Community Council Quadrennial Elections
North Lanarkshire Council · 24 April 2023
Back to Communities Committee — 24 April 2023 and its agenda
Text extracted from the council's PDF. Layout and reading order may differ from the original.
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North Lanarkshire Council Report Communities Committee Does this report require to be approved? ☒ Yes ☐ No Ref AA/CJ Date 24/04/23 Community Council Quadrennial Elections From Archie Aitken, Chief Officer (Legal and Democratic) E-mail AitkenA@northlan.gov.uk Telephone 01698 302295 1. Background 1.1 The Local Government (Scotland) Act 1973 requires local authorities to set schemes for the establishment of Community Councils in their area outlining various arrangements including a framework for the formation of Community Councils’ meetings, boundaries, and administration. It also sets out the statutory process and associated timescales for the Quadrennial Elections. 1.2 At a meeting of the Council in March 2011 the Council adopted the North Lanarkshire Council Scheme for Community Councils. 1.3 The Scheme outlines the regulation of Community Councils and Community Councillors, specifies areas where Community Councils are to be established, provides details as to composition of membership, outlines the arrangements for the ordinary election of Community Council members (including the co-option of members to Councils), specifies arrangements for AGMs and EGMs and makes a number of other general provisions as to their establishment, finance and dissolution. Executive Summary This report advises of the proposed arrangements for the Community Council Quadrennial Elections in terms of the North Lanarkshire Council Scheme for Community Councils. Recommendations The Committee is recommended to approve that the date, when Community Council members will be requested to stand down, be set for Monday, 9 October 2023. The Plan for North Lanarkshire Priority Enhance participation, capacity, and empowerment across our communities Ambition statement (19) Improve engagement with communities and develop their capacity to help themselves
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1.4 The Council has also approved a Code of Conduct for Community Councillors and a Model Constitution and Standing Orders for the conduct of Community Council meetings. 1.5 In addition, a complaints Procedure was developed and approved by the Council on 18 September 2019. 2. Report Arrangements for Community Council Quadrennial Elections 2.1 In terms of the Scheme, Community Council members are required to stand down every four years, with the right to be nominated for a further term of office. 2.2 The Council’s Returning Officer is required to make the necessary arrangements for the re-constitution of Community Councils and, where necessary, to make arrangements for elections where the number of nominations received exceeds the number of vacancies for members on the Community Councils. 2.3 In this regard, a date requires to be identified when Community Council Members will stand down, in terms of the Local Government (Scotland) Act 1973, to enable the re- constitution process for Community Councils to be initiated. 2.4 It is proposed that the date on which Community Council members shall stand down will be Monday, 9 October 2023 at 11:59pm. 2.5 If the requisite number of valid nomination forms in terms of the Scheme are received from a Community Council, that Community Council will continue to operate as from Tuesday, 10 October 2023. Where the number of validly submitted nominations exceeds the number of directly elected vacancies on a Community Council, it will be necessary to organise an election, and polling, by way of secret ballot, will take place locally. The nomination period will commence from 14 August and conclude on 4 September 2023. If an election is required to be scheduled this will take place on 12 October 2023. 2.6 If, however, insufficient nominations are received for any Community Council, that Community Council will cease to operate from 10 October 2023 and, in order to re- establish that Community Council, it will be necessary that a petition seeking re- establishment be lodged with the Council in terms of its Scheme for Community Councils. 2.7 Prior to 9 October 2023, letters will be issued to Community Councils providing further details of the process for the nomination of candidates and, if necessary, elections together with other relevant information. 2.8 Formal notice of the Establishment of Community Councils will be placed in all local newspapers, within public libraries and published on the Council’s website.
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3. Measures of success 3.1 To undertake the arrangements for the Community Council Quadrennial Elections in terms of the North Lanarkshire Council Scheme for Community Councils. 4. Supporting documentation N/A Archie Aitken Chief Officer (Legal and Democratic)
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5. Impacts ( http://connect/report-template-guidance ) 5.1 Public Sector Equality Duty and Fairer Scotland Duty Does the report contain information that has an impact as a result of the Public Sector Equality Duty and/or Fairer Scotland Duty? Yes ☐ No ☒ If Yes, please provide a brief summary of the impact? If Yes, has an assessment been carried out and published on the council’s website? https://www.northlanarkshire.gov.uk/your-community/equalities/equality- and-fairer-scotland-duty-impact-assessments Yes ☐ No ☐ 5.2 Financial impact Does the report contain any financial impacts? Yes ☒ No ☐ If Yes, have all relevant financial impacts have been discussed and agreed with Finance? Yes ☐ No ☐ If Yes, please provide a brief summary of the impact? Financial impact will be minimal, cost implications in respect of the publication of Notice of Review and in the event of an election being held following the Quadrennial election. 5.3 HR policy impact Does the report contain any HR policy or procedure impacts? Yes ☐ No ☒ If Yes, have all relevant HR impacts have been discussed and agreed with People Resources? Yes ☐ No ☐ If Yes, please provide a brief summary of the impact? 5.4 Legal impact Does the report contain any legal impacts (such as general legal matters, statutory considerations (including employment law considerations), or new legislation)? Yes ☒ No ☐ If Yes, have all relevant legal impacts have been discussed and agreed with Legal and Democratic? Yes ☒ No ☐ If Yes, please provide a brief summary of the impact? To meet the statutory requirements of the Local Government Scotland Act 1973 5.5 Data protection impact Does the report / project / practice contain or involve the processing of personal data? Yes ☒ No ☐ If Yes, is the processing of this personal data likely to result in a high risk to the data subject? Yes ☐ No ☒ If Yes, has a Data Protection Impact Assessment (DPIA) been carried out and e- mailed to dataprotection@northlan.gov.uk Yes ☐ No ☐
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5.6 Technology / Digital impact Does the report contain information that has an impact on either technology, digital transformation, service redesign / business change processes, data management, or connectivity / broadband / Wi-Fi? Yes ☐ No ☒ If Yes, please provide a brief summary of the impact? Where the impact identifies a requirement for significant technology change, has an assessment been carried out (or is scheduled to be carried out) by the Enterprise Architecture Governance Group (EAGG)? Yes ☐ No ☐ 5.7 Environmental / Carbon impact Does the report / project / practice contain information that has an impact on any environmental or carbon matters? Yes ☐ No ☒ If Yes, please provide a brief summary of the impact? 5.8 Communications impact Does the report contain any information that has an impact on the council’s communications activities? Yes ☐ No ☒ If Yes, please provide a brief summary of the impact? 5.9 Risk impact Is there a risk impact? Yes ☐ No ☒ If Yes, please provide a brief summary of the key risks and potential impacts, highlighting where the risk(s) are assessed and recorded (e.g. Corporate or Service or Project Risk Registers), and how they are managed? 5.10 Armed Forces Covenant Duty Does the report require to take due regard of the Armed Forces Covenant Duty (i.e. does it relate to healthcare, housing, or education services for in-Service or ex- Service personnel, or their families, or widow(er)s)? Yes ☐ No ☒ If Yes, please provide a brief summary of the provision which has been made to ensure there has been appropriate consideration of the particular needs of the Armed Forces community to make sure that they do not face disadvantage compared to other citizens in the provision of public services.