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Agenda Document Pack - Council - 21/12/2023

North Lanarkshire Council · 21 December 2023
Back to Council — 21 December 2023 and its agenda

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Page 1

12 December 2023
Members of the
Council
Chief Executive’s Office
Archie Aitken
Chief Officer (Legal & Democratic)
Civic Centre, Windmillhill Street,
Motherwell ML1 1AB
www.northlanarkshire.gov.uk
Notice is given that a Meeting of the Council is to be held in the Council Chamber, Civic
Centre, Windmillhill Street, Motherwell, ML1 1AB on Thursday, 21 December 2023 at 16:00
PM which you are requested to attend.
The agenda of business is attached.
Des Murray
Chief Executive
Members :
Clerk Name: Mark Hamill
Clerk Telephone: 07811294702
Clerk Email: hamillm@northlan.gov.uk
D Ashraf, A Ballinger, C Barclay, B Baudo, A Beveridge, M Boyd, H Brannan-McVey, G
Brennan, B Burgess, A Bustard, J Cairns, A Campbell, T Carragher, C Costello, M Coyle, S
Coyle, D Crichton, G Currie, P Di Mascio, K Docherty, K Duffy, A Duffy-Lawson, H Dunbar,
T Fisher, F Fotheringham, W Goldie, K Harmon, M Hughes, J Hume, L Jarvie, D Johnston,
T Johnston, J Jones, P Kelly, J Keltie, A Khan, K Larson, J Leckie, G Lennon, J Logue, H
Loughran, F MacGregor, A Masterton, M McBride, B McCluskey, A McCrory, B McCulloch,
M McCulloch, P McDade, F McKay, R McKendrick, J McLaren, C McManus, F McNally, M
McPake, J McPhilemy, A McVey, L Mitchell, L Nolan, P Patton, J Reddin, L Roarty, D Robb,
G Robinson, N Shevlin, W Shields, A Smith, K Stevenson, A Stubbs, L Stubbs, R Sullivan,
A Thomas, J Toner, S Watson, C Williams, N Wilson, G Woods.
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Agenda 
1 Declarations of Interest In Terms of the Ethical Standards
In Public Life Etc. (Scotland) Act 2000   
2 Minutes of Meetings of Committees, Sub-Committees and
Panels - Cycle 4
Submit volume of minutes of meetings of committees, sub-
committees and panels for cycle 4 for approval in terms of
standing order number 21 (copy to follow) 
3 Membership of Committees, Sub-Committees, Panels,
Working Group and Outside Bodies
Submit proposed amendments to Membership of
Committees, Sub-Committees, Panels, Working Groups and
Outside Bodies (copy to follow) 
4 Outcome of By-Election held on 16 November 2023 in
Ward 19 Motherwell South East and Ravenscraig
Submit outcome of By-Election held on 16 November 2003 in
Ward 19 Motherwell South East and Ravenscraig 
11 - 12 
5 Housing Revenue Account – 2024/2025 Revenue
Estimates
Submit report by the Chief Officer (Finance) presenting
information that will enable the Council to set its Housing
Revenue Account (HRA) budget and rent levels for 2024/2025 
13 - 24 
6 Remit from the Policy and Strategy Committee of 7
December 2023 - Self-Evaluation of the Audit and
Scrutiny Panel  - Outcome Report and Improvement Plan
Submit report by the Chief Officer (Legal and Democratic)
seeking approval of the removal of substitute attendance at
the Audit and Scrutiny Panel, as per improvement action 2.4
in Appendix 2 
25 - 54 
7 Standards Commission Proceedings – Councillor Duffy
Submit report by the Chief Officer (Legal and
Democratic) advising of the outcome of proceedings before
the Standards Commission for Scotland in relation to a
complaint that Councillor Duffy had been guilty of a breach of
the Councillors’ Code of Conduct. 
55 - 70  
NOTICE OF MOTIONS   
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8  Notice of Motion submitted by Councillor Smith and
Councillor Robinson
“Council recognises the need for business conducted at
committee meetings to be properly documented and
captured, with actions recorded and followed up by officers as
and when requested during meetings. This is vital to ensure
the continued open and transparent nature of council
proceedings, and to avoid duplication and repeated requests
being revisited and resubmitted at subsequent meetings.  
Council agrees for all future Committee and full Council
meetings to capture within the minutes any specific questions
submitted to council officers where a response or additional
actions are promised outside of that meeting.  
This will be implemented from the first relevant meeting of
cycle one of 2024” 
9 Notice of Motion submitted by Councillor Khan and
Councillor McKay
“North Lanarkshire Council recognises the high level of care
currently provided at University Hospital Wishaw’s award
winning Neonatal Intensive Care Unit and extends a sincere
thanks to the staff working there. 
Council notes with concern the proposal by the Scottish
Government to downgrade Wishaw’s Neonatal Unit and
acknowledges that a petition opposing the proposal has
gathered more than 17,000 signatures.  
Council notes that a decision to downgrade this unit would
result in some babies that require a high level of care being
treated in Glasgow, Edinburgh or Aberdeen instead of
Wishaw, as they are currently. 
Council is further concerned that the clinical advice which this
proposal is predicated on is now five years out of date.  
As such, council instructs the Chief Executive to write to the
Scottish Government Health Minister objecting to this
proposal and highlighting the negative impact it is likely to
have on parents here in North Lanarkshire”     
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10  Notice of Motion submitted by Councillor Costello and
Councillor Bustard
“Council commends the excellent work of the Scottish Fire
and Rescue Service in keeping our communities safe.  
Council notes with concern Scottish Government cuts to the
Scottish Fire and Rescue Service budgets which it
understands equate to £64million over the last ten years in
real terms.  
Council understands that such significant cuts to a key public
service have led to job losses and a deterioration of the
condition of many stations across Scotland.
Council recognises reports that the loss of key appliances in
neighbouring stations will see large communities outside of
North Lanarkshire become partly reliant on North Lanarkshire
Fire Stations to provide support.  
Council believes that it is the public and community safety
that will feel the true impacts of these cuts.  
Council, therefore, urges the Scottish Government to reverse
this year’s funding cut to the Scottish Fire and Rescue
Service budget to give this key public service the relief it
desperately needs and agrees to write to the Scottish
Government Community Safety Minister stating this position” 
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11  Notice of Motion submitted by Councillor Logue and
Councillor Fisher
“Council agrees that Standing Order 6 be amended, as
undernoted: - The notice of the time of, and the arrangements
for, the intended meeting, shall be published at the Civic
Centre, Motherwell and on the Council’s website and sent to
Members by email to their Council email addresses by way of
a hyperlink to the meeting papers. If they so choose,
Members may request to receive a printed copy of the
meeting papers which may be collected from Member
Services, Civic Centre, Motherwell. Where a Special Meeting
is called by Members, the notice shall be signed by, and
record the names of, the Members calling the meeting and
the notice shall specify the business proposed to be
transacted at the intended meeting.  
Council agrees that Standing Order 64(A) be amended to
read that "Where a member who has been appointed to a
committee is unable to attend a meeting of that body, they
shall be permitted to appoint a substitute member to attend in
their place. The use of substitute members shall be limited to
use only by political groups and shall be further limited to
three per political group per meeting. Upon attendance in a
role of substitute member, that Member shall so indicate to
the meeting prior to the commencement of business that they
are in attendance as a substitute Member and further indicate
the name of the absent Member for whom they are
substituting, and this shall be recorded in the Minute of the
meeting. It is not permissible for a substitute Member to
assume the Chair."  
Council agrees that all Planning, quasi-judicial & regulatory
committees and sub-committees are held in person” 
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12  Notice of Motion submitted by Councillor Williams and
Councillor McKendrick
“This Council notes:-
• The ‘Strathclyde Regional Bus Strategy and Delivery
Plan: Case for Change’ report presented to Strathclyde
Partnership for Transport’s Board on 29 September 2023.
• That this evidence-based report has found that bus use is
in ‘sustained, long-term decline’ in Strathclyde, with bus
patronage, the size of bus networks, bus service
frequency and network coverage all falling.
• That despite decline in bus networks, bus fares continue
to rise in Strathclyde at a higher rate than inflation and at
a higher rate than the cost of travelling by other modes of
transport.
• That the current model of bus service has failed to deliver
integrated ticketing or an integrated approach to public
transport planning.
• That in 2021/22 public sector support represented 56 per
cent of bus operator revenues in Scotland.
• That publicly funded revenue has been boosted by free
bus travel for under 22s resulting in 84 million journeys to
education, work and leisure, where services are available
to use.
• The announcement in the 22/23 Programme for
Government that the Scottish Government will work with
third sector and local authorities to provide free bus travel
to asylum seekers and refugees including displaced
people from Ukraine.  
This Council believes:-  
• The current deregulated model of bus provision is
inadequate and that there is now a compelling case for
changing the model of bus provision across Strathclyde.
• A new model of bus provision will enable bus services
and public transport across Strathclyde to contribute more
towards a healthier environment, inclusive economic
growth and an improved quality of life for the people and
communities of Strathclyde.
• A new model of bus provision will enable bus routes,
timetables, ticketing, fares and integration with other
modes to be designed by identifying and addressing
communities’ needs in urban and in suburban and rural
areas where there is little or no current service.   
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This Council agrees to write to SPT and the Scottish
Government to communicate its view that:-  
• As part of ongoing work developing theStrathclyde
Regional Bus Strategy, SPT must develop a new model of
bus provision for Strathclyde (on behalf of its 12
constituent local authorities) that is fully-integrated with
other transport modes, affordable, reliable, easy to use,
and democratically accountable.
• SPT can deliver this most effectively by taking forward the
franchising and municipal ownership powers in the
Transport (Scotland) Act 2019 (and not through ‘Bus
Service Improvement Partnerships’, which are not
suitable for delivering transformational change)  
• This new model of bus provision will help achieve the
Regional Transport Strategy objectives and policies set
out by SPT by ensuring that bus provision is designed
through identifying and addressing communities’ needs.  
• The Scottish Government must support SPT (and
Scotland’s other Regional Transport Partnerships)
seeking to replace deregulated bus models with models
of regulation or common ownership, with fair funding and
regulation that respects the autonomy and democratic
wishes of Scotland’s communities and regions. A
democratically accountable Strathclyde-wide bus
franchising system should be progressed to improve bus
services across the region and realise the ambitions of
the Regional Transport Strategy.    
• The Scottish Government must support SPT in reforming
transport governance, over a 10 year period, as set out in
the recentCentre for Cities report.”  
In addition:  
Officers should continue to collaborate with other local
authorities and SPT to progress the use of the franchising and
municipal ownership powers, in line with this motion”  
QUESTIONS   
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13  Questions Received in Terms of Standing Order 51
Submit three Questions Received in Terms of Standing Order
51 
71 - 72 
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NORTH LANARKSHIRE COUNCIL – RESULTS OF BY-ELECTION 
WARD 19 – MOTHERWELL SOUTH EAST AND RAVENSCRAIG 
DATE OF BY-ELECTION: THURSDAY, 16 NOVEMBER 2023 
I Des Murray, Returning Officer for the above by-election, hereby give notice that the votes cast were as follows. 
Total Ballot Papers received 3,155
Invalid votes 48
Total Valid Votes 3,107
Electoral quota 1,554
Percentage poll 20.0% 
that the votes cast for each of the candidates were as follows: 
Candidate Number of First
Preference Votes
Stage at which candidate has
been elected
Billy Acheson
British Unionists – For a Better Britain  96 
Oyebola Ajala
Scottish Conservative and Unionist 296 
Kaye Harmon
Labour and Co-Operative Party 1,368 7
Robert Stewart McGeorge
Scottish Liberal Democrats  68 
Mark Shields
Alba Party  66 
Derek Watson
Scottish Green Party 255 
Neil Wilson
UK Independence Party 24 
Rosa Zambonini
Scottish National Party (SNP) 934 
After application of the Election Rules, I declare that the following is elected as a Councillor for Ward No. 19 –
Motherwell South East and Ravenscraig is:-  Kaye Harmon, Labour and Co-Operative Party. 
Item 4
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Of the total ballot papers, the following were rejected and not counted on account of The Scottish Local Elections
Order 2011 Order Rule 44(1): 
Adjudication Reject Reason Number of
Papers
Which does not bear a unique identifying mark in a form that is capable of being read by
electronic means 0
On which a number standing alone is not placed so as to indicate a first preference for some
candidate 8
On which the figure “1” standing alone indicating a first preference is set opposite the name
of more than one candidate 32
On which anything is written or marked by which the voter can be identified except the
printed number and other unique identifying mark on the back 0
Which is unmarked or void for uncertainty 8
Total ballot papers rejected 48 
Des Murray 
Returning Officer
16 November 2023 
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North Lanarkshire Council
Report
Housing Committee 
Does this report require to be approved? ☐ Yes   ☒ No
Ref    SL / GT Date 08/11/23 
Housing Revenue Account – 2024/25 Revenue Estimates 
From  Elaine Kemp, Chief Officer (Finance)  
E-mail kempe@northlan.gov.uk Telephone 01698 302408 
1. Background 
1.1 Income and expenditure in relation to a local authority’s own direct provision of housing
must be recorded within a Housing Revenue Account (HRA) as set out in the Housing
(Scotland) Act 1987. In addition, this Act sets out the requirement for local authorities
to set an annual budget to support sound financial management and helps ensure that
expenditure is linked to the key priorities of tenants. 
1.2 North Lanarkshire is Scotland’s largest local authority landlord, with a housing stock of
approximately 36,000. The number has reduced marginally over the last year reflecting
the impact of tower re-provisioning, partially offset by additions to the stock through the
Council’s new supply programme and buy back schemes. 
Executive Summary
The purpose of this report is to present to Committee information that will enable the
Council to set its Housing Revenue Account (HRA) budget and rent levels for 2024/25. 
Recommendations
It is recommended that Committee: 
(1) Recognises the HRA cost pressures detailed in Appendix 1,
(2) Recognises the base budget savings outlined in Appendix 2,
(3) Considers the HRA reserve balances as detailed in paragraphs 2.5 to 2.8, and
(4) Agrees to review the financial assumptions contained in this report at the Council
meeting in December 2023 to approve the HRA Revenue Estimates and rent levels
for 2024/25.  
The Plan for North Lanarkshire
Priority  Improve North Lanarkshire's resource base
Ambition statement (25) Ensure intelligent use of data and information to support fully
evidence based decision making and future planning
Programme of Work Statutory / corporate / service requirement
Item 5
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1.3 The Council approved its 2023/24 HRA budget of £164m on 23 February 2023 with
£152m (93%) funded by rental income from tenants, £9m (5%) from other fees and
charges and £3m from reserves (2%). 
1.4 The average 2023/24 weekly rent in North Lanarkshire of £80.33 is the eleventh lowest
amongst Scottish local authority landlords and 2% below the Scottish local authority
average. The recent Landlord Report published by the Scottish Housing Regulator
shows North Lanarkshire Council’s rents are between 14.1% (for a 1 apartment) and
17.8% (for a 2 apartment) below the Scottish average for all social housing rents. 
1.5 In setting the HRA budget and rent levels in December 2017, the Council agreed to an
average rental increase of 5% for 2018/19 and 5% for the subsequent three years up
to 2021/22. For 2022/23 the rent increase was set at 3%, with a 5% increase approved
for 2023/24. 
1.6  Committee has received regular updates on the progress of delivering the Council’s
ambitious plans for housing through the Economic Regeneration Delivery Plan. This
has been further strengthened through The Plan for North Lanarkshire approved in
March 2019 and revised in March 2023 with the Programme of Work through the
Transforming Places theme with a renewed focus on transforming town centres and
communities, creating places with high-quality homes and vibrant town centres. 
1.7 Significant progress to date includes:
• An increase in the target for new supply housing from 2,150 by 2027 to 5,000 by
2035, 
• Completion of 1,138 new build homes with a further 451 on site. Sites have been
identified and are at various stages of progression for a further 1,289 homes,
• Expansion of the buy back scheme with 689 homes purchased through the Council
Buy Back Schemes at 14 September 2023,
• The approval, development and ongoing delivery of plans for investment and re-
provisioning of the Council’s tower properties,
• Approval of a 5 year mainstream capital programme from 2021/22 to 2025/26 that
aims to deliver £354m of investment in the Council’s housing stock; greater than
20% increase from the previous 5 year planning period. 
30-year Business Plan
1.8 The 30-year Business Plan included as part of the 2024/25 budget setting process is
shown in Appendix 3. Finance has worked closely with Housing Property Services and
the New Supply Team to confirm future investment targets to support the development
and refinement of financial modelling. The 30-year Business Plan continues to
demonstrate affordability and sustainability of plans based current assumptions. 
Housing Benefit / Universal Credit
1.9 During the mid point of the current financial year, North Lanarkshire had over 24,000
tenants in receipt of some form of support for their housing costs, representing almost
69% of tenants. Almost 38% of tenants are now in receipt of the housing cost element
of Universal Credit and a further 31% are in receipt of Housing Benefit.   
1.10  A rent increase would result in some tenants receiving more Housing Benefit and some
existing non-claimants becoming entitled to Housing Benefit. However, unless their
circumstances change, most tenants will be liable for the same contribution towards
their rent, with Housing Benefit making up the difference. 
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1.11  Tenants currently entitled to the full housing cost element of Universal Credit would
have their Universal Credit payment uplifted to reflect any rent increases up to the Local
Housing Allowance cap. 
1.12 Following approval at the former Housing and Regeneration Committee in November
2019, the Council established the Universal Credit Assistance Fund (UCAF). Following
approval at this Committee in February 2023 the scheme evolved into the current Rent
Assistance Fund. Over 10,000 tenants have been supported that would otherwise have
fallen into arrears. In addition, in accessing these funds tenants have been provided
with additional support and advice and signposting to other agencies where required
ultimately contributing to longer term sustainability of tenancies.   
1.13  These measures have ensured the Council has seen a stable position for rent arrears
for current tenants with the arrears balance remaining largely unchanged throughout
the current financial year where other landlords are experiencing significant increases
in current tenant arrears. 
2. Report 
HRA Revenue Estimates
2.1 In assessing the budgetary requirements of the Housing Revenue Account for 2024/25,
a number of variables and factors have to be considered and analysed before
determining the adjustments required in the base budget position. These base budget
adjustments are outlined in Appendices 1 and 2, with the main factors described below: 
2.1.1 Cost Pressures of £17.814m to ensure that the HRA can continue to deliver a
highly performing repairs and maintenance programme, effective housing
management and support and deliver the approved capital programme,
including:
• Employee costs (£0.746m)
The anticipated cost pressure for employee costs incorporates a re-
baselining for the 2023/24 current pay negotiations as well as an allowance
for a further 3% increase for 2024/25.  This is partially offset by an anticipate
increase to the turnover savings to reflect the significant levels of vacancies
experienced by the housing service. 
• Reduced employer pension contributions (£2.591m)
It is however anticipated that a one-off saving of £2.591 will materialise for
2024/25 as a result of the Actuarial Valuation of the Strathclyde Pension
Fund concluding that the fund is 146% funded allowing the employer
pension contribution rate to be reduced for 2 years.  The £2.591m is non-
recurring therefore a recurring solution for this would need to be identified
in future years.   
• Housing Repair and Maintenance (£6.830m)
The Council’s repairs programme is delivered by external contractors. The
contracts are indexed to inflation to reflect changes in the price of materials,
labour etc. The Enterprise Contract which is currently going through the
procurement process is anticipated to be in place from the new financial
year.  This cost estimate builds in an assumption around the potential rates
given the significant levels of inflation experienced within the construction
industry at the moment. 
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• Loan charges (£10.174m)
With increases to the Bank of England base rate, the cost of borrowing is
increasing which will make the repayment of historic HRA capital borrowing
more expensive. This cost pressure is based on an assumption that the
repayment of debt will be at 4.75% however there is a risk that for one year
in 24/25 the rates will be higher at 5.5%. For the purposes of setting rent
for 24/25 this has been excluded and can be managed through reserves. 
• Other inflationary pressures for energy and other services (£1.510m) 
• Reversal of prior year Use of Reserves (£3.088m) 
• Housing Stock Profile (£1.943m)
Changes in the profiling of stock during the year including additional units
and progression through the tower reprovisioning programme has resulted
in a recurring benefit of additional income of £1.943m. 
2.1.2 Base Budget Savings are considered each year to ensure that the HRA
continues to direct its resources towards key priorities. Appendix 2 outlines base
budget savings of £1.165m to be implemented by the service in 2024/25. 
2.1.4 The combined impact of these cost pressures and partially offsetting savings is
a funding gap of £16.649m. This can be summarised as follows: 
£m
Cost Pressures (see Appendix 1) 17.814
Base Budget Savings (see Appendix 2) (1.165)  
Funding Gap 16.649 
2.2 A rental increase of 11.11% would be required to bridge the funding gap. 
2.3 There is an opportunity to make an adjustment to the profile of capital financing within
the HRA between borrowing and Capital Funded from Current Revenue (CFCR). Given
the significant cost pressures facing the HRA it has been determined that there should
be a reduction of £9.084m in CFCR from £27.146m to £18.062m in 2024/25. This would
reduce the rent rise required in 2024/25 to 5%. 
2.4 It should be noted that this will result in additional recurring revenue costs of c. £0.591m
from 2025/26. To maintain this rent increase level beyond 2024/25, a further £4.287m
CFCR reduction would be required in 2025/26.  Members should note that this
mechanism will increase the future borrowing requirement and expose the HRA to more
expensive borrowing to support its capital investment however this has been deemed
to be a prudent adjustment given the significant cost pressures faced by the HRA.   
Use of Surplus Balances
2.5 As part of its long-term HRA budget strategy, it is the Council’s policy to set aside
approximately 1% of the HRA budget as a core reserve. As a result, the core reserve
currently stands at £1.640m. 
2.6 Based on the Period 6 Budget Monitoring position, the projected HRA reserves position
at 31 March 2024 can be summarised as follows: 
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£m
Earmarked Reserves 9.981
Core Contingency Reserve 1.640
Unallocated Reserve 5.312
Total Projected at 31 March 2024 16.933 
2.7 There will be a requirement to support a peak in loan charges expected in 2024/25 from
reserves. This would require funding of around £3.700m from the Unallocated Reserve.
In addition, there are continuing risks to the HRA from uncertainty within the wider
economy and the impact of inflation on repairs and maintenance costs and interest
rates on the cost of borrowing. 
2.8 Elected Members are reminded of the Council’s Reserves Policy approved at Policy
and Strategy Committee in January 2020 which aims to ensure that available balances
are managed and utilised in accordance with effective governance principles and
continue to support financial plans which are affordable and sustainable. 
3. Measures of success 
3.1  The Council is required to set a balanced budget for the Housing Revenue Account
with expenditure plans fully funded by income, largely from housing rents. 
3.2 The setting of an annual budget and thereafter monitoring the budget ensures that
tenants can have confidence that the Council and its officers are accountable for the
spending decisions they make. 
4. Supporting documentation  
Appendix 1  Cost Pressures 2024/25 
Appendix 2 Base Budget Savings 2024/25 
Appendix 3  30-year Business Plan Summary 
Elaine Kemp
Chief Officer (Finance) 
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5. Impacts 
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? 
The HRA budget for 2024/25 will ensure that the Council can continue to provide a
highly effective and responsive housing management service for all tenants and
improve the health and wellbeing and economic outcomes of communities through
the delivery of significant additional capital investment in high quality and affordable
social housing. 
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 been discussed and agreed with
Finance? 
Yes ☒ No ☐ 
If Yes, please provide a brief summary of the impact? 
The financial implications of the 2024/25 Revenue Estimates are outlined throughout
the report.
5.3 HR policy impact 
Does the report contain any HR policy or procedure impacts? 
Yes ☐ No ☒ 
If Yes, have all relevant HR impacts 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 been discussed and agreed with Legal and
Democratic? 
Yes ☐ No ☐ 
If Yes, please provide a brief summary of the impact? 
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 ☐
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If Yes, has a Data Protection Impact Assessment (DPIA) been carried out and e-
mailed to dataprotection@northlan.gov.uk 
Yes ☐ No ☐
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? 
All activities undertaken by the council are subject to risk, and in acknowledging the
Council’s approved Risk Management Strategy (September 2012), Services
manage these as part of their overall corporate and service planning process. The
current economic climate, in particular, has the potential to impact upon the Council’s
ability to provide quality services within approved budget levels.  
The Government’s proposals for welfare reform include a number of changes to the
housing benefit system which present significant financial risks to the HRA, including
increasing rent arrears and cash collection costs, combined with lower levels of
rental income. These risks are increased by the current cost-of-living crisis. These
risks will be closely monitored throughout 2024/25 through the Council’s Financial
Sustainability risk.
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
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Armed Forces community to make sure that they do not face disadvantage
compared to other citizens in the provision of public services. 
5.11 Children’s rights and wellbeing impact 
Does the report contain any information regarding any council activity, service
delivery, policy, or plan that has an impact on children and young people up to the
age of 18, or on a specific group of these? 
Yes ☐ No ☒ 
If Yes, please provide a brief summary of the impact and the provision that has
been made to ensure there has been appropriate consideration of the relevant
Articles from the United Nations Convention on the Rights of the Child (UNCRC). 
If Yes, has a Children’s Rights and Wellbeing Impact Assessment (CRWIA) been
carried out? 
Yes ☐ No ☐ 
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Appendix 1
Housing Revenue Account 
Cost Pressures 2024/25 
£000 £000
Employee Costs  
Pay awards (2023/24 balance plus 2024/25 estimate)  1,220 
Incremental drift 26 
Increase in turnover vacancies (500) 
746   
Reduction in employers pension contribution  (2,591)   
Inflationary Pressures  
Housing repairs inflation and stock movements 6,830 
Trading and support service costs  467 
Energy costs 594 
Future credit losses 1,129 
Release of Ambition funding (733) 
Void rent loss increased costs 53 
8,340   
Capital Financing Costs  
Loan charges associated with increased capital
investment 
10,174   
Movement and profile of housing stock  (1,943)   
Reversal of prior year Use of Reserves  3,088   
Cost Pressures Total  17,814 
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Appendix 2
Housing Revenue Account
Base Budget Savings 2024/25 
£000
Employee Costs
Reduced costs associated with former employee pensions 
110
Property Costs
Reduced home loss and disturbance payments linked to
the Phase 2 Tower and Walk Up Flat reprovisioning
programme
95
Other Operational Efficiencies
Reduced operational delivery costs linked to office
expenditure and recharges from other service areas (i.e.
HRA share of wider operational efficiencies across the
Council) 
960
Total base budget savings 1,165 
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Appendix 3 
30 Year Financial Model 2023/24 Revenue Estimates 
30 Year
Year 2020/25 2025/30 2030/35 2035/40 2040/45 2045/50 Totals
Average Mainstream Housing Stock 35,036 34,172 33,404 32,514 31,894 31,839
New Build Housing Stock 1,237 2,239 3,036 3,329 3,372 3,362
Average Housing stock 36,273 36,412 36,440 35,843 35,266 35,201
Capital Investment £000 £000 £000 £000 £000 £000 £000
Prudential borrowing 319,275 591,893 620,251 644,687 832,579 443,366 3,452,051
Capital receipts 41 0 0 0 0 0 41
Other receipts / Government Grants 112,836 109,690 63,782 4,868 0 0 291,176
Sub total 432,152 701,583 684,033 649,555 832,579 443,366 3,743,268
CFCR 129,220 96,682 121,396 135,729 135,731 135,730 754,488
Total resources 561,372 798,265 805,429 785,284 968,310 579,096 4,497,756
Loan Analysis
Opening debt 324,109 602,643 1,101,589 1,561,575 1,958,196 2,465,582 324,109
Prudential borrowing 319,275 591,893 620,251 644,687 832,579 443,366 3,452,052
Principal repayment - historic debt 35,018 51,654 62,434 75,517 51,354 30,382 306,359
Principal repayment - new borrowing 5,723 41,293 97,831 172,549 273,839 404,971 996,206
Closing debt 602,643 1,101,589 1,561,575 1,958,196 2,465,582 2,473,595 2,473,596
Per house (£) - Closing Stock 16,614 30,254 42,853 54,633 69,914 70,271 70,271
Housing Revenue Account
135,273 282,533 449,214 657,620 862,465 1,097,968 3,485,073
663,461 720,346 823,383 923,435 1,019,725 1,139,145 5,289,495
798,734 1,002,879 1,272,597 1,581,055 1,882,190 2,237,113 8,774,568
Other income (87,663) (80,545) (80,545) (80,545) (80,545) (80,545) (490,388)
Balance to be financed by rents 711,071 922,334 1,192,052 1,500,510 1,801,645 2,156,568 8,284,180
Average weekly rent (£) 78.15 98.98 126.91 161.97 196.78 235.62
Rental Income 711,069 922,334 1,192,050 1,500,511 1,801,646 2,156,572 8,284,182
Average Yearly % increase 4.58% 5.00% 5.00% 4.53% 3.92% 2.96%
Capital charges as a % of rent income 19.02% 30.63% 37.68% 43.83% 47.87% 50.91%
5 Year Bands
Loan charges
Other costs
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North Lanarkshire Council
Report
Audit and Scrutiny Panel 
Does this report require to be approved? ☒ Yes   ☐ No
Ref    AA/SL Date 20/11/23 
Self-Evaluation of the Audit and Scrutiny Panel - outcome report
and improvement plan 
From  Archie Aitken, Chief Officer (Legal and Democratic)  
E-mail AitkenA@northlan.gov.uk   E-mail 07939 280102 
Executive Summary
Through the discrete functions of both Audit and Scrutiny, the Audit and Scrutiny Panel
play an important role in relation to the council’s governance arrangements.  As set out in
the terms of reference in the Scheme of Administration, the purpose of the Panel is “to
provide independent assurance to the council and those charged with governance on the
adequacy of the council’s risk management framework and internal control environment”. 
The council’s governance arrangements are reviewed on an annual basis through the
Strategic Governance Framework and throughout the year as part of the Internal Audit
programme of audit work.  These processes support the council in demonstrating
compliance with, and commitment to, the good governance principles as set out in the
national Delivering Good Governance in Local Government: Framework (2016). 
An Internal Audit review in 2021 considered there was a risk that “the council may not be
able to adequately demonstrate that it has effective audit committee arrangements and/or
arrangements to ensure Elected Members have the skills, knowledge and, where
appropriate or required, access to relevant training and resources to effectively undertake
their role”.  To this end, Internal Audit recommended that the Audit and Scrutiny Panel
should, in line with good practice, periodically undertake a self-evaluation of how effectively
it is discharging its role. 
An overview of the evaluation framework, process, and timetable for the self-evaluation of
the Audit and Scrutiny Panel was provided to the Panel in September 2023 and Elected
Members endorsed the approach that was set out in the report.  This comprised a request
for current Panel members, as well as those who had been members of the Panel since
the local government elections in May 2022, to complete an online survey. 
This report herewith presents the outcome from the self-evaluation of the Audit and
Scrutiny Panel as a synopsis in Appendix 1.  The resultant improvement plan is set out in
Appendix 3 for members of the Panel to approve and to identify any further developments
required in this respect. 
Recommendations
It is recommended that the Audit and Scrutiny Panel: 
(1) Recognise that the outcome from the self-evaluation demonstrates the extent to
Item 6
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1. Background 
1.1 Members of the Audit and Scrutiny Panel are well versed in the role of the Panel and
its statement of purpose to: 
• Provide independent assurance to the council and those charged with governance
on the adequacy of the council’s risk management framework and internal control
environment. 
• Provide independent review of the council’s governance, risk management,
performance, and control frameworks and oversee the financial reporting and
annual governance processes. 
• Oversee the council’s internal and external audit arrangements, helping to ensure
efficient and effective assurance arrangements are in place. 
• Undertake the scrutiny function within the council’s governance framework
(establishing short life task group reviews, as required) to undertake in-depth
examination of particular areas of policy and/or service delivery with a view to
making recommendations for improvement. 
1.2  The Panel is also a key component of the council’s corporate governance
arrangements which are subject to various review and assessment processes.  In 2021,
an Internal Audit review of Principles E, F, and G from the Delivering Good Governance
in Local Government: Framework (2016) considered there was a risk that “the council
may not be able to adequately demonstrate that it has effective audit committee
arrangements and/or arrangements to ensure Elected Members have the skills,
knowledge and, where appropriate or required, access to relevant training and
resources to effectively undertake their role”.   
1.3 In this respect, Internal Audit recommended that the Audit and Scrutiny Panel should,
in line with good practice, periodically undertake a self-evaluation of how effectively it
is discharging its role by introducing: 
a) “A formal process whereby the Audit and Scrutiny Panel periodically undertakes a
self-assessment of their performance and activities against CIPFAs Audit
Committees: Practical Guidance for Local Authorities (2018), with a report outlining
which the Panel is effective in discharging its Audit and Scrutiny roles and, as such,
fulfils the Internal Audit recommendations, 
(2) Approve the implementation of the improvement plan (in Appendix 3) to further
strengthen the Panel’s working practices and identify any further developments
required in this respect, and 
(3) Endorse the next steps outlined at paragraphs 2.14 and 2.15 to ensure the Panel
remains effective in discharging its Audit and Scrutiny roles in relation to the
functions of an Audit Committee as per CIPFAs Audit Committees: Practical
Guidance for Local Authorities (2018), and by ensuring the council can demonstrate
Best Value through the existence of robust arrangements for performance reporting
and scrutiny.   
The Plan for North Lanarkshire
Priority  All priorities
Ambition statement All ambition statements
Programme of Work Statutory / corporate / service requirement
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the results of this review including any improvement actions being presented to the
Panel and reported to the Policy and Strategy Committee.”
b) “A formal process whereby the Audit and Scrutiny Panel periodically undertakes a
separate self- assessment of the effectiveness of the performance and activities of
the Panel in discharging the Scrutiny aspect of its role.” 
1.4 To implement the Internal Audit recommendations, the self-evaluation exercise was
incorporated into the review programme for the council’s Strategic Self-Evaluation
Framework.  The evaluation framework, process, and timetable for the self-evaluation
of the Audit and Scrutiny Panel was subsequently developed in line with the Strategic
Self-Evaluation Framework and customised in order to best meet the needs, operating
environment, and desired outcomes of the function being evaluated.  As part of this
process, the Chief Officer (Legal and Democratic) was assigned the role of independent
Champion for the self-evaluation exercise.   
1.5 While there are two specific Internal Audit recommendations noted in paragraph 1.3,
the self-evaluation exercise was combined into one to avoid duplicating the use of both
Elected Members’ time and officer resources, and to enable the Audit and Scrutiny
Panel to be considered as a single entity.  This thereby ensures that any improvement
actions identified complement the effective operation of both the Audit and Scrutiny
aspects of the Panel and not just one at the expense of the other. 
1.6 An overview of the evaluation framework, process, and timetable for the self-evaluation
of the Audit and Scrutiny Panel was provided to the Panel in September 2023 and
Members endorsed the approach to the self-evaluation exercise that was set out in the
report.  The approach comprised an online survey (open from 5th to 19th September,
with 1:1 support available if requested) with the outcome report and improvement plan
scheduled to be submitted back to the Panel in cycle 4 of 2023. 
1.7 Given the membership of the Audit and Scrutiny Panel had changed following the Local
Government elections in May 2022, implementation of the Internal Audit
recommendations was rescheduled to allow time for the new arrangements to become
more fully embedded.  Considering this, and the recent changes which had been made
to the Panel’s membership, it was subsequently agreed at the meeting in September
2023 that both current and former members of the Panel (since May 2022) would take
part in the online survey. 
1.8 Following completion of work to collate and analyse the responses to the online survey,
this report herewith - from the Chief Officer (Legal and Democratic) in his role as
Champion for the self-evaluation exercise - presents the outcome from the self-
evaluation of the Audit and Scrutiny Panel as a synopsis in Appendix 1.  The resultant
improvement plan is set out in Appendix 3 for members of the Panel to approve and to
identify any further developments required in this respect. 
2. Self-Evaluation 
2.1 Undertaken in line with the corporate approach set out in the Strategic Self-Evaluation
Framework, the self-evaluation of the Audit and Scrutiny Panel aims to answer three
simple questions - How well are we doing?  How do we know? (i.e. What evidence is
there to support the view of how well we are doing?), and How can we do better? (i.e.
What are we going to do now?).   
2.2 A synopsis of the self-evaluation exercise is set out in Appendix 1; this includes the
following: 
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• An outline in terms of what the self-evaluation of the Audit and Scrutiny Panel
aimed to achieve.
• The assessment framework - which for the Audit function was based on the key
principles set out in CIPFAs Position Statement: Audit Committees in Local
Authorities (2018) and the supporting Audit Committees Practical Guidance for
Local Authorities (2018) document.  For the Scrutiny function relevant assessment
statements were incorporated into the evaluation framework from the Best Value
Statutory Guidance (2020).
• The assessment process, including timescales - from the initial desktop exercise
to identify existing evidence against the respective CIPFA and Best Value
guidance (referred to above), to the online survey process, and development of the
outcome report and improvement plan.
• Respondents - in total 11 Elected Members who currently sit on the Audit and
Scrutiny Panel, plus 8 who had formerly been members of the Panel (since May
2022) were given the opportunity to respond to the online survey.
• Survey results - the aggregated overall RAG status for the self-evaluation exercise
as well as for each of the 4 themes and 25 good practice questions which have
been compiled from the results of the online survey (where responses were
anonymous). 
2.3  The online survey contained 25 good practice questions and presented the opportunity
for respondents to: 
• Provide constructive feedback in line with the experience of being a member of the
Audit and Scrutiny Panel by answering Yes, No, Partially, or Don’t Know to each
of the 25 good practice questions. A No or Partially response in some questions
prompted a further question that asked for more details to help understand any
further improvements required in this respect.  
• Highlight where the Panel works well (in line with its approved terms of reference).  
• Identify anything that could be improved in relation to the Audit and Scrutiny Panel
(in line with the Panel’s approved terms of reference). 
How well are we doing? 
2.4 A RAG status was applied to each of the 25 good practice questions based on how
respondents answered each question, this is set out in Table 1 below. 
Description RAG status applied
Respondents replied with a Yes to the question in the online survey = this
is an area of good practice. Green
Respondents replied with a Partially to the question in the online survey =
this is an area that requires further investigation. Amber
Respondents replied with a No to the question in the online survey = this
is an area that requires further investigation. Red
Respondents replied with a Don’t Know to the question in the online
survey = this is an area that requires further investigation. Grey 
Table 1: Description of survey responses and RAG status applied 
2.5 The online survey received a 58% response rate, with 11 out of 19 participants
answering the 25 good practice questions. The aggregated RAG status for the 25 good
practice questions combined is set out in Figure 1 below.  A high level summary of the
results shows that: 
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• Notwithstanding the response rate, the results still show a relatively positive
response across all 25 questions, with 53% of responses having a Yes response.
• There is a much smaller proportion of negative responses in terms of Partially
(12%) and No (11%). 
• Of particular note, however, is the proportion of Don’t Knows (24%) which exceed
the responses for Partially and No combined.  It is however recognised that the
proportion of Don’t Knows will have been influenced by the length of time
respondents have been a member of the Audit and Scrutiny Panel. 
2.6 Following the online survey the good practice questions considered areas of good
practice, which received the highest Yes responses, are listed in Table 2 below. 
Theme Good practice question % responses =
Yes
Membership
and Support
Q15. Does the Panel have good working relations with key
people and organisations, including external audit, internal
audit, and the chief financial officer?
100%
Membership
and Support
Q16. Is the secretariat and administrative support provided to
the Panel adequate? 91%
Functions of
the Panel
Q5. Has the Panel maintained its remit as set out in the Terms
of Reference in the approved Scheme of Administration? 73%
Effectiveness
of the Panel
Q19. Does the Panel engage with a wide range of leaders and
managers, including discussion of audit findings, risks, and
action plans with the responsible officers?
73%
Functions of
the Panel
Q4. Are Members of the Panel committed to training and
personal development to update and enhance their
knowledge, skills, capacity, and capabilities (where
appropriate or required) to deliver Best Value and perform
their role on the Panel?
70% 
Table 2: Areas of good practice (i.e. Yes responses) 
2.7  The areas of good practice shown in Table 2 above are further substantiated by the
feedback provided in terms of where respondents think the Panel works well (in line
with its approved terms of reference).  A summary of constructive feedback received in
this respect includes the following: 
a) Panel members are generally clear on the purpose of the Panel and its role in ensuring good
governance across the council's operations.
b) The Panel works well in terms of finding items for scrutiny.
c) The Panel works well with Internal Audit. 
d) The Panel works well in identifying areas of the council's operations that require scrutiny and
works closely with officers to ensure that appropriate scrutiny is undertaken.
e) I think the Panel operates well in terms of its functions.
f) The Panel is excellent at scrutinising all the papers and is prepared to question, ask for a deep
dive, and support where necessary.
g) I think the Panel provides a good level of overview and scrutiny which has its own value over
and above that provided at departmental level.
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h) Panel works pretty well with council officers to continue to improve the delivery of public
services.
i) I think that there is a good relationship between the Panel and council officers.
j) Good interaction between member and support.
k) An interested and effective group with no political bias. 
How can we do better? 
2.8 Following the online survey, the good practice questions which are considered to
require further investigation, and which received the highest combined responses for
Partially, No, and Don’t Know are listed in Table 3 below. 
* Note, for some questions the responses have been aggregated to clearly differentiate
between (a) areas of good practice (i.e. Yes responses) and (b) areas requiring further
investigation (i.e. Partially, No, and Don’t Know responses combined).  This has been
applied in questions where the responses showed a significant differentiation one way
or the other in order to further support a clear identification of areas for improvement. 
Theme Good practice question
% responses =
Partially, No, or
Don’t Know
combined
Membership
and Support
Q12. Do Members of the Panel have appropriate knowledge
and skills? 
* (a) 27% compared to (b) 73%.
73%
No + Partially +
Don’t Know
Panel Purpose
and
Governance
Q1. Is the role and purpose of the Audit and Scrutiny Panel
understood and accepted across the council? 
* (a) 46% compared to (b) 54%
54% 
No + Partially
Panel Purpose
and
Governance
Q3. Are the arrangements to hold the Panel to account for its
performance operating satisfactorily? 
* (a) 46% compared to (b) 54%
54%
Partially + Don’t
Know 
Table 3: Areas requiring further investigation 
(i.e. Partially, No, and Don’t Know responses combined) 
2.9 As noted in paragraph 2.5, overall there are a higher proportion of Don’t Know
responses (24%) than Partially (12%) and No (11%) combined.  While it is recognised
that the proportion of Don’t Knows will have been influenced by the length of time
respondents have been a member of the Audit and Scrutiny Panel, this does present
an opportunity to highlight specific areas for improvement. The good practice questions
which received the highest Don’t Know responses are listed in Table 4 below. 
Theme Good practice question % responses =
Don’t Know 
Effectiveness
of the Panel
Q22. Has the Panel evaluated whether and how it is adding
value to the organisation? 
* (a) 18% compared to (b) 82%
46%
Functions of
the Panel
Q8. Has the Audit and Scrutiny Panel considered the wider
areas identified in CIPFAs Position Statement: Audit
Committees in Local Authorities (2018) and whether it would
be appropriate for the Panel to undertake them? 
* (a) 27% compared to (b) 73%
64%
Membership Q14. Are arrangements in place to support the Panel with 36%
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and Support briefings and training? 
* (a) 27% compared to (b) 73%
Effectiveness
of the Panel
Q21. Has the Panel obtained feedback on its performance
from those interacting with the Panel or relying on its work? 
* (a) 27% compared to (b) 73%
46%
Functions of
the Panel
Q6. Is an evaluation undertaken to assess whether the Panel
is fulfilling its terms of reference and that adequate
consideration has been given to all core areas in the terms
of reference?
46%
Functions of
the Panel 
Q7. Where coverage of core areas in the terms of reference
has been found to be limited, are plans in place to address
this?
46%
Effectiveness
of the Panel
Q23 Does the Panel have an action plan to improve any areas
of weakness. 46%
Effectiveness
of the Panel
Q24. Does the Panel publish an annual report to account for
its performance and explain its work? 46% 
Table 4: Areas requiring further investigation (i.e. Don’t Know responses) 
2.10 The areas requiring further investigation shown in Tables 3 and 4 above are further
substantiated by the feedback provided in terms of where respondents think things
could be improved (in line with the Panel’s approved terms of reference).  A summary
of constructive feedback received in this respect includes the following: 
a) Training of members of the Panel on a regular basis.
b) Explanations to ensure everyone is clear in what the purpose of the Panel is, what is expected
of them and that they understand the purpose of the Panel.
c) There is scope to improve the information presented in reports, responses to questions, and
service representation.
d) I would like more financial assessments, not just process, in relation to real Best Value.  
e) Regular reviews and prioritise potential scrutiny topics and evaluate outcomes to demonstrate
added value.
f) Scope of Internal Audit activities in relation to the work of the Panel.
g) More monitoring and evaluation to measure success in terms of outcomes.
h) There have recently been significant changes in the composition of Elected Members sitting
on the panel. A concern lies that this has diluted the knowledge and skills within the Panel and
that further training may be required to ensure that the Panel discharges its duties and
responsibilities effectively and in line with terms of reference. 
i) There is scope to improve participation in the scrutiny of papers.
j) Internal Audit and Scrutiny items are effective but need to be expanded on even if this means
expanding the remit of the Panel. 
Improvement plan 
2.11 Where the results of the self-evaluation exercise show a high degree of performance 
against the good practice questions, CIPFA consider this to be an indicator that the 
Audit and Scrutiny Panel is soundly based and has in place a knowledgeable 
membership.  As well as informing an improvement plan for the Panel, the self-
evaluation exercise is also considered an important improvement tool in terms of
supporting future planning for the Panel’s work programme, training plan, and annual
report.   
2.12 As such, the analysis from the detailed survey responses set out in the synopsis in
Appendix 1, and the summary overview in paragraphs 2.4 to 2.10 above, show a
relatively positive response in terms of the Audit and Scrutiny Panel effectively
discharging its duties with a high degree of performance being reflected against the
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following good practice questions: 
Q15.  100% of respondents consider that the Panel has good working relations with key people and
organisations, including external audit, internal audit, and the chief financial officer.  
Q16.  91% of respondents consider that the secretariat and administrative support provided to the
Panel is adequate. 
Q5.  73% of respondents consider that the Panel has maintained its remit as set out in the Terms
of Reference in the approved Scheme of Administration. 
Q19.  73% of respondents consider that the Panel engages with a wide range of leaders and
managers, including discussion of audit findings, risks, and action plans with the responsible
officers.  
Q4.  70% of respondents consider that members of the Panel are committed to training and
personal development to update and enhance their knowledge, skills, capacity, and
capabilities (where appropriate or required) to deliver Best Value and perform their role on the
Panel. 
2.13 As noted in the synopsis in Appendix 1, and the summary overview in paragraphs 2.4
to 2.10 above, there are also clear areas for improvement for which improvement
actions can be identified - these are listed below.  For these areas, the improvement
plan in Appendix 3 sets out the next steps. 
Q22.  82% of respondents considered that the Panel had either Partially or had Not evaluated
whether and how it is adding value to the organisation, or they Didn’t Know if this was the
case.
Q12.  73% of respondents considered that members of the Panel either Partially or did Not have
appropriate knowledge and skills, or they Didn’t Know if this was the case.
Q8.  73% of respondents considered that the Audit and Scrutiny Panel had Not considered the
wider areas identified in CIPFAs Position Statement: Audit Committees in Local Authorities
(2018) and whether it would be appropriate for the Panel to undertake them, or they Didn’t
Know if this was the case.
Q14.  73% of respondents considered that either Partially there were (or there were Not)
arrangements in place to support the Panel with briefings and training, or they Didn’t Know if
this was the case.
Q21.  73% of respondents considered that the Panel had either Partially or had Not obtained
feedback on its performance from those interacting with the Panel or relying on its work, or
they Didn’t Know if this was the case.
Q1.  54% of respondents considered that the role and purpose of the Audit and Scrutiny Panel
was either Partially or Not understood and accepted across the council.
Q3.  54% of respondents considered that Partially there were arrangements in place to hold the
Panel to account for its performance operating satisfactorily, or they Didn’t Know if this was
the case. 
Next steps 
2.14 From a Scrutiny perspective, actions from the Improvement Plan in Appendix 3 will be 
incorporated into the Scrutiny Work Programme which is reported to the Panel every
six months.  This will enable Elected Members on the Panel to monitor the progress
and effectiveness of the improvement actions implemented along with the Panel’s
routine activity. 
2.15 As per the recommendations from the Internal Audit report in 2021 (noted in paragraph
1.3 above), a report outlining the results of the self-evaluation together with the
improvement plan which has been approved by the Audit and Scrutiny Panel will be
subsequently reported to the Policy and Strategy Committee in cycle 4 of 2023. 
3. Measures of success 
3.1 Measures of success will be identified in the form of evidence which demonstrates that
the council has effective Audit and Scrutiny Panel arrangements.  Specifically, that the:
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• Panel effectively discharges its duty in line with the council’s Scheme of
Administration.
• Performance and activities of the Panel are effective in discharging the audit
aspect of its role in line with CIPFAs Audit Committees Practical Guidance for Local
Authorities (2018).
• Performance and activities of the Panel are effective in discharging the scrutiny
aspect of its role in line with ensuring the council can demonstrate Best Value
through the existence of robust arrangements for performance reporting and
scrutiny. 
3.2 Further measures of success will reflect the skills and knowledge of the Elected
Members on the Audit and Scrutiny Panel, and their commitment to ensuring they have
(where appropriate or required) access to relevant training and resources to enhance
their knowledge, skills, capacity, and capabilities in order to effectively undertake their
role on the Panel. 
4. Supporting documentation 
4.1 Appendix 1: Synopsis of the self-evaluation of the Audit and Scrutiny Panel. 
Appendix 2: 25 good practice questions. 
Appendix 3:  Improvement Plan. 
Archie Aitken
Chief Officer (Legal and Democratic) 
5. Impacts 
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 been discussed and agreed with
Finance? 
Yes ☐ No ☐ 
If Yes, please provide a brief summary of the impact? 
5.3 HR policy impact 
Does the report contain any HR policy or procedure impacts? 
Yes ☐ No ☒
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If Yes, have all relevant HR impacts 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 been discussed and agreed with Legal and
Democratic? 
Yes ☐ No ☐ 
If Yes, please provide a brief summary of the impact? 
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 ☐
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?
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Implementation of a self-evaluation of the Audit and Scrutiny Panel contributes to
the mitigation of the risk on the Corporate Risk Register for governance,
leadership, and decision making.
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. 
5.11 Children’s rights and wellbeing impact 
Does the report contain any information regarding any council activity, service
delivery, policy, or plan that has an impact on children and young people up to the
age of 18, or on a specific group of these? 
Yes ☐ No ☒ 
If Yes, please provide a brief summary of the impact and the provision that has
been made to ensure there has been appropriate consideration of the relevant
Articles from the United Nations Convention on the Rights of the Child (UNCRC). 
If Yes, has a Children’s Rights and Wellbeing Impact Assessment (CRWIA) been
carried out? 
Yes ☐ No ☐ 
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Appendix 1 
SYNOPSIS FOR THE SELF-EVALUATION OF:  The Audit and Scrutiny Panel ASSESSMENT FRAMEWORK:  
The framework used reflects the function being assessed and the context and
operating environment of that function.  As such, the framework incorporates:
• The key principles set out in CIPFAs Position Statement: Audit Committees in
Local Authorities (2018) and the supporting Audit Committees Practical Guidance
for Local Authorities (2018) document.  These are considered to be the essential
factors in developing effective Audit aspects for such a committee.
• From a Scrutiny perspective, the Audit and Scrutiny Panel has a key role to play
in terms of ensuring the council can demonstrate Best Value through the
existence of robust arrangements for performance reporting and scrutiny.  As
such relevant assessment statements have also been incorporated into this
evaluation framework from the Best Value Statutory Guidance (2020). 
ASSESSMENT TEAM: 
• Council’s Project Team: Archie Aitken - Chief Officer (Legal and Democratic) /
CMT Champion, Susan Lawrie (Strategy and Performance Manager).
• Respondents: 11 Elected Members currently on the Audit and Scrutiny Panel
(as at September 2023) plus 8 who had formerly served on the Panel since the
local government elections in May 2022 were given the opportunity to respond to
the online survey: Councillors S Watson, HE Dunbar, H Brannan-McVey, A
Duffy-Lawson, T Fisher, M Hughes, J Hume, D Johnston, T Johnston, P Kelly, JJ
Leckie, G Lennon, H Loughran, A Masterton, B McCulloch, F McNally, G
Robinson, K Stevenson, R Sullivan. 
ASSESSMENT PROCESS: 
• August 2023 - Desktop exercise to identify existing evidence against the
respective CIPFA and Best Value guidance.
• 4th September 2023 -  Report to the Panel reiterated the Internal Audit
recommendations and provided an overview of the evaluation framework,
process, and timetable for the self-evaluation which was endorsed by the Panel.
• 5th September 2023 - Chief Officer (Legal and Democratic) shared the online
survey with the respondents (listed above), offering 1:1 support if requested.
• 5th to 19th September 2023 - Online survey open.
• 20th to 26th September 2023 -  Analysis of survey results and development of
outcome and improvement plan which were subsequently reviewed by the
council’s Corporate Management Team on 6th October for oversight purposes.
• 25th October 2023 - Presentation of outcome report and improvement plan to the
Audit and Scrutiny Panel Conveners meeting.
• 20th November 2023 -   Presentation of outcome report and improvement plan to
the Audit and Scrutiny Panel committee meeting for Elected Members on the
Panel to discuss and agree implementation of the improvement plan.
WHAT THE EVALUATION AIMS TO ACHIEVE:
Through the discrete functions of both Audit and Scrutiny, the Audit and Scrutiny Panel provide an
independent and high level resource to support good governance and strong public financial
management. The Panel’s role in respect of the Audit function reflect the standards set out in the
Chartered Institute of Public Finance and Accountancy (CIPFA) Position Statement: Audit
Committees in Local Authorities (2018).  This role, and the wider Terms of Reference for the Panel
which includes the Scrutiny function, is set out in the Scheme of Administration which was most
recently approved at the Council meeting in October 2022. 
The council’s governance arrangements are reviewed on an annual basis through the Strategic
Governance Framework and throughout the year through the Internal Audit programme of work. 
These processes support the council in demonstrating compliance with, and commitment to, the
good governance principles as set out in the national Delivering Good Governance in Local
Government: Framework (2016).  A review of Principles E, F, and G from the national Framework
was undertaken by Internal Audit in 2021.  This focused on corporate governance that relates to the
following principles:
• E - Developing the entity’s capacity, including the capability of its leadership and the individuals within it.
• F - Managing risks and performance through robust internal control and strong public financial management.
• G - Implementing good practices in transparency, reporting, and audit to deliver effective accountability. 
In relation to the effectiveness of the Audit and Scrutiny Panel, the Internal Audit report (submitted
to the Panel in March 2021) considered there was a risk that: “the council may not be able to
adequately demonstrate that it has effective audit committee arrangements and/or arrangements to
ensure Elected Members have the skills, knowledge and, where appropriate or required, access to
relevant training and resources to effectively undertake their role”. 
In this respect, Internal Audit recommended that the Audit and Scrutiny Panel should, in line with
good practice, undertake a self-evaluation of how effectively it is discharging its role by introducing:
a) “A formal process whereby the Audit and Scrutiny Panel periodically undertakes a self-
assessment of their performance and activities against CIPFAs Audit Committees: Practical
Guidance for Local Authorities (2018), with a report outlining the results of this review including
any improvement actions being presented to the Panel and reported to the Policy and Strategy
Committee.”
b) “A formal process whereby the Audit and Scrutiny Panel periodically undertakes a separate self-
assessment of the effectiveness of the performance and activities of the Panel in discharging
the Scrutiny aspect of its role.” 
At the Panel meeting in September 2023, members endorsed the approach to the self-evaluation
exercise which was set out at that time and agreed that Elected Members currently on the Audit and
Scrutiny Panel would take part in the self-evaluation exercise.  At this meeting, it was also agreed
that the self-evaluation would include those Elected Members who had experience of formerly
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HEADLINE RESULTS:
The online survey received a 58% response rate, with 11 out of 19 participants answering the 25 good practice questions. 
The online survey asked respondents to state how much they agreed with the 25 good practice questions by responding either Yes, Partially, No, or Don’t Know. 
The aggregated RAG status for the 25 good practice questions combined is set out in Figure 1.  A high level summary of the results shows that: 
• Notwithstanding the response rate, the results still show a relatively positive response across
all 25 questions, with 53% of responses having a Yes response.
• There is a much smaller proportion of negative responses in terms of Partially (12%) and No
(11%).
• Of particular note, however, is the proportion of Don’t Knows (24%) which exceed the
responses for Partially and No combined.  It is however recognised that the proportion of
Don’t Knows will have been influenced by the length of time respondents have been a
member of the Audit and Scrutiny Panel.
The evaluation framework for the self-evaluation of the Audit and Scrutiny Panel covered four themes: 
A. Panel Purpose and Governance.
B. Functions of the Panel.
C. Membership and Support.
D. Effectiveness of the Panel. 
Following completion of the online survey, the overall RAG status for each of the 4 themes is
show in Figure 2.   
This shows the differentiation between (a) areas of good practice (i.e. Yes responses) and (b)
areas requiring further investigation (i.e. Partially, No, and Don’t Know responses combined).   
A high level summary of the results shows that: 
• The theme of Membership and Support received the highest proportion of positive (Yes)
responses (60%).
• Effectiveness of the Panel received the lowest proportion of positive (Yes) responses (48%).
• When responses for Partially, No, and Don’t Know are combined the themes which require
further investigation the most are the Effectiveness of the Panel (52%) and the Functions of
the Panel (51%).
Looking at the Partially, No, and Don’t Know responses in more detail (as depicted in Figure 3), 
this shows that: 
• The theme for Panel Purpose and Governance received the highest proportion of negative 
responses (Partial and No combined) with 35% in this respect.
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• The proportion of Don’t Knows are highest in the themes of Functions of the Panel (35%) 
and Effectiveness of the Panel (31%).
• Conversely for the Panel Purpose and Governance theme there is a much lower proportion
of Don’t Knows (9%). 
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FULL RESULTS: 
Delving deeper into the results from the online survey, the % of respondents who answered 
either Yes, Partially, No, or Don’t Know for each of the 25 good practice questions is show 
in Figure 4.  This includes a RAG status to provide a visual representative of the results, i.e.
• Yes = Green
• Partially = Amber
• No = Red
• Don’t Know = Grey 
The good practice questions that received the highest positive (Yes) responses are listed below: 
Membership and Support
• Q15 - 100% of respondents said Yes, the Panel has good working relations with key 
people and organisations, including external audit, internal audit, and the chief  
financial officer.
• Q16 - 91% of respondents said Yes, the secretariat and administrative support 
provided to the Panel is adequate. 
Functions of the Panel
• Q5 - 73% of respondents said Yes, the Panel has maintained its remit as set out in the
Terms of Reference in the approved Scheme of Administration?
• Q4 - 70% of respondents said Yes, Members of the Panel are committed to training and
personal development to update and enhance their knowledge, skills, capacity, and
capabilities (where appropriate or required) to deliver Best Value and perform their
role on the Panel. 
Effectiveness of the Panel
• Q19 - 73% of respondents said Yes, the Panel engages with a wide range of leaders
and managers, including discussion of audit findings, risks, and action plans with
the responsible officers. 
The good practice questions that received the highest negative responses
(Partially and/or No and/or Don’t Know) are listed below: 
Panel Purpose and Governance
• Q1 - 54% of respondents replied to say that the role and purpose of the 
Audit and Scrutiny Panel was either Partially (27%) or Not (27%) understood and 
accepted across the council.  With Partially and No combined for this question,
this is a higher proportion than the 46% who responded to say Yes.
• Q3 - 54% of respondents replied to say that the Panel either Partially (27%) 
provided support to the council in meeting the requirements of good governance or 
they Didn’t Know (27%) if this was the case.  With Partially and Don’t Know 
combined for this question, this is a higher proportion than the 46% who 
responded to say Yes.
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Membership and Support
• Q12 - 45% of respondents replied to say that Members of the Panel either Partially (27%) or did Not (18%) have appropriate knowledge and skills.  When the responses to this
question are considered overall this shows the differentiation between (a) areas of good practice (i.e. Yes responses) and (b) areas requiring further investigation (i.e. Partially, No,
and Don’t Know responses combined) to be (a) 27% compared to (b) 73%. 
The good practice questions that received the highest individual Don’t Know responses are listed below: 
Functions of the Panel
• Q8 - 64% of respondents Didn’t Know if the Audit and Scrutiny Panel considered the wider areas identified in CIPFAs Position Statement: Audit Committees in Local Authorities
(2018) and whether it would be appropriate for the Panel to undertake them.  When the responses to this question are considered overall this shows the differentiation between (a)
areas of good practice (i.e. Yes responses) and (b) areas requiring further investigation (i.e. Partially, No, and Don’t Know responses combined) to be (a) 27% compared to (b) 73%.
• Q6 - 46% Didn’t Know if there was an evaluation undertaken to assess whether the Panel is fulfilling its terms of reference and that adequate consideration has been given to all core
areas in the terms of reference.
• Q7 - 46% Didn’t Know if coverage of core areas in the terms of reference had been found to be limited, or if plans were in place to address this. 
Membership and Support
• Q14 - 36% Didn’t Know if arrangements were in place to support the Panel with briefings and training.  When the responses to this question are considered overall this shows the
differentiation between (a) areas of good practice (i.e. Yes responses) and (b) areas requiring further investigation (i.e. Partially, No, and Don’t Know responses combined) to be
27% compared to 73%. 
Effectiveness of the Panel
• Q21 - 46% Didn’t Know if the Panel obtained feedback on its performance from those interacting with the Panel or relying on its work.  When the responses to this question are
considered overall this shows the differentiation between (a) areas of good practice (i.e. Yes responses) and (b) areas requiring further investigation (i.e. Partially, No, and Don’t
Know responses combined) to be (a) 27% compared to (b) 73%. 
• Q22 - 46% Didn’t Know if the Panel evaluated whether and how it is adding value to the organisation.  When the responses to this question are considered overall this shows the
differentiation between (a) areas of good practice (i.e. Yes responses) and (b) areas requiring further investigation (i.e. Partially, No, and Don’t Know responses combined) to be (a)
18% compared to (b) 82%.
• Q23 - 46% Didn’t Know if the Panel have an action plan to improve any areas of weakness.
• Q24 - 46% Didn’t Know if the Panel published an annual report to account for its performance and explain its work.  
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Context and evidence base. Context is an important first step in a self-evaluation exercise in order to ensure a clear understanding of the operating environment of the function being
evaluated.  For the self-evaluation of the Audit and Scrutiny Panel, initial desktop work was undertaken to gather evidence to ensure that the results from the self-evaluation exercise can
be cross checked from multiple sources in order to increase the reliability and validity of the findings, as well as help to ensure a wider understanding of complex issues and facilitate the
identification of more complete and fully informed areas for improvement. 
The section on the left below reflects the outcome of the initial desktop exercise and contains the pre-populated evidence and context base regarding the operation of the Panel in line with
the council’s decision making and committee arrangements as set out in the approved Standing Orders and Scheme of Delegation.  This section also reflects updates in terms of the
council’s corporate governance arrangements which have been set out in various reports to the Panel over the course of 2022 and 2023. 
The section on the right below sets out the outputs provided by respondents who replied to the online survey.  In relation to the qualitative comments on the right, these have been handled
with a significant degree of sensitivity to ensure that responses remain anonymous, and that feedback is clear and constructive in informing future improvements to the Audit and Scrutiny
Panel.
Panel Purpose and Governance
Pre-populated evidence and context base Outputs provided by the respondents who replied to the online survey
• Local authorities are corporate bodies created by statute and
must make corporate decisions. Legislation allows local
authorities to delegate most decision making to committees,
sub-committees, or officers. This means that committees only
operate within the remits given to them by their council. The
council has delegated certain matters to committees, sub-
committees and officers, and the Standing Orders set out the
rules which apply to the running and operation of council and
its committee meetings.  The latest version of the Standing
Orders is December 2022.
• The Scheme of Administration provides the details and
different functions of committees and other groups of the
council and the delegation of authority to carry out the
functions of the council.  It sets out the terms of reference for
committees, sub-committees, and panels of the council. At its
meeting on 6th October 2022, the Council approved new
governance arrangements and the Scheme of Administration.
• The Audit and Scrutiny Panel was established in its current
form in 2017, with Audit / Governance and Scrutiny being
separate committees prior to that.  The current Audit and
Q1.  Is the role and purpose of the Audit and Scrutiny Panel understood and accepted across the council?   
Where respondents replied either
Partially or No to this question, further
information was requested; the
responses provided are therefore noted
below:
• “I think this is understood by panel members, but I doubt that the role and purpose is fully understood by elected
members not on the panel.”
• “Unless involved in the panel I don't think people understand the panel.”
• “There is a reluctance to provide answers to questions.”
• “Some members are not involved. I do not know how much awareness staff have.”
Q2.  Does the Panel provide support to the council in meeting the requirements of good governance?   
Where respondents replied either
Partially or No to this question, further
information was requested; the
responses provided are therefore noted
below:
• “The panel can only provide a level
of good governance if officers respond effectively to issues raised by the panel, this is not always the case.”
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Scrutiny Panel has two discrete functions - Audit and
Scrutiny, with corporate governance a key aspect within both
of these functions.
• As per the Scheme of Administration approved at the Council
meeting in October 2022, the Audit and Scrutiny Panel is a
standing committee of North Lanarkshire Council and a Sub-
Committee of the Policy and Strategy Committee.  
• The Audit and Scrutiny Panel’s remit in relation to
accountability arrangements is to report to the council’s Policy
and Strategy Committee on the Panel’s findings, conclusions,
and recommendations concerning the adequacy and
effectiveness of the council’s governance, risk management
and internal control frameworks, financial reporting
arrangements, internal and external audit arrangements, the
performance of the council in delivering upon its priorities,
and the adequacy and effectiveness of the council's
performance and improvement arrangements.  It is also
required to report to the Policy and Strategy Committee on a
regular basis on the Panel’s performance in relation to its
Terms of Reference and the effectiveness of the Panel in
meeting its purpose.
• The Terms of Reference for the Audit and Scrutiny Panel are
set out in the Scheme of Administration.  Each year the
Strategic Governance Framework provides the evidence for
production of the Annual Governance Statement to
demonstrate that the purpose, activities, and functions of the
council’s Audit and Scrutiny Panel reflect the standards set
out in CIPFAs Position Statement: Audit Committees in Local
Authorities (2018).
Q3.  Are the arrangements to hold the Panel to account for its performance operating satisfactorily? 
Where respondents replied either
Partially or No to this question, further
information was requested; the
responses provided are therefore noted
below:
• “The panel generally operates
within its own structure and holds itself to account. Some external assessment is carried out but mostly relates to
process.”
Q4.  Are Members of the Panel committed to training and personal development to update and enhance their
knowledge, skills, capacity, and capabilities (where appropriate or required) to deliver Best Value and
perform their role on the
Panel?   
Where respondents replied either
Partially or No to this question, further
information was requested; the
responses provided are therefore
noted below:
• “I was provided with no training for the panel and training offered to elected members at the start of term was a lot to
take in and even if undertaken then will be forgotten easily as time passes.”
• “I’m not sure on all members.”
• “Not all members on the Panel are as committed or interested in updating their knowledge.”
Feedback from respondents on the Panel’s Purpose and Governance in terms of where they think the Panel
works well (in line with its approved terms of reference):
• “By and large it works well, but there are times where answers are not always forthcoming.”
• “Excellent input from Ken Adamson and his team and Linda and Susan on Scrutiny, as well as the council officers.”
• “Panel members are generally clear on the purpose of the panel and its role in ensuring good governance across the
council's operations.”
• “The Panel works well with Internal Audit. However, it can only be as effective as the information it is given. The
information from officers often has a positive bias.”
• “The Panel works well in terms of finding items for scrutiny.”
• “I am unsure of this, as a recent member to the Panel I feel I do not know enough about all the details yet.”
Feedback from respondents on the Panel’s Purpose and Governance in terms of where they think things could
be improved (in line with the Panel’s approved terms of reference):
• “Not sure.”
• “If questions to be submitted to officers were provided beforehand, there is little point in meeting or following up with
further questions for scrutiny.”
• “There needs to be better co-ordination between departments. Questions are not always answered if an item involves
multiple departments.”
• “All potential improvements are discussed with Ken Adamson.” Page 42 of 72

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• “Information needs to be unbiased and reflect the actual full circumstances. Also some officers are poor in responding
to issues raised by Internal Audit and members.”
• “Training of members of the Panel on a regular basis, explanations to ensure everyone is clear in what the purpose of
the Panel is, what is expected of them and that they understand the purpose of the Panel.”
Functions of the Panel
Pre-populated evidence and context base Outputs provided by the respondents who replied to the online survey
• The Terms of Reference for the Audit and Scrutiny Panel
explicitly address the following areas from CIPFAs Position
Statement: Audit Committees in Local Authorities (2018), i.e.
good governance, assurance framework, internal audit,
external audit, financial reporting, risk management, value for
money, and counter fraud and corruption.
• Standing agenda item number 1 on  all agendas for Council
and Committee meetings is Declarations of Interest in terms
of the Ethical Standards in Public Life Etc. (Scotland) Act
2000.  Any declarations made are recorded in the minutes.
• Good governance enables the council to effectively pursue
the ambition set out in The Plan for North Lanarkshire within
appropriate controls and the management of risk.  It is also
central to ensuring effective scrutiny and delivery of statutory
Best Value obligations.  The changes in the national
approach to auditing Best Value were reported to the Audit
and Scrutiny Panel in February 2023.
• This report also set out the role of Panel members in this
respect.  These changes move the audit of Best Value from
once every five years to an annual occurrence that is
undertaken as part of the external auditors Annual Audit
Report (AAR) process.  
• Reflecting the principles in the national Delivering Good
Governance in Local Government: Framework, the council’s
local code of governance is set out in the Strategic
Governance Framework which was initially approved in
February 2020 and subsequently refreshed and approved by
the Audit and Scrutiny Panel annually thereafter; the most
Q5.  Has the Panel maintained its remit as set out in the Terms of Reference in the approved Scheme of
Administration? 
Where respondents replied either
Partially or No to this question, further
information was requested; the
responses provided are therefore noted
below:
• 
Q6.  Is an evaluation undertaken to assess whether the Panel is fulfilling its terms of reference and that
adequate consideration has been given to all core areas in the terms of reference?   
Where respondents replied either
Partially or No to this question, further
information was requested; the
responses provided are therefore noted
below:
• “I don't recall a meaningful evaluation of the terms of reference.”
• “Not sure if evaluations have effectively taken place in core areas.”
Q7.  Where coverage of core areas in the terms of reference has been found to be limited, are plans in place to
address this?   
Where respondents replied either
Partially or No to this question, further
information was requested; the
responses provided are therefore noted
below:
• “We rely on officers following up after the meeting. Cross departmental representation would alleviate some of this.”
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recent in June 2023. Q8.  Has the Audit and Scrutiny Panel considered the wider areas identified in CIPFAs Position Statement:
Audit Committees in Local Authorities (2018) and whether it would be appropriate for the Panel to
undertake them?   
Q9.  Is the Panel’s role clear in relation to ensuring the council can demonstrate Best Value through the
existence of robust arrangements for performance reporting and scrutiny?  
Q10.  Do the scrutiny structures in the council support Members in reviewing and challenging performance? 
Feedback from respondents on the Functions of the Panel in terms of where they think the Panel works well (in
line with its approved terms of reference):
• “Not sure.”
• “Generally speaking, yes.”
• “We have several Panel members who probe deeply into the papers and then question the answers.”
• “The Panel works well in identifying areas of the council's operations that require scrutiny and works closely with
officers to ensure that appropriate scrutiny is undertaken.”
• “The Internal Audit plans and investigations are generally acceptable, and some officers respond well to the findings.”
• “I think the Panel operates well in terms of its functions.”
• “Scrutiny Panel mainly works well as the Panel and the council’s executive views it in a positive light.”
Feedback from respondents on the Functions of the Panel in terms of where they think things could be
improved (in line with the Panel’s approved terms of reference):
• “It falls on cross departmental representation.”
• “Any potential changes are discussed with the Chief Officer Audit and Risk.”
• “Officer's response is the main problem. I would like more financial assessments, not just process, in relation to real
Best Value. Benchmarking is also an area that would be useful.”
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Membership and support
Pre-populated evidence and context base Outputs provided by the respondents who replied to the online survey
• 11 Elected Members sit on the Audit and Scrutiny Panel. 
Membership is in line with appointments to all committees and
other bodies and these places are decided upon at a meeting
of the Council.
• Panel meetings are held quarterly in line with the council’s
arrangements for committee meetings which support the
implementation of the Scheme of Administration.  At its
meeting on 6th October 2022, the Council approved new
governance arrangements - including the membership of
committees, sub-committees, panels, and outside bodies and
the timetable of meetings for 2022-27.
• The Convener and Vice Convener for all council’s
committees, sub-committees and panels were approved at
the Council meeting in August 2022.
• The latest membership changes to the Audit and Scrutiny
Panel were approved at the Council meeting in June 2023.
• The Committee Services team within Legal and Democratic
provide secretariat and administrative support to all of the
council’s committees, including the Audit and Scrutiny Panel.
• The Chief Officer (Audit and Risk) supports the Panel on
matters relating to internal audit, external audit, and risk
management.  
• The Chief Officer (Business and Digital) supports the Panel
on matters relating to scrutiny, Best Value, and Arm’s Length
External Organisation (ALEO) assurance reporting.  Matters
in relation to corporate governance can be covered by either
of these two Chief Officers, depending on the particular
subject matter. 
• The Chief Officer (Finance) supports the Panel on matters
relating to financial reporting.  
• Any Chief Officer can be called in by the Panel to provide
further support, where appropriate, on service specific queries
matters.
• LearnNL provides an online portal for all Elected Members
training and development needs, as well as an induction
Q11.  Does the Convener of the
Panel have appropriate
knowledge and skills? 
Q12.  Do Members of the Panel have appropriate knowledge and skills?  
Q13. Do Members of the Panel receive sufficient support to perform their role on the Panel?     
Where respondents replied either
Partially or No to this question, further
information was requested; the
responses provided are therefore
noted below:
• “CIPFA and Best Value information and requirements should be reviewed and discussed more often particularly when
new members are involved.”
• “I think training for new members of the Panel and a refresh for existing members would be a good idea.”
• As a recent member to the Panel, I was not provided with any details.”
Q14.  Are arrangements in place to support the Panel with briefings and training? 
Where respondents replied either
Partially or No to this question, further
information was requested; the
responses provided are therefore
noted below:
• “New members - training required.”
• “Some arrangements are in place and used, but could be increased in scope, again particularly for new members.”
• “Positively moving forward where appropriate, and if required, more training and briefings would be beneficial.”
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programme for new Elected Members:
https://learnnl.learningpool.com/login/index.php
Q15.  Does the Panel have good working relations with key people and organisations, including external audit,
internal audit, and the chief financial officer? 
Where respondents replied either
Partially or No to this question, further
information was requested; the
responses provided are therefore
noted below:
• 
Q16.  Is the secretariat and administrative support provided to the Panel adequate? 
Where respondents replied either
Partially or No to this question, further
information was requested; the
responses provided are therefore
noted below: 
• 
Q17.  Does the Panel have access to clear, timely, and sufficiently detailed information that allows them to
carry out their governance and scrutiny role?   
Where respondents replied either
Partially or No to this question, further
information was requested; the
responses provided are therefore
noted below:
• “It would be occasionally helpful if papers could be available earlier.”
• “Officer's information and responses to issued raised by Internal audit audits should be better.”
Feedback from respondents on the Panel’s Membership and Support in terms of where they think the Panel
works well (in line with its approved terms of reference):
• “Good interaction between member and support.”
• “An interested and effective group with no political bias.”
• “Internal Audit reports are good.”
• “I think that there is a good relationship between the Panel and council officers.”
• “Panel works pretty well with council officers to continue to improve the delivery of public services.”
Feedback from respondents on the Panel’s Membership and Support in terms of where they think things could
be improved (in line with the Panel’s approved terms of reference):
• “There have recently been significant changes in the composition of elected members sitting on the panel. A concern
lies that this has diluted the knowledge and skills within the Panel and that further training may be required to ensure
that the Panel discharges its duties and responsibilities effectively and in line with terms of reference.”
• “Earlier papers and better cross departmental representation.”
• “There has been a turnover of members, so a meeting has been arranged with the Chief Officer Audit to organise a
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training session.”
• “Training for new members.”
• “Officer's information and responses to issues raised.”
• “Scope of Internal Audit activities.”
• “Further training as outlined above.”
• “Regular reviews and prioritise potential scrutiny topics and evaluate outcomes to demonstrate added value.”
Effectiveness of the Panel
Pre-populated evidence and context base Outputs provided by the respondents who replied to the online survey
• Internal Audit undertakes a programme of work which is
approved by the Audit and Scrutiny Panel on an annual basis;
this is based on the Internal Audit Annual Plan. This plan is risk
based and is periodically updated to reflect evolving issues and
changes.  The most recent was approved in May 2023.
• A log is maintained of Audit and Risk related items to allow
Elected Members to track implementation of outstanding
requests and recommendations made by the Panel; log as at
September 2023. 
• An update to the assessment and prioritisation process
(previously approved in 2018 to establish a work programme
for the scrutiny function of the Panel) was reported to the Panel
in September 2022.  Through this process members of the
Panel are able to submit items, functions, or activities requiring
scrutiny which are then assessed and prioritised in line with the
approved framework.  This process was further updated in
September 2022 to ensure scrutiny activity is framed within the
context of The Plan for North Lanarkshire. 
• A further report in February 2023 combined the previous
twofold approach to the scrutiny function of the Panel - which
comprises (1) items, functions, or activities requiring scrutiny
identified and submitted by Panel members, and (2) the
presentation of information and reports aligned to the long-term
vision set out in The Plan for North Lanarkshire and its
supporting strategic frameworks - into the one composite
Scrutiny Work Programme.  This composite programme listed
all scrutiny related reports scheduled to be presented to the
Panel during each cycle of 2023/24.
Q18.  Are meetings effective with a good level of discussion and engagement from all Panel members? 
Where respondents replied either
Partially or No to this question, further
information was requested; the
responses provided are therefore
noted below:
• “Some members are not
engaged.”
• “Not all members contribute.”  
• “I think it needs to be clear that the Panel is apolitical and that we all share a duty to scrutinise the papers in front of
us regardless of party politics.” 
Q19.  Does the Panel engage with a wide range of leaders and managers, including discussion of audit
findings, risks, and action plans with the responsible officers?  
Q20.  Does the Panel make recommendations for the improvement of governance, risk, control, and
performance and are these acted on?  
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Q21.  Has the Panel obtained feedback on its performance from those interacting with the Panel or relying on
its work?  
Q22.  Has the Panel evaluated whether and how it is adding value to the organisation?  
Q23.  Does the Panel have an action plan to improve any areas of weakness?   
Q24.  Does the Panel publish an annual report to account for its performance and explain its work?   
Q25.  Is the Panel assured that its scrutiny of council performance adds value to the scrutiny activity which
already takes place at Service Committee level and does not duplicate efforts?   
Where respondents replied either
Partially or No to this question,
further information was requested;
the responses provided are
therefore noted below:
• 
Feedback from respondents on the Effectiveness of the Panel in terms of where they think the Panel works
well (in line with its approved terms of reference):
• “The Panel is excellent at scrutinising all the papers and is prepared to question, ask for a deep dive, and support
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where necessary.”
• “Internal Audit and scrutiny items are effective but need to be expanded on even if this means expanding the remit of
Audit/Scrutiny.”
• "I think the Panel provides a good level of overview and scrutiny which has its own value over and above that
provided at departmental level.”
• “Effective meetings and positive communication with council executive, officers and Panel members.”
Feedback from respondents on the Effectiveness of the Panel  in terms of where they think things could be
improved (in line with the Panel’s approved terms of reference):
• “More training.”
• “Nothing comes to mind at this point.”
• “Officer's information and responses in dealing with issues raised.”
• “There is scope to improve participation in the scrutiny of papers.”
• “The Panel should be more transparent and inclusive in its dealings with members and stakeholders.”
• “More monitoring and evaluation to measure success in terms of outcomes.”
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Appendix 2 
Self-evaluation of the Audit and Scrutiny Panel: Good practice questions used in the online survey. 
Panel Purpose
and Governance
Q1. Is the role and purpose of the Audit and Scrutiny Panel understood and accepted across the council? 
Q2. Does the Panel provide support to the council in meeting the requirements of good governance? 
Q3. Are the arrangements to hold the Panel to account for its performance operating satisfactorily?
Q4. Are Members of the Panel committed to training and personal development to update and enhance their knowledge, skills, capacity, and capabilities (where
appropriate or required) to deliver Best Value and perform their role on the Panel?
Functions of the
Panel
Q5. Has the Panel maintained its remit as set out in the Terms of Reference in the approved Scheme of Administration?
Q6. Is an evaluation undertaken to assess whether the Panel is fulfilling its terms of reference and that adequate consideration has been given to all core areas in
the terms of reference?
Q7. Where coverage of core areas in the terms of reference has been found to be limited, are plans in place to address this?
Q8. Has the Audit and Scrutiny Panel considered the wider areas identified in CIPFAs Position Statement: Audit Committees in Local Authorities (2018) and
whether it would be appropriate for the Panel to undertake them?
Q9. Is the Panel’s role clear in relation to ensuring the council can demonstrate Best Value through the existence of robust arrangements for performance reporting
and scrutiny?
Q10. Do the scrutiny structures in the council support Members in reviewing and challenging performance?
Membership and
Support
Q11. Does the Convener of the Panel have appropriate knowledge and skills?
Q12. Do Members of the Panel have appropriate knowledge and skills?
Q13. Do Members of the Panel receive sufficient support to perform their role on the Panel?
Q14. Are arrangements in place to support the Panel with briefings and training?
Q15. Does the Panel have good working relations with key people and organisations, including external audit, internal audit, and the chief financial officer?
Q16. Is the secretariat and administrative support provided to the Panel adequate?
Q17. Does the Panel have access to clear, timely, and sufficiently detailed information that allows them to carry out their governance and scrutiny role?
Effectiveness of
the Panel
Q18. Are meetings effective with a good level of discussion and engagement from all Panel members?
Q19. Does the Panel engage with a wide range of leaders and managers, including discussion of audit findings, risks, and action plans with the responsible officers?
Q20. Does the Panel make recommendations for the improvement of governance, risk, control, and performance and are these acted on?
Q21. Has the Panel obtained feedback on its performance from those interacting with the Panel or relying on its work?
Q22. Has the Panel evaluated whether and how it is adding value to the organisation?
Q23. Does the Panel have an action plan to improve any areas of weakness?
Q24. Does the Panel publish an annual report to account for its performance and explain its work?
Q25. Is the Panel assured that its scrutiny of council performance adds value to the scrutiny activity which already takes place at Service Committee level and does
not duplicate efforts? 
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Appendix 3 
Self-evaluation of the Audit and Scrutiny Panel: Improvement Plan. 
Improvement actions Lead Target date Measures of success Outcomes
(1) Formally establish a regular face to face learning and development programme for the Audit and Scrutiny Panel to ensure members of the Panel have the
appropriate skills and knowledge and (where required) access to relevant training and resources to effectively undertake their role.
1.1 Develop and deliver a training
programme that includes all relevant
aspects of Audit and Risk, and covers
the role of Audit in line with the key
principles set out in CIPFAs Position
Statement: Audit Committees in Local
Authorities (2018) and the supporting
Audit Committees Practical Guidance for
Local Authorities (2018) document.  
Chief Officer (Audit
and Risk) 
By the end of
2023/24. 
All members of the
Audit and Scrutiny
Panel attend the annual
session.
Members of the Audit and Scrutiny Panel are informed
and able to fulfil their roles and responsibilities in line
with the terms of reference as set out in the Scheme of
Administration.   
The purpose of the Audit and Scrutiny Panel is clear as
well as the role of members and the expectations of
them. 
All members of the Audit and Scrutiny Panel have a
good and consistent level of awareness and
understanding of the purpose of the Audit and Scrutiny
Panel, its role in relation to the council’s governance
arrangements - including the approach and assessment
and prioritisation process for scrutiny led by Panel
members - and there is an appreciation of the role they
have to play in scrutinising all information presented to
the Panel. 
Areas for improvement arising from the self-evaluation
exercise will be addressed, in particular the following: 
Q12.  73% of respondents considered that members of
the Panel either Partially or did Not have
appropriate knowledge and skills, or they Didn’t
Know if this was the case.
Q8.  73% of respondents considered that the Audit
and Scrutiny Panel had Not considered the wider
areas identified in CIPFAs Position Statement:
Audit Committees in Local Authorities (2018) and
whether it would be appropriate for the Panel to
undertake them, or they Didn’t Know if this was
the case.
Q14.  73% of respondents considered that either
Partially there were (or there were Not)
arrangements in place to support the Panel with
briefings and training, or they Didn’t Know if this
was the case.
1.2 Develop and deliver a training
programme that includes all relevant
aspects of Scrutiny and covers (a) the
role of Scrutiny in terms of ensuring the
council can demonstrate Best Value
through the existence of robust
arrangements for performance reporting
and scrutiny, and (b) the approach to
scrutiny led by members of the Panel
and the supporting assessment and
prioritisation process. 
Chief Officer
(Business and
Digital)
By the end of
2023/24.
All members of the
Audit and Scrutiny
Panel attend the annual
session.
1.3  As part of the programme for the
sessions at 1.1 and 1.2 above, further
discussions to be held with members of
the Audit and Scrutiny Panel to identify
potential areas for briefings and further
training requirements.
Chief Officer (Audit
and Risk) / Chief
Officer (Business
and Digital)
By the end of
2023/24.
All members of the
Audit and Scrutiny
Panel attend the annual
sessions for (i) Audit
and Risk and (ii)
Scrutiny to participate
in the discussions.
1.4 Develop an online e-learning module for
LearnNL to provide a means to raise
awareness of the work of the Audit and
Scrutiny Panel for new members prior to
undergoing the face-to-face training on
an annual basis.  This would also serve
as a refresher and information resource
Chief Officer (Audit
and Risk) / Chief
Officer (Business
and Digital) / Leader
and Talent
Development
Manager
Module developed
by the end of
2023/24. 
Completed annually
thereafter from
2024/25 onwards.
All members of the
Audit and Scrutiny
Panel complete the e-
learning module on
LearnNL on an annual
basis.
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Improvement actions Lead Target date Measures of success Outcomes
which members of the Panel would be
able to dip in and out of as required. 
(2) Ensure the Audit and Scrutiny Panel continues to effectively discharge its duties and can demonstrate that it adds value to the organisation.
2.1  Produce an annual report that
summarises all Audit and Risk elements
considered by the Audit and Scrutiny
Panel during the year and highlights the
impact of the work of the Panel.
Chief Officer (Audit
and Risk) 
Annual report for
2023/24 to be
submitted in cycle 4
of 2024.
Annual report to
committee.
Annual reports will raise awareness of the work of Audit
and Scrutiny Panel across the organisation. 
Areas for improvement arising from the self-evaluation
exercise will be addressed, in particular the following: 
Q22.  82% of respondents considered that the Panel
had either Partially or had Not evaluated whether
and how it is adding value to the organisation, or
they Didn’t Know if this was the case.
Q21.  73% of respondents considered that the Panel
had either Partially or had Not obtained feedback
on its performance from those interacting with
the Panel or relying on its work, or they Didn’t
Know if this was the case.
Q1.  54% of respondents considered that the role and
purpose of the Audit and Scrutiny Panel was
either Partially or Not understood and accepted
across the council.
2.2  Produce an annual report that
summarises all Scrutiny elements
considered by the Audit and Scrutiny
Panel during the year and highlights the
impact of the work of the Panel.
Chief Officer
(Business and
Digital) 
Annual report for
2023/24 to be
submitted in cycle 2
of 2024.
Annual report to
committee.
2.3  Continue to evaluate the effectiveness
of the Panel in discharging its duties -
initially through an annual check in and
self-evaluation in line with the principles
set out in CIPFAs Position Statement:
Audit Committees in Local Authorities
(2018), the supporting Audit Committees
Practical Guidance for Local Authorities
(2018) document, and the Best Value
Guidance (2020).   
The frequency of follow up self-
evaluations will be determined by the
extent of improvements required
following the 2024 self-evaluation
exercise.
Chief Officer (Legal
and Democratic)
September 2024. All members of the
Audit and Scrutiny
Panel engage in the
evaluation process. 
Outcome report and
improvement plan from
self-evaluation
concluded and
submitted to the Panel
for approval and
implementation.
An ongoing evaluation will ensure the Audit and
Scrutiny Panel remains effective in providing
“independent assurance to the council and those
charged with governance on the adequacy of the
council’s risk management framework and internal
control environment”. 
Areas for improvement arising from the self-evaluation
exercise will be addressed, in particular the following: 
Q3.  54% of respondents considered that Partially
there were arrangements in place to hold the
Panel to account for its performance operating
satisfactorily, or they Didn’t Know if this was the
case.
2.4 Continue to seek to improve the
effectiveness of the Panel by asking
Council to amend current governance
Chief Officer (Audit
and Risk) / Chief
By the end of
2023/24.
Members attending
Panel meetings have
appropriate training,
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Improvement actions Lead Target date Measures of success Outcomes
arrangements and remove the scope for
substitute members to attend Audit and
Scrutiny Panel meetings given the
importance of Panel members having
appropriate training, knowledge, and
understanding and recognising the role
that consistency in involvement has in
terms of ensuring ongoing Panel
effectiveness.
Officer (Legal and
Democratic)
knowledge, and
understanding of the
work of the Panel and
this is enhanced over
time through ongoing
and consistent
involvement in the
Panel’s business. 
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Page 54

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Page 55

North Lanarkshire Council
Report
Council 
Does this report require to be approved? ☐ Yes   ☒ No
Ref     Date 21/12/23 
Standards Commission Proceedings – Councillor Kenneth Duffy 
From  A Aitken, Chief Officer (Legal and Democratic)  
E-mail aitkena@northlan.gov.uk Telephone 07939 280102 
1. Background 
1.1 Following a complaint made to the Ethical Standards Commissioner, there was
submitted a report from the Commissioner for Scotland, regarding alleged
contraventions of the Councillors’ Code of Conduct by Councillor Duffy. 
Executive Summary 
The purpose of this report is to advise of the outcome of proceedings before the Standards
Commission for Scotland in relation to a complaint that Councillor Duffy had been guilty of
a breach of the Councillors’ Code of Conduct. 
Recommendations
It is recommended that Council consider the written findings of the proceedings before the
Standards Commission and note the outcome of the Hearing.  
The Plan for North Lanarkshire
Priority  All priorities
Ambition statement All ambition statements
Programme of Work All Programmes of Work
Item 7
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2. Report 
2.1 A Hearing was held on 29 September 2023 by the Standards Commission for Scotland
in relation to a complaint against Councillor Duffy. The Ethical Standards Commissioner
had investigated the complaint and concluded that Councillor Duffy had breached
paragraph 3.10 of the Councillors' Code of Conduct. The Hearing decided that there
had been such a breach. 
2.2 The decision of the Hearing was to censure Councillor Duffy in terms of section 19(1)(a)
of the Ethical Standards in Public Life Etc. (Scotland) Act 2000. 
2.3 Section 18 of the Act requires that the Standards Commission, following a hearing,
must provide a copy of its findings to the Council and that the Council must consider
those findings within three months of receiving them, or within such longer period as
the Commission may specify. Further, the duty imposed on the Council to consider the
findings is to be discharged only by the Council itself and not by a Committee, Sub-
Committee or officer. This report and the attached decision from the Standards
Commission are submitted to the Council in accordance with the requirements of that
Act. 
3. Measures of success 
3.1  All Elected Members were provided with information and advice from the Monitoring
Officer as part of the new Members' Induction Programme 2022 on their obligations
and duties to adhere to the Councillors' Code of Conduct. Adhering to the advice and
information provided and, where any lack of clarity exists, seeking further advice from
the Monitoring Officer, would mitigate against any actions required to be taken by the
Standards Commission for Scotland due to a breach, or perceived breach, of the Code
of Conduct.   
4. Supporting documentation 
Appendix 1 - Decision of the Hearing Panel of the Standards Commission for Scotland
held on 29 September 2023. 
Archie Aitken
Chief Officer (Legal and Democratic) 
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5. Impacts 
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 been discussed and agreed with Finance? 
Yes ☐ No ☐ 
If Yes, please provide a brief summary of the impact? 
5.3 HR policy impact 
Does the report contain any HR policy or procedure impacts? 
Yes ☐ No ☒ 
If Yes, have all relevant HR impacts 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 been discussed and agreed with Legal and
Democratic? 
Yes ☐ No ☐ 
If Yes, please provide a brief summary of the impact? 
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 ☐
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? 
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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. 
5.11 Children’s rights and wellbeing impact 
Does the report contain any information regarding any council activity, service
delivery, policy, or plan that has an impact on children and young people up to the
age of 18, or on a specific group of these? 
Yes ☐ No ☒ 
If Yes, please provide a brief summary of the impact and the provision that has been
made to ensure there has been appropriate consideration of the relevant Articles
from the United Nations Convention on the Rights of the Child (UNCRC). 
If Yes, has a Children’s Rights and Wellbeing Impact Assessment (CRWIA) been
carried out? 
Yes ☐ No ☐ 
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Page 59

COUNCILLOR KENNETH DUFFY
NORTH LANARKSHIRE COUNCIL 
Page 1 of 12
Decision of the Hearing Panel of the Standards Commission for Scotland following the
Hearing held at the Sir John Wilson Town Hall, Airdrie, on Friday 29 September 2023. 
Panel Members: Suzanne Vestri, Chair of the Hearing Panel 
Ashleigh Dunn 
Helen Donaldson 
The Hearing arose in respect of a Report referred by Ian Bruce, the Ethical Standards Commissioner (the ESC),
further to complaint reference LA/NL/3705, concerning an alleged contravention of the Councillors’ Code of
Conduct dated December 2021 (the Code) by Councillor Kenneth Duffy (the Respondent). 
The Respondent represented himself. The ESC was represented by Sarah Pollock, the ESC’s Hearings Officer. 
Referral
Following an investigation into a complaint received on 2 February 2022 about the conduct of the
Respondent, the ESC referred a report to the Standards Commission on 5 July 2023, in accordance with the
Ethical Standards in Public Life etc. (Scotland) Act 2000 (the 2000 Act). 
The ESC advised that he had considered, on the face of it, that the Respondent had failed to comply with
paragraphs 3.10, 7.1, 7.4 and 7.5 of the Code, the relevant parts of these being as follows: 
Respect and courtesy
Paragraph 3.10
I will follow the Protocol for Relations between Councillors and Employees at Annex A and note that a breach
of the Protocol will be considered a breach of this Code. I will also comply with any internal protocol the
Council has on councillor / employee relations.
Annex A - Protocol for Relations between Councillors and Employees
2. Councillors and employees should work in an atmosphere of mutual trust and respect, with neither party
seeking to take unfair advantage of their position or influence.
24. Councillors and employees both have a responsibility to project a positive image of the Council and should
avoid making any public comments that could bring it into disrepute. 
Taking decisions on quasi-judicial or regulatory applications
Paragraph 7.1
I need to be especially vigilant when I am making a decision on a quasi-judicial or regulatory application. For
these applications, I need to ensure there is a proper and fair hearing of the application and I must avoid any
impression of bias in the whole decision-making process.
Paragraph 7.4
In dealing with these applications, I WILL: 
a. throughout my involvement with the entire application process act fairly and be seen to act fairly.
Paragraph 7.5
In dealing with such applications, I WILL NOT: 
a. pre-judge or demonstrate bias or be seen to pre-judge or demonstrate bias; 
b. indicate or imply support for or opposition to an application nor indicate my voting intention prior to the
appropriate meeting where the application will be considered; 
c. in advance of the decision-making meeting, attempt to influence employees to adopt a particular position
as that would imply that I am prejudiced in my decision-making; 
d. lobby other councillors who may be dealing with the application; 
e. express any view on the application before the appropriate meeting where the application will be
considered. If I do so I will not participate in any aspect of the decision-making nor vote on the application; 
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COUNCILLOR KENNETH DUFFY
NORTH LANARKSHIRE COUNCIL 
Page 2 of 12
f. formulate my conclusions on an application until all available information is to hand and has been duly
considered by me at the meeting where the application will be considered; 
g. express any indicative or provisional views in the course of my involvement in any aspect of the
application; or 
h. otherwise act improperly or do anything which could reasonably create a perception that I have acted
improperly. 
The ESC advised that he had concluded, however, that a restriction on the Respondent’s right to freedom of
expression under Article 10 of the European Convention on Human Rights (ECHR), that a finding of breach
and the subsequent imposition of a sanction would entail, could not be justified. 
The Standards Commission nevertheless decided it was both proportionate and in the public interest to hold
a Hearing. This was because the Standards Commission noted that the ESC had concluded that, on the face
of it, there was evidence of a breach of the Code and considered that the alleged breach was not of an
insignificant or of a technical, minor nature. 
EVIDENCE PRESENTED AT THE HEARING 
Joint Statement of Facts
The Panel noted that a Joint Statement of Facts had been agreed between the ESC and the Respondent, in
which it was agreed that the Respondent was acting in his capacity as a councillor at the time of the conduct
in question, and, as such, the Code applied. 
It was further noted, in the Joint Statement of Facts, that there was no dispute that, on 17 January 2022, the
Respondent had a telephone conversation with a journalist relating to a planning application in respect of
rail freight development at the site of the former Ravenscraig steelworks. Information relating to the
application had appeared in a subsequent media article published later that day, entitled ‘Councillor reveals
controversial Ravenscraig rail freight terminal to be rejected by planners’. The Joint Statement of Facts
recorded that the Respondent had not had sight of the article before it was published. It further recorded
that, following consultation with council officers, the Respondent did not attend the meetings of the Council’s
Planning Hearings Committee or full Council, on 15 December 2022, at which the decision on the application
was made. 
Submissions made by the ESC’s Representative
The ESC’s representative advised that there was significant opposition to the planning application, from the
local community, politicians and businesses, with over 600 objections being submitted on various grounds,
including that it was contrary to the Local Development Plan. The ESC’s representative further advised that
as the application concerned a significant development, it was classed as a ‘National Development’, meaning
it required to be considered by the Council’s Planning Hearings Committee before a final decision was taken
by full Council. 
The ESC’s representative noted that the Respondent was quoted in the media article of 17 January 2022 as
stating that he was “pleased” to impart the news that a vote on the application would be taken in February.
The Respondent was further quoted as stating that the local community action group, “will be no doubt
heartened that the recommendation from planners will be for refusal but that in line with the rules governing
elected members I will not be expressing my opinion on this development until I have had the opportunity to
vote”. 
The ESC’s representative advised that the ESC had firstly considered whether the Respondent had disclosed
confidential information to the journalist. The ESC’s representative drew the Panel’s attention to an email
sent by the Respondent to the Council’s Executive Director of Enterprise and Communities, on 12 January
2022, in which he asked whether the application would be determined by full Council or a planning Page 60 of 72

Page 61

COUNCILLOR KENNETH DUFFY
NORTH LANARKSHIRE COUNCIL 
Page 3 of 12
committee. In a response email that day, the Executive Director of Enterprise and Communities advised that
the application would be considered by the Planning Hearings Committee before being determined by full
Council. The Executive Director of Enterprise and Communities noted that officers were doing everything
they could “to have everything in place for the meetings to be held in February”. The ESC’s representative
noted that this response made no reference to what any recommendation from officers might be, in respect
of the application or its status. The ESC’s representative further noted that while the response indicated that
the matter could be referred for committee consideration as early as February, no firm commitment was
provided to that effect. 
The ESC’s representative advised that after the media article was published, the Council conducted an
internal inquiry to determine whether council officers had inappropriately disclosed confidential information
about the status of the application, or what their recommendation would be, to the Respondent that he
thereafter passed to the journalist. The ESC’s representative noted that no evidence had been found to
suggest any such information had been disclosed by officers to the Respondent or the media. The ESC’s
representative advised that the ESC had concluded, therefore, that the Respondent had not breached the
confidentiality provisions in the Code. 
The ESC’s representative advised, however, that the ESC had proceeded to consider whether the Respondent
had disclosed inaccurate information about the application to the journalist and, if so, whether this had the
potential to influence the decision that was to be made in respect of it. 
The ESC’s representative contended that it was evident that the information in the article’s quote, attributed
directly to the Respondent, to the effect that the recommendation from planners would be to refuse, was
incorrect at the time of publication. The ESC’s representative drew the Panel’s attention to various
contemporaneous emails from council officers indicating that, as further information was awaited from the
applicant, the planning service was still considering the matter and had not yet reached a decision on whether
to recommend the application be approved. The emails further made it clear that no decisions had been
made in respect of the dates that the application was to be put to either the Planning Hearings Committee
or full Council. 
The ESC’s representative submitted, therefore, that at the time of the article’s publication there was:
• no evidence that officers had disclosed information about what their recommendation would be to the
Respondent; and
• no factual basis for the statement in the quote to the effect that officers would recommend refusal.
The ESC’s representative advised, therefore, that the ESC had concluded that the statement the Respondent
had given to that effect was simply his opinion in respect of what he thought was likely to happen. 
The ESC’s representative noted that while the Respondent could not be held responsible for how the
journalist framed any quote he had provided, there was no evidence or suggestion he had asked for the
published one to be amended or that he had raised concerns that it did not reflect accurately what he had
said. 
The ESC’s representative then addressed whether the Respondent’s conduct, in suggesting what the
recommendation on the application would be, could be considered reasonably as an attempt to influence
either officers or other councillors in their decision-making. The ESC’s representative noted that the
Respondent was quoted in the article as stating that he would not be expressing any view on the merits of
the application until he had the opportunity to vote on it. The ESC’s representative advised, however, that
this statement was made after the one to the effect that a local community action group would be
‘heartened’ to learn that officers would be recommending refusal. The ESC’s representative noted that the
application was of a high-profile nature, which had generated significant opposition in the local community.
The ESC’s representative submitted that the Respondent’s actions, in providing incorrect information about
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NORTH LANARKSHIRE COUNCIL 
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the status of the application and recommendation to be made by officers, could be interpreted as an attempt
to pressure officers into recommending refusal and to prompt them to take action to set dates for
consideration of the application by the Planning Hearings Committee and full Council. The ESC’s
representative suggested that the Respondent could have done so deliberately, in an attempt to curry favour
with the local community, for political gain. The ESC’s representative contended, in support of this
supposition, that the failure by the Respondent to correct the quote in the article suggested that he was
content to let it stand.   
The ESC’s representative noted that the Respondent’s position was that while he did not recall the details of
his conversation with the journalist, he accepted the quote attributed to him about the officers’
recommendation was incorrect. The ESC’s representative indicated that the Respondent’s position was that
he had based his understanding on what the recommendation was likely to be on what he had been told
about the application by local businesses. The Respondent’s position was that he had intended to reflect his
opinion on that and had not been making any attempt to influence the recommendation or subsequent
decision-making. The ESC’s representative noted, however, that the information in the quote was presented
as fact, rather than opinion, and suggested that it would have been understood by anyone reading the article
as such. 
Turning to the application of the Code, the ESC’s representative argued that it would be reasonable for
members of the public reading the article to assume that the contents of the Respondent’s quote were
accurate and to conclude, therefore, that officers had disclosed confidential information about their
recommendation and the timetable for consideration of the application. The ESC’s representative contended
that this gave the impression that officers had behaved improperly and could have led to their integrity being
questioned. The ESC’s representative noted that Annex A of the Code, being the protocol for relations
between elected members and council officers, requires both councillors and employees to work in an
atmosphere of mutual trust and respect, with neither party seeking to take unfair advantage of their position
or influence. It further requires councillors and employees to project a positive image of the Council and to
avoid making any public comments that could bring it into disrepute. The ESC’s representative contended
that, by making public comment that could bring officers and the Council into disrepute, the Respondent
had, on the face of it, failed to comply with the protocol, in breach of paragraph 3.10 of the Code. 
The ESC’s representative noted that paragraph 7.1 of the Code requires councillors to ensure there is a proper
and fair hearing of a planning application and to avoid any impression of bias in the whole decision-making
process. Paragraphs 7.4 and 7.5 require councillors to act fairly and without bias and to ensure they are seen
to be acting fairly and without bias throughout their involvement with the entire application process.
Paragraph 7.5 further states that, in advance of any decision-making meeting, councillors must not attempt
to influence officers to adopt a particular position as that would imply that the councillor is prejudiced in
their decision-making. The ESC’s representative advised that, having taken advice from officers, the
Respondent did not take part in the decision-making on the application. The ESC’s representative contended,
nonetheless, that his actions, in providing incorrect information about the recommendation and status of
the application, had the potential to undermine public confidence in the Council’s process. The ESC’s
representative further contended that the fact the Respondent did not take part in the decision-making,
despite having been due to do so, was a tacit admission that his conduct could have given the impression of
unfairness or bias and was incompatible with the Code. 
While the ESC’s representative accepted that it was not clear that the Respondent had been intending or
seeking to influence officers or fellow elected members, she contended that the quote attributed to him in
the article could be perceived as an attempt to do so. Such comments could also potentially undermine the
process, leaving it open to allegations of unfairness. The ESC’s representative reiterated that the application
had attracted significant interest from the local community for more than two years and strong opposition
from local action groups, businesses, and politicians from all sides. The ESC’s representative contended that,
given this, it would not be unreasonable for members of the public to conclude that the Respondent may Page 62 of 72

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NORTH LANARKSHIRE COUNCIL 
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have chosen to advance selected information, that accorded with the majority view, in order to secure
political gain. The ESC’s representative argued, therefore, that the Respondent had either knowingly or
inadvertently failed to avoid the perception that he was biased and was attempting to influence officers and
other councillors to adopt a particular position in respect of the application. 
As such, the ESC’s representative contended that, on the face of it, the Respondent had also contravened
paragraphs 7.1, 7.4 and 7.5 of the Code. 
The ESC’s representative nonetheless noted the Respondent had a right to freedom of expression under
Article 10 of the European Convention on Human Rights (ECHR). The ESC’s representative noted that the
Respondent had spoken to the journalist to discuss the planning application in his capacity as an elected
member. The ESC’s representative argued, therefore that the conversation took place in a political context
and that it concerned a matter of public concern. As such, he was entitled to the enhanced protection of his
Article 10 rights afforded to politicians when discussing matters of public interest or concern. 
The ESC’s representative contended that a restriction on the Respondent’s Article 10 rights would be justified
if it was determined that he was responsible for disclosing confidential information. There was, however, no
evidence whatsoever that confidential information had been passed by any council officer to the
Respondent. Indeed, at the time the Respondent spoke to the journalist, more information was still required
from the applicant who had made the planning application and no formal dates had been set for the Planning
Hearings Committee and the subsequent full Council meeting which would make the ultimate decision on
the application. 
The ESC’s representative noted, however, that the ESC had found that the Respondent had provided
misleading comments on the application and that he had potentially done so to improve his standing with
the local community and to influence the outcome of the application. The ESC’s representative noted that
politicians often make speculative comments to the media, based on their opinions, and reiterated that the
Respondent did not take part in the decision-making on the application. The ESC’s representative noted that
paragraph 7.5 of the Code distinguishes between providing commentary on an application in advance, and
participating in the decision-making process, in that it states that councillors should not express any view on
the application before the appropriate meeting where the application will be considered and that if they did
so, then they would not be able to participate in the decision-making or voting on the application. The ESC’s
representative advised that, in the circumstances, the ESC was not persuaded that a restriction on the
Respondent’s enhanced right to freedom of expression, that a finding of a breach of the Code and imposition
of a sanction would entail, was justified. 
In response to a question from the Panel about who could have been influenced by the Respondent’s conduct
and why, the ESC’s representative noted that, at the time of his conversation with the journalist, the Council
was still awaiting information from the applicant and, further, that the application was not considered by the
planning committee and full Council until December 2022, being some 11 months later. The ESC’s
representative accepted, therefore, that a significant period of time had elapsed between the publication of
the article and the conclusion of the application process, meaning its contents could have had less impact.
The ESC’s representative suggested, however, that it was equally arguable that the fact that incorrect
information to the effect that officers were recommending the application be refused was in the public
domain for a significant amount of time could have led members of the public to understand it was to be
rejected, which in turn could have had the potential to influence officers and other elected members. 
The ESC’s representative acknowledged, in response to another question from the Panel, that the
Respondent’s decision not to take part in the decision-making on the application was not necessarily a tacit
admission that his conduct was incompatible with the Code, given he may have been following advice from
officers. The ESC’s representative noted, nevertheless, that it was apparent from the article that the
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NORTH LANARKSHIRE COUNCIL 
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Respondent had intended to take part in the decision-making and the fact that he did not then do so could
at least be perceived, therefore, as an admission that his participation could have been problematic. 
In response to questions from the Panel about the application of Article 10, the ESC’s representative argued
that while the Respondent’s comments concerned a planning application, being a quasi-judicial matter, they
were not made in the context of a quasi-judicial or regulatory forum, such as a planning meeting. The ESC’s
representative contended that the Respondent had simply been providing an opinion, albeit she accepted
this had been presented in the article as fact. 
Submissions made by the Respondent
The Respondent advised that he had initiated the email exchange with officers that led to the one to him
from the Council’s Executive Director of Enterprise and Communities on 12 January 2022 (being five days
before he spoke to the journalist), in order to establish the process for consideration of the application. The
Respondent advised that the journalist had contacted him on 17 January 2022, by telephone, to seek an
update on the progress of the planning application, having been told previously by the Respondent that it
was likely he would be able to provide an update in the new year. The Respondent confirmed that he had
not been given any information by officers, as to what their recommendation would be in respect of the
planning application, before he spoke to the journalist. The Respondent advised that while he could not recall
exactly what he had said to the journalist during their discussion, his intention had been to convey that he
believed the recommendation would be to reject the application. 
The Respondent accepted that he was aware, during the telephone call, that he could be quoted directly in
any resulting article albeit he considered with the benefit of hindsight, that the content of the quote did not
reflect what he had intended to convey. The Respondent acknowledged, in this regard, that the article
reported the information he had provided as fact, rather than as opinion, as he had intended. 
The Respondent noted, nonetheless, that while the information contained in the quote attributed to him,
about the officers’ recommendation and status of the application, had been presented as fact it was, in any
event, incorrect. The Respondent entirely rejected any suggestion that he had provided inaccurate
information deliberately in order to influence either the recommendation or the decision itself, albeit he
accepted the way the article was worded could give rise to a perception that he had done so. The Respondent
advised that his opinion on the expected recommendation was based on his discussions with contacts in the
building industry about the likelihood of the application being approved. 
The Respondent noted that he was not afforded an opportunity to check or correct the article before it was
published. The Respondent advised that he had been unhappy with the content as it did not reflect the point
he had been trying to get across, namely that he believed the application would be rejected. The Respondent
confirmed that he accepted that it would be reasonable for anyone reading the article to infer incorrectly
that officers had disclosed confidential information to him and, as such, he had apologised to the Council’s
Chief Executive at the time. The Respondent advised that, in order to avoid any similar situation from arising,
he now ensures that any and all contact he has with the press is in writing. 
In response to questions from the Panel, the Respondent advised that his motivation in speaking to the press
was to provide the community with an update on the progress of the application. The Respondent confirmed
that he had not attempted to contact the journalist to see if the article could be amended, as doing so had
not dawned on him. The Respondent noted, in any event, that even if he had wished to do so, by then the
information was already in the public domain and, further, that the placement of any corrections in the media
tended to make them easy to overlook. 
The Respondent noted that the way the quote was worded reflected how he might write, rather than speak.
While the Respondent accepted that the journalist would not have made up the information outlined in the
article, he noted that it was incorrect, in that no recommendation had been made at the time and no date Page 64 of 72

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NORTH LANARKSHIRE COUNCIL 
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had been arranged for the committee and full Council consideration of the application. The Respondent
contended, therefore, that he could not have provided a definitive timeframe and, instead, could only have
speculated on what this and the recommendation would be. 
The Respondent advised that, as Provost, he would have been expected to chair the full Council meeting on
15 December 2022. The Respondent confirmed that he had not attended the meeting, however, as he was
aware that some concerns had been expressed about the article and, having sought advice from officers, was
worried about how his participation may be perceived. The Respondent noted that had he been seeking
political gain, he would have attended the meeting and taken part in the discussion and decision-making, in
accordance with what his constituents would have wanted him to do. 
DECISION 
The Hearing Panel considered the submissions made both in writing and orally at the Hearing.  It concluded
that: 
1. The Councillors’ Code of Conduct applied to the Respondent, Councillor Duffy. 
2. The Respondent had breached paragraph 3.10 of the Code 
Reasons for Decision
Stage 1: Whether the Respondent’s conduct amounted, on the face of it, to a breach of the Code
In reaching its decision as to whether there had been a breach of the Code, the Panel took the following
three-stage approach, as outlined in the Standards Commission’s Advice Note on the Application of Article
10 of the ECHR. 
• First, it would consider whether the facts found led it to conclude, on the balance of probabilities, that
the Respondent had failed to comply with the Code. 
• Second, if so, it would then consider whether such a finding in itself was, on the face of it, a breach of
the Respondent’s right to freedom of expression under Article 10. 
• Third, if so, the Hearing Panel would proceed to consider whether the restriction involved by the
finding was justified by Article 10(2), which allows restrictions that are necessary in a democratic
society. 
The Panel noted that the neither the Council, during its internal inquiry, nor the ESC, had found any evidence
to suggest that officers had advised the Respondent, before his discussion with the journalist on 17 January
2022, that they intended to recommend the planning application be rejected. The Panel further noted that
the Respondent denied categorically having received any such information. In the circumstances, the Panel
was not satisfied, on the balance of probabilities, that the Respondent had disclosed, to the journalist,
information about the application that had been given to him in confidence. The Panel noted, in any event,
that this conclusion was supported by the fact that the information contained in the quote in the article of
17 January 2022, attributed to the Respondent, was incorrect. The Panel was satisfied, in this regard, that at
the time of the Respondent’s discussion with the journalist, further information was awaited from the
applicant, meaning that officers had not made a recommendation on the application and no timetable for its
consideration had been finalised.   
Having determined that the Respondent did not disclose confidential information to the journalist, the Panel
proceeded to consider whether the information about the officer’s recommendation or status of the
application had been presented, by the Respondent, to the journalist as fact and, if so, whether this had been
done deliberately in an attempt to influence either officers or other elected members.   
The Panel noted that information in the article, that purported to quote from the Respondent, regarding the
potential timing of when a decision on the application would be made, appeared to reflect the content of Page 65 of 72

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NORTH LANARKSHIRE COUNCIL 
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the emails the Respondent had exchanged with officers the week before. The Panel considered, therefore,
that this indicated it was likely that information about the proposed timetable for consideration of the
application had been presented to the journalist as fact. 
The Panel noted that the Respondent’s position was that while he could not recall exactly what had been
said during his conversation with the journalist, he was confident that he would not have presented
information about the recommendation from officers as fact, given he had not been told what this would be.
The Panel noted, however, that the article purported to quote from him directly. The Panel considered the
Respondent could have contacted the journalist to ask for the article to be amended if he was of the view
that it did not truly reflect their discussion. The Panel nevertheless accepted the Respondent’s position that
doing so may not have made any difference, given the information in the article was now already in the public
domain. 
The Panel was of the view, nevertheless, that it was unlikely the journalist would have made up information
about the officers’ recommendation and therefore was satisfied, on balance, that the Respondent must have
at least given an indication of what he believed the recommendation would be. In reaching this conclusion,
the Panel again noted that other aspects of the quote attributed to him in the article appeared correct. 
The Panel noted, nonetheless, that there was no evidence that officers had told the Respondent what their
recommendation was, or was likely, to be. In the circumstances, the Panel accepted that any information the
Respondent gave about the likely recommendation may well have been based on his knowledge of the
application and the reasons behind the opposition to it, as well as his understanding of its compatibility or
otherwise with the Local Development Plan. 
The Panel considered, however, that members of the public, on reading the article, may have believed that
council officers had acted inappropriately in providing information about their recommendation to the
Respondent. This was because that information would have been confidential, and also because further
details were still awaited from the applicant. The Panel considered that the suggestion that council officers
had revealed prematurely their recommendation on a potentially controversial and high-profile matter had
the potential to bring the Council into disrepute. 
As such, the Panel was satisfied that, on the face of it, the Respondent had breached the Protocol for
Relations between Councillors and Employees and, in turn, paragraph 3.10 of the Code. 
The Panel observed that, at the time of the article, it would have been reasonable for anyone reading it to
expect that the Respondent would participate in the decision-making on the application, given it was a
decision to be made by all North Lanarkshire councillors. 
The Panel further observed that the Respondent was quoted as stating that he would not be expressing a
view on the application until it was before him for decision-making. The Panel considered, however, that it
was reasonable for anyone reading the article to infer that the Respondent was against the application. This
was because the quote attributed to the Respondent referred to him being ‘pleased’ to be able to make
available the purported news about when the application would be considered. The quote further suggested
that a local community action group would likely be ‘heartened’ that the recommendation would be to reject
the application in the same sentence as the reference to his intention to vote on the matter. 
The Panel nevertheless agreed with the ESC’s representative that paragraph 7.5 of the Code distinguishes
between providing commentary on a planning application in advance, and participating in the decision-
making process. The Panel noted that the Code states that councillors should not express any view on an
application before the appropriate meeting where it will be considered and that if they did so, then they
would not be able to participate in the decision-making or voting on the application. 
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NORTH LANARKSHIRE COUNCIL 
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While the Panel accepted that the Respondent had indicated he intended to take part in the decision-making,
it noted that, ultimately, he did not do so.  The Panel was not satisfied, therefore, that the Respondent had
failed to act fairly or been seen to act fairly, or that he had pre-judged or demonstrated bias before
considering the application, in breach of paragraphs 7.4 or 7.5 of the Code. 
The Panel noted that paragraph 7.1 of the Code requires councillors to be “vigilant” when making decisions
on planning applications. It further requires them to ensure a proper and fair hearing of the application and
notes that they must avoid any impression of bias in the whole decision-making process. The Panel again
noted that the Respondent had not taken part in the decision-making on the application. The Panel further
noted that it had been unable to determine, categorically, that he had presented information about the
officers’ recommendation to the journalist as fact. The Panel considered, in any event, that disclosing
information (factual or otherwise) about what the recommendation would be, or was likely to be, would not
in itself give the impression that the Council was biased against the application. The Panel accepted that, if
they had seen the article, the applicant may have questioned why a recommendation had been made before
all information had been submitted and considered. The Panel was of the view, however, any such impression
could have been dispelled relatively easily, had officers been challenged, given that it was incorrect. The
Panel further agreed that there was no evidence to suggest that the Respondent’s actions prevented the
Council from giving the application a fair and proper hearing. The Panel was unable to conclude, therefore,
that the Respondent had breached paragraph 7.1 of the Code. 
The Panel noted that, in respect of planning applications, paragraph 7.5 of the Code states that councillors
should not attempt to influence officers to adopt a particular position, and should not lobby other councillors
who were to be involved in the decision-making. The Panel noted the ESC’s position was that the Respondent
had provided misleading comments on the application and that he had potentially done so to improve his
standing with the local community and to influence the outcome of the application. The Panel further noted
that the ESC considered the fact that incorrect information, to the effect that officers were recommending
the application be refused, was in the public domain for a significant amount of time, could have led members
of the public to understand it was to be rejected, which in turn could have had the potential to influence
officers and other elected members in their decision-making. 
The Panel was of the view, however, that a breach of the requirement in paragraph 7.5 for councillors to
refrain from any “attempt to influence employees to adopt a particular position” or to “lobby other
councillors who may be dealing with the application”, would involve some form of deliberate action or intent. 
The Panel was not satisfied that it had any evidence before it to determine, with any certainty, that the
Respondent had deliberately provided the journalist with inaccurate or misleading information. Instead, the
Panel found that it was likely the Respondent had simply given an indication of what he believed the
recommendation would be. The Panel noted that the ESC accepted, in his consideration of the application of
Article 10, that politicians often made speculative comments to the media, based on their opinions and,
further, that he accepted that it was not clear whether the Respondent had provided misleading information
knowingly or otherwise. 
While the Panel accepted the ESC’s representative’s point that it would not be unreasonable for members of
the public to conclude that the Respondent may have chosen to advance selected information, that accorded
with the majority view, in order to secure political gain, it noted this was different from attempting to
influence or lobby others involved in the decision-making to adopt the same view. Indeed, the Panel noted
that the Respondent could have also secured political advantage if opposition councillors had reached a
different view. 
The Panel was of the view that, in the absence of any evidence of any deliberate intent by the Respondent
to mislead or to influence or lobby officers or other elected members, it could not conclude that there had
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Stage 2: Whether any findings that the Code had been contravened would be a breach of the Respondent’s
right to freedom of expression under Article 10 of the ECHR
The Panel noted that enhanced protection of freedom of expression under Article 10 of the ECHR can apply
to all levels of politics, including at a local government level1. The Panel further noted that the Courts have
held that political expression is a broad concept and that there is little distinction between political discussion
and discussion of matters of public concern. 
The Panel accepted that the information that had been disclosed concerned a matter of public concern, being
the council’s consideration of a high-profile planning application. The Panel concluded, therefore, that the
Respondent benefitted from the enhanced protection of freedom of expression afforded to politicians under
Article 10 of the European Convention on Human Rights. 
Stage 3: Whether any restriction on the Respondent’s right to freedom of expression involved by a finding
of a contravention of the Code would be justified by Article 10(2) of the ECHR
The Panel noted, nevertheless, that the right to freedom of expression is not absolute. Article 10(2) allows
restrictions, such as the imposition of a sanction for a breach of a regulatory code of conduct, to be imposed
to enable local government to function effectively and to ensure the council or office of a councillor is not
brought into disrepute. This is provided that any restriction is for relevant and sufficient reasons and is
proportionate to the legitimate aim being pursued. 
The Panel noted that it was required to undertake a balancing exercise, weighing the right to freedom of
expression enjoyed by the Respondent (and particularly the enhanced right to which he was entitled in this
case), against any restriction imposed by the application of the Code and the imposition of any sanction. 
The Panel noted, in this case, that it had not found any evidence that the Respondent had provided
misleading information to the journalist deliberately. The Panel considered, however, that the Respondent’s
actions, in failing to make it clear that he was only expressing an opinion about what the recommendation
from officers on the application might be, resulted in an article being published that left a clear impression
that officers had acted improperly. The Panel was of the view that this had the potential to erode the
important relationship between councillors and officers and to bring the Council into disrepute.   
In this case, the Panel was satisfied that a restriction on the Respondent’s right to freedom of expression that
that a finding of a breach of the Code and imposition of a sanction would entail was necessary, sufficient and
proportionate to:
• protect the bond between officers and elected members; and
• maintain the public confidence in council officers, the council itself and the council’s decision-making
processes. 
As such, the Hearing Panel determined that the imposition of a restriction in the circumstances was relevant,
sufficient, and proportionate. The Hearing Panel concluded, therefore, that it was satisfied that a finding of
breach, and subsequent application of a sanction, would not contravene Article 10. 
Evidence in Mitigation
The Respondent advised that he always tried to display the highest possible standards of conduct as he
recognised the importance of doing so, particularly in respect of encouraging involvement in political and
community matters from under-represented groups in society. The Respondent noted that he had never
previously been the subject of any complaint or referral to the Standards Commission and that he had co-
operated fully with the investigative and adjudicatory process.   
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NORTH LANARKSHIRE COUNCIL 
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The Respondent advised that he always sought to work effectively with officers and proactively in the best
interest of his constituents. The Respondent drew the Panel’s attention to a character reference supplied by
a local community action group.   
The Respondent reiterated that he had not intended to cause any difficulties for officers and again apologised
for having done so. 
SANCTION
The decision of the Hearing Panel was to censure the Respondent, Councillor Duffy. 
The sanction was made under the terms of section 19(1)(a) of the Ethical Standards in Public Life etc.
(Scotland) Act 2000. 
Reasons for Sanction
In determining the appropriate sanction, the Panel considered:
• first, whether the interference (i.e. the proposed sanction) was the minimum necessary, or whether
less restrictive means could be employed; and then
• secondly, whether the benefit of that least necessary measure outweighs its adverse impact on the
Respondent’s right to freedom of expression. 
In making its decision in sanction, the Panel had regard to the Standards Commission’s Policy on the
Application of Sanctions. A copy of the policy can be found on the Standards Commission’s website, here:
https://www.standardscommissionscotland.org.uk/cases/hearing-rules. The Panel began by assessing the
nature and seriousness of the breach of the Code.
The Panel noted that the requirement for councillors to comply with the protocol for relations between
elected members and council officers is a fundamental part of the Code, as a failure to do so can impede the
effective functioning of the Council and, further, can bring it into disrepute. The Panel noted, in this case,
that the Respondent’s conduct resulted in an article being published that left a clear impression that officers
had acted improperly. The Panel noted that not only did this have the potential to reduce public confidence
in the Council, but it also resulted in further work for officers, who were obliged, as a result, to undertake an
internal inquiry and to respond to concerns.
The Panel proceeded to consider whether there were any aggravating and mitigating factors as set out in the
Policy on the Application of Sanctions, beginning with those in mitigation. The Panel noted that mitigating
factors are those which may lessen the severity or culpability of the breach.
The Panel noted, in mitigation, that the Respondent had co-operated fully with the investigative and Hearing
processes. The Panel noted the character reference from the community group to the effect that the
Respondent demonstrated an outstanding commitment to public service, by listening to and representing
local families, addressing individual casework concerns, and making a positive impact on the community he
represents. The Panel further accepted the Respondent’s position that he had not intended to create
difficulties for officers and noted that he had apologised for doing so at the time.
The Panel then proceeded to consider the aggravating factors; being ones that may increase the severity or
culpability of the breach. 
The Panel considered that the Respondent’s conduct, in making public comment that suggested officers had
failed to act in accordance with proper process, had the potential to damage both their reputation and the
reputation of the Council itself.
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COUNCILLOR KENNETH DUFFY
NORTH LANARKSHIRE COUNCIL 
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The Panel nevertheless concluded that the Respondent’s conduct did not warrant a more serious sanction
than censure. This was because there was no evidence of serious aggravating factors such as dishonesty or
repeated behaviour over a long period of time. The Panel also noted that the Respondent had immediately
apologised to Council officers, expressed regret and had never previously been the subject of a referral from
the ESC. Further, the Panel had no reason to consider that the outcome of the planning application had been
affected by the Respondent’s conduct. 
Right of Appeal
The Respondent has a right of appeal in respect of this decision, as outlined in Section 22 of the Ethical
Standards in Public Life etc. (Scotland) Act 2000, as amended. 
Date:  6 October 2023 
Suzanne Vestri
Chair of the Hearing Panel 
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Notice of Question Procedure – Standing Order 51
Council Meeting - Thursday, 21 December 2023 
Question Posed
by Councillor
(1) What is the cost of posting requested Committee papers to members per
cycle compared to the projected fuel cost of each of those members to
travel to and from the Civic to collect papers?
Robinson
(2) Is there any reason the Planning Committee should not take place in the
Chamber?
Carragher
(3) Can North Lanarkshire Council expect future policy announcements
relating to the business of this Council to be made by the Leader of the
Council or the Leader of the Labour Party in Scotland?
Carragher 
Item 13
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