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Agenda Document Pack - North Ayrshire Council - 18/09/2024

North Ayrshire Council · 18 September 2024
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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, 18 September
2024 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 26
June  2024 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 17 June - 8 September
2024 (copy enclosed). 
5 Leader's Report
Submit report by the Leader of the Council for the period covering 17 June
- 9 September 2024 (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 13 June 2024 - 29 August 2024. 
7 Report of the Returning Officer - Arran By-Election
Submit report by the Returning Officer to advise on the outcome of the
North Ayrshire Council Ward 4 Arran By-Election and on the Declaration of
Acceptance of Office by the New Elected Member for that Ward (copy
enclosed). 
8 Appointments
The Council is invited:  
(a) to note, in terms of Standing Order 8.5, that, effective from 27 August
2024 (i) Councillor Stalker replaces Councillor Billings on the Planning
Committee and Local Review Body Committee and (ii) Councillor Marshall
replaces Councillor Billings on the Integration Joint Board; and   
(b) to consider nominations for the Vice Chair vacancy on the Planning
Committee and Local Review Body Committee, which arises from the
resignation of Councillor Billings. 
9 Appointments to Outside Bodies
The Council is invited to appoint Councillor Currie to serve on the Arran
Access Trust and the Arran Ferry Group. 
10  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. 
10.1  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). 
10.2  Scheme of Administration
Submit report by the Chief Executive on the Council's Scheme of
Administration (copy enclosed). 
10.3  Scheme of Delegation to Officers
Submit report by the Chief Executive on the Council's Scheme of
Delegation to Officers (copy enclosed).
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North Ayrshire Council, Cunninghame House, Irvine KA12 8EE 
10.4  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). 
11  Committee Timetable 2025
Submit report by the Chief Executive on a proposed timetable of meetings
of the Council and its committees for the period from January - December
2025 (copy enclosed). 
12  Irvine Town Centre: Long-Term Plan for Towns
Submit report by the Executive Director (Place) on the proposed Elected
Member representation on the Irvine Town Board (copy enclosed). 
13  Jo Cox Civility Commission – Financial Support
Submit report by the Head of Service (Finance) on the financial support for
the Jo Cox Civility Commission(copy enclosed). 
14  Questions
In terms of Standing Order 14, submit:-  
1) a question by Councillor Reid to the Cabinet Member for Green
Environment and Economy  
I am sharing this question which is very similar to several now being
received by myself from constituents. 
As a resident of Kilwinning I am writing to you to ask you to investigate the
ongoing issue with the collection of Brown bins in this area. 
Several months ago all residents in this area were advised by the council
that Brown bin collections would change from a Monday to a Tuesday. 
Residents duly placed their bins out on a Monday night ready for collection,
however over the last six weeks the bins have not been collected on a
Tuesday or on Wednesday but on a Thursday morning, therefore we have
bins lying on drives and or edge of pavements for over two days which is
unacceptable.   
Can the cabinet member advise me of an appropriate response given the
changes to service have seen a decline in service rather than an
improvement in service based on constituent feedback? 
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North Ayrshire Council, Cunninghame House, Irvine KA12 8EE  
2) a question by Councillor Marshall to the Cabinet Member for
Finance  
The following question was submitted via Lagan on 10th August , was
recorded as closed with no answer supplied and was reopened as an FOI
EIR disclosure 101004640824. 
For the North Coast Ward 1 can you please list for each of the last 3
financial years? 
A. The number of grounds maintenance staff employed in each of the
winter and summer seasons
B. The number of plants used in summer bedding 
C. The cost of these plants "  
Why was this question reopened as an FOI and answered some 26 days
later on 5th September?  
3) a question by Councillor Murdoch to the Cabinet Member for Green
Environment and Economy  
It is approaching six months since the introduction of Decriminalised
Parking Enforcement, how many Parking Enforcement Officers have left or
handed their notice in by the date of this meeting?  
4) a question by Councillor Cullinane to the Cabinet Member for
Communities, Housing and the Islands  
How many applications for homeless assistance were received in a) 2022-
23 and b) 23-24?  
5) a question by Councillor Gallacher to the Cabinet Member for
Communities, Housing and the Islands  
To ask the member how many housing applications are discovered to
contain fraudulent information from the applicant over the course of an
average year?
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North Ayrshire Council, Cunninghame House, Irvine KA12 8EE  
6) a question by Councillor Murdoch to the Cabinet Member for Green
Environment and Economy  
I asked the following question during the December 2023 Full Council
Meeting:  
“During a Glasgow City Council, Full Council Meeting held on 9 December
2022, the following motion, as adjusted, was unanimously approved:  
“Council notes the campaign launched by Radio Clyde calling for lighting
to be installed along the main routes of Glasgow’s Parks: notes that this
renewed call follows on from experiences during COP26: and notes that
this campaign is supported by a wide range of individuals and
organisations. Women’s safety requires a multi-agency response, which
includes cultural and societal change.”  
It also states, 
“Council therefore resolves to instruct officers to prepare a paper to the
relevant City Policy Committee within 2 committee cycles on the necessary
infrastructure to provide sensitive lighting solutions in our parks, including
the wider implications: and specifically, the equality and climate impacts of
such an undertaking to ensure that the widest range of health, social and
climate benefits can be realised.”  
My concern is for everyone’s safety using the unlit footpaths within North
Ayrshire. 
Does North Ayrshire Council have any plans to light up the many footpaths
across North Ayrshire that are not currently covered by street lighting of
any kind?  
Has North Ayrshire Council’s position changed since I asked this question?  
7) a question by Councillor Foster to the Depute Leader of the Council  
Given the division that disinformation can create within communities,
witnessed most recently with far-right riots, what would the Depute Leader
of the Council’s response be if a member of his group was sharing fake
front pages and spreading misinformation online in the past few weeks?  
8) a question by Councillor Todd Ferguson to the Cabinet Member for
Finance  
To ask the cabinet portfolio holder for an update on proposals from West
of Scotland Resilience Partnership in relation to fires at battery energy
storage systems?
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North Ayrshire Council, Cunninghame House, Irvine KA12 8EE  
9) a question by Councillor Murdoch to the Cabinet Member for Green
Environment and Economy  
How much Ayrshire Growth Deal finance has been used, how many of the
proposed Ayrshire Growth Deal projects have been started and how many
have been completed?  
10) a question by Councillor Sweeney to the Cabinet Member for
Green Environment and Economy  
The Cabinet Member will know that organising a community event takes
months of planning, including financial planning. Do they therefore believe
it was acceptable that it took over four months for the Council to write to
community groups who organise Christmas light switch-on’s advising them
of the budget decision taken in February, leaving the groups with a massive
gap in their financial plans four months out from the Christmas light events?  
11) a question by Councillor Marshall to the Cabinet Member for
Green Environment and Economy  
FOI EIR disclosure 101004640824, reported that the number of Grounds
Maintenance Staff employed in Summer in the North Coast declined from
20 persons in 2022 to 17 in 2023 to 11 in 2024.  A decline over two years
of some 45% despite the best efforts of Staff the standard of Grounds
Maintenance has declined to such an extent that local Businesses, Council
Taxpayers and visiting Tourists are expressing discontent. 
What plans will be made to reverse this situation for the 2025 Tourist
season?  
12) a question by Councillor McDonald to the Cabinet Member for
Finance  
Without a proper consultation period with the trade unions, the Council
proposed to move 648 members of staff from weekly to fortnightly pay with
six weeks’ notice. Changing payroll can have many implications for
people’s finances, particularly those on lower incomes whose entitlement
to Universal Credit could be affected (the Council offering staff a “pay
advance” loan is an acknowledgment of this potential impact). I understand
that the decision has been paused, for now, but has the Cabinet Member
reflected on why they came close to creating a dispute with the trade
unions on this and, if they still intend on pushing these payroll changes
through, what will they do differently?  
13) a question by Councillor Todd Ferguson to the Cabinet Member
for Education  
To ask the cabinet portfolio holder for an update on mobile phone usage
at primary and secondary schools?
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North Ayrshire Council, Cunninghame House, Irvine KA12 8EE  
14) a question by Councillor Montgomerie to the Cabinet Member for
Green Environment and Economy  
How many parking fines has the Council issued for illegal parking at the
Chapewell Street Car Park in Saltcoats since the introduction of traffic
wardens, what is the total income from these fines and how has the money
been used?  
15) a question by Councillor Marshall to the Cabinet Member for
Finance  
How many full-time equivalent members of staff (excluding those employed
by the Health and Social Care Partnership) were employed by the Council
and what was the associated total salary costs at the commencement of
each of the previous three Financial years?  
16) a question by Councillor Cullinane to the Leader of the Council  
NHS Ayrshire and Arran’s structural budget deficit has been growing year
on year for a considerable amount of time. This year’s £24million of cuts is
an unprecedented sum, but the board approved with the budget with a gap
of £26million. It’s now been reported in the press that the board is
overspending by around £5million per month. As a member of the health
board, can the Leader outline what measures are being considered by the
board to manage the significant risk the boards financial deficit presents to
the delivery of local services throughout North Ayrshire?  
17) a question by Councillor McLean to the Cabinet Member for Green
Environment and Economy  
What impact will the removal of the Winter Fuel Payments likely have on
pensioners in North Ayrshire, including access to the Energy Smart
Scheme and associated grants?  
18) a question by Councillor Montgomerie to the Cabinet Member for
Finance  
Has the Council received any insurance money from the tragic fire that
happened in the Saltcoats shore front toilets in November 2021 and if so
how much was it? 
15  Motions
In terms of Standing Order 15, submit:-
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North Ayrshire Council, Cunninghame House, Irvine KA12 8EE  
1) a motion by Councillor Cullinane seconded by Councillor
McDonald, in the following terms:  
Council notes that 625 children, from 587 families, claimed a £50 clothing
grant for eligible children in Early Years for 2024/25 at a total cost of
£31,250 plus administration costs leaving a balance of £78,750 in the
Council’s Cost of Living support fund.  
Following the success of this year’s grant scheme, Council agrees to
continue the £50 clothing grant to all eligible* 3- and 4-year-olds in Early
Years during the 2025/26 school year, funded through a proportion of the
£78,750 residual balance unallocated in the Council’s Cost of Living
support fund.  
2) a motion by Councillor Foster seconded by Councillor McDonald,
in the following terms:  
In line with our commitment to The Promise, Council agrees that an EIA be
undertaken with immediate effect to take forward ending the practice of
excluding Care Experienced children from school and subject to the
findings of that assessment and relevant considerations implement the
necessary amendments to policies.  
3) a motion by Councillor Reid seconded by Councillor Cullinane, in
the following terms:  
“We call on the North Ayrshire Council to renew its commitment to Fairtrade
as set out in the motion already agreed by North Ayrshire Council in June
2004 and updated on zone renewal every three years. 
That this Council agrees to (a) resolve to support the aims of Fairtrade and
to lend assistance to local Zone Fairtrade Steering Groups in promoting
and encouraging Fairtrade initiatives within North Ayrshire; (b) use the
option of Fairtrade products when catering for Council meetings and
functions, and encourage the use of Fairtrade products amongst Council
Services and staff as appropriate; (c) promote the aims of the Fairtrade
movement through the Council's website and in appropriate Council
publications; and (d) encourage Council Services and staff to lend what
assistance they can to local Fairtrade Steering Groups in promoting and
encouraging Fairtrade within North Ayrshire.”  
Note: Local Authority Fair Trade status for North Ayrshire was renewed
earlier in 2024 by the North Ayrshire Fairtrade Group. 
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North Ayrshire Council, Cunninghame House, Irvine KA12 8EE  
4) a motion by Councillor Inglis seconded by Councillor Todd
Ferguson, in the following terms:  
Council Recognises that:  
• Winter Fuel Payments have been a source of help that has allowed
our constituents to pay for rising heating bills and live their lives
without having to worry about having the heating on during the winter
months. 
• Without these payments many people in North Ayrshire will suffer a
very harsh winter without heating which could potentially lead to ill
health or death within our communities.  
Council requests that:  
• The Chief Executive of North Ayrshire Council write to the UK and
Scottish Governments  
1. expressing this councils concern about the decision by both to cut
winter fuel payments to many of our constituents and the effects this
will have on them
2. urges the UK and Scottish Govt to reconsider their decision. 
5) a motion by Councillor McLean seconded by Councillor Todd
Ferguson, in the following terms:    
This motion seeks to ensure that North Ayrshire continues to deliver high-
quality services while being responsive to the concerns of the community.  
In light of recent considerations and concerns raised by constituents and
stakeholders regarding the guidance and materials provided by LGBT
Youth Scotland, this Council resolves to:  
- Cease all future funding to LGBT Youth Scotland effective immediately. 
- Discontinue the use of LGBT Youth Scotland’s recommendations,
advisory manuals, and materials within all youth services and educational
facilities in North Ayrshire.  
- Undertake a comprehensive review of alternative providers and
resources following appropriate procurement processes to ensure that
youth services and educational settings continue to support diversity and
inclusivity in a way that aligns with the needs and values of the community.  
- Engage with local youth groups, educational professionals, and
community leaders to develop a framework for inclusivity that ensures all
young people are supported without relying on external organisations
whose materials may no longer reflect the Council’s priorities.
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North Ayrshire Council, Cunninghame House, Irvine KA12 8EE  
6) a motion by Councillor McLean seconded by Councillor Inglis, in
the following terms:  
The Council acknowledges the emerging evidence from Universal Basic
Income (UBI) and cash transfer programs, including the recent
OpenResearch pilot study. While these initiatives have shown some
immediate benefits, they have also revealed significant drawbacks. 
Council is asked to note the findings from:  
the OpenResearch UBI pilot and other similar programs, which revealed
that although UBI can provide short-term relief, it does not necessarily
deliver sustained benefits. Positive outcomes such as reduced stress and
improved subjective health faded over time, and the programme saw a
slight decline in employment rates, indicating that UBI may unintentionally
discourage workforce participation and
Other studies of cash transfer programs have highlighted the risk of
dependency and their failure to foster long-term economic independence,
further reinforcing the need to explore alternatives to direct cash transfers
and services in kind. 
This motion recognizes the limitations and potential negative impacts of
UBI and cash transfer programs. It calls for a comprehensive review of how
existing welfare services and service in kind programmes delivered by the
Council may contribute to poverty traps, emphasizing the need to reform
systems to promote financial independence rather than expanding cash
transfer programs that may not offer sustainable solutions. 
I therefore move that this Council commits to reviewing how our welfare
and support programs may contribute to poverty traps, without advocating
for the expansion of cash transfer models, which may not offer long-term
solutions. The programme for review should involve: 
1. Review of Anti-Poverty Programs and the Welfare Cliff.  
The Council will initiate a thorough review of current anti-poverty
programmes to evaluate how they may contribute to the "welfare cliff," a
situation where individuals lose significant benefits if their income rises
slightly. This creates a disincentive for individuals to pursue higher-paying
jobs or career advancement.
Rather than expanding cash transfer programs, this review will focus on
how existing services can be restructured to avoid such disincentives and
provide more effective pathways to self-sufficiency.  
2. Cross-Departmental Coordination:  
The Council will through the Poverty and Cost of Living Board examine
how services across departments—including housing, employability, and
welfare—can collaborate to reduce the welfare cliff and avoid creating
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North Ayrshire Council, Cunninghame House, Irvine KA12 8EE
barriers to upward mobility. The Board will explore reforms to existing
support systems, ensuring that they promote financial independence
without creating dependency or penalizing individuals for improving their
income.  
3. Consultation and Reporting:  
The Council will engage with service users and community groups to
gather insights on how current programs can be adapted to avoid income
cliffs and better support long-term economic independence. 
A report will be submitted to the PAP as soon as reasonably practicable
with initial findings and any recommendations for measures within the
Council’s remit that can be brought forward to  address poverty traps and
encourage economic self-sufficiency, without expanding cash transfer
schemes. This can be a longer-term program of papers which can serially
come to the PAP over 2025. 
16  Urgent Items
Any other items which the Chair considers to be urgent.  
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 
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
Nairn McDonald
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
26 June 2024 
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)
Timothy Billings, Marie Burns, Eleanor Collier, Joe Cullinane, Scott Davidson, Anthea
Dickson, Stewart Ferguson, Robert Foster, Tony Gurney, Alan Hill, Mary Hume,
Cameron Inglis, Margaret Johnson, Christina Larsen, Shaun Macaulay, Tom Marshall,
Jean McClung, Nairn McDonald, Matthew McLean, Louise McPhater, Davina
McTiernan, Ian Murdoch, Donald Reid, Donald L. Reid, Chloé Robertson, Angela
Stephen and John Sweeney. 
Present (Remote Electronic Participation)
John Bell, Todd Ferguson, Jim Montgomerie
In Attendance
C. Hatton, Chief Executive; C. Cameron, Director (Health and Social Care Partnership);
R. McCutcheon, Executive Director (Place); D. Hammond, Executive Director
(Communities and Housing); S. Anson, Executive Director (Education), M. Boyd, Head
of Service and D. Forbes, Senior Manager (Finance); A. Craig, Head of Service
(Democratic), R. Lynch, Senior Manager (Legal Services); M. McColm, Senior Manager
(Communications),C. Stewart and S. Wilson, Committee Services Officers, and H.
Clancy, Senior Committee Services Officer (Democratic) (Corporate Services). 
Chair
Provost Dickson in the Chair. 
Apologies
Scott Gallacher, Amanda Kerr 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. 
Agenda Item 3
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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. 
There were no declarations of the Party Whip. 
4. Previous Minutes 
The accuracy of the Minutes of the Ordinary Meeting held on 15 May 2024 was
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 6 May 2024 - 16 June 2024. 
Noted. 
6.  Leader’s Report 
Submitted report by the Leader of the Council for the period for 6 May 2024 - 16 June
2024. 
Noted. 
7.  Council Minute Volume 
Submitted for noting the Minutes of meetings of committees of the Council held in the
period 8 May 2024 - 18 June 2024. 
Noted. 
8. Appointments 
The Council agreed to note that (a) Councillors Inglis and McLean are the Leader and
Depute Leader respectively of the Conservative and Unionist Group; and (b) in
accordance with Standing Order 8.5, (i) Councillor Inglis, being the Leader of the
Conservative and Unionist Group, was now appointed to the Ayrshire Shared Services
Committee and COSLA Convention and (ii) Councillor Marshall was now the named
substitute on the Staffing & Recruitment Committee for the Leader of the Conservative
and Unionist Group. 
Noted. 
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9. Working Group on Governance Structure 
Submitted a report by the Head of Service (Democratic) on the outcome of the short life
working group on the governance structure of the Council. 
Councillor Hill, seconded by Councillor Gurney, moved the approval of the
recommendations set out in the officer’s report. 
Thereafter, Councillor Inglis, seconded by Councillor McLean, moved the following
amendment: 
That council agrees to the report subject to the following amendment: 
1. That two new committees are introduced under the current governance
structure namely: 
- The Climate Change and Net Zero Committee, comprising 10 Members of
Council - 3 Members from each of the political groups, including the
relevant portfolio holder and one independent Member. 
- The Education Committee, comprising 10 Members of Council and three
lay Members, the Members of Council being 3 Members from each of the
political groups including the relevant portfolio holder and one independent
Member. 
2. That officers are instructed to present the amended governance structure to a
future meeting of Council as part of the regular review of the Scheme of
Administration and Standing Orders for more detailed consideration by
Members on the terms of reference and delegation of each committee with
necessary adjustments to the remit of Cabinet. 
3. That Council notes additional cost will be incurred in the operation of the
additional committees and that those costs are expected to be in the region of
£176,000 which will include additional staff to support the operation of the
committees. 
4. That Council agrees that the costs of operating the new committees will be
met from the additional revenue grant as detailed in the report at item 13 of the
agenda (the balance of the additional revenue grant, not covered by this
amendment being considered and agreed during consideration of the report at
agenda item 13). 
There followed debate and summing up. 
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Thereafter, on a division and roll call vote, there voted for the amendment, Councillors
Billings, S. Ferguson, T. Ferguson, Inglis, Marshall, McLean, Stephen (7) and for the
motion, Councillors Bell, Burns, Collier, Cullinane, Davidson, Dickson, Foster, Gurney,
Hill, Hume, Johnson, Larsen, Macaulay, McClung, McDonald, McPhater, McTiernan,
Montgomerie, Murdoch, D. Reid, D.L. Reid, Robertson, Sweeney (23) and the motion
was declared carried. 
Accordingly, the Council agreed to note (a) the outcome of the discussions of the short
life working group and that in the absence of a unanimous conclusion to the contrary
agreed that no substantial changes to the current governance structure as detailed in
the Scheme of Administration were required; and (b) that the standard periodic review
of Standing Orders including the Scheme of Administration will be brought to the next
meeting of Council for consideration. 
10. North Ayrshire Council Unaudited Annual Accounts 2023/24 
Submitted a report by the Head of Service (Finance) on the unaudited Annual Accounts
for the year to 31 March 2024. 
A Member asked a question of clarification in respect of the Health and Social Care
Partnership which reported an in-year breakeven position after the utilisation of
earmarked and unearmarked reserves. 
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 2023/24,
subject to audit; (b) note that Audit Scotland plan to complete their audit of the Accounts
by mid-September 2024 and will present their annual audit report to the Council’s Audit
and Scrutiny Committee on 26 September 2024; and (c) authorise the Audit and
Scrutiny Committee to consider, and approve for signature, the audited annual accounts
within the required timeframe. 
11. North Ayrshire Charitable Trusts: Unaudited Trustees’ Annual Report
2023/24 
Submitted a report by the Head of Service (Finance) on the unaudited Trustees’ Annual
Report for the year to 31 March 2024, 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 McTiernan, moved the approval of the
recommendations set out in the officer’s report.  There being no amendment, the motion
was declared carried. 
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Accordingly, the Council agreed, as trustees of the North Ayrshire Council Charitable
Trusts, to approve the annual report for 2023/24, subject to audit. 
12. Treasury Management and Investment Annual Report 2023/24 
Submitted a report by the Head of Service (Finance) on the Treasury Management and
Investment Annual Report and Prudential Indicators for 2023/24.  The Treasury
Management and Investment Annual Report 2023/24 for North Ayrshire Council was
attached 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 2023/24 set out at Appendix 1 to the report; and (b) the Prudential
and Treasury Indicators contained therein. 
13. Additional Scottish Government Funding for 2024/25 and proposed
strategic investment 
Submitted a report by the Head of Service (Finance) on the additional Scottish
Government General Revenue Grant funding for 2024/25. 
A Member asked a question of clarification in respect of the 15% community benefits
investment drawn from the annual revenue source as per the North Ayrshire Council
policy position. 
Councillor Gurney, seconded by Councillor Larsen moved the approval of the
recommendations set out in the officer’s report.   
Thereafter, Councillor Inglis, seconded by Councillor McLean, moved the following
amendment: 
That Council:
• Does not approve investment of up to £1.328m contribution towards renewable
energy development at i3;
• Instead approves investment of up to £1.000m on a non-recurring basis for
2024/25 towards the Roads infrastructure;
• Approves investment of up to £0.328m on a non-recurring basis for 2024/25
towards Streetscene operations; and
• This level of investment will be conditional on no additional funding being
required to support the 2024/25 pay negotiations. If further funding is required to
support the 2024/25 pay negotiations, then the additional funding required will be
taken firstly from the funding earmarked to support Streetscene operations,
followed by the funding to support investment in the Roads infrastructure.
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Members asked questions of clarification of the movers of the motion and amendment. 
There followed debate and summing up. 
On a point of order, Councillor Billings clarified that the figure which Councillor Gurney
was referring to in summing up was gross income as the net income was unknown at
this point. 
Thereafter, on a division and roll call vote, there voted for the amendment, Councillors
Billings, S. Ferguson, T. Ferguson, Inglis, Marshall, McLean, Stephen (7) and for the
motion, Councillors Bell, Burns, Collier, Cullinane, Davidson, Dickson, Foster, Gurney,
Hill, Hume, Johnson, Larsen, Macaulay, McClung, McDonald, McPhater, McTiernan,
Montgomerie, Murdoch, Donald Reid, Donald L. Reid, Robertson, Sweeney (23) and
the motion was declared carried. 
Accordingly, the Council agreed to (a) note the additional General Revenue Grant
funding confirmed for 2024/25; (b) approve the investment proposals set out in sections
2.7 to 2.10 of the report for a contribution of up to £1.328million towards the capital cost
of a renewable energy development at i3 (the level of contribution being subject to the
outcome of the 2024/25 pay negotiations); and (c) note the balance of capital
investment anticipated and that this be considered as part of the 2025/26 Budget
process. 
14. Questions 
In terms of Standing Order 14, submitted: 
(1) a question by Councillor Hume to the Cabinet Member for Education in the
following terms: 
"To ask the Cabinet Member if the administration have plans to cut nurture provision in
schools from August 2024?" 
Councillor Macaulay thanked the Member for her question and referred to the
implementation of the Strategic Equity funding to replace the Scottish Attainment
challenge funding resulted in the North Ayrshire budget going from £5.8 million to £1.4
million on a phased basis. With the total cost of the nurture provision for North Ayrshire
being £2.2 million, therefore the funding was no longer in place to continue nurture
provision on an ongoing basis and instead move to a whole school approach to nurture. 
As a supplementary question, Councillor Hume asked if risk assessments on children
placed back into classrooms, the impact on other children and on staff trying to manage
a challenging situation in class had been carried out and whether the increase in
paperwork for staff and the outcome for pupils who display distressed behaviours had
been considered. 
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Councillor Macaulay responded by advising that there would be an impact on provision
as the budget had been reduced and he noted that at the budget meeting in February
2024, there had been no proposal to increase budget provision. He outlined that a
briefing paper had been issued in May 2022 detailing the need to change the nurture
provision in the light of the funding reduction. Councillor Macaulay referred to the
expertise of the teaching staff to embed further nurture provision in schools and
highlighted that Pupil Equity Funding of up to £4.2 million was still available to schools
across North Ayrshire for use at their discretion which may be used to enhance nurture
provision in schools if needed. 
(2) a question by Councillor Marshall to the Cabinet Member for Education in the
following terms: 
“The recent Education report to Cabinet stated that "North Ayrshire Council Education
Directorate Data Team sends all 9 Secondary schools their Insight Analytical Data set
each year which empowers schools to inspect their leavers’ data at a learner level Tariff
score”. 
Given that very few parents (and even less Members) understand the terms "Insight"
and Tariff" and that the latter is not used as a measure of performance for pupils that
enter higher education, whereas the number of Highers achieved is a recognisable
measure of performance. 
"Can the Member report the percentage of pupils achieving 5 Higher passes in each of
our Secondary Schools in the last Academic year." 
Councillor Macaulay thanked the Member for his question and responded in the
following terms: 
“The percentage of North Ayrshire school leavers in session 2022-23 who achieved 5 or
more Highers was 23%. 
This data is broken down by individual schools as follows: 
SCHOOL PERCENTAGE OF LEAVERS
ACHIEVING 5+ HIGHERs (A-C)
Ardrossan Academy 21%
Arran High School 36%
Auchenharvie Academy 11%
Garnock Community Campus 23%
Greenwood Academy 19%
Irvine Royal Academy 9%
Kilwinning Academy 25%
Largs Academy 35%
St Matthew’s Academy 28% 
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It should be noted that this is only one measure of attainment, and that Highers are also
not the only SCQF Level 6 qualification. As such, we are expanding our range of
qualifications at all levels to ensure they cater for a broad range of skills and aspirations.
The Local Government Benchmarking Framework (LGBF) reports overall qualifications
achieved at SCQF Level 6. Using this indicator, 35% of North Ayrshire’s pupils gained
5+ Awards, which is higher than the LGBF Family Group average of 32%.” 
As a supplementary question, Councillor Marshall asked why the figures are not
reported in Cabinet papers. 
Councillor Macaulay responded and advised that he does not believe league tables are
a fair way to assess children’s educational attainment, the Insight data shows in the
past 10 years there has been over a 10% increase in the number of pupils gaining 5
plus awards at Level 6 from 23% to 35%, which although not yet at the Scottish average
is above the family group average of 32% (a benchmarking term that allows as close a
like for like comparison as possible by grouping local authorities based on similarities
such as comparable demographics, levels of deprivation and affluence or rurality).   
(3) a question by Councillor Reid to the Cabinet Member for Green Environment and
Economy in the following terms: 
"Can the Cabinet Member provide a breakdown of missed brown bin collections in
2023/24 by ward?" 
Councillor Gurney thanked the Member for his question and responded in the following
terms: 
“The Council collects around 5,400,000 bins per annum, of which around 1,740,000 are
brown bins. 
A breakdown of the missed brown bin collections, on a ward by ward basis for 2023/24
is provided. For context, the number of missed brown bins equates to less than 0.2% of
brown bin collections. 
Ward Number and Name No
Ward 1 - North Coast  276
Ward 2 - Garnock Valley  504
Ward 3 - Ardrossan 302
Ward 5 - Saltcoats and
Stevenston  439
Ward 6 - Kilwinning  388
Ward 7 - Irvine West  309
Ward 8 - Irvine East  370
Ward 9 - Irvine South  365
Total Missed Brown Bin Cases  2,953
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Ward 4 Arran does not have a brown bin collection service due to an island exemption.” 
As a supplementary question, Councillor Reid asked if this was the number of runs that
have had missed bins or the number of bins where the service wasn’t provided? 
Councillor Gurney responded and advised the figures are for the number of complaints
received for non-collection of brown bins. 
(4) a question by Councillor Inglis to the Cabinet Member for Green Environment
and Economy the following terms: 
"Following the review of North Ayrshire Council’s Irvine Estate and the fact that we
cannot afford to maintain/retain so many properties in need of investment has been
recognised, will the towns of Saltcoats and Stevenston have this review and if so, at
what stage in the process will communities via their respective Community Councils be
invited to discuss the impact on, and for, their community?" 
Councillor Gurney thanked the Member for his question and responded in the following
terms: 
“Our property estate is constantly under review and further locality reviews will follow.
Depending on the context, properties will be considered either in relation to their, use,
location, condition, suitability for service delivery, regeneration potential, etc., or a
combination of these. Appropriate engagement will be considered and undertaken on a
case by case basis.” 
As a supplementary question, Councillor Inglis asked what the engagement and
consultation may look like in the future? 
Councillor Gurney responded and advised that consultation with the local community
and local Councillors would be undertaken. 
(5) a question by Councillor McPhater to the Cabinet Member for Communities,
Housing and the Islands in the following terms: 
"How many wheelchair accessible properties does North Ayrshire Council hold in the
Irvine locality?" 
Councillor Hill thanked the Member for her question and responded in the following
terms: 
“North Ayrshire Council currently holds a total of 114 wheelchair accessible properties in
the Irvine locality: 
• Amenity wheelchair (12 properties) 
• General wheelchair (34 properties)  
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• Sheltered properties which are wheelchair accessible by design (68 properties): 
• Alfred Nobel House (28 properties) 
• Dalrymple Gardens (24 properties) 
• Vennel Gardens (16 properties)     
The Council is fully committed to meeting the current and future housing needs of our
tenants. A total of 148 (16.8%) of the 885 new Council homes completed across North
Ayrshire between April 2013 to March 2024 are suitable for wheelchair users, including
70 in the Irvine locality. 
Our Local Housing Strategy 2023-2028 includes an all-tenure target of 10% of new build
homes being suitable for wheelchair users – an increase from 7% in the previous LHS -
and the approved Strategic Housing Investment Plan 2024-29 reflects this priority.” 
As a supplementary question, Councillor McPhater referred to a constituent who had
been waiting for 3 years for suitable wheelchair accessible accommodation and asked if
this was a normal waiting time? 
Councillor Hill responded and advised that both he and Housing staff would be happy to
talk to Councillor McPhater regarding this particular case. 
Councillor Montgomerie left the meeting at this point. 
(6) a question by Councillor Marshall to the Cabinet Member for Education in the
following terms: 
"Is it not the case that the alleged reduction in poverty attainment gap claimed in the
Education Report to Cabinet, is achieved by a reduction in the tariff score by those in
SIMD 10 and demonstrates a reduction in excellence at the expense of equity?" 
Councillor Macaulay thanked the Member for his question and responded in the
following terms: 
“The Education Service echoes the national ambitions for education of excellence and
equity. This means supporting the attainment of all learners across North Ayrshire while
also reducing the poverty related attainment gap. 
In response to this particular question, out of the total of 1468 leavers in North Ayrshire
in 2023, there were only 17 school leavers living in SIMD Decile 10. With such a small
group, the variations in outcomes of individual learners can have a disproportionate
impact on the average total tariff score. Therefore, caution needs to be applied to how
we respond to such variations. For example, this year the average total tariff score was
1150 for SIMD Decile 10 learners, but we know that there were a small number of pupils
within the group whose individual circumstances affected the overall average score.” 
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As a supplementary question, Councillor Marshall asked why North Ayrshire are 20%
below the national average. 
Councillor Macaulay responded and advised that the ambition is always to raise the bar
for all pupils in North Ayrshire however he highlighted the barrier of poverty which
impacts on children being able to reach their full potential and that a whole government
approach is needed to tackle poverty and in particular child poverty. 
(7) a question by Councillor McDonald to the Cabinet Member for Communities,
Housing and the Islands in the following terms: 
"With Council funding which supports community Christmas lights being cut, can the
Cabinet Member outline what, if any, support the Council will now provide to groups
who organise Christmas light displays in their community?" 
Councillor Hill thanked the Member for his question and responded in the following
terms: 
“A list of Frequently Asked Questions (FAQs) is being finalised to assist groups in the
planning of Festive Switch On’s and this will be issued to groups week commencing 8
July 2024. 
I can confirm Streetscene will continue to store the lights for groups and that Roads
Lighting can assist with any technical advice required. 
Communities staff will continue to provide capacity building support to the groups and
support through the events process will continue as normal.” 
As a supplementary question, Councillor McDonald asked if assurances can be given
that towns who had Christmas Lights previously will not be without them due to the cuts. 
Councillor Hill responded and advised that he is unable to provide that commitment
although Council staff will do their best to ensure that is the case. 
(8) a question by Councillor Bell to the Cabinet Member for Education in the
following terms: 
After the last meeting, the Cabinet Member for Education told the local press that the re-
modelling of the school library service, and I quote, “came to my attention recently
because I got a lot of correspondence through from the campaign to save our school
libraries, and from parent councils, and from parents, to say they weren’t happy with the
current situation.” 
"Can the Deputy Leader of the Council clarify what he meant by that statement – did he
not read the budget papers, or did he just not understand them?" 
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Councillor Macaulay thanked the Member for his question and referred to the comment
being in relation to parents and pupils communicating their disappointment with the
communication of this decision. This was acknowledged by the Administration and an
additional £100k funding was agreed by Council to allow more time for the
communication and engagement to happen, including a recent meeting with parent
councils and council officers. He highlighted the budget process which is undertaken
each year and the opportunity available to all Councillors to scrutinise budget proposals
and suggest changes. 
As a supplementary question, Councillor Bell asked what changes are expected for the
plan and will there still be a reduction in staff. 
Councillor Macaulay responded and advised that he will not prejudge the engagement
process and what will be included in the report which will be brought to a future meeting
of Council for full discussion. 
(9) a question by Councillor Foster to the Leader of the Council in the following
terms: 
"With Local Government staff having rejected the COSLA pay offer, is the Council
Leader confident that a pay deal will be achieved or are we heading for further industrial
action over pay?" 
Councillor Burns thanked the Member for his question and responded in the following
terms: 
“Councillor Foster knows very well that I won’t be answering it. We’ve been here before
and as I said the last time I was asked this question by the Labour group; it would be
completely irresponsible for a council leader to comment on the potential outcome of
national pay negotiations which are currently underway.” 
As a supplementary question, Councillor Foster asked if the Leader is concerned that
cuts to services will be required to fill the pay award gap in the future. 
Councillor Burns responded and advised that discussions are currently taking place
collectively by all Council Leaders at COSLA and all matters will be taken into
consideration. She therefore declined to comment further on them. 
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(10) a question by Councillor Kerr to the Leader of the Council in the following terms:
"To ask for an update on the Ardrossan Harbour project following the recent
Ministerial taskforce meeting?" 
Councillor Burns thanked the Member for her question and responded in the following
terms: 
“The Ardrossan Harbour Taskforce met on 16 May and the Minutes of the Meeting were
published on 19 June.  A link to the minute is attached for information.” 
Meeting papers - 16 May 2024 - Ardrossan Harbour Taskforce (transport.gov.scot) 
(11) a question by Councillor Hume to the Cabinet Member for Education in the
following terms: 
“Can the Cabinet Member advise if the re-establishment of after school care provision
which was outlined at the last Council meeting will be in place in the Kilwinning Locality
for the new school year starting in August?” 
Councillor Macaulay thanked the Member for her question and responded in the
following terms: 
“Officers are continuing to work with the provider to support them while they progress
with the steps required for the proposed new after school care provision in Kilwinning,
including registration with the Care Inspectorate. The introduction of the new Childcare
Development Officer post is also providing additional capacity to support this provider
and to identify any other proposals that can be developed. The support to progress
commencement of the new provision is a priority, however, the timescales are
dependent on external factors not within the Council’s control.” 
Councillor Montgomerie rejoined the meeting. 
14. Motions 
In terms of Standing Order 15, submitted: 
(1) a motion by Councillor Reid, seconded by Councillor S. Ferguson, in the
following terms: 
"That Council does not permit any bonfires on land owned by the Council without the
Council’s express permission. Permission would be subject to the applicant agreeing to
comply with any conditions set by the Council. The Council would raise awareness of
this restriction via the Council website, event organisers information page and social
media accounts. Anyone wishing to arrange a bonfire on Council-owned land would
require to complete an Event Notification Form to apply for permission. In assessing
whether and on what terms to grant permission, officers would have regard to the event
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type, public liability insurance requirements, first aid provision, litter management and
clean up, any licensing requirements, stewarding, policing and toilet provision. 
Event Notification Forms must be submitted to the Council a minimum of 8 weeks prior
to the anticipated use of the site. If permission was granted, services would circulate the
approval of site to all interested parties. 
In the absence of permission, anyone depositing materials for burning on Council-
owned property would be liable to a Fixed Penalty notice for fly- tipping and a fee for the
removal of fly-tipped items." 
Members asked questions of clarification of the mover of the motion in respect of the
following: 
• identification of bonfire organisers and mechanism for imposing penalties;
• the difference between a public entertainment licence and the process for
granting permission to occupy and use land; and
• enforcement and monitoring of the policy. 
At the invitation of the Provost, the Monitoring Officer provided further clarification and
confirmed that the motion was to emphasize that setting of bonfires on Council land
without permission is not acceptable and that Council permission should be sought
before setting a bonfire on Council land. 
Councillor Billings intimated he wished to bring forward an amendment. 
In terms of Standing Order 6.8, the Provost agreed that the meeting be adjourned at
4.00 p.m. for a short comfort break to consider the motion, reconvening at 4.20 p.m. with
the same Members and officers present and in attendance, with the exception of
Councillor McPhater. 
At the invitation of the Provost, the Monitoring Officer provided further clarification and
confirmed that during the comfort break, the mover and seconder of the motion had the
opportunity to speak with Councillor Billings. The outcome of the discussion with parties
concerned resulted in agreement being reached and that the mover of the motion would
bring forward an amended motion for consideration by Council. 
Councillor Reid, with the agreement of his seconder, intimated that he wished to alter
his motion to read as follows: 
"That Council does not permit any bonfires on land owned and operated by the Council
without the Council’s express permission. Permission would be subject to the applicant
agreeing to comply with any conditions set by the Council. The Council would raise
awareness of this restriction via the Council website, event organisers information page
and social media accounts. 
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Application Forms for use of Council owned and operated land for this purpose must be
submitted to the Council a minimum of 8 weeks prior to the anticipated use of the site. If
permission is granted, services would circulate the approval of site to all interested
parties. 
In the absence of permission, anyone depositing materials for burning on Council-
owned property would be liable to a Fixed Penalty notice for fly-tipping and a fee for the
removal of fly-tipped items. 
The Council will review the operation of this policy  in 2025 by referring it to the Policy
Advisory Panel, with a further update being brought to Cabinet thereafter." 
There being no amendment, the motion was declared carried. 
15. Urgent Items 
The Provost advised that she had received a request that the Council consider a late
question and motion in terms of Standing Order 10.8. 
15.1 Question 
A question by Councillor Foster to the Cabinet Member for Education in the following
terms: 
“A number of my constituents have been in touch dismayed at the early years
placements that they have been allocated which are outside of their chosen centres.
One constituent will have to travel past three early years centres to take her child to the
one she has been allocated and one will have to travel on two buses to take their child
to nursery given that they have been allocated a placement in a whole other town. We
know the administration have decided to implement a new model, will the Cabinet
Member spend time with officers to review the process that has taken place this year
and ensure the process is fair on local families?” 
Councillor Macaulay thanked the Member for his question and referred to the Cabinet
report from February 2024 that outlined that due to the £1.5 million budget allocation
reduction, the lower than anticipated uptake of children’s places and a decline in birth
rate, a service redesign would be undertaken. The majority of parents were given their
preferred choice although a small number were not and in those cases, Councillor
Macaulay confirmed that he could understand the frustration of families.  Councillor
Macaulay undertook to liaise with the service to ensure the model is aligned as possible
with the preferences of families. 
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15.2 Motion 
In terms of Standing Order 23.1, Councillor Marshall, seconded by Councillor Murdoch,
intimated that they wished to move a suspension of Standing Orders to allow
consideration of a proposal for the planting of summer annual bedding in Largs to be
funded from the Largs Car Park fund on a non recurring basis, to augment perennial
planting for beds and planters in Largs.   
On a point of order, Councillor Hill questioned why spending relating to the Largs Car
Park Fund should be a matter for Council. 
At the invitation of the Provost, the Chief Executive provided further clarification that the 
Largs Car Park Fund is governed by the Council’s budgetary process. Standing Orders
required to be suspended in this instance as the decision to remove summer bedding
from Council budgets was taken in February 2024, and could not be reconsidered within
the 6 months without suspension of standing orders, regardless of the particular budget
source proposed. 
The Monitoring Officer clarified that Standing Orders 15.1, 15.4 and 25.1 would require
to be suspended to enable a decision taken by Council in the last 6 months to be
reconsidered.   
Councillor Hill, seconded by Councillor Foster, moved the direct negative to the motion
to suspend Standing Orders. 
On a division and roll call vote, there voted “to proceed” with suspension of Standing
Orders, Councillors Billings, S. Ferguson, T. Ferguson, Inglis, Marshall, McLean,
Murdoch, Stephen (8) and “not proceed”, Councillors Bell, Burns, Collier, Cullinane,
Davidson, Dickson, Foster, Gurney, Hill, Hume, Johnson, Larsen, Macaulay, McClung,
McDonald, McTiernan, Montgomerie, D. Reid, Robertson, Sweeney (20) D.L. Reid
abstaining. 
Accordingly, the Council agreed not to proceed with suspension of Standing Orders to
allow consideration of a proposal for the planting of summer annual bedding in Largs to
be funded from the Largs Car Park fund on a non-recurring basis. 
On a point of order, Councillor T. Ferguson referred to respect in the Chamber with
regard to a comment made by Councillor McDonald which was noted by the Provost. 
16. Provost’s Closing Remarks 
The Provost closed the meeting by wishing Members a good break over the summer
recess. 
The meeting ended at 4.35 p.m. 
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PROVOST’S
REPORT
For the period covering: 17 June – 8 September
2024 
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
PROVOST’S REPORT
For the period covering: 17 June – 8 September 2024 
Since the last meeting of the Council, I have taken part in many events, including: 
Prizegiving, Lockhart Campus, Stevenston, 17 June
On 17 June, I attended the prizegiving ceremony at Lockhart Campus in Stevenston. This was
a great opportunity to celebrate the achievements of the pupils and acknowledge all their hard
work. 
Summer Cabaret, Irvine Royal Academy, 20 June
On 20 June, I was at Irvine Royal Academy for their Summer Cabaret event. I am always
delighted to attend events like these, which highlight the exceptional talent we have in our
schools and the support and encouragement the young people receive from staff. 
Film Premiere, St. Palladius Primary School, Dalry, 21 June
On 21 June, I attended the premiere of St. Palladius Primary School’s film, “St. Palladius
Grows” which documented the school’s journey towards sustainability. The documentary was
created by the pupils who learned all aspects of documentary making as well as knowledge
about their environment. They brought so much enthusiasm to this project.
Ayrshire Fiddle Orchestra Summer Concert, Town Hall, Ayr, 22 June
On 22 June, I attended Ayrshire Fiddle Orchestra’s Summer Concert in Ayr Town Hall. The
performances from the incredibly talented young people were excellent. The Orchestra offers
so many opportunities and experiences to their members from throughout Ayrshire, which
results in some memorable concerts.
250th Anniversary Thanksgiving Service, Old Parish Church, Irvine, 23 June 
On 23 June, a thanksgiving service took place in Irvine’s Old Parish Church to mark its 250th
anniversary. Many local organisations and special guests attended the event. The Council has
been integral to the history of the Church, and I was delighted to be given the opportunity to
read a lesson. 
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PROVOST’S REPORT
• • •
2
CHA Tenants’ Association Conference, Seamill, 26 June
On 26 June, I attended Cunninghame Housing Association’s Tenants’ Conference in the
Seamill Hydro. The conference also marked the 40th Anniversary of CHA. The conference is
arranged by a working group consisting of tenants, which ensures that topical issues are
addressed. 
Marymass Festival Patrons Night, Harbour Arts Centre, Irvine, 27 June
On 27 June, I attended the Marymass Festival Patrons’ Night in the Harbour Arts Centre. The
purpose of the event was for the Marymass Committee to launch the festival programme,
introduce this year’s Marymass Queen Elect and her Marys and thank the patrons for their
continued support. 
Fullarton Care Home Open Day, Irvine, 28 June
I visited Fullarton Care Home on 28 June, on their annual open day. It was great to be given
the opportunity to chat to some of the residents and members of staff. A fun filled afternoon
was arranged for the residents, featuring some live music and various activities. 
Armed Forces Day, Irvine, 29 June 
On 29 June, the Depute Provost attended the Armed Forces Day Service in Irvine. Arranged
by the Irvine Branch of the Royal British Legion, the service acknowledged all those currently
serving in our Armed Forces.
Garnock Valley Youth Forum Coffee Morning, Bridgend Community Centre,
Kilbirnie, 17 July 
On 17 July, the Garnock Vally Youth Forum arranged a coffee morning, in Bridgend
Community Centre, to raise funds for Macmillan Cancer Support. It was good to see the
community support for such a great cause and the commitment of our young people.
Meeting SSAFA Branch Chair, Provost’s Office, Irvine, 22 July
On 22 July, I had an introductory meeting with Elaine McFadyen, who has recently taken on
the role as Branch Chair for SSAFA (The Armed Forces Charity). It was good to hear about
her plans to provide support to veterans and to work with other similar organisations to provide
a greater service. 
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PROVOST’S REPORT
• • •
3
Provost’s Visit, Garnock Valley Men’s Shed, Kilbirnie, 24 July
On 24 July, I visited the Garnock Valley Men’s Shed in Kilbirnie. It was uplifting to hear of the
growth, development and community engagement that is going on. Another splendid example
of the excellent work carried out by volunteers in our communities. 
Provost’s Visit, Garnock Valley Allotments, Kilbirnie, 24 July
Also on 24 July, I visited the Garnock Valley Allotments and met up with members of the
organisation. It was very pleasing to see the development and use of the allotments and a visit
allows the opportunity to speak to the people involved and get their first-hand views. It is also
important for me to be able to thank community volunteers for the work they carry out for the
benefit of others.
Provost’s Visit, Dalry Community Garden, 25 July
On 25 July, I met up with another group of volunteers at the Dalry Community Garden. The
garden was looking beautiful, and it is most impressive how it has brought so many in the
community together for different uses. 
Party in the Park, Dalry, 3 August
On 3 August, I visited Party in the Park in Dalry, a thoroughly enjoyable and entertaining event
with loads of community involvement and participation. Another notable example of the work
carried out by volunteers in our vibrant communities.
Three Towns Growers Annual Duck Day, Ardrossan, 3 August
On the afternoon of 3 August, I attended the Three Towns Growers’ Annual Duck Day event in
Ardrossan. This fun-filled event captured the commitment of the volunteers, behind the Three
Towns Growers, to their local community and showcased the variety of produce grown and the
increase in biodiversity at that location.
Scottish Young Carers’ Festival, Dunfermline, 8 August
On 8 August, I attended the Scottish Young Carers’ Festival in Dunfermline. The event brings
young carers together to have fun, meet new friends and have a meaningful break from their
caring role. A key part of the Festival was to provide a platform for young carers to engage with
key decision makers and raise awareness of the issues they face daily. 
Drama for Wellbeing Showcase, Harbour Arts Centre, Irvine, 9 August
On 9 August, I attended the Drama for Wellbeing Showcase in the Harbour Arts Centre.
Through the power of drama therapy, young people were empowered to connect, express
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PROVOST’S REPORT
• • •
4
themselves and address crucial mental health and wellbeing issues. Young people from our
primary and secondary schools, did an amazing job sharing their work with others.
Marymass Festival Opening Ceremony, Irvine, 15 August
On 15 August, I officially opened this year’s Marymass Festival at Irvine Townhouse. On the
evening, Gordon Storrar was announced as Captain of the Carters’ Society for 2024 and the
Marymass Queen Elect and her four Marys were presented with their sashes. Many people
attended the reception, including community group representatives, festival patrons and
supporters. The event signified the start of the 12-day programme of events.
Kirking of the Captain of Irvine Carters’ Society, Old Parish Church, Irvine,
18 August
On 18 August, I attended the “Kirking” ceremony in the Old Parish Church. This started with a
parade from Irvine Townhouse to the Church and was followed by a service marking the
continuation of Gordon Storrar’s term as Captain of the Carters’ Society. Many community
organisations attended this traditional event.
Meeting Marymass Queen Elect, Cunninghame House, Irvine, 19 August
On 19 August, I hosted a visit by the Marymass Queen Elect and her Marys in Cunninghame
House. I heard all about what the festival means to them and their families and about their
ambitions for the future. Former Provosts Joan Sturgeon and Pat McPhee visited too and
shared their Marymass experiences and imparted some words of wisdom.
West of Scotland Schools Showcase Concert, City Hall, Glasgow, 20
August
On 20 August, I attended the West of Scotland Schools Showcase Concert in Glasgow. The
event featured the Concert Band and Symphony Orchestra. The programme included
Symphony Fantastique and Un Cafecito by Denis Linas. Among the performers were pupils
from Kilwinning Academy, Auchenharvie Academy, Largs Academy and St Matthew’s
Academy. 
TACT Awards, New Scots Volunteers, Saltcoats Town Hall, 22 August
On 22 August, I was delighted to attend this awards ceremony and recognise the dedication of
two exceptional groups of volunteers.- firstly, the ESOL volunteers who have been excellent in
their commitment to helping New Scots develop their English language skills, and secondly the
group of New Scots themselves who have made such a positive contribution to the community
through their volunteer work. 
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PROVOST’S REPORT
• • •
5
Marymass Saturday, Irvine, 24 August
On 24 August, thousands of people gathered for the traditional Marymass Saturday
celebrations in Irvine. A host of community-based activities took place alongside the traditional
elements of the Festival. I hosted a reception in Irvine Townhouse prior to the crowning of the
Marymass Queen. My guests included my fellow councillors, chief officers and a wide range of
community representatives. After the parade to Irvine Moor, I hosted the annual Marymass
luncheon, where I welcomed guests representing many local community organisations. This
gave me the opportunity to thank these volunteers for the tremendous work they carry out. I
encouraged community groups to support each other and get behind the Marymass Festival
Committee by fundraising on their behalf throughout the year. To start this off I encouraged my
guests to donate to the Festival Committee, that afternoon. A total of £912 was raised which
will go towards next year’s Festival. 
Marymass Festival Church Services and Carters’ Lunch, Irvine, 25 August
On 25 August, I attended the traditional Divine Services at Irvine Old Parish Church in the
morning and at St Mary’s Church, early evening. The inclement weather did not stop the
parades taking place to each event, which were well attended. In between the services, I
attended the annual Carter’ Lunch in Irvine Golf Club and where we reflected on the success
of the previous day.
Violence Against Women Conference, Fullarton Connexions, Irvine, 30
August
On 30 August, I attended the Violence Against Women Conference in Irvine. The conference
featured a presentation by North Ayrshire Women’s Aid on the findings of Dr Briege Nugent’s
latest research on post-pandemic service provision. The keynote speaker was Dr Jane
Monckton -Smith who delivered Homicide Timeline Training and Suicide Timeline Training.
This was a very illuminating and informative conference and highlighted the need for everyone
to be better informed in recognising that domestic violence is a form of coercive control.
Opening of the 2024 Largs Viking Festival, 31 August
Thousands of people descended on Largs for the opening of the 2024 Viking Festival, on 31
August. I was delighted to take part in the opening parade and then give an official welcome,
on behalf of the Council, on the festival stage. The Festival Committee, who are all volunteers,
have put in a huge amount of work in arranging the Festival, which is firmly established in
Scotland’s annual events programme. I hosted a reception in the afternoon to thank the
Festival Board, Committee Members and supporters for the exceptional work they do for their
local community.
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PROVOST’S REPORT
• • •
6
Garnock Valley Carves, Manse Field, Beith, 7 September
On 7 September, I attended Garnock Valley Carves, in Beith. The event featured carvers from
home and abroad, who are given four hours to create their carvings from large logs. The
results were most impressive. The event included entertainment for all the family and attracted
visitors from near and far. The event is run by volunteers, who dedicate their own free time for
the benefit of their local community. 
Councillor Anthea Dickson
Provost North Ayrshire Council
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Official Information
Official Information 
LEADER’S
REPORT
For the period covering: 17 June – 9 September
2024 
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
• • • 
 1 
Official Information
Official Information
LEADER’S REPORT
For the period covering: 17 June – 9 September 2024
AYRSHIRE ECONOMIC JOINT COMMITTEE SUB-COMMITTEE, AYRSHIRE
SKILLS INVESTMENT FUND (ASIF), 17 June 
On 17 June, I chaired a meeting of the Ayrshire Economic Joint Committee Sub-Committee,
Ayrshire Skills Investment Fund (ASIF). 
Attendees received updates on various streams of work, including: 
• an ASIF Sub-Committee Report Update  
• Ayrshire Skills Investment Fund Delivery Model Review
• Ayrshire College ASIF Programme 
The SubCommittee approved the recommendations previously reviewed by the ASIF
Evaluation Panel and put forward for approval.
BROOMLANDS AND BOURTREEHILL COMMUNITY ASSOCIATION
(BABCA), 17 June 
On 17 June, I met with members of the Broomlands and Bourtreehill Association (BABCA) at
Towerlands Community Centre.  It was good to hear from BABCA members about events
happening in their area and for them to raise any issues of concern.
NHS AYRSHIRE AND ARRAN AUDIT AND RISK COMMITTEE, 20 June 
On 19 June, I attended an NHS Audit and Risk Committee (ARC) meeting where attendees
discussed various Internal Audit and papers.  The Committee were also presented with several
Governance reports, which included the following: 
• National IT Services
• NSS Practitioner Services
• Payment Verification Annual Report
• Strategic Risk Register
The Committee also approved the draft Annual Accounts report for 2023-24 and these will now
be submitted to the Board for final approval.
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LEADER’S REPORT
• • • 
 2 
Official Information
Official Information 
IRVINE ROYAL ACADEMY SUMMER CABARET, 20 June 
Later on 20 June, I was delighted to attend Irvine Royal Academy’s Summer cabaret and BBQ. 
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.  I would also like to wish all the pupils leaving school this year good luck in the
next part of their life journey. 
COMMUNITY WEALTH BUILDING COMMISSION, 24 June 
On 24 June, I chaired a meeting of the North Ayrshire Community Wealth Building (CWB).
Attendees received updates from the Lead Officer Working Group, the Ayrshire Regional
Economic Strategy and the Ayrshire Growth Deal CWB Fund (Project updates).  Attendees
also received a presentation on the CWB Practitioners Network for Scottish Local Authorities. 
Anchor partners provided Commission members with an update on CWB activities and areas
of alignment within their respective organisations. 
My thanks again to officers and partners for their continued work in progressing our CWB
strategy.
NHS AYRSHIRE & ARRAN BOARD, ANNUAL ACCOUNTS, 25 June 
On 25 June, I attended a meeting of the NHS Ayrshire and Arran Board to discuss the annual
accounts for 2023-24.  Attendees also looked at various audit and assurance reports for the
period.  The Board also discussed the Strategic Risk Register. 
COSLA LEADERS’ MEETING, 28 June 
On 28 June, I attended a meeting of COSLA Leaders’.   It was another packed agenda which
included the following items for discussion: 
• COSLA Representation on Public Health Scotland Board
• Local Government Finance (including Fiscal Framework for Local Government)
• Climate Delivery Framework
• Learning Estate Investment Programme
• Housing Emergency
• Digital Office and Digital Partnership Update
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LEADER’S REPORT
• • • 
 3 
Official Information
Official Information
• National Care Service Negotiations
• First Ministers’ Mission to Reduce Delayed Discharge
• Teacher Numbers
The Climate Delivery Framework has, along with a series of principles and joint working
arrangements, the following shared priority areas of work to be reviewed and updated each
year.  For 2024/25 the priorities are:
• Establish a joint programme focused on the high carbon sectors
• Improve data and climate informed decision making through the rollout of the Scottish
Climate Intelligence Service.
• Develop a comprehensive roadmap to reduce emissions, aligned with the new
national Climate Change Plan.
• Develop a national approach to build the capacity and support local authorities with
attracting private investment for net zero and adaptation projects.
• Provide a forum to jointly shape key climate change policies, including the sectoral
Just Transition Plans, the Scottish National Adaptation Plan and the Climate Change
Plan.
• Review discretionary funding programmes available to local authorities for climate
change projects and explore options for multi-year funding.
The Council’s Sustainable North Ayrshire strategy has been developed to support North
Ayrshire Council’s Climate Change priority and the continuing strategic aim of achieving net
zero carbon emissions by 2030.  The strategy contains nine strategic priorities, with a range
of actions within five thematic workstreams, namely Energy, Nature, Transport, Waste and
Adaptation. 
COSLA SPECIAL LEADERS MEETING, 9 August 
On 9 August, I attended a special meeting of COSLA Leaders’ to discuss ongoing Pay
Negotiations for Local Government for 2024/2025.  
WELLBEING SHOWCASE, 9 August 
Later on 9 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 surrounding Mental Health and
Wellbeing. 
Congratulations to all the young people involved in putting such a powerful and moving
production together.
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LEADER’S REPORT
• • • 
 4 
Official Information
Official Information
NHS AYRSHIRE AND ARRAN HEALTHCARE BOARD MEETING, 12 August 
On 12 August, I attended a meeting of the NHS Ayrshire and Arran Board meeting.  Attendees
received updates on several reports including an assurance report relating to Emergency
Department concerns and an update on progress to date. 
There was also a presentation on “Achieving Sustainability Through Reform” and an update
from the NHS A & A Chief Executive, Claire Burden.
MARYMASS OPENING FESTIVAL, 15 August 
On the 15 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.
TACKLING CHILD POVERTY AND COST OF LIVING BOARD WORKSHOP,
21 August 
On 21 August, I chaired a workshop of the Tackling Child Poverty and Cost of Living Board
held at the Irvine Town house.  Two years on from the creation of the Tackling Child Poverty
and Cost of Living Board, this was time to consider what has been achieved to date, identify
and define a working model going forward.  The workshop provided the opportunity for officers
and partners to discuss these issues as well as future governance of the Board. 
The Board were also asked to look at our draft response to a request from the Social Justice
and Social Security Committee on the “Post Legislative Scrutiny of the Child Poverty
(Scotland) Act 2017”.  The deadline for the response is  13 September and will be submitted
via the Scottish Government’s website. 
My thanks again to the continued great work of officers at North Ayrshire Council and of course
our partners for their contribution and input which is of great value.
MEETING OF THE AYRSHIRE ECONOMIC PARTNERSHIP BOARD, 23
August 
On 23 August, I chaired a meeting of the Ayrshire Economic Partnership Board (AEPB) where
attendees received reports on the Ayrshire Growth Deal (AGD) Internal Audit Annual Report
2023/24 and the AGD Internal Audit Annual Plan for 2024/25.
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LEADER’S REPORT
• • • 
 5 
Official Information
Official Information
Board members also received an AGD Economic Modelling update and were asked to
recommend approval to the Ayrshire Economic Joint Committee (AEJC) the development of a
Service Level Agreement with the Glasgow City Region Intelligence Hub (GCRIH) for an
enhanced economic model to support the development and monitoring of AGD projects.  The
Board also received an update on the AGD Programme Risk Register as of June 2024.
MARYMASS SATURDAY, 24 August 
I was delighted to go along to Marymass Saturday on 24 August and see the crowning
ceremony of the Marymass Queen, Millie Barnes.  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.
AYRSHIRE ECONOMIC JOINT COMMITTEE SUB-COMMITTEE, AYRSHIRE
SKILLS INVESTMENT FUND (ASIF), 2 September 
On 2 September, I chaired a meeting of the Ayrshire Economic Joint Committee Sub
Committee, Ayrshire Skills Investment Fund (ASIF). 
Attendees received updates on various streams of work, including:   
• Ayrshire Skills Investment Fund Delivery Model – Employer Grants
• EKOS ASIF Evaluation recommendations
• ASIF Budget Update
The Ayrshire Skills Investment Fund (ASIF) is part of the Ayrshire Growth Deal and was
launched in October 2023 with £3.5million to address skills gaps, aiming to upskill 1,000
residents by 2028 in Engineering, Digital, Visitor Economy and Clean Growth, focusing on
priority groups: females, young people, people in low paid employment, people with long
term disabilities and health conditions. 
Ayrshire College was awarded £693,200 until March 2027 to deliver programmes across the
agreed priority themes.  The Employer Grants ASIF Programme has supported 130
employees from 44Ayrshire businesses, committing £191,320 of the ASIF. 
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LEADER’S REPORT
• • • 
 6 
Official Information
Official Information
IRVINE LOCALITY PARTNERSHIP MEETING, 2 September 
Later on 2 September, I attended an Irvine Locality Partnership at Redburn Community Centre. 
The Partnership were asked to consider several applications made to the Elderly Grant Fund
for 2024/25.  These included applications from Broomlands and Bourtreehill Community
Association (BABCA), LBLB & Girdle Toll Age Concern, Dreghorn Old Peoples Welfare
Committee, Irvine Joint Wards Old Peoples Welfare Committee, Drybridge Hall Management
Association and Springside Community Association. 
The Partnership were also asked to consider and approve the draft Locality Plan for 2024/25. 
Several updates were received verbally covering the following items: 
• Bourtreehill Park and the work taking place
• Youth, Education and Active Schools Overview
• Police Scotland and Scottish Fire and Rescue Wellbeing Partnership Working
• KA Leisure
• Irvine Community Council
• Locality Officer Update
AYRSHIRE ECONOMIC JOINT COMMITTEE, 4 September 
On 4 September, I met with some members of “The Discovery Award” group who meet
regularly at Vennel Gardens Sheltered Housing complex in Irvine.  The group was set up just
over a year ago and helps individuals combat social isolation, learn new skills and enjoy social
occasions together. The Award is open to anyone over 50 who lives in the Irvine Locality and
provides an opportunity for people to come together and try new things while at the same time
build social connections.  
It is delivered in partnership with Discovery Award Scotland with support from the Irvine
Locality officers.   
As Leader of North Ayrshire Council and Older People’s Champion, it is important, that as a
Local Authority, we provide groups and activities for residents of all ages and I am delighted to
see the positive outcomes this Group is having on individuals. 
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LEADER’S REPORT
• • • 
 7 
Official Information
Official Information
AYRSHIRE ECONOMIC JOINT COMMITTEE, 4 Septem
ber 
Later on 4 September, I attended a meeting of the Ayrshire Economic Joint Committee
(AEJC), handing the Chair over to Councillor Martin Dowey from South Ayrshire Council to
cover the period September 2024 to 31 August 2025.  The Committee were also asked to ratify
the appointment of Councillor Dowey as Chair of the Ayrshire Economic Partnership Board
(AEPB) for the period September 2024 to 31 August 2025. 
The Committee also received reports on the Ayrshire Growth Deal (AGD) Internal Audit annual
report for 2023/24, the AGD Internal Audit Plan for 2024/25 and an AGD Economic Modelling
Update.
1ST TIER JOINT CONSULTATIVE COMMITTEE & CORPORATE HEALTH AND
SAFETY GROUP MEETING, 5 September 
On 5 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. 
The 1st Tier Joint Consultative Committee (JCC) were provided with an update on the Livewell
Grant Scheme which can provide funding of £250, previous recipients of which include,
funding to enter a 10k race, yoga and wellbeing sessions at primary schools. 
Livewell continues to offer advice on how to Keep Active, Eatwell, WorkWell, SaveWell and
BeWell. 
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LEADER’S REPORT
• • • 
 8 
Official Information
Official Information        
Councillor Marie Burns
Leader of North Ayrshire Council
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NORTH AYRSHIRE COUNCIL 
18 September 2024 
North Ayrshire Council 
Title:    Report of the Returning Officer - Arran By-Election 
Purpose:  To advise on the outcome of the North Ayrshire Council Ward 4
Arran By-Election and on the Declaration of Acceptance of Office
by the new Elected Member for that Ward. 
Recommendation:  That the Council notes the result of the Ward 4 Arran By-Election
and that the new Elected Member has signed the Declaration of
Acceptance of Office. 
1. Executive Summary 
1.1 This report provides details of the result of the North Ayrshire Council Ward 4 Arran By-
Election held on Thursday 12 September 2024 and on the signing of the Declaration of
Acceptance of Office by the new Elected Member. 
2. Background 
2.1 The North Ayrshire Council By-Election for Ward 4 Arran was held on Thursday 12
September 2024 with the electronic verification and counting of votes (eCount) taking
place on Friday 13 September 2024 at Arran High School, Lamlash. 
3. Proposals 
3.1 As Returning Officer, I wish to report that Charles Currie, Scottish Labour Party was
elected to serve the Arran Ward of North Ayrshire Council from Friday 13 September
2024.  
3.2 I wish to further report that the Acceptance of Declaration of Office was duly signed by
Charles Currie on 13 September 2024 in the presence of the Council’s Monitoring
Officer, Aileen Craig, and in accordance with the relevant provisions of the Local
Government (Scotland) Act, 1973. 
3.3  The overall ward turnout was 41.3% of the electorate. The total number of ballots
received was 1668. Of these, 1647 (98.74%) were considered valid and 21 (1.27%)
were rejected. 
Agenda Item 7
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4. Implications/Socio-economic Duty 
Financial 
4.1 None arising from this report. 
Human Resources 
4.2 None arising from this report. 
Legal 
4.3 None arising from this report.   
Equality/Socio-economic 
4.4 None arising from this report.   
Environmental and Sustainability 
4.5 None arising from this report.   
Key Priorities 
4.6 None arising from this report. 
Community Wealth Building 
4.7 None arising from this report.   
5. Consultation 
5.1 None arising with this report.
Craig Hatton
Returning Officer 
For further information please contact Aileen Craig, Head of Service (Democratic),
Monitoring Officer and Depute Returning Officer, on Tel: 01294 324125. 
Background Papers
0
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91 
NORTH AYRSHIRE COUNCIL 
North Ayrshire Council
18 September 2024
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
19th September 2024, 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.
Agenda Item 10.1
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92
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, no major operational issues have been highlighted.
2.4 The Standing Orders have been reviewed as part of the annual review and found to
be fit for purpose with some minor typographical and formatting issues addressed. 
The Draft Standing Orders at Appendix 1, reflect those minor changes but also
include the following for consideration of Members: 
• Reference to the webcasting protocol for meetings is incorporated into the standing
orders at paragraphs 2.1 and 2.3 for clarity.
• Amendment to Standing Order 14.4 to provide clarification that no supplementary
question is permitted if the Member submitting is absent from the meeting. This has
been custom and practice for some time.
• Amendment to Standing Order 15.4. The Section 95 Officer recommends that for
reasons of financial sustainability any proposal for use of a non-recurring funding
source to replace an area of proposed recurring financial saving should not be
accepted as a valid motion.  This is proposed for inclusion to reflect the challenging
financial climate.
3. Proposals
3.1 That the Council (a) agrees to approve, with effect from 19th September 2024, 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
4.1 None arising from the recommendations of this report.
Legal
4.2 Approval of the key governance documents in an essential component of the
Council’s legal and administrative arrangements.
Equality/Socio-economic
4.3 None arising from the recommendations of this report.
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93 
Climate Change and Carbon
4.4 None arising from the recommendations of this report. 
Key Priorities
4.5 Clear, transparent governance arrangements promote good decision making. In turn,
this supports the achievement of the Council’s key priorities.
Community Wealth Building
4.6 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 324125. 
Background Papers - None
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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         4
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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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. 
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5. Notice of Meetings and Cancellation of Meetings 
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. 
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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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
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a decision to suspend any such Member taken in terms of these Standing Orders. 
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 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, 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;
e) The second Opposition group (based on numbers of councillors elected) will
have the opportunity to propose any Amendment;
f) Independent Members (if a formal group is formed) will have the opportunity
to propose any Amendment;
g) Any other Members (from individual parties or independent councillors) will
have the opportunity to propose any Amendment on the basis of the order of
intimating that intent to the Provost;
h) Questions of clarification to those moving a motion or amendment or to
officers about the report will be taken;
i) If there is no amendment, the motion will be carried;
j) If there is an amendment, and prior to going into debate, the Provost will call
a recess;
k) 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;
l) Questions of clarification on any amended motions or amendments will be
permitted;
m) Debate;
n) Summing Up;
o) Vote (s). 
10.4  With the exception of a motion or amendment lodged under Standing Order 15.1, 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. 
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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. 
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. 
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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 
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.
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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 – Independent Members and Opposition Parties with fewer            
than 2 members and 
o Lot four – 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 four (one question from each lot in rotation) until all questions
have been allocated to the agenda.  
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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 his or her 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
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.   
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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 15.3, 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. 
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 meeting unless 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. 
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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.   
15.3  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. 
15.4  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;  
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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. Proposing the use of a non-recurring funding source to replace an area of proposed
recurring financial saving;
xi. Required to be assessed for equalities impact;
xii. Imprecise as to outcome;
xiii. Received during pre-election periods and relates 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 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 
15.5 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 
15.6  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. 
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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: 
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. 
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. 
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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. 
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. 
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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. 
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, in accordance with Standing Order 18.2, 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.  On such motion being seconded, the vote will be taken,
and 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 reply.  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.  
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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
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.   
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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
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.
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23.  Suspension of Standing Orders 
23.1  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). 
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 
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. 
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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 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 
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. 
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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.  If none
of the Members who have made the 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. 
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. 
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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: - 
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. 
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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
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.  
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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
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. 
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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
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. 
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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;
• 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. 
4.2 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. 
4.3 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. 
4.4 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  as part of the review of governance documents to
include clarification of the webcasting protocol and questions and
motions to Council during pre-election periods. 
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NORTH AYRSHIRE COUNCIL
18 September 2024
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 immediate effect, 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.
Agenda Item 10.2
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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 be appointed by the
Administration, Main Opposition, Second Opposition and Independent Members, is
listed under each individual committee.
2.5 The main suggested revisals which have been made to the existing Scheme of
Administration are: 
• Specific reference to Cabinet considering community requests and
determination of applications for Firework Control Zones in terms of part 4 of
the Fireworks and Pyrotechnic Articles (Scotland) Act 2022.
• The granting of authority to the Audit & Scrutiny Committee to review any
decision of Cabinet in relation to the establishment of a Firework Control Zone
in terms of part 4 of the Fireworks and Pyrotechnic Articles (Scotland) Act 2022
and reach a determination of that review. 
• Incorporation of reference to the Ayrshire Skills and Investment Fund sub-
committee which has been established by the Ayrshire Economic Joint
Committee (formerly referred to as Ayrshire Regional Economic Joint
Committee) with delegated authority to implement and approve awards from
the Ayrshire Skills Investment Fund which is part of the Ayrshire Growth Deal.
• Some general rewording and formatting of the document.
3. Proposals 
3.1 Council is invited to approve, with immediate effect, 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 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 
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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.
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 324125. 
Background Papers
None
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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 21
8 Education Appeal Committee 23
9 Licensing Committee 24
10 Local Development Plan Committee 25
11 Local Review Body 27
12 Planning Committee 29
13 Police and Fire and Rescue Committee 31
14 Staffing & Recruitment Committee  33
15 North Ayrshire Integration Joint Board 34 
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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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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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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 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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(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 and
removal of Chairs and Vice-Chairs of any Committee 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) The appointment, nomination and removal of Chairs and Vice-Chairs of any
Committee unless expressly provided in this Scheme; 
(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 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 terms of
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part 4 of the Fireworks and Pyrotechnic Articles (Scotland) Act 2022. 
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 Personnel 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; and Tree Preservation Orders or
other planning related orders where not otherwise delegated. 
10. Instruct enforcement and interdict actions including direct action where appropriate. 
11. Participate in the preparation of the North Ayrshire Local Development  Plan. 
12. Receive reports from the Ayrshire Joint Planning Service. 
13. To prepare design or development planning briefs. 
14. Respond to appropriate planning consultations. 
15. Rights of Way, Access, Path Planning and Footpaths. 
16. Notwithstanding the terms of paragraphs 1 and 2 above, determine any other
regulatory planning matters.
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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. 
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 Officers 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 Amendments as part of the annual review of governance documents 
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140

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NORTH AYRSHIRE COUNCIL 
18 September 2024 
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 immediate effect, 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 structural change to Directorates
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
Agenda Item 10.3
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People and ICT Services.  In turn, those officers can delegate these functions to other
officers within their Services. 
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 the 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 the Council’s new
directorate structure. 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 immediate effect, the Scheme of Delegation to Officers,
attached at Appendix 1; and
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(b) to note the existing Statutory Officers. 
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. 
5. Consultation 
5.1 Executive Directors and relevant Officers have been consulted in preparation of this
report.   
Craig Hatton
Chief Executive 
For further information please contact Aileen Craig, Head of Democratic Services, on
01294 324125. 
Background Papers
None
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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 x September 2024
and took effect on x 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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7 
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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10 
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, job descriptions 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 authorisation, 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 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. 
20. To investigate complaints in terms of the Council’s whistleblowing procedures.
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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 upon terms agreed by the District Valuer, or at the Home Report Valuation. 
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
• Antisocial Behaviour etc. (Scotland) Act 2004, Part 8 (Landlord Registration)
• The Fireworks (Scotland) Regulations 2004
• Housing (Scotland) Act 2006, Part 5 (HMO Licensing)
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• Animal Health and Welfare (Scotland) Act 2006
• The Licensing of Animal Dealers (Young Cats and Young Dogs) (Scotland)
Regulations 2009.
• Pet Animals Act 1951
• Riding Establishments Acts 1964 to 70
• Zoo Licensing Act 1981
• 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, Revenue, Health and Safety, Risk & Insurance,
Transformation and Audit and Fraud. 
Audit 
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 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 & Education) 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 framework
agreements, central purchasing arrangements, maintenance of a standing list of
approved contractors, 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. 
1.       To exercise functions relating to the identification, planning and mitigation of risks      
affecting the Council. 
2.       Duties relating to business continuity, including identification of issues, business      
continuity planning, liaison with external bodies and putting in place arrangements to 
deal with business continuity issues. 
Transformational Change 
3.       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. Maintain appropriate asset management plans 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 to educational settings 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 through regional collaboration via the South
West Education Improvement Collaborative; 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 outwith 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. Exercise the discretionary powers available in implementation of conditions of
service in relation to teachers in the employment of the Authority. 
4. Carry out the administration, assessment and award of education maintenance
allowances. 
5. 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.
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6. 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. 
7. To approve support for any type of educational course and to make grants from
any bursary or other financial scheme operated by the Council. 
8. To make grants to employees and/or pupils in connection with courses,
conferences, educational visits and excursions. 
9. 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. 
10. Exercise the powers available to the Council as Education Authority in relation to
the exclusion of pupils from schools in line with policy. 
11. Determine the dates of local school holidays within the Council after consultation. 
12. Determine the dates of the 5 teachers’ in-service days after due consultation with
all relevant parties. 
13. To receive and determine applications for distribution of funds in any
endowments, subject to the terms of the endowment. 
14. To accept and administer any new trusts or small endowments which may be
offered to the Council for schools in its area. 
15. To issue licenses in terms of the Children (Performances) Regulations 1968 and
the Children (Performances and Activities) (Scotland) Regulations 2014. 
16. 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. 
17. Authorised to approve monthly PPP and NDP Unitary Charge invoices. 
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) Act 2003 (includes library/museum legislation) 
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 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. 
5   To support the progress of the Local Governance Review and Democracy Matters in
relation to community empowerment and subsidiarity.
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6   To support local organisations in the development of local democratic approaches,
including 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 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, though the Third Sector Interface, the Third Sector Chief
Officers Group and other 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. 
22   To support the aspirations of the artistic and cultural communities of North Ayrshire in
pursuit of their aspirations. 
23   To acquire whether by purchase, donation, bequest or exchange any items for the
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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,
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, the Clyde Muirshiel Regional Park Committee and other appropriate Community
groups within North Ayrshire. 
38   To develop and manage Eglinton Country Park and related open spaces. 
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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. 
3. Authorised to sign missives of let issued under the terms of the Housing (Scotland) Act 
1987. 
4. Authorised to exercise powers with respect to sub-standard housing under the Civic
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Government (Scotland) Act 1982 and the Housing (Scotland) Act 2006 
5. Authorised to exercise powers with respect to closing and demolition orders under the 
Housing (Scotland) Act 2006. 
6. Authorised to exercise powers with respect to houses in multiple occupation under the 
Housing (Scotland) Act 2006. 
7. Authorised to exercise powers with respect to compensation payments under sections 
304 - 310 of the Housing (Scotland) Act 1987. 
8. Authorised to agree, recharge and recover amounts payable by private owners as part
of common repairs involving Council property. 
9. Authorised to sign notices of proceedings and notices to quit to raise proceedings for
repossession of dwelling housing. 
10. 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. 
11. Control and monitoring of the Housing Revenue Account Capital and Revenue budgets. 
12. Making payments in respect of tenants/resident’s groups, re-decoration grants, ex-
gratia payments and similar such payments. 
13. Authorise payments of grants applicable in terms of the Housing (Scotland) Act 2001
and 2006, relative to the improvement of houses. 
14. Providing out of hours emergency services for homeless persons, urgent repairs etc. 
15. Consulting with tenants/residents’ groups on housing issues. 
16. 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. 
17. 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, to engage contractors from approved lists by competitive
tender as required; 
18. Determining in accordance with relevant legislation or Council policy requests for
succession of tenancies, mutual exchanges, lodgers, sub-letting, alterations. 
19. Providing a factoring service for purchasers of Council houses and recovering
appropriate charges. 
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.
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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. 
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". 
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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
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: - 
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• 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 
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. 
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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. 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. 
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
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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
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.
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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. 
d. Animal Health & Welfare (Scotland) Act 2006
e. Civic Government (Scotland) Act 1982
f. Control of Pollution Act 1974
g. Environmental Protection Act 1990
h. Environment Act 1995
i. European Communities Act 1972
j. Health and Safety at Work etc Act 1974
k. Licensing (Scotland) Act 2005 (Section 50)
l. Local Government (Scotland) Act 1973
m. Local Government etc. (Scotland) Act 1994
n. Local Government in Scotland Act 2003
o. Tobacco & Primary Medical Sales (Scotland) Act 2010
p. Petroleum (Consolidation) Regulations 2014
q. Tobacco & Primary Medical Sales (Scotland) Act 2010
r. Explosives Regulations 2014
s. 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
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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
• 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
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• 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
• 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
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• 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
• 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
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• 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
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
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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
• 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 
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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 
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 
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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 
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. 
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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 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
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
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• 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
• 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
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• 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. 
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
• Child Protection
• Financial Inclusion Services
• 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 
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 Chief Finance 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; Commercial Estates, Growth and Investment, Employability
and Skills and Economic Policy and Partnership. 
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,
cemeteries and other similar facilities. 
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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. 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 
15. Authorised to appoint officers for the enforcement of management rules for cemeteries, war
memorials and public parks. 
16. Provision, maintenance and emptying of litter bins in terms of the Litter Act 1983. 
17. 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. 
18. The regulation of the use of parks, open spaces, civic spaces and pedestrian precincts,
cemeteries and other similar facilities. 
19. 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. 
20. Authorised to appoint officers to issue fixed penalty notices in relation to parking enforcement,
for litter, dog fouling, fly tipping and fly posting offences via any relevant departmental officers
within appropriate delegated authority. 
21. 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. 
22. 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
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23. 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 
24. Authorised to grant wayleaves in respect of public utilities. 
25. Authorised to carry out function of the Road Safety Officer in conjunction with the Chief
Constable.48. 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). 
26. 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, 
27. 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
proposed new highways harbours and navigable rivers. 
28. 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. 
29. 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. 
30. 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. 
31. To carry out the functions of the Council in terms of Section 4, 5, 8, 12 and 25   of the Coast
Protection Act 1949. 
32. 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. 
33. Authorised to respond to consultation for applications for planning development control where
these relate to roads and flooding issues. 
34. 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 
Property Management & Investment 
35. Ensure the proper application of the Housing Asset Management Plan.
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36. 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. 
37. Manage and implement planned maintenance and improvement programmes
contained within the HRA Business Plan. 
38. Manage and implement major capital projects contained in the HRA Business Plan. 
39. Monitor and report on HRA capital budgets related to property related projects and
programmes. 
40. Providing a factoring service for purchasers of Council houses and recovering
appropriate charges. 
41. Ensuring proper arrangements are in place in respect of statutory compliance for
housing properties in relation to issues such as asbestos, gas safety, electrical
testing, legionella etc. 
42. Maintain and update the Council’s housing property asset management system. 
In respect of corporate assets: 
43. Ensure the proper application of the Council Property Asset Management Strategy
and Property Asset Management Plan. 
44. 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. 
45. Apportion office accommodation amongst Council services and to arrange for any
necessary alterations or adaptations to such accommodation. 
46. Ensure proper arrangements are in place in respect of statutory compliance in
relation to issues such as asbestos, gas safety, electrical testing, legionella etc. 
47. Ensure proper arrangements are in place in respect of reactive management. 
48. Manage and implement measured term contracts in respect of reactive, planned,
and preventative maintenance, and property related statutory compliance matters. 
49. Manage and implement major capital and revenue projects where capital and
revenue budgets are in place. 
50. Manage and implement the Council’s Design Build Finance and Maintain (DBFM)
contract in respect of Largs Campus. 
51. Monitor and report on capital and revenue property related budgets. 
52. Maintain and update the Council’s corporate property asset management system. 
53. In respect of the Council’s property portfolio including properties held or to be
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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.  
54. Agree sub-leases and assignations of leases on receipt of statutory references on
completion of appropriate checks to ensure suitability of the incoming tenant. 
55. In respect of leases, sub-leases and assignations referred to above to consent to
rent free periods. 
56. Terminate 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. 
57. Agree leases rentals at review periods. 
58. 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. 
59. 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. 
60. Proceed with the repairs to land, commercial and industrial premises in the
ownership of the Council subject to budget provisions. 
61. 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. 
62. 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. 
63. Determine requests for rent abatement. 
64. 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. 
65. Authorising the development of commercial development opportunities on land and assets
owned by the Council. 
Sustainability
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66. To monitor the energy performance of buildings in terms of the Energy Performance or
Buildings (Scotland) Regulations 2008. 
67. 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 
68. 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. 
69. Oversee: - 
• The Corporate Transport Hub including carrying out of repair to vehicles, plant,
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 
70. 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. 
71. To operate a MOT Testing Station and garage for the repair and testing of vehicles
owned or licensed by the Council.
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Economic Development 
72. To lead and support the development and implementation of the Ayrshire
Regional Economic Strategy 
73. To develop Community Wealth Building activity across the 5 pillars – Fair Work,
Plural Ownership of the economy, Land & Assets, Financial and Procurement
locally and regionally. 
74. To commission and provide economic research, strategy and evidence to support
the development of Council and partnership strategies and policy. 
75. To participate in research and studies 
76. To develop economic strategy for the Council and partners. 
77. To develop the ambitions for Community Wealth Building (CWB) including
supporting the work of the CWB Commission and Expert Panel. 
78. To promote the economic needs of North Ayrshire to influence and inform future
government policy and priorities. 
79. To lead the development of economic development programmes and projects with
appropriate partners which support the Council’s NA’s economic priorities. and to
secure funds from government and other external funding sources, including the
Levelling Up Fund and Shared Prosperity Fun 
80. 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. 
81. To authorise and apply for external funding that supports the development of an
inclusive economy economic development, growth or regeneration of North
Ayrshire. 
82. 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, Regeneration Delivery Plan, and
North Ayrshire Economic recovery and Renewal Plans, Economic Development
and Regeneration Strategy and the Ayrshire Regional Economic Strategy. 
83. To develop and manage the Employability Services of the council, including
entering into contracts with third party providers and potential employers and to
offer employment related advice and assistance. 
84. To develop and manage the Council’s Modern Apprentice programme, Supported
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Employment Programme, Skills for Life programmes and other employability
programmes supporting people into and sustaining employment in the Council
and or other employers. 
85. To manage funded employability programmes, such as – Better Off North 
Ayrshire, including entering into contracts with third party providers and to offer
money and household budgetary related advice and assistance. 
86. To authorise and provide grants within budget parameters to support business
start-up, growth and sustainability. 
87. To manage the Councils business loan programme via West of Scotland Loan
Fund and Business Loans Scotland. 
88. To deliver the services as set out in the Scottish Government approved Business
Gateway Contract for North Ayrshire 
89. To respond to inward investment enquiries that have potential to bring new jobs to
North Ayrshire. 
90. To promote North Ayrshire and its specific sites and locations for new business
investment. 
91. To lead the business case development and project management of Ayrshire
Growth Deal regional projects on behalf of the 3 Council’s including : Working for
a Healthy Economy, Community Wealth Building, Regional Skills Investment
Fund and Fair Work Ayrshire. manage and deliver the Councils approved
International Strategy. 
Council’s Commercial Property Portfolio 
92. 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.
93. 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. 
94. Authorise in respect of commercial property leases, sub-leases to consent to rent
free periods. 
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95. Authorise 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. 
96. Authorise to agree commercial leases rentals at review periods. 
97. Authorise 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. 
98. Authorise, 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. 
99. Authorised to proceed with the repairs to land, commercial and industrial
premises in the ownership of the Council subject to budget provisions. 
100. Authorised to determine requests for rent abatement for commercial 
properties and tenants. 
101. 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. 
102. Authorised to develop new commercial property proposals and enter into associated
development agreements. 
Regeneration 
103. To promote economic development and regeneration within North Ayrshire, in doing  
so working with local stakeholders and national agencies or bodies who can help
deliver investment priorities through funding or policy support. 
104. 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 
105. To develop and implement local regeneration projects in line with the Regeneration  
Delivery Plan and relevant strategies including Conservation Area Regeneration
Schemes, shopfront improvement schemes, public realm schemes and area based
masterplans. 
106. To develop proposals and authorise applications for external funding subject to 
budget being available for any required match-funding. 
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107. To authorise grants, where contained existing budgets for community led 
regeneration projects, listed buildings, properties in conservation areas and externally
supported schemes. 
108. To authorise grants within policy and budget for improvements to landscape and the 
environment. 
109. To develop and implement the Vacant and Derelict Land Strategy. 
110. To develop proposals and authorise the expenditure of Vacant and Derelict Land 
Funding and Place Based Investment Programme secured from the Scottish
Government. 
111. To implement the Council’s statutory responsibilities and powers under the Land 
Reform (Scotland) Act 2003 
112. To promote outdoor access, active travel and sustainable travel within North Ayrshire. 
113. To develop and implement the Local Transport and Active Travel strategy including 
implementation of active travel and transport projects. 
114. To construct and maintain paths, to produce a Core Paths Plan and other duties in 
terms of the Land Reform (Scotland) Act 2003. 
115. 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. 
116. Authorise Access Right Exemption Orders in terms of s11 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. 
117. Authorise and apply for grants within policy and budget to improve access to funding. 
118. 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
• To carry out the function of the Council (including maintaining registers, inspecting and
enforcing) in terms of the Reservoirs Act 1975 
119. Authorised to respond to consultation for applications for planning development 
control where these relate to roads and active travel. 
120. Carry out the functions of the Council under the Transport (Scotland) Act 2019 
and associated legislation and amendments, including enforcement and imposition
of penalties as prescribed in the Act and the relevant Code of Practice. 
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121. 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. 
122. To support the development of Business Improvement Districts. 
123. To promote the Ayrshire Growth Deal including development of businesses 
cases for investment. 
124. To develop and implement i3’s investment strategy and plans. 
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 
• To provide strategic leadership to explore and maximise investment to support
economic growth. 
• To provide strategic leadership to effectively maximise the opportunity of the Ayrshire
Growth Deal, especially in relation to the North Ayrshire strategic projects including
Hunterston, i3, Great Harbour, Ardrossan, Marine Tourism and the Fibre Optic Cable. 
• To lead and develop effective strategic partnerships locally, regionally and nationally. 
Tourism and the Coastal Economy 
1. To ensure the development and delivery of a tourism strategy which takes account of
the special attributes of North Ayrshire, for example, but not solely, the coastal
economy, and to consult with industry and community partners to develop and agree
action plans to deliver these priorities.
2. To develop tourism projects and proposals.
3. To develop proposals and authorise applications for external funding in support of
delivery of our tourism strategy and the development of the coastal economy.
4. To develop investment and regeneration plans for Great Harbourside (Irvine and
Ardeer).
5. To develop investment plans to support marine tourism in key locations.
6. To develop tourism events strategies.
7. To promote the Ayrshire Growth Deal including development of business cases for
investment.
8. 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 the general 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 appoint 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) 
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.4 
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; The development and monitoring of
implementation of appropriate care governance arrangements;
c) 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;
d) Requirements that only registered social workers undertake those functions
reserved in legislation or are accountable for those functions described in
guidance;
e) Workforce planning and quality assurance, including safe recruitment practice,
probation/mentoring arrangements, managing poor performance and promoting
continuous learning and development for staff;
f) 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;
g) The provision and quality of practice learning experiences for social work students
and effective workplace assessment arrangements, in accordance with the SSSC
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Code of Practice for Employers of Social Service Workers; 
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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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
24
AC Annual Review and reflects change in directorate structure. 
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Page 231

NORTH AYRSHIRE COUNCIL   
18 September 2024 
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: 
(a) to approve, with immediate effect: 
(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 
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. These are as
follows: 
• Guidelines on Member/Officer Relations;
• Standing Orders for Contracts and
• Financial Regulations and Codes of Financial Practice 2024.
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.
Agenda Item 10.4
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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
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 out in the Standing Orders relating to
Contracts. The main revisals which have been made to the previous Contract
Standing Orders are:
• An Amendment has been made to reflect Scottish Procurement Policy change
which removes the ability to reduce tender timescales if a Public Information
Notice is issued.
• The general clarification of procedural rules to highlight the necessity of the early
involvement of the Corporate Procurement Unit (paragraph 30.6) and
consideration of the inclusion of community benefit clauses and encouragement
of fair work practices including fair pay in appropriate contracts.
• more information to the standstill section has been added and reference to
“tender outcome report” has been replaced with “procurement outcome report”. 
• 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 and
found to be fit for purpose with no significant changes made. 
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3. Proposals 
3.1 Council is invited (a) to approve with immediate effect: 
(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 2024 and Codes of
Financial Practice 2024). 
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. 
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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 324125. 
Background Papers
None
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Contents 
September 2024 
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
 Communicate effectively with one another
 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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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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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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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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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 personnel 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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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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• 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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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
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be dealt with as a Freedom of Information Review.
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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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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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16 
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 Lagan 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 
May 2024 (updated May 2024)
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Contents 
Standing Orders Relating to Contracts and Contract Procedure Rules for North Ayrshire Council
...................................................................................................................................................... 1
1. Introduction ........................................................................................................................ 4
2. Definitions .......................................................................................................................... 5
3. Extent and Application ....................................................................................................... 7
4. Health and Social Care Services ....................................................................................... 8
5. Exempted Contracts .......................................................................................................... 9
6. Disaggregation ................................................................................................................. 12
7. Authority to Invite Tenders ............................................................................................... 12
8. Trading Activities ............................................................................................................. 12
9. Collaborative Procurements including Joint Commissioning of Social Care .................... 13
10. Delegation of Procurement Activity .............................................................................. 14
11. Conflicts of Interest ...................................................................................................... 14
12. Purchase of Supplies, Service or Works ...................................................................... 15
13. Framework Agreements and Dynamic Purchasing Systems ....................................... 15
14. Supported Businesses & Reserved Contracts ............................................................. 17
15. Procedures prior to Commencing Procurement Exercise ............................................ 17
16. Advertising of Contracts ............................................................................................... 17
17. Tender Documents ....................................................................................................... 18
18. Technical Specification ................................................................................................ 18
19. Standards ..................................................................................................................... 19
20. Intellectual Property Rights .......................................................................................... 19
21. Prevention of Collusion and Corrupt Illegal Practices .................................................. 19
22. Equality ........................................................................................................................ 20
23. Public access to information ........................................................................................ 20
24. Sustainability ................................................................................................................ 21
25. Community Benefits ..................................................................................................... 22
26. Assignation/Novation ................................................................................................... 22
27. Health & Safety ............................................................................................................ 23
28. Insurance ..................................................................................................................... 23
29. Performance Bonds and Parent Company Guarantees ............................................... 24
30. Tendering Procedures .................................................................................................. 24
31. Electronic Tendering .................................................................................................... 31
32. Submission of Tenders ................................................................................................ 31
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33. Late Tenders ................................................................................................................ 32
34. Opening of Tenders ..................................................................................................... 32
35. Checking of Tenders .................................................................................................... 33
36. Evaluation of Tenders .................................................................................................. 33
37. Abnormally Low Bids .................................................................................................... 34
38. Post Tender Clarifications ............................................................................................ 35
39. Post Tender Negotiations ............................................................................................. 35
40. Acceptance of Tender .................................................................................................. 36
41. Form of Contract .......................................................................................................... 37
42. Nomination of Sub-Contractors .................................................................................... 37
43. Contract Register ......................................................................................................... 38
44. Modifications to Contract .............................................................................................. 38
45. Termination of Contracts .............................................................................................. 39
46. Post Contract Monitoring and Evaluation ..................................................................... 39
47. Interest of Members ..................................................................................................... 39
48. Interest of Officers ........................................................................................................ 40
49. Disposal of Surplus or Scrap Materials/Equipment ...................................................... 40
50. Disposal of Interest in Land and Building ..................................................................... 41
51. Variation and Revocation ............................................................................................. 41
52. Thresholds and VAT .................................................................................................... 41
53. Commencement ........................................................................................................... 41
Annex A – Disposal of Property/Land ..................................................................................... 42
1. Introduction .................................................................................................................. 42
2. Invitation to Submit Offers ............................................................................................ 42
3. Offer Return and Notification Record ........................................................................... 43
4. Procedure for Considering Offers ................................................................................. 43
5. Acceptance of Offers .................................................................................................... 43
Annex B – Health & Social Care Services .............................................................................. 45
1. Introduction .................................................................................................................. 45
2. Governing Bodies (Care Inspectorate) ......................................................................... 45
3. Procedures for Procuring Contracts for Health and Social Care Services ................... 46 
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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 the supply of goods, works or services.
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:
• achieves social and economic value
• furthers its strategic aims
• purchases quality goods, 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 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.
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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:
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 Goods, 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
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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
2.1.15 “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
2.1.16 “PCS”, means Public Contracts Scotland which is the national tender
advertising portal
2.1.17 “PCS-T” means Public Contract Scotland Tender which is the e-Tendering
system used to progress procurement exercises
2.1.18 “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
2.1.19 “Procurement Exercise”, is a general term used to describe any appropriate
procurement procedural route followed to obtain goods, services or works. This can
include a Direct Award, Quick Quote, Mini-Competition, award without competition,
Regulated Procurement, Non-Regulated Procurement or GPA tender
2.1.20 “Procurement Officer” means the Council Officer who progresses allocated
procurement exercises in compliance with legislative requirements and these standing
orders
2.1.21 “Quick Quote” is a facility available on the Public Contracts Scotland Tender
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).
2.1.22 “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)
2.1.23 “Request for Procurement Action (RPA)” means a document setting out as a
minimum: 
• the Council’s requirement for the goods, works or services 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
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2.1.24 “Services”, means any service as defined by the Public Contracts (Scotland)
Regulations 2015 and any subsequent amendments thereof
2.1.25 “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
2.1.26 “SPD”, means the Single Procurement Document (pre-qualification
questionnaire)
2.1.27 “Supplier” means a contractor, service provider or supplier that supplies Goods,
Services or Works
2.1.28 “Supplies”, means any supplies as defined by the Public Contracts (Scotland)
Regulations 2015 and any subsequent amendment thereof
2.1.29 “Tender” means any procurement exercise published on Public Contract
Scotland with a value greater than £50,000 (Supplies and Services) and £500,000
(Works) or a bid submitted for a tender advertised on PCS
2.1.30 “the 1973 Act”, means the Local Government (Scotland) Act 1973
2.1.31 “the 2003 Act”, means the Local Government in Scotland Act 2003
2.1.32 “the 2015 Regulations”, means  the Public Contracts (Scotland) Regulations
2015
2.1.33 “the 2016 Regulations”. Means the Procurement (Scotland) Regulations 2016
2.1.34 “the Reform Act”, means the Procurement Reform (Scotland) Act 2014
2.1.35 “the Scheme of Delegation”, means the Scheme of Delegation to Officers
approved by the Council on 25 September 2019 or any subsequent amendment.
2.1.36 “the SDS 2013 Act”, means the Procurement and Social Care Self Directed
Support (Scotland) Act 2013
2.1.37 “Trading Activities”, refers to when the Council bids for or is awarded
contracts to deliver goods, service or works to other public sector bodies or private
sector organisations
2.1.38 “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:
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• Transparency
• Equal Treatment
• Non-discrimination
• Proportionality 
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. 
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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 It must be noted that whilst certain categories of contract are exempt from the
Standing Orders, they are not exempt from the application of the Reform Act and the
2015 and 2016 Regulations, where these apply and all stated exemptions from
Standing Orders are subject to the proviso that such exemption is within the statutory
powers of the Council and does not contravene any UK or Scottish legislation. Subject
to the continued application of Standing Order 3.2 (key principles), and Standing Orders
5.2 to 5.5 (which apply in all cases), 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 the supply of goods or materials or for the provision of Services or
for the execution of Works which in the opinion of any Chief Officer, are urgently
required for the prevention of damage to life or property. 
5.1.3 Any contract or Framework Agreement or Dynamic Purchasing System, which has
been approved by the Senior Manager (Corporate Procurement) and entered on the
Council’s behalf by a consortium, partnership, company or similar body of which the
Council is a member or user, where such body has invited bids for the provision of
Supplies, Services or Works, including for example the Scottish Procurement and
Property Directorate, Crown Commercial Services and Scotland Excel. 
5.1.4 Any individual Mini-Competition exercises undertaken by the Council against an
approved Framework Agreement or Invitation to Tender exercise against a Dynamic
Purchasing System. Where the contract award value is above £500K, the contract will
be approved by the Chief Executive and a Chief Officer and where the contract is
between £50K and £500,000 for Supplies and Services the contract will be approved by
a Chief Officer. 
5.1.5 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. 
5.1.6 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.
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5.1.7 Any contract relating to the disposal or lease of land and buildings where offers
have been invited and a closing date set. Such offers relating to property shall be invited
and accepted in accordance with the provisions as set out in the Procedure for Disposal
of Surplus Land and Property Assets (set out in Annex A) to the Council’s Policy for
Property Acquisitions and Disposals. 
5.1.8 All contracts for the supply of goods or materials (including second-hand
goods or materials) and the provision of Services including consultancy Services
where the total estimated contract value does not exceed £50,000, subject always to
the need to demonstrate value for money and probity when entering any such
contracts, see Standing Order 5.2 below. 
5.1.9 All contracts for the execution of works where the total estimated contract value
does not exceed £500,000, subject always to the need to demonstrate value for money
and probity when entering any such contracts, see Standing Orders 5.2 below. 
5.1.10 Any contract or purchase urgently required to react to any unprecedented external
factors, out with the control of the Council, deemed appropriate by the Senior Manager
(Corporate Procurement) taking cognisance of procurement legislation and supply
market forces. 
5.1.11 Subject to Council or Cabinet approval any contract where the appropriate
Executive Director is satisfied: 
• that the requirement is not readily obtained from more than one Supplier, and it
can be demonstrated that no equivalent is available or 
• the prices of the Supplies, Services or Works are wholly controlled by trade
organisations or government order, and it can be demonstrated that no
equivalent is available or 
• the requirements are subject to intellectual property rights, and it can be
demonstrated that either no suitable alternative is available or that exposure to
competition of an item covered by copyright, patent or trademark would breach
such rights 
5.2 Where a contract is exempt due to the value, in accordance with Standing Orders
5.1.8 and 5.1.9 above, the following will apply to ensure value for money is achieved:
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5.3 Trading Activities in accordance with Standing Order 8 below. 
5.4 Where a contract is exempt under Standing Orders 5.1.11 then a Single Tender
Action Request form is required to be authorised prior to any contractual
commitment being made to a supplier. For urgent requirements Standing Order
5.1.2 a retrospective single tender action form is required. The Single Action
Type of Contract Threshold
(excluding
VAT)
Procedure
Supplies, Services & Works < £2,000 Single
quotation
Supplies, Services & Works £2,000 - £9,999* Minimum 3
written quotes
Supplies & Services £10,000 - £49,999 Quick Quote via
Corporate
Procurement
Works £10,000 - £499,999** Quick Quote via
Corporate
Procurement 
*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 and 5.1.11
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. 
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Request form will be amended from time to time, the latest version is available on
Connects. 
5.5 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, costs 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: 
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• The Chief Officer or Designated Officer may invite, accept and/or negotiate offers
from proposed Suppliers for the supply of goods or materials or for the execution
of Works or for the provision of Services to third parties. In exercising powers
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 including Joint
Commissioning of Social Care 
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 Every Joint Commissioning exercise shall require to be approved in advance by the
Executive Director (Social Services & Health) or their Designated Officer and the
commissioning process shall be undertaken in conjunction with the Senior Manager
(Corporate Procurement.) 
9.4 A business case shall be prepared in respect of every Collaboration/Joint
Commissioning 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/Joint Commissioning 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/Joint Commissioning 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
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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/Joint Commissioning. 
9.7 Prior to commencing any Collaborative Procurement/Joint Commissioning 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/Joint 
Commissioning exercise 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
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
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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. 
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
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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. Standing Order 5.1.4 will apply to call-off
Contracts awarded in such circumstances. 
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. Standing Order
5.1.4 will apply to call-off Contracts awarded in such circumstances. 
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 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 Request for Procurement Action (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.
• 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.
• In cases of Collaborative Procurement, 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. 
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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 contract opportunities shall be advertised using Public Contracts Scotland,
Scotland, unless a decision has been reached by reason of either Standing Order 5 or
Standing Order 30 that the contract opportunity is to be awarded without advertising. 
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. 
18. Technical Specification 
18.1 Formal specifications or statements of requirement 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. 
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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
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.
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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: 
• 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. 
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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
• Involving Small and Medium Enterprises (SME’s), Third Sector Bodies and
Supported Businesses
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• Promoting innovation – Innovation in design and delivery of public services,
procurement of innovative goods and services and use of innovative
procurement processes
• Ensuring every contract shall not provide Goods 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:
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• 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
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
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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) 
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 Subject to the provisions of Standing Order 5.2, where the total contract value
exceeds £50,000 (Supplies and Services) and £500,000 (Works) formal tenders will
be obtained by one of the following methods: 
Type of Contract Threshold*  Procedure
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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*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 30.6, the relevant Designated
Officer shall seek tenders from any organisations registered on Public Contracts
Scotland and Public Contract Scotland Tender. 
30.4 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 Public Contracts Scotland. The notice shall:
• Specify the nature and purpose of the contract
• 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.t 
30.5 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
Public Contracts Scotland. The notice shall:
• Specify the nature and purpose of the contract
• Detail selection criteria
• Detail the SPD return deadline 
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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 Public Contracts Scotland Tender 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. 
30.6 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
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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
• 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
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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.   
For all procurements detailed in standing order 30.6 a single tender action request       
must be submitted to the Corporate Procurement Unit as per standing order 5.4. 
30.7 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:
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• 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 Goods 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. 
30.8 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
• Any Supplier may make a request to participate
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• 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. 
30.9 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. 
30.10 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. 
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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 
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 Public Contracts
Scotland and the tender process will be progressed through the Public Contracts
Scotland Tender e-tendering system. All Quick Quotes, Dynamic Purchasing
Systems Invitations to tender and Mini Competitions will be invited, and submissions
accepted via Public Contracts Scotland Tender. 
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
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• 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 Public Contracts Scotland or
Public Contract Scotland Tender. 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
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 
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34.1 Due to the system controls in place all Tenders shall be opened by an
authorised user, using the parallel opening functionality on Public Contracts Scotland
or Public Contract Scotland Tender 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 endorsed 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. 
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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
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.
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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 £500K 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. 
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.
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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 Standstill Period must be
observed prior to the award of contract. The Mandatory 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 work goods or services included in the sub-contract. 
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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
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. 
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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. 
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.
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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
19 September 2024. These Orders supersede the Standing Orders approved by the
Council on 17 May 2023.
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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
Disposal of Property / Land
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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
receive in the email inbox by the deadline for submission. Any offers arriving
after the specified time will be highlighted as 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
(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 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.
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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 his
nominee. 
5.3 Unsuccessful parties will be notified 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. 
Health and Social Care Services
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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 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:
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• 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. 
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.
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Document Control Summary:
Location: I:\Committee Services\Publications\05 Standing Orders Relating
to Contracts
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. 
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49 
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. 
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Financial Regulations – September 2024
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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CODES OF FINANCIAL PRACTICE 2024 
Version Date Author Classification
Final xx September 2024 D Forbes Public 
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CODES OF FINANCIAL PRACTICE 2023 1
Code of Financial Practice 1 – Capital Finance 3
Code of Financial Practice 2 – Revenue Finance 5
Code of Financial Practice 3 – Control of Income 7
Code of Financial Practice 4a – Treasury Management 9
Code of Financial Practice 4b – Banking 11
Code of Financial Practice 5 – Imprests 12
Code of Financial Practice 6 – Tax Management 14
Code of Financial Practice 7 – Insurance and Risk Management 15
Code of Financial Practice 8 – Salaries and Wages 17
Code of Financial Practice 9 – Expenses 19
Code of Financial Practice 10 – Procurement of Goods and Services and Payment of
Accounts 21
Code of Financial Practice 11 – Contracts for Supplies, Services and Works 24
Code of Financial Practice 12 – Assets 26
Code of Financial Practice 13 – Stores and Inventories 27
Appendix 1 – Definition of Subjective and Objective Expenditure and Income Heads 28 
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 outwith 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. 
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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. 
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
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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 
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. 
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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. 
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 (e.g. income refunds, library refunds). 
Cash discount will not be offered to any debtor. 
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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 (e.g. 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, 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.  
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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 cheques 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. 
All arrangements for the ordering, controlling and signing of cheques on behalf of the Council
will be made by the Head of Finance. 
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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. 
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 
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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 the intranet. 
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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. 
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 31st May each year. 
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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. 
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 
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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 Pre-printed and Pre-signed cheques 
The Head of Finance will ensure that secure arrangements are made for the preparation and
holding of pre-printed / pre-signed cheques, 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.  
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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. 
Cash Advances 
Cash advances will only be made in exceptional circumstances when other means of payment
is not available. 
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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 31st 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. 
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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. 
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, cheque, 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. 
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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. 
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.
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All applications for a Procurement Card require to be authorised by a Head of Service,
Manager (Grade 14 and above) or Head Teacher. 
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.  
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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 
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. 
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• 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 
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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
• 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. 
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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
o Chief Executive
o Democratic Services
 Legal & Licensing
 Policy, Performance & Elections
 Communications
 Civil Contingencies
 Committee Services
 Member Services
 Information Governance
 Ayrshire Area Support Team
o Financial Services
 Change Programme
 Audit, Fraud, Safety & Insurance
 Corporate Procurement
 Financial Services
 Revenues
 Transformation
o People and ICT
 Employee Services
 Human Resources and Organisational Development
 ICT
 Business Support
 Customer Services  
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Objective Expenditure Heads (continued)
• Education
o Early Years Education**
o Primary Education**
o Secondary Education**
o Additional Support Needs**
o Central Education
o Pupil Equity Fund
o Attainment Challenge
o Facilities Management 
• Place
o Neighbourhood Services
 Roads
 Streetscene
 Waste Resources
o Economic Development, Growth & Regeneration
 Economic Policy
 Employability and Skills
 Regeneration
 Business
 Growth & Investment
o Sustainability, Transport and Corporate Property
 Property Management & Investment
 Housing Assets & Investment
 Property Maintenance
 Property Running Costs
 Energy & Sustainability
 Internal Transport 
• Communities & Housing
o Housing & Public Protection
 Building Services
 Works Scoping and Quality Assurance
 Property Governance
 Planning Services
 Protective Services
 Other Housing
o Connected Communities 
• Health and Social Care
o All 
• Other Corporate Items
o Joint Boards
o Other Corporate Costs
o Financing Charges
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** 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 
18 September 2024 
North Ayrshire Council 
Title:    Committee Timetable 2025 
Purpose:  To invite the Council to consider a timetable of meetings of the
Council and its committees for the period from January –
December 2025 
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 2025. 
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 Recess periods have been included for Easter, 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. 
2.3 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 11
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2.4 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 
3. Proposals 
3.1 The Council is invited: 
(a) to approve the draft committee timetable for 2025 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. 
Key Priorities 
4.6 None arising from the recommendations of this report. 
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Community Wealth Building 
4.7 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 2025 
Meeting Cycle 1 
Week
Beginning
Monday Tuesday Wednesday Thursday Friday
30 December Public Holiday Public Holiday Recess  Recess  Recess 
6 January    10.00 a.m. Licensing
Committee  
13 January  2.30 p.m. Cabinet Pre-Agenda  2.00 p.m. Audit & Scrutiny Pre-
Agenda 
20 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 
27 January      
3 February   10.00 a.m. Policy Advisory
Panel
10.00 a.m. Licensing
Committee 
10.00 a.m. Appeals Committee
(if required) 
10 February 2.00 p.m. Council Pre-Meeting
(Provost & Group Leaders) 
2.30 p.m. Cabinet Pre-Agenda 2.00 p.m. Council   
Meeting Cycle 2 
Week
Beginning
Monday Tuesday Wednesday Thursday Friday
17 February  2.30 p.m. Cabinet  2.00 p.m. Planning Committee
2.15 p.m* Local Review Body 
10.00 a.m. IJB PAC (TBC) 
24 February   2.00 p.m. Special Council
(Budget) 
10.00 a.m. Appeals Committee
(if required) 
3 March 2.00 p.m. Police & Fire &
Rescue Committee 
10.00 a.m. Licensing
Committee 
2.00 p.m. Audit & Scrutiny Pre-
Agenda 
10 March  2.30 p.m. Cabinet Pre-Agenda  10.00 a.m. Audit & Scrutiny 
17 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) 
24 March 2.00 p.m. Council Pre-Meeting
(Provost & Group Leaders) 
2.00 p.m. Council  
31 March  10.00 a.m. Licensing
Committee 
10.00 a.m. Appeals Committee
(if required) 
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Meeting Cycle 3 
Week
Beginning
Monday Tuesday Wednesday Thursday Friday
7 April School Hols School Hols School Hols School Hols School Hols 
14 April 
Easter Recess & School Hols  Easter Recess & School Hols  Easter Recess & School Hols  Easter Recess & School Hols  Good Friday 
21 April 
Easter Monday Public Holiday 
2.00 p.m. Planning Committee
2.15 p.m* Local Review Body 
10.00 a.m. Appeals Committee
(if required) 
28 April  2.30 p.m. Cabinet Pre-Agenda  10.00 a.m. IJB (TBC) 
5 May Public Holiday  2.30 p.m. Cabinet  10.00 a.m. Licensing
Committee  
12 May 1.00 p.m. Council Pre-Meeting
(Provost & Group Leaders) 
10.00 a.m. Policy Advisory
Panel
2.00 p.m. Council   
Meeting Cycle 4 
Week
Beginning
Monday Tuesday Wednesday Thursday Friday
19 May    2.00 p.m. Planning Committee
2.15 p.m* Local Review Body 
2.00 p.m. Audit & Scrutiny Pre-
Agenda 
26 May  2.30 p.m. Cabinet Pre-Agenda  10.00 a.m. Audit & Scrutiny 
2 June  2.30 Cabinet (Education) 10.00 a.m. Licensing
Committee
10.00 a.m. Appeals Committee
(if required) 
9 June      
16 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. IJB (TBC) 
23 June 2.00 p.m. Council Pre-Meeting
(Provost & Group Leaders) 
2.00 p.m. Council   10.00 a.m. IJB PAC (TBC) 
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Meeting Cycle 5 
Week
Beginning
Monday Tuesday Wednesday Thursday Friday
30 June      
7 July      
14 July    Summer Recess Period &
School Hols  
21 July     
28 July     
4 August      
11 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) 
18 August    10.00 a.m. IJB (TBC)
2.00 p.m. Audit & Scrutiny Pre-
Agenda 
25 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 
1 September 2.00 p.m. Police & Fire &
Rescue Committee
2.30 p.m. Cabinet (Education)   10.00 a.m. IJB PAC (TBC) 
8 September  10.00 a.m. Policy Advisory
Panel 
10.00 a.m. Licensing
Committee
10.00 a.m. Appeals Committee
(if required) 
15 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
22 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. IJB (TBC) 
29 September  2.30 p.m. Cabinet   10.00 a.m. Special Audit &
Scrutiny (if required) 
6 October   10.00 a.m Licensing Committee 10.00 a.m. Appeals Committee
(if required) 
13 October   
October Recess
& School Hols 
20 October  2.30 p.m. Cabinet Pre-Agenda   
27 October  2.30 p.m. Cabinet (Education) 2.00 p.m. Planning Committee
2.15 p.m* Local Review Body 
3 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
10 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 
17 November    10.00 a.m. Audit & Scrutiny 
24 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) 
1 December  2.30 p.m. Cabinet   10.00 a.m. Appeals Committee
(if required) 
8 December   10.00 a.m. Licensing
Committee
10.00 a.m. IJB (TBC) 
15 December 2.00 p.m. Council Pre-Meeting
(Provost & Group Leaders) 
2.00 p.m. Council 
22 December   Winter Recess 
& Expected School Hols  
29 December       
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NORTH AYRSHIRE COUNCIL 
18 September 2024 
Council 
Title:    Irvine Town Centre: Long-Term Plan for Towns 
Purpose:  To seek approval of the proposed Elected Member
representation on the Irvine Town Board. 
Recommendation:  That Council:
a) Notes the Town Board membership provided at
Appendix One; 
b) Approves the appointment of the three Elected Members
to the Town Board as outlined at Appendix One; and
c) Notes the progress to date to inform the development of
a Long-Term Plan. 
1. Executive Summary 
1.1 On 30 September 2023, the UK Government announced that 55 towns across the UK
would benefit from up to £20 million of investment through endowment style funding
over a 10-year period. Irvine was identified as one of seven towns in Scotland to
benefit from this funding. 
1.2 Cabinet approved the acceptance of the award, an interim governance structure and
early commencement of work to develop a Long-Term Plan for the investment on 5
December 2023. 
1.3 This report provides an update on the appointment of the Irvine Town Board, seeks
approval of the proposed Elected Member representation. Further information,
including an update on the early work to develop a Long-Term Plan for the investment
is also provided. 
2. Background 
2.1 The UK Government’s Long-Term Plan for Towns Prospectus was published on 1
October 2023. This identified 55 towns as beneficiaries of the fund with a further
tranche of 20 towns announced in March 2024. The programme proposes to invest
£1.5 billion into the 75 towns across the UK, of which ten are within Scotland. 
2.2 The ten Scottish towns are Irvine, Kilmarnock, Greenock, Coatbridge, Clydebank,
Dumfries, Elgin, Peterhead, Arbroath and Kirkwall. Towns were selected using the
Levelling Up Needs Index methodology. This considered metrics covering skills, pay,
Agenda Item 12
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productivity and health alongside the Scottish Index of Multiple Deprivation (SIMD),
the City and Town Classifications of Constituencies and Local Authorities dataset. 
2.3 The Long-Term Plan for Towns seeks to place local people at the heart of the
decision-making process and to provide the funding to support delivery. The Town
Board are responsible for identifying the issues and priorities on which the Long-Term
Plan will focus and supporting a process of ongoing community engagement. It will
work with the Local Authority to develop the Plan, setting out how local partners will
use their knowledge, powers, assets, and new funding to deliver for their communities.
It will also assist in identifying opportunities to secure additional funding or private
investment to support the Plan and oversee the delivery of identified projects. 
2.4 On 5 December 2023, the Council’s Cabinet approved the acceptance of the award,
an interim governance structure and early commencement of work to develop a Long-
Term Plan for the investment. This agreed that a sub-group of the Irvine Locality
Partnership be formed including the representation outlined in the Prospectus as an
interim governance structure. Updates were provided to the Irvine Locality Partnership
on the Fund in January 2024, through which agreement was obtained to progress the
interim governance approach and formation of the sub-group of the Locality
Partnership. 
2.5 Further guidance on the Fund has been published including Guidance for Local
Authorities and Town Boards and a Policy Toolkit for Scotland. Representation on the
Town Board has been informed by this guidance and engagement with the Locality
Partnership. Informed by the guidance, it is proposed that three Elected Members, to
represent the three Irvine Wards, and nominated substitutes be appointed to the
Board. The Board members and the approach to the identification of a Chair are
outlined at Appendix One. 
2.6 The UK Government initially required the submission of the Long-Term Plan by 1
August 2024. In July 2024, an update was received that this deadline would be
extended and formal confirmation of the new submission deadline is awaited. The
Long-Term Plan shall comprise a 10-year vision and an initial 3-year investment plan
for the Town. 
2.7 The first Town Board meeting was held on 1 August 2024. A further meeting was held
on 29 August 2024. The Town Board has commenced a consultation exercise for the
community and other interested stakeholders. This is being undertaken online and
through engagement activities a range of events and venues in the coming weeks and
months to maximise the opportunities for participation. The Board will use this to
inform the development of the Long-Term Plan alongside previous consultation
activities and existing data. 
2.8 A report will be taken to the Council’s Cabinet in due course to seek approval for the
Plan and agreement to the submission of the Long-Term Plan to UK Government. 
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3. Proposals 
3.1 That Council: 
a) Notes the Town Board membership provided at Appendix One; 
b) Approves the appointment of the three Elected Members to the Town Board as
outlined at Appendix One; and
c) Notes the progress to date to inform the development of a Long-Term Plan. 
4. Implications/Socio-economic Duty 
Financial 
4.1 The total award per town has now been confirmed as £19.509m. The Financial
Assistance power under Section 50 of the UK Internal Market Act will be used to fund
towns directly. 
Human Resources 
4.2 Additional staff resource is required to support the delivery of the Fund and the
development of a Long-Term Plan for Irvine due to the scale and duration of the
award. This requirement was considered with the Irvine Locality Partnership. It is
proposed that an Irvine Town Centre Officer be recruited in the first instance to
support the project, based in the Regeneration team. The cost of this will be met from
the funding awarded and recruitment will commence on receipt of formal confirmation
of the award. 
Legal 
4.3 The legal implications of the Long-Term Plan for Irvine will be considered through its
development and Legal advice taken as necessary. Legal agreements will be
developed on a project-by-project basis as required with support from Legal Services.
Negotiation in relation to land and building acquisitions will be undertaken as
necessary with support from the Council’s Legal Services and Property Management
and Investment Service. 
Equality/Socio-economic 
4.4 The Fund aims to support town centre regeneration and promote economic
development. This considers metrics covering skills, pay, productivity and health
alongside the Scottish Index of Multiple Deprivation. 
An initial screening will be undertaken to establish if an Equality and Children’s Rights
Impact Assessment is required for individual programme elements on a case-by-case
basis. 
Climate Change and Carbon 
4.5 The development of a Long-Term Plan for Irvine will enable the delivery of projects
aimed at revitalising Irvine town centre. This could include promoting and improving
active travel, reducing vacant and derelict land and carbon reduction measures. This
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aligns with the priorities of the Sustainable North Ayrshire Strategy and the
commitment to reduce carbon emissions. 
Key Priorities 
4.6 The development and implementation of a Long-Term Plan for Irvine will support all
four of the Council Plan’s priorities and strategic aims of: 
• Wellbeing: To transition to a wellbeing economy, delivering prosperity, wellbeing
and resilience for local people.
• Communities and Local Democracy: We will have active, inclusive and resilient
communities.
• Climate Change: To achieve net-zero by 2030.
• A Sustainable Council: A Community Wealth Building Council that is efficient and
accessible, maximising investment and focusing resources on our priorities. 
Community Wealth Building 
4.7 The Fund has the local community at the heart of its methodology. It aims to ensure
investment is targeted at local priorities and will empower local communities to
contribute to the regeneration of the town centre. A Community Wealth Building
approach will be adopted to the development of the Long-Term Plan to ensure that its
delivery contributes across the pillars of: 
• Land and Assets: by supporting equitable land development and the development
of underutilised assets for community use.
• Procurement: through the inclusion of appropriate community benefit of local
supplier clauses within projects; and by considering phasing and programming of
projects to create local supply chain opportunities and support delivery by smaller
scale and local contractors where appropriate.
• Fair Employment: by supporting the creation of employment opportunities
particularly within the construction sector. Where North Ayrshire is procuring
services, through our enhanced Community Benefits approach we will seek to
ensure the creation of local training and work experience opportunities.
Consideration will also be given to delivery through employability programmes
where appropriate.
• Financial Power: by investing in the town centre and leveraging additional external
investment. 
5. Consultation 
5.1 The Long-Term Plan for Towns aims to ensure that local people are at the heart of
decisions, through direct membership of the Towns Board and through a requirement
to engage widely on the long-term plan for each town. The Long-Term Plan for Irvine
will therefore be developed through co-production with the Towns Board and
extensive engagement with stakeholders. This approach has been informed by
engagement with Connected Communities. It will build on work to date, Locality
Partnership’s priorities, the Regeneration Delivery Plan and previous consultation
exercises. 
Updates have been provided to the Irvine Locality Partnership on the Fund. Through
this agreement was obtained approval for the interim governance approach and
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formation of the sub-group of the Locality Partnership. Representation on the interim
Towns Board has been informed by engagement with the Locality Partnership and
Connected Communities. 
RUSSELL McCUTCHEON
Executive Director (Place) 
For further information please contact Claire Fitzsimmons, Interim Senior Manager –
Regeneration, on 01294 315305. 
Background Papers 
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Appendix One: Irvine Town Board Membership 
The Town Board will help co-produce the longer term governance arrangements, structure
and membership, consultation and engagement approaches and the programme for the
development of the Long-Term Plan for Irvine. This will include reviewing the previous
consultation and engagement outputs and identifying requirements for further survey or
analysis. The Town Board will prepare the Long-Term Plan for approval by Cabinet in line
with the updated submission timescales we are currently awaiting on from UK Government. 
The membership requirements of the Town Board are set out in the Long-Term Plans for
Town Prospectus and Guidance. The following table details the membership for the Town
Board. The representatives were identified through engagement with the Locality
Partnership and the local interest groups and agencies required by the Prospectus and
Guidance. Three Elected Members are proposed to ensure each of the three Irvine wards
are represented. 
Name  Organisation
Bill Nolan - Chair  Irvine Burns Club 
Chris Pless  Irvine Community Council 
Cllr Nairn McDonald  North Ayrshire Council 
Cllr Matthew McLean  North Ayrshire Council 
Cllr Chloe Robertson  North Ayrshire Council 
Barbara Conner TACT 
Paul Timmons  Scottish Fire and Rescue 
Fraser Normansell  Police Scotland 
Steven Easton  Chamber of Commerce 
Fiona Paton  Rivergate Shopping Centre 
David Phillips  Irvine Seniors Forum 
David Mann  Scottish Maritime Museum 
Danny Kerr  Marymass Festival Committee 
Emma Burns  MSYP - Cunninghame South 
Freya Fitzsimmons   MSYP - Cunninghame South 
Malcolm McPhail  KA Leisure 
Alan Gemmell MP  MP 
Elaine Baxter  North Ayrshire Council 
The guidance notes that a local community leader or local businessperson must chair Town
Boards. The chair should act as a champion for the town and provide leadership for the
Town Board, ensuring it is community-led and embedded within the local area. 
Elected representatives are not permitted to chair the Town Board. 
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NORTH AYRSHIRE COUNCIL 
18 September 2024 
North Ayrshire Council 
Title:    Jo Cox Civility Commission – Financial Support 
Purpose:  To agree financial support for the Jo Cox Civility Commission. 
Recommendation:  That Council agrees to make a donation of £1,000 to support the
ongoing activities of the Jo Cox Civility Commission. 
1. Executive Summary 
1.1 As the co – chairs of the Barriers to Elected Office Group, the COSLA Presidential Team
have written to all Council Leaders recommending support for a funding request
received from the Jo Cox Foundation. 
1.2 In order to support the Jo Cox Civility Commission continue its current activities and
explore research opportunities, including those in Scotland and Northern Ireland, it is
recommended that a donation of £1,000 is made to the Commission for the current
year. 
2. Background 
2.1 The Jo Cox Civility Commission was launched in February 2023 with the aim of
tackling the abuse and intimidation faced by elected representatives in the UK. The
Commission’s final report was published in January 2024 and outlined a range of
practical recommendations to address this issue. 
2.2 The report emphasised the detrimental impact of abuse and intimidation on
democracy and called for urgent action across various sectors, including central
government, policing, and social media to ensure a safer and more respectful political
environment, encouraging more diverse and representative participation in politics.
Key points from the report include: 
• Central Government Action: Calls for stronger legislation and policies to protect
elected officials from abuse and intimidation.
• Policing and Enforcement: Recommends enhanced training for police officers to
handle cases of abuse against politicians more effectively.
• Social Media Regulation: Suggests stricter regulations and accountability for
social media platforms to curb online abuse.
• Support Systems: Proposes better support and resources for victims of abuse,
including mental health services and legal assistance.
Agenda Item 13
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• Public Awareness Campaigns: Encourages initiatives to educate the public about
the impact of abuse on democracy and promote civility in political discourse. 
2.3 Current funding for the Jo Cox Civility Commission covers a single member of staff
and is due to end in December 2024. As a result, the Commission is seeking
additional funding to support work on advocacy with stakeholders, media campaigning
and further research opportunities with key focuses for ongoing work planning,
including the experience of local government elected members and the experiences of
staff and family members. The Commission are keen to undertake this work in the
devolved nations as to date projects have been undertaken in Wales but Scotland and
more recently Northern Ireland are key focuses in ongoing work planning. 
2.4 Following consideration by COSLA Leaders, the President and Vice President of
COSLA have written to all Scottish Local Authorities, endorsing and highlighting the
work of the Commission and recommending that individual councils consider making
a donation to its funding. In terms of a general guide, donations of between £500 to
£1,000 are sought from local authorities, 
3. Proposals 
3.1 To recognise the importance of this work, it is proposed that Council agrees to make a
donation of £1,000 to support the ongoing activities of the Jo Cox Civility Commission. 
4. Implications/Socio-economic Duty 
Financial 
4.1 The recommended donation of £1,000 will be met from the general contingencies
budget for 2024/25. This budget is set aside to help address the inflationary impacts
faced by the Council. 
Human Resources 
4.2 None. 
Legal 
4.3 None. 
Equality/Socio-economic 
4.4 None. 
Environmental and Sustainability 
4.5 None. 
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Key Priorities 
4.6 This report directly supports the Council Plan 2023 to 2028 by creating a participation
and engagement framework which ensures opportunities and support for all residents
to take part in influencing local democracy and Council and partner strategies; and
ensuring that robust governance arrangements are in place to fulfil the Council’s
statutory duties, manage risk and support delivery of key priorities. 
Community Wealth Building 
4.7 None. 
5. Consultation 
5.1 There are no consultations required. 
Mark Boyd
Head of Service (Finance) 
For further information please contact David Forbes, Senior Manager (Strategic
Business Partner), on 01294 324551. 
Background Papers
None
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