948 
• Section 45 (The recovery of expenditure incurred under Part III of that Act where a
person has fraudulently or otherwise misrepresented or failed to disclose a material
fact).
• Section 48 (The protection of property of a person admitted to hospital or
accommodation provided under Part III of that Act.). 
2. Matrimonial proceedings (Children) Act 1958 
• Section 11 (Reports as to arrangements for future care and upbringing of children). 
3. The Disabled Persons (Employment) Act 1958 
• Section 3 (The making of arrangements for the provision of facilities for the purposes
set out in section 15(1) of the Disabled Persons (Employment) Act 1944). 
4. The Social Work (Scotland) Act 1968 
• Section 1 (The enforcement and execution of the provisions of the Social Work
(Scotland) Act1968.)
• Section 4 (The making of arrangements with voluntary organisations or other persons
for assistance with the performance of certain functions.)
• Section 5 (Local Authorities to perform their functions under the Act under the
guidance of the Secretary of State.)
• Section 6B (Local Authority inquiries into matters affecting children.)
• Section 8 (The conducting of or assisting with research in connection with functions in
relation to social welfare and the provision of financial assistance in connection with
such research.)
• Section 10 (The making of contributions by way of grant or loan to voluntary
organisations whose sole or primary object is to promote social welfare and making
available for use by a voluntary organisation premises, furniture, equipment, vehicles
and the services of staff.)
• Section 12 (The promotion of social welfare and the provision of advice and
assistance) except in so far as it is exercisable in relation to the provision of housing
support services.
• Section 12A (The assessment of needs for community care services, the making of
decisions as to the provision of such services and the provision of emergency
community care services.)
• Section 12AZA (The taking of steps to identify persons who are able to assist a
supported person with assessments under section 12A and to involve such persons in
such assessments.)
• Section 13 (The assistance of persons in need with the disposal of their work.)
• Section 13ZA (The taking of steps to help an incapable adult to benefit from community
care services.)
• Section 13A (The provision, or making arrangements for the provision, of residential
accommodation with nursing.)
• Section 13B (The making of arrangements for the care or aftercare of persons
suffering from illness.)
• Section 14 (The provision or arranging the provision of domiciliary services and laundry
services.)
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• Section 27 (Supervision and care of persons put on probation or released from prisons
etc.)
• Section 27ZA (Grants in respect of community service facilities.)
• Section 28 (The burial or cremation of deceased persons who were in the care of the
Local Authority immediately before their death and the recovery of the costs of such
burial or cremation) so far as it is exercisable in relation to persons cared for or
assisted under another delegated function.
• Section 29 (The making of payments to parents or relatives of, or persons connected
with, persons in the care of the Local Authority or receiving assistance from the Local
Authority, in connection with expenses incurred in visiting the person or attending the
funeral of the person.)
• Section 59 (The provision of residential and other establishments.)
• Section 78A (Recovery of contributions.)
• Section 80 (Enforcement of duty to make contributions.)
• Section 81 (Provisions as to decrees for ailment.)
• Section 83 (Variation of trusts.)
• Section 86 (The recovery of expenditure incurred in the provisions of accommodation,
services, facilities or payments for persons ordinarily resident in the area of another
Local Authority from the other Local Authority.) 
5. The Children Act 1975 
• Section 34 (Access and maintenance.)
• Section 39 (Reports by local authorities and probation officers.)
• Section 40 (Notice of application to be given to Local Authority.)
• Section 50 (Payments towards maintenance of children.) 
6. The Local Government and Planning (Scotland) Act 1982 
• Section 24(1) (The provision, or making arrangements for the provision, of gardening
assistance and the recovery of charges for such assistance.) 
7. Health and Social Services and Social Security Adjudications Act 1983 
• Section 21 (The recovery of amounts in respect of accommodation provided under the
Social Work (Scotland) Act 1968 or Section 25 of the Mental Health (Care and
Treatment) (Scotland) Act 2003.)
• Section 22 (The creation of a charge over land in England or Wales where a person
having a beneficial interest in such land has failed to pay a sum due to be paid in
respect of accommodation provided under the Social Work (Scotland) Act 1968 or
Section 25 of the Mental Health (Care and Treatment) (Scotland) Act 2003.)
• Section 23 (The creation of a charging order over an interest in land in Scotland where
a person having such an interest has failed to pay a sum due to be paid in respect of
accommodation provided under the Social Work (Scotland) Act 1968 or Section 25 of
the Mental Health (Care and Treatment) (Scotland) Act 2003.)  
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8. Foster Children (Scotland) Act 1984 
• Section 3 (Duty of Local Authority to ensure well-being of and to visit foster children.)
• Section 5 (Notification to Local Authority by persons maintaining or proposing to
maintain foster children.)
• Section 6 (Notification to Local Authority by persons ceasing to maintain foster
children.)
• Section 8 (Power of local authorities to inspect foster premises.)
• Section 9 (Power of local authorities to impose requirements as to the keeping of foster
children.)
• Section 10 (Power of local authorities to prohibit the keeping of foster children.) 
9. Disabled Persons (Services, Consultation and Representation) Act 1986 
• Section 2 (The making of arrangements in relation to an authorised representative of a
disabled person and the provision of information in respect of an authorised
representative.)
• Section 3 (The provision of an opportunity for a disabled person or an authorised
representative of a disabled person to make representations as to the needs of that
person on any occasion where it falls to a Local Authority to assess the needs of the
disabled person for the provision of statutory services by the authority, the provision of
a statement specifying the needs of the person and any services which the authority
proposes to provide, and related duties.)
• Section 7 (The making of arrangements for the assessments of the needs of a person
who is discharged from hospital.)
• Section 8 (Having regard, in deciding whether a disabled person’s needs call for the
provision of services, to the ability of a person providing unpaid care to the disabled
person to continue to provide such care.) 
10. The Children (Scotland) Act 1995 
• Section 17 (Duty of Local Authority to children looked after by them.)
• Sections 19-27 (Provision of relevant services by Local Authority for or in respect of
children in their area.)
• Sections 29-32 (Advice and assistance for young person’s formerly looked after by
local authorities; duty of Local Authority to review case of a looked after child; removal
by Local Authority of a child from a residential establishment.)
• Section 36 (Welfare of certain children in hospitals and nursing homes etc.)
• Section 38 (Short term refuges for children at risk of harm.)
• Section 76 (Exclusion orders.) 
11. Criminal Procedure (Scotland) Act 1995 
• Section 51 (Remand and committal of children and young persons.)
• Section 203 (Where a person specified in Section 27(1)(b)(i) to (vi) of the Social Work
(Scotland) Act 1968 commits an offence the court shall not to dispose of the case
without first obtaining a Report from the Local Authority in whose area the person
resides.)
• Section 234B (Drug treatment and testing order.)
• Section 245A (Restriction of liberty Orders.)
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• The Adults with Incapacity (Scotland) Act 2000
• Section 10 (The general functions of a Local Authority under the Adults with Incapacity
(Scotland) Act 2000.)
• Section 12 (The taking of steps in consequence of an investigation carried out under
section 10(1)(c) or (d).)
• Sections 37, 39-45 (The management of the affairs, including the finances, of a
resident of an establishment managed by a Local Authority.) 
12. The Adults with Incapacity (Scotland) Act 2000 
• Section 10 (The general functions of a local authority under the Adults with Incapacity
(Scotland) Act 2000.)
• Section 12 (The taking of steps in consequence of an investigation carried out under
section 10(1)(c) or (d).)
• Sections 37, 39-45 (The management of the affairs, including the finances, of a
resident of an establishment managed by a local authority.) 
13. The Housing (Scotland) Act 2001 
• Section 92 (assistance for housing purposes) only in so far as it relates to an aid or
adaptation. 
14. The Community Care and Health (Scotland) Act 2002 
• Section 4 (The functions conferred by Regulation 2 of the Community Care (Additional
Payments) (Scotland) Regulations 2002 in relation to the provision, or securing the
provision, of relevant accommodation.)
• Section 5 (The making of arrangements for the provision of residential accommodation
outside Scotland.)
• Section 6 (Entering into deferred payment agreements for the costs of residential
accommodation.)
• Section 14 (The making of payments to an NHS body in connection with the
performance of the functions of that body.) 
15. The Mental Health (Care and Treatment) (Scotland) Act 2003 
• Section 17 (The provision of facilities to enable the carrying out of the functions of the
Mental Welfare Commission.)
• Section 25 (The provision of care and support services for persons who have or have
had a mental disorder) except in so far as it is exercisable in relation to the provision of
housing support services.
• Section 26 (The provision of services designed to promote well-being and social
development for persons who have or have had a mental disorder) except in so far as
it is exercisable in relation to the provision of housing support services.
• Section 27 (The provision of assistance with travel for persons who have or have had a
mental disorder) except in so far as it is exercisable in relation to the provision of
housing support services.
• Section 33 (The duty to inquire into a person’s case in the circumstances specified in
33(2).)
• Section 34 (The making of requests for co-operation with inquiries being made under
section 33(1) of that Act.)
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• Section 228 (The provision of information in response to requests for assessment of
the needs of a person under section 12A(1)(a) of the Social Work (Scotland) Act 1968.)
• Section 259 (The securing of independent advocacy services for persons who have a
mental disorder.) 
16. Management of Offenders etc. (Scotland) Act 2005 
• Sections 10-11 (Assessing and managing risks posed by certain offenders.) 
17. The Housing (Scotland) Act 2006 
• Section 71(1)(b) (assistance for housing purposes) only in so far as it relates to an aid
or adaptation. 
18. Adoption and Children (Scotland) Act 2007 
• Section 1 (Duty of Local Authority to provide adoption service.)
• Sections 4-6 (Local Authority to prepare and publish a plan for the provision of
adoption service; Local Authority to have regard to Scottish Ministers’ Guidance and;
assistance in carrying out functions under sections 1 and 4.)
• Sections 9-12 (Adoption support services.)
• Section 19 (Local Authority’s duties following notice under section 18.)
• Section 26 (Procedure where an adoption is not proceeding.)
• Section 45 (Adoption support plans.)
• Section 47-49 (Family member’s right to require review of an adoption support plan;
cases where Local Authority under a duty to review adoption support plan and;
reassessment of needs for adoption support services.)
• Section 51 (Local Authority to have a regard to guidance issued by Scottish
ministers when preparing or reviewing adoption support plans.)
• Section 71 (Adoption allowances schemes.)
• Section 80 (Application to court by Local Authority for the making of a Permanence
Order.)
• Section 90 (Precedence of court orders and supervisions requirement over
permanence order.)
• Section 99 (Duty of Local Authority to apply for variation or revocation of a
permanence order.)
• Section 10 (Notification requirements upon Local Authority.)
• Section 105 (Notification requirements upon Local Authority where permanence
order is proposed – relates to child’s father.) 
19. The Adult Support and Protection (Scotland) Act 2007 
• Section 4 (The making of enquiries about a person’s wellbeing, property or financial
affairs.)
• Section 5 (The co-operation with other Councils, public bodies and office holders in
relation to inquiries made under section 4.)
• Section 6 (The duty to have regard to the importance of providing advocacy
services.)
• Section 7-10 (Investigations by Local Authority pursuant to duty under section 4.)
• Section 11 (The making of an application for an assessment order.)
• Section 14 (The making of an application for a removal order.)
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• Section 16 (Council officer entitled to enter any place in order to move an adult at risk
from that place in pursuance of a removal order)
• Section 18 (The taking of steps to prevent loss or damage to property of a person
moved in pursuance of a removal order.)
• Section 22 (The making of an application for a banning order.)
• Section 40 (The making of an application to the justice of the peace instead of the
sheriff in urgent cases.)
• Section 42 (The establishment of an Adult Protection
• Committee.)
• Section 43 (The appointment of the convener and members of the Adult Protection
Committee.) 
20. Children’s Hearings (Scotland) Act 2011 
• Section 35 (Child assessment orders.)
• Section 37 (Child protection orders.)
• Section 42 (Application for parental responsibilities and rights directions.)
• Section 44 (Obligations of Local Authority where, by virtue of a child protection order,
child is moved to a place of safety by a Local Authority.)
• Section 48 (Application for variation or termination of a child protection order.)
• Section 49 (Notice of an application for variation or termination of a child protection
order.)
• Section 60 (Duty of Local Authority to provide information to Principal Reporter.)
• Section 131 (Duty of implementation authority to require review of a compulsory
supervision order.)
• Section 144 (Implementation of a compulsory supervision order: general duties of
implementation authority.)
• Section 145 (Duty of implementation authority where child required to reside in a
certain lace.)
• Section 153 (Secure accommodation.)
• Sections 166-167 (Requirement imposed on a Local Authority: review and appeal.)
• Section 180 (Sharing of information with panel members by Local Authority.)
• Section 183-184 (Mutual assistance.) 
21. Social Care (Self-directed Support) (Scotland) Act 2013 
• Section 5 (The giving of the opportunity to choose a self-directed support option.)
• Section 6 (The taking of steps to enable a person to make a choice of self-directed
support option.)
• Section 7 (The giving of the opportunity to choose a self-directed support option.)
• Section 8 (Choice of options: children and family members.)
• Section 9 (The provision of information.)
• Section 10 (Provision of information: children under 16.)
• Section 11 (Giving effect to the choice of self-directed support option.)
• Section 12 (Review of the question of whether a person is ineligible to receive direct
payments.)
• Section 13 (Offering another opportunity to choose a self-directed support option.)
• Section 16 (The recovery of sums where a direct payment has been made to a person
and the circumstances set out in section 16(1)(b) apply.)
• Section 19 (Promotion of the options for self-directed support.) 
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22. Carers (Scotland) Act 2016 
• Section 6 (Duty to prepare adult carer support plan)
• Section 21 (Duty to set local eligibility criteria for carer support
• Section 24 (Duty to provide support
• Section 25 (Provision of support to carers: breaks from caring) Section 31 (Duty to
prepare local carer strategy)
• Section 34 (Information and advice service for carers)
• Section 35 (Short breaks services statements)
23. Miscellaneous 
Exercise the foregoing functions of the Council in terms of the following legislation
which relate to the services detailed in the first paragraph hereof: -
• Local Government (Scotland) Act 1973
• Local Government (Scotland) etc. Act 1994
• Local Government in Scotland 2003
• Regulation of Care (Scotland) Act 2001
• Equality Act 2010
• Human Rights Act 1998
• UN Convention on the Rights of the Child
• Children (Scotland) Act 1995
• Mental Health (Care and Treatment) (Scotland) Act 2003
• Adults with Incapacity (Scotland) Act 2000
• Children and Young People Act 2014
• Public Bodies (Joint Working) (Scotland) Act 2014
• Children (Care and Justice) (Scotland) Act 2024
• Care Reform (Scotland) Act 2025 
24. Support the Chief Social Work Officer in the discharge of his or her specific functions. 
25. On a recommendation of North Ayrshire Integration Joint Board and subject to consultation
with the Finance/Section 95 Officer of the Integration Joint Board to enter into contracts for
the supply of goods and materials, the execution of works and the provision of services
where there is adequate provision in the estimates and in accordance with the Standing
Orders for Contracts (which currently provides for letting of contracts by officers where the
expenditure is less than £1m.) or the contract is let in terms of a framework agreement to
which the Council or Integration Joint Board is a party. 
26. To lead the coordination of the Council’s response to the Prevent strand of the CONTEST
counter-terrorism strategy.  
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Chief Social Work Officer 
The Chief Social Work Officer will be part of the Health and Social Care Partnership Senior
Management Team. The duties of Chief Social Work Officer are as set out in section 12D
hereof will be undertaken by the Chief Officer so appointed. 
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11. Executive Director (Place) 
The Executive Director (Place) has overall responsibility for the following services: - 
• Neighbourhood Services including Waste Services, Roads and Engineering Services,
Streetscene. Parks and Open Spaces, and Burial Grounds 
• Sustainability, Transport and Corporate Property including Sustainability, Corporate
Transport Hub and Property Management & Investment. 
• Economic Development, Growth and Regeneration including Business Support and
Development, Regeneration, Growth and Investment, Employability and Skills and Economic
Policy. 
Waste Services 
1. Authorised to exercise the functions of the Council in respect of the collection, recycling and
disposal of Household Waste in accordance with the Environmental Protection Act 1990 and
other legislation. 
2. Authorised to exercise the functions of the Council in respect of the collection, recycling and
disposal of Commercial Waste in accordance with the Environmental Protection Act 1990
and other legislation. 
3. Specification of type of waste receptacles. 
4. Set charges for services. 
5. The removal and disposal of abandoned vehicles and other refuse in terms of the Refuse
Disposal (Amenity) Act 1978. 
Streetscene 
6. To provide burial services in terms of Burial Grounds (Scotland) Act and take all necessary
action with regard to the supervision and management of the Council’s cemeteries and burial
grounds including the sale of lairs etc. 
7. Authorised to appoint officers for the enforcement of management rules for cemeteries, war
memorials and public parks. 
8. To manage and administer the Largs Car Park Fund in accordance with Council Policy. 
9. Provision, maintenance and emptying of litter bins in terms of the Litter Act 1983 
10. To remove and dispose of abandoned vehicles and recover expenses for their removal, to
remove and dispose of refuse other than a motor vehicle and to enter land at any reasonable
time in terms of the Refuse Disposal (Amenity) Act 1978. 
11. The regulation of the use of parks, open spaces, civic spaces and pedestrian precincts,
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cemeteries and other similar facilities. 
12. The exercise of any functions of the Council required in terms of management rules approved
by the Council under the Civic Government (Scotland) Act 1982. The exercise of enforcement
powers in respect of legislation governing littering, fly tipping, fly posting, dog fouling and the
parks management rules. 
13. Authorised to appoint officers to issue fixed penalty notices for litter, dog fouling, fly tipping
and fly posting offences via any relevant departmental officers within appropriate delegated
authority. 
14. Develop and implement the Open Space Asset Management Plan. 
15. Authorised to let or arrange for letting, hire, maintenance and use of playing fields in
accordance with policies, practices and procedures and subject to the charges fixed from time
to time by the Council. 
Roads and Engineering Services 
16. To exercise the operational management of functions detailed in the following legislation, any
subordinate legislation made thereunder and any subsequent or similar legislation or replacing
or expanding legislation, including service of any notices required thereunder: - 
a. Coast Protection Act 1949,
b. Roads (Scotland) Act 1984,
c. Roads Traffic Regulation Act 1984,
d. Disabled Persons Parking (Scotland) 2009,
e. Flood Prevention (Scotland) Act 1961
f. Flood Prevention and Drainage (Scotland) Act 1997,
g. Flood Risk Management (Scotland) Act 2009,
h. Transport (Scotland) Act 2019 
i. New Roads and Street Works Act 1991 
17. Authorised, after consultation with the Chief Constable and the Chief Executive to make,
revoke or vary orders and schemes under the following legislation, providing no objections are
received: - 
a. Road Traffic Regulation Act 1984
b. Section 68, 69, 70, 71 of the Roads (Scotland) Act 1984 
18. Authorised to grant wayleaves in respect of public utilities. 
19. Authorised to carry out function of the Road Safety Officer in conjunction with the Chief
Constable. Authorised to deal with all requests for information in connection with grant
applications made under section 8 of the Railways Act 1974 (Grants to assist in the provision
of facilities for freight haulage by rail). 
20. Authorised to carry out the functions and duties of Harbour Authority and through the
appointed Roads Manager, the functions of Harbour Manager under the Harbours Act 1964,
the Millport Piers Order, and the Saltcoats Harbour Act in relation to piers, 
21. Authorised to exercise functions of the Council under section 12 of the Roads (Scotland) Act
1984 in relation to the stopping up or diversion of highways, crossing or entering routes of
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proposed new highways harbours and navigable rivers. 
22. Authorised after consultation with the Chief Executive to agree terms for bridge agreements
with the relevant Railway body and terms of discharge of the Councils liability for annual
maintenance and renewal charges in that connection. 
23. Authorised after consultation with the Chief Constable to consider and, where acceptable in
road safety terms, approve locations for advertisements    on road safety barriers and similar
structures subject to the necessary consents being obtained in respect of Planning Approval. 
24. Authorised to make arrangements for the management of car parks etc including granting
their use or part thereof to other persons and bodies, and the imposition or waiving of charges
for such use. 
25. To carry out the functions of the Council in terms of Section 4, 5, 8, 12 and 25   of the Coast
Protection Act 1949. 
26. Authorised in terms of the Health and Safety at Work Act 1974 and the Electricity at Work
Regulations 1989 to carry out all duties set out in the statements of responsibilities for (health,
safety and welfare in places of work) and the general statement of policy and health and
safety at work issued in 1985 as amended. 
27. Authorised to respond to consultation for applications for planning development control where
these relate to roads and flooding issues. 
28. Carry out the functions of the Council under the Transport (Scotland) Act 2005 and associated
legislation and amendments, including enforcement and imposition of penalties as prescribed
in the Act and the relevant Code of Practice 
29. Develop and implement the Roads Asset Management Plan in accordance with Council
policy. 
Property Management & Investment 
30. Develop and implement the Housing Asset Management Plan. 
31. Manage and implement work programmes contained within the HRA business plan
to ensure that housing stock meets the Scottish Housing Quality Standard and
Energy Efficiency Standards for Social Housing, wherever practicable. 
32. Manage and implement planned maintenance and improvement programmes
contained within the HRA Business Plan. 
33. Manage and implement major capital projects contained in the HRA Business Plan. 
34. Monitor and report on HRA capital budgets related to property related projects and
programmes. 
35. Providing a factoring service for purchasers of Council houses and recovering
appropriate charges. 
36. Ensuring proper arrangements are in place in respect of statutory compliance for
housing properties in relation to issues such as asbestos, gas safety, electrical
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testing, legionella etc. 
37. Maintain and update the Council’s housing property asset management system. 
In respect of corporate assets: 
38. Develop and implement the Council Property Asset Management Strategy and
Property Asset Management Plan in accordance with Council Policy. 
39. Subject to the Council’s Standing Orders relating to contracts, to arrange for the
demolition and clearance of buildings declared surplus by the Council where this is
considered to be in the best interests of the Council. 
40. Apportion office accommodation amongst Council services and to arrange for any
necessary alterations or adaptations to such accommodation. 
41. Ensure proper arrangements are in place in respect of statutory compliance in
relation to issues such as asbestos, gas safety, electrical testing, legionella etc. 
42. Ensure proper arrangements are in place in respect of reactive management. 
43. Manage and implement measured term contracts in respect of reactive, planned,
and preventative maintenance, and property related statutory compliance matters. 
44. Manage and implement major capital and revenue projects where capital and
revenue budgets are in place. 
45. Manage and implement the Council’s Design Build Finance and Maintain (DBFM)
contract in respect of Largs Campus. 
46. Monitor and report on capital and revenue property related budgets. 
47. Maintain and update the Council’s corporate property asset management system. 
48. In respect of the Council’s property portfolio including properties held or to be
acquired under the Housing revenue Account and consisting of land, buildings and
all heritable assets including way leaves, servitudes, licences and agricultural
grazing land, to authorise all purchases and sales up to the value of THREE
HUNDRED THOUSAND POUNDS (£300,000) or leases with an annual rent of
ONE HUNDRED AND TWENTY THOUSAND POUNDS (£120,000), renewals of
leases in accordance with the Council’s Estate Management Policy, Standing
Orders Relating to Contracts, any scheme of sub-delegation prepared by the
Executive Director setting out the level of employee able to authorise particular
transactions, and the provisions of the Local Government (Scotland) Act 1973,
regulations made thereunder and all relevant statutory provisions.  
49. Agree sub-leases and assignations of leases on receipt of statutory references on
completion of appropriate checks to ensure suitability of the incoming tenant. 
50. In respect of leases, sub-leases and assignations referred to above to consent to
rent free periods. 
51. Terminate leases at their natural expiry date and at any break point detailed in
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lease agreement and to agree terms for the renunciation of leases prior to their
natural expiry. 
52. Agree leases rentals at review periods. 
53. Agree to extensions and variations to existing lease agreements, subject to the
extensions or variations not extending the term of the existing lease by a period in
excess of 10 years. 
54. Authorised where arrears of rent have risen to instruct the Head of Democratic
Services to raise appropriate action necessary in order to recover the arrears
and/or to secure vacant position of the heritable property and if any other term of
lease has been breached, to instruct the Head of Democratic Services to use the
standard breach of contract remedies available which they consider appropriate. 
55. Proceed with the repairs to land, commercial and industrial premises in the
ownership of the Council subject to budget provisions. 
56. Enter into wayleaves, servitudes and leases with statutory bodies and other
providers of utility services and telecommunication services who require rights over
land for particular purposes. 
57. Negotiate and settle all claims arising from the exercise of the Council’s powers to
enter upon and take land in exercise of statutory powers. 
58. Determine requests for rent abatement for non-domestic properties. 
59. Provide landlord’s consent on sub-leases to Council owned land and properties and
to authorise contributions to capital incentive packages up to a value of £75,000 if
within budget provision. 
60. Authorising the development of commercial development opportunities on land and
assets owned by the Council. 
Council’s Commercial Property Portfolio 
61. In respect of the Council’s commercial property portfolio (to include designated
industrial, office, commercial and retail space), to authorise all purchases and sales
up to the value of THREE HUNDRED THOUSAND POUNDS (£300,000) or leases
with an annual rent of ONE HUNDRED AND TWENTY THOUSAND POUNDS
(£120,000), renewals of leases, rent reviews, rent free periods and assignations of
sub  leases in accordance with the Council’s Estates Management Policy, Standing
Orders Relating to Contracts, any scheme of sub-delegation prepared by the
Executive Director setting out the level of employee able to authorise particular
transactions, and the provisions of the Local Government (Scotland) Act 1973 and
regulations made thereunder. 
62. Authorised to agree commercial property sub-leases and assignations of leases on
receipt of statutory references on completion of appropriate checks to ensure
suitability of the incoming tenant. 
63. Authorised in respect of commercial property leases and sub-leases to consent to
rent free periods.
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64. Authorised to terminate commercial leases at their natural expiry date and at any
break point detailed in lease agreement and to agree terms for the renunciation of
leases prior to their natural expiry. 
65. Authorised to agree commercial leases rentals at review periods. 
66. Authorised to agree to extensions and variations to existing commercial lease
agreements, subject to the extensions or variations not extending the term of the
existing lease by a period in excess of 10 years. 
67. Authorised where arrears of rent have risen to instruct the Head of Democratic
Services to raise appropriate action necessary in order to recover the arrears
and/or to secure vacant position of the heritable property and if any other term of
lease has been breached, to instruct the Head of Democratic Services to use the
standard breach of contract remedies available which she/he considers
appropriate. 
68. Authorised to proceed with the repairs to land, commercial and industrial premises
in the ownership of the Council subject to budget provisions. 
69. Authorised to determine requests for rent abatement for commercial properties and
tenants. 
70. Authorised to provide landlords consent on sub-leases to Council owned
commercial properties and to authorise contributions to capital incentive packages
up to a value of £75,000 if within budget provision. 
71. Authorised to develop new commercial property proposals and enter associated
development agreements. 
Sustainability 
72. To monitor the energy performance of buildings in terms of the Energy Performance or
Buildings (Scotland) Regulations 2008. 
73. To undertake Council functions relating to carbon reduction and climate control in terms of
the Climate Change (Scotland) Act 2009 amended by the Climate Change (Emissions
Reduction Targets) (Scotland) Act 2019. 
Transport Hub 
74. To sell or dispose of surplus vehicles and plant belonging to the Council subject to the
Council’s Standing Orders for Contracts and appropriate policies. 
75. Develop and implement the Council's Fleet Asset Management Plan. 
76. Oversee: - 
• The Corporate Transport Hub including carrying out of repair to vehicles, plant,
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mechanical equipment as well as the operation of maintenance schedules;
• The replacement of vehicles, plant and mechanical equipment in accordance with
the Council’s Fleet Asset Management Plan in consultation with the appropriate
Chief Officers and to act as the Council’s Transport Officer 
77. To sign agreement forms for rental, hire or leasing of items of equipment where the rental or
hire charge does not exceed £150,000pa in accordance with the Council’s Standing Orders
for Contracts and appropriate policies. 
78. To operate a MOT Testing Station and garage for the repair and testing of vehicles owned or
licensed by the Council. 
79. To provide school transport in terms of section 32 of the Local Government etc. (Scotland)
Act 1994, the Education (Scotland) Act 1996, the Standards in Schools etc. (Scotland) Act
2000. 
80. Act as a Transport Manager under the Councils operator’s licence obligations and
responsible for making sure that: 
• Drivers have a valid licence and vehicles are taxed, have a valid MOT and are
insured at all times;
• Vehicles are properly maintained and fit and serviceable at all times;
• Vehicles are loaded safely and not overloaded;
• Work is arranged so that drivers do not break drivers’ hours rules or have to speed;
• Authorised to make application for extensions to the operator’s licence to the vehicle
licensing authority or any other decisions necessary to ensure the legal operation of
the Council’s fleet 
81. To fulfil the requirements of the Transport Act 1968 and the Goods Vehicles (Licensing of
Operators) Act 1955 in relation to any Operator’s Licence including: 
• Section 8 of the Goods Vehicles (Licensing of Operators) Act 1995 to apply for and
publicise notice of the application for an operator’s licence;
• Section 17 of the Goods Vehicles (Licensing of Operators) Act 1995 to apply for
variations to an operator’s licence;
• Section 95 of the Transport Act 1968 and subordinate legislation made thereunder to
ensure that requirements relating to drivers’ hours are complied with; and
• Section 98 of the1968 Act and the subordinate legislation made thereunder to ensure
that requirements relating to the keeping of written records for drivers’ hours are
complied with 
82. Authorised Examiner Designated Manager on behalf of the Council’s approval to act as an
MOT test station, and all MOT tests must be carried out following the rules in: 
• Section 45 of the Roads Traffic Act 1988
• The Motor Vehicles (Tests) Regulations
• The MOT inspection manual
• The MOT testing guide
• The requirements for authorisation
• Supplementary information DVSA issues from time to time, that’s applicable at the
time of test and All MOT tests must be carried out
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83. To inspect and test taxis and private hire vehicles in line with the Council’s licensing
standards. 
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Economic Development 
84. To lead and support the development and implementation of the Ayrshire
Regional Economic Strategy. 
85. To develop Community Wealth Building Strategy and activity across the 5 pillars –
Fair Work, Plural Ownership of the economy, Land & Assets, Financial and
Procurement locally and regionally. 
86. To commission and provide economic research, strategy and evidence to support
the development of Council and partnership strategies and policy. 
87. To participate in research and studies. 
88. To develop economic strategy for the Council and partners. 
89. To develop the ambitions for Community Wealth Building (CWB) including
supporting the work of the Ayrshire CWB Commission and Expert Panel. 
90. To promote the economic needs of North Ayrshire to influence and inform future
government policy and priorities. 
91. To lead the development of economic development programmes and projects with
appropriate partners which support the Council’s economic priorities. and to
secure funds from government and other external funding sources, including the
Levelling Up Fund, Shared Prosperity Fund and their successors. 
92. To manage European and Government Funding including the Levelling Up Fund
and the Shared Prosperity Fund) funded programmes and ensure that delivery is
compliant with the terms of the funding agreement and Scottish or UK
Government rules. 
93. To authorise and apply for external funding that supports the development of a
wellbeing economy, economic development, growth or regeneration of North
Ayrshire. 
94. To authorise grants and loans to support growth, sustainment and development of
local businesses and organisations and in accordance with the objectives of the
North Ayrshire Community Wealth Building Strategy, Regeneration Delivery Plan,
and the Ayrshire Regional Economic Strategy. 
95. To lead the business case development and project management of Ayrshire
Growth Deal regional revenue projects on behalf of the three Councils including:
Working for a Healthy Economy, Community Wealth Building, Ayrshire Skills
Investment Fund and Fair Work Ayrshire. 
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Employability and Skills 
96. To develop and manage the Employability and Skills Services of the council,
including entering into contracts with third party providers and potential employers
and to offer employment related advice and assistance. 
97. To develop and manage the Council’s Modern Apprentice programme, Supported
Employment Programme, Skills for Life programmes and other employability
programmes supporting people into and sustaining employment in the Council
and or other employers. 
98. To manage funded employability programmes, including entering into contracts
with third party providers and to offer money and household budgetary related
advice and assistance. 
Business Support and Development 
99. To authorise and provide grants within budget parameters to support business
start-up, growth and sustainability. 
100. To manage the Council’s business loan programme via West of Scotland Loan
Fund and Business Loans Scotland. 
101. To deliver the services as set out in the Scottish Government approved Business
Gateway Contract for North Ayrshire. 
102. To respond to inward investment enquiries that have potential to bring new jobs to
North Ayrshire. 
103. To promote North Ayrshire and its specific sites and locations for new business
investment. 
Regeneration 
104. To promote economic development and regeneration within North Ayrshire, 
working with local stakeholders and national agencies or bodies who can help deliver
investment priorities through funding or policy support. 
105. To develop and implement significant physical interventions within town centres  
including for leisure, employment and other activities that may generate new activity
and investment, focusing on town centres or other identified priorities such as our
major Harbours 
106. To develop and implement local regeneration projects in line with the Regeneration
Delivery Plan and relevant strategies including Conservation Area Regeneration
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Schemes, shopfront improvement schemes, public realm schemes and area based
masterplans. 
107. To develop proposals and authorise applications for external funding subject to 
budget being available for any required match-funding. 
108. To authorise grants, where supported by existing budgets for community led 
regeneration projects, listed buildings, properties in conservation areas and externally
supported schemes. 
109. To authorise grants within policy and budget for improvements to the landscape and
environment. 
110. To develop and implement the Vacant and Derelict Land Strategy. 
111. To develop proposals and authorise the expenditure of Vacant and Derelict Land 
Funding and Place Based Investment Programme, and their successors, secured from
the Scottish Government. 
112. To implement the Council’s statutory responsibilities and powers under Part One of the
Land Reform (Scotland) Act 2003. 
113. To promote outdoor access, active travel and sustainable travel within North Ayrshire. 
114. To develop and implement the Local Transport and Active Travel strategy including 
implementation of active travel and transport projects. 
115. To construct and maintain paths, to produce a Core Paths Plan and other duties in 
terms of the Land Reform (Scotland) Act 2003. 
116. Assert and protect rights of way in terms of the Countryside (Scotland) Act 1967 and 
access rights in terms of the Land Reform (Scotland) Act 2003. 
117. Authorise Access Right Exemption Orders in terms of section 11 of the Land Reform 
(Scotland) Act 2003 where the period of exemption is 5 days or less in consultation
with the Head of Democratic Services. 
118. Authorise and apply for grants within policy and budget to improve access to funding. 
119. To exercise the strategic planning of functions detailed in the following legislation, any
subordinate legislation made thereunder and any subsequent or similar legislation or
replacing or expanding legislation, including service of any notices required thereunder: -
• Roads (Scotland) Act 1984
• Transport Scotland Act 2019
• Security for Private Road Works (Scotland) Regulations 1985 
120. Authorised to respond to consultation for applications for planning development 
control where these relate to roads and active travel. 
121. Carry out the functions of the Council under the Transport (Scotland) Act 2019 
and associated legislation and amendments, including enforcement and imposition
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of penalties as prescribed in the Act and the relevant Code of Practice. 
122. Issue and otherwise deal with road construction consents and road bonds in 
terms of section 21 of the Roads (Scotland) Act 1984 and the Security for Private
Road Works (Scotland) Regulations 1985. 
123. To support the development of Business Improvement Districts. 
124. To develop digital renewal projects and programmes. 
125. Authorised in terms of the Health and Safety at Work Act 1974 to carry out all duties
set out in the statements of responsibilities for (health, safety and welfare in places
of work) and the general statement of policy and health and safety at work issued in
1985 as amended. 
126. Authorised where appropriate to enter objections on behalf of the Council to
applications for goods of vehicles operator’s licences under section 93 of the
Transport Act 1968. 
Growth and Investment 
127. To promote the Ayrshire Growth Deal including developing business cases for
investment.
128. To provide strategic leadership to effectively maximise the opportunity of the
Ayrshire Growth Deal, in particular the North Ayrshire strategic projects: Hunterston,
i3, Great Harbour, Marine Tourism and Building Digital Capital.
129. To develop and implement i3’s investment strategy and plans.
130. To provide strategic leadership to explore and maximise investment to support
economic growth.
131. To lead and develop effective strategic partnerships locally, regionally and
nationally.
132. To develop and deliver tourism strategy and plans which takes account of North
Ayrshire’s key attributes and to consult with industry and community partners to
develop, agree and deliver these priorities.
133. To develop and deliver tourism projects and proposals.
134. To develop proposals and authorise applications for external funding in support of
delivery of tourism strategy and plans and the development of the coastal economy.
135. To develop investment and regeneration plans for the Great Harbour, Irvine.
136. To develop investment plans to support marine tourism in key locations.
137. To develop tourism events.
138. To promote the Ayrshire Growth Deal including development of business cases for
investment.
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139. To identify and promote opportunities for commercial investment linked to our
tourism and coastal regeneration priorities. 
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12. DUTIES OF STATUTORY OFFICERS
A. HEAD OF PAID SERVICE
The Head of Paid Service is a statutory appointment by virtue of Section 4 of the Local
Government and Housing Act 1989. The Council has resolved that the Head of Paid
Service is the Chief Executive. 
Although a statutory appointment, the law does not require the Head of Paid Service to
hold any specific qualifications. However, the post holder is expected to have appropriate
leadership, communication and interpersonal skills and qualities of integrity and impartiality
in order to deliver the statutory objectives of the post. 
By virtue of section 2(1)(a) of the 1989 Act, the post of Head of Paid Service is designated
as a politically restricted post and accordingly is included in the list of such posts required
to be maintained by the Council. 
Delegations to the Post 
The overall powers of the Council’s Head of Paid Service are: 
a) To ensure the effective co-ordination of the discharge by the authority of its different
functions.
b) To assess the number and grades of employees required by the authority for the
discharge of its functions.
c) To ensure the effective organisation of the authority’s employees.
d) To ensure that proper arrangements are in place for the appointment and proper
management of the authority’s employees.
e) To make a statutory report to the full Council where considered appropriate to do so in
respect of the matters in (a) to (d) above. 
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B. MONITORING OFFICER
The Monitoring Officer is a statutory appointment by the Council by virtue of Section 5 of
the Local Government and Housing Act. The Council has resolved that the Monitoring
Officer is the Head of Democratic Services. North Ayrshire Integration Joint Board has also
resolved that the Head of Democratic Services will have a similar role as its Standards
Officer under the Ethical Standards in Public Life etc. (Scotland) Act 2000. 
By virtue of Section 5(7) of the 1989 Act, the duties of the Monitoring Officer must be
carried out personally by them or, where they are unable to act owing to absence or illness,
personally by such member of their staff nominated by them as their deputy. 
By virtue of Section 2(1)(e) of the 1989 Act, the post of Monitoring Officer is designated as
a politically restricted post and accordingly is included in the list of such posts required to
be maintained by the Council. 
Although a statutory appointment, the law does not require the Monitoring Officer to hold
any specific qualification, and in particular, they do not require to be a solicitor or advocate.
However, the recommendation of Audit Scotland is that the post holder should be in a
position of sufficient seniority within the Council to enable them to carry out their statutory
responsibilities effectively. 
This means that, irrespective of the substantive post which the Monitoring Officer holds in
the Council, they will either be a member of the Council’s Executive Leadership Team, or
have direct access to the Council’s Chief Executive, Executive Directors, Heads of Service
and Legal Services Manager as they see fit. 
Delegated to the Post 
The overall powers of the post are: - 
a) To ensure that the Council complies with the requirements of the law and any
statutory Codes of Practice relevant to the carrying out of the Council’s duties and the
delivery of the Council’s services.
b) To ensure that, where any contravention of the law, Code of Practice or corporate
governance system has arisen, or is likely to, appropriate advice is given to the Chief
Executive and relevant senior officers of the Council regarding the mitigation,
rectification or prevention of such contraventions.
c) To draw to the attention of the Provost or any Convener, any motion or amendment
which may contravene any law or code of procedure in order that the Provost or
Convener can determine whether the motion or amendment will be considered by
Council, committee etc.
d) To make a statutory report to the full Council regarding any breach or potential breach
of the law or statutory code of practice by the Council where it proves impossible to
rectify or prevent such breach.
e) To act as the Council’s point of contact by the Public Standards Commissioner for
Scotland and the Standards Commission for Scotland regarding complaints
concerning alleged breaches of the Councillors’ Code of Conduct.
f) To carry out such investigations as the Chief Executive may determine as relevant to
the Monitoring Officer’s role.
g) To obtain, at their discretion, the opinion of Counsel or external solicitors on any
matter relevant to the Monitoring Officer’s role. 
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h) To provide appropriate advice to Elected Members and Council officers regarding the
promotion of high standards of conduct and ensure that suitable training is given
regarding compliance with the Code of Conduct for Councillors.
i) To carry out such other duties compatible with the role of the Monitoring Officer as the
Council may delegate, or as the Chief Executive may request, such as the
investigation of a complaint to the Council alleging breach of the Councillors’ Code of
Conduct. 
Corporate Rights 
The Monitoring Officer has the following rights in respect of the carrying out of their
statutory role: - 
• To have unqualified access to any information held by the Council and to any Officer
of the Council who can assist in the discharge of their statutory role.
• To have access to all reports to the Council, its Committees, Sub-Committee, Joint
Boards, Joint Committees and Working Groups, as he or she sees fit. 
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C. PROPER OFFICER for FINANCIAL ARRANGEMENTS (Chief Financial or
Section 95 Officer) 
The Proper Officer for Finance Arrangements is a statutory appointment by virtue of
Section 95 of the Local Government (Scotland) Act 1973 which requires local authorities to
make arrangements for the proper administration of their financial affairs and appoint a
Chief Financial Officer (CFO) to have responsibility for those arrangements. The Council
has resolved that the proper officer is the Head of Service (Finance). 
By virtue of section 2(1)(b) and (6)(d) of the Local Government and Housing Act 1989, the
post of CFO is designated as a politically restricted post and accordingly is included in the
list of such posts required to be maintained by the Council. 
In Scotland, there is no statutory requirement for the CFO to be a member of a specified
accountancy body. 
Delegated to the Post 
The overall powers of the CFO post are: 
a) To lead the promotion and delivery by the whole authority of good financial
management so that public money is safeguarded at all times and used appropriately,
economically, efficiently and effectively.
b) To lead and direct a finance function that is resourced and fit for purpose.
c) To manage the Council’s financial resources to ensure the delivery of strategic
objectives.
d) To be actively involved in, and able to bring influence to bear on, all material business
decisions to ensure immediate and longer-term implications, opportunities and risks
are fully considered, so that there is alignment with the authority’s overall financial
strategy.
e) Corporate Accounting Arrangements – ensuring adequate systems of accounting
control are maintained throughout the Council and that services conform with Council
policy, legislation and codes of practice.
f) Financial Regulations – maintaining a continuous review and submitting any changes,
other than of a minor nature, to the Council’s Cabinet for approval.
g) General Service Capital Budget and General Fund Revenue Budget – preparing and
monitoring in accordance with Financial Regulations.
h) Housing Revenue Account and Capital Budget- preparing and monitoring in
accordance with Financial Regulations.
i) Administration of the Sundry Debtors System.
j) Internal Audit - examination of the accounting, financial and other operations of the
Council.
k) Banking and Insurance Arrangements.
l) Signing Operating and Finance Leases.
m) Treasury Management - ensure that the Council’s annual Treasury Management Plan
complies with the Treasury Management Code, The CIPFA Prudential Code for
Capital Finance in Local Authorities (the Prudential Code) and the Local Government
Investments (Scotland) Regulations 2010.
n) Payment Processing and Supplier Invoice Administration – In accordance with the
Late Payments and Commercial Debts Act 1998.  
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D. CHIEF SOCIAL WORK OFFICER 
The Chief Social Work Officer is a statutory appointment by virtue of Section 3 of the Social
Work (Scotland) Act 1968. 
The Chief Social Work Officer is appointed for the purposes of the Council's functions
under the 1968 Act and under those other enactments listed in Section 5(1B) of that Act. In
broad terms, those functions cover all social work and social care services whether
provided directly by the Council, are delegated to the North Ayrshire Integration Joint
Board, are delivered by North Ayrshire Health and Social Care Partnership or another
Health and Social Care Partnership on a Lead basis, in partnership with other agencies, or
procured by the Council and provided by others on its behalf. Those functions are referred
to in this document as “social work services”. 
The qualifications required for the post are set out in the Qualifications of Chief Social Work
Officers (Scotland) Regulations 1996 (S.I. 1996/515 (1996/49). 
The Chief Social Work Officer is required by section 5(1) of the 1968 Act to carry out the
duties of the post under statutory guidance of the Scottish Ministers. The Scottish Ministers
issued revised and finalised guidance in May 2016.
http://www.gov.scot/Publications/2016/07/3269/0 
To take any necessary action on behalf of the Council in terms of the Social Work
(Scotland) Act 1968, the Mental Health (Scotland) Act 1984, the Children (Scotland) Act
1995, the National Health Service and Community Care Act 1990, the Adults with
Incapacity (Scotland) Act 2000, the Housing (Scotland) Act 2001, the Community Care and
Health (Scotland) Act 2002, the Homelessness (Scotland) Act 2003, the Mental Health
(Care and Treatment) (Scotland) Act 2003, the Adoption and Children (Scotland) Act 2007
or generally any legislation concerning the Council’s functions relating to the provision of
Social Care Services. 
The Chief Social Work Officer is a "proper officer" of the Council in relation to its social
work functions. By virtue of section 2(1)(b) and (6)(c) of the Local Government and Housing
Act 1989, the post is designated as a politically restricted post, and accordingly, is included
in the list of such posts required to be maintained by the Council. 
Delegated to the Post 
The duties of the Chief Social Work Officer post are: - 
1. To promote values and standards of professional practice, including all relevant
national Standards and Guidance, and ensure adherence with the Codes of Practice
issued by the Scottish Social Services Council for social service employers. 
2. To work with Human Resources and responsible senior managers to ensure that all
social service workers practice in line with the SSSC’s Code of Practice and that all
registered social service workers meet the requirements of the regulatory body; 
3. To establish a Practice Governance Group or link with relevant Clinical and Care
Governance arrangements designed to support and advise managers in maintaining
and developing high standards of practice and supervision in line with relevant
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guidance, including, for example, - the Practice Governance Framework:
Responsibility and Accountability in Social Work Practice (SG 2011); 
4. To ensure that the values and standards of professional practice are communicated
on a regular basis and adhered to and that local guidance is reviewed and updated
periodically. 
5. To monitor and make appropriate arrangements for Mental Health Officers under the
Mental Health Acts (approval as Mental Health Officers is restricted to those members
of staff who have satisfactorily completed the approved training course in alignment
with professional standards and statutory requirements) 
6. To provide professional leadership for social workers and staff in social work services
and: - 
a) To support and contribute to evidence-informed decision making and practice –
at professional and corporate level – by providing appropriate professional
advice;
b) To seek to enhance professional leadership and accountability throughout the
organisation to support the quality of service and delivery;
c) To support the delivery of social work’s contribution to achieving local and
national outcomes;
d) To promote partnership working across professions and all agencies to support
the delivery of integrated services;
e) To promote social work values across corporate agendas and partner agencies;
f) Lead a learning and development function which supports qualified staff and
ensures a robust workforce plan for the social care profession with the capacity
and skills to deliver on statutory duties. 
7. To provide advice and contribute to decision-making in the Council and Health and
Social Care Partnership in the context of: - 
a) Effective governance arrangements for the management of the complex balance of
need, risk and civil liberties, in accordance with professional standards;
b) Appropriate systems required to 1) promote continuous improvement and 2)
identify and address weak and poor practice;
c) The development and monitoring of implementation of appropriate care
governance arrangements;
d) Approaches in place for learning from critical public protection incidents, which
could include through facilitation of local authority involvement in the work of Child
Protection Committees, Adult Support and Protection Committees and Offender
Management Committees where that will result in the necessary learning within
local authorities taking place;
e) Requirements that only registered social workers undertake those functions
reserved in legislation or are accountable for those functions described in
guidance;
f) Workforce planning and quality assurance, including safe recruitment practice,
probation/mentoring arrangements, managing poor performance and promoting
continuous learning and development for staff;
g) Continuous improvement, raising standards and evidence-informed good practice,
including the development of person-centred services that are focussed on the
needs of people who use services and support;
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h) The provision and quality of practice learning experiences for social work students
and effective workplace assessment arrangements, in accordance with the SSSC
Code of Practice for Employers of Social Service Workers;
i) Assist the Integration Joint Board (IJB) to understand the CSWO role in the context
of the integration of health and social care services and in understanding the
complexities and cross cutting nature of social work service delivery 
8. Decisions in relation to: - 
a) In terms of the Secure Accommodation (Scotland) Regulations 2013 whether to
implement a secure accommodation authorisation in relation to a child (with the
consent of a head of the secure accommodation), reviewing such placements and
removing a child from secure accommodation if appropriate;
b) The transfer of a child subject to a Supervision Order in cases of urgent necessity
c) On behalf of the local authority, acting as guardian to an adult with incapacity where
the guardianship functions relate to the personal welfare of the adult and no other
suitable individual has consented to be appointed;
d) Decisions associated with the management of drug treatment and testing orders
e) Carrying out functions as the appropriate authority in relation to a breach of supervised
release order, or to appoint someone to carry out these functions and;
f) Joint arrangements in co-operation with other authorities under the 2014 guidance on
Multi Agency Public Protection Arrangements (MAPPA). 
Corporate Responsibilities 
The Chief Social Work Officer has the following corporate powers which require direct
access to the Council's Chief Executive and Elected Members, and the provision of
forthright and independent advice to them: - 
• To ensure compliance with the Council’s statutory duties to prepare, publish and
review plans for the provision of social work services.
• To promote, communicate, support and review values and standards of professional
practice, and to ensure that they are adhered to.
• To establish, in conjunction with the Council's Executive Leadership Team,
appropriate experience and qualified cover for the post of Chief Social Work Officer
during the post-holder's absence or incapacity.
• To report to the Chief Executive any failure in the Council's corporate policy or
governance arrangements designed to reflect the proper balance amongst need, risk
and civil liberties in the provision and management of social work services.
• To report to the Chief Executive any weaknesses and failures in the systems in place
to promote good practice and identify and address poor practice in the provision of
social work services.
• To report and provide independent comment where necessary to the Chief Executive
and Elected Members on the findings of significant case reviews and relevant
performance reports and on any other social work- related issues.
• To provide an annual report to the Council on all of the statutory, governance and
leadership functions of the role of the Chief Social Work Officer. 
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88 
Document Control Summary:-
Location: I:\Committee Services\Publications\03 Scheme of Delegation to Officers
Last Revised: Revised By Nature of Revision
May 2022 AC Created for New Administration
May 2023 AC Annual Review
September
2024
AC Annual Review and reflects change in directorate structure.
September
25
AC Annual Review 
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NORTH AYRSHIRE COUNCIL 
17 September 2025 
North Ayrshire Council 
Title:    Other Key Governance Documents 
Purpose:  To approve other key governance documents regulating the
operation of the Council, its Committees and Officers 
Recommendation:  That the Council agrees:
(i) to approve, with effect from 18th September 2025:
(ii) the Guidelines on Member/Officer Relations, attached at
Appendix 1;
(iii) the Standing Orders for Contracts, attached at Appendix 2;
and
(iv) the Financial Regulations and Codes of Financial Practice,
attached at Appendix 3. 
1. Executive Summary 
1.1 This report seeks approval by Council of the other key governance documents which
regulate the operation of the Council, its Committees and Officers which have been
reviewed as part of the annual review of governance documents. These are as follows: 
• Guidelines on Member/Officer Relations;
• Standing Orders for Contracts and
• Financial Regulations and Codes of Financial Practice 
2. Background 
2.1 Audit Scotland in their report “Roles and working Relationships – Are you Getting it
Right?” and follow up reports, stressed the importance of having governance
arrangements that are fit for purpose and up-to-date. They note that such documents
are critical in clarifying roles, responsibilities and expected behaviour and should be
reviewed regularly. The documents have therefore been subject to annual review. 
Guidelines on Member/Officer Relations 
2.2 The Guidelines on Member/Officer Relations set out the way in which Members and
Officers of the Council should behave towards one another. They define the roles and
responsibilities of Members and Officers and incorporate the model Protocol for
Relations between Councillors and Employees, which comprises Appendix A of the
Agenda Item 9.4
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Councillors Code of Conduct. The previous Guidelines were found to be fit for purpose
and no significant changes have been made to them.  
Standing Orders Relating to Contracts 
2.3 The Council’s procurement rules are set put in the Standing Orders relating to
Contracts. The Main revisals which have been made to the previous Contract
Standing Orders are: 
• Review of exemptions which has resulted in removal of those that do not apply
(having regard to the regulations) and inclusion of those that do apply.
• Streamlining of document for ease of use including repositioning sections and
removal of superfluous text.
• Updating statutory and regulatory provisions and thresholds.
• Specification of procedures, thresholds and that any variation of model form contracts
require the specific approval of Legal Services.
• Correction of typographical errors, duplication and formatting. 
Financial Regulations and Codes of Financial Practice 
2.4 The Financial Regulations and Codes of Financial Practice set out the expectations and
responsibilities of Elected Members and Officers in relation to the proper administration
of the Council’s finances, as well as authorising the role of Internal Audit and its rights
of access across the Council. They are supported by Codes of Financial Practice
(COFP) which provide more detail on the requirements of the Council in relation to
specific areas such as revenue and capital finance, treasurer management, risk and
insurance and asset management. 
2.5 The Financial Regulations and Codes of Financial practice have been reviewed,
updated to reflect current dates and found to be fit for purpose with no significant
changes made. 
3. Proposals 
3.1 Council is invited (a) to approve with effect from 18th September 2025: 
(i) the Guidelines on Member/Officer Relations, attached at Appendix 1 
(ii) the Standing Orders for Contracts, attached at Appendix 2 and 
(iii) the Financial Regulations and Codes of Financial Practice, attached at Appendix
3 (comprising the Financial Regulations 2025 and Codes of Financial Practice
2025). 
4. Implications/Socio-economic Duty 
Financial 
4.1 Approval of the key governance documents is an essential component of the Council’s
financial governance arrangements. 
Human Resources
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4.2 None arising from the recommendations of this report. 
Legal 
4.3 Approval of the key governance documents in an essential component of the Council’s
legal and administrative arrangements. 
Equality/Socio-economic 
4.4 None arising from the recommendations of this report. 
Climate Change and Carbon 
4.5 None arising from the recommendations of this report. 
Key Priorities 
4.6 Clear, transparent governance arrangements promote good decision making. In turn,
this supports the achievement of the Council’s key priorities. 
Community Wealth Building 
4.7 None arising from the recommendations of this report. 
Islands Communities Impact Assessment (ICIA) 
4.8 None arising from the recommendations of this report. 
United Nations Rights of the Child (UNCRC) 
4.9 None arising from the recommendations of this report. 
Consumer Duty 
4.10 None arising from the recommendations of this report. 
5. Consultation 
5.1 Executive Directors and relevant Officers have been consulted as required. 
Craig Hatton
Chief Executive 
For further information please contact Aileen Craig, Head of Democratic Services, on
01294 432 125. 
Background Papers
None
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Appendix 1
3 
Contents 
September 2025 
Guidelines are a positive tool to aid relations between Members and officers.
The key guiding principles are for officers and Members to:
▪ Work and communicate effectively with one another
▪ Act within the law and the Standing Orders of the Council
▪ Behave with mutual courtesy and respect
▪ Adopt a constructive approach to resolving differences and difficulties
▪ Work in the interests of North Ayrshire as a whole 
The Guidelines also give advice on what to do when problems occur. 
1.  Introduction  Pg 4
2. Who is affected? Pg 4
3. The Role of Elected Members Pg 4
4. The Role of Officers Pg 5
5. Personal Conduct Pg 6
6. Access to Information and Data Protection Pg 8
7. Access to Advice Pg 11
8. The Council as Employer Pg 13
9. Monitoring the Performance of Officers Pg 15
10. Support to Officers Pg 17
11. Support Services to Members and Party Groups Pg 17
12. Multi-Member Wards Pg 18
13. Meetings and Correspondence Pg 19
14. Media Relations Pg 19
15. Review of the Guidelines Pg 20
Guidelines for Member/Officer Relations
(incorporating the Protocol on Member/Officer Relations from the
Councillors’ Code of Conduct)
Why Have Guidelines?
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Appendix 1
4  
1.1 These Guidelines set out the way in which Members and officers of the
Council should behave towards one another. They define the roles and
responsibilities of Members and officers. They cannot cover every eventuality
but set a framework for dealing with issues as they arise. 
1.2 The Guidelines take account of the Ethical Standards in Public Life (Scotland)
Act 2000, and the Councillors’ Code of Conduct, (Standards Commission for
Scotland – December 2021). Appendix A of the Councillors Code of Conduct
contains a model Protocol for Relations between Councillors and Employees
in Scottish Councils, breach of which contravenes the Councillors Code of
Conduct. These Guidelines incorporate the provisions of the model Protocol in
Appendix A. They should also be used in conjunction with other existing
guidance such as the North Ayrshire Council Code of Conduct for Employees,
the Acceptable Computer Use policy and the Council’s Standing Orders. 
2.1 The most frequent contacts are between Members and senior officers at Chief
Executive, Executive Director or Head of Service level, and these Guidelines
are largely about those contacts. There are also many contacts between
Members and other officers in their daily business, and the principles of these
Guidelines also apply to them. The particular position of officers who provide
support services for Members is dealt with separately in paragraph 11. 
3.1 Within a Council, Members have a number of different roles: 
• Some are Chairs or Portfolio Holders for specific issues;
• Many belong to political groups, with others forming Independent Groups;
• Each has a local ward to represent along with other Elected Members,
involving contact with local groups and providing surgeries for individual
constituents;
• Each may represent the Council in partnership arrangements and on outside
organisations. 
3.2 Collectively, Elected Members also: 
• Provide strategic leadership;
• Determine policy aims and objectives;
• Take decisions not delegated to officers and;
• Review performance. 
In all such roles, Councillors should act in accordance with the principles of
the Code of Conduct for Councillors and these Guidelines.
3. THE ROLE OF ELECTED MEMBERS
2. WHO IS AFFECTED?
1. INTRODUCTION
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Appendix 1
5 
3.3 The Council and Committees 
The main functions of the Council are to: 
• Debate and agree policy proposals;
• Debate and agree budgets;
• Appoint the Members of regulatory and other committees;
• Make appointments to outside bodies and;
• Provide a forum for debating key issues. 
Details of remits for the Council and committees are included in the Standing
Orders and Scheme of Administration. 
It should be noted that under the Local Government (Scotland) Act 1973,
functions or decisions cannot be delegated to individual Councillors. Thus, an
individual Councillor can never have power to make decisions which bind the
Council or its officers. 
4.1 The role of officers is as follows: 
• The Chief Executive and Executive Directors are responsible for assisting
the Council in the development of its policies and the discharge of its
responsibilities;
• The Chief Executive and Executive Directors have responsibility for
ensuring policy implementation;
• The Chief Executive and Executive Directors are responsible for
operational management of services;
• The Chief Executive has responsibility for providing advice and
management and publishing decisions;
• The Executive Directors and Service Heads have managerial
accountability for their service areas and act as the first point of contact for
that service;
• Some officers have personal statutory powers and duties, for example the
officer designated as Head of Paid Service (Chief Executive), the
Monitoring Officer (Head of Democratic Services), the Section 95 Officer
(Head of Finance) and the Chief Social Work Officer.
4. THE ROLE OF OFFICERS
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Appendix 1
6 
4.2 The following duties will apply to the position of Chief Executive: 
• The Chief Executive is the statutory Head of Paid Service and as such will be
“responsible for managing and securing the professional body of staff needed
to deliver modern, well-focussed service effectively” (DETR, June 2000). 
• The Chief Executive, as the most senior manager, is the main point of contact
for Members when difficulties arise; however Members should generally raise
any problem with the appropriate Executive Director or Head of Service in the
first instance. 
• The Chief Executive, as the Head of Paid Service, will work closely with the
Leader of the Council in ensuring policy implementation but will work
impartially with all groups and individual Members. 
4.3 The organisational role of officers has two important dimensions. Some
officers have professional skills relevant to a particular organisational task.
Others have primarily a managerial responsibility. Many have elements of
both in their jobs. 
4.4 Officers also know that they must: 
• Pursue lawful policies of the Council;
• Implement the decisions of Council, committees and sub-committees;
• Inform Members immediately of any decision that cannot be fully
implemented, (senior officers should undertake this task);
• Behave in a professional manner;
• Treat all Councillors fairly and openly in their role as local representatives;
• Serve all Members of the Council;
• Deal with Member enquiries efficiently and promptly;
• Strive continually to comply with the Council’s performance management
processes
• Maintain political neutrality at all times 
4.5 Council officers have an obligation to follow Council policies and to implement
the decisions of the Council and its committees even if they have professional
misgivings about proposed decisions. The role of officers in that situation is to
advise Elected Members and to voice concerns in giving that advice. An
officer will normally have a duty not to implement a Council decision if it is
manifestly illegal. In such circumstances, the officer should seek the advice of
the Monitoring Officer and the Chief Executive. 
4.6 Officers’ delegated powers are outlined in the Council’s Scheme of Delegation
which forms part of Standing Orders. 
5.1 Courtesy – in line with the Councillors’ Code of Conduct reference to “mutual
trust and respect” – it is important that Members and officers should behave
5. PERSONAL CONDUCT
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Appendix 1
7 
courteously to one another. None should take unfair advantage of their
position. 
5.2 Disagreements – should be acknowledged and worked out in private rather
than in public view. 
5.3 Close personal friendships – personal friendships between individual
Councillors and officers can also damage good relations and prove
embarrassing to other Councillors and officers. Councillors and employees
should, therefore, be cautious in developing close personal friendships while
they have an official relationship. 
5.4 Constructive criticism – Members have the right to make reasonable and
constructive criticism of the work of officers. Members should remember that
officers cannot respond to personal criticisms of themselves or other officers
in the same way that politicians can and should make their comments
accordingly. In accordance with the Code of Conduct for Councillors,
Councillors should not raise matters relating to the conduct or capability of
employees in public. Employees must accord to Councillors the respect and
courtesy due to them in their various roles. 
5.5 Lines of accountability – Members must be aware of the lines of
accountability within Directorates. They must not apply pressure to an officer
to act against the instructions of management. 
5.6 Decisions delegated to officers – Members should not put pressure on an
officer on matters which have been delegated for officer decision. Officers
should be left to make decisions that are: 
• Objective and can be accounted for;
• Fair and consistent in their applications;
• Accord with policy.
See paragraph 4.6
5.7 Undue influence – Members should not bring undue influence to bear on an
officer to take any action which is contrary to law or against the Council’s
approved procedures. This could include action which is: 
• A breach of Human Resource procedures;
• In conflict with Standing Orders/financial regulations;
• In conflict with planning procedures and policies;
• In conflict with Codes of Conduct. 
5.8 Declaring relationships with constituents – Members must declare any
relevant close personal relationships with constituents when dealing with
council officers. Although Members are elected to represent the interests of
their constituents, they should not seek special treatment for any individual.
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Appendix 1
8  
6.1 Members are free to request council Directorates provide them with
information, explanation and advice about that Directorate’s functions, which
they may reasonably need in order to help them carry out their roles as
Members of the Council. Councillors should normally approach the Executive
Director or a Head of Service. This can be for general information about
aspects of the Directorate’s activities or specific information on behalf of a
constituent. 
6.2 Members have certain statutory and common law rights to request and
inspect Council documents. The common law rights are wider and more
significant than those given by the Access to Information provisions of the
Local Government (Scotland) Act 1973. For instance, papers which contain
“exempt information” relating to the categories specified in the Access to
Information legislation may fall within the rights of inspection given to
Councillors by common law. 
6.3 Members have a statutory right to inspect any Council document which
contains material relating to any business which is to be transacted at a
Council, Committee or sub-committee meeting. This extends not only to
reports which are to be submitted to the meeting but also to any relevant
background papers. In relation to reports which are exempt under the Local
Government (Scotland) Act 1973, Council practice has generally been to
disclose these where possible, on request. It should however be appreciated
that there are certain documents which cannot be disclosed particularly those
which contain sensitive personal information relating to employees, occupiers
of Council property, applicants for grants and other services, the care of
children, social work and criminal justice cases. In other cases, such as an
opinion of Counsel or documents relating to contract negotiations, disclosure
may only be made if the Councillor signs an undertaking promising not to
further disclose the document. 
Members also have a right to get copies of documents under the Freedom of
Information (Scotland) Act.  Again, there are some exemptions. 
6.4 The common law right is based on the principle that any Member has a right
to inspect Council documents if access is reasonably necessary to enable the
Member to perform his/her duties as a Member of the Council – commonly
referred to as the “need to know” principle. 
6.5 The exercise of this common law right depends upon the Member’s ability to
demonstrate that he/she has the necessary “need to know”. This question will
initially be determined by the Executive Director who holds the document in
question. In the event of a dispute, the question should be referred to the
Chief Executive (taking advice if necessary from the Monitoring Officer). 
6.6 A “need to know”, and therefore a right to inspect, will not exist in relation to:
6. ACCESS TO INFORMATION AND DATA PROTECTION
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Appendix 1
9 
• A document which forms part of the internal workings of another party group;
• The working draft of an officer’s report before it has been authorised for
circulation to Council or other committee;
• Personal information covered by the provisions of the Data Protection Act. 
6.7 In some areas there are specific statutory codes which deal with the treatment
of confidential information. This is especially true of Education and Social
Work records. At all times, both Members and officers must recognise the
need to operate within the overall legislative framework surrounding
information. 
6.8 There is no automatic right to confidentiality of any communication. Members
and officers need to be aware that the Council is subject to the rigours of the
Freedom of Information (Scotland) Act and Environmental Information
(Scotland) Regulations and Re-use of Public Sector Information Regulations
which require the Council to provide, subject to exceptions, recorded
information held by it. 
6.9 Members and officers should be aware of the provisions of the Data Protection
Act 2018 which incorporates the provisions of the General Data Protection
Regulation. Anyone who holds personal information may require to be
registered with the Information Commissioner’s Office (ICO). Personal
information obtained through the Council, such as committee reports or
information provided by Officers is covered by the Council’s registration and
requires to be handled in accordance with the Council’s procedures for
processing such information. Information obtained through a political party of
which you are a member is likely to be covered by that Party’s registration.
Similarly, it requires to be handled in accordance with the Party’s procedures
for processing such information. When holding personal information Members
must abide by the following rules:- 
o Members must have some legitimate basis for holding and using the
information, usually because your constituent has provided their
personal information to enable you to investigate their concern. As long
as the information is used for this purpose, the constituent’s consent is
the basis on which you can share this information with others to
investigate their concern. In other words, if a constituent or other
member of the public asks you to resolve an issue you are allowed to
contact officers to attempt to resolve the issue on behalf of your
constituent. 
o Only use the information for the purposes for which it was given.
o You should ensure that any personal information which you hold is
stored securely, whether in electronic or paper format.
o You should not keep the information any longer than you need to.
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Appendix 1
10 
o Personal information held by the local authority should not be used for
political purposes unless both the local authority and the individuals’
concerned agree. 
o Where sharing information with another ward councillor, the constituent
must be made aware that this is going to take place and why it is
necessary. Where they object to this information sharing cannot
happen.
o Members requesting sensitive personal information on behalf of
constituents from the Health and Social Care Partnership or other
Directorates will only receive such information if they have a signed
consent form from the constituent asking the Councillor to obtain such
information.
o If you receive a Subject Access Request seeking information held by
you, you will need to respond within the legislative timescales of 30
days. This is likely to relate to constituent enquiries, rather than
information you obtained from the Council. 
The Information Commissioner’s Office (ICO) has issued additional guidance
on handling personal data as an elected representative which can be viewed
at:-
Guidance for the use of personal data by elected representatives in
carrying out constituency casework | ICO 
More advice on data protection - which supplements the above guidance
specific to your role as an elected representative – can be found here:-
UK GDPR guidance and resources | ICO 
Since 1 April 2019, elected representatives are exempt from paying a data
protection fee. 
The Council’s Data Protection Officer can provide further support and
advice and can be contacted at dataprotectionofficer@north-ayrshire.gov.uk.   
6.10 Members should not put pressure on officers to provide them with documents
to which they have no statutory or common law right or to withhold from other
Councillors documents to which they have a statutory common law right of
access. The advice of the Monitoring Officer and the Chief Executive should
be sought promptly if there is doubt about whether access should be given. 
6.11 If a Member is refused information by a Council employee, they should
be clearly advised as to why they are being refused.
If a Member is not satisfied by the refusal he should initially raise the issue
with the appropriate Executive Director. If a Member is not satisfied with the
Executive Director’s refusal of information the member can appeal this refusal
to the Council’s Chief Executive who may refer this to the Monitoring Officer to
be dealt with as a Freedom of Information Review.
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11 
If the Chief Executive/Monitoring Officer refuses the request on the basis that
it results in the disclosure of personal information under the Data Protection
Act, or on the basis that disclosure would be illegal, the Member can appeal
this refusal to the Scottish Information Commissioner who deals with Freedom
of Information Appeals. 
6.12 Both Members and officers have access to information which has not yet
been made public and is still confidential. It is a betrayal of trust to breach
such confidences. Confidential information must never be disclosed or used
for personal advantage or to the disadvantage or the discredit of the Council
or anyone else. This is a breach of the Councillors’ Code of Conduct. 
6.13 In light of the above procedures, Members will not normally be expected to
request information under the Freedom of Information arrangements. 
7.1 Officers provide professional and managerial advice to Councillors in a
number of settings. 
• To the Council, committees, sub-committees and working groups in written
reports;
• To the political leadership;
• To the party groups;
• To individual Councillors with specific roles (Committee Chairs, Portfolio
Holders);
• To individual Councillors as local members. 
7.2 Officers within a Directorate are accountable to their Executive Director and
Heads of Service and should take this into account when giving advice to
Elected Members. 
7.3 In the spirit of informed and co-operative working the Chair of a committee will
often be consulted on the preparation of reports. However, the ultimate
decision on whether and when to submit a report to Council or committee is
one for officers. While employees will wish to listen to the views of Chairs or
Portfolio Holders, the Executive Director will always have final responsibility
for the contents of any report submitted in his/her name. The decision on
whether to submit a motion to Council is one for an Elected Member, subject
to the provision in Standing Orders which allows the Provost to rule on
whether an illegal motion can be admitted. An Elected Member has the right
to submit a motion to the Council which disagrees with the advice and
recommendation of an officer. 
7.4 Committee Chairs and Portfolio Holders 
Portfolio Holders are recognised as the legitimate spokespersons on their
Directorate’s area of responsibility.
7. ACCESS TO ADVICE
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12 
Where authority is delegated to employees, they may wish to consult
the relevant Portfolio Holder about the action they propose to take but the
responsibility for the final decision remains with the employee who is
accountable for it. Portfolio Holders and Chairs should bear this in mind when
discussing proposed action with employees. 
7.4.1 Chairs and Portfolio Holders will have many dealings with employees. These
employees should always seek to assist a Chair or Portfolio Holder but it must
be remembered that they are ultimately responsible to their Executive
Director. 
7.5 Party or Independent Groups and Officers 
7.5.1 The Council operates through a system of groups of councillors, based on
political affiliation and Independent Members. All employees must, in their
dealings with Groups and Members, treat them in a fair and even-
handed manner. Employees must at all times maintain political neutrality. 
7.5.2 Officers may properly be called upon to support and contribute to
deliberations by Groups on matters of Council business under consideration.
This support can be provided in many forms, ranging from a briefing meeting
with a Portfolio Holder to a presentation to a full party group meeting. Whilst
in practice such support is likely to be in most demand from the Group or
Groups in control of the Council, support is available to all Groups. The
advice given by employees to different Groups and individual Members
should be consistent. 
7.5.3 If attendance at a Group meeting is required, the office bearers of the Group
should contact the Chief Executive and outline the type of advice they are
seeking. The Chief Executive will decide whether attendance at the meeting
is appropriate, and which officer(s) should attend. 
7.5.4 Officer support in these circumstances must not extend beyond providing
information and advice in relation to matters of Council business. Officers
must not be involved in advising on matters of party or political business and
are not expected to be present at meetings or parts of meetings when matters
of party business are to be discussed. 
7.5.5 Officers must respect the confidentiality of any Group discussions at which
they are present. It is acknowledged however that factual information upon
which any advice is based will, if requested, be available to all Groups. 
7.5.6 Special care needs to be exercised if officers are involved in providing
information and advice to a Group meeting which includes persons who are
not Members of the Council.
Such persons are not bound by the Councillors’ Code of Conduct (in
particular, the provisions concerning the declaration of interests and
confidentiality). For this and other reasons, officers may not be able to
provide the same level of information and advice as they would to a meeting
where those in attendance are bound by the provisions of the Code. Normally
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13 
an officer attending a Group meeting must request that non-Councillors be
absent for the period of their attendance. 
7.5.7 Officers must respect the confidentiality of any discussions at which they are
present with Members. If officers receive information which, although
confidential, they have a duty to disclose elsewhere, they must indicate that
this is the case. 
7.5.8 Conclusions reached at party group meeting are not Council decisions, and it
is essential that they are not interpreted or acted upon as such. 
7.5.9 Providing information and advice to a Group cannot act as a substitute for
providing all necessary information and advice to Council or the relevant
committee or sub-committee. 
7.5.10 Elected Members should recognise that information and advice given by
employees should be used to enhance discussion and debate at Council and
committee meetings. If such information is used for political advantage, for
example media briefings beforehand, then the process could become
devalued and place employees in a difficult position in giving information and
advice. 
7.5.11 The Chair of a political group meeting attended by employees has a
responsibility for ensuring that those attending are clear on the status of the
meeting and the basis on which employees are attending. 
7.5.12 Officers must never allow their own personal or political opinions to interfere
with their professional advice. Officers should not take part and Members
should not ask officers to take part in any activity which could be seen as
influencing support for a party. Members should raise with the Chief
Executive any concerns about the political neutrality of an officer. 
7.5.13 Senior Officers, and other officers providing advice and support services to
Elected Members, are subject to legal rules limiting their political activities
outside work. 
7.5.14 Should any difficulty or uncertainty arise in the area of employees’ advice to
party groups, this should be raised with the Chief Executive, who will discuss
the matter with the group leader. 
8.1 Officers are employed by the Council and both they and the Council are
governed by contracts of employment and the Council’s personnel policies
and procedures. The Council has a duty of care towards all of its employees
and these Guidelines reflect this. 
8.2 In making employment decisions, the key principles for Elected Members to
follow are:
8. THE COUNCIL AS EMPLOYER
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14 
• Members involved in appointments of employees must act fairly and openly
and judge candidates solely on merit;
• Members should not gain financially or personally, nor should their families or
friends;
• Members have a duty to declare any private interest, and to protect the public
interest;
• Members should have no involvement in employment or recruitment decisions
in which they have a personal interest;
• In making public appointments or recommending people for rewards or
benefits, Members must make choices on merit, using objective criteria;
• Members should be open about, and are accountable for, the decisions they
make in the role of employer. However, some employment matters should be
dealt with in confidence;
• Employment issues are usually dealt with by following written procedures,
often agreed with the unions. Members should not do anything to undermine
the following of proper procedures. 
8.3 Members are collectively responsible when acting as employer and are bound
by the complete framework of national and European employment law.
However, it must be noted that an individual who commits an act of
discrimination on the basis of race, gender or disability can be personally
liable. The Council is an equal opportunity employer and Members should be
guided by this principle in all their relationships with staff. 
8.4 In addition, under the Code of Conduct: 
• Members must not solicit a job with the Council for any person (but, in
appropriate cases, may give them a written testimonial);
• Members must not try to influence the recruitment process;
• Members should know that canvassing support for a candidate for a job with
the Council disqualifies the candidate from that job. 
8.5 Members must not become involved in issues relating to individual
employees’ pay or terms and conditions of employment, except while serving
on a committee delegated to deal with such matters. A Staffing and
Recruitment Committee has been established for Chief Executive and Chief
Officer appointments. An Appeals Committee has been established to hear
appeals lodged by individual members of staff against certain decisions, such
as dismissal. All other disciplinary, capability or grievance processes are
decisions for officers. 
8.6 Members must not get involved in the operational management or delivery of
Council services; this is an officer role. Members are responsible for policy
and strategy and officers are responsible for operational management of
services. As a general rule, if a power is delegated to officers under the
Council’s Scheme of Delegation it is operational.
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15 
The Standards Commission for Scotland have published an ‘Advice Note for
Councillors on Distinguishing between their Strategic Role and any
Operational Work’ which provides further information and can be viewed at:- 
http://www.standardscommissionscotland.org.uk/education-and- 
resources/professional-briefings 
Nor must Members become involved in the management of Council
employees or engage in activities which might undermine the management
lines of responsibility or adherence to Council personnel procedures. 
8.7 Members will frequently come into contact with representatives of the Joint
Consultative Forum (JCF).  The remit of the forum is: 
• To provide a forum and procedure for Members and Trade Unions to meet on
a regular and constructive basis to exchange information and resolve issues
of mutual concern; and
• To promote and develop good relations between the Council and their Trade
Unions 
8.8 This forum does not have a remit to become involved in matters affecting an
individual employee’s terms, conditions and pay and Members must observe
this remit in their contacts with Trade Union Officials. 
8.9 Members must, at all times, adopt a professional approach in their dealings
with the Trades Unions and in particular must: 
• Avoid giving unauthorised commitments;
• Take a balanced view of information provided by the Trades Unions along
with that of officers;
• Not allow undue influence to be placed upon themselves. 
8.10 Likewise, officers must not raise directly with Members any personal matter to
do with their jobs or relating to any potential appointment. 
8.11 There are restrictions on former Elected Members’ employment within the
Council. A 12 month restriction for former Councillors being employed in
politically restricted posts and for former Councillors who have been directly
involved in the appointments process for Council Officers holding politically
restricted posts, but the restriction is three months for all other posts. 
9.1 Members should set the parameters for Council work and then let officers
undertake the work, whilst guaranteeing that strong monitoring and
performance management systems are in place. Members should not be
involved in the operational management of Council services; this is an officer
role, as detailed in 8.6.
9. MONITORING THE PERFORMANCE OF OFFICERS
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9.2 Members have a right to criticise reports or the actions taken by officers, but
they should always: 
• Avoid personal attacks on officers;
• Ensure that criticism is constructive and well founded;
• Avoid undermining respect for officers at committee meetings, in any public
forum or through the media;
• Use the agreed grievance procedures (when resolution cannot be achieved
through normal lines of communication). 
9.3 The Chief Executive, as the statutory appointed Head of Paid Service, is the
first point of contact for Members regarding organisational and staffing
matters. Executive Directors and Heads of Service are the first point of
contact in their respective service areas. 
9.4 Complaints about officers or Council services should be made to the
Executive Director or to the Chief Executive as appropriate. Members have a
duty to raise any issues that they have reason to think might involve fraud or
corruption of any sort. These issues must, however, be raised through the
proper channels. 
9.5 As detailed in paragraph 5.1 and in line with the Councillors’ Code of Conduct
reference to “mutual trust and respect”, it is important that Members and
officers should behave courteously to one another. While Councillors enjoy a
right of free speech in terms of Article 10 of the European Convention of
Human Rights (ECHR) it should be noted:- 
• The right to freedom of expression is not absolute. Restrictions may
be imposed to ensure that the conduct of public life at the local
government level, including public debate, does not fall below a
minimum level so as to endanger public confidence in democracy.
• This includes protecting officers from offensive and abusive verbal
attacks. It is in the public interest that officers are not subjected to
unwarranted comments that prevent them from performing their duties
in conditions free from disturbance.
• Public servants are subject to wider levels of acceptable criticism than
other members of the public when matters of public concern are being
discussed. However, the limits are not as wide as they are for elected
politicians. 
The recent Advice Note issued by the Standards Commission for Scotland on
‘The Application of Article 10 of the ECHR and the Councillors’ Code of
Conduct’ provides useful information on this. 
9.6 The Monitoring Officer has power to report any proposal, decision or omission
by the Council or its officers which causes or is likely to cause: 
▪ A contravention of the law or any code of practice;
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▪ A maladministration or injustice which could be investigated by the
Scottish Public Services Ombudsman. 
10.1 Just as Section 9 of this protocol provides Members with a mechanism for
criticising the actions or decisions of officers, officers too must have some
protection where they feel that Members’ expectations are unreasonably
demanding or in conflict with managerial instruction or Council policy or
procedure. 
10.2 Complaints or concerns should be raised with the appropriate Directorate’s
Executive Director, or with the Chief Executive. Officers have the right to
make a complaint about a breach of the Councillors’ Code of Conduct to the
Standards Commission.  While individual Councillors have the right to defend
any such complaint, pressure must not be put on any officer by Council, its
committees or councillors to withdraw or amend the complaint. 
11.1 The Council can only lawfully provide support services to Members to assist
them in discharging their role as Members of the Council – secretarial and
typing support, policy support, stationery, printing, photocopying, transport
and such like. Support services must be used only for Council business.
They must never be used in connection with party political or campaigning
activity or for private purposes. Members should never ask staff to provide
improper support. 
11.2 The protocols governing the duties of Members’ support services staff are as
follows: 
• They are Council employees and subject to Council contracts of employment,
Standing Orders, and staff instructions. As such they cannot be required to
breach Council procedure, the terms of their contract of employment or the
legal restrictions on them;
• They are responsible to officers for the conduct of their duties. Any issues
about conflicting priorities, conduct or performance must be referred to their
line managers;
• They cannot represent or stand in for Members;
• The existence of Members’ services support staff should not detract from
normal Member/officer relationships.
11. SUPPORT SERVICES TO MEMBERS AND PARTY GROUPS
10. SUPPORT TO OFFICERS
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12.1 Members have a duty to be accessible to all the people of the multi-member
ward they have been elected to and to serve their interests conscientiously.
However, Members also have a duty to act in the interests of the Council area
as a whole and all the communities served by it, not just those of their own
ward or town. 
12.2 The introduction of multi-Member wards has implications for the co-ordination
of constituents’ enquiries. Individual constituents have the right to choose to
approach any of the Elected Members representing their ward. 
12.3 When constituents seek contact with local Elected Members, information
should be provided in a consistent manner, leaving the constituent to choose
which Elected Member they wish to contact. Elected Members’ names and
contact details should be provided in alphabetical order, by surname, along
with their political affiliation. 
12.4 Where a constituent has not identified a particular Councillor to deal with their
concerns, officers should contact the constituent to clarify which Member they
would like to deal with their enquiry. 
12.5 If a constituent does not wish to specify a Member, the last resort should be to
copy the query to all the ward Members, with the express permission of the
constituent. 
12.6 Members within a particular ward may agree among themselves on ways of
allocating responsibilities, however the individual constituent has the right to
approach the Elected Member of their choice. 
12.7 The relationship between the Elected Member and constituents is of a
confidential nature, therefore the consent of the constituent is required before
any information about them, or the nature of their query is passed between
Elected Members. 
12.8 An Elected Member may suggest to a constituent passing on their query to
another Elected Member. Such a referral should only be made with the
express approval of the constituent who may request that the enquiry be dealt
with by the Member of their choice. 
12.9 There is the possibility that constituents could raise their concerns with more
than one Elected Member, without the Elected Members knowing this. This
could lead to the situation where one officer is dealing with an enquiry without
knowing that another officer is also dealing with the same enquiry. To avoid
this potential duplication, Members should ensure that constituent complaints
are recorded in the EMPro system.
12. MULTI-MEMBER WARDS
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13.1 Both Members and officers should take proper account of the time demands
each is under when arranging meetings, particularly at short notice. 
13.2 Officers should respond to requests for meetings with Members with priority
but where these are requested at short notice, Members should accept that
officers may have pre-arranged commitments. 
13.3 There is no requirement for officials to invite other ward Members to, or notify
them about, meetings organised by an individual Councillor with that official. 
13.4 When Councillors initiate a meeting, officers should always ensure that the
Councillors are given the opportunity to have other ward members attend. 
13.5 Whenever a public meeting or consultative exercise on an issue local to one
or more wards, is arranged by the Council, all ward Members should generally
be invited to attend that meeting. 
13.6 Officers should not divulge their discussions with individual Councillors to
other Councillors, particularly Councillors of another political party, without the
consent of the individual Councillor concerned. Correspondence between an
individual Member and an officer should not be copied by an officer to any
other Member. Where it is necessary to copy the correspondence to another
Member, this should be made clear to the original Member at the time, or the
consent of the original Member obtained. Officers are however entitled to
divulge such discussions and correspondence to other officers, particularly
Chief Officers where required. These other officers will also be bound not to
disclose the discussions or correspondence to other Councillors, without the
consent of the original Councillor. 
13.7 When officers write to or meet with residents regarding matters of general
concern in an area, all ward councillors should be sent copies or informed. 
14.1 The Chief Executive in consultation with the Council Leader where
appropriate, and the Corporate Communications Manager, will issue press
releases and similar information on behalf of the Council, deal with media
enquiries and implement the Council’s Communications Strategy. Officers are
responsible for the decision whether to issue a press release on behalf of the
Council, its timing and content. However, if a Member is to be quoted in a
press release that Member must first have agreed the terms of any such
quote. 
14.2 Individual Executive Directors when issuing press releases and dealing with
media enquiries in relation to their own service will do so in consultation with
the Corporate Communications Manager.
14. MEDIA RELATIONS
13. MEETINGS AND CORRESPONDENCE
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14.3 Where a response is required to circumstances which are corporate or
“council wide”, the Chief Executive, in consultation with the Council’s
Corporate Communications Manager, will express the views of the authority
within the corporate policies agreed by the Council. 
15.1 These Guidelines will be kept under review and may be amended by the
Council from time to time. They will be kept up to date to take into account
any future relevant legislation. Any amendments will be communicated to
employees and Members. 
15. REVIEW OF THE GUIDELINES
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Standing Orders Relating to Contracts and
Contract Procedure Rules for North Ayrshire
Council
September 2025
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Contents
Standing Orders Relating to Contracts and Contract Procedure Rules for North Ayrshire Council
................................................................................................................................................... 1
1. Introduction ...................................................................................................................... 4
2. Definitions ........................................................................................................................ 4
3. Extent and Application ..................................................................................................... 7
4. Health and Social Care Services ...................................................................................... 8
5. Exempted Contracts......................................................................................................... 8
6. Disaggregation ................................................................................................................. 9
7. Authority to Invite Tenders ............................................................................................... 9
8. Trading Activities .............................................................................................................. 9
9. Collaborative Procurements ........................................................................................... 10
10. Delegation of Procurement Activity ............................................................................. 10
11. Conflicts of Interest ..................................................................................................... 11
12. Purchase of Supplies, Service or Works ..................................................................... 11
13. Framework Agreements and Dynamic Purchasing Systems ....................................... 12
14. Supported Businesses & Reserved Contracts ............................................................ 13
15. Procedures prior to Commencing Procurement Exercise ............................................ 13
16. Advertising of Contracts.............................................................................................. 13
17. Tender Documents ..................................................................................................... 14
18. Technical Specification ............................................................................................... 14
19. Standards ................................................................................................................... 14
20. Intellectual Property Rights ......................................................................................... 15
21. Prevention of Collusion and Corrupt Illegal Practices ................................................. 15
22. Equality ...................................................................................................................... 15
23. Public access to information ....................................................................................... 15
24. Sustainability .............................................................................................................. 16
25. Community Benefits ................................................................................................... 17
26. Assignation/Novation .................................................................................................. 17
27. Health & Safety .......................................................................................................... 18
28. Insurance ................................................................................................................... 18
29. Performance Bonds and Parent Company Guarantees .............................................. 19
30. Tendering Procedures ................................................................................................ 19
31. Electronic Tendering ................................................................................................... 26
32. Submission of Tenders ............................................................................................... 26
33. Late Tenders .............................................................................................................. 27
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34. Opening of Tenders .................................................................................................... 27
35. Checking of Tenders .................................................................................................. 27
36. Evaluation of Tenders ................................................................................................. 27
37. Abnormally Low Bids .................................................................................................. 28
38. Post Tender Clarifications ........................................................................................... 28
39. Post Tender Negotiations ........................................................................................... 29
40. Acceptance of Tender ................................................................................................ 29
41. Form of Contract ........................................................................................................ 30
42. Nomination of Sub-Contractors................................................................................... 30
43. Contract Register........................................................................................................ 30
44. Modifications to Contract ............................................................................................ 31
45. Termination of Contracts ............................................................................................ 31
46. Post Contract Monitoring and Evaluation .................................................................... 32
47. Interest of Members .................................................................................................... 32
48. Interest of Officers ...................................................................................................... 32
49. Disposal of Surplus or Scrap Materials/Equipment ..................................................... 32
50. Disposal of Interest in Land and Building .................................................................... 33
51. Variation and Revocation ............................................................................................ 33
52. Thresholds and VAT ................................................................................................... 33
53. Commencement ......................................................................................................... 33
Annex A – Disposal of Property/Land .................................................................................... 34
1. Introduction................................................................................................................. 34
2. Invitation to Submit Offers .......................................................................................... 34
3. Offer Return and Notification Record .......................................................................... 34
4. Procedure for Considering Offers ............................................................................... 34
5. Acceptance of Offers .................................................................................................. 35
Annex B – Health & Social Care Services ............................................................................. 36
1. Introduction................................................................................................................. 36
2. Governing Bodies (Care Inspectorate) ........................................................................ 36
3. Procedures for Procuring Contracts for Health and Social Care Services ................... 36
Document Control Summary: ................................................................................................ 38 
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1. Introduction
1.1 The Standing Orders Relating to Contracts (the Standing Orders) set out how the
Council will invite Tenders and let contracts for Supplies, Services and Works. The
purpose of the Standing Orders which are made under Section 81 of the Local
Government (Scotland) Act 1973, is to ensure that the Council:
• maximises social, environmental and economic value
• achieves its strategic aims
• purchases high quality Supplies, Services and Works
• safeguards its reputation from any implication of fraud or corruption through a
system of transparency, integrity, and accountability
• safeguards its employees and
• meets its legal compliance obligations
1.2 The Standing Orders also apply to the sale/lease of property and the disposal of
surplus or scrap materials/equipment.
1.3 Every contract authorised by Council Officers or other person engaged by the
Council to which the power of entering into contracts has been delegated, shall comply
with the Standing Orders and
• The Revenue or Capital Budgets as approved by the Council
• The Financial Regulations of the Council
• The Scheme of Delegation to Officers
• The Procurement Reform (Scotland) Act 2014
• The Public Contract (Scotland) Regulations 2015
• The Procurement (Scotland) Regulations 2016
• North Ayrshire Council’s Procurement Strategy
• North Ayrshire Council’s Procurement Manual
• Local Democracy, Economic Development and Construction Act 2009
Commencement no. 2 (Scotland) Order 2011 for Construction contracts, other than
those expressly excluded under the Construction Contracts Exclusion Order 1998.
1.4 Due consideration should also be given to all Guidance and Policy Notes issued by
the Scottish Government, Scottish Procurement Directorate in respect of procurement
matters.
2. Definitions
2.1 In these Standing Orders the following words and phrases shall have the meaning
hereinafter assigned to them, that is to say:
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2.1.1 “Best Value” means the legal duty to secure continuous improvement in the
performance of the Council’s functions as set out in section 1 of the Local Government
in Scotland Act 2003
2.1.2 “Cabinet”, means the Cabinet of North Ayrshire Council
2.1.3 “Chief Officer”, means the Chief Executive, Executive Director, or Head of
Service of the Council
2.1.4 “Community Benefit” means, benefits requested from Suppliers within
Procurement Exercises, which become contractual requirements. Community
Benefits include employment, education and community support and support for
SMEs and TSOs.
2.1.5 “Community Benefits Officer” means the Council Officer who manages and
monitors the Community Benefit process
2.1.6 “Corporate Procurement Unit” means the centralised procurement team of
officers that progress Procurement Exercises for service teams for all procurements
over the value of £10,000 for Supplies, Services and Works
2.1.7 “Direct Award” means a call-off from an established approved Framework
Agreement.
2.1.8 “Designated Officer”, means any Officer authorised in writing by any Chief
Officer for the purposes of these Standing Orders
2.1.9 “Dynamic Purchasing System” means a procedure available for contracts for
Supplies, Services and Works, it has similar aspect to a Framework Agreement, but
new Suppliers can join at any time.
2.1.10 “Find a Tender (FTS)” means the portal for higher-value, public contract
opportunities (tenders) within the UK. The portal is used by both public buyers and
Suppliers. For public buyers, the use of the portal is in compliance with Public
Contracts (Scotland) Regulations 2015
2.1.11 “Framework Agreement” means an agreement between one or more
contracting authorities and one or more economic operators, to establish the terms
governing public contracts to be awarded during a given period
2.1.12 “GPA” means the Agreement on Government Procurement which is a
plurilateral agreement under the auspices of the World Trade Organization (WTO)
which regulates the procurement of Supplies, Services and Works by the public
authorities of the parties to the agreement. Tenders over the GPA threshold will be
published in the Find a Tender Service
2.1.13 “Light Touch Regime” means specific set of procedural rules for Social and
other Specific Services as more particularly set out in Regulations 74-76 of the 2015
Regulations
2.1.14 “Mandatory Contract Standstill Period”, means a period of not less than 10
calendar days following communication by electronic means of the award decision to
all tenderers as provided for in The Public Contracts (Scotland) Regulations 2015
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2.1.15 “Memorandum of Understanding” means a document describing the
broad outlines of an agreement that two or more parties have reached
2.1.16 “Mini Competition” means a call-off form an established approved framework,
where all Suppliers from the framework for the relevant lot are invited to bid
2.1.17 “PCS”, means Public Contracts Scotland which is the national tender
advertising portal
2.1.18 “PCS-T” means Public Contract Scotland Tender which is the e-Tendering
system used to progress Procurement Exercises
2.1.19 “Post Tender Negotiations”, means any communication between a Chief or
Designated Officer and a tenderer subsequent to the return date for the tender and the
acceptance of any such tender
2.1.20 “Procurement Exercise”, is a general term used to describe any appropriate
procurement procedural route followed to obtain Supplies, Services or Works. This
can include a Direct Award, Quick Quote, Mini-Competition, award without
competition, Regulated Procurement, Non-Regulated Procurement or GPA tender
2.1.21 “Procurement Officer” means the Council Officer who progresses allocated
Procurement Exercises in compliance with legislative requirements and these
standing orders
2.1.22 “Quick Quote” is a facility available on the PCS-T website to electronically
request and receive quotations. The Corporate Procurement Unit use the Quick Quote
facility where the estimated value is between £10,000 and £50,000 (Supplies and
Services) and between £10,000 and £500,000 (Works).
2.1.23 “Regulated Procurement” means a procedure to award a regulated contract
being a public contract, which is equal to or greater than £50,000 (other than works or
health or social care contracts) or £2 million for works contracts or as set out in the
Procurement of Care and Support Services 2016 (Best Practice) Guidance for
applicable social care contracts and “Regulated Procurement Thresholds” shall be
construed accordingly “2015 Regulations” means the Public Contracts (Scotland)
Regulations 2015 or successor legislation (as amended from time to time)
2.1.24 “RPA” means a Request for Procurement Action which is a document setting
out as a minimum:
• the Council’s requirement for the Supplies, Services or , Works and why we need it
• Selection and award criteria
• approval to proceed to procurement following a make or buy decision
• confirmation that a financial viability assessment has been carried out and there is
sufficient budget to meet the whole life costs associated with the requirement
2.1.25 “Services”, means any service as defined by the Public Contracts (Scotland)
Regulations 2015 and any subsequent amendments thereof
2.1.26 “Service Team Representative” means the Council Officer from the relevant
service team (Roads, Facilities Management, Property Maintenance and Investment
etc.) that is requesting a Procurement Exercise to be progressed
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2.1.27 “SPD”, means the Single Procurement Document (pre-qualification
questionnaire)
2.1.28 “Supplier” means a contractor, service provider or supplier that provides
Supplies, Services or Works
2.1.29 “Supplies”, means any supplies as defined by the Public Contracts (Scotland)
Regulations 2015 and any subsequent amendment thereof
2.1.30 “Tender” means any Procurement Exercise published on PCS with a value
greater than £50,000 (Supplies and Services) and £500,000 (Works) or a bid
submitted for a tender advertised on PCS
2.1.31 “the 1973 Act”, means the Local Government (Scotland) Act 1973
2.1.32 “the 2003 Act”, means the Local Government in Scotland Act 2003
2.1.33 “the 2015 Regulations”, means  the Public Contracts (Scotland) Regulations
2015
2.1.34 “the 2016 Regulations”. Means the Procurement (Scotland) Regulations 2016
2.1.35 “the Reform Act”, means the Procurement Reform (Scotland) Act 2014
2.1.36 “the Scheme of Delegation”, means the Scheme of Delegation to Officers
approved by the Council on 25 September 2019 or any subsequent amendment.
2.1.37 “the SDS 2013 Act”, means the Procurement and Social Care Self Directed
Support (Scotland) Act 2013
2.1.38 “Trading Activities”, refers to when the Council bids for or is awarded
contracts to deliver Supplies, Services or Works to other public sector bodies or
private sector organisations
2.1.39 “Works” means any works defined in the Public Contracts (Scotland)
Regulations 2015 and any subsequent amendment thereof
3. Extent and Application
3.1 These Standing Orders are made under Section 81 of the Local Government
(Scotland) Act 1973 as amended and, subject to the provisions of Standing Order 5
(Exempted Contracts), shall apply to all contracts made by or on behalf of the
Council for the provision of Supplies or Services and the execution of Works.
3.2 The Standing Orders shall be applied having regard always to the key principles
of:
• Transparency
• Equal Treatment
• Non-discrimination
• Proportionality
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3.3 The Standing Orders are subject to the over-riding provisions of the United Kingdom
or Scottish legislation. They are also subject to any UK Government or Scottish
Government guidance on public procurement that may be issued from time to time.
3.4 All Council employees engaged in procurement on behalf of the Council must
comply with the duty to secure Best Value in accordance with the 2003 Act.
3.5 All Council employees shall comply with the terms of the Standing Orders and any
failure to do so may result in disciplinary action.
3.6 Any Council employee who is contract managing a third party or agent that is
procuring on behalf of the Council must ensure that the third party complies with the
terms of the Standing Orders and any failure to do so may result in disciplinary action.
3.7 Other than alterations of a minor or technical nature or such as are required to be
enacted immediately to ensure compliance with statutory obligations that do not have a
policy impact (“minor changes”), the Standing Orders may only be varied or revoked by
the Council and any motion to vary or revoke these Standing Orders shall conform to
the requirements of Standing Order No. 22 of the Standing Orders Relating to Meetings
and Proceedings of the Council. Any minor changes must be approved by the Cabinet
and reported to the next meeting of the Council.
3.8 It is the responsibility of each Chief Officer to ensure officers within their directorates
who are involved in procurement comply with the Standing Orders.
3.9 Any query regarding the application or interpretation of these Standing Orders must
be referred in the first instance to the Head of Democratic Services.
4. Health and Social Care Services
4.1 These Standing Orders shall apply to contracts for all Health and Social Care
Services subject to the special procedures set out in Annex B.
4.2 All Health and Social Care procurement will be undertaken by the Corporate
Procurement Unit with the agreement of the Senior Manager (Corporate Procurement).
5. Exempted Contracts
5.1 These Standing Orders shall not apply to:
5.1.1 Any contract of employment; this exemption does not extend to any arrangements
for the employment of staff on an agency basis.
5.1.2 Any contract for Supplies, Services or Works, which in the opinion of any Chief
Officer or Designated Officer, are urgently required for the prevention of damage to life
or property. This includes urgent purchases to react to unprecedented external factors
out with the control of the Council. A Single Tender Action Request (STAR) form is
required to be authorised by the Senior Manager (Corporate Procurement) prior to any
contractual commitment being made to a supplier. For urgent procurements the STAR
request should be submitted retrospectively within 6 weeks of contract award. 
5.1.3 Any contracts entered into by Hub South West Scotland (Hub) on behalf of the
Council. The Hub is a public–private partnership that enables design and construction of
community facilities within southwest Scotland, the Council is one of seventeen
participants of the Hub.
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5.1.4 Any contact for the purchase of a specific piece of land or a building where there
is a unique owner and therefore not open to a competitive procurement process.
5.1.5 the allocation of direct payments or personal budgets under options 1, 2 or 4 of
the Social Care (Self Directed Support) (Scotland) Act 2013
5.1.6 those contracts excluded by the Act, the 2015 or 2016 Regulations for example
arbitration or conciliation services
5.1.7 appointed guardians or legal services designated by a court of tribunal, any
persons appointed under The Curators ad Litem and Reporting Officers (Panels)
Scotland Regulations 2001 and the appointment of board members required by statute
5.2 Any contract exempted from these Standing Orders shall still:
• Comply with the duty to achieve Best Value
• Comply with all legal procurement requirements
6. Disaggregation
6.1 Contracts must not be disaggregated, packaged, or split into separate smaller
contracts or requirements to avoid the application of any provision of the Standing
Orders or any other legislative provisions. The aggregate value of any single
requirement for Works, Services or Supplies across the whole Council must be
considered in determining whether it exceeds the threshold for application of the GPA,
or the thresholds stated within the Standing Orders.
6.2 Where specialist consultancy services are required, whether through an existing
Framework Agreement or as a new tendering process, at the initial stage, cost
s must be obtained for all potential stages of the project to ensure that the award
decision is based on total potential costs rather than the initial stage only.
7. Authority to Invite Tenders
7.1 Tenders for the provisions of Services, Supplies and Works may be invited by a
Chief Officer or Designated Officer where:
• authority for the project to which the Tender relates has been granted, either
through delegated powers, the Capital Plan or Revenue Estimates or specific
Committee authority
• they are satisfied, after proper project appraisal, that the cost of the contract can
be met within the approved budget for the project.
8. Trading Activities
8.1 Notwithstanding anything to the contrary under these Standing Orders, it is
recognised that the Council when carrying out its function in terms of Trading Activities
recognised by the Council from time to time, will be entering into contractual
relationships related to those Trading Activities (such as appointing sub-contractors,
ordering materials or other Supplies, etc.) and the following procedures shall apply:
• The Chief Officer or Designated Officer may invite, accept and/or negotiate offers
from proposed Suppliers for Supplies, Services or Works, . In exercising powers
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under this paragraph, they must, unless satisfied that an exemption is justified by
special circumstances, secure competition for contracts and regulate the manner
in which Tenders are invited by securing compliance as far as considered
practicable with the terms of these Standing Orders
• In undertaking Trading Activities on behalf of the Council all employees are
subject to the duty to secure Best Value in accordance with the 2003 Act
9. Collaborative Procurements 
9.1 Where the relevant Chief Officer or Designated Officer considers it to be in the best
interests of the Council and in accordance with Best Value to do so, he/she may seek to
enter into a collaboration with one or more other public authorities in respect of the
procurement of a requirement for Supplies, Services or Works, subject to the following
provisions.
9.2 Every collaborative Procurement Exercise shall require to be approved in advance
by the Senior Manager (Corporate Procurement) and the procurement process shall be
undertaken in conjunction with the Corporate Procurement Unit.
9.3 A business case shall be prepared in respect of every Collaborative Procurement
Exercise to establish the justification for this and shall be approved in advance by the
Senior Manager (Corporate Procurement.)
9.5 Where it is proposed that the Council shall act as “Lead Authority” in a Collaborative
Procurement Exercise with one or more public authorities, the terms of these Standing
Orders shall apply to the procurement process and the written agreement of the other
parties to the Collaboration, in the form of a Memorandum of Understanding, shall be
obtained to this effect.
9.6 Where another authority acts as “Lead Authority” in a Collaborative Procurement
Exercise for a contract on behalf of two or more public bodies, including the Council, the
procurement and award process shall be conducted in accordance with the Standing
Orders of the “Lead Authority”. In every such case however, the appropriate Chief
Officer or Designated Officer must first be satisfied that the procurement and award of
any such contract ensures that the principles of Best Value are adhered to, and the best
interests of the Council are served at all times in Collaboration. 
9.7 Prior to commencing any Collaborative Procurement Exercise, the appropriate Chief
Officer or Designated Officer shall agree the parameters for this with the appropriate
officers in the public authorities and shall record this in writing. Appropriate monitoring
arrangement shall be put in place by the appropriate Chief Officer or Designated Officer
to ensure the agreed terms for the Collaboration are adhered to by all parties.
10. Delegation of Procurement Activity
10.1 Each Chief Officer may nominate, in writing, such other properly qualified officers
as they consider appropriate to undertake any of the duties as set out in these Standing
Orders who will then have delegated authority to act in lieu of them in respect of the
prescribed duties.
10.2 No officer may award a contract greater than £10,000 without written delegated
purchasing authority from the relevant Chief Officer and only after consultation with the
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Corporate Procurement Unit to ensure that a robust procurement process has been
undertaken.
10.3 A note of all written nominations made in terms of Standing Order 10.2 shall be
provided to the Senior Manager (Corporate Procurement) for retention.
11. Conflicts of Interest
11.1 No officer who has a potential conflict of interest or a direct or indirect pecuniary
interest in any Procurement Exercise is permitted to be involved in the specification
development, contract strategy development, evaluation, award of the contract or
contract management process.
11.2 If any officer has a conflict of interest in any aspect of the procurement process,
they must declare this interest as soon as it arises. The interest must be declared to the
line manager and the Senior Manager (Corporate Procurement) using the conflict of
interest declaration form available on Connects.
11.3 Examples of Conflicts of Interest include members of the evaluation panel or The
Corporate Procurement Unit processing the Procurement Exercise, having a financial
interest or having a relationship (spouse, partner, family member, close friend etc.) with
someone in the bidder’s organisation. Failure to declare a conflict of interest in advance
of any involvement in a Procurement Exercise may result in disciplinary action.
12. Purchase of Supplies, Service or Works
12.1 Prior to purchasing any Supplies, Services or Works, Officers are required to check
the contract register and consult with the Corporate Procurement Unit to establish
whether any existing contract, Dynamic Purchasing System or Framework Agreement
accessible to the Council might fulfil their requirement.
12.2 If a contract exists for the specific Supplies, Services and Works required, officers
should check with the Corporate Procurement Unit, that they are able to utilise the
contract. If agreed, officers then must then use the existing contract. If not agreed, an
alternative contract will be procured. To utilise an existing contract, a purchase order
should be raised in advance of making any commitment to Suppliers. The purchase
order should refer to the contract reference number being used to ensure that the
Council received the agreed contractual terms and conditions.
12.3 If no contract exists and the value is below £10K then Standing Order 5.2 must be
followed.
12.4 The use of retrospective orders is not good practice and should only be used when
an extreme emergency arises.
12.5 The Council have implemented a “No PO – No Pay” this means that any invoice
received from a Supplier without a valid purchase order will be returned to the Supplier.
Officers are therefore responsible for ensuring that Suppliers are given a valid purchase
order to quote on their invoices to ensure that Suppliers are paid on time. 
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13. Framework Agreements and Dynamic Purchasing
Systems
13.1 The powers set out in this Standing Order 13 shall be exercised by Chief Officers or
Designated Officer through the Corporate procurement Unit.
13.2 Where there is likely to be a repeated requirement for particular Supplies Services
or Works, a Chief Officer or Designated Officer may seek to establish or participate in a
Framework Agreement or Dynamic Purchasing System in line with Standing Orders 13.3
or 13.4, after establishing this is the Best Value route after completing a contract strategy
with the Procurement Officer.
13.3 The Chief Officer or Designated Officer may elect to establish a Framework
Agreement or Dynamic Purchasing System to provide for agreement on the terms for
future call-off contracts (whether through Direct Award, in the case of a Framework
Agreement only, or by the acceptance of a Tender following an Invitation to Tender/Mini-
Competition) where permitted in accordance with the terms of that Framework
Agreement or Dynamic Purchasing System.
13.4 The Chief Officer or Designated Officer may elect to participate in an existing
Framework Agreement or Dynamic Purchasing System that has been properly
constituted by Scotland Excel, the Scottish Procurement and Property Directorate,
another local authority, the Crown Commercial Service or any other public sector
procurement agencies and may enter into call-off Contracts (whether through Direct
Award, in the case of a Framework Agreement only, or by the acceptance of a Tender
following an Invitation to Tender/Mini Competition) where permitted in accordance with
the terms of that Framework Agreement or Dynamic Purchasing System. 
13.5 Where, in order to participate in an existing Framework Agreement or Dynamic
Purchasing System of the type described in Standing Order 13.4, the Council is required
to enter into a participation agreement or other similar agreement regulating the use of
the Framework Agreement or Dynamic Purchasing System by the Council, the Senior
Manager (Corporate procurement) shall have the authority to enter into that agreement
on behalf of the Council.
13.6 Any Mini-Competition run by the Council shall be conducted by means of electronic
tendering for the purposes of Standing Order 18 and shall run in accordance with the
procedures set out therein, unless contrary to any provisions set out in the relevant
Framework Agreement or DPS (in which case, the terms of the Framework Agreement
or DPS will have precedence).
13.7 Direct Awards from approved frameworks, using the framework according to its
rules and using the appropriate framework paperwork up to 50K can be progressed by
service teams without assistance from the Corporate Procurement Unit. For any Direct
Awards above this value a RPA should be submitted to the Corporate Procurement Unit.
Any Direct Award over the value of £50K must be approved by the Senior Manager
(Corporate Procurement).  
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14. Supported Businesses & Reserved Contracts
14.1 The Council may restrict participation in a Regulated Procurement irrespective
of its duties under Section 8 of the Act except where this is expressly prohibited by
relevant legislation.
14.2 The Council may reserve the right to participate in a tendering procedure to
providers operating a Supported Business. Where the Council exercises this right the
contract award procedures provided by the Regulations and Act shall be followed.
14.3 Where the Council decides to restrict participation in a procurement to
Supported Businesses it must state that fact in the contract notice.
15. Procedures prior to Commencing Procurement Exercise
15.1 No Tender, Quick Quote or framework call-off shall be invited, or any contract
negotiations commenced, unless:
• The estimated expenditure thereon is within the budgetary provision previously
approved by the Council and in compliance with the Council’s Financial
Regulations. The Officer shall be responsible for ensuring that sufficient funds
are available prior to the commencement of any Procurement Exercise.
• A RPA has been completed and authorised by the requesting service team’s
budget holder and authorised by Financial Management prior to being
submitted to the Corporate Procurement Unit. Where RPAs relate to multiple
budget lines/budget holders and it would be onerous to get the form signed by
all, the Head of Service (Financial Services) will sign on their behalf after
confirming with the relevant Finance Manager the overall budget is available.
• The RPA document will be amended from time to time, the latest document is
available on Connects.
• A contract strategy has been prepared by the Procurement Officer in
consultation with the Service Team Representative for procurements over £50k
for Supplies and Services and over £500k for Works (unless agreed up to
£2million by the Senior Manager (Corporate Procurement).
• In cases of Collaborative Procurement Exercises, the terms of Standing Order
9 have been complied with.
16. Advertising of Contracts
16.1 In terms of the Reform Act and 2015 Regulations, the Council has a duty to ensure
that contracts are procured in accordance with the principles of non-discrimination on
grounds of nationality, equal treatment and transparency.
16.2 Contract opportunities that are subject to the requirements of the Reform Act or the
2015 Regulations must comply with the provisions relating to advertising of contracts set
out in that legislation.
16.3 All appropriate contract opportunities shall be advertised using Public Contracts
Scotland. 
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17. Tender Documents
17.1 The Tender documents shall clearly set out the proposed method of evaluation as
well as the scope, timing, quality and quantity of the Works, Services and Supplies
required by the Council.
17.2 Standard terms & conditions for Supplies and Services, and approved industry
model form contracts for Works, shall be used in all contracts to which these Standing
Orders apply, where the Council is the lead procurer. If the use of any other terms and
conditions is proposed these must be approved by Legal Services. 
18. Technical Specification
18.1 Formal specifications  shall be developed, in compliance with Regulation 43 of the
2015 Regulations for Regulated Procurements above the GPA Threshold and
Regulations 11 and 12 of the 2016 Regulations for Regulated Procurements below the
GPA Threshold, by the relevant Service Team Representative with support from the
Procurement Officer for all tendered or quoted requirements for Supplies, Services or
Works, which will fully define what the Supplier is to provide.
18.2 Specifications shall not be accepted as final until the Procurement Officer and/or
Service Team Representative, where appropriate, are satisfied as to their affordability.
18.3 The Service Team Representative must ensure that technical specifications for
Regulated Procurements give equal access to all interested parties and do not create
unjustified obstacles to the opening up of public procurement to competition or
encouraging innovation. The Service Team Representative shall specify requirements for
award criterion in generic, technical or performance terms. Technical specifications must
not refer to materials or goods of a specific make or source or to a particular process or
trademark, patent, type, origin or means of production which has the effect of favouring
or eliminating particular suppliers.
18.4 The requirement may only be dispensed with in exceptional circumstances, where
the subject of the contract cannot otherwise be described by reference to technical
specifications which are sufficiently precise and intelligible to all suppliers. However,
where this exception applies, any such references in the technical specification must be
accompanied by the words “or equivalent”. Where a technical specification does make
such a reference, a written justification shall be provided as part of the contract notice or
invitation to participate or quote, including an explanation as to why it was not possible to
describe the product by reference to technical or performance characteristics.
18.5 The Service Team Representative may include references in specifications to
mandatory technical rules which go beyond the relevant legislative standards, provided
these are non-discriminatory and without prejudice to any relevant national or
international standards or specifications.
19. Standards
19.1 Where an appropriate and recognised international or European Standard or
British Standards Specification or British Standard Code of Practice is current at the
date of the Invitation to Tender, every contract shall require that, all goods and
materials used or supplied and all workmanship shall at least meet the
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requirements of that Standard, unless otherwise approved by the appropriate Chief
Officer or Designated Officer. In the absence of any such recognised standards,
the Tender document shall require an appropriate equivalent standard be used.
20. Intellectual Property Rights
20.1 The Chief Officer or Designated Officer shall, in so far as practicable, ensure
that in contracts for procuring reports, guidance, specifications, instructions, toolkits,
plans, data, drawings, databases, patents, patterns, models and designs developed
by the Supplier, on behalf of the Council, shall vest in the Council absolutely.
21. Prevention of Collusion and Corrupt Illegal Practices
21.1 Every contract shall contain a clause entitling the Council to cancel the
contract and to recover from the Supplier the amount of any loss resulting from
such cancellation if the Supplier or his representative (whether with or without the
knowledge of the Supplier) shall have practised collusion in tendering for the
contract or any other contract with the Council or shall have employed any corrupt
or illegal practices either in the obtaining or execution of the contract or any other
contract with the Council, or have been convicted of an offence under Section 1 of
the Bribery Act 2010.
21.2 North Ayrshire Council supports the Scottish Governments policy on ensuring
that public contracts are awarded to legitimate businesses and has signed up to an
Information Sharing Protocol with Police Scotland to share information about
organisations who bid for public contracts.
22. Equality
22.1 Every contract shall contain an Equality clause to provide assurance that, the
Supplier has complied with all statutory requirements in respect of ensuring
equal opportunity in employment; and that it is not unlawfully discriminating within
the meaning and scope of the provisions of the Equality Act 2010 (or any statutory
modification or re-enactment thereof) including but not limited to discrimination on
grounds of gender, marital or civil partnership status, race, disability, gender
reassignment, religion or belief, sexual orientation, age, pregnancy or maternity
leave.
23. Public access to information
23.1 The Freedom of Information (Scotland) Act 2002 came into force on 1st January
2005. The Act gives a statutory right of access to all information held by Scottish
Public Authorities, except where an exemption can be applied. All terms and
conditions and invitations to Tender/bid, give notice of this.
23.2 On occasions, parties with whom the Council contracts will seek to incorporate
stipulations that all or some information is provided in confidence. No such provision
should be accepted without the prior approval of the Head of Democratic Services.
23.3 In all cases other than those specifically approved by the Head of Democratic
Services all contract conditions should include the following provision:
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• All information submitted to the Council may need to be disclosed and/or
published by the Council in compliance with the Freedom of Information
(Scotland) Act 2002 and/or the Environmental Information (Scotland) Regulations
2004, (the decisions of the Council in the interpretation thereof shall be final and
conclusive in any dispute, difference or question arising in respect of disclosure
under its terms), any other law, or, as a consequence of judicial order, or order by
any court or tribunal with the authority to order disclosure.
23.4 Further, the Council may also disclose all information submitted by the tenderer
to the Scottish or United Kingdom Parliament or any other department, office or
agency of Her Majesty’s Government in Scotland or the United Kingdom, and their
servants or agents. When disclosing such information to either the Scottish or the
United Kingdom Parliament it is recognised and agreed by both parties that the
Council shall disclose such information but are unable to impose any restrictions
upon the information that they provide to Members of the Scottish Parliament, or
Members of the United Kingdom Parliament; such disclosure shall not be treated as a
breach of this agreement.
23.5 Accordingly, if tenderers consider that any of the information included in their
Tender is commercially confidential, please identify it and explain (in broad terms)
what harm might result from disclosure and/or publication. It should be remembered
though, that, even where tenderers have indicated that information is commercially
sensitive, the Council may disclose this information. Receipt by the Council of any
material marked “confidential” or equivalent should not be taken to mean that the
Council accept any duty of confidence by virtue of that marking.
23.6 The Council will publish, on the Public Contracts Scotland website, the names
and contact details of successful tenderers for contracts over £50,000 for Supplies
and Services and £500,000 for Works.
24. Sustainability
24.1 Sustainable procurement incorporates environmental, economic, and social
considerations. The Council is legally bound by the Sustainable Procurement duty in
the Reform Act to consider sustainability and procure responsibly and in a way that
delivers community well-being, minimises use of resources and prevents
environmental degradation. Where relevant to the subject matter of the contract,
consideration should be given to:
• Limiting energy and water consumption during delivery of the requirement
• The use of non-toxic substances and renewable materials
• Disposal, reuse and recycling options at the end of life
• Incorporation of recycled or part recycled goods and energy efficient
products
• Encouraging local recruitment and training of staff employed in the
delivery of the contract through Community Benefit clauses
• Encouraging fair work practices including fair pay
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• Involving Small and Medium Enterprises (SME’s), Third Sector Bodies and
Supported Businesses
• Promoting innovation – Innovation in design and delivery of public Services,
procurement of innovative Goods and Services and use of innovative
procurement processes
• Promoting prompt payment throughout the supply chain
• Ensuring every contract shall not provide Supplies or Services
o which may endanger the health of any person
o cause significant damage to the environment during manufacture,
o where use or disposal, consumes a disproportionate amount of energy
during manufacture,
o where use or disposal, causes unnecessary waste, or contains materials
derived from threatened species or environments.
25. Community Benefits
25.1 A Community Benefit clause must be considered as a contractual requirement
for any procurement of which the estimated value is equal to or greater than £50,000
for Supplies and Services and over £100,000 for Works. For contracts up to the value
of £499,999 the Community Benefits are voluntary and for contracts £500,000 or over
Community Benefits are mandatory.
25.2 The Procurement Officer in consultation with the Community Benefit Officer will
determine if there is an opportunity to deliver Community Benefits and include details
of the Community Benefits required in the contract notice. If there is no Community
Benefit requested, the notice must give reasons why.
25.3 The Council must ensure the requirements are in line with the relevant
procurement legislation and the Council must ensure that the Community Benefit
clause does not amount to direct or indirect discrimination.
25.4 The Community Benefits Officer must ensure that robust arrangements are in
place to monitor Community Benefits, and the outcomes delivered are recorded and
reported.
26. Assignation/Novation
26.1 In every contract, there shall be included a provision whereby:
• The Supplier shall be prohibited from transferring, assigning or sub-
contracting a contract or any part thereof without the prior written consent of the
Council
• The Supplier shall be prohibited from changing any sub-contractors from
those noted in the Suppliers response documents without the prior written
consent of the Council
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26.2 In every contract, there shall be included a provision whereby:
• If a Supplier’s name changes, but their company registration remains the same,
they will provide the Council with a copy of their “Certificate of Incorporation on
Change of Name”
• If a Supplier’s company registration number changes, the Council have the right
to terminate the contract or continue the contract, providing, pre-qualification and
quality criteria applied to the original contract are met and a Deed of Novation is
signed confirming they accept all contractual obligations and liabilities within the
contract.
27. Health & Safety
27.1 Every Supplier appointed by or on behalf of the Council shall be required to
comply with current Health and Safety legislation and approved Codes of Practice, as
may be applicable to the contract. The Chief Officer or Designated Officer will have
the ultimate decision as to whether a Supplier’s Health and Safety qualification is
equal to that required by the Council or in an approved form.
27.2 In the case of contracts for construction type Works, in addition to the
aforementioned, Suppliers appointed by or on behalf of the Council shall be required
to submit evidence (prior to entering a contract) of a UKAS (or equivalent) accredited
independent third-party certificate of compliance in accordance with ISO 45001 (or
equivalent) or have, within the last 12 months, successfully met the assessment
requirements of a construction-related scheme in registered membership of the
Safety Schemes in Procurement (SSIP) forum, or they must have a regularly
reviewed and documented policy for Health and Safety management
28. Insurance
28.1 Every contract shall contain a clause which requires the Supplier to take out and
maintain, for the duration of the contract, such insurance cover for such amounts as
the Chief Officer or Designated Officer and the Insurance Team may deem relevant
to the contract, including, if appropriate, but not restricted to:
• Employers Liability Insurance
• Public (Third Party) Liability Insurance
• Product Liability Insurance
• Professional Indemnity Insurance, which shall remain in force for a
period of six years beyond the end of the contract
• Third Party Motor Vehicle Insurance
• Other such specialist classes of insurance as advised by the Senior
Manager (Internal Audit, Fraud, Safety & Insurance) 
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29. Performance Bonds and Parent Company Guarantees
29.1 Where considered necessary by the Chief Officer or Designated Officer, the
Council shall require the Supplier to take out a bond, obtain and deliver a formal
parent company guarantee or provide other sufficient security for the due
performance of the contract.
30. Tendering Procedures
30.1 Methods for procuring for all levels of spend are detailed below: of the
following methods: 
Type of Contract Threshold (excluding
VAT)
Procedure
Supplies, Services &
Works
<£2,000 Single quotation
Supplies, Services &
Works
£2,000 to £9,999* Minimum of 3 written
quotes
Supplies and Services £10,000 to £49,9999 Quick Quote via the
Corporate Procurement
Unit
Works £10,000 to £499,999** Quick Quote via the
Corporate Procurement
Unit
Supplies & Services Over £50k • Open Tender
• Restricted Tender
Works Over £500k • Open Tender
• Restricted Tender
Supplies, Services &
Works 
>GPA • Negotiated
Procedure without
Prior Publication of
a Notice
• Competitive
Procedure with
Negotiation
• Competitive
Dialogue Procedure
• Innovation
Partnerships 
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*Works only – if during an on-site Works programme unforeseen requirement are
identified that could cause delay, then in these instances the threshold for a single verbal
quote can be raised to £5,000. Records should be kept supporting the use of the
increased limit.
Where the contract is exempt under Standing Orders 5.1.2 justification for obtaining a
single quote instead of 3 quotes must be recorded and kept for audit purposes.
**Where transparency, non-discrimination and equal treatment are not compromised the
Senior Manager Corporate Procurement retains sole discretion to increase the threshold
for Works up to £2,000,000.
Wherever VAT may be payable under a contract, the Council must ensure that an
allowance for VAT is included in the calculation of the estimated value of the contract for
the purposes of determining whether the contract equals or exceeds the GPA threshold.
30.2 The relevant Chief Officer or Designated Officer in consultation with the
Procurement Officer will determine through market research which procedure will be
used to maximise competition.
30.3 For all procedures apart from Standing Orders 30.7, the relevant Designated Officer
shall seek Tenders from any organisations registered on PCS and PCS-T. 
30.4 Quick Quote
This procedure shall apply when after consultation the Procurement Officer, Service
Team Representative and the Chief Officer or Designated Officer decide that bids will
be invited via Quick Quote and a minimum of 4 bidders will be invited. If we propose to
invite less than 4 bidders to bid, this must be approved by the Senior Manager
(Corporate Procurement). 
Bidders will be invited via the PCS-T e-Tendering portal to submit bids and the
Quick Quote documents will: 
• Specify the nature and purpose of the contract
• Detail selection criteria
• Detail award criteria
• Detail a bid return deadline
A minimum of 7 days must be allowed, between the Quick Quote published date and
the bid return deadline. 
30.5 Open Tender
This procedure shall apply when after consultation the Procurement Officer, Service
Team Representative and the Chief Officer or Designated Officer decide that Tenders
for a contract shall be obtained by open competition. The Procurement Officer shall
publish a contract notice on PCS. The notice shall:
• Specify the nature and purpose of the contract
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• Detail selection criteria
• Detail award criteria
• Detail a Tender return deadline
A minimum of 21 days must be allowed for below GPA threshold procurement and 30
days for above GPA threshold procurements, between the notice published date and
the Tender return deadline.
30.6 Restricted Tender
This procedure shall apply when after consultation the Procurement Officer, Service
Team Representative and the Chief Officer or Designated Officer decide to use a
shortlisting process which limits invitations to Tender to the applicants responding to a
notice. Before inviting Tenders, the Procurement Officer shall publish a notice on PCS.
The notice shall:
• Specify the nature and purpose of the contract
• Detail selection criteria
• Detail the SPD return deadline
A minimum of 14 days should be allowed for below GPA threshold procurements and
25 days for above GPA threshold procurements between the notice published date
and the SPD return deadline (unless otherwise agreed with the Senior Manager
(Corporate Procurement) or Designated Officer).
After the SPD return deadline an Invitation to Tender document shall be issued by the
Procurement Officer via PCS-T to a minimum of five providers, where possible. Where
less than five SPD returns are received from providers advice/approval must be sought
from the Senior Manager (Corporate Procurement) or Designated Officer before
proceeding.
As soon as practical after deciding to exclude applicants from the Tender list
unsuccessful applicants must be given a notice of:
• The names of the applicants proceeding to the second stage
• The criteria used to exclude the applicant
• The applicants scoring against the maximum scoring available and the winning
bidder(s) score.
The Invitation to Tender document shall:
• Specify the nature and purpose of the contract
• Contain all Tender documentation (including award criteria)
• Include the Tender return deadline
A minimum of 21 days for below GPA threshold procurements and 30 days for above
GPA threshold procurements should be allowed between the notice publish date and
the Tender return deadline.
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30.7 Negotiated Procedure without Prior Publication of a Notice (Above GPA)
Negotiated Procedure without Prior Publication should only be used in very exceptional
circumstances. These exceptions should be limited to cases, where publishing a call
for competition is not possible such as situations:
• Where no Tenders, no suitable Tenders, no requests to participate or no suitable
requests to participate have been submitted for a previous Open or Restricted
Tender exercise, provided that the initial conditions of the contract are not
substantially altered. A Tender shall be considered not to be suitable where it is
irrelevant to the contract, being manifestly incapable, without substantial
changes, of meeting the organisation’s needs and requirements as specified in
the procurement documents. A request to participate shall be considered not to
be suitable where the bidder has been or would have been excluded or where it
does not meet the selection criteria.
• Where the Supplies or Services can be supplied only by a particular supplier for
any of the following reasons:
o The aim of the procurement is the creation or acquisition of a unique work
of art or artistic performance
o Competition is absent for technical reasons (only if it is not caused by
artificial narrowing down of the parameters of the procurement and no
reasonable alternative or substitute exists)
o The protection of exclusive rights, including intellectual property rights
(only if it is not caused by artificial narrowing down of the parameters of
the procurement and no reasonable alternative or substitute exists)
• Where it is strictly necessary for reasons of extreme urgency (where the time
limits for the Open or Restricted Procedure or Competitive Procedure with
Negotiation cannot be complied with) brought about by events unforeseeable and
not attributable to the Organisation, such as emergency situations affecting the
public e.g., flooding.
Negotiated Procedure without Prior Publication in case of Goods:
• Where the products involved are manufactured purely for the purpose of
research, experimentation, study, or development, but not including quantity
production to establish commercial viability or to recover research and
development costs. Note this should not be abused to allow a single supplier to
be approached to design an item which must subsequently be purchased as a
result of proprietary rights
• Where a change in supplier(s) would mean that the Organisation would have
compatibility issues or disproportionate technical difficulties; this procedure can
be used to acquire additional deliveries from the original supplier when needed to
replace or increase Supplies or installations. In this case, the contract or
recurrent contract length must not exceed three years, other than in exceptional
circumstances
• For Supplies quoted and purchased on a commodity market
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• For the purchase of Supplies on particularly advantageous terms, from either a
supplier which is definitively winding up its business activities, or the liquidator in
an insolvency procedure, an arrangement with creditors, or a similar procedure
under national laws or regulations.
Negotiated Procedure without Prior Publication in case of Services:
• Where the contract concerned follows a design contest organised in accordance
with the 2015 Regulations and where the contract concerned is to be awarded as
part of the design contest to the winner or winners. Where there is more than one
winner of the design contest, all of them must be invited to participate in the
negotiation
• In instances when all the following apply:
o Where it is for new Services consisting of the repetition of similar Services
performed by the supplier to which the Organisation awarded an original
contract, provided that such Services are in conformity with the basic
project for which the original contract was awarded, and the award
indicated the extent of possible additional Services and the conditions
under which they would be awarded
o The possible use of this procedure was disclosed in the procurement
documents and the total estimated cost of subsequent Services was taken
into consideration by the organisation when applying the thresholds in
relation to the original contract
o Not more than three years have elapsed following the conclusion of the
original contract.
As with all aspects of the Procurement Journey, the activities at this stage must be
carried out in a carefully managed manner that supports the principles of procurement.
As a minimum the processes must be carried out in a transparent way that ensures
there is no distortion of the marketplace, the outcome cannot be a procurement that
unduly favours or disadvantages a particular Supplier, and it is the responsibility of the
organisation to make sure that these requirements are met.
Use of this procedure must be justified; it can only be used in situations which have not
been created by the Council. Reasons why there are no reasonable alternatives or
substitutes such as using alternative distribution channels including outside the UK or
considering functionally comparable Supplies and Services. Where the situation of
exclusivity is due to technical reasons, they should be rigorously defined and justified
on a case-by-case basis. Technical reasons may also derive from specific
interoperability requirements which must be fulfilled in order to ensure the functioning
of the Works, Supplies or Services to be procured. When fixing any time limits the
Council must take account of the complexity of the contract.
A Contract Notice will not be published in this procedure. The only procurement
documents which may be published would be a Voluntary Ex- Ante Transparency
(VEAT) Notice which an Organisation can use to protect itself by sending a VEAT
Notice to GPA prior to entering the contract. It is still mandatory to publish a Contract
Award Notice with this procedure.
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For all procurements detailed in standing order 30.6 a single tender action request       
must be submitted to the Corporate Procurement Unit. 
30.8 Competitive Procedure with Negotiation (above GPA)
The Competitive Procedure with Negotiation lets you clarify bids after their submission
of fully formed initial Tenders. This procedure may be used:
• If you unable to define how to meet your needs technically and/or you cannot
specify the legal or financial requirements of your contract
• For procuring Services or Supplies that require adaptation or design inputs
• In cases of complex purchases, such as sophisticated products, intellectual
Services or major information and communication technology tools
Under this procedure:
• The contract notice will make it clear that the competitive procedure with
negotiation is being used
• Any Supplier may make a request to participate
• The request to participate must be accompanied by an SPD
• Following assessment of the submitted SPDs, the buyer will invite suppliers that
meet the selection criteria to the initial Tender phase
• You may have to start a dialogue with bidders to guarantee a satisfactory
outcome of the procurement process
• This may result in a new or revised Tender being issued
• Finally, leading to a contract award
A record of clear reasons for selecting this approach is required and commercial
confidentiality is of key importance in employing this procedure.
30.9 Competitive Dialogue Procedure (above GPA)
Competitive Dialogue can be used:
• Greater flexibility is needed e.g., highly complex and risky projects
• you are procuring innovative projects
• you are unable to specify your requirements e.g., your technical, financial or legal
solutions. Therefore, bidders may have a major role in defining the solution
• You cannot assess without in-depth dialogue on what the market can offer or
• The Open or Restricted Procedures may not deliver the expected outcomes.
Under this procedure:
• The contract notice will make it clear that the competitive dialogue procedure is
being used and will also set out the award criteria which the public body will apply
during the dialogue stage
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• Any Supplier may make a request to participate
• The request to participate must be accompanied by an SPD
• Following assessment of the submitted SPDs, the buyer will conduct a dialogue
with the Suppliers which meet the selection criteria. The aim of the dialogue will
be to develop one or more suitable alternative solutions capable of meeting the
requirements
• Based on this dialogue the buyer will select Suppliers to invite to Tender.
A record of clear reasons for selecting this approach is required and commercial
confidentiality is of key importance in employing this procedure.
30.10 Innovation Partnerships (above GPA)
Innovation Partnerships can be used where there is a need to develop an innovative
product or Service and there is no existing product or solution currently available on
the market. Under this procedure:
• The contract notice will make it clear that the innovation partnership procedure is
being used
• Any Supplier may make a request to participate
• The request to participate must be accompanied by an SPD
• Following assessment of the submitted SPDs, the buyer will use a negotiated
approach to invite Suppliers to submit ideas to develop innovative Works,
Supplies or Services aimed at meeting a need for which there is no suitable
existing ‘product’ on the market
• The public body is allowed to award partnerships to more than one supplier
A record of clear reasons for selecting this approach is required and commercial
confidentiality is of key importance in employing this procedure.
30.11 Public Social Partnerships (PSP)
A PSP is a strategic partnering arrangement which involves the third sector earlier and
more deeply in the design and commissioning of public services.
The third sector is often best placed to interact closely with communities and its
involvement can mean that people have more choice and control over what Services
are delivered locally. A PSP differs from other commissioning approaches in that it
starts with the need to be addressed, not the Services available.
A PSP typically comprises 3 stages:
• Third sector organisations work with the public sector purchasers to design a
service
• A short-term pilot may be run to help refine the service delivery parameters
• The Service is further developed to maximise community benefit before being
competitively tendered, typically within three-four years
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The Senior Manager (Corporate Procurement) or Designated Officer must be
consulted and agree that a PSP is the correct approach.
31. Electronic Tendering
31.1 All Tenders must be advertised by electronic means through PCS and the
Tender process will be progressed through the PCS-T e-Tendering system. All Quick
Quotes, Dynamic Purchasing Systems Invitations to Tender and Mini Competitions
will be invited, and submissions accepted via PCS-T. 
32. Submission of Tenders
32.1 The Invitation to Tender shall state that a Tender will not be considered unless it
is received electronically by the date and time stipulated in the Invitation to Tender.
No Tender delivered in contravention of this clause shall be considered.
32.2 All invitations to Tender shall include the following: -
• A specification that describes the Council’s requirements in sufficient detail to
enable the submission of competitive offers
• A requirement for tenderers to declare that the Tender content, price or any other
figure or particulars concerning the Tender have not been disclosed by the
tenderer to any party (except where such a disclosure is made in confidence for a
necessary purpose)
• A requirement for tenderers to complete fully and sign all relevant Tender
documents including a form of Tender
• Notification that Tenders are submitted to the Council on the basis that they are
compiled at the tenderer’s expense
• A description of the award procedure and evaluation criteria (including
quality/price ratio, weighted quality criteria and price scoring model). The award
procedure and evaluation criteria must remain unchanged throughout the Tender
process
• The method by which any arithmetical errors discovered in the submitted Tender
is to be dealt with. In particular, whether the overall price prevails over the rates
in the Tender or vice versa.
32.3 All Invitations to Tender must specify the Supplies, Services or Works that are
required, together with the terms and conditions of contract that will apply.
32.4 The Invitation to Tender must state that the Council is not bound to accept any
Tender or accept any part of any Tender.
32.5 All candidates invited to Tender must be issued with the same information at the
same time and subject to the same conditions through PCS or PCS-T. Any
supplementary information must be provided on the same basis.
32.6 Candidates invited to respond must be given an adequate period in which to
prepare and submit a proper quotation or Tender, consistent with the urgency of the
contract requirement. Normally at least 3 weeks should be allowed for submission of
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Tenders. For all Tenders that exceed the GPA threshold, the GPA timescales will
apply.
33. Late Tenders
33.1 No Tenders received after the closing date and time for submission shall be
considered. Where a Tender is late due to a failure or lack of availability of the
electronic tendering platform, and which is not attributable to the tenderer or as the
case may be their agent, the express approval of the Senior Manager (Corporate
Procurement) shall be required to admit the Tender for consideration.
34. Opening of Tenders
34.1 Due to the system controls in place all Tenders shall be opened by an
authorised user, using the parallel opening functionality on PCS-T as soon as it is
practical to do so.
34.2 The Senior Manager (Corporate Procurement) or Designated Officer shall
ensure that for each e-tendering project, the system shall keep and, if required,
produce a record showing the date and time when Tenders where opened.
35. Checking of Tenders
35.1 All Tenders shall be subject to checking for completeness and errors by an
appropriate officer nominated by the Chief Officer of the service concerned. Any
arithmetical errors that result in a change to the pricing submitted must be
documented.
35.2 Tenders for construction Works shall be checked in accordance with current
industry best practice and relevant practice notes.
36. Evaluation of Tenders
36.1 Apart from the notification required or permitted by Standing Order 36.3:
• Confidentiality of qualification, quality and commercial responses, and the identity
of bidders must be preserved at all times, including during the Procurement
Exercise process and after the contract is awarded
• Information about one candidate’s response must not be given to another
candidate
36.2 During the evaluation process, Officers will be given access to information about
the Tender responses or the identity of tenderers. This information must be kept
confidential as it could be commercially sensitive, or subject to a non-disclosure
agreement. This information must not be shared out with those involved in the
evaluation or decision approval process. The only information that will be disclosed
publicly after the award of the contract will be the awarded Supplier’s company name
and bid value. Unsuccessful bidders will be provided with the costs and quality score of
the winning bid and their own cost and quality score.
36.3 Contracts must be evaluated and awarded in accordance with the Award Criteria
stated in the contract notice or Tender documents and in compliance with Standing
Order 32.2.
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36.4 Where genuine pricing errors are found, they should be notified to the tenderer,
who should be requested to confirm or withdraw their Tender. Alternatively, if the
individual figures in the Tender, rather than the overall price, were stated within the
Invitation to Tender as being dominant, an amended Tender price may be requested to
accord with the figures given by the tenderer.
36.5 Chief Officers or Designated Officer shall ensure that submitted Tender prices are
compared with any pre-Tender estimates/budgets and that any discrepancies are
examined and resolved satisfactorily. Budgets and Tender prices will be detailed in the
Procurement Outcome Report.
36.6 Where changes to the Tender are reasonable by the tenderer, and where such
change is viewed to be reasonable by Council staff, erroneous figures shall be
adjusted, and the Tender recalculated arithmetically. Changes to the Tender figure
should be signed by the tenderer. A letter or email from the tenderer, confirming and
agreeing to the changes in erroneous figures shall also be appended to the Tender
response documents.
36.7 The original Tender form shall be amended to reflect the outcome of any new
Tender offer and the changes shall be signed by the tenderer.
36.8 At the end of the evaluation process, Tender evaluation summary sheets shall be
signed by the Evaluation Panel.
36.9 The evaluation panel must be made up a panel of at least 2 for Tenders over the
value of 50K for Supplies and Services and £500K for Works.
36.10 Tenders received in respect of proposed contracts should only be accepted
where they have been sought and evaluated fully in accordance with these Standing
Orders.
37. Abnormally Low Bids
37.1 Investigating abnormally low bids is a mandatory obligation. Any Tender
considered to be an abnormally low bid in relation to either the proposals or the
anticipated contract value must be investigated and clarified.
37.2 Any such proposal should be excluded from any further consideration in the
event that investigation and clarification fail to resolve identified issues. The
Procurement Officer must consult with the Senior Manager (Corporate Procurement)
before any final decision is taken.
38. Post Tender Clarifications
38.1 Between the last date and time for the receipt of Tenders and the date on which
a decision is taken as to which, if any, Tender is to be accepted, the Senior Manager
(Corporate Procurement) or any Procurement Officer designated by them may
contact a tenderer in respect of any Tender submitted in order to seek clarification on
the terms of the Tender.
38.2 Where any factor giving rise to post Tender clarifications is not specific to one
tenderer, all tenderers must be invited to participate in such clarification
communications. There must be no material change to the specification(s) and/or
criteria on which Tenders are to be evaluated. If it becomes apparent that a material
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change is required, the tendering process must be recommenced with a revised
specification or award criteria.
38.3 A full written record shall be kept of all such clarifications and shall be retained
with the original Tender.
38.4 This provision shall not be used in any way to permit any tenderer to amend
their bid in a manner that allows them to improve their offer, nor to put other
tenderers at a disadvantage nor to distort competition. All tenderers must be treated
at all times equally and in an open, transparent and fair manner.
39. Post Tender Negotiations
39.1 Once the evaluation of tenders has been completed in accordance with
Standing Order 36, the Chief Officer may request the Senior Manager (Corporate
Procurement), or any Procurement Officer designated by them to enter into Post
Tender Negotiations. Such negotiations shall take place with the tenderer who has
submitted the Most Economically Advantageous Tender for a contract; and where
there is scope for improvement in the Tender received and that such negotiations will
be in the best interests of securing Best Value and improved terms and conditions for
the Council.
39.2 Where it is considered possible that Post Tender Negotiations might apply, a
clear indication will be given to prospective Suppliers in the instructions to tenderers
that Post Tender Negotiations might be considered.
39.3 A full record (which shall include copies of all written communications) shall be
kept by the Corporate Procurement Unit of all contracts where Post Tender
Negotiations have been used and the written record will be retained with the original
Tender. The written record will include the justification for authorising Post Tender
Negotiations, the nature of the negotiations undertaken, the outcome of such
negotiations and shall detail any additional terms agreed by the Council.
39.4 This Standing Order 39 shall not be used in any way to put any tenderer at a
disadvantage or to distort competition, and it shall not be used to make any change to
the specification(s) and/or criteria on which the identified Tender is to be assessed.
40. Acceptance of Tender
40.1 Every Tender issued shall state the award criteria as the Most Economically
Advantageous Tender. Lowest price is no longer legally compliant for procurements
over £50K for Supplies and Services and over £2,000,000 for Works. The evaluation
of all bids received shall take place in accordance with the criteria specified in the
Tender documentation.
40.2 No Tender shall be accepted unless:
• The appropriate Chief Officer or Designated Officer is satisfied that the selection
criteria stated within the Tender have been met
• The appropriate Chief Officer or Designated Officer is satisfied, in accordance
with the award criteria, that the Tender is the Most Economically Advantageous
Tender and technically compliant proposal for the Council.
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40.3 Where the value of the contract (including optional extensions and collaborative
partners spend) does not exceed £500,000 it shall be accepted upon written approval
of the appropriate Chief Officer and Designated Officers. For Procurement Exercises
over £10,000 for Supplies and Services and over £10,000 for Works a procurement
outcome report will be prepared setting out details of the bids received. Subject to the
procedures of Standing Orders 40.2 being adhered to, the contract acceptance and
award letter will be issued by the Senior Manager (Corporate Procurement) or
Designated Officer.
40.4 Where the value of the contract is more than £500,000 (including optional
extensions and collaborative partners spend), a procurement outcome report will be
prepared setting out the details of the Tenders received. A Tender shall be accepted
upon the written approval of the Chief Executive, Chief Officer and Senior Manager
(Corporate Procurement). In the absence of the Chief Executive, such Tenders shall
be accepted on the written approval of an appropriate Executive Director (from out with
the Procuring Directorate) in consultation with the Monitoring Officer/Chief Finance
Officer, the appropriate Chief Officer (from the procuring Service and Senior Manager
(Corporate Procurement). Subject to the procedures of Standing Order 40.2 being
adhered to, the contract acceptance and award letter will be issued by the Senior
Manager (Corporate Procurement) or Designated Officer
40.5 For all Tenders over the GPA threshold a Mandatory Contract Standstill Period
must be observed prior to the award of contract. The Mandatory Contract Standstill
Period must be for a period of at 10 calendar days. The standstill period starts the day
after the award letter is issued and ends 10 calendar days later. If the end date is a
weekend day the standstill period will end on the Monday.  If the end date is on a bank
holiday, the standstill period will end the following day.
41. Form of Contract
41.1 Except where otherwise agreed by the Chief Executive or Designated Officer
and the Head of Democratic Services every contract shall be in writing, shall be
signed by the appropriate Chief Officer, Designated Officer or other officer specifically
authorised by him/her for this purpose and shall be subject to the laws of Scotland
and the jurisdiction of the Scottish Courts.
42. Nomination of Sub-Contractors
42.1 Where the Council nominates a sub-contractor or supplier to a main contractor,
in the absence of any statutory requirements setting out different procedures, all
Tenders must be invited by the Council in accordance with the relevant tendering
procedures laid down in these Standing Orders.
42.2 The terms of the invitation will require an undertaking by the tenderer that, if
selected, they will be willing to enter into a contract with the main contractor in terms
which may indemnify the main contractor against their own obligations under the
main contractor for the Works, Supplies or Services included in the sub-contract.
43. Contract Register
43.1 The Reform Act requires the Council to publish an external Corporate Contract
Register for all Regulated Procurements. The Corporate Procurement Unit shall be
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responsible for updating the Council’s Contracts Register. The contract register must
include the:
• Contract name and description
• Contract reference number
• Contract value
• Supplier name and address details
• Commencement date for contract
• Termination date for contract
• Any optional extension dates
43.2 It is the responsibility of Chief Officers or their Designated Officer to regularly
review the contract register to ensure that the register accurately reflects all known
contracts. Chief Officers or Designated Officer should notify the Corporate
Procurement Unit of any new contracts or required amendments in order that the
Council can meet the legal requirement of publishing an accurate complete Corporate
Contract Register.
44. Modifications to Contract
44.1 Consideration must be taken of the value, type and scope of the modification
relevant to the original contract. Modifications cannot be considered if the terms and
conditions of the contract do not allow for this or if the value and/or scope of the
modification are significantly different from the original contract.
44.2 Any modifications to the scope, duration, terms and conditions or value, should
not be agreed without the prior approval of the Senior Manager (Corporate
Procurement) or Designated Officer and without having necessary budget provision.
If the modification to contract is approved, the Corporate Procurement Unit will issue
contract modification letters.
44.3 For Taxis or other Services, with a high frequency/quantity of modifications,
details of all modifications to contract must be held in writing by the relevant service
team Officer.
44.4 Any modifications not issued by the Corporate Procurement Unit must be
agreed with the Senior Manager (Corporate Procurement).
45. Termination of Contracts
45.1 Every contract shall contain a provision allowing for the contract to be
terminated.
45.2 The Chief Officer or Designated Officer may request to terminate any contract or
the Council’s participation in a Framework Agreement, subject to consultation with
the Head of Democratic Services and the Senior Manager (Corporate Procurement.)
45.3 Any termination shall be subject to the Head of Democratic Services and the
Senior Manager (Corporate Procurement) being satisfied that it is reasonable and in
the interests of the Council to exercise that power.
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45.4 Details of all terminations to contract must be held in writing and copies retained
by the Corporate Procurement Unit.
46. Post Contract Monitoring and Evaluation
46.1 During the life of the Contract the Contract and Supplier Management Policy
contained within the Procurement Manual will apply.
47. Interest of Members
47.1 A member of the Council with a personal interest in a matter who attends the
meeting of the Council at which the matter is considered must disclose to that
meeting the existence and nature of that interest at the beginning of that meeting or
when the interest becomes apparent, in compliance with the Councillor’s Code of
Conduct in terms of Section 1 of the Ethical Standards in Public Life etc. (Scotland)
Act 2000.
47.2 A member with a personal interest in a matter also has a prejudicial interest if
the interest is one which a member of the public with knowledge of the relevant facts
would reasonably regard the interest as so significant that it is likely to prejudice the
member’s discussion or decision making in their role as a Councillor. A member with
a prejudicial interest in any matter must:
• Withdraw from the room where a meeting is being held whenever it becomes
apparent that the matter is being considered at that meeting; and
• Not seek improperly to influence a decision about that matter
48. Interest of Officers
48.1 In addition to his or her duty under Section 81 of the 1973 Act and the
requirements of the 2003 Act, if any officer of the Council finds that he or she has a
disclosable financial interest in any contract which has been or is proposed to be
entered into by the Council or in some other matter which is to be considered by the
Council or any of its Committees or Sub-Committees other than:
• A contract of employment under which he or she serves the authority or
• The tenancy of a dwelling provided by the Authority
He or she must as soon as practicable give notice of the fact in writing to the Chief
Executive.
48.2 For the purpose of this section, a disclosable financial interest is an interest that, if
the officer were a member of the Council and if the contract or other matter were to be
considered at a meeting of the Council at which he or she were present, he or she
would have to disclose under the provision of the Councillor’s Code of Conduct
referred to in Standing Order 47.1.
48.3 The Chief Executive shall record in a register to be kept for the purpose,
particulars of any notice of a financial interest given by an officer under Section 81 of
the 1973 Act or under paragraph 87.1 of the Standing Orders.
49. Disposal of Surplus or Scrap Materials/Equipment
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49.1 These standing orders also apply for the disposal of surplus of scrap materials
and equipment. The Chief Executive may authorise the adoption of an appropriate
method of doing so following a recommendation from the Chief Officer of the Service
concerned. This method should be adopted in line with the provisions contained
within these standing orders and where more than one offer is received, the highest
satisfactory offer will be accepted.
50. Disposal of Interest in Land and Building
50.1 The Policy for Property Acquisition and Disposal as set out in Annex A shall
apply to the making of contracts for the disposal by the Council of its interest in land
or buildings (including the disposal by lease thereof, other than leases by the Council
for periods not exceeding 5 years) where the interest has been declared surplus to
the Council’s requirements. Except in cases of community transfers (in accordance
with the Council’s policy for the Transfer of Assets to the Community), or otherwise in
accordance with the Disposal of Land by Local Authorities (Scotland) Regulations
2010 where more than one offer is received the highest satisfactory offer shall be
accepted. Any disposal for less than the recorded value must fulfil the requirements
of the Disposal of Land by Local Authorities (Scotland) Regulations 2010.
51. Variation and Revocation
51.1 These Standing Orders may be varied or revoked by the Council and any
motion to vary or revoke these Standing Orders (which motion shall conform to the
requirements of Standing Order 22 of the Standing Orders Relating to Meetings and
Proceedings of the Council and Committees) shall, when proposed and seconded,
stand adjourned without discussion to the next ordinary meeting of the Council.
52. Thresholds and VAT
52.1 All monetary thresholds contained within the Standing Orders are exclusive of
VAT, unless otherwise stated.
53. Commencement
53.1 These Standing Orders Relating to Contracts shall apply and have effect from
18 September 2025. These Orders supersede the Standing Orders approved by the
Council on 18 September 2024.
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Annex A – Disposal of Property/Land
Procedures for Inviting and Opening Offers Relating to the Sale/Lease of
Property Where a Closing Date has Been Fixed.
1. Introduction
1.1 In all cases where offers for the sale or lease of Council property have been
invited following appropriate authorisation from the relevant Committee or the
Chief Executive in terms of the Scheme of Delegation to Officers, and a
closing date has been fixed, the procedures set out below must be followed.
1.2 Prior to carrying out the sale or lease of the property, the Executive
Director of Place or Designated Officer shall obtain from the relevant
Planning Officers, a report on the planning history of the property,
including a development brief document, where appropriate, which
information where relevant, will be incorporated into any marketing material
which shall be used as part of the evaluation process of offers.
1.3 No proposal for the development of or investment in land, property or building
fabric shall be made to the Council or Cabinet without prior approval of the
Executive Director of Place or an officer designated by them.
2. Invitation to Submit Offers
2.1 When inviting offers it is important that uniform instructions are given, and
the following information must therefore be included in all instructions:
2.1.1 Interested parties shall be notified by the Executive Director of Place or
Designated Officer that a closing date, including the date and time for
submission has been fixed.
2.1.2 Interested parties must be informed that it is their responsibility to have
the offer, in Scottish legal form emailed to the specified email address, on
the instructions by 12 noon on the designated day. Under no
circumstances will a late offer be considered, and any offer arriving after
the specified time will not be accepted. The principal offer should also be
sent to the Council but this will not need to be received by the deadline for
email submission. No contract will be concluded until the principal offer is
received.
3. Offer Return and Notification Record
3.1 The Executive Director of Place or Designated Officer must prepare an
offer return form for every sale or lease.
4. Procedure for Considering Offers
4.1 The Senior Manager, Legal Services or Designated Officer will collate offers
received in the email inbox by the deadline for submission. Any offers arriving
after the specified time will be highlighted as a late offer.
4.2 The Senior Manager, Legal Services or Designated Officer will, as soon as
possible after the closing of offers, collate the offers received, complete the
offer return form and circulate all offers received to the Head of Service
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(Finance) or their nominee who along with the Senior Manager, Legal Services
or their nominee shall verify the validity of the offers.
5. Acceptance of Offers
5.1 Offers received and verified as provided for above, shall be evaluated jointly
by representatives of the Executive Director (Place) and the Head of
Democratic Services prior to any further action being taken. In the event that
it is determined to proceed to accept an offer received, it will then be accepted
in the following manner:
5.1.1 Where the value of the offer to purchase or the annual rental does not exceed
£300,000 or £120,000 respectively, acceptance of the offer may be
authorised by the Executive Director (Place) in terms of the Scheme of
Delegation to Officers.
5.1.2 Where the value of the offer to purchase or lease exceeds the respective
limits set in 5.1.1 above, a report shall be submitted to the Cabinet for
authorisation to accept the offer.
5.2 All formal legal documentation in respect of offers relating to the sale or lease
of property shall be undertaken by the Head of Democratic Services or
their nominee.
5.3 Unsuccessful parties will be notified by the Executive Director (Place) or their
nominee that their offer has not been successful.
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Annex B – Health & Social Care Services
Procedures for Commissioning of Health and Social Care Services
1. Introduction
1.1 In accordance with Standing Order 4, the Contract Standing Orders shall apply to
the procurement of contracts for Health and Social Care Services subject to the
special procedures set out in this Annex.
1.2 These procedures are intended to accord with and reflect the principles set
down in the Statutory Guidance issued by Scottish Ministers in terms of the
Procurement Reform (Scotland) Act 2014 as well as the Best Practice Guidance
on the Procurement of Care and Support Services 2016 issued in terms of the
Procurement Reform (Scotland) Act.
1.3 All Health and Social Care Services procurement will be undertaken by the
Corporate Procurement Unit.
1.4 The Director of Health and Social Care Partnership or designated Officer must
satisfy themselves that all procurement has been undertaken and authorised by the
Corporate Procurement Unit in terms of these standing orders.
2. Governing Bodies (Care Inspectorate)
2.1 Any tenderers wishing to provide Health and Social Care Services to the Council
must be registered with Care Inspectorate (or its statutory successor(s)) or any other
relevant regulatory bodies that are a mandatory requirement to the service provision,
where required in terms of the contract.
3. Procedures for Procuring Contracts for Health and Social Care Services
3.1 In accordance with Standing Order 13, a contract for Health and Social Care
Services that has an estimated value in excess of the GPA Threshold for Social and
Other Specific Services must be procured by following a procedure that satisfies the
Council’s duties set out in the 2015 Regulations. If the Light Touch Regime is to be
used, this must be set out in the contract notice.
3.2 In cases of procuring a contract for Health and Social Care Services that has an
estimated value below the GPA Threshold for Social and Other Specific Services,
the Director - Health and Social Care Partnership in conjunction with the Senior
Manager (Corporate Procurement) shall be responsible for deciding whether the
particular contract is one which may be awarded without advertisement and
competition, in accordance with section 12 of the Reform Act.
3.3 In determining whether a contract for Health and Social Care Services may be
awarded without advertisement and competition in terms of paragraph 3.2, the
Director - Health and Social Care Partnership shall take account of the individual
circumstances of the contract, including the subject matter and estimated value of
the contract, the specifics of the service sector concerned and the geographic
location of the place of performance of the contract to firstly identify whether there is
likely to be a cross-border interest in the contract. The Director - Health and Social
Care Partnership, following consultation with the Senior Manager (Corporate
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Procurement), may determine that there is no cross- border interest in the contract
where:
• The service is of such a specialised nature that no cross-border market of
suitable service providers exists
• Advertising the contract would result in the loss of a linked service
• The service is one that in accordance with the SDS 2013 Act the individual service
user has a choice in selecting the provider
3.4 Where the Director - Health and Social Care Partnership decides under
paragraphs 3.2 and 3.3 above that a contract is likely to attract a cross-border
interest, it should be procured by way of a competitive process and it will be
advertised in accordance with Standing Order 14 unless the Director - Health and
Social Care Partnership with the agreement of the Senior Manager (Corporate
Procurement) decides that there are special circumstances justifying a departure
from that requirement. Such decisions will be taken on a case-by-case basis and
advertising may not be required where, for example:
• The needs of the service user(s) concerned would be best met by a particular
service provider
• The existing service provider(s) are the only service provider(s) capable of
delivering the service to meet the needs of the individual(s) concerned
• The nature of the service is such that it should not or cannot be adequately
specified in advance because of the nature of the social care needs of the service
user(s) concerned
• There are special circumstances such as ownership of land or property, geographic
locations or particular skills or experience of service providers of social care which
limit the choice to one service provider
• There are reasons of extreme urgency, brought about by unforeseen events which
are not attributable to the Council.
3.5 Where the Director - Health and Social Care Partnership decides under paragraphs
3.2 and 3.3 above that EU Treaty Principles do not apply to a contract for Health and
Social Care Services, he/ she may also decide with the agreement of the Senior Manager
(Corporate Procurement) that Standing Order 14 shall not apply to that contract.
3.6 The Director - Health and Social Care shall be required to maintain a list of all
proposed contracts which he/ she decides do not require to be advertised on the basis of
the determinations made under paragraphs 3.2, 3.3, 3.4 or 3.5 above. He/ she shall
provide a copy of that list to the elected members on an annual basis. Any decisions
taken under paragraphs 3.2, 3.3, 3.4 or 3.5, that neither advertising nor competition will be
required for a particular contract shall be subject to review by the Director - Health and
Social Care Partnership at regular intervals (and at least annually).
3.7 The decisions (and subsequent review of those decisions) taken by the Director -
Health and Social Care Partnership under this Annex will all be fully documented. Any
reasons for deciding that a proposed contract will not be advertised must be recorded and
included on the list which is to go to the elected members under paragraph 3.6.
Appendix 2
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3.8 In addition to demonstrating how Best Value will have been achieved, the contracting
service will be responsible for evidencing the reasons referred to under paragraph 3.6.
Document Control Summary:
Location – I:\Committee Services\Publications\05 Standing Orders Relating to Contracts
Appendix 2
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39 
Last Revised: Revised By Nature of Revision
July 2018 MJA Correction of typographical errors
September
2020
MJA Changes approved by Council on 23 September
2020
February 2022 WT Minor grammar changes, minor layout changes,
changes in terminology from OJEU to GPA, new
paragraph added on VAT at section 14 and
updated Annex A STAR form.
April 2022 SQ Expanded introduction relating to the purpose.
Changed the flow of sections in line with the
procurement process.
Added more definitions.
Amalgamated exemption for Frameworks and
Dynamic Purchasing Systems.
Changed Thresholds:
From single quote up to 1K, verbal 3 quotes 1K to
5K and 3 written quotes 5K to 10K. Quick Quote
for Works 10K to 100K
To Single quote up to 2K, 3 written quotes 2K to
10K, Quick Quote for Works 10K to 500K
Amalgamated single stage and open tender
section and restricted and two stage section to
simplify.
Added sections for technical specification,
community benefits, novation, Frameworks and
Dynamic Purchasing Systems, abnormally low
bids, supported business and reserved contracts.
Expanded sections – Evaluation of tenders (to
make confidentiality clearer), Insurance,
Purchase of Goods, Service or Works (to make
consultation with procurement to check if contract
on the contract register can be used clearer)
Added information re the legislation taking
precedence over standing orders. Exemptions
cannot contravene legislation. 
Appendix 2
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40 
April 2023 SQ Removed special circumstances approved by
Chief Executive and Cabinet in section 5. As
permissible special circumstances are already
addressed and procurement legislation would
supersede the standing orders if decisions in
breach of legislation are made.
Added guidance on service teams progressing
direct awards under 50K out with the Corporate
Procurement Unit.
June 2023 MT Removal of several annexes including Request
for Procurement Action (RPA) Single Tender
Action Request (STAR) and Conflict of Interest
Declaration Form and updated reference to
annex throughout the standing orders.
May 24 SQ Corrected typos, and made wording more robust,
removed ability to reduce tender timescales if a
PIN is issued, added more information to the
standstill section and replaced tender outcome
report with procurement outcome report.
Appendix 2
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41 
September
2025
SB 1. Introduction - amended purpose to improve
wording
5. Exemptions - removed exemptions that are
subject to the rules of the Standing Orders and
add other exemptions following a benchmarking
exercise with other councils.
9. Collaboration - removed reference to social
care in collaboration section 9 as the same rules
apply throughout the Council
15. Procedures prior to commencing procurement
exercises – added exemptions up to £2m for
works from progressing a contract strategy.
Added RPAs can be signed by Head of Service
(Financial Services) if multiple budget
lines/budget holders involved. 
17. Tender Documents – added any T&C
proposed that are not NAC standard or industry
standard must be approved by Legal Services. 
30. Tendering Procedures – added and
amalgamated procedures for all levels of spend
and added narrative and timescales for Quick
Quotes
40. Acceptance of Tender - Amended to £2m for
works which is the legislative threshold where
cost and quality requirements are legislative. 
Appendix 2
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Financial Regulations – September 2025
1. Scope and Observance 
1.1 Section 95 of the Local Government (Scotland) Act 1973 states that: 
“….every local authority shall make arrangements for the proper administration of their
financial affairs and shall secure that the proper officer of the authority has responsibility
for the administration of those affairs.” 
1.2 These Financial Regulations fulfil this requirement by providing a mandatory framework
for the financial administration of North Ayrshire Council and will apply to every financial
transaction and to every employee throughout the Council. 
1.3 It is the duty of Heads of Service to ensure that all relevant employees are familiar with
these Regulations and other relevant documents detailed at Section 10 below and that
they are adhered to. 
1.4 Failure to observe these Financial Regulations may be regarded as a breach of trust and
may lead to disciplinary action. 
2. Principals of Financial Administration 
2.1 The financial affairs of the Council will at all times be conducted in accordance with the
seven principles of public life as set out by the Nolan Committee on Standards in Public
Life: 
Selflessness: Employees will not take decisions which will result in any financial or other
benefit to themselves, their family or friends. Decisions will be based solely on the
Council’s best interests. 
Integrity: Employees will not place themselves under any financial or other obligation to
an individual which might influence them in their work with the Council. 
Objectivity: Any decisions which employees make in the course of their work with the
Council will be based solely on merit. 
Accountability: Employees are accountable to the Council as their employer and, in
turn, to the public. 
Openness: Employees will be as open as possible in all the decisions and actions that
they take. 
Honesty: Employees have a duty to declare any private interests which might affect their
work with the Council. 
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Leadership: Management will promote and support the above principles by leadership
and example. 
2.2 In order to comply with these principles of public life, no employee must be in a position
where they experience a conflict of interest between their personal life and their
employment with North Ayrshire Council. 
Examples of conflicts of interest will include: 
Procurement: purchasing goods or services from a supplier with whom the employee is
either directly involved or with whom the employee has a family relationship or close
friendship. Further guidance is contained within the Standing Orders Relating to
Procurement. 
Systems: an employee must not access or update records which relate either to
themselves or family or close friends. 
Service Delivery: an employee must not make decisions on service provision which could
result in a favourable outcome for themselves or family or close friends. 
Where an employee perceives a possible conflict of interest in relation to these or any
other transactions of the Council, this must be declared to their line manager and steps
put in place to prevent this materialising. Failure to do so may lead to disciplinary action. 
2.3 No financial transactions will take place unless they fall within the legal powers of the
Council. In cases of doubt, Heads of Service must consult with the Head of Democratic
Services to obtain clarification as to legality before any liability or expenditure is incurred.
Expenditure on new service developments, initial contributions to other organisations and
responses to new emergency situations which require expenditure must be clarified as to
legality prior to being incurred.  
2.4 The Local Government in Scotland Act 2003 places the duty on local authorities to make
arrangements that secure ‘Best Value’. ‘Best Value’ is defined in the Act as ‘continuous
improvement in the performance of the authority’s functions’. 
3. Role of the Council 
3.1 The full Council is responsible for setting the Council’s annual budgets, housing rent and
Council Tax levels. The Council is also responsible for approving the Annual Treasury
Management and Investment Strategy. 
4. Role of the Cabinet 
4.1 The Cabinet is responsible for monitoring the use of the Council’s resources throughout
the financial year. 
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5. Role of Audit and Scrutiny Committee 
5.1 The Audit and Scrutiny Committee will monitor the effectiveness of controls maintained by
Heads of Service within their Service. 
6. Role of Head of Finance 
6.1 The Head of Finance is the proper officer of the Council under Section 95 of the Local
Government (Scotland) Act 1973 for the administration of the financial affairs of the
Council. 
6.2 All accounting procedures and records of the Council will be determined by the Head of
Finance and all accounts and accounting records of the Council will be compiled by or
under the direction of the Head of Finance. 
6.3 The Head of Finance will act as financial adviser to the Council, the Cabinet and all its
Committees and will monitor and report on the financial performance and position of the
Council. 
6.4 The Head of Finance will be entitled to: 
• access to any information and to be given such explanations as are considered
necessary;
• issue, and require compliance with, any instructions on any aspect of financial
administration;
• examine administration and control systems within any Service of the Council and
secure any improvements which are considered necessary. 
7. Responsibilities of Chief Executive, Executive Directors and Heads of Service 
7.1 The Chief Executive, Executive Directors and Heads of Service are accountable for the
financial performance of their Services within the budgets allocated. 
7.2 They will ensure at all times that they and their employees endeavour to secure the best
value for expenditure incurred by them when pursuing the objective of achieving the
policies of the Council. 
7.3 The Chief Executive, Executive Directors and Heads of Service are responsible for the
maintenance of effective controls within the financial procedures operated by their
Services. 
8. Accounting and Internal Control 
Internal Control 
8.1 The following principles will be observed in the allocation of duties:
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• There must be an effective separation of duties so that the different stages of
financial transactions are progressed by different people;
• Financial transactions will be subject to internal check to reduce the likelihood of
fraud and errors. 
8.2 Procedures for calculating, checking and recording sums due to or by the Council should
be arranged in such a way whereby the work of one person is proven independently or is
complementary to the work of another and these operations will be separated from the
duty of collecting or disbursing such sums. 
8.3 There will be regular management review by service managers of financial transactions,
other than budget monitoring, to ensure the accuracy and completeness of financial
records. 
Authorisation 
8.4 Authorisation of financial transactions indicates acceptance of responsibility for them. 
8.5 Heads of Service are responsible for determining the numbers and distribution of
authorising officers to meet the needs of their Service. 
8.6 An officer must not authorise a transaction in which they have a personal interest. 
8.7 A register of all authorised signatories will be maintained by the appropriate section and
kept up-to-date. Entries on this register will be authorised by Heads of Service and will
detail the following: 
• Names, designations and locations of authorised signatories;
• The financial authorisation limits placed upon individual officers;
• Sample signatures of authorising officers. 
Monthly Financial Performance 
8.8 Each Head of Service or nominated senior manager will monitor expenditure and income
against approved budgets and provide information to Finance to support projections and
on actions being taken to address potential overspends or income shortfalls. 
Annual Statement of Accounts  
8.9 Each Head of Service will, at dates to be specified by the Head of Finance, submit to the
Head of Finance such information as is required in order that the Council’s annual
accounts can be closed. 
9. Internal Audit  
9.1 Internal Audit will carry out independent reviews of financial and other systems of the
Council to ensure that the interests of the Council are protected. 
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9.2 The objective of Internal Audit is to assist Elected Members and Council officers in the
effective discharge of their responsibilities by reviewing and evaluating:
• the completeness, reliability and integrity of financial and other management
information;
• the systems established to ensure compliance with corporate and departmental
policies and procedures and legislative requirements;
• the means of safeguarding assets;
• the economy, efficiency and effectiveness with which resources are employed;
• the extent to which operations are being carried out as planned and objectives are
being met. 
9.3 The Senior Manager (Audit, Fraud, Safety, Risk and Insurance) reports to the Head of
Finance. In addition, the Senior Manager has the right of direct access to the Chief
Executive and the Chair of the Audit and Scrutiny Committee on any audit matter. 
9.4 In relation to Internal Audit work being carried out, the Senior Manager (Audit, Fraud,
Safety, Risk and Insurance) and any member of the Internal Audit section has the
authority to: 
• Enter at all reasonable times and without notice any premises or land of the Council,
provided that where such premises or land are leased to a third party the terms of the
lease are observed;
• Have access to, and remove, all records (both paper and electronic), documents and
correspondence within the possession or control of any officer of the Council, relating
to any financial or other matters of the Council;
• Be provided with a separate log-in to any computer system within the Council and
have full access to any system, network, personal computer or other device in the
ownership of the Council;
• Require and receive explanations concerning any matter under examination from any
employee, including Chief Officers, and request such explanations from any Elected
Member;
• Require any employee of the Council to produce cash, stores or any other Council
assets under their control. 
10. Associated Procedures and Codes of Practice  
The following is a list of other documents which should be read in conjunction with these
financial regulations: 
10.1 Codes of Financial Practice 
Although not contained within the body of these financial regulations, Codes of Financial
Practice will be issued under their authority and will have the same status as if they were
included therein. 
The Codes of Financial Practice are maintained by the Head of Finance.  
10.2 Corporate Procurement Strategy 
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This document sets out the recommended activities and procedures required when
purchasing all externally provided goods, services and works. 
The strategy is maintained by the Head of Finance. 
10.3 Standing Orders Relating to Contracts 
The Standing Orders Relating to Contracts set out how the Council will invite tenders and
let contracts for the supply of goods, services and works.  
This document is maintained by the Head of Democratic Services. 
10.4 Scheme of Delegation to Officers 
The Scheme of Delegation to Officers contains details of those functions both statutory
and non-statutory which the Council has chosen to delegate to officers.  
The Scheme of Delegation is maintained by the Head of Democratic Services. 
10.5 Risk Management Strategy 
The Risk Management Strategy sets out the Council’s approach to dealing with risk and
explains how risk management should be integrated throughout the Council. The
document also defines the roles and responsibilities of Elected Members and officers in
dealing with risk 
The Strategy is maintained by the Head of Finance. 
10.6 Code of Corporate Governance 
The Council’s local Code of Corporate Governance demonstrates how the Council
complies with the seven core principles of good corporate governance which are outlined
in the CIPFA/SOLACE framework ‘Delivering Good Governance in Local Government’. 
The local Code of Corporate Governance is maintained by the Head of Democratic
Services. 
10.7 Annual Treasury Management and Investment Strategy. 
The Annual Treasury Management and Investment Strategy sets out the Council’s
strategy for borrowing and managing investments. 
The strategy is maintained by the Head of Finance. 
11. Irregularities 
11.1 Any evidence or reasonable suspicion of an irregularity relating to any property of the
Council must be reported immediately in accordance with the Council’s Defalcation
Procedures or “Whistleblowing” Procedure, whichever is appropriate. 
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11.2 All reported irregularities will be investigated in accordance with the appropriate
procedure and the Council’s Counter Fraud and Corruption Strategy. 
11.3 Any contact with Police Scotland or the Procurator Fiscal will be made only by the Chief
Executive or by another officer acting with the prior approval of the Chief Executive. 
12. Review of Financial Regulations 
12.1 These Regulations may be varied or revoked subject to a report by the Head of Finance
on any variations and revocations being approved by the Council.
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Appendix 3
Codes of Financial Practice 2025  
Version Date Author Classification
Final 17 September 2025 Not applicable Public
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Contents
Codes of Financial Practice 2025............................................................................................ 1
Code of Financial Practice 1 – Capital Finance ..................................................................... 3
Code of Financial Practice 2 – Revenue Finance .................................................................. 4
Control of Revenue Expenditure............................................................................................. 5
Code of Financial Practice 3 – Control of Income ................................................................. 6
Code of Financial Practice 4a – Treasury Management ........................................................ 8
Code of Financial Practice 4b – Banking ............................................................................... 9
Code of Financial Practice 5 – Imprests ................................................................................. 9
Code of Financial Practice 6 – Tax Management................................................................. 10
Code of Financial Practice 7 – Insurance and Risk Management ...................................... 11
Code of Financial Practice 8 – Salaries and Wages ............................................................ 13
Code of Financial Practice 9 – Expenses ............................................................................. 14
Code of Financial Practice 10 – Procurement of Goods and Services and Payment of
Accounts ................................................................................................................................. 15
Code of Financial Practice 11 – Contracts for Supplies, Services and Works ................. 18
Code of Financial Practice 12 – Assets ................................................................................ 19
Code of Financial Practice 13 – Stores and Inventories ..................................................... 20
Appendix 1 – Definition of Subjective and Objective Expenditure and Income Heads .... 21
Codes of Financial Practice are issued under the authority of the Council’s Financial
Regulations.  They shall be read in conjunction with, and have the same status as, the
Financial Regulations.
It shall be the duty of each Head of Service to ensure that the requirements of the Codes of
Financial Practice are made known to the appropriate staff within their Service and that they
are adhered to.
Failure to comply with Codes of Financial Practice may be regarded as a breach of trust and
may lead to disciplinary action.  
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Code of Financial Practice 1 – Capital Finance
Financial Plans and Capital Estimates
Finance will prepare a financial plan for capital expenditure which covers more than one
financial year.
The annual Capital Estimates will correspond to the first year of the financial plan, subject to
funds being available, and will detail the committed capital projects and new capital projects on
which the Council intends to incur expenditure.
The detailed form of the financial plan and Capital Estimates will be determined by the Head of
Finance.
All Executive Directors and Heads of Service will provide such information as may be required
by the Head of Finance for the purpose of preparing the financial plan and Capital Estimates.
The financial plan and Capital Estimates, along with reports by the appropriate officers, will be
considered by the Council for approval.
Prior to submission to the Council, all new projects or requests for a change in expenditure
profile must be forwarded to the Capital Programme and Assets Group (CPAG) for
consideration. CPAG will ensure that accurate costings are agreed and that appropriate option
appraisals have been carried out.
For any new projects a business case should be completed detailing the need for Investment
or change in service delivery and the options that have been considered.  This should be
forwarded to the Capital Programme and Assets Group (CPAG) for consideration. CPAG will
ensure that accurate costings are agreed and that appropriate option appraisals have been
carried out.
Any requests for a change in expenditure profile should be included in the capital financial
report to be considered by CPAG.
The approval of the financial plan by the Council will permit Heads of Service to:
• incur preliminary expenses and design costs in respect of projects included in the
approved Financial Plan; and
• in conjunction with the Head of Democratic Services, take the necessary steps to
acquire land associated with specified projects included in years one to five of the Plan.
The approval of the Capital Estimates by the Council will permit Heads of Service to proceed
with projects within the Capital Estimates unless:
• the actual tender price of the project or the revised estimate of the project exceeds the
provision in the Capital Estimates, or
• the nature of the capital project has changed substantially from that envisaged when the
Capital Estimates were approved.
In these cases, fresh approval will be sought from the Cabinet before the project proceeds,
which approval will be given only if the capital expenditure can be contained within the overall
capital allocation or if additional funding is identified.
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Control of Capital Expenditure
No expenditure will be incurred without the approval of the Cabinet except as authorised by the
Council’s Scheme of Delegation to Officers and the Standing Orders Relating to Contracts.
No capital expenditure chargeable to the Capital Account will be incurred unless the
expenditure is provided for in the Capital Estimates and meets the definition of capital
expenditure in the CIPFA Code of Practice, which states that “the expenditure results in the
acquisition, construction, or enhancement of fixed assets (tangible and intangible) in
accordance with proper practices”. Scottish Ministers may also issue guidance that it would be
proper practice to capitalise specified expenditure. The Capital Programme and Assets Group
(CPAG) will ensure that projects comply with the definition of capital expenditure.
The approval of the Cabinet will be required before a new capital project out with the financial
plan is introduced into the Capital Estimates.  Such approval will be given only if the
expenditure can be contained within the capital allocation for that year or if additional funding is
identified.
If it becomes apparent after the start of a capital project that it will be considerably over or
under spent, or if the phased expenditure for the current year is likely to vary significantly, it will
be the duty of the appropriate Head of Service to report such variation immediately to the
Capital Programme and Assets Group (CPAG). CPAG is responsible for ensuring that the
capital programme is delivered on time and for considering where projects may be advanced
within the plan. Thereafter, a report on the action taken will be submitted to the Cabinet.
It will be the duty of the Head of Finance to report regularly and timeously to the Cabinet with
statements comparing actual financial performance with the respective Capital Estimates.
It will be the duty of the appropriate Head of Service to ensure that any required legal or
statutory approvals have been obtained before the commencement of a capital project.
Code of Financial Practice 2 – Revenue Finance
Revenue Estimates
Finance will determine the procedure for the preparation of the Revenue Estimates and will
report to the Cabinet on the financial guidelines to be considered for the Revenue Estimates.
Each Head of Service will, in conjunction with the Head of Finance, prepare Revenue
Estimates in respect of their Service in accordance with a timetable set by the Head of
Finance.
The Revenue Estimates will be submitted to the Council for approval with a recommendation
as to:-
• the proposed expenditure and income for the financial year ahead;
• the Council Tax to be levied and the level of bad debt provision to be applied;
• the council house rent level to be applied.
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Control of Revenue Expenditure
No expenditure will be incurred without the approval of the Cabinet except as authorised by the
approved Revenue Estimates, Scheme of Delegation to Officers and the Standing Orders
relating to Contracts.
No expenditure chargeable to a revenue account will be incurred unless it has been included in
the Revenue Estimates, except:-
• where a supplementary estimate has been approved by the Cabinet;
• in emergency situations in terms of the Scheme of Delegation to Officers;
• as provided for by the rules on Virement below.
It will be the duty of the Head of Finance to furnish regularly and timeously to all Heads of
Service budgetary control statements on the Revenue Account comparing actual performance
with the respective Estimates.
It will be the duty of the Head of Service concerned to ensure that items of expenditure in the
Revenue Estimates of their Service are not overspent and that the income and expenditure of
their Service conform to the requirements of this Code of Practice and their delegated powers
under the Scheme of Delegation to Officers.
Heads of Service will also provide the Head of Finance with whatever assistance and
information considered necessary to ensure the effectiveness of the budgetary control system.
It will be the duty of the Head of Finance to provide reports to Cabinet on the current financial
position of the Council in accordance with the agreed reporting schedule, or more frequently if
it is considered appropriate.
Virement
Virement will be permitted only in the following circumstances:-
• A deficit under those subjective headings of expenditure and income and objective
headings as defined in Appendix 1 may be balanced by a transfer from another head of
expenditure or income on which there is a surplus where the deficit has arisen due to
circumstances which could not have been foreseen and the transfer would not involve a
change of policy of the Council. Where a net saving could be achieved by overspending
under one head of expenditure without changing the policy of the Council, a transfer
may be made from a head of expenditure or income which is in surplus.
• Virement will not create an additional overall budget liability.  One-off savings or
additional income should not be used to support recurring expenditure or to create
future commitments including full-year effects of decisions made part way through a
year.
• All transfers will be authorised by the appropriate Chief Officer concerned and Financial
Services.  Where the amount transferred from a budget heading is over £100,000
(either as a single transfer or the sum of transfers within a financial year) or where the
transfer of any amount would affect the execution of existing Council policy the approval
of the Cabinet will be required. Lower amounts will be authorised within Finance as
follows:
o Finance Manager up to £20,000
o Senior Manager (Financial Services) £20,001 to £50,000
o Head of Finance £50,001 to £100,000
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Where it appears that the actual amount of any item of income or expenditure may vary
significantly from that appearing in the Revenue Estimates, it will be the duty of the Executive
Director or Head of Service concerned, in conjunction with the Head of Finance, to report the
details of the variance and any remedial action required to the Cabinet as soon as possible
after the variance has become apparent.
All reports presented to Cabinet by Executive Directors or Heads of Service must specifically
identify the extent of any financial implications, having firstly consulted with the Head of
Finance on these financial implications.  Any such implications must be clearly stated in the
reports to Cabinet, identifying the following:
• costs and income in the current and future financial years;
• the impact on capital and revenue spending;
• the extent of budget provision and, if none, how and from where it is proposed that such
financial resources be obtained.
The rules concerning budget virement within those areas of the Education Directorate that fall
within the Council’s Devolved School Management (DSM) scheme (see Appendix 1) are
separately defined by the DSM policy.
Code of Financial Practice 3 – Control of Income
Determination of Charges
Each Head of Service will review not less than annually the charges for goods and services
provided by their Service and, except where the charge is fixed externally, or unless otherwise
provided for in the Scheme of Delegation to Officers, will submit proposals thereof for the
consideration of the Council.
To preserve the real value of such income, increases recommended to Council should have
regard to the cost of providing the service, the current rate of inflation and the impact of any
change in the rate of value added tax.
Accounting Arrangements
The Head of Finance will make adequate financial and accounting arrangements to ensure the
proper recording and collection of all monies due to the Council.
All official forms and books for the expenditure and collection of monies will be in a form
approved by the Head of Finance and will be ordered, controlled and issued to Services by the
Head of Finance or under arrangements approved by the Head of Finance.
Notification of Income to Finance
All debtors’ accounts for income due to the Council will be rendered by, or under arrangements
approved by, the Head of Finance.
Treatment of Monies Collected
All monies received on behalf of the Council in any Service will be recorded and deposited with
the Head of Finance or the Council’s Bankers in accordance with arrangements made with the
Head of Finance.
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Receipts will be issued for all monies collected and the receipt should indicate the method of
payment, i.e. cash, cheque, credit or debit card. All cash receipts exceeding £3,000 must be
accompanied by adequate personal identification which confirms the identity of the person
making the payment and should be notified to the Senior Manager (Audit, Fraud, Safety, Risk
and Insurance) in accordance with the Council’s policy in relation to money laundering.
Heads of Service will be responsible for ensuring adequate custody and control of all cash held
within their Service. Cash held should not exceed the maximum limits for cash holdings agreed
with the Head of Finance.
Where a service identifies any cash shortage of more than £50 between transactions recorded
and physical cash banked, contact must be made with the Internal Audit section in accordance
with the Council’s Defalcation Procedures.
No deduction will be made from such monies unless specifically authorised by the Head of
Finance (for example income refunds, library refunds).
Cash discount will not be offered to any debtor.
Personal Cheques
Personal cheques will not be cashed from monies collected on behalf of the Council.
Transfers of Cash, Cheques and other Cash equivalents
All transfers of responsibility for cash, cheques or other cash equivalents from one member of
staff to another will be evidenced in the records of the Services concerned by the signature of
the receiving officer.
Where the monetary amount transferred is not physically verified upon transfer, staff must
ensure that the reason for non-verification is recorded (for example sealed bank bag with serial
number noted, locked cash box, signed cheque or bank withdrawal slip).
Write-offs
Sums due to the Council will not be written-off without the prior written approval of the Head of
Finance.  The Debt Recovery team, Sheriff Officers and Legal Services will, after all recovery
action has been exhausted, recommend a debt is written off to the Head of Finance on an
annual basis.
Services will be notified of the amounts written off and a full list of accounts will be available
upon request.
Sums written-off will be written back to the service account to which the income was originally
credited when the invoice was raised.
Grant Income
The Head of Finance will be advised timeously of all relevant information so that applications
for grants due to the Council may be submitted or certified. All applications for grant funding
will require to be notified to the Head of Finance prior to submission to the funding body.
All remittance advices in relation to grants received are to be addressed directly to the Head of
Finance.
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Code of Financial Practice 4a – Treasury Management
Treasury Policy Statement and Practices
The Council has adopted the key recommendations of the CIPFA document ‘Treasury
Management in Public Services: Code of Practice’ (the Code) as described in section 4 of that
Code.  Accordingly, the Council will create and maintain, as the cornerstones for effective
treasury management:
• an ‘Annual Treasury Management and Investment Strategy’ identifying policies
regarding treasury management and the objective of these, and;
• suitable Treasury Management Practices (TMPs), setting out the manner in which the
Council will seek to achieve those policies and objectives, and prescribing how it will
manage and control those activities.
The content of the Strategy and TMPs will follow the recommendations contained in sections 6
and 7 of the Treasury Management Code, subject only to amendment where necessary to
reflect the particular circumstances of the Council.  Such amendments will not result in the
Council materially deviating from the Code’s key recommendations.
The Head of Finance will provide reports on the Council’s treasury management policies,
practices and activities. This will include, as a minimum, the annual strategy and plan in
advance of the year to Council, quarterly reporting of treasury prudential indicators, a mid-year
progress report to Cabinet and an annual report to Council, in the form prescribed in the
Council’s TMPs. Performance in relation to the treasury management and prudential indicators
will be reported to Cabinet as part of the Revenue and Capital Monitoring arrangements
throughout the year.
Borrowing and Leasing
All borrowing arrangements of the Council for the purpose of its functions will be made by the
Head of Finance and the arrangements made will be reported regularly to the Cabinet in
accordance with the Council’s treasury management strategy.
All borrowings on behalf of the Council will be affected in the name of the Council. The Head of
Finance, or officers authorised by the Head of Finance, will sign all loan documents unless
statute or other legal requirements provide that other signatures are required.
Registrar of Stocks, Bonds and Mortgages
The Head of Finance will be the Registrar of Stocks, Bonds and Mortgages and will maintain
records of all borrowing of money by the Council.
Leasing
No leasing of equipment or other capital assets will be undertaken without the prior approval of
the Head of Finance.
Investments and Trust Funds
North Ayrshire Council funds will be invested in the name of the Council or in the name of
nominees approved by the Cabinet.
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Surplus funds will only be invested in financial institutions listed in the Treasury Management
Strategy statement.
All Trust Funds will, wherever possible, be held in the name of the Council.
All officers acting as trustees by virtue of their official position will deposit all securities, bank
books and documents (other than title deeds to heritable property) and articles of value relating
to any trust with the Head of Finance unless the relevant trust deed otherwise provides.
Control of Charitable Funds and Common Good funds
The Head of Finance will ensure the proper and safe custody and control of all charitable funds
held by the Council and that all expenditure is in accordance with the conditions of the Fund.
Code of Financial Practice 4b – Banking
Banking Arrangements
The Head of Finance is responsible for appointing the Council’s Bankers.  This should be
carried out in accordance with the Council’s tendering procedures.
All arrangements with the Council’s Bankers concerning the Council’s bank accounts, the
issue of payments and all other banking services will be made by the Head of Finance.
The Head of Finance will be an authorised signatory for all the Council’s bank accounts.
Official bank accounts bearing the Council’s name will be opened or closed only by the Head
of Finance.
All monies received will be paid into the Council’s bank accounts daily or at such other
intervals as may be approved by the Head of Finance and will be accounted for in accordance
with arrangements made with the Head of Finance.
Code of Financial Practice 5 – Imprests
Provision of Imprests
The Council uses Corporate Procurement Cards for the provision of imprests.
Procurement Cards
The Council has a Corporate Procurement Card (P-Card) system in place, this provides an
enhanced service which incorporates electronic monitoring and approval of spend.
Procurement cards offers a more transparent alternative to petty cash, offering benefits for
staff in service areas as well as prompt payment for suppliers. Replacing the use of cash with
the use of cards will reduce the amount of petty cash required. 
P-cards are issued subject to the discretion of the Head of Finance. 
P-cards are in the name of North Ayrshire Council, but individual Cardholders names are held
within the records system. Each card has a limit (inclusive of VAT) for a single transaction as
well as a cumulative monthly limit. 
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Individual P-cards will be set up for specific categories of spend relevant to the individual
cardholder and service area.
P-Cards can also, for pre-approved individuals, be used to withdraw petty cash up to a pre
agreed limit. 
No cash should be withdrawn where a purchase can be made by raising a Purchase Order or
using the P-card online, instore or over the telephone.
All P-Card transactions must be reviewed and approved via Secure Data Online (SDOL).
Access to the SDOL is via unique usernames and passwords and separation of duties
between the cardholder and the approver is controlled and monitored.
Accounting Arrangements for Imprest
Due to bank charges, it is recommended that cash withdrawals should be £100 or greater. 
Cardholders must maintain a petty cash spreadsheet showing all sums of money withdrawn
and expenditure incurred. The balance on the spreadsheet should reflect the balance of
money on hand at all times. 
Cardholders and approvers must ensure that cash transactions are reviewed and approved
regularly within SDOL. 
In normal circumstances, if the amount of cash on hand requires replenished, the previous
cash withdrawal should be reconciled within SDOL prior to the next withdrawal.
The Procurement Team monitor the use of the P-cards to ensure that cardholders are
compliant with the Procurement Card – Policy and Procedures.
Closure of Accounts 
Where a cash or card facility is no longer required it will be withdrawn by the GPC Card
Administrator within the Corporate Procurement Unit.
Guidance 
Detailed Guidance is given via the 2 documents detailed below:
1) Procurement Card (PCard) – Policy and Procedure Reference Guide 
2) Procurement Card (PCard) – Imprest Petty Cash Reference Guide 
Both documents are available on Connects.
Code of Financial Practice 6 – Tax Management
Value Added Tax (VAT)
The Head of Finance will ensure that:
• transactions follow the relevant statutory requirements and rules;
• the Council’s liability for paying tax is kept as low as possible;
• the rate of ‘tax flow’ (i.e. the recovery of tax which is due to the Council) is kept as high
as possible, and;
• guidance is issued to employees involved in processing tax-related transactions.
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Heads of Service must ensure that guidance is sought from the Head of Finance on the VAT
implications of any new or unusual transactions before committing the Council.
Income Tax
The Head of People and ICT will ensure that income tax is deducted where appropriate from
payments to employees and remitted to HM Revenue and Customs timeously.
Heads of Service must ensure that guidance is sought from the Head of People and ICT on the
tax implications of any new employee initiatives before committing the Council.
Returns of income tax deducted will be made to HM Revenue and Customs in accordance with
statutory deadlines and employees will be issued with a P60 showing the amount of income
tax they have paid by 31 May each year.
Code of Financial Practice 7 – Insurance and Risk Management
Insurance
The Head of Finance will make appropriate Insurance arrangements for all aspects of the
Council’s activities and will arrange the negotiation of all insurance claims by the Council, in
consultation with other officers where necessary.  Delegated authority has been granted to the
Head of Finance to negotiate and settle liability claims.
Executive Directors or Heads of Service must not admit liability or give any indication that the
Council may make an offer of settlement.
Executive Directors and Heads of Service will give prompt notification to the Head of Finance
of all new or increased risks, properties or vehicles which should be covered by insurance and
of any alteration affecting existing insurances.
Notification of Claims
Executive Directors and Heads of Service will notify the Insurance section immediately of any
loss, liability or damage or any event likely to lead to an insurance claim.  Thereafter the
Insurance section will be responsible for advising the insurance company concerned.
Review of Insurance Portfolio
The Head of Finance will annually review all insurance covers in consultation with Executive
Directors and Heads of Services as appropriate.  All Insurance policies will be subject to
tendering procedures every 5 years.
Responsibility for Security
Each Executive Director and Head of Service will be responsible for maintaining proper
security, custody and control at all times of all plant, buildings, materials, stores, furniture,
equipment and cash etc. under their control.  Services will notify the Insurance section
immediately of circumstances resulting in financial loss or circumstances likely to result in a
claim against the Council’s insurance policy.
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Limits to Cash Holdings
Executive Directors and Heads of Service will notify the Insurance section of safes used to
hold cash.  The Insurance section will notify Services of the insured cash limits that should not
be exceeded.  In exceptional circumstances where cash limits are likely to be exceeded
guidance should be obtained from the Insurance Section.
Safe Keys
Keys to safes and similar receptacles holding cash or valuable documents will not be left in
premises overnight.  Safe keys will be carried by the responsible person at all times and the
loss of safe keys will be reported immediately to Internal Audit.  Services will maintain a log of
all such key holders and transfers of keys in order that a clear audit trail is always available of
which member of staff had responsibility for safe keys at any particular time
Risk Management
The Risk Management Strategy contains the framework to be adopted to ensure risk is
properly identified and controlled within the authority.
Identification of Risk
The Head of Finance will be responsible for the co-ordination of a Strategic Risk Register.  All
Executive Directors and Heads of Service will be responsible for ensuring that suitable
arrangements for the identification, recording and monitoring of risks are established within
their Service.
Security of Financial Documents
The Head of Finance will ensure that secure arrangements are made for the holding of stock
certificates, bonds and other financial documents.
Security / Retention of Documentation
Each Executive Director and Head of Service will be responsible for maintaining proper
security, custody and control of all documents within their Directorate.  All documents and
records will be retained for the minimum prescribed duration as set out in the Council’s Master
Retention Schedule.
IT Security
Each Executive Director and Head of Service will be responsible for ensuring that all staff
within their Service comply with the Council’s ICT Acceptable Use Policy and associated
documents.
Each Executive Director and Head of Service will also consult the Head of People & ICT and
Senior Manager (ICT) in any case where security of IT systems is thought to be defective or
where it is considered that special security arrangements may be required.
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Code of Financial Practice 8 – Salaries and Wages
Information regarding Payroll Amendments
Each Head of Service will notify the Head of People and ICT timeously of all matters affecting
the payment of salaries, wages and other emoluments, in particular:
• appointments, resignations, dismissals, suspensions, secondments and transfers;
• changes in remuneration (other than normal increments), agreements of general
application and changes in terms and conditions of service;
• absences from duty for sickness or other reason apart from approved paid leave;
• information necessary to maintain records of service for superannuation, income tax
and social security purposes.
Arrangements for Payments
The payment of all salaries, wages and other emoluments to all employees of the Council will
be made by the Head of People and ICT.
Form and Certification of Records
All pay documents will be in a form prescribed or approved by the Head of People and ICT.
All timesheets will be completed and signed (manually or electronically) by the employee
themselves confirming the accuracy of the claim except in cases of illiteracy when a supervisor
may complete them, suitably endorsing the timesheets to this effect. Timesheets will not be
completed, authorised or passed for payment in advance of work being undertaken.
All pay documents will be certified in manuscript, electronically via HR21 or by email by an
approved authorised signatory on behalf of the appropriate Head of Service. Signature stamps
will not be used for this purpose.
Details of Officers authorised to certify such documents (name, designation and email
address) will be sent to the Head of People & ICT by Heads of Service.  The relevant Head of
Service will be responsible for advising any changes. Where a Service is responsible for its
own information processing, the names of officers authorised to certify pay documents will be
provided to the appropriate input staff. In addition, an annual review of such authorisations will
be carried out by each Service to ensure that the list of names submitted to the Head of
People and ICT is complete and up to date.
No officer authorised to certify such documents will certify their own claim. Personal claims
must be certified by a separate authorised signatory.
Off-payroll Working (IR35)
It is the responsibility of all budget holders to identify all worker and contractor relationships,
which are not administered through North Ayrshire’s Payroll arrangements, and ensure that
appropriate consideration is given to the nature of the relationship, including the completion
and issue of Status Determination Statements where appropriate.
Guidance on the assessment of potential off payroll working relationships is available from the
Head of People and ICT and all completed Status Determination Statements must be retained
by the Service for a minimum of 6 years plus current.
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Any relationship which is assessed as being within the scope of IR35 must be reported to the
Head of People and ICT to allow arrangements for all payments to be included within standard
arrangements for the deduction of appropriate tax and national insurance contributions.
Code of Financial Practice 9 – Expenses
Arrangements for Claims
The Head of People and ICT will be responsible for the regulation, administration and payment
of claims for expenses and allowances to members and employees of the Council.
Employees’ Claims
All claims for payment of travelling allowances, subsistence allowances, car allowances and
incidental expenses, duly certified in manuscript on the appropriate official form provided by
the Head of People and ICT or processed electronically via the expenses module on HR21
self-service system must be submitted to Employee Services on a regular basis.
Claims will not be paid from imprest accounts.  All such expenses will be paid via the Payroll
System except in extraordinary circumstances, in which case the approval of the Head of
People and ICT will be required for an alternative method of payment.
Claims for travelling and subsistence allowances must be accompanied by the appropriate
receipts.  Claims for car allowances must be accompanied by a VAT receipt for fuel, dated
prior to the first journey. Where claims are processed via HR21 receipts must be retained by
the Service in accordance with retention details outlined within the HR21 user guide. 
In signing an expense claim form or submitting via HR21, employees are confirming that they
have a valid driving licence and appropriate insurance arrangements in place to cover their
vehicle for business use. Heads of Service must ensure that driving licences and insurance
documents are inspected on an annual basis and details recorded on the Council’s integrated
HR and payroll database.
Certification of Employees’ Claims
The Head of each Service will arrange for the certification in manuscript or approval via HR21
by an officer of their Service of all claim forms. The certification by or on behalf of the Head of
Service will be taken to mean that the certifying officer is satisfied that the journeys were
authorised, the expenditure was wholly, exclusively and necessarily incurred in the course of
the employment of the claimant and that any allowances are properly payable. Claims must
not be submitted for approval or approved in advance on the expense being incurred.
Details of Officers authorised to certify such documents (name, designation and email
address) will be sent to the Head of People & ICT by Heads of Service.  The relevant Head of
Service will be responsible for advising any changes.  In addition, an annual review of such
authorisations will be carried out by each Service to ensure that the list of names submitted to
the Head of People and ICT is complete and up to date.
No officer authorised to certify such claims will certify their personal claim. Personal claims
must be certified by a separate authorised signatory.
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Cash Advances
Cash advances will only be made in exceptional circumstances when other means of payment
is not available.
The Head of each Service will arrange for the certification in manuscript by an officer of their
Service of all cash advances.  The certification by or on behalf of the Head of Service will be
taken to mean that the certifying officer is satisfied that the cash advance is necessary in the
course of the claimant’s employment and that no other means of meeting the anticipated
expenses is available.
Officers authorised to certify cash advances will not certify a cash advance to themselves.
All requests for cash advances, duly certified in manuscript on the appropriate official form
provided by the Head of Finance, will be submitted to the Head of Finance for payment.
The officer to whom an advance is given will be fully accountable for the advance.
Immediately after the event for which the cash advance is given the accountable officer, using
the appropriate official form, will prepare a detailed statement of expenses incurred, with
supporting receipts and invoices, which reconciles to the amount of the cash advance.  The
reconciliation, duly certified in manuscript by an officer authorised by the Head of Service to
certify claims for expenses and allowances, will be submitted to the Head of Finance along
with the remaining unspent cash balance.
Elected Members’ Allowances
Members’ Allowances will be paid in accordance with the Council’s approved Scheme of
Members’ Allowances and national regulations.
Payments to Elected Members who are entitled to claim allowances will be made by the Head
of People and ICT on receipt of the prescribed form properly completed and certified in
manuscript or by email. Claims will be checked by Democratic Services prior to submission for
payment.
Claims will be submitted promptly, and on a regular basis, and in any case claims applicable to
a financial year will be submitted within one month after 31 March in that year.
The Head of Democratic Services will maintain a record of members allowances, showing the
name of the recipient and the amount and nature of the payments. This record will be available
for public inspection and will be published on the Council website not later than June 1st each
year.
Code of Financial Practice 10 – Procurement of Goods and
Services and Payment of Accounts
Official Orders 
All orders for goods, services and works must be processed and approved through one of the
Council’s eProcurement systems and any exceptions are detailed in the No PO No Pay Policy.
The Council will only make payments to suppliers and contractors where their invoice (whether
paper or, preferably, electronic) contains a valid purchase order (PO) number, unless a pre-
agreed exception applies – see section 6 of the No Po No Pay Policy. 
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The following key controls relate directly to this Policy:
• official orders are raised for all works, goods and services supplied to the Council;
• ensure that all spend is authorised before goods, services or works are provided;
• goods, works and services received are checked to ensure they are in accordance with
the order.
Each order will conform to the Council’s Standing Orders relating to Contracts to demonstrate
best value.
Authorisation of Orders and Acceptances
Orders and acceptances of tenders or offers will be authorised either electronically or in writing
only by officers certified to do so by the Head of Service of the ordering Service and in
accordance with the Council’s Standing Orders Relating to Contracts.  Signature stamps will
not be used for this purpose.  Each Service will maintain a current list of officers so authorised.
Limits regarding the level and type of expenditure to which authorising officers can commit the
Council will be formalised and maintained by each Head of Service and will be recorded on the
list of authorised officers, which will be held by the Head of Finance.
Checks on Goods, Materials and Services Received
It will be the duty of the Head of each Service that places an order to ensure that all goods,
materials and services received following the placing of such orders are as ordered in respect
of price, quality and quantity.
Where goods have been ordered using the e Procurement system, the receipt of goods will
also be recorded against the appropriate order on the system.
Method of Payment
Apart from payments from imprest accounts (petty cash payments) the normal method of
payment of money due from the Council will be by BACS, Procurement card or other
instrument drawn on the Council’s bank account(s) by the Head of Finance or any person or
persons authorised by the Head of Finance.
The Council’s preferred method of payment will be by BACS.
Certification for Payment
A list of authorised signatories (including their financial limit) for certifying the payment of
accounts will be supplied and certified by all Heads of Service to the Head of Finance. 
Additions and deletions will be notified to the Head of Finance as they occur. Heads of Service
will review the lists annually and confirm to the Head of Finance that this has been done.
There is no need to batch invoices as each invoice will be dealt with individually. Heads of
Service must ensure that Authorised Signatories only sign invoices within their financial limits. 
Once the invoice has been appropriately certified in accordance with the checks below, the
Head of Service or other authorised officer intimated to the Head of Finance will pass it without
delay to the Accounts Payable team to ensure any offer of cash discount for early payment is
received and that financial penalties for late payment are avoided.
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Invoices relating to non-electronic orders
The Head of each Service which incurs expenditure will arrange for the certification either in
manuscript or electronically by an authorised signatory of their Service that all accounts and
invoices for payment comply with the following:
• the expenditure is on items or services which it is within the Council’s legal powers to
incur;
• the goods, materials, services or work to which the account relates have been received
or carried out and have been examined and approved and are in accordance with the
order and the Goods Received Note;
• the prices, extensions, calculations, trade discounts, other allowances, credits and tax
are correct;
• the relevant expenditure has been properly incurred and is within the relevant estimate
provision;
• appropriate entries have been made in the inventories or stores/stock records as
required;
• the appropriate financial ledger code numbers are entered on the document for
payment.
Corporate Procurement have designed an invoice stamp that should either: 
• be ordered and used by Services when invoices are approved manually.
• be set up as a stamp within Adobe to allow for the electronic signing of individual
invoices.
Services should not amend the stamp in any way or use any other stamp.
Corporate Procurement are working on an electronic invoice approval workflow process (for
non- electronic orders) through the Integra system. When this has been tested and rolled out
across Services the need for manually stamping and signing invoices will no longer be the
preferred option.
Invoices relating to electronic orders 
The eProcurement systems have controls in place to ensure that only Authorised Officers (as
approved by their Head of Service) can approve orders and invoices. The eProcurement
systems will not allow payment to be made unless the goods are recorded as being received
and the invoice value agrees with the order or is within a tolerable variance. Any invoices that
are out with the pre-set tolerances, will automatically be sent via the Integra electronic invoice
certification process to the order approver to either accept or reject. There is therefore no
requirement to use the invoice stamp or manually sign/authorise invoices for orders that have
been processed through the eProcurement systems.
Procurement Cards 
Procurement Cards may be used by Services for high volume transactions, one-off low value
purchases and/or internet purchases.
All applications for a Procurement Card require to be authorised by a Head of Service,
Manager (Grade 14 and above) or Head Teacher.
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All transactions are required to be approved on the procurement card system by an authorised
approver. The system is administered by Corporate Procurement. It is the responsibility of all
card holders and approvers to ensure transactions are approved promptly.
The Council’s monthly statement is processed for payment by Corporate Procurement and all
transactions made by individual Services will be journalled against the appropriate finance
code.
Duplicate Invoices
Payment will not be made on duplicate, photocopied or faxed invoices unless the appropriate
Head of Service or other authorised officer within the appropriate Service certifies in writing
that the amounts have not previously been passed for payment.
Pro-forma Invoices
Payment will not normally be made on ‘pro-forma’ invoices that state ‘this is not a VAT invoice’.
In exceptional circumstances where such payments may be made, it will not be possible for
the Council to recover VAT.
Amendments to Invoices
No changes will be made to tax invoices which must instead be returned to the creditor for
amendment and reissue.
IR35 – Off Payrolling
The only exception to the above statement is where the Council needs to comply with Off-
Payroll Working in the Public Sector known as IR35 (Intermediaries legislation). Where
applicable the Council will amend the invoice to reflect a deduction of both PAYE and National
Insurance Contributions. 
It will be the duty of each Head of Service who approves the engagement of services to ensure
that the employment status has been determined in line with the IR35 Reforms, Status
Determination Statements are produced and issued for all PSC arrangements and that
relevant documentation is retained and is accessible for audit purposes.
Code of Financial Practice 11 – Contracts for Supplies, Services
and Works
Contracts Register
The Corporate Procurement Unit (CPU) will maintain a record of all contracts held over the
value of £10,000 on the Council’s Corporate Contract Register.
The Corporate Register includes the following information:
• Contract Award date
• Contract Title
• Successful contractor(s)
• Contract Estimated Value
• Contract Start & End dates (excluding optional extensions)
• Period of extension
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The Corporate Register will be published on the Council’s external website.
Variations to Capital Contracts
All instructions to contractors on project work will be issued by the responsible officer using the
appropriate official variation order procedure or via a formal Architect’s Instruction (AI)
If it becomes apparent after the start of a project that it will be over or under spent by 0.5% or
more, or if the phased expenditure for the current year is likely to vary significantly, it will be the
duty of the appropriate Head of Service to report such variation immediately to the appropriate
Directorate Project Board and thereafter to the Capital Programme and Asset Group (CPAG). 
Thereafter, an update will be provided to Cabinet on the action taken.
Claims from Contractors
Claims from contractors in respect of matters not clearly within the terms of any existing
contract will be referred to the appropriate Service Executive Director, Head of Democratic
Services for consideration of the Council’s liability and to the Head of Finance for consideration
before a settlement is reached.
Delay of Contract
Where completion of a contract is delayed it will be the duty of the responsible officer in
consultation with the Head of Democratic Services to take appropriate action in respect of any
claim for liquidate or other damages.
Interim Payment
Interim payments to contractors will be certified by the authorised officers responsible for the
control and supervision of the work.
Procurement Guidance/Procedures
All matters relating to contracts should be conducted in accordance with the following Council
Documents and other guidance that may be issued by the Council’s Corporate Procurement
Unit and Head of Democratic Services.
• Standing Orders Relating to Contracts
• North Ayrshire Council Procurement Manual
• Appropriate terms and conditions relating to the specific contract
• HR Policy & Procedure: Engaging Agency Workers and Personal Service Companies
Code of Financial Practice 12 – Assets
Asset Registers
Detailed registers of the Council’s assets will be maintained as follows:
• Housing properties – Head of Housing & Public Protection
• Other properties – Head of Sustainability, Transport & Corporate Property
• Fleet – Head of Sustainability, Transport & Corporate Property
• Open spaces - Head of Neighbourhood Services
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• Roads - Head of Neighbourhood Services
• ICT – Head of People and ICT
Title Deeds
The Head of Democratic Services will have custody of all title deeds under secure
arrangements.
Capital Accounting Register
The Head of Finance will maintain a register of all assets owned by the Council recording for
each one the type of asset, asset value, asset life and depreciation policy.  The information
recorded in the fixed asset register will be subject to a de minimis asset value to be determined
from time to time by the Head of Finance. The details contained within the fixed asset register
will be reconciled annually with the asset registers.
Code of Financial Practice 13 – Stores and Inventories
Custody of Stores and Stocktaking
Arrangements made by Heads of Service for costing and stock control systems will be subject
to the approval of the Head of Finance.
The care, custody and level of stores and equipment in any Service will be the responsibility of
the appropriate Head of Service who will ensure that:
• stocktaking is carried out at regular intervals.
• all obsolete or excess stock or scrap material is identified and disposed of in
accordance with the Standing Orders relating to Contracts and the Scheme of
Delegated Functions.
All stock write-offs will be notified to the Head of Finance.
Heads of Service will supply the Head of Finance with a certificate within timescales laid down
that states the financial value of stocks held at the year-end.
Inventories
Each Head of Service will ensure that inventories will be maintained at locations used by their
staff.
Inventories will be maintained in accordance with the inventory procedures issued by Internal
Audit.  
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Appendix 1 – Definition of Subjective and Objective Expenditure
and Income Heads 
Subjective Expenditure Heads
• Employee Costs
• Property Costs
• Supplies and Services
• Transport and Plant Costs
• Administration Costs
• Other Agencies & Bodies
• Transfer Payments
• Other Expenditure
• Capital Financing Costs
Subjective Income Heads 
• Grants, Subsidies and Contributions
• Sales, Fees and Charges
• Other Income 
Objective Expenditure Heads
Corporate Services
• Chief Executive
• Democratic Services
o Legal & Licensing
o Policy, Performance & Elections
o Communications
o Civil Contingencies
o Committee Services
o Member Services
o Information Governance
o Ayrshire Area Support Team
• Finance
o Change Programme
o Audit, Fraud, Safety & Insurance
o Corporate Procurement
o Financial Services
o Revenues
o Transformation
• People and ICT
o Employee Services
o Human Resources and Organisational Development
o ICT
o Business Support
o Customer Services
Education
• Early Years Education**
• Primary Education**
• Secondary Education**
• Additional Support Needs**
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• Central Education
• Pupil Equity Fund
• Attainment Challenge
• Facilities Management
Place
• Neighbourhood Services
o Roads
o Streetscene
o Waste Resources
• Economic Development, Growth & Regeneration
o Economic Policy
o Employability and Skills
o Regeneration
o Business
o Growth & Investment
• Sustainability, Transport and Corporate Property
o Property Management & Investment
o Housing Assets & Investment
o Property Maintenance
o Property Running Costs
o Energy & Sustainability
o Internal Transport
Communities & Housing
• Housing & Public Protection
• Building Services
• Works Scoping and Quality Assurance
• Property Governance
• Planning Services
• Protective Services
• Other Housing
• Connected Communities
Health and Social Care
• All
Other Corporate Items
• Joint Boards
• Other Corporate Costs
• Financing Charges
** Virement within these objective heads in Education will be subject to the conditions of the
Council’s approved Scheme of Delegation to Schools.
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NORTH AYRSHIRE COUNCIL 
17 September 2025                                                                                                                                                           
North Ayrshire Council 
Title:    Committee Timetable 2026 
Purpose:  To invite the Council to consider a timetable of meetings of the
Council and its committees for the period from January 2026 –
December 2026. 
Recommendation:  That the Council agrees: 
(a) to approve the draft committee timetable set out at 
Appendix 1; and 
(b) to note that any ad hoc or Special Meetings will be intimated
separately to Members. 
1. Executive Summary 
1.1 The Council sets a timetable of committee meetings for each calendar year. The
appendix to this report proposes a timetable for 2026. 
2. Background 
2.1 The proposed timetable of meetings set out at Appendix 1 incorporates six-weekly
meetings of the Council, as well as Cabinet, standing committees of the Council and
meetings of the Policy Advisory Board. 
2.2 The Council meeting in May 2026 has been postponed by one week to 20 May 2026;
to take into account the Scottish Parliamentary Elections being held on 7 May 2026. 
2.3 Recess periods have been included for Easter, the Scottish Parliamentary Elections,
Summer, October and Christmas. Any further recess required as the result of an
electoral event will be added in due course and any Council/committee meetings
rescheduled as necessary. 
2.4 Dates for the Integration Joint Board (and IJB PAC) are provisional, to be formally
agreed by the IJB. An indicative date for the Special Meeting of Council to consider
the budget is included for information only at this stage, with arrangements to be
finalised in due course. 
Agenda Item 10
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2.5 The proposed timetable does not include the following meetings which will be
intimated separately to Members: 
• the Ayrshire Regional Economic Joint Committee (and Partnership Board) and the
Ayrshire Shared Services Joint Committee, which set their own meeting dates; 
• the six Locality Partnerships, which take place in the early evening on a quarterly
basis; 
• the Local Development Plan Committee, Staffing and Recruitment Committee,
Education Appeal Committee and Special Council (Planning), which meet on an ad
hoc basis, as required; 
• any Special Meetings of the Council and its committees which may be required,
including meetings to consider Cabinet Call In requests. 
2.6 In consultation with the Provost, the Webcasting Protocol has been updated to reflect
that Council and its committees will not be live streamed during any pre-election
period.  A recording of the meeting will be available for public viewing on the website
following the pre-election period. 
3. Proposals 
3.1 The Council is invited: 
(a) to approve the draft committee timetable for 2026 set out at Appendix 1; and 
(b) note that arrangements for Locality Partnership meetings, joint committees and any
ad hoc or Special Meetings will be intimated separately to Members. 
4. Implications/Socio-economic Duty 
Financial 
4.1 None arising from the recommendations of this report. 
Human Resources 
4.2 None arising from the recommendations of this report. 
Legal 
4.3 None arising from the recommendations of this report. 
Equality/Socio-economic 
4.4 None arising from the recommendations of this report. 
Climate Change and Carbon 
4.5 None arising from the recommendations of this report. 
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Key Priorities
4.6 None arising from the recommendations of this report.
Community Wealth Building
4.7 None arising from the recommendations of this report.
Islands Communities Impact Assessment (ICIA)
4.8 None arising from the recommendations of this report.
United Nations Rights of the Child (UNCRC)
4.9 None arising from the recommendations of this report.
Consumer Duty
4.10 None arising from the recommendations of this report.
5. Consultation
5.1 Group Leaders and Independent Members have been consulted on the proposed
timetable.
5.2 Consultation has also taken place with Services of the Council on the proposed meeting
dates. In particular, efforts have been made to ensure that the timing of relevant
meetings of the Cabinet, Audit and Scrutiny and Council align as far as possible with
accounting period requirements.
Craig Hatton
Chief Executive
For further information please contact Hayley Young, Senior Committee Services
Officer, on 324136. 
Background Papers
None
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Committee Timetable January – December 2026
Meeting Cycle 1
Week
Beginning
Monday Tuesday Wednesday Thursday Friday
29 December Recess Recess Recess Recess Recess
5 January
12 January 10.00 a.m. Licensing
Committee
19 January 2.30 p.m. Cabinet Pre-Agenda 2.00 p.m. Audit & Scrutiny Pre-
Agenda
26 January 2.30 p.m. Cabinet (Education) 2.00 p.m. Planning Committee
2.15 p.m Local Review Body
10.00 a.m. Audit & Scrutiny
10.00 a.m. Appeals Committee
(if required)
2 February 10.00 a.m. Policy Advisory
Panel
10.00 a.m. Licensing
Committee
9 February 2.00 p.m. Council Pre-Meeting
(Provost & Group Leaders)
2.30 p.m. Cabinet Pre-Agenda 2.00 p.m. Council 10.00 a.m. IJB (TBC)
Meeting Cycle 2
Week
Beginning
Monday Tuesday Wednesday Thursday Friday
16 February 2.30 p.m. Cabinet 2.00 p.m. Planning Committee
2.15 p.m Local Review Body
23 February 2.00 p.m. Special Council
(Budget)
10.00 a.m. Appeals Committee
(if required)
2 March 2.00 p.m. Police & Fire &
Rescue Committee
10.00 a.m. Licensing
Committee
2.00 p.m. Audit & Scrutiny Pre-
Agenda
9 March 2.30 p.m. Cabinet Pre-Agenda 10.00 a.m. Audit & Scrutiny 10.00 a.m. IJB PAC (TBC)
16 March 2.30 p.m. Cabinet (Education) 2.00 p.m. Planning Committee
2.15 p.m Local Review Body
10.00 a.m. IJB (TBC)
23 March 2.00 p.m. Council Pre-Meeting
(Provost & Group Leaders)
2.00 p.m. Council 10.00 a.m. Appeals Committee
(if required)
30 March 10.00 a.m. Licensing
Committee Good Friday Public Holiday
Appendix 1
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Meeting Cycle 3 
Week
Beginning
Monday Tuesday Wednesday Thursday Friday
6 April 
Easter Monday Public Holiday  Easter Recess & School Hols  Easter Recess & School Hols  Easter Recess & School Hols  Easter Recess & School Hols
13 April School Hols  School Hols School Hols School Hols School Hols 
20 April  2.30 p.m. Cabinet Pre-Agenda 2.00 p.m. Planning Committee
2.15 p.m Local Review Body 
10.00 a.m. Appeals Committee
(if required 
27 April  2.30 p.m. Cabinet 10.00 a.m. Licensing
Committee 
10.00 a.m. IJB (TBC) 
4 May 
Public Holiday  Election Recess  Election Recess  Scottish Parliamentary Election  Election Recess
11 May   2.00 p.m. Planning Committee
2.15 p.m Local Review Body 
Meeting Cycle 4 
Week
Beginning
Monday Tuesday Wednesday Thursday Friday
18 May 1.00 p.m. Council Pre-Meeting
(Provost & Group Leaders) 
2.00 p.m. Council  
25 May  2.30 p.m. Cabinet Pre-Agenda  2.00 p.m. Audit & Scrutiny Pre-
Agenda 
1 June  2.30 Cabinet (Education) 10.00 a.m. Licensing
Committee
10.00 a.m. Audit & Scrutiny 
8 June    10.00 a.m. Policy Advisory
Panel   
15 June  2.00 p.m. Police & Fire &
Rescue Committee 
2.00 p.m. Planning Committee
2.15 p.m Local Review Body 
10.00 a.m. Appeals Committee
(if required) 
22 June 2.00 p.m. Council Pre-Meeting
(Provost & Group Leaders) 
2.00 p.m. Council 10.00 a.m. IJB (TBC)  10.00 a.m. IJB PAC (TBC) 
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Meeting Cycle 5 
Week
Beginning
Monday Tuesday Wednesday Thursday Friday
29 June      
6 July      
13 July    Summer Recess Period &
School Hols  
20 July     
27 July     
3 August      
10 August (School Hols) (School Hols)  (School Hols) 
10.00 a.m. Licensing Committee
(School Hols) 
10.00 a.m. Appeals Committee
(if required)
(School Hols) 
17 August    10.00 a.m. IJB (TBC) 
2.00 p.m. Audit & Scrutiny 
Pre-Agenda 
24 August  2.30 p.m. Cabinet Pre-Agenda 2.00 p.m. Planning Committee
2.15 p.m Local Review Body 
10.00 a.m. Audit & Scrutiny 
31 August 2.00 p.m. Police & Fire &
Rescue Committee 
2.30 p.m. Cabinet (Education)   
7 September  10.00 a.m. Policy Advisory
Panel 
10.00 a.m. Licensing
Committee
10.00 a.m. Appeals Committee
(if required) 
14 September  2.00 p.m. Council Pre-Meeting
(Provost & Group Leaders) 
2.00 p.m. Council 
Meeting Cycle 6 
Week
Beginning
Monday Tuesday Wednesday Thursday Friday
21 September 
Public Holiday 
2.30 p.m. Cabinet Pre-Agenda 2.00 p.m. Planning Committee
2.15 p.m Local Review Body
10.00 a.m. Special Audit &
Scrutiny (if required) 
10.00 a.m. IJB PAC (TBC) 
28 September  2.30 p.m. Cabinet   10.00 a.m. IJB (TBC) 
5 October   10.00 a.m Licensing Committee  
12 October   October Recess
& School Hols  
19 October  2.30 p.m. Cabinet Pre-Agenda  10.00 a.m. Appeals Committee
(if required) 
26 October  2.30 p.m. Cabinet (Education) 2.00 p.m. Planning Committee
2.15 p.m Local Review Body 
2 November 2.00 p.m. Council Pre-Meeting
(Provost & Group Leaders) 
2.00 p.m. Council 
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Meeting Cycle 7 
Week
Beginning
Monday Tuesday Wednesday Thursday Friday
9 November  10.00 a.m. Policy Advisory
Panel
10.00 a.m. Licensing
Committee
10.00 a.m. IJB (TBC) 
2.00 p.m. Audit & Scrutiny Pre-
Agenda 
16 November    10.00 a.m. Audit & Scrutiny 
23 November 2.00 p.m. Police & Fire &
Rescue Committee 
2.30 p.m. Cabinet Pre-Agenda  2.00 p.m. Planning Committee
2.15 p.m Local Review Body 
10.00 a.m. IJB PAC (TBC) 
30 November  2.30 p.m. Cabinet   10.00 a.m. Appeals Committee
(if required) 
7 December   10.00 a.m. Licensing
Committee 
10.00 a.m. IJB (TBC) 
14 December 2.00 p.m. Council Pre-Meeting
(Provost & Group Leaders) 
2.00 p.m. Council 
21 December   Winter Recess 
& School Hols  
28 December       
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NORTH AYRSHIRE COUNCIL 
17 September 2025 
North Ayrshire Council 
Title:    Collaborative Working in Ayrshire 
Purpose:  To provide an update on progress of collaborative working
across Ayrshire and outline the recommended next steps 
Recommendation:  That Council notes the progress to date and approves the
approach to further develop regional collaborative working
opportunities across Ayrshire and agrees to receive future
reports for consideration. 
1. Executive Summary 
1.1 The Accounts Commission ‘Transformation in Councils’ report was presented to the
Council’s Audit and Scrutiny committee on 23 January 2025. The report highlighted the
need for Councils to urgently transform how they deliver services as the financial and
service demand challenges continue to deepen. Reform is required at scale and pace
to ensure vital public services continue to be sustainably delivered. 
1.2   Within this context, the three Ayrshire Councils are facing significant financial pressures
with a combined revenue budget gap estimated to be in the region of £75m over the
next two financial years. In recognising the financial challenges, some initial work has
been developed to explore further opportunities for collaboration on a regional basis,
building on existing arrangements. 
1.3 In view of the scale of the financial challenges facing each Council and the impact this
will likely have on services and outcomes for the region, further exploration of an
Ayrshire approach, through a public sector reform lens, has been recognised as a
necessary and appropriate course of action for future consideration. 
1.4 Council is asked to support the further development of collaborative opportunities
across the region for future consideration. 
2. Background 
2.1 The Accounts Commission ‘Transformation in Councils’ report was presented to the
Council’s Audit and Scrutiny committee on 23 January 2025. The report highlighted the
need for Councils to urgently transform how they deliver services as the financial and
service demand challenges continue to deepen. Reform is required at scale and pace
to ensure vital public services continue to be sustainably delivered. A sector led
Transformation Programme has been put in place by the Society of Local Authority
Agenda Item 11
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Chief Executives (SOLACE) and the Improvement Service, focussed on developing
improvement initiatives and pathways for Councils. 
2.2 The Council has a long history of successfully working with a range of partner
organisations, including national agencies, third sector, communities and other Councils
to deliver efficiencies, innovation, effective services and joined up interventions. 
2.3 The three Ayrshire Councils are facing significant financial pressures with a combined
revenue budget gap estimated to be in the region of £75m over the next two financial
years. Further, the population demographic for the region projects a continuing trend
of a reducing overall population, however, a growing elderly population. This will have
an impact on service provision across the region, in particular within Health and Social
Care and Education and when considering the nature of local government funding, will
result in a proportionately reduced share of national funding. In recognising the
financial challenges, some initial work has been developed to explore further
opportunities for collaboration on a regional basis. 
2.4 Some areas for consideration in the short-term have included:-   
Economic Development / Growth 
2.5 Building on particular services where regional collaboration is already in place, an area
of immediate focus has been Economic Development and the potential for further
development of an Ayrshire model of approach. This follows a recent review of the
Regional Economic Strategy, which included an initial assessment of different delivery
models to deliver the Regional Economic Strategy vision and objectives. 
2.6 It is becoming increasingly clear that both UK and Scottish Governments consider
Ayrshire as an Economic Development/Growth region particularly in terms of future
funding streams including, but not limited to, the next iteration of the Shared Prosperity
Fund and the follow on to the Ayrshire Growth Deal that concludes in 2029/30. The
Regional Economic Strategy and our Community Wealth Building approach will be at
the centre of the future economic plans for Ayrshire overseen by the Regional Economic
Partnership ensuring a joined-up approach across all partners including national
agencies, local organisations and the private sector.     
2.7 The three Ayrshire Chief Executives agreed to commission a follow-on study to consider
in more detail the creation of a single regional Economic Development Service for
Ayrshire to support both delivery of the Regional Economic Strategy and wider
Economic Growth within Ayrshire. A helpful starting point was a detailed Business Case
developed back in 2018 for an Ayrshire Regional Partnership for Economic Growth. The
review has scoped out current activity and resourcing and used data to make
comparisons with other areas of similar size. 
2.8 It is recommended that this work be developed further in the short-term and provide
future recommendations to members on a potential future operating model and
associated implications.   
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Education 
2.9 Another area identified for consideration is that of Education Senior Phase. The three
Chief Executives, together with the Principal of Ayrshire College have been considering
opportunities to expand digital learning and skills across Ayrshire. 
2.10 It was agreed that further exploratory work would be required to understand the true
cost of delivery for the current Senior Phase across Ayrshire and to complete a
modelling exercise of anticipated future demographic changes, with a view to
maximising learning opportunities across the region within a Best Value context. 
Roads 
2.11 A further area within the short to medium-term which requires consideration is the
feasibility and potential benefits of incorporating North Ayrshire Council within the
Ayrshire Roads Alliance, which is an existing collaboration arrangement between East
Ayrshire Council and South Ayrshire Council. The shared service has provided
resilience through the removal of duplication, the sharing of best practice, the
establishment of integrated systems and procedures, and increased value for money
due to economies of scale. 
2.12 Similarly, this Council’s Roads Service has developed and improved considerably since
a decision was taken in 2013 not to join the Ayrshire Roads Alliance and, following
review, implement an extensive improvement plan. This work has been particularly
successful in improving the condition of our Roads as measured by the Roads Condition
Index and the delivery of significant infrastructure projects such as the Garnock Valley
and Millport Flood Protection Schemes whilst also providing operational efficiencies to
deliver revenue savings. 
2.13 East Ayrshire, as the lead Council for the Ayrshire Roads Alliance, will shortly be
undertaking a Best Value Review of the Alliance as part of a commitment to periodically
review the shared service. It is proposed that this review also include the examination
of opportunities and benefits of this Council to formally join the Alliance. The outcomes
of this work, as they relate to North Ayrshire, will be reported back to a future meeting
of this Council. 
Wider Regional Public Sector Reform 
2.14 In view of the scale of the financial challenges facing each Council and the impact this
will likely have on services and outcomes across the region, further exploration of a
wider Ayrshire approach through a public sector reform lens, is a necessary and
appropriate action for future consideration. As part of this work it will be important to
ensure that the principles of community empowerment and local democracy, one of this
Council’s strategic priorities, are not diminished and that we continue to build upon the
successes to date.  
2.15 It is recognised that the further development of this work will require dedicated resource
and possibly external support to ensure that legal, financial, service delivery and other
pertinent implications are appropriately considered. The resource is anticipated to be
required for an initial period of two years with expenditure of £250,000 during this time.
The cost will be met from the Council’s £4million allocation to support Transformation
activity and address key Council risks, approved as part of the 2025/26 Budget.
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2.16 In terms of potential opportunities, this scale of public sector reform could offer a
significant level of financial efficiencies, influenced by economies of scale and extended
through to asset utilisation across the region. This could help maintain or even improve
service delivery and outcomes against a challenging financial landscape. 
2.17 In terms of timescale, the development of this work will not address the short-term
pressures, however, could provide a sustainable medium to long-term solution for the
region, against a backdrop of challenging population and demographic trends and
associated share of local government funding. 
3. Proposals 
3.1 That Council notes the progress to date and approves the approach to further develop
regional collaborative working opportunities across Ayrshire and agrees to receive
future reports for consideration. 
4. Implications/Socio-economic Duty 
Financial 
4.1 Expenditure of £250,000 is anticipated to develop this work further and will be met from
the Council’s £4million allocation to support Transformation activity and address key
Council risks, approved as part of the 2025/26 Budget. 
Human Resources 
4.2 It is proposed that a lead officer and appropriate policy and programme management
support be created to support the progression of this work. 
Legal 
4.3 Legal implications will be identified through the further development of this work. 
Equality/Socio-economic 
4.4 None 
Climate Change and Carbon 
4.5 None 
Key Priorities 
4.6 Aligns closely to the Council’s priority of a Sustainable Council 
Community Wealth Building 
4.7 None 
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Islands Communities Impact Assessment (ICIA) 
4.8 None at this stage. Any implications will be assessed through the further development
of this work. 
United Nations Rights of the Child (UNCRC) 
4.9 None at this stage. Any implications will be assessed through the further development
of this work. 
Consumer Duty 
4.10  None at this stage. Any implications will be assessed through the further development
of this work. 
5. Consultation 
5.1 An appropriate engagement plan will be developed as part of this work. 
Craig Hatton
Chief Executive 
For further information please contact Craig Hatton, Chief Executive, on 01294 324 124. 
Background Papers
0
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386