Composition of Political Groups and Revision of the Scheme of Administration and SO
North Ayrshire Council · 18 December 2024
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NORTH AYRSHIRE COUNCIL 18 December 2024 North Ayrshire Council Title: Composition of Political Groups and Revision of the Scheme of Administration and Standing Orders for Meetings and Proceedings of the Council and its Committees Purpose: To note the change in the composition of the Opposition Groups and consider amendments to the Scheme of Administration and Standing Orders for Meetings and Proceedings of the Council and its Committees to reflect those changes. Recommendation: That the Council notes the changes in the composition of the Opposition Groups and agrees (a) to approve, with effect from 19th December 2024, (i) the revised Scheme of Administration attached at Appendix 1; (ii) the revised Standing Orders for Meetings and Proceedings of the Council and Committees, attached at Appendix 2 and (b) considers and determines any further proposals put to Council for amendment to the Scheme of Administration or Standing Orders. 1. Executive Summary 1.1 The composition of the Council has changed following intimation to the Chief Executive and Monitoring Officer that with effect from 29th November 2024 Councillors Stewart Ferguson and Matthew McLean have resigned from the Conservative and Unionist Party, and that in accordance with the definition contained in Standing Orders they have formed a party within the Council under Reform UK. 1.2 The Scheme of Administration and Standing Orders for Meetings and Proceedings of the Council and its Committees were constituted to reflect the composition of the Council in May 2022. They now require to be updated to reflect the current composition of the Council in accordance with the principles of good governance. 2. Background 2.1 Councillors Stewart Ferguson and Matthew Mclean intimated to the Chief Executive and Monitoring Officer that with effect from 29th November 2024, they had resigned from the Conservative and Unionist Party and joined Reform UK. They have formed a party within the Council in accordance with the definition contained in paragraph 33.1 (xi) of Standing Orders whereby 2 or more Members can intimate to the Chief Executive that they have formed a party.
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2.2 The composition of the Council therefore comprises: • 12 SNP Members • 11 Labour Members • 6 Conservative and Unionist Members • 2 Reform UK Members • 2 Independent Members 2.3 This report is being presented in accordance with Standing Orders 24.1 (ii) and 31.3 as it is necessary for good governance of the Council given that there has been a change to its composition. 2.4 The Scheme of Administration and Standing Orders for Meetings make provision for the Administration, 2 Opposition groups and Independent Members. They do not provide for any additional political opposition parties. Scheme of Administration 2.5 The Scheme of Administration provides for the constitution of Committees of the Council. It accurately reflected the position as of May 2022 and was not affected by subsequent by-elections. It is proposed that the following changes are made to the Scheme: • The inclusion of a “third Opposition” and generic provision for further opposition parties to cover such instances occurring; • The current Scheme allocates specific numbers for the purposes of nominations to committees. Amendments to the party nomination allocation process to the Audit & Scrutiny, Planning, Licensing and Police Fire and Rescue Committees are proposed and which will make the Scheme more generic. In relation to nominations for the Planning, Licensing and Police Fire and Rescue Committees, it is proposed that the number of places available for nominations will be allocated on a proportional and equitable basis according to party representation on the Council. For the Audit & Scrutiny Committee, it is proposed that the number of Administration places available for nomination will be as existing – two - with the remaining seven places being open for nominations from the Oppositions and Independent Members on a proportional and equitable basis according to representation on the Council. It should be noted that this change will not affect the current composition of committees. The committee positions of Councillors Stewart Ferguson and Matthew McLean will remain, having been nominated by the Conservative and Unionist Group and appointed by Council as individuals. The exception to this is Councillor McLean’s appointment to the Staffing and Recruitment Committee as the then Depute Leader of the Conservative & Unionist Group. As the Scheme specifies that it is the Depute Leader of that Group who is the substitute Member, that position will now fall to the new Depute Leader of the Conservative & Unionist Group. It should be noted that any subsequent resignations from Committees will be dealt with in accordance with Standing Order 8.5 i.e. if a Councillor from a party resigns, they will be replaced by a Member of that party unless the position is not filled within 12 weeks. The proposed amended Scheme of Administration is attached at Appendix 1 for consideration.
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Standing Orders for Meetings and Proceedings of the Council and its Committees 2.6 The Standing Orders for Meetings and Proceedings of the Council and its Committees do not provide for Members of an additional party to lodge questions to Council in terms of paragraph 14.3 as part of the “Lot” system. Inclusion of reference to a “third Opposition” at Lot 3 will enable Reform UK to be formally included in the process. Further generic provision is made to cover the eventuality of any other political opposition groups being formed. The proposed amendment would result in the current Lot process being as follows: • Lot one - main Opposition; (Labour) • Lot two – second Opposition; (Conservative and Unionist) • Lot three – third Opposition; (Reform UK) • Lot four – Independent Members and Opposition Parties with fewer than 2 members; • Lot five – the Administration. (SNP) 2.7 Provision has been made at paragraph 10.3 to formally include further opposition group(s) in the budget setting meetings. Provision has also been made to include summing up for call-ins and petitions at paragraph 26.4 and Appendix 2 to the Standing Orders. The proposed amended Standing Orders for Meetings and Proceedings of Council and its Committees are attached at Appendix 2 of this report for consideration. 3. Proposals 3.1 That the Council notes the changes in the composition of the Opposition Groups and agrees (a) to approve, with effect from 19th December 2024, (i) the revised Scheme of Administration attached at Appendix 1; (ii) the revised Standing Orders for Meetings and Proceedings of the Council and Committees, attached at Appendix 2 and (b) considers and determines any further proposals put to Council for amendment to the Scheme of Administration or Standing Orders. 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 Approval of the key governance documents in an essential component of the Council’s legal and administrative arrangements.
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Equality/Socio-economic 4.4 None arising from this report. Environmental and Sustainability 4.5 None arising from 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 this report. 5. Consultation 5.1 None arising from this report. Craig Hatton Chief Executive For further information please contact Aileen Craig, Head of Service (Democratic Services), on 01294 324125 or acraig@north-ayrshire.gov.uk. Background Papers 0
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Scheme of Administration Published by Committee Services North Ayrshire Council Cunninghame House, Irvine KA12 8EE Classification: Public
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CONTENTS Section Page 1 General 1 2 Provisions Applicable to All Committees 3 3 Cabinet 6 4 Appeals Committee 12 5 Audit and Scrutiny Committee 13 6 Ayrshire Economic Joint Committee 16 7 Ayrshire Shared Services Joint Committee 19 8 Education Appeal Committee 21 9 Licensing Committee 22 10 Local Development Plan Committee 23 11 Local Review Body 25 12 Planning Committee 27 13 Police and Fire and Rescue Committee 29 14 Staffing & Recruitment Committee 31 15 North Ayrshire Integration Joint Board 32
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1 SECTION 1: GENERAL Purpose The Scheme regulates: - • The constitution and membership of the Committees of the Council; • The functions of the Committees of the Council; and • The delegation to Committees to exercise the functions of the Council. Amendment This Scheme may be amended at any time by a decision of Council by a simple majority. Interpretation In this Scheme the following expressions will have the following meaning assigned to them: “Act” in relation to the functions of the Council means an Act of Parliament or any amendment, replacement or variation thereof including Regulations made thereunder. “Area” in relation to the geographical area of jurisdiction of the Council will be North Ayrshire as defined in column one of Part 1 of Schedule 1 to the Local Government Etc. (Scotland) Act 1994. “Committee” where the context permits includes any Sub-Committee of that Committee or Joint Committee. “Co-opted Member” means any Member of a Committee who is not an Elected Member. “Council” means the North Ayrshire Council. “Chief Executive” means the Chief Executive appointed by the Council. “Chief Officer” means any Chief Officer appointed by the Council. “Executive Director” means any Executive Director appointed by the Council. “Member” means a Councillor of the Council elected in terms of the Local Government Etc. (Scotland) Act 1994. “Provost” means the Civic Head of the Council appointed by the Council. “Leader” means the Leader for the time being of the Council. “Depute Leader” means the Depute Leader for the time being of the Council. "Main Opposition" means the largest Political or other Group not forming part of the Council Administration. “Second Opposition” means the second largest Political or other Group not forming part of the Council Administration “Third Opposition” means the third largest Political or other Group not forming the Council Administration
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2 Further Oppositions, should they be formed within the Council, comprising political and/or other groups shall be included in the democratic process and their precedence will accord with the number of Members within that Opposition Group. 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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3 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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4 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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5 (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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6 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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7 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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8 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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9 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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10 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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11 (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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12 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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13 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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14 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 and seven Members nominated by Opposition and Independent Members on a proportional and equitable basis according to party representation or on such other basis as may be agreed by Council from time to time in accordance with Standing Orders for Meetings and Proceedings of the Council. . 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.
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15 5. To consider reports from External Audit and inspection agencies and their implications for governance, risk management or control. 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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16 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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17 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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18 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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19 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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20 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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21 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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22 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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23 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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24 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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25 SECTION 9: LICENSING COMMITTEE Constitution Ten Members of the Council nominated by the Administration, Opposition and Independent Members on a proportional and equitable basis according to party representation or on such other basis as may be agreed by Council from time to time in accordance with Standing Orders for Meetings and Proceedings of the Council. 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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26 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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27 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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28 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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29 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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30 SECTION 12: PLANNING COMMITTEE Constitution Ten Members of the Council nominated by the Administration, Opposition and Independent Members on a proportional and equitable basis according to party representation or on such other basis as may be agreed by Council from time to time in accordance with Standing Orders for Meetings and Proceedings of the Council. 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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31 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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32 SECTION 13: POLICE AND FIRE AND RESCUE COMMITTEE Constitution Ten Members of the Council nominated by the Administration, Opposition and Independent Members on a proportional and equitable basis according to party representation or on such other basis as may be agreed by Council from time to time in accordance with Standing Orders for Meetings and Proceedings of the Council. 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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33 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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34 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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35 SECTION 15 - NORTH AYRSHIRE INTEGRATION JOINT BOARD Constitution North Ayrshire Integration Joint Board is a statutory body constituted in terms of The Public Bodies (Scotland) (Integration Joint Board Establishment) (Scotland) Order 2015. The Functions delegated by the Council to the Board, as well as its Membership, Chairperson, Quorum, and powers are more specifically set out in the North Ayrshire Integration Scheme, being an agreement between North Ayrshire Council and Ayrshire and Arran NHS Board approved by Scottish Ministers in March 2015. Voting membership comprises four persons nominated by the NHS Board, and four persons appointed by the Council, each of whom may have a Deputy. The Council nominations shall comprise two Members and two Deputies nominated by the Administration and two Members and two Deputies not nominated by the Administration. Chair The Chair shall rotate every two years between a Chair nominated by the Council, and one nominated by the NHS Board. The Vice Chair is nominated from whichever of the Council or NHS nominees who is not then the Chair. The Council appointed Chair or Vice Chair shall be Cabinet Portfolio Holder for Health and Social Care. Quorum The quorum is half of the voting members. Delegated Powers North Ayrshire Integration Joint Board has fully delegated powers to implement its functions. Functions Referred In relation to the following functions 1. Social work services for adults and older people. 2. Services and support for adults with physical disabilities, learning disabilities. 3. Mental health services. 4. Drug and alcohol services. 5. Adult protection and domestic abuse. 6. Carers support services. 7. Community care assessment teams. 8. Support services. 9. Care home services. 10. Adult placement services. 11. Health improvement services. 12. Aids and adaptations and gardening services. 13. Day services. 14. Local area co-ordination. 15. Respite provision.
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16. Occupational therapy services. 17. Re-ablement services, equipment and telecare. 18. Criminal justice social work services. 19. Children and families social work services. The duties of the Council under the following legislation: - 1. National Assistance Act 1948 (a) Section 45 (The recovery of expenditure incurred under Part III of that Act where a person has fraudulently or otherwise misrepresented or failed to disclose a material fact.) (b) Section 48 (The protection of property of a person admitted to hospital or accommodation provided under Part III of that Act.) 2. Matrimonial proceedings (Children) Act 1958 (a) Section 11 (Reports as to arrangements for future care and upbringing of children.) 3. The Disabled Persons (Employment) Act 1958 (a) Section 3 (The making of arrangements for the provision of facilities for the purposes set out in section 15(1) of the Disabled Persons (Employment) Act 1944.) 4. The Social Work (Scotland) Act 1968 (a) Section 1 (The enforcement and execution of the provisions of the Social Work (Scotland) Act1968.) (b) Section 4 (The making of arrangements with voluntary organisations or other persons for assistance with the performance of certain functions.) (c) Section 5 (Local authorities to perform their functions under the Act under the guidance of the Secretary of State.) (d) Section 6B (Local authority inquiries into matters affecting children.) (e) Section 8 (The conducting of or assisting with research in connection with functions in relation to social welfare and the provision of financial assistance in connection with such research.) (f) Section 10 (The making of contributions by way of grant or loan to voluntary organisations whose sole or primary object is to promote social welfare and making available for use by a voluntary organisation premises, furniture, equipment, vehicles and the services of staff.) (g) Section 12 (The promotion of social welfare and the provision of advice and assistance) except in so far as it is exercisable in relation to the provision of housing support services. (h) Section 12A (The assessment of needs for community care services, the making of decisions as to the provision of such services and the provision of emergency community care services.) (i) Section 12AZA (The taking of steps to identify persons who are able to assist a supported person with assessments under section 12A and to involve such persons in such assessments.)
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(j) Section 13(The assistance of persons in need with the disposal of their work.) (k) Section 13ZA (The taking of steps to help an incapable adult to benefit from community care services.) (l) Section 13A (The provision, or making arrangements for the provision, of residential accommodation with nursing.) (m) Section 13B (The making of arrangements for the care or aftercare of persons suffering from illness.) (n) Section 14 (The provision or arranging the provision of domiciliary services and laundry services.) (o) Section 27 (Supervision and care of persons put on probation or released from prisons etc.) (p) Section 27ZA (Grants in respect of community service facilities.) (q) Section 28 (The burial or cremation of deceased persons who were in the care of the local authority immediately before their death and the recovery of the costs of such burial or cremation) so far as it is exercisable in relation to persons cared for or assisted under another delegated function. (r) Section 29 (The making of payments to parents or relatives of, or persons connected with, persons in the care of the local authority or receiving assistance from the local authority, in connection with expenses incurred in visiting the person or attending the funeral of the person.) (s) Section 59 (The provision of residential and other establishments.) (t) Section 78A (Recovery of contributions.) (u) Section 80 (Enforcement of duty to make contributions.) (v) Section 81 (Provisions as to decrees for ailment.) (w) Section 83 (Variation of trusts.) (x) Section 86 (The recovery of expenditure incurred in the provisions of accommodation, services, facilities or payments for persons ordinarily resident in the area of another local authority from the other local authority.) 5. The Children Act 1975 (a) Section 34 (Access and maintenance.) (b) Section 39 (Reports by local authorities and probation officers.) (c) Section 40 (Notice of application to be given to local authority.) (d) Section 50 (Payments towards maintenance of children.) 6. The Local Government and Planning (Scotland) Act 1982 (a) Section 24 (1) (The provision, or making arrangements for the provision, of gardening assistance and the recovery of charges for such assistance.) 7. Health and Social Services and Social Security Adjudications Act 1983 (a) Section 21 (The recovery of amounts in respect of accommodation provided under the Social Work (Scotland) Act 1968 or Section 25 of the Mental Health (Care and Treatment) (Scotland) Act 2003.) (b) Section 22 (The creation of a charge over land in England or Wales where a person having a beneficial interest in such land has failed to pay a sum due to be paid in respect of accommodation provided under the Social Work (Scotland) Act 1968 or Section 25 of the Mental Health (Care and Treatment)(Scotland) Act 2003.) (c) Section 23 (The creation of a charging order over an interest in land in Scotland where a person having such an interest has failed to pay a sum due to be paid in respect of accommodation provided under the Social Work (Scotland) Act 1968 or Section 25 of the Mental Health (Care and Treatment)(Scotland) Act 2003.)
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8. Foster Children (Scotland) Act 1984 (a) Section 3 (Duty of local authority to ensure well-being of and to visit foster children.) (b) Section 5 (Notification to local authority by persons maintaining or proposing to maintain foster children.) (c) Section 6 (Notification to local authority by persons ceasing to maintain foster children.) (d) Section 8 (Power of local authorities to inspect foster premises.) (e) Section 9 (Power of local authorities to impose requirements as to the keeping of foster children.) (f) Section 10 (Power of local authorities to prohibit the keeping of foster children.) 9. Disabled Persons (Services, Consultation and Representation) Act 1986 (a) Section 2 (The making of arrangements in relation to an authorised representative of a disabled person and the provision of information in respect of an authorised representative.) (b) Section 3 (The provision of an opportunity for a disabled person or an authorised representative of a disabled person to make representations as to the needs of that person on any occasion where it falls to a local authority to assess the needs of the disabled person for the provision of statutory services by the authority, the provision of a statement specifying the needs of the person and any services which the authority proposes to provide, and related duties.) (c) Section 7(The making of arrangements for the assessments of the needs of a person who is discharged from hospital.) 10. Section 8 (Having regard, in deciding whether a disabled person’s needs call for the provision of services, to the ability of a person providing unpaid care to the disabled person to continue to provide such care.) The Children (Scotland) Act 1995 (a) Section 17 (Duty of local authority to children looked after by them.) (b) Sections 19-27 (Provision of relevant services by local authority for or in respect of children in their area.) (c) Sections 29-32 (Advice and assistance for young person’s formerly looked after by local authorities; duty of local authority to review case of a looked after child; removal by local authority of a child from a residential establishment.) (d) Section 36 (Welfare of certain children in hospitals and nursing homes etc.) (e) Section 38 (Short term refuges for children at risk of harm.) (f) Section 76 (Exclusion orders.) 11. Criminal Procedure (Scotland) Act 1995 (a) Section 51 (Remand and committal of children and young persons.) (b) Section 203 (Where a person specified in section 27(1)(b)(i) to (vi) of the Social Work (Scotland) Act 1968 commits an offence the court shall not to dispose of the case without first obtaining a Report from the local authority in whose area the person resides.) (c) Section 234B (Drug treatment and testing order.) (d) Section 245A (Restriction of liberty Orders.) 12. The Adults with Incapacity (Scotland) Act 2000 (a) Section 10 (The general functions of a local authority under the Adults with Incapacity (Scotland) Act 2000.)
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(b) Section 12 (The taking of steps in consequence of an investigation carried out under section 10(1)(c) or (d).) (c) Sections 37, 39-45 (The management of the affairs, including the finances, of a resident of an establishment managed by a local authority.) 13. The Housing (Scotland) Act 2001 (a) Section 92(assistance for housing purposes) only in so far as it relates to an aid or adaptation. 14. The Community Care and Health (Scotland) Act 2002 (a) Section 4 (The functions conferred by Regulation 2 of the Community Care (Additional Payments) (Scotland) Regulations 2002 in relation to the provision, or securing the provision, of relevant accommodation.) (b) Section 5 (The making of arrangements for the provision of residential accommodation outside Scotland.) (c) Section 6 (Entering into deferred payment agreements for the costs of residential accommodation.) (d) Section 14 (The making of payments to an NHS body in connection with the performance of the functions of that body.) 15. The Mental Health (Care and Treatment) (Scotland) Act 2003 (a) Section 17 (The provision of facilities to enable the carrying out of the functions of the Mental Welfare Commission.) (b) Section 25 (The provision of care and support services for persons who have or have had a mental disorder) except in so far as it is exercisable in relation to the provision of housing support services. (c) Section 26 (The provision of services designed to promote well-being and social development for persons who have or have had a mental disorder) except in so far as it is exercisable in relation to the provision of housing support services. (d) Section 27 (The provision of assistance with travel for persons who have or have had a mental disorder) except in so far as it is exercisable in relation to the provision of housing support services. (e) Section 33 (The duty to inquire into a person’s case in the circumstances specified in 33(2).) (f) Section 34 (The making of requests for co-operation with inquiries being made under section 33(1) pf that Act.) (g) Section 228 (The provision of information in response to requests for assessment of the needs of a person under section 12A(1)(a) of the Social Work (Scotland) Act 1968.) (h) Section 259 (The securing of independent advocacy services for persons who have a mental disorder.) 16. Management of Offenders etc. (Scotland) Act 2005 (a) Sections 10-11 (Assessing and managing risks posed by certain offenders.) 17. The Housing (Scotland) Act 2006 (a) Section 71(1)(b) (assistance for housing purposes) only in so far as it relates to an aid or adaptation.
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18. Adoption and Children (Scotland) Act 2007 (a) Section 1 (Duty of local authority to provide adoption service.) (b) Sections 4-6 (Local authority to prepare and publish a plan for the provision of adoption service; local authority to have regard to Scottish Ministers’ Guidance and; assistance in carrying out functions under sections 1 and 4.) (c) Sections 9-12 (Adoption support services.) (d) Section 19 (Local authority’s duties following notice under section 18.) (e) Section 26 (Procedure where an adoption is not proceeding.) (f) Section 45 (Adoption support plans.) (g) Section 47-49 (Family member’s right to require review of an adoption support plan; cases where local authority under a duty to review adoption support plan and reassessment of needs for adoption support services). (h) Section 51 (Local authority to have a regard to guidance issued by Scottish ministers when preparing or reviewing adoption support plans.) (i) Section 71 (Adoption allowances schemes.) (j) Section 80 (Application to court by local authority for the making of a Permanence Order.) (k) Section 90 (Precedence of court orders and supervisions requirement over permanence order.) (l) Section 99 (Duty of local authority to apply for variation or revocation of a permanence order.) (m) Section 101 (Notification requirements upon local authority.) (n) Section 105 (Notification requirements upon local authority where permanence order is proposed – relates to child’s father.) 19. The Adult Support and Protection (Scotland) Act 2007 (a) Section 4 (The making of enquiries about a person’s wellbeing, property or financial affairs.) (b) Section 5 (The co-operation with other councils, public bodies and office holders in relation to inquiries made under section 4.) (c) Section 6 (The duty to have regard to the importance of providing advocacy services.) (d) Section 7-10 (Investigations by local authority pursuant to duty under section 4.) (e) Section 11 (The making of an application for an assessment order.) (f) Section 14 (The making of an application for a removal order.) (g) Section 16 (Council officer entitled to enter any place in order to move an adult at risk from that place in pursuance of a removal order) (h) Section 18 (The taking of steps to prevent loss or damage to property of a person moved in pursuance of a removal order.) (i) Section 22 (The making of an application for a banning order.) (j) Section 40 (The making of an application to the justice of the peace instead of the sheriff in urgent cases.) (k) Section 42 (The establishment of an Adult Protection Committee.) (l) Section 43 (The appointment of the convener and members of the Adult Protection Committee.) 20. Children’s Hearings (Scotland) Act 2011 (a) Section 35 (Child assessment orders.) (b) Section 37 (Child protection orders.) (c) Section 42 (Application for parental responsibilities and rights directions.) (d) Section 44 (Obligations of local authority where, by virtue of a child protection order, child is moved to a place of safety by a local authority.)
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(e) Section 48 (Application for variation or termination of a child protection order.) (f) Section 49 (Notice of an application for variation or termination of a child protection order.) (g) Section 60 (Duty of local authority to provide information to Principal Reporter.) (h) Section 131 (Duty of implementation authority to require review of a compulsory supervision order.) (i) Section 144 (Implementation of a compulsory supervision order: general duties of implementation authority.) (j) Section 145 (Duty of implementation authority where child required to reside in a certain lace.) (k) Section 153 (Secure accommodation.) (l) Sections 166-167 (Requirement imposed on a local authority: review and appeal.) (m) Section 180 (Sharing of information with panel members by local authority.) (n) Section 183-184 (Mutual assistance.) 21. Social Care (Self-directed Support) (Scotland) Act 2013 (a) Section 5 (The giving of the opportunity to choose a self-directed support option.) (b) Section 6 (The taking of steps to enable a person to make a choice of self- directed support option.) (c) Section 7 (The giving of the opportunity to choose a self-directed support option.) (d) Section 8 (Choice of options: children and family members.) (e) Section 9 (The provision of information.) (f) Section 10 (Provision of information: children under 16.) (g) Section 11 (Giving effect to the choice of self-directed support option.) (h) Section 12 (Review of the question of whether a person is ineligible to receive direct payments.) (i) Section 13 (Offering another opportunity to choose a self-directed support option.) (j) Section 16 (The recovery of sums where a direct payment has been made to a person and the circumstances set out in section 16(1)(b) apply.) (k) Section 19 (Promotion of the options for self-directed support.) 22. Carers (Scotland) Act 2016 (a) Section 6 (Duty to prepare adult carer support plan) (b) Section 21 (Duty to set local eligibility criteria for carer support) (c) Section 24 (Duty to provide support) (d) Section 25 (Provision of support to carers: breaks from caring) (e) Section 31 (Duty to prepare local carer strategy) (f) Section 34 (Information and advice service for carers) (g) Section 35 (Short breaks services statements) 23. Miscellaneous Exercise the foregoing functions of the Council in terms of the following legislation which relate to the services detailed in Part 1 hereof. • Local Government (Scotland) Act 1973 • Local Government (Scotland) etc Act 1994 • Local Government in Scotland 2003
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• Regulation of Care (Scotland) Act 2001 • Equality Act 2010 • Human Rights Act 1998 • UN Convention on the Rights of the Child • Children (Scotland) Act 1995 • Mental Health (Care and Treatment) (Scotland) Act 2003 • Adults with Incapacity (Scotland) Act 2000 • Children and Young People Act 2014 • Public Bodies (Joint Working) (Scotland) Act 2014 24. Appointment of: - (a) The Chief Officer of the Integration Joint Board in terms of section 10 of the Public Bodies (Joint Working) (Scotland) Act 2014. (b) The Chief Finance Officer of the Integration Joint Board appointed in terms of section 95 of the Local Government (Scotland) Act 1973.
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Document Control Summary:- Location: I:\Committee Services\Publications\02 Scheme of Administration Last Revised: Revised By Nature of Revision May 2022 AC Created for New Administration May 2023 AC Changes agreed by full Council on 17 May 2023: - Reduction in size of Cabinet - Clarification in respect of chairing arrangements for Ayrshire Shared Services Joint Committee - Some general rewording and reformatting September 2024 AC Annual Review with amendments to reflect new directorate structure. December 2024 AC Changes to reflect composition of the Council.
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Standing Orders Relating to Meetings and Proceedings of the Council and Committees Published by Committee Services North Ayrshire Council Cunninghame House, Irvine KA12 8EE Classification: Public
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Contents Page Part I Preliminary 1 Part II Standing Orders 2 1 First Meeting of Council after Elections 2 2 Ordinary Meetings of the Council 2 3 Special Meetings of the Council 3 4 Last Meeting of the Council prior to Election 3 5 Notice of Meetings 3 6 Provost and Depute Provost 4 7 Suspension of Members 5 8 Appointment and Removal of Members 6 9 Quorum 7 10 Order of Business 7 11 Declarations of Interest 9 12 Code of Conduct 10 13 Public Access to Meetings 10 14 Questions 11 15 Motions 13 16 Procedure Prior to Debate 16 17 Debate 17 18 Procedural Motions 18 19 Voting 18 20 Voting on Appointments of Members 20 21 Disclosure of Information 20 22 Appointment of Executive Directors 20 23 Suspension of Standing Orders 21 24 Variation and Revocation of Standing Orders 21 25 Rescinding/Reconsidering/Revocation of Previous Decision/Resolution 22 26 Decisions of Cabinet: Call-in Process 22 27 Discharge of Functions by Committees and Officers 23 28 Proceedings of Committees and Sub-Committees 24 29 Approval and Signing of Minutes 26 30 Petitions and Deputations 26
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31 Contract Standing Orders and Financial Regulations 26 32 Ultimate Power of The Council 27 33 Definitions 27 34 29 Appendix A Schedule 7A: Description of Exempt Information 29 Appendix B Guidance on Deputations and Petitions 31 Appendix C Procedure on Dealing with Requests to the Council 33 from Outside Bodies to Support Resolutions and Motions Appendix D Call-in Request Form 34 Appendix E Quick Guide for Dealing with Items of Business 35
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1 North Ayrshire Council Standing Orders Relating to Meetings and proceedings of the Council and Committees Part I Preliminary 1. These Standing Orders are made under Section 62 and Paragraph 8 of Schedule 7 of the Local Government (Scotland) Act 1973. With the exception of the North Ayrshire Integration Joint Board, the Ayrshire Shared Services Committee, the Ayrshire Economic Joint Committee and Sub- Committees thereof, the foregoing Standing Orders for meetings shall as far as applicable be the rules and regulations for the proceedings of Committees and Sub-Committees and therefore reference to the term ‘Council’ in the said Standing Orders should be interpreted accordingly. The North Ayrshire Integration Joint Board, the Ayrshire Shared Services Committee and Ayrshire Regional Economic Joint Committee and Sub Committees thereof have their own Standing Orders for meetings. The term ‘Provost’ shall also be deemed to include the Chair of any relevant Committee or Sub-Committee but only in relation to the proceedings of such Committees or Sub-Committees. 2. The Local Government (Scotland) Act 2003 permits the holding of and participation in remote meetings.
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2 Part II Standing Orders 1. First Meeting of the Council after Elections 1.1. The first meeting of North Ayrshire Council after an ordinary election of Councillors shall be held within twenty-one days from the date of the election. The Chief Executive will decide the date, time and venue/mode of this first meeting. The meeting may be held on a wholly remote basis by electronic means or alternatively whereby some Members attend in person and others take part via remote means (a “hybrid” meeting). 1.2. At the first meeting of the Council after an ordinary election of Councillors, the Returning Officer or the Chief Executive shall assume the Chair until the Provost is elected. The Council shall deal with the following business: i. To take the sederunt; ii. To note the election of Councillors and which Councillors have executed the Declaration of Acceptance of Office; iii. To elect the Provost of the Council; iv. To elect the Depute Provost of the Council; v. To elect the Leader of the Council; vi. To elect the Depute Leader of the Council vii. To agree the Scheme of Administration setting out the committee structure of the Council; viii. To appoint Members to any such Committees; ix. To appoint Members of the Licensing Board; x. To appoint representatives to outside bodies; xi. To approve Constitutional Documents, including Standing Orders for Meetings; xii. To agree the Timetable of Meetings; xiii. To approve Members’ Remuneration; xiv. To deal with any other business specified in the notice calling the first meeting of the Council. 2. Ordinary Meetings of the Council 2.1 Unless otherwise agreed by the Council, ordinary meetings of the Council shall be held in the Council Chamber, Cunninghame House, Irvine at 2pm on the Wednesday of the sixth week of each six-weekly cycle determined by the Council. Meetings will be held on the basis where some members are present in the Council Chamber and others can take part via remote means (a “hybrid” meeting), provided the technological solution can facilitate the meeting. If there is a large volume of business, or adverse weather conditions are expected, the Provost has power to change the start time to 1pm. Where it is deemed necessary, the Chief Executive, in consultation with the Provost, may also call for a meeting of the Council to take place on a wholly remote basis by electronic means where all Members take part via remote means provided the technological solution permits. In circumstances where the meeting takes place on a wholly remote or “hybrid” basis the agreed protocol for holding the meeting on that basis will be adhered to. The protocols for remote and hybrid meetings and webcasting of meetings are as agreed by the Chief Executive in consultation with the Provost, will be reviewed from time to time and notified to Members.
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3 2.2 No sound, film, video tape, digital or photographic recording of the proceedings of any meeting, shall be made without the prior approval of the Council, other than recording of the proceedings by the Council, either for webcasting or as a back-up for a live- webcast or as an alternative where live-webcasting is not possible. 2.3 Council meetings will be live webcast where possible in accordance with the webcasting protocol unless the exclusion of the public provisions apply. A decision not to live webcast a meeting for technical or other reasons does not affect the validity of the meeting provided the meeting is open to the public. 3. Special Meetings of the Council 3.1 Special meetings of the Council shall be convened under the following circumstances:- i. To set the Council’s annual capital and revenue budgets; ii. To determine Planning Applications in terms of the Town and Country Planning (Scotland) Act 1997 as amended, if required; iii. To consider any matter that requires to be determined at a Special Meeting of the Council in accordance with legislation; iv. At any time by decision of the Council; v. By written requisition of no less than seventeen Members of the Council, specifying the purpose of the business to be transacted; vi. To consider urgent items which cannot wait until the next scheduled meeting of the Council as determined by the Provost; 3.2 Upon receipt of a request for a Special meeting of the Council, the Provost shall be notified and in instances where the discretion of the Provost is required, determine if the request falls within the parameters for the calling of a special meeting. If the office of Provost is vacant, or if the Provost is unable to act for any reason, the Depute Provost of the Council may at any time call such a meeting. If the Offices of Provost and Depute Provost are both vacant or if neither the Provost nor the Depute Provost are able to act for any reason, the Leader of the Council, in consultation with the Leader of the Opposition may call such a meeting. In the event of these offices being vacant or otherwise unable to act, the Chief Executive may convene such a meeting. 3.3 The date, time and venue/mode of a Special meeting will be as determined by the Chief Executive but the meeting must be held within fourteen days of receipt of the requisition. The meeting may be held on a wholly remote basis by electronic means or alternatively whereby some Members attend in person and others take part via remote means (a ‘hybrid’ meeting). 4. Last Meeting of the Council prior to the Election 4.1 At the last meeting of Council prior to the local government election, no new business, motions or questions may be brought before the meeting. All Minutes of the previous meeting or meetings of the Council to be approved, shall be submitted for approval and signed by the Provost as a correct record. 5. Notice of Meetings and Cancellation of Meetings
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4 5.1 Public Notification Public notification of meetings shall be given by posting a notice at the Council Offices and on the Council’s website, at least three clear working days before the meeting. The notice of the meeting shall comprise: i. The date, time and place/mode of the meeting: and ii. The list of items of business to be transacted. No business shall be transacted at the meeting other than that specified in the notice of meeting with the exception of business which is legally required to be transacted at a meeting of the Council or any other business brought before the meeting as a matter of urgency in accordance with these standing orders. Notice to Councillors 5.2 Notice of meetings shall be given by the Chief Executive to all Councillors in accordance with the provisions of the 1973 Act as amended, by posting, delivering or sending by electronic means the following: i. The date, time and place/mode of the meeting; and ii. The list of items of business to be transacted. 5.3 The validity of any meeting of the Council shall not be affected by the failure of any Member to receive notice of a meeting. Cancellation of Meetings 5.4 The Chief Executive may cancel any scheduled meeting for exceptional reasons (for example severe weather conditions) as are thought to be appropriate in consultation with the Provost, Leader of the Council and Leader of the Opposition. Cancellation will be intimated as soon as possible by email to Councillors and on the Council’s website and the meeting will be re-scheduled. 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. 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.
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5 6.5 The appointment of Provost and Depute Provost will be for the term or remainder of the term of office of the Council unless otherwise provided by statute or by motion approved by Council to remove the Provost/Depute Provost. A motion to remove the Provost or Depute Provost will be intimated in writing in accordance with these Standing Orders. Such motion requires to be approved by seventeen Members of the Council present and voting at the Council meeting in order to be carried. The Council may proceed immediately to fill any resultant vacancies. Duties and Powers of Provost/Depute Provost 6.6 At a meeting of the Council, the Provost or in their absence the Depute Provost, whom failing such other Member as the meeting may decide, shall preside, whether in person or through remote access. 6.7 Respect will at all times be paid to the authority of the Provost or the Depute Provost, or such other Member presiding, when chairing any meeting of the Council. 6.8 It shall be the duty of the Provost to: i. Preserve order and ensure fairness in debate; ii. Decide all matters of order, competency and relevancy; iii. Ensure that Standing Orders are observed; iv. Determine any questions of procedure for which no express provision has been made in these Standing Orders; v. Maintain order and at their discretion, order the exclusion of any member of the public who is deemed to have caused disorder or misbehaved; vi. Adjourn a meeting in the event of disorder arising to a time, which the Provost may then or afterwards, fix (the quitting of the Chair by the Provost shall be the signal that the meeting is adjourned). In the event the Provost quits the Chair without disorder having arisen, the meeting shall not be adjourned and the Depute Provost or in their absence another Member of the Council chosen by those Members present shall assume the Chair; and vii. Decide whether to have a recess during a meeting. 6.9 The decision of the Provost on all matters within their powers shall be final and shall not be open to question or discussion. 7. Suspension of Members 7.1 In the event of any Member disregarding the authority of the Provost or obstructing the meeting or conducting him/herself offensively, acting disrespectfully or in contravention of Standing Order 12.1 and the Provost calling attention to the same, the Council may, on the motion of any Member, (duly seconded and supported by the vote of a majority of the Members present and voting), suspend such Member for the remainder of the sitting. No debate will be allowed on such a motion. The Member concerned shall forthwith leave the Council Chamber, meeting place or remote meeting platform. The Provost may be entitled to call for such assistance as they deem necessary to enforce a decision to suspend any such Member taken in terms of these Standing Orders.
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6 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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7 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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8 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) The third Opposition group (based on numbers of councillors elected) and thereafter any further Opposition groups (in order of number of councillors elected) will have the opportunity to propose any Amendment; g) Independent Members (if a formal group is formed) will have the opportunity to propose any Amendment; h) 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; i) Questions of clarification to those moving a motion or amendment or to officers about the report will be taken; j) If there is no amendment, the motion will be carried; k) If there is an amendment, and prior to going into debate, the Provost will call a recess; l) After recess the Provost will check if there are any changes to the Administration motion and the amendments, or whether there are any further amendments. To avoid confusion, motions and amendments retain their original order; namely Administration Motion, Main Opposition amendment, Second Opposition amendment, Independent amendment and other amendments; m) Questions of clarification on any amended motions or amendments will be permitted; n) Debate; o) Summing Up; p) Vote (s). 10.4 With the exception of a motion or amendment lodged under Standing Order 15.1, 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
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9 agreement of all Members present. 10.5 The Provost at any meetings of the Council may alter the order of business to facilitate the conduct of the meeting. 10.6 A period of 45 minutes (excluding any period of recess) will be permitted to consider individual agenda items, with the exception of the budget, question time allotted for questions lodged in terms of Standing Order 14.2 and quasi-judicial items including time for any questions to officers, proposing and seconding motions and amendments, debate and summing up unless the Provost at their sole discretion determines otherwise and allows a longer period for consideration. 10.7 Subject to the right of any Member to move to close the debate earlier in accordance with Standing Order 16.2, the Provost may call for a vote on the agenda item, after 45 minutes has elapsed, subject to the right of the mover of any motion or amendment(s) to sum up prior to the matter being put to the vote. Urgent Items 10.8 At all ordinary, special and statutory meetings of the Council, no business other than that on the agenda shall be discussed in terms of Section 50B of the 1973 Act except whereby reason of special circumstances which shall be specified in the Minutes, the Provost is of the opinion that the item should be considered at the meeting as a matter of urgency. The test for urgency is whether the matter could wait to a subsequent meeting. Any request for urgent business must be intimated to the Provost no later than two hours prior to the meeting. The Provost will advise Council of the general terms of the request and thereafter advise whether the item is to be considered, and if so, at what stage during the meeting. Declaration of Party Whip 10.9 When a Party Group represented on the Council has applied the party whip binding party Members to adhere to their decision on an item of business before the Council, a declaration to this effect must be made by the Leader or Depute Leader of that Party, whom failing a Member of that party at the commencement of the meeting whether or not they are called upon to do so. Provost and Leader’s reports 10.10 The reports by the Provost and Leader shall be heard by the Council as matters of information and shall not be subject to questions, debate or motions. 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
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10 all the relevant facts, would reasonably regard the interest as so insignificant that it would be unlikely to prejudice the Councillors’ discussion or decision making. 11.2 Where a Member declares an interest and leaves the meeting or remote meeting platform (as applicable) the facts will be recorded in the minutes of the meeting. 12. Code of Conduct 12.1 All Members of the Council are accountable for their own individual conduct and must observe the Code of Conduct for Councillors and any guidance issued by the Standards Commission for Scotland, the law and the terms of the Council’s Standing Orders. In addition to the foregoing generality, the following standards of behaviour at meetings of the Council and its Committees must be observed: 12.2 Members must respect and behave courteously to the Provost, Member colleagues, Council employees and any members of the public present at meetings or other formal proceedings of the Council. 12.3 Members shall conduct themselves in an orderly, courteous and respectful manner and comply with the rulings of the Provost and otherwise respect the authority of the Provost. This includes rulings on the proper and timely conduct of meetings, the acceptability of conduct and language used, and the fairness and sufficiency of the debate. When the Provost speaks, any Member who is addressing the meeting will stop speaking immediately. No members will speak until the Provost has finished speaking. 12.4 When a Member is addressing the meeting, other Members shall not converse or otherwise behave in a manner which is disruptive to the Member speaking or to the meeting. Abusive or offensive language shall not be acceptable and Councillors shall have regard at all times to the requirements of the equalities legislation. Members must wait to be invited by the Provost to speak at any meeting. 12.5 All phones should be switched off or on silent and Members should not correspond, whether by email, text, or any other electronic means with any other Member or other person during a Council Meeting (except as required for the conduct of any non- regulatory meeting and providing this is done in a manner which respects the authority of the Provost). The use of social media is prohibited during the conduct of all Council meetings. Research through the internet is permitted providing it is done in a manner which respects the authority of the Provost and does not interfere with the business of the meeting. Such restrictions shall not preclude participation in a meeting which takes place over a remote meeting platform. 13. Public Access to Meetings 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
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11 information would be disclosed in breach of an obligation of confidence. The categories of exemption, which may apply under Schedule 7 (A) of the 1973 Act, are set out in Appendix A of Standing Orders. 13.3 These provisions shall be without prejudice to the Provost’s powers of exclusion in order to suppress or prevent disorderly conduct or other misbehaviour at a meeting as detailed in Standing Order 6.8 hereof. 14. Questions Questions submitted in advance of a meeting 14.1 Any Member may ask a question at any meeting of the Council concerning any relevant and competent business not arising upon the agenda provided the terms of the question have been intimated in writing and delivered or e-mailed to the Chief Executive not later than 2.00pm on the Monday of the week preceding the meeting. The question as tabled should not include supplementary or contextual text or preamble other than is directly related to and necessary to assist in understanding the question. With the exception of questions to which a political response is sought, written responses to the questions tabled will be issued immediately prior to the meeting and uploaded to the Council’s website. Political responses to questions will be uploaded after the meeting. 14.2 The agenda of the Council meeting will allow a period of 60 minutes (excluding any period of recess) to consider and respond to questions submitted by Members in advance of the meeting unless the Provost at their sole discretion determines otherwise and allows a longer period for consideration. In the event that all questions tabled are not transacted within the allocated time, the questions as tabled and written answers as intimated immediately prior to the commencement of the meeting will be included in the Minute of the Meeting. In respect of political questions tabled and not answered orally during the allotted time period, a written response, as approved by the Provost in consultation with the Chief Executive and Solicitor to the Council for legal purposes, will be provided within 24 hours of the meeting ending and included in the Minute of the meeting. 14.3 The process for selecting the order of questions for the agenda is as follows: • Questions received are divided into lots: o Lot one – main Opposition; o Lot two – second Opposition; o Lot three – third Opposition; o Lot four – Independent Members and Opposition Parties with fewer than 2 members and o Lot five – the Administration. • Questions will be put into each lot, by list, in the order received by the Chief Executive, unless all Members of the relevant group have given prior written agreement to the Chief Executive, that the order in which questions are listed in the lot for allocation can be specified by the leader of that group;
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12 • 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. • If further Opposition groups are formed during the course of the Administration, they will be added to the Lot system in order of number of councillors in the respective group. 14.4 The Member asking the question at the Council meeting may read out the question with the contextual preamble tabled. No further preamble shall be permitted. The time for delivery of each question tabled to Council for response shall not exceed 2 minutes. Responses to questions should also be delivered within 2 minutes but may also be taken “as read” in the event that the Member asking the question so agrees. The Provost may at 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
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13 of competency, the Solicitor to the Council shall immediately submit such notice of question to the Provost and it shall not be accepted and placed on the agenda without their sanction. In the event of non-acceptance, the Solicitor to the Council shall so inform the Member who submitted the notice of question who will accept the decision of the Provost as final. Questions relating to items of business on an Agenda 14.8 As Members have the opportunity to submit Congratulatory Motions in terms of Standing Order 15.3, 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
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14 has been given unless the motion has been withdrawn by both the original mover and the seconder in accordance with Standing Order 16.5. For amendments proposed in relation to motions lodged under this Standing Order, notice of amendment from the proposer and seconder should be emailed to the Chief Executive not later than 2pm on the Monday prior to the Council meeting and after having been checked for competency, will be circulated to Members in advance of the meeting. Notwithstanding the requirement for amendments to motions lodged under this Standing to be notified in advance and without prejudice to standing order 16.7, it will be competent to propose further amendments at the Council meeting following the questioning of the proposer of either the substantive motion or any previously notified amendment as outlined in this clause. Notwithstanding that a motion has been placed on the agenda and no notice of amendment has been lodged, it is competent for questions to be asked of the mover of that motion prior to the motion being approved and if appropriate, an amendment can be lodged to that motion on the undernoted basis. Amendments to motions or amendments lodged by Members in terms of this clause and made during the meeting must: • directly relate to the issues raised during questioning or • directly relate to matters contained within amendments previously notified. All such amendments will be restricted to the same parameters of relevance, outcomes and timescales in accordance with the notification requirements of this standing order. 15.2 Except as otherwise provided in these standing orders, it shall also be competent for any Member to propose a motion or amendment relating to any item of business on the agenda of a meeting, providing such motion or amendment is directly relevant to the item under consideration. 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;
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15 vii. Likely to result in a reduction of income, the compensatory source for the income lost not having been identified; viii. Proposing use of the Council’s reserves as a source of funding for the purpose of the motion or amendment without the prior advice and agreement on competence from the Chief Financial Officer having been obtained; ix. Proposing use of the Council’s reserves as a source of funding for the purpose of the motion or amendment where this would result in the Council’s reserves dropping below the minimum threshold; x. Required to be assessed for equalities impact; xi. Imprecise as to outcome; xii. Received during pre-election periods and relates or could relate to political parties, candidate(s) or campaign matters in the election or referendum concerned. 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. 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
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16 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. 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.
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17 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. 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: -
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18 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. 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
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19 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. 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
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20 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. 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.
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21 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. 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.
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22 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. 26.4 The Audit and Scrutiny Committee shall invite at least one of the Members who has requested the call-in to attend the Committee to explain the request. The Committee will also invite a representative from the Cabinet to present their views on the call-in request and thereafter invite any senior officer to provide information on the report presented to the Cabinet and on issues raised by the call-in. Except with the consent of the Chair, Members requesting the call-in will not speak for more than ten minutes in total, and the Cabinet representative will not speak for more than 10 minutes. After conclusion of the call-in submissions and questions from Members, the call-in group (one person speaking), Member and Officer will be entitled to sum up for a period not exceeding 5 minutes. If none of the Members who have made the call-in reference attend the Audit and Scrutiny Committee the Committee may determine not to scrutinise the decision. 26.5 No member of the Audit and Scrutiny Committee who has signed a call-in request may take part in consideration of the call-in request. 26.6 Where the Audit and Scrutiny Committee does not agree on a majority vote with the decision of the Cabinet the matter will be referred to the next meeting of the Cabinet. The Audit and Scrutiny Committee will determine recommendations for alternative action for the Cabinet. The Chair or another Member of the Audit and Scrutiny Committee nominated by the Chair will have the right to attend the Cabinet and speak in support of its recommendation on that matter. 26.7 The Cabinet will at its next meeting consider the recommendation from the Audit and Scrutiny Committee and shall either agree to the recommendation or refer the matter to the next meeting of the full Council. 26.8 In the event of the matter being referred to the full Council, the decision of the full Council shall be final and binding.
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23 27. Discharge of Functions by Committees and Officers Scheme of Administration for Committees 27.1 The Council may arrange for the discharge of its functions by a Committee or Sub-Committee and will adopt a Scheme of Administration to (a) detail the constitution of the Committees and/or Sub-Committees of the Council (including composition, Chair, and quorum); and (b) determine the terms of reference of the Committees and Sub- Committees and the scope of their powers to exercise functions of the Council. 27.2 The Scheme of Administration will establish a Cabinet (which will also act as an Education Committee as required), Audit and Scrutiny Committee and such other Committees or Sub-Committees as the Council may from time to time determine. 27.3 In the event that any Group does not appoint to any committee the number of Councillors they are entitled to appoint within 12 weeks of the vacancy arising, Council may at its next meeting appoint any other Member of the Council to fill such a vacancy or vacancies. Working Groups and Advisory Panels 27.4 The Council and its Committees may establish any working group and advisory panels as may be required from time to time, but each working group will have a limited time span as may be determined by Council or the parent Committee. 27.5 The membership, Chair and quorum of working groups will be determined by Council or the parent Committee, which membership will comprise Elected Members and, where appropriate, officers from this Council and/or representatives from community groups/partner agencies. 27.6 A working group is not a Committee or Sub-Committee of the Council and will not have any delegated powers to implement its findings but will prepare a report for consideration by Cabinet or the parent Committee. 27.7 Agendas and Reports for consideration at Working Groups will be issued by electronic means to all members no later than two Clear Working days prior to the start of the meeting. Scheme of Delegation to Officers 27.8 Subject to Section 50G (2)(b) of the 1973 Act, the Council shall maintain a list specifying those powers of the authority which are exercisable from time to time by officers of the authority under the 1973 Act or any enactment and this list will state the title of the officer by whom each of the powers so specified is for the time being so exercisable. 28. Proceedings of Committees and Sub-Committees 28.1 The business of Committees or Sub-Committees will be conducted as follows: - i. The business of the Committee or Sub-Committee will be conducted in accordance with the provisions of Standing Orders and any statutory or
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24 regulatory provisions in respect of such business. ii. Such business will proceed primarily on the basis of reports submitted by Officers or referrals by Council, other Committees or other relevant bodies. iii. Notwithstanding the foregoing, Council may, if it considers it appropriate for the proper conduct of the business of the Council, instruct a report on, or consider any matter as it is referred to in the remits of any Committee or Sub Committee. In relation to functions delegated to North Ayrshire Integration Joint Board, Council will not make decisions, but may make recommendation to the Board. iv. The Ordinary Meetings of Committees (excepting the North Ayrshire Integration Joint Board, the Ayrshire Shared Services Committee and Ayrshire Regional Economic Joint Committees and any sub-committees thereof) will commence at times as may be determined by the Council and will meet according to a timetable determined by the Council from time to time. Without prejudice to the foregoing, the Chair of a Committee of Sub-Committee will have power where the circular calling the meeting has not been issued, to rearrange the date, time and place of a Committee or Sub-Committees in cases of urgency, subject to obtaining the agreement of the Council Leader and the Leader of the Opposition. The date, commencement time and timetable of meetings of North Ayrshire Integration Joint Board and any of its sub-committees will be determined by North Ayrshire Integration Joint Board. The date, commencement time and timetable of meetings of the Ayrshire Shared Services Committee, the Ayrshire Regional Economic Joint Committees and any sub-committees thereof will be determined by whichever of the Councils then holds the Chair. v. A Chair of a Committee or Sub-Committee may at any time give instructions for the calling of a special meeting, but the notice will state the special purpose for which it is called. Such meeting will be held at the time, date and venue/mode as determined by the Chief Executive. This may include a meeting on a wholly remote basis by electronic means or in circumstances whereby some Members attend the Council Chambers and other take part via remote means. 28.2 The exercise of delegated authority by a Committee or Sub-Committee is subject to the following: i. The exercise of powers is discretionary, and a Committee or Sub-Committee may determine not to exercise its delegated powers. ii. The consideration of all Committee business which has not been completed before the meeting is brought to an end shall be postponed to the next meeting of the Committee, whether Ordinary or Special. iii. Committees and Sub-Committees shall appoint their own Chair or Vice-Chair if Council has failed to do so. In the absence of the Chair or Vice-Chair the Committee will be required to elect a member from those present to chair the meeting. The Convener of any Sub-Committee must be a member of the parent Committee. iv. In the event that an issue arises which falls within the remit of more than one Committee, the Chairs of said Committees will determine which Committee shall deal with the issue. v. There will be no temporary substitution of Members of Committees and Sub- Committees unless specific provision is made for the temporary substitution of Members of a particular Committee or Sub-Committee within these Standing Orders or in any relevant Minute of Agreement, Constitution or similar
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25 document. 28.3 Planning Committee Call-In i. In terms of Section 43(6)A of the Town and Country Planning (Scotland) Act 1997, three or more Elected Members can refer an application which would otherwise be determined by an officer under the Council’s Scheme of Delegation to Officers, for determination by the Planning Committee. Any such request must be signed by three Elected Members and delivered to the Chief Executive, or submitted electronically, via an individual email to the Chief Executive from each of the three Elected Members in question. Such requisition must be received no later than 12 noon on the twenty first calendar day (all days inclusive) following validation of the application. Such requisition must state the reasons for the call-in, which must relate to the provisions of the Local Development Plan and any material planning considerations which are relevant to the application. The reasons will be shared with the applicant. ii. On receipt of such a call-in, the Chief Executive will consult with the Chair of the Planning Committee and if the Chief Executive is satisfied that the call-in complies with the terms of Standing Order 28.3.i, the application shall be referred to the Planning Committee for determination of the application. No Member of the Planning Committee who has signed a call-in request may take part in consideration of the call-in request. iii. At least one of the Members who has requested the call in will be asked to attend the Planning Committee to explain the request. The Committee may either agree to determine the application at a future committee or decide not to determine the application, leaving officers to determine the application under delegated powers. 29. Approval and Signing of Minutes 29.1 Minutes of Meetings of Committees with delegated powers shall be submitted to the next meeting of that Committee for approval of their accuracy and thereafter signed by the Chair of that Committee. Subject to the provisions of 26.1, Officers may implement any decision made within the delegated powers of such Committees immediately after the meeting. 29.2 Minutes of Meetings of Committees, which do not have delegated powers, will be submitted to Council or Cabinet as appropriate for approval of the decisions contained therein and to the next meeting of that Committee for approval of their accuracy. Following approval of such minutes (excepting Cabinet, the decision of which cannot be implemented until the expiry of the periods mentioned in Standing Order 26) Officers will be able to implement any decisions contained within the Minutes. 29.3 Where Minutes are submitted for approval of their accuracy, there shall be no discussion of the Minutes, except upon their accuracy and any question on their accuracy shall be raised by amendment to the motion to approve the Minutes. The amendment to the Minutes will require to be intimated to the Chief Executive by 12 noon on the day preceding the meeting. The Provost will submit the Minutes for 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
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26 discussion on the motion or the amendment and the matter to approve or amend will immediately be put to the vote. 30. Petitions and Deputations 30.1 Every application for the reception of a deputation to the Planning or Licensing Committees or petition to the Audit and Scrutiny Committee must be in writing and delivered, or e-mailed to the Chief Executive no later than 5.00 p.m. on the Tenth Clear Working Day prior to the meeting. 30.2 Procedures for receiving petitions and deputations shall be as set down in Appendix B to these Standing Orders. No petition or deputation shall be received by the Committee in relation to any regulatory or quasi-judicial function of the Council where the opportunity of a hearing or deputation has previously been afforded to any person. No late petition or deputation request shall be received except in accordance with Standing Order 10.8. 31. Contract Standing Orders and Financial Regulations 31.1 The Council may make Contract Standing Orders and Financial Regulations for the regulation or making by it, or on its behalf of contracts and for the proper planning, execution and control of its financial affairs. Such Standing Orders and Regulations will form part of these Standing Orders and will be read with them along with any Scheme of Delegation to Officers made by the Council. 31.2 Contract Standing Orders and Financial Regulations made by the Council in terms of this Standing Order will apply to Committees, Members of the Council, Officers and agents of the Council as appropriate. 31.3 The Scheme of Administration, Scheme of Delegation, Financial Regulations and Contract Standing Orders will have the same standing as Standing Orders and can only be amended in the same manner as Standing Orders. 32. Ultimate Power of the Council 32.1 Without prejudice to any decision taken by a Committee in exercise of delegated powers, the Council may at any time deal with any matter included in the terms of reference of a Committee even if no report from Committee is before it. 33. Definitions 33.1 In these Standing Orders the following words and phrases will have the following meanings respectively ascribed to them: - i. “Provost” or “Chair” will mean the person appointed to Chair the Council, Committee or Sub-Committee: ii. “Depute-Provost” or “Vice- Chair” will mean the person appointed to Chair the Council, Committee or Sub Committee in the absence of the Provost or Chair; iii. “Cabinet Portfolio Holder” will mean the Member who has been given responsibility for a group of services. The postholder will be a Senior Councillor and will receive appropriate remuneration in terms of the Scheme of Allowances;
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27 iv. “Chief Executive” will mean the Head of Paid Service of the Council as defined in terms of the Local Government and Housing Act 1989 s4(1)(a) or such other person as may be nominated by them; v. The “Chief Financial Officer” will mean the proper officer so designated by the Council in terms of the Local Government (Scotland) Act 1973 s.95 or such other qualified accountant as may be nominated by them; vi. “Clear Working Days” will unless otherwise specified, mean the whole 24-hour period of a day, Monday to Saturday inclusive, including public holidays. vii. The “Council” will mean The North Ayrshire Council being a Local Authority constituted under the Local Government Etc. (Scotland) Act 1994; viii. A “Decision of Council” will be deemed to have been made where any of the following circumstances occur: - i. A motion or amendment in accordance with the provisions of these Standing Orders, has been passed by the necessary majority at Council, Committee or Sub-Committee. ii. The exercise by the appropriate officer of any power delegated to them either by reason of another Decision of Council or in terms of the Scheme of Delegation. iii. The exercise by the Chief Executive of the discretion available to them. iv. Such Decision of Council will be deemed to include any necessary actions required to give effect to such decision. v. Where a Decision of Council is subsequently found to be incapable of implementation because of a defect or a new supervening factor, then subject to the confirmation of the Chief Executive upon advice taken, the Decision of Council may be given effect to with the removal of such defective element, or its replacement with a suitable and in all respect compatible element, provided always that the likely outcome of the resultant Decision of Council is materially the same or sufficiently similar to the original decision. In such circumstances the Chief Executive will be obliged to report such change to the next appropriate meeting of the Council, and any decision on such report will not require the suspension of Standing Orders. ix. “Elected Members” and “Member” will mean, except where the expression will otherwise so require, a Councillor of the Council only, as the word “Councillor” is defined by reference to the Local Government Etc. (Scotland) Act 1994 s5; x. “Hybrid Meeting” is a meeting where some Members attend in person and others take part via the remote online meeting platform. Voice access by telephone is not part of the accepted method of joining a remote meeting. xi. “Party” will mean any grouping of two or more Members, previously intimated to the Chief Executive; xii. “Present and voting” or “present and vote” shall mean Members casting an affirmative or negative vote. Members who abstain from voting are considered as not voting; xiii. “Question of clarification” means a question where an explanation of the terms, meaning or expected outcome of a report, motion or amendment is sought. Examples of questions of clarification include: • a question seeking to aid understanding of the meaning of the terms of a motion or amendment; • a question seeking clarity of the intended outcome of a motion or its impacts;
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28 • 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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29 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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30 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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31 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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32 2.5 If 10 or more letters are received on one specific issue, these will be treated in the same way as petitions. If the individual leading the letter writing campaign can be identified, that person will be treated as the principal petitioner and the same procedures will apply as for petitions generally. 3 Determination 3.1 When an application for a deputation/petition is received the Chair of the Audit and Scrutiny Committee will be advised of the issues raised and will decide whether the matter should be dealt with at the next Committee meeting. 3.2 If your request for a deputation or to submit a petition is refused, the reasons for this will be notified to you. 3.3 If your application is approved, you will be invited to attend the Committee meeting. As many Members of your group as wish may attend the meeting, but the number of persons allowed to address the Committee will be limited to a maximum of 3. You will also be asked to identify the principal spokesperson beforehand. 3.4 If during a pandemic or public health emergency, the public are to be excluded from a meeting of a local authority whenever it is likely that, if members of the public were present, there would be a real and substantial risk to public health due to infection or contamination with coronavirus, then paragraphs 3.3 and 4 will not apply, and you will be invited to submit written submissions for the consideration of the Committee. 4 Addressing the Committee 4.1 You should remain seated at all times during the meeting, until the spokespersons are invited to speak by the Chair.You will be limited to ten minutes in total to present your case to the meeting. Once you have addressed the meeting, the Members present will be invited to put questions to you. Appropriate Members or officers of the Committee may also be invited to speak and to receive questions. If the officers are presenting a written report, you will be given a copy, if possible, in advance of the meeting. After conclusion of the petition submissions and questions from Members, the petitioners (one person speaking), Member and Officer will be entitled to sum up for a period not exceeding 5 minutes. 4.2 The Committee will then take a decision on the matter before it, if appropriate, or if it relates to an item elsewhere on the agenda of the meeting may wait until they reach that item before taking a decision. Once you have heard the decision you are free to leave but are welcome to stay to listen to the rest of the meeting if you so wish. 4.3 If nobody addresses the Committee in support of the petition, the Committee will still consider the item, having regard to the papers on the agenda. 5 Deputations and Petitions Relating to Planning Applications 5.1 The Council has approved separate procedures which apply to requests by objectors to planning applications who are seeking authority for a deputation to address the Planning Committee in support of their objections.
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33 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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34 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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35 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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36 Document Control Summary:- Location: I:\Committee Services\Publications\01 Standing Orders Last Revised: Revised By Nature of Revision May 2022 AC Created for New Administration May 2023 AC Amendments approved by full Council on 17 May 2023 as part of the annual review of Governance documents. September 2024 AC Amendments approved by full Council September 2024 as part of the annual review of governance documents. December 2024 AC Changes to reflect composition of the Council