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Use of Proxy Votes by Elected Members Absent Due to Family Leave

North Lanarkshire Council · 15 December 2022
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North Lanarkshire Council
Report
Council 
Does this report require to be approved? ☐ Yes   ☒ No
Ref  Date 15/12/22 
Use of Proxy Votes by Elected Members Absent Due to Family
Leave 
From  Head of Legal and Democratic Solutions  
E-mail rosean@northlan.gov.uk Telephone 07951 409714 
1. Background 
1.1 At its meeting on 29 September 2022, adjourned to 4 October 2022, the Policy and
Strategy Committee considered a report from the Head of Legal and Democratic
Solutions regarding guidance issued by COSLA on the subject of Family Leave for
elected members. 
1.2 At that meeting, and following consideration of an Amendment to the report which had
been moved, the Committee agreed:- 
“that a report be submitted to the Council meeting in December 2022 setting out options
on whether Elected Members on parental leave could be entitled to nominate one other
Elected Member to act as their proxy for any vote within Council meetings to avoid
pressure on parents to attend meetings during parental/family leave.” 
Executive Summary 
Following consideration of a report on Family Leave for Elected Members at the meeting
of the Policy and Resources Committee, this report seeks to clarify the position regarding
the use of Proxy Votes for elected members who may be absent due to family leave. 
Recommendations 
Council is asked to note that the use of Proxy votes for elected members is unavailable
as this would be in conflict with the terms of the Local Government (Scotland) Act 1973.  
The Plan for North Lanarkshire
Priority  Improve North Lanarkshire's resource base
Ambition statement (24) Review and design services around people, communities, and
shared resources

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Report 
2. Proxy Votes 
2.1 A “Proxy” vote is deemed to be where one elected member who is absent, provides
authority for another elected member to vote on their behalf, thereby providing the
second member with two votes at meetings of the Council or its committees. 
2.2 The use of a Proxy vote is different to the process outlined in Standing Orders which
permits members who may be absent from a meeting to appoint a named substitute
(subject to certain restrictions as detailed in Standing Orders). 
Local Government (Scotland) Act 1973 
2.3 The Local Government (Scotland) Act 1973 is the primary legislation which specifies
how the business of local authorities will be run. 
2.4 Paragraph 5 of Schedule 7 of the Act states that “all questions coming or arising
before a council shall be decided by a majority of the members of the Council present
and voting thereon at a meeting of the Council.” Members are requested to note the
word “present” included in the text.
2.5 Legal advice has been sought and it has been confirmed that no elected member may
participate in a meeting of the Council or one of its committees unless they are present.
Therefore, the use of a proxy vote is not considered permissible. 
2.6 It is noted that other bodies, such as various Parliaments, may make use of Proxy
votes, however, Council is asked to note that these organisations are not subject to the
same legislation as local authorities and that they may, therefore, be entitled to offer
their elected representatives the option to utilise proxy voting. 
Use of Substitute Members 
2.6 Council is asked to bear in mind that the Standing Orders of the Council enables
political groups to nominate three elected members per committee who may attend as
a substitute should another member from that same political group be absent. This
service remains unchanged and will continue to be available and can be utilised for any
elected member who is absent on Family Leave. 
2.7 A substitute member is not available for meetings of the Council, by virtue that all
members attend these meetings, and with proxy votes being not permissible, this will
mean that the elected member who is on leave would not be able to vote, or have a
vote cast on their behalf, at meetings of the Council. 
3. Measures of success 
3.1 All elected members are aware of the consequence of being absent from meetings of
the Council and its committees, and the options available to political groups to ensure
that they are fully represented at committee meetings.

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4. Supporting documentation 
None 
Archie Aitken
Head of Legal and Democratic Solutions

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5. Impacts ( http://connect/report-template-guidance ) 
5.1 Public Sector Equality Duty and Fairer Scotland Duty
Does the report contain information that has an impact as a result of the Public
Sector Equality Duty and/or Fairer Scotland Duty?
Yes ☐ No ☒
If Yes, please provide a brief summary of the impact? 
If Yes, has an assessment been carried out and published on the council’s website?
https://www.northlanarkshire.gov.uk/your-community/equalities/equality-and-fairer-
scotland-duty-impact-assessments
Yes ☐ No ☐
5.2 Financial impact
Does the report contain any financial impacts?
Yes ☐ No ☒
If Yes, have all relevant financial impacts have been discussed and agreed with
Financial Solutions?
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 have been discussed and agreed with People
and Organisational Development?
Yes ☐ No ☐
If Yes, please provide a brief summary of the impact? 
5.4 Legal impact
Does the report contain any legal impacts (such as general legal matters, statutory
considerations (including employment law considerations), or new legislation)?
Yes ☒ No ☐
If Yes, have all relevant legal impacts have been discussed and agreed with Legal
and Democratic Solutions?
Yes ☒ No ☐
If Yes, please provide a brief summary of the impact?
The use of proxy votes is deemed to be incompatible with the Local Government
(Scotland) Act 1973. Therefore, proxy voting is not able to be used by elected
members at meetings of the council or at any of its committees.
5.5 Data protection impact 
Does the report / project / practice contain or involve the processing of personal
data?  
Yes ☐ No ☒
If Yes, is the processing of this personal data likely to result in a high risk to the data
subject?
Yes ☐ No ☐
If Yes, has a Data Protection Impact Assessment (DPIA) been carried out and e-
mailed to dataprotection@northlan.gov.uk 
Yes ☐ No ☐

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5.6 Technology / Digital impact
Does the report contain information that has an impact on either technology, digital
transformation, service redesign / business change processes, data management, or
connectivity / broadband / Wi-Fi?
Yes ☐ No ☒
If Yes, please provide a brief summary of the impact? 
Where the impact identifies a requirement for technology, has an assessment been
carried out (or scheduled) 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?