Agenda Document Pack - South Lanarkshire Council - 20/11/2024
South Lanarkshire Council · 20 November 2024
Back to South Lanarkshire Council — 20 November 2024 and its agenda
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Council Offices, Almada Street Hamilton, ML3 0AA Tuesday, 12 November 2024 Dear Councillor South Lanarkshire Council The Members listed below are requested to attend a meeting of the Council to be held as follows:- Date: Wednesday, 20 November 2024 Time: 10:00 Venue: Hybrid - Council Chamber, Council Offices, Almada Street, Hamilton, ML3 0AA The business to be considered at the meeting is listed overleaf. Yours sincerely Paul Manning Chief Executive Members Margaret Cooper (Provost), Bert Thomson (Depute Provost), Alex Allison, John Anderson, Ralph Barker, John Bradley, Walter Brogan, Robert Brown, Archie Buchanan, Mathew Buchanan, Janine Calikes, Andy Carmichael, Maureen Chalmers, Ross Clark, Gerry Convery, Poppy Corbett, Andrea Cowan, Margaret Cowie, Maureen Devlin, Colin Dewar, Mary Donnelly, Monique Equi, Joe Fagan, Allan Falconer, Grant Ferguson, Gladys Ferguson-Miller, Elise Frame, Alistair Fulton, Ross Gowland, Geri Gray, Lynsey Hamilton, Celine Handibode, Graeme Horne, Mark Horsham, Martin Hose, Cal Johnston-Dempsey, Gavin Keatt, Susan Kerr, Ross Lambie, Martin Lennon, Richard Lockhart, Eileen Logan, Katy Loudon, Hugh Macdonald, Julia Marrs, Ian McAllan, Catherine McClymont, Kenny McCreary, Lesley McDonald, Elaine McDougall, Mark McGeever, Davie McLachlan, Richard Nelson, Carol Nugent, Norman Rae, Mo Razzaq, Kirsten Robb, John Ross, Graham Scott, David Shearer, Helen Toner, Margaret B Walker, David Watson, Kirsty Williams 1
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BUSINESS 1 Declaration of Interests 2 Minutes of Previous Meeting Minutes of the meeting of South Lanarkshire Council held on 11 September 2024 submitted for approval as a correct record. (Copy attached) 5 - 14 3 Minutes of Petitions Committee Minutes of the meeting of the Petitions Committee held on 19 April 2023 submitted for approval as a correct record. (Copy attached) 15 - 18 4 Minutes of Risk and Audit Scrutiny Committee Minutes of the meeting of the Risk and Audit Scrutiny Committee held on 25 June 2024 submitted for noting. (Copy attached) 19 - 24 Item(s) for Decision 5 Amendments to Memberships of Committees etc. Report dated 5 November 2024 by the Executive Director (Finance and Corporate Resources). (Copy attached) 25 - 28 6 Mid-Term Review of Political Management Arrangements Supporting Documentation - Standing Orders on Procedures Report dated 18 October 2024 by the Executive Director (Finance and Corporate Resources). (Copy attached) 29 - 56 7 Touch a Life, Make a Difference Initiative Update Report dated 1 November 2024 by the Executive Director (Finance and Corporate Resources). (Copy attached) 57 - 60 8 Recommendation Referred by Executive Committee - Annual Investement Report 2023/2024 Report dated 13 November 2024 by the Chief Executive. (Copy to follow) 9 Notice of Motion - Full Funding from Extended Producer Responsibility Scheme Motion received in terms of Standing Order No 20 on 22 October 2024, proposed by Councillor Mark McGeever and seconded by Councillor Norman Rae. (Copy attached) 61 - 62 10 Notice of Motion - The Voluntary Sector and Disclosure Scotland Fees Motion received in terms of Standing Order No 20 on 30 October 2024, proposed by Councillor Robert Brown and seconded by Councillor Mark McGeever. (Copy attached) 63 - 64 11 Notice of Motion - Abolition of the Requirement for Panel Approval of Bus Franchising Motion received in terms of Standing Order No 20 on 4 November 2024, proposed by Councillor Joe Fagan and seconded by Councillor Maureen Devlin. (Copy attached) 65 - 66 2
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12 Notice of Motion - Women Against State Pension Inequality (WASPI) Motion received in terms of Standing Order No 20 on 4 November 2024, proposed by Councillor Carol Nugent and seconded by Councillor Janine Calikes. (Copy attached) 67 - 68 13 Notice of Motion - Taking Action on Vape Sales to Children Motion received in terms of Standing Order No 20 on 5 November 2024, proposed by Councillor Elise Frame and seconded by Councillor Cal Johnston-Dempsey. (Copy attached) 69 - 70 14 Notice of Motion - Cessation of Arms Sales to Israel and Publication of Legal Advice Motion received in terms of Standing Order No 20 on 5 November 2024, proposed by Councillor Andrea Cowan and seconded by Councillor Cal Johnston-Dempsey. (Copy attached) 71 - 72 15 Notice of Motion - Exploration of a New Waste Management System Motion received in terms of Standing Order No 20 on 5 November 2024, proposed by Councillor Janine Calikes and seconded by Councillor Andrea Cowan. (Copy attached) 73 - 74 16 Notice of Motion - Hamilton Academical Football Club 150th Anniversary Motion received in terms of Standing Order No 20 on 5 November 2024, proposed by Councillor Colin Dewar and seconded by Councillor Mary Donnelly. (Copy attached) 75 - 76 17 Notice of Motion - Marking 16 Days of Activism Against Gender Based Violence Motion received in terms of Standing Order No 20 on 5 November 2024, proposed by Councillor Janine Calikes and seconded by Councillor Mary Donnelly. (Copy attached) 77 - 78 Item(s) for Noting 18 External Auditor's Annual Report to South Lanarkshire Council Report dated 25 October 2024 by the Executive Director (Finance and Corporate Resources). (Copy attached) 79 - 80 Urgent Business 19 Urgent Business Any other items of business which the Provost decides are urgent. For further information, please contact:- Clerk Name: Susan Somerville Clerk Telephone: 07557323097 Clerk Email: susan.somerville@southlanarkshire.gov.uk 3
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SOUTH LANARKSHIRE COUNCIL Minutes of the meeting held via Confero and in the Council Chamber on 11 September 2024 Chair: Provost Margaret Cooper Councillors Present: Councillor Alex Allison, Councillor John Anderson, Councillor Ralph Barker, Councillor John Bradley, Councillor Walter Brogan, Councillor Robert Brown, Councillor Archie Buchanan, Councillor Mathew Buchanan, Councillor Janine Calikes, Councillor Andy Carmichael, Councillor Maureen Chalmers, Councillor Ross Clark, Councillor Gerry Convery, Councillor Andrea Cowan, Councillor Margaret Cowie, Councillor Maureen Devlin, Councillor Colin Dewar, Councillor Mary Donnelly, Councillor Joe Fagan, Councillor Allan Falconer, Councillor Grant Ferguson, Councillor Gladys Ferguson-Miller, Councillor Elise Frame, Councillor Alistair Fulton, Councillor Ross Gowland, Councillor Geri Gray, Councillor Lynsey Hamilton, Councillor Celine Handibode, Councillor Graeme Horne, Councillor Mark Horsham, Councillor Martin Hose, Councillor Cal Johnston-Dempsey, Councillor Gavin Keatt, Councillor Susan Kerr, Councillor Ross Lambie, Councillor Katy Loudon, Councillor Hugh Macdonald, Councillor Julia Marrs, Councillor Ian McAllan, Councillor Catherine McClymont, Councillor Kenny McCreary, Councillor Lesley McDonald, Councillor Elaine McDougall, Councillor Mark McGeever, Councillor Davie McLachlan, Councillor Richard Nelson, Councillor Carol Nugent, Councillor Norman Rae, Councillor Mo Razzaq, Councillor Kirsten Robb, Councillor John Ross, Councillor Graham Scott, Councillor David Shearer, Councillor Bert Thomson (Depute), Councillor Helen Toner, Councillor Margaret B Walker, Councillor David Watson, Councillor Kirsty Williams Councillors’ Apologies: Councillor Poppy Corbett, Councillor Martin Lennon, Councillor Richard Lockhart, Councillor Eileen Logan, Councillor Monique McAdams Chief Executive’s Service P Manning, Chief Executive Community and Enterprise Resources D Booth, Executive Director Education Resources A Donaldson, Depute Executive Director Finance and Corporate Resources J Taylor, Executive Director, N Docherty, Administration Assistant; S Somerville, Administration Manager; I Strachan, Head of Administration and Legal Services Housing and Technical Resources S Gibson, Executive Director Social Work Resources/Health and Social Care S Sengupta, Director, Health and Social Care Provost’s Opening Remarks The Provost advised that she had ruled to accept a request, submitted in terms of Standing Order No 4(c), for an item of urgent business which would be dealt with following consideration of Item 2 on the agenda. While she had received a number of direct approaches for the Council to recognise the success of a local Paralympian, Councillor Watson had put the request in writing in the form of a motion. The Provost then referred to the success of various people across the South Lanarkshire area, including a young pupil from Strathaven Academy who had won a gold medal in the Scottish Lifesaving Championships, a world masters champion in steeplechasing and a young man who had won the World Taekwondo Championship. 2 5
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1 Declaration of Interests No interests were declared. 2 Minutes of Previous Meeting The minutes of the meeting of South Lanarkshire Council held on 12 June 2024 were submitted for approval as a correct record. The Council decided: that the minutes be approved as a correct record. 3 Item of Urgent Business – Local Gold-Winning Medallist at Summer Paralympics, Paris A motion proposed by Councillor Watson, seconded by Councillor Razzaq, was submitted as follows:- “South Lanarkshire Council acknowledge and congratulate local resident Stephen McGuire on winning Gold at the Summer Paralympics in Paris. Stephen secured Gold in a thrilling final of the BC4 men’s Boccia competition having waited 20 years to secure the elusive Olympic medal. Stephen secured a gold medal at his fourth attempt having only been selected to compete in the Paralympics at the start of July. Stephen started playing Boccia in 2004, became World Champion in 2016 and European Champion 2017 and 2021. In 2022 Stephen suffered a fall which left him with a broken leg and knee. It was a long road to recovery for him to get ready for competition again. Stephen worked for over 18 months to prove that he could be competitive again. This self-determination and commitment resulted in Stephen securing Gold at the Paris Paralympics. Stephen has been a customer and user of South Lanarkshire Leisure facilities for many years. He is a lifelong resident of South Lanarkshire and, very importantly, a fantastic ambassador for the sport of Boccia and for South Lanarkshire. He is a strong supporter of South Lanarkshire Council, South Lanarkshire Leisure and Culture and South Lanarkshire Disability Sport. Over many years Stephen has participated in and supported initiatives with the aim of encouraging participants, both disabled and able bodies to participate in sport and be physically active. In June Stephen took time out from his busy schedule to attend the South Lanarkshire Disability Sports Awards where he was presented with the Male Sportsperson of the Year. 6
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He values grass roots participations and helps support the weekly South Lanarkshire Disability Sports Boccia sessions at the Alistair McCoist Centre.” In moving his motion, Councillor Watson referred to the various talented athletes across South Lanarkshire and the commitment shown by them, highlighting the exceptional achievement of Stephen McGuire. Councillor Razzaq, as seconder, and Councillor McLachlan, as a former member of South Lanarkshire Disability Sport, were heard in support of the motion. The Council decided: to acknowledge and congratulate Stephen McGuire on his gold-winning Paralympics achievement. 3 Minutes of Risk and Audit Scrutiny Committee The minutes of the meeting of the Risk and Audit Scrutiny Committee held on 26 March 2024 were submitted for noting. The Council decided: that the minutes be noted. 4 Mid-Term Review of Political Management Arrangements Supporting Documentation - Update A report dated 22 August 2024 by the Executive Director (Finance and Corporate Resources) was submitted seeking approval of proposed revisions to the following political management arrangements supporting documentation:- Financial Regulations Scheme of Delegation Standing Orders on Contracts Terms of Reference The current procedural documentation had been formally approved by the Council at its statutory meeting in May 2022 following the Local Government Elections. In the period since that time, amendments had been made to the Scheme of Delegation as a result of decisions taken by committees. In line with good governance principles, the opportunity had been taken by officers to review the documentation to take account of legislative amendments, external guidance, structural changes and to reflect and/or streamline working practice. At the Council meeting on 27 March 2024, comments were invited on procedural issues from political and independent groups, as well as the independent member, for consideration by the Standards and Procedures Advisory Forum (SPAF). As a means of comparison, information had been gathered from 5 other local authorities, as detailed at paragraph 3.3. There had been 3 meetings of the SPAF since the commencement of the review. A summary of proposed changes to the Financial Regulations was provided in Appendix 1 to the report. Those mainly reflected the introduction of the new Fusion system. 7
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At its meeting held on 27 August 2024, the Planning Committee had agreed to endorse proposed changes to the Planning section of the Scheme of Delegation in relation to planning applications, subject to the threshold for the number of objections remaining at ‘more than 5’, as per paragraph 17, part (b) of the revised Scheme of Delegation, attached as Appendix 2b to the report. If the proposals were accepted by the Council, a copy of the Scheme required to be sent to the Scottish Ministers for approval prior to its adoption. More general changes were also proposed to the Scheme of Delegation, as summarised in Appendix 2a to the report. A summary of proposed changes to the Standing Orders on Contracts was provided in Appendix 3 of the report. Those included a proposal to increase the current threshold from £5,000 to £10,000 for exempt and partially exempt contracts to reflect inflation, as well as changes to take account of the introduction of the new Fusion system. It was proposed that the existing Employee Issues Forum and Equal Opportunities Forum be merged to form a new forum entitled the Employee, Equalities, Diversity and Inclusion Forum. Details of the proposed Terms of Reference were outlined in Appendix 4 to the report. As outlined at paragraph 6.2 of the report, if the Planning changes within the Scheme of Delegation were approved, the Terms of Reference of the Council, Community and Enterprise Resources Committee, the Area Committees and Planning Committee would require to be amended accordingly, as shown in the summary attached as Appendix 5 to the report. More general changes to the Terms of Reference, excluding those relating to Planning and regulatory matters and the proposed merger of the Forums, were attached as Appendix 5a to the report. To reflect legislation, existing Standing Orders on Procedures Nos 23c and 25 had been amended to reflect that the chairperson would have the casting vote except where the matter, which was the subject of the vote, related to the appointment of a member of the Council to any particular office or committee, in which case the decision would be by lot. Further proposals in relation to Standing Orders on Procedures, or outcomes following on from the SPAF meeting to be held on 4 September 2024, would be submitted for consideration at the next meeting of the Council in November 2024. Councillor Brown proposed that, in relation to the newly merged forum, the arrangements should replicate that of the former Equal Opportunities Forum in that the number of members on the Forum be increased to 11 to include representation from all political/independent groups. This was unanimously accepted by the Council. The Council decided: (1) that, subsequent to consideration by the Standards and Procedures Advisory Forum, the following be approved:- the revisions to the Financial Regulations, as detailed in Appendix 1a to the report the revisions to the Scheme of Delegation, as detailed in Appendix 2b to the report, subject to the subsequent approval by the Scottish Ministers of the Planning changes, as referred to at paragraph 6.2 of the report the revisions to the Standing Orders on Contracts, as detailed in Appendix 3a to the report (2) that the existing Employee Issues Forum and Equal Opportunities Forum be merged to form a new forum to be named the Employee, Equalities, Diversity and Inclusion Forum and its Terms of Reference approved, subject to the number of members being amended to 11 to include representation from all political/independent groups, with the Chief Executive authorised, in consultation with Group Leaders/Business Managers, to finalise the membership, noting that the Chair and the Depute Chair would be appointed at the first meeting of the new forum; 8
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(3) that the revisions to the Terms of Reference, as detailed in Appendix 5b to the report, be approved; (4) to note that, as detailed at paragraph 10.1, existing Standing Orders on Procedures Nos 23c and 25 had been amended to reflect legislation and that other proposals in relation to Standing Orders on Procedures would be submitted to the next Council meeting in November 2024; and (5) to note that, once approved, arrangements would be made for the revised procedural documentation to be made available on the Council’s website. [Reference: Minutes of 27 March 2024 (Paragraph 9) and Minutes of the Planning Committee of 27 August 2024 (Paragraph 3)] 5 Statutory Polling Scheme Review A report dated 26 August 2024 by the Executive Director (Finance and Corporate Resources) was submitted advising of the requirement to undertake a statutory review of the Council’s Polling Scheme and seeking approval to commence a consultation on the current Polling Scheme, attached as Appendix 1 to the report. Legislation placed a requirement on local authorities to designate polling places for the purposes of elections, to review those arrangements within the statutory review timescale and to keep arrangements under review within a stipulated timeframe, as outlined in paragraph 3.1 to the report. The Council had to complete the compulsory statutory review by 31 January 2025. In conducting its review, the Council had to ensure that:- all electors in the constituency had reasonable facilities for voting as were practicable in circumstances so far as was reasonably practicable, all polling places should be accessible to all voters, including those who were disabled, and when considering the designation of a polling place, the Council must have regard to the needs of persons with disabilities An indicative timetable was provided at paragraph 4.3 of the report and it was intended that, given the deadline for completion of the statutory review, the outcome of the review be reported to the Executive Committee on 11 December 2024. The Head of Administration and Legal Services responded to members’ questions in terms of the community asset transfer of halls in the rural area. The Council decided: (1) that the contents of the report, including the requirement to carry out and complete a review of the Polling Scheme by 31 January 2025, be noted; (2) that the commencement of the statutory polling scheme review, as set out in the report, be approved; and (3) that authority be delegated to the Executive Committee to consider, at its meeting on 11 December 2024, a further report, following completion of the statutory polling scheme review, seeking approval of the Polling Scheme. 9
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6 Appointment of Chair and Amendments to Committee Membership A report dated 20 August 2024 by the Executive Director (Finance and Corporate Resources) was submitted seeking:- nominations in respect of the vacant position of Chair of the Climate Change and Sustainability Committee following Councillor McGeever’s decision to step down from the role approval for amendments to the membership of the Executive Committee Councillor Brown, seconded by Councillor McGeever, moved that Councillor Rae be nominated as Chair of the Climate Change and Sustainability Committee. In moving his nomination, Councillor Brown wished to thank Councillor McGeever for his service during his period of time as Chair. Councillor McGeever responded to record his thanks to members and officers for their support during his tenure as Chair. The Provost, on behalf of the Council, thanked Councillor McGeever for his hard work during his period of time as Chair. Councillor Shearer, having added his thanks to Councillor McGeever’s inclusivity as Chair, moved as an amendment that Councillor Clark be appointed as Chair of the Climate Change and Sustainability Committee. This was seconded by Councillor Ross. On a vote being taken using the electronic voting system, 31 members voted for the motion, 25 for the amendment and 2 abstained. The motion was declared carried. Following a request from the SNP Group Business Manager, it was proposed that Councillor Frame replace Councillor Macdonald as a full member on the Executive Committee, with Councillor Macdonald acting as a substitute member, and that Councillor Johnston-Dempsey replace Councillor Bradely as a substitute member on the Executive Committee. The Council decided: (1) that Councillor Rae be appointed as Chair of the Climate Change and Sustainability Committee; (2) that Councillor Frame replace Councillor Macdonald as a full member on the Executive Committee, with Councillor Macdonald acting as a substitute member; and (3) that Councillor Johnston-Dempsey replace Councillor Bradley as a substitute member on the Executive Committee. 7 Notice of Motion – End Violence at Work In terms of Standing Order No 20, a motion proposed by Councillor Donnelly, seconded by Councillor McDougall, was submitted as follows:- “While this Council currently supports the ethos of the End Violence at Work ten-point Charter proposed by Unison and supported by other Trade Unions, the council will review the current policies and procedures and make the necessary changes to fully implement the ten-point charter as outlined below. The Charter is also supported by research from the Health and Safety Executive (HSE) and therefore should be incorporated into the Council’s policy and procedures. 10
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Implementation of this Charter will send a clear message to the Council’s workforce that the authority rejects violence at work in any form and will provide the necessary support to prevent this occurring. The Council therefore agrees the following:- 1. To have a written violence and aggression at work policy, which is available to all staff. The policy will also cover staff who are lone working. 2. To take responsibility for implementing these policies in all departments and ask all Senior Management to be the driver for introducing this in their department. 3. To ensure measures are taken to reduce staff working in isolated buildings, offices or other work areas to a minimum. 4. To encourage staff to report all violent incidents and advise them of the appropriate recording procedure for how to do this. 5. To collect and monitor data on violent incidents on a regular basis. 6. To ensure safety reps are able to access this data and are consulted on solutions to issues relating to violence at work. 7. To ensure thorough risk assessments are conducted for staff who are placed in vulnerable situations. 8. To ensure the Council has support pathways in place for staff who are victims of violence at work. 9. To ensure training is in place for staff to help raise their awareness on the appropriate way to deal with a threatening situation. 10. Where appropriate to ensure independent counselling services are available to all staff who find themselves victims of violence at work.” In moving her motion, Councillor Donnelly acknowledged that a number of the actions listed above might already have been implemented by the Council. She wished to highlight the importance of communicating to the workforce that help was available. Councillor McDougall seconded the motion, which was agreed unanimously by the Council. The Council decided: that the terms of the motion be supported and the Council review its current policies and procedures to fully implement the 10-point charter, as outlined above. 8 Notice of Motion – New Prime Minister In terms of Standing Order No 20, a motion proposed by Councillor Ross, seconded by Councillor Clark, was submitted as follows:- “South Lanarkshire Council congratulates the new Prime Minister and his ministerial colleagues on their appointments and welcomes their promise of “Change”, as detailed in the Labour Party manifesto for the recent UK General Election. While noting the promise for change:- 11
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Council notes that in the short period since coming to power, the new government under the Prime Minister have not lived up to a number of their manifesto promises and commitments made in the run up to the UK General Election. Council is particularly concerned about the potential of £22bn of cuts to public finances as revealed by the UK Chancellor, comparable figures which were widely reported by financial experts prior to the election but which both the Labour and Conservative parties declined to acknowledge existed. This £22bn of cuts would be in stark contrast to Labours commitment to “No Austerity”. Considering this and other concerns regarding the following issues:- Council instructs the Chief Executive to write to the Prime Minister calling on the UK Government to:- 1. Bring an end to Austerity Policies, which would be harmful to every UK citizen, leading to reduced economic growth, more unemployment, lower wages and more inequality. 2. Bring an end to the “Two Child Limit”, Which would immediately lift 300,000 children out of poverty, 3. Live up to their promise of “Protecting Pensioners” by “By Reinstating the Winter Fuel Payment” which if not reversed will see over 300,000 pensioners suffer fuel poverty this winter. 4. Discontinue by-passing the Scottish Government on Devolved Matters, matters which should be taken through the democratically elected Scottish Parliament, constituted for that purpose. Council also calls on the Prime Minister to commit to delivering “Fair Funding” to the Scottish Government, this includes reversing the cut to Scotland’s capital budget of 9%, so that they in turn can fund councils in the spirit of the European Charter of Local Self Government and to work in partnership with their devolved governments to respect the democratic rights of councillors through the ‘Significant Seven’ asks from COSLA, made in the run up to the General Election:- 1. Provide ‘Fair Funding’ for essential Local Services and infrastructure by setting multiyear budgets that enable long term planning and fair pay for our workforce. 2. Greater Devolution of decision-making powers to Local Government to address community priorities and enable meaningful place-based public service reform. 3. Fully support local democracy through the enactment of the European Charter of Local Self-Government. 4. Support a just transition to a Sustainable Economy in all parts of Scotland. 5. Protect the Human Rights of all those seeking sanctuary in the UK and addressing the risks migrants face of exclusion and destitution. 6. Having Early Proactive Engagement with Local Government for national budget and policy development. 7. Working Collectively across the spheres of government to accelerate work to tackle the causes and effects of poverty, particularly the impact on children.” Councillor Fagan, seconded by Councillor Brown, moved the following as an amendment to replace the text of the motion:- “South Lanarkshire Council congratulates the new Prime Minister and his ministerial colleagues on their appointments and welcomes their promise of “Change”, as detailed in the Labour Party manifesto for the recent UK General Election. 12
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The Council reaffirms its position, agreed in June 2024, endorsing the expectations set out in COSLA’s June 2024 Position Statement, in accordance with their ‘Seven Significant Asks’ document, that the new First Minister and the government formed after the UK General Election in July 2024, led now by the new Prime Minister, should, for the benefit of people across Scotland, work together to: provide fair funding for essential services and infrastructure achieve greater devolution of decision-making powers to local government support local democracy through enactment of the European Charter for Local Self-Government support a just transition to a sustainable economy protect human rights of all those seeking sanctuary in the UK and address the risks migrants face of exclusion and destitution work collectively to accelerate work to tackle the causes and effects of poverty. Accordingly, the Council instructs the Chief Executive to write to the Prime Minister to convey the following: 1. Noting the commitment of the Labour Party not to return to austerity and the difficult decisions underpinning the fiscal expansion revealed by the Chancellor prior to Parliament’s summer recess, that the Council welcomes the announcement of multi-year spending reviews and encourages the UK Government to use coming spending reviews and fiscal events to deliver fair and sustainable public finances. 2. Noting concern about levels of child poverty and the so-called ‘two-child limit’, that the Council urges the UK Government to address these concerns in coming fiscal events and its review of Universal Credit and to work with the Scottish Government and local authorities to eradicate child poverty as it develops its anti-poverty strategy. 3. Regretting that the Chancellor found it necessary to means-test the Winter Fuel Payment and that the Scottish Government will also reduce entitlement to the Scottish equivalent of the Winter Fuel Payment, that the Council wishes to highlight its own efforts to improve uptake of means-tested benefits and encourages the UK and Scottish Governments to work together to address deep concern about household heating costs, including reviewing their positions in respect of the Winter Fuel Payment. 4. That the Council welcomes the Prime Minister’s assertion of the importance he attaches to the devolution settlement and constructive relationships between the UK Government and devolved administrations. 5. That the Council, whilst respecting the devolution settlement, welcomes additional funding for priorities, such as infrastructure investment and the eradication of child poverty or those designed to provide fair opportunities for economic development and sustainability across the United Kingdom, and conveys its willingness to receive direct funding for priorities agreed between local government and the new UK Government. The Council further instructs the Chief Executive to write to the First Minister, following Scottish Government statements to the Scottish Parliament to convey the following: 6. The Council’s deep concern about the long-term underfunding of Scotland’s councils, in particular, the impact of reductions to affordable housing budgets and core funding cuts to local government, once ring-fenced and directed expenditure is accounted for. 7. The Council’s wish to secure direct funding from the UK Government from appropriate UK Government schemes and a warning that the Scottish Government must not frustrate efforts by South Lanarkshire Council to maximise UK Government spending and investment in South Lanarkshire.” 13
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Following a lengthy discussion, on a vote being taken using the electronic voting system, 28 members voted for the motion, 25 for the amendment and 6 abstained. The motion was declared carried. The Council decided: that the terms of the motion be supported and the Chief Executive write to the Prime Minister calling on the UK Government to:- bring an end to austerity policies bring an end to the “two child limit” reinstate the winter fuel payment discontinue bypassing the Scottish Government on devolved matters commit to delivering “Fair Funding” to the Scottish Government and to work in partnership with their devolved governments to respect the democratic rights of councillors In terms of Standing Order No 14, the Provost adjourned the meeting during this item of business at 10.47am. The meeting reconvened at 11.06am 14
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PETITIONS COMMITTEE Minutes of meeting held via Confero and in the Council Chamber, Council Offices, Almada Street, Hamilton on 19 April 2023 Chair: Councillor Alistair Fulton Councillors Present: Councillor Robert Brown (substitute for Councillor Norman Rae), Councillor Mary Donnelly, Councillor Mark Horsham, Councillor Susan Kerr, Councillor Eileen Logan, Councillor Graham Scott, Councillor Helen Toner Councillors’ Apologies: Councillor Richard Nelson, Councillor Norman Rae Attending: Community and Enterprise Resources S Carle, Traffic and Transportation Team Leader; S Laird, Engineering Manager (Transportation Engineering); C Park, Head of Roads and Transportation Services Finance and Corporate Resources C Lyon, Administration Officer; G McCann, Head of Administration and Legal Services; L Wyllie, Administration Assistant 1 Declaration of Interests No interests were declared. 2 Petition Requesting Traffic Calming Measures at Westwood Hill, East Kilbride A report dated 4 April 2023 by the Executive Director (Finance and Corporate Resources) was submitted on a petition lodged by K McFadyen (Lead Petitioner) requesting traffic calming measures at Westwood Hill, East Kilbride. The Petition had been assessed and met the criteria for being considered by this Committee. Comments had been received from Roads and Transportation Services and were highlighted in the report. Comments from the Lead Petitioner, who was present at the meeting, were also detailed in the report. In support of the petition, the Lead Petitioner made reference to the following:- that in the half mile distance of Almada Street down to Burnbank Road there were 12 pedestrian crossings and going by Council criteria there must have been a lot of death and carnage in that half mile distance there was not one pedestrian crossing or one piece of road engineering in the entire Westwood area and the community questioned why they were so undeserving there were measures in other areas of East Kilbride but not in Westwood there was a lot of anger and pessimism in the community because they had pleaded with the Council for years to do something to introduce traffic calming measures or pedestrian crossings in Westwood Hill but had been unsuccessful he challenged the roads information in the report as the same repeated nonsense which they were told year after year and stated that officials had hidden behind disingenuous statements and statistics for years 3 15
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he had knocked doors to speak to people and not one disagreed that Westwood Hill was dangerous and unsafe to cross referred to the roads response in the report and indicated that by their own admission the Council only considered pedestrian safety as a consideration after people were injured or died and even then they only might possibly introduce safety measures at some time in the future but this was only at a very marginal percentage of identified of locations – this year is only 5% he had contacted Collette Stevenson, who was now an MSP, who had visited Westwood Hill and she advised that she would push for a pedestrian crossing for Westwood Hill but there were financial restrictions the road was just as dangerous when the traffic was at a low level as drivers think it’s safer to speed that the GAP assessment took no account of disability, mobility scooters or wheelchairs users, people with hearing or visual impairment there was a blind summit on Westwood Hill and some drivers accelerated over it and there was no reference to the blind summit in the GAP assessment the GAP assessment seemed to say that pedestrians don’t have a right of way, they had to assess a gap of speeding traffic to see if it was safe to cross – it was a risk assessment the GAP assessment was carried out in September 2021 which was during the pandemic and not a true reflection on traffic on the road he had a neighbour who used a mobility scooter who cannot cross the road he advised that he had made an FOI request on whether a disability assessment had been carried out but had not yet received a response there was a speed limit of 30mph on Westwood Hill but the majority of driver speed, some at speeds of 50-60mph and it was a regular occurrence the Council consistently passed the buck to the Police Scotland which was a dishonest approach as they did not have the resources to monitor Westwood Hill 24/7 he had tried contacting Police Scotland and could not get through on the phone and get no response when reported online pedestrian safety should be vital in road planning engineering rather than not even being an afterthought the Council had opportunities whilst resurfacing to install traffic calming measures but had not done so the Council stated that it works with organisations but there was no mention of Westwood Hill community or Community Council and in his opinion the Council didn’t listen or speak to the local community he appreciated there were funding difficulties but suggested that the measures could be done incrementally over a few years instead of doing nothing drivers also parked cars on Westwood Hill and found pulling out into speeding traffic quite perilous due to the blind hill indicated that traffic must have grown in East Kilbride as the town has expanded massively over the years and most houses own 2 cars elderly residents don’t cross the road, they walk to the bottom of the hill to cross, but this was dangerous during the winter months as ice formed due to water run off the Council needed to change its priorities and be proactive, it was only a matter of time before someone was seriously injured on Westwood Hill An official from Roads and Transportation Services advised that the majority of his response was in the papers that members of the Committee had, but highlighted the following:- the petition before us today was part of their core business and numerous similar enquiries were received by officers and elected members on a daily basis the responses in the first 3 bullet points reflected that of the Road Traffic Act whereby local authorities were obliged to carry out studies into the cause of road accidents and take appropriate measure to prevent accidents 16
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a proactive approach was taken in reducing casualties and this was reflected in Committee approved policies and actions in relation to the current Local Transport Strategy and it should be noted that these tied into targets set out within Scotland’s National Transport Strategy along with how these would be delivered measures the Council had adopted in relation to casualty reduction had been presented and endorsed by the Council’s Road Safety Forum and outlined the Council’s annual assessment process that identified potential locations, sections of road or areas where detailed assessment was merited which could then lead to measures and initiatives being provided to reduce the frequency and severity of casualties it should be noted that this approach had resulted in the ongoing reduction of casualties over a number of years and was recognised in 2022 where the Scottish Transport Awards category for Most Effective in Road Safety and Traffic Management and Enforcement was won by the Council there had been zero injury accidents on Westwood Road in the latest 3 year period in context the annual assessment for casualty reduction had identified approximately 120 locations throughout South Lanarkshire, with detailed analysis required for consideration of measures or initiatives to reduce accidents those locations were a mixture of cluster locations, sections of rural road where accidents were higher than the national average and areas within built up areas resources were allocated towards a small number of locations and this approach had been proven to be successful in reducing casualties in South Lanarkshire and in the period 2004 to 2021, had reduced from over 1,000 to just under 300 if there was a justified need to implement traffic calming measures in Westwood Hill and the surrounding area then those schemes would be developed - the road itself was just over a mile long and to implement road safety measures that comply with design standard would cost in the region of £200,000 members would be aware that the Council was in a difficult financial period and the current financial year’s funding for casualty reduction measures was £150,000 and the Council was currently waiting for any additional funding from Transport Scotland resources were currently being allocated to areas with a much higher priority than Westwood Hill in terms of casualty reduction there was a responsibility on all road users to drive responsibly and in compliance with the highway code and traffic laws in place Police Scotland had given a commitment to continue to undertake enforcement action on this section of road the Council tried to encourage 20mph speed limits as a way of ensuring built up areas had an appropriate speed limit and were in the process on undertaking an assessment through funding from Transport Scotland to potentially identify areas where the speed limit could be reduced from 30mph to 20mph and could be in place in parts of South Lanarkshire by 2025 various traffic counts had taken place over recent years, along with traffic modelling and East Kilbride was separated into a number of zones and Westwood Hill had been fairly static over recent years. Traffic data suggested that the daily flows of traffic are currently similar to what they were pre-pandemic. in terms of controlled pedestrian crossings, the GAP acceptance methodology was essentially national criteria used by many local authorities to establish where controlled crossings were justified – this process did consider the speed of pedestrians actually crossing the road and what facilities were in and around the area GAP surveys were conducted by specialist companies appointed by the Council regular requests were made for controlled crossings throughout South Lanarkshire and this methodology was used to ensure that resources were allocated appropriately a commitment had been given to undertake another GAP survey which would be scheduled in the coming months 17
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as part of the East Kilbride Active Travel survey all residents of East Kilbride, Community Councils and elected members were given the opportunity to provide comment for 2 consultation exercises for that process and a lot of points in relation safety were taken on board in order to create a more attractive environment for cycling and walking the Council was currently ready to appoint a consultant to take forward the next local Transport Strategy and there would be opportunities to review existing policies and actions that were in the current document and there would be an opportunity for all members of the community to comment and be part of the consultation process the Council wants zero accidents on the roads and if funding was available then it would look to take schemes to various other locations on the road network The Committee decided: (1) that the following action be undertaken by the Roads Service prior to submission of a report to the Roads Safety Forum:- liaise with Police Scotland on additional enforcement action at the location undertake a further GAP survey and to engage with pedestrians while on site liaise with the school crossing patrol officer (2) that the outcomes from the Roads Safety Forum on this Petition be used to influence the Road Safety Policy which would be reviewed as part of the Local Transport Strategy in spring 2024; and (3) that the Lead Petitioner be kept up to date on progress. 3 Urgent Business There were no items of urgent business. 18
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RISK AND AUDIT SCRUTINY COMMITTEE Minutes of meeting held via Confero and in the Council Chamber, Council Offices, Almada Street, Hamilton on 25 June 2024 Chair: Councillor Elaine McDougall Councillors Present: Councillor Mathew Buchanan, Councillor Alistair Fulton, Councillor Ross Gowland, Councillor Cal Johnston-Dempsey, Councillor Susan Kerr, Councillor Helen Toner (substitute for Councillor Mary Donnelly) Councillors' Apologies: Councillor Mary Donnelly (Depute), Councillor Celine Handibode, Councillor Richard Lockhart Councillor Also Present: Councillor Joe Fagan (for items 3 to 5) Attending: Chief Executive’s Service S Sengupta, Acting Depute Chief Executive (for items 3 to 5) Finance and Corporate Resources J Taylor, Executive Director; Y Douglas, Audit and Compliance Manager; E-A McGonigle, Administration Adviser; K McLeod, Administration Assistant; L O’Hagan, Head of Finance (Strategy); I Strachan, Head of Administration and Legal Services Also Attending: Audit Scotland A Barclay and M Ferris, External Auditors 1 Declaration of Interests No interests were declared. 2 Minutes of Previous Meeting The minutes of the meeting of the Risk and Audit Scrutiny Committee held on 26 March 2024 were submitted for approval as a correct record. The Committee decided: that the minutes be approved as a correct record. 3 Internal Audit Annual Assurance Report 2023/2024 A report dated 4 June 2024 by the Audit and Compliance Manager (Finance and Corporate Resources) was submitted providing:- a summary of progress and performance of Internal Audit for the financial year 2023/2024 an opinion on the adequacy and effectiveness of the Council’s framework of governance, risk management and control systems based on audit work undertaken in 2023/2024 4 19
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Details were given on:- Internal Audit performance Council-wide performance in relation to the delivery of audit actions workload analysis links to the Council’s objectives and top risks management of fraud risks areas of assurance areas of external reliance The UK Public Sector Internal Audit Standards Advisory Board had issued guidance around conformance with the Public Sector Standards which had shaped the Council’s internal audit approach in 2023/2024 which aimed to:- provide real-time advice and insight in the development of new systems and controls ensure that core internal audit work remained risk-based and relevant allow the regular reporting of activity to this Committee The overall opinion expressed on the Council’s control environment was that a reasonable level of assurance could be placed on the adequacy and effectiveness of the Council’s framework of governance, risk management and control arrangements for the year ended 31 March 2024. The Internal Audit findings would inform the Council’s 2023/2024 Annual Governance Statement. The Committee decided: (1) that the performance of Internal Audit during 2023/2024 be noted; (2) that the overall findings from internal audit work be noted, and that it be approved that those would inform the Council’s 2023/2024 Annual Governance Statement; and (3) that the level of assurance on the Council’s control environment be noted. [Reference: Minutes of 27 June 2023 (Paragraph 3)] 4 Annual Governance Statement for 2023/2024 and Significant Governance Areas Quarter 4 Progress Report A report dated 7 June 2024 by the Executive Director (Finance and Corporate Resources) was submitted on the Annual Governance Statement for 2023/2024 and progress against significant governance areas identified within the 2022/2023 Annual Governance Statement at Quarter 4. Each year, the Council undertook a review of the governance arrangements required to support its financial and operational controls. This review provided the basis for the Annual Governance Statement which was included in the Council’s Annual Report and Statement of Accounts. The Council’s governance assurance framework was detailed in Appendix 1 to the report. The resulting Annual Governance Statement for 2023/2024, attached as Appendix 2 to the report, provided information on the Council’s compliance during 2022/2023. The annual review of governance arrangements across the Council demonstrated sufficient evidence that the principles of delivering good governance in local government, contained in the Local Code of Corporate Governance, operated effectively and that the Council complied with its Code. Progress on the significant governance areas highlighted within the Annual Governance Statement 2022/2023 was attached as Appendix 3 to the report. 20
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The Committee decided: (1) that the Annual Governance Statement, attached as Appendix 2 to the report, which would be included in the 2023/2024 Annual Report and Statement of Accounts, be approved; and (2) that the progress against the significant governance areas identified within the Annual Governance Statement 2022/2023, attached as Appendix 3 to the report, be noted. [Reference: Minutes of 27 June 2023 (Paragraph 4)] 5 Unaudited Annual Accounts 2023/2024 A report dated 7 June 2024 by the Executive Director (Finance and Corporate Resources) was submitted on the requirement for members to consider the Unaudited Annual Accounts of the Council and related Charitable Trusts, attached as appendices 1 and 3 to the report, by 30 June 2024. The Council’s Unaudited Annual Accounts detailed key information on the Council’s expenditure and income for the financial year ended 31 March 2024. The accounts also covered the Charitable Trust managed by the Council, namely South Lanarkshire Council Charitable Trust The full Unaudited Annual Accounts would be circulated to all elected members following their submission to the External Auditor by 30 June 2024 and would be advertised as being available for public inspection on the Council’s website from 1 July 2024 until the date the Audited Accounts would be published. The information contained in the Unaudited Accounts took into account the final outturn position, as detailed in Appendix 2 to the report, which was submitted for approval to the Executive Committee meeting on 26 June 2024. Appendix 2 also provided an Expenditure and Funding Analysis, as required by the Chartered Institute of Public Finance and Accountancy (CIPFA) Code of Accounting Practice. Following the audit of the Accounts over the summer months, the Audited Annual Accounts would be brought back to the Committee at its meeting on 24 September 2024 for approval. The Committee decided: that the Unaudited Annual Accounts of the Council and related Charitable Trusts, to be submitted to Audit Scotland by the deadline of 30 June 2024, be noted. [Reference: Minutes of 27 June 2023 (Paragraph 5)] 6 Workforce Innovation – How Councils are Responding to Workforce Challenges: Best Value Thematic Work in South Lanarkshire Council in 2023/2024 A report dated June 2024 by Audit Scotland, the Council’s external auditors, was submitted entitled ‘Workforce Innovation – How Councils are Responding to Workforce Challenges: Best Value Thematic Work in South Lanarkshire Council 2023/2024’. The report set out how the Council was responding to current workforce challenges through building capacity, increasing productivity and innovation. The Accounts Commission’s Strategy (2021 to 2026) had set out its priorities to focus on inequalities, funding, communities and recovery. The Code of Audit practice had set out the Best Value work required to report on those priorities. 21
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The Senior Audit Manager, Audit Scotland, highlighted the following sections of the report:- key messages scope of the audit workforce strategy and priorities digital technology and the workforce flexible working and other innovative staff deployment developing future skills and capacity joint workforce arrangements across services and partners measuring the impact of workforce planning The report detailed the following audit recommendations:- the Council should develop a corporate level workforce strategy to demonstrate a clear link to the Connect Council Plan 2022 to 2027. The Council should build on the workforce planning to date and implement a more strategic, data-driven approach to workforce planning, with SMART action plans, setting out how Council level and service level actions were being progressed the Council should develop measures to capture and monitor the impact of digital technology on workforce productivity and service outcomes. It should also set out how it expected digital technology to shape its future workforce the Council should develop an action plan to allow it to monitor progress in addressing digital exclusion in its workforce and for its citizens An improvement action plan, attached as Appendix 1 to the report, set out those audit recommendations and the Council’s planned response, which included responsible officers and dates for implementation. The Committee decided: that the report be noted. 7 Internal Audit Activity as at 31 May 2024 A report dated 5 June 2024 by the Executive Director (Finance and Corporate Resources) was submitted on work completed by Internal Audit during the period 9 March to 31 May 2024. Findings from internal audit assignments were reported to this Committee throughout the year and the last progress report was considered by this Committee on 26 March 2024. Key performance indicators for March 2024, which related to the 2023/2024 Internal Audit Plan, were included in the Internal Audit Annual Assurance Report 2023/2024 which was considered earlier on the agenda. As at 31 May 2024, 42% of the 2024/2025 Audit Plan was in progress. Assignments completed in the period 9 March to 31 May 2024, together with a summary of overall assurances, were detailed in Appendix 1 to the report. Two assignments were deferred in 2023/2024 to increase the time available to support significant system implementations. Those assignments would be delivered via the use of contingency time in 2024/2025 or considered for inclusion in a future year’s audit plan. The Council formed part of the Glasgow City Region City Deal which funded a range of capital projects within South Lanarkshire. At the May 2024 meeting of the Cabinet, audit reports had been presented on:- Relationship and Stakeholder Management Audit Financial Monitoring Audit 22
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Follow Up Audit work Internal Audit Plan 2024/2025 Links to those report were provided at paragraph 5.1 of the report. The Internal Audit Plan 2024/2025 included 4 separate assignments which were detailed at paragraph 5.5 of the report. The findings from those assignments would be reported to the Cabinet during 2024/2025 and a summary would be included within future reports to this Committee. Updates were also provided on:- meetings of the Chief Internal Auditors’ Group which had provided an opportunity to share best practice and attend presentations on topical issues. A copy of the Chief Internal Auditors’ Group 2023/2024 Annual Report was provided at Appendix 2 to the report progress against the Audit Strategy which was a requirement of the Public Sector Internal Audit Standards (PSIAS). Delivery of the 2024/2025 Strategy would be evidenced by the completion of the Internal Audit Plan in year, and monitored during the year by performance indicators which were regularly reported to the Committee The Committee decided: that progress on Internal Audit activity be noted. [Reference: Minutes of 26 March 2024 (Paragraph 6)] 8 Audit Scotland – Financial Bulletin 2022/2023 A report dated 18 May 2024 by the Executive Director (Finance and Corporate Resources) was submitted on the Audit Scotland report entitled ‘Local government in Scotland: Financial bulletin 2022/2023’ which had been published in January 2024. The report had been divided into 2 parts:- councils’ funding and outturn councils’ financial position and outlook The key messages from the Audit Scotland report were detailed, together with an assessment of the position in South Lanarkshire Council. The Committee decided: (1) that the key messages and recommendations contained in the Audit Scotland report entitled 'Financial bulletin 2022/2023', as detailed in sections 4 and 5 of the report, be noted; and (2) that the commentary on the Council’s position, as included in the Audit Scotland report and as detailed in section 6 of the report, be noted. [Reference: Minutes of 23 May 2023 (Paragraph 6)] 9 Financial Resources Scrutiny Forum Activity A report dated 24 April 2024 by the Executive Director (Finance and Corporate Resources) was submitted on reports considered by the Financial Resources Scrutiny Forum in the period from August 2023 to March 2024. 23
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A report on the business considered by the Financial Resources Scrutiny Forum would continue to be submitted to the Risk and Audit Scrutiny Committee on an annual basis. The Committee decided: that the report be noted. [Reference: Minutes of 23 May 2023 (Paragraph 7)] 10 Forward Programme for Future Meetings A report dated 28 May 2024 by the Executive Director (Finance and Corporate Resources) was submitted on the outline forward programme for the meetings of the Risk and Audit Scrutiny Committee to 25 June 2025. As part of future arrangements, members were invited to suggest topics for inclusion in the Committee’s forward programme. The Committee decided: that the outline forward programme for the meetings of the Risk and Audit Scrutiny Committee to 25 June 2025 be noted. [Reference: Minutes 26 March 2024 (Paragraph 7)] 11 Urgent Business There were no items of urgent business. 24
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Report Agenda Item Report to: South Lanarkshire Council Date of Meeting: 20 November 2024 Report by: Executive Director (Finance and Corporate Resources) Subject: Amendments to Membership of Committees etc 1. Purpose of Report 1.1. The purpose of the report is to:- [purpose] request approval for proposed amendments to memberships of committees, etc [1purpose] 2. Recommendation(s) 2.1. The Council is asked to approve the following recommendation(s):- [recs] (1) that a member of the Labour Group replace Councillor Equi on the following:- Licensing Board Licensing Committee Planning Committee Planning Local Review Body (as a substitute member) (2) that Councillor Dewar replace Councillor Johnston-Dempsey on the Risk and Audit Scrutiny Committee, with Councillor Marrs replacing Councillor Dewar as a substitute member; (3) that Councillor Dewar replace Councillor Bradley as a full member on the Social Work Resources Committee, with Councillor Bradley becoming a substitute member; (4) that Councillor Toner replace Councillor Bradley as a substitute member on the Finance and Corporate Resources Committee; (5) that Councillor Frame replace Councillor Bradley as a substitute member on the Housing and Technical Resources Committee; (6) that Councillor Ross replace Councillor Marrs as a full member on the South Lanarkshire Cycling Partnership, with Councillor Marrs becoming a substitute member; and (7) that Councillor Lockhart replace Councillor Nelson as a member on the Joint Consultative Forum. 3. Background 3.1. Following notification from Councillor Equi on 4 November 2024 of her resignation from the Licensing Board, Licensing Committee, Planning Committee and as a substitute member of the Planning Local Review Body, it is proposed that those vacancies are filled by a member of the Labour Group. 5 25
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3.2. Following a request received on 5 November 2024 from the Business Manager of the SNP Group, it is proposed that:- Councillor Dewar replace Councillor Johnston-Dempsey on the Risk and Audit Scrutiny Committee, with Councillor Marrs replacing Councillor Dewar as a substitute member Councillor Dewar replace Councillor Bradley as a full member on the Social Work Resources Committee, with Councillor Bradely becoming a substitute member Councillor Toner replace Councillor Bradley as a substitute member on the Finance and Corporate Resources Committee Councillor Frame replace Councillor Bradely as a substitute member on the Housing and Technical Resources Committee Councillor Ross replace Councillor Marrs as a full member on the South Lanarkshire Cycling Partnership, with Councillor Marrs becoming a substitute member 3.3. Following a request from the Conservative Group Business Manager on 5 November 2024, it is proposed that Councillor Lockhart replace Councillor Nelson on the Joint Consultative Forum. 4. Employee Implications 4.1. There are no employee implications in terms of this report. 5. Financial Implications 5.1. There are no financial implications in terms of this report. 6. Climate Change, Sustainability and Environmental Implications 6.1. There are no climate change, sustainability or environmental implications in terms of this report. 7. Other Implications 7.1. There are no implications in terms of risk. 8. Equality Impact Assessment and Consultation Arrangements 8.1. There was no requirement to carry out an EIA or formal consultation process. Jackie Taylor Executive Director (Finance and Corporate Resources) 5 November 2024 Link(s) to Council Values/Outcomes/Priorities Accountable, effective, efficient and transparent Previous References None 26
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List of Background Papers None Contact for Further Information If you would like to inspect the background papers or want further information, please contact:- Iain Strachan, Head of Administration and Legal Services Tel: 01698 454658 E-mail: iain.strachan@southlanarkshire.gov.uk 27
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Report Agenda Item Report to: South Lanarkshire Council Date of Meeting: 20 November 2024 Report by: Executive Director (Finance and Corporate Resources) Subject: Mid-term Review of Political Management Arrangements Supporting Documentation – Standing Orders on Procedures 1. Purpose of Report 1.1. The purpose of the report is to:- [purpose] seek approval of proposed revisions to the Council’s Standing Orders on Procedures [1purpose] 2. Recommendation(s) 2.1. The Council is asked to approve the following recommendation(s):- [recs] (1) that, subsequent to consideration by the Standards and Procedures Advisory Forum (SPAF), the revisions to the Standing Orders on Procedures, as detailed in appendices 1 (summary) and 1a (marked changes) to the report, be approved; (2) that a further addition to existing Standing Order No 23 in terms of remote participation and voting, as detailed in paragraph 4.3 of the report, be approved; and (3) to note that, once approved, arrangements will be made for the revised Standing Orders on Procedures to be made available on the Council’s website. [1recs] 3. Background 3.1. At its meeting held on 11 September 2024, the Council approved, as part of the mid- term review, revisions to the Financial Regulations, Scheme of Delegation, Standing Orders on Contracts, and Terms of Reference. 3.2. It was noted at that time, that further proposals would be submitted in terms of proposed revisions to the Standing Orders on Procedures. 3.3. It should be noted that any changes to Standing Orders on Procedures require the agreement of at least two thirds of those members present. 4. Standing Orders on Procedures 4.1. Proposed amendments to the Standing Orders on Procedures were submitted to the SPAF meeting on 24 June 2024 for its consideration. 4.2. A summary of proposed changes is provided in Appendix 1 to the report, with a marked up copy at Appendix 1a. In the main, the proposals reflect changes in working practices post COVID, particularly in terms of hybrid meetings. 6 29
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4.3. Since the meeting of the SPAF in June 2024, officers consider that, in order to provide clarity for those members participating remotely in meetings, it would be beneficial for an additional Standing Order provision to be added to existing Standing Order No 23 as follows:- ‘In order to vote in a meeting, a member must be participating in the meeting, either in person or else remotely using the electronic meeting system adopted by the Council for that meeting. If a member is not so participating, and subject to the matter in question not being of a quasi-judicial nature, then they can only vote where permitted by the chairperson, with such permission only being given in respect of those members who:- had been participating remotely but have not been able to at the time of the vote because of a technological issue with their use of the electronic meeting system; had been participating remotely and have sufficient information to be able to vote on the matter in question; are able to advise the Clerk of their voting intention. Where the matter in question is of a quasi-judicial nature, then in order to vote, a member must be participating in the meeting, either in person or else remotely, using the electronic meeting system adopted by the Council for that meeting.’ 5. Proxy Voting 5.1. As reported to the Executive Committee on 13 November 2024, the Scottish Government has issued a consultation on a proposal to allow proxy voting by councillors. The Scottish Government proposes to amend the Local Government (Scotland) Act 1973 to enable a councillor in Scotland to arrange for their vote to be cast by a proxy. A further amendment would also be made which would require local authorities to agree and publish a scheme setting out how proxy voting would work in practice, where they choose to introduce proxy voting. The Scottish Government advise that the operational details, including the criteria of the scheme, would not be set out in legislation. It would be for local authorities to determine how a scheme could work in practice and under which circumstances proxy voting could be available, should they wish to allow for it. If introduced, this might mean a change to Standing Orders on Procedures at a future date. If such an amendment is brought forward and becomes law, then officers would in turn at that time bring forward a proposal for any changes to the Standing Orders on Procedures. 6. Employee Implications 6.1. There are no employee implications in terms of the content of this report. 7. Financial Implications 7.1. None. 8. Climate Change, Sustainability and Environmental Implications 8.1. There are no implications for climate change, sustainability and the natural environment in terms of the content of this report. 9. Other Implications 9.1. To ensure that there is no risk of being in breach of legislative requirements and to ensure compliance with good governance principles, the political management arrangements supporting documentation requires to be kept under review. 30
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10. Equality Impact Assessment and Consultation Arrangements 10.1. This report does not introduce a new policy, function or strategy, or recommend a change to an existing policy, function or strategy and, therefore, no impact assessment is required. 10.2. Consultation has been undertaken with all Resources, political and independent groups in the course of the review of the political management arrangements supporting documentation. Jackie Taylor Executive Director (Finance and Corporate Resources) 18 October 2024 Link(s) to Council Values/Priorities/Outcomes • Accountable, effective, efficient and transparent • Fair, open and sustainable Previous References South Lanarkshire Council of 11 September 2024 List of Background Papers None Contact for Further Information If you would like to inspect the background papers or want further information, please contact:- Susan Somerville, Administration Manager Ext: 4197 (Tel: 01698 454197) E-mail: susan.somerville@southlanarkshire.gov.uk 31
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Appendix 1 Mid Term Review of Standing Orders on Procedures Summary of proposed changes Standing Order Summary of Proposed Change Definitions Suggest add the following:- Clear days – this does not include weekends or public holidays. For Notice of Motions, it also does not include the day of receipt or the day of the meeting 4a – Notice of meeting 1st bullet point – re-word to make clear that, in the main, meetings will be held on a hybrid basis • The Chief Executive must publish the time and place of the meeting at the Council’s offices. In the event that the meeting is being held on a virtual/hybrid basis, details on how to access the meeting will be included on the Council’s website. Meetings will be held on a hybrid basis unless otherwise determined by the Chair, in consultation with the Chief Executive/Executive Director, and, if open to the public, will be livestreamed or a recording made available shortly afterwards. If the meeting is held at short notice, these will be published straight away. If the meeting is called by members of the Council, the notice must be signed by those members and must set out the business they want to deal with. Point of Order While referenced in existing Standing Order No 15, consider adding a specific standing order as follows, similar to Edinburgh City Council’s:- A point of order is used to draw attention to a breach in rules, an irregularity in procedure, the irrelevance or continued repetition of a speaker or the breaching of established practices or contradiction of a previous decision. It can be used at any time during a meeting and requires a speaker to give way, but it must be valid. Any member may raise a point of order at any time during a meeting - those members participating remotely, should use the “Chat” function and write “PO”. The Provost/chair will ask the current speaker to stop talking, and the member making the Point of Order will be asked to make their point. The member raising the point of order will advise which Standing Order he/she considers is being infringed and thereafter, without debate, await the Provost or Chair’s decision. No other member may speak to the point of order unless with the permission of the Provost or Chair. The decision of the Provost or Chair will be final and cannot be discussed. 6 33
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20 – Giving notice beforehand on a matter which members want us to consider Reword to take account of email being suffice from proposer/seconder If a member wants us to consider a matter, he or she must put it in writing. They must then sign it and get another member to sign it as well. An email confirmation from both the proposer and seconder is required or a signed copy. If the Chief Executive does not receive this at least 10 clear days before the meeting, the matter will not be on the agenda for the meeting and will not be dealt with at the meeting. The members who put the motion forward must move it at the meeting or someone must do it for them. If nobody puts the motion forward, we will consider it withdrawn. 21- Motions – procedures Consider adding the following additional paragraphs:- • The inclusion of a motion on an agenda is without prejudice to the right of the Provost/Chair to determine its competency, taking advice from relevant officers • A motion or amendment is not competent if it would require the incurring of expenditure and the source of funding is not identified. • A motion or amendment which identifies the source of funding as the Council’s reserves will not be competent, without advice being provided in advance of the meeting by the Executive Director (Finance and Corporate Resources), or their nominee 23 – Method of Voting 23a After a show of hands add in brackets (due to the nature of hybrid meetings, this may not be practical) 24 – Members who have an interest in any matters – declaration of interests Suggest amend existing para to reflect reference to transparency statements Declarations of Interest and Transparency Statements • Members must adopt the three stage approach (Connection – Interest – Participation) set out in section 5 (Declaration of Interests) of the Councillors’ Code of Conduct. • A member will declare their interest as early as possible in meetings. • Where a member has declared an interest, at the appropriate time, they must withdraw from the meeting. They must not participate in any way in those parts of meetings where they have declared an interest. Withdrawal from the meeting room or place will include leaving a hybrid meeting. • When making a declaration, a member should provide enough information for those at the meeting to understand why they are making a declaration. 34
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• Where the Provost or Chair is required to vacate the chair due to declaring an interest, the Depute Provost or Depute Chair will assume the chair for the duration of the item. In the event that the Depute Provost or Depute Chair is not present, members present will decide who will assume the chair by means of nomination and a majority vote. • Members should consider whether it is appropriate for transparency reasons for them to state publicly in the meeting where they have a connection, which they do not consider amounts to an interest. Such a statement is referred to in these Standing Orders as a “transparency statement” and will be recorded in the minutes. 38 – Committee proceedings Amend wording at para 38a ‘The Executive Committee must approve consider recommendations from standing committees on any issues involving new policy or a change in policy. We must approve consider any issues referred to us by the Executive Committee.’ 39 – Councillors attending meetings Suggest amend para 39c If a committee or sub-committee has a hearing:- on a matter where the decision may affect the interest or rights of any person as an individual; and where the person has a right to be heard in person or through a representative members of the committee or sub-committee can only take part or vote on the matter if they have been at the whole of the hearing. Where the Council, committee or sub-committee is required to determine an item of business which is of a quasi-judicial nature, a member must be present in the meeting for the duration of the item to allow their vote to be counted. If a member joins or leaves the meeting at any point during discussion of the item, they will not be permitted to participate in the item or any vote. Similarly, if a matter is continued to a further meeting, a member is required to be present on each occasion when it has been discussed in order to participate in the item or any vote, unless there have been no substantive discussions at the earlier meeting. 50 – Finance Suggest add the following paragraph to formalise existing arrangements:- 35
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While the Council’s Section 95 officer is responsible for the proper administration of the Council’s financial affairs and has responsibility for the administration of those affairs, including preparing a budget paper for consideration by the Council, in compliance with The Local Government Finance Act 1992, each financial year elected members have a duty to set a balanced budget for the Council for the coming year. To assist with this, and in line with existing practice, any proposals to the budget should be submitted to the Executive Director (Finance and Corporate Resources) by noon at least 3 days in advance of the budget meeting to allow time for assessment in terms of competence from a financial perspective. 36
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Appendix 1a Standing Orders on Procedures Approved at the First Statutory meeting of South Lanarkshire Council on 18 May 2022 Note: If you need this information in another language or format, please contact us to discuss how we can best meet your needs. Phone 0303 123 1015 or email equalities@southlanarkshire.gov.uk 6 37
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Contents Page Number Interpretation 1 Definitions 1 The Council 1 The first meeting after the election 2 2 Ordinary meetings 2 3 Special meetings 2 4 Notice of meeting 2 5 Chairperson 3 6 Removal from Office 3 7 Failing to go to meetings 3 8 If there are not enough members present - Quorum 4 9 If less than a 1/4 of the meeting are entitled to vote 4 10 Letting in the public and press 4 11 Order of business 4 12 The powers and duties the Provost (chairperson) has 4 13 Appointing chairpersons and the depute chairpersons 5 14 Adjourning meetings 5 15 Point of Order 5 16 Order of debate 5 176 Length of speeches 5 187 General conduct 6 198 Changing a decision 6 2019 Questions 6 210 Giving notice beforehand on a matter which members want us to consider 67 221 Motions - procedures 7 232 How motions must be presented 7 243 Method of voting 87 254 Members who have an interest in any matters – declarations of interest 8 265 Voting arrangements for vacancies 8 276 Holder of the common seal 98 287 Receiving views from representatives 98 298 Changes to standing orders 9 38
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Page Number Committees 3029 Standing committees 9 310 Special committees 109 321 Advisory committees 10 332 Appointing committees 10 343 Chairing committees 10 354 Ending office 10 365 The committee's powers and duties 110 376 Religious, teacher and Parent Council representatives on the 110 Education Resources Committee 387 Passing on responsibilities to committees and officers 110 398 Committee proceedings 11 4039 Councillors attending meetings 11 410 Calling committee meetings 121 421 Referring matters to sub-committees 121 432 Standing orders which apply to committees 121 Sub-Committees 443 Appointing sub-committees 132 454 Members of sub-committees 132 465 The sub-committee's powers and duties 132 476 The chairperson of sub-committees 132 487 Chairperson of a committee (to be a member of the sub-committee) 132 498 Standing orders which apply to sub-committees 132 5049 Sub-committee minutes 132 Finance 510 Planning and budgeting 143 521 Spending, supplementary budgets and transferring funds 143 39
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1 Interpretation The Interpretation Act 1978 will apply to these standing orders. Definitions The following words and expressions have the meanings shown next to them. We, us - the South Lanarkshire Council, incorporated under Section 2 of the Local Government etc. (Scotland) Act 1994. The main office is at the Council Offices, Almada Street, Hamilton. Committee - a standing committee of the Council. Chief Executive - the Chief Executive of the Council or any authorised official representing or acting for him or her. Executive Director - a Director of a Resource of the Council or any authorised official or other member of staff representing or acting for him or her. Minutes - a summary of business at Council meetings. Resource - a department of the Council. Clear Days - this does not include weekends or public holidays recognised by us. For Notice of Motions, it also does not include the day of receipt or the day of the meeting concerned. 40
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2 1 The first meeting after the election In an election year, we will hold our first meeting within 21 days from the date of the election. The Chief Executive will determine the date and time for the meeting. At this meeting, we will:- elect the Provost of the Council elect the Depute Provost of the Council appoint the Leader and Depute Leader of the Council appoint a Chair and Depute Chair for each standing committee as defined in the Terms of Reference for Committees appoint members to serve on any Joint Committees and Joint Boards of which we are members deal with any appropriate business including the minutes of any previous Council meeting not yet approved 2 Ordinary meetings Unless we agree otherwise or the Provost thinks there are special circumstances, we will hold 4 ordinary meetings during each financial year on dates to be agreed by the Chief Executive in consultation with the Provost. 3 Special meetings A special Council meeting can be called at any time:- by the Provost of the Council; or if at least 1/4 of our members demand a meeting. We will hold the meeting within 14 clear days from when the Chief Executive receives a written request from at least a quarter of our members. 4 Notice of meeting a At least 5 clear days (with the exception of public holidays) before a Council meeting the following must happen. The Chief Executive must publish the time and place of the meeting at the Council's offices. In the event that the meeting is being held on a virtual/hybrid basis, details on how to access the meeting will be included on the Council’s website.Meetings will be held on a hybrid basis unless otherwise determined by the Chair, in consultation with the Chief Executive/Executive Director, and, if open to the public, will be livestreamed or a recording made available shortly afterwards. If the meeting is held at short notice, these will be published straight away. If the meeting is called by members of the Council, the notice must be signed by those members and must set out the business they want to deal with. Every Council member must be sent an electronic summons. The summons must set out the business that will be dealt with. b Any summons must give a note of the business and the proposed order for dealing with business at the meeting. We cannot deal with other business unless someone brings it before us as a matter of urgency under the following paragraph. If a 41
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3 meeting is called by councillors, we can only deal with the business listed in the councillors' request. 42
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4 c If business has not been specified in the summons, we can only deal with any additional business at the meeting if the chairperson of the meeting rules that there are special reasons why it is urgent. We must know about the item at the start of the meeting when we decide on the order of business. d If a Council member does not receive a summons, the meeting will still be valid. e Members of the public and press can get electronic copies of the agenda for a Council meeting at least 5 clear days before the meeting (with the exception of public holidays). Subject to any Government guidelines/restrictions or safe systems of work, hard copies will be available to view at our Council Offices, Hamilton. This will not be the case if the meeting is called at short notice. If this is the case, the public and press can get copies when the meeting is called. If an item of business is added to the agenda, the public and press can get copies at that time. 5 Chairperson a The Provost will chair any Council meeting if he or she is present. b If the Provost is not at the meeting, the Depute Provost will chair it. If the Provost and the Depute Provost are not at the meeting, another member of the Council, chosen by the members, will chair the meeting. 6 Removal from Office The Council may remove the Provost/chairperson from office providing:- (a) prior notice is given at one meeting of the Council that the matter will be considered at its next meeting; or (b) where no prior notice is given, not less than 2/3 of Members present and entitled to vote, agree that the early removal of the Provost/chairperson from Office will be considered at that meeting. The provisions of this Standing Order will also apply to the position of Depute Provost/chairperson. With the exception of the above, the Council has the authority to appoint or remove Members on any of the Council’s decision making bodies at any time, subject to a majority vote. The Clerk to the Council (Chief Executive) will determine all matters of competency in relation to the above 7 Failing to go to meetings The Local Government (Scotland) Act 1973 also applies to this standing order. If a councillor does not go to any Council meetings for 6 months, he or she will stop being a member of the Council unless he or she has:- our permission; or a good reason approved by us. 43
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5 The 6 month period starts from the date of the first meeting which the councillor failed to attend. 8 If there are not enough members present - Quorum If, 10 minutes after the time appointed for a meeting of the Council or at any stage during the meeting, the Provost finds that there are fewer than a 1/4 of the members present, he or she will instruct a count of the members who are present. If a 1/4 are not present, the meeting will be adjourned until the time or day that the Provost decides. 9 If less than a 1/4 of the meeting are entitled to vote If less than a 1/4 of the Council can vote on an item because of the terms of Section 38 of the Local Government (Scotland) Act 1973, that item cannot be dealt with at the meeting. 10 Letting in the public and press a Every Council meeting will be open to the public and press unless it says otherwise anywhere in these standing orders. b We may keep anybody out of a meeting to prevent or stop disorderly behaviour. We may keep any member of the public out of a meeting or force them to leave if they are preventing us carrying out our work. If a member of the public interrupts any meeting, the chairperson may warn that person. If they continue to interrupt, the chairperson may order the person out of the meeting. If there is a disturbance in any part of the meeting room that is open to the public, the chairperson may order that part of the room to be cleared. c The public and press will be kept out of a Council meeting if an item of business is confidential. We do not have to give out confidential information under the Local Government (Access to Information) Act 1985. d We may decide to keep the public and press out of a meeting if an item of business is defined as 'exempt' in the Local Government (Access to Information) Act 1985. e No unauthorised sound, film, videotape, digital or photographic recording of the proceedings of any meeting shall be made. 11 Order of business The business of our ordinary meetings will take place in an order to be determined by the Chief Executive in consultation with the Provost. 12 The powers and duties the Provost (chairperson) has The Provost’s role is to ensure that the agenda business is properly dealt with and clear decisions are reached. There is a responsibility to ensure that the views and opinions of all participants at the meeting are allowed to be expressed and that they contribute to the outcomes of the meeting. Councillors present at the meeting share the responsibility for the proper and expeditious discharge of business and the role of the Provost/chairperson requires to be supported and respected. The Provost's decision is final. When he or she speaks, any member of the Council who is talking to the meeting must stop. The clerk, on the instructions of the 44
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6 Provost/chairperson, will mute any attendee who does not cease speaking. The chairperson must keep order and ensure the proper and timely conduct of the meeting which can sometimes mean expediting the business and reaching a decision on the fairness and sufficiency of debate. He or she will make a final decision on all matters that come up at meetings and the points at which conclusions should be reached. If 2 or more members want to speak, the chairperson will decide who will speak first. If there is disorder at any Council meeting, the chairperson may adjourn the meeting to another time. In these circumstances, simply leaving the chair will adjourn the meeting. If the Provost/chairperson raises both hands simultaneously, this shall have the same effect. All members shall cease speaking. The clerk, on the instructions of the Provost/chairperson will mute any attendee who does not cease speaking. The chairperson may make a statement at the start of the meeting on any Council matter. 13 Appointing chairpersons and the depute chairpersons We will appoint chairpersons and Depute chairpersons of standing committees and sub- committees. 14 Adjourning meetings a We can adjourn any meeting for a reasonable time. We will do this if:- the chairperson says so; or a member proposes it, another seconds it and the members vote in favour of it. There will be no amendments or discussion. b Nobody can make a second motion to adjourn a meeting within half an hour except the chairperson. If he or she does this, it will be dealt with immediately. 15 Point of Order A point of order is used to draw attention to a breach in rules, an irregularity in procedure, the irrelevance or continued repetition of a speaker or the breaching of established practices or contradiction of a previous decision. It can be used at any time during a meeting and requires a speaker to give way, but it must be valid. Any member may raise a point of order at any time during a meeting – those members participating remotely, should use the ‘Chat’ function and write ‘PO’. The Provost/Chair will ask the current speaker to stop talking, and the member making the point of order will be asked to make their point. The member raising the point of order will advise which Standing Order he/she considers is being infringed and thereafter, without debate, await the Provost or Chair’s decision. No other member may speak to the point of order unless with the permission of the Provost or Chair. The decision of the Provost or Chair will be final and cannot be discussed. 165 Order of debate A member who wants to speak will get the chairperson's attention and will talk to him or her. The member will speak directly about the motion or amendment that is being proposed, seconded or discussed. No member can speak more than once on any subject that is being discussed, except for a point of order or with the chairperson's permission. However, the person who proposes a motion can reply. A member who is speaking when a question of order is raised will stop speaking until the chairperson has dealt with the question of order. 45
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7 176 Length of speeches If a member proposes or seconds a motion or amendment, he or she cannot speak for longer than 5 minutes. All the other speakers cannot speak for more than 3 minutes. The person who proposes the original motion can speak for up to 5 minutes when he or she replies to any comments. But he or she cannot add anything new into the debate. After that, the discussion will finish and the chairperson will put the question to the vote. 187 General Conduct a Members are accountable for their own individual conduct in meetings at all times in terms of The Councillors’ Code of Conduct and associated regulations and guidance as issued by the Standards Commission for Scotland. b The chairperson may rule on the acceptability of language used during the course of the meeting and take appropriate action as necessary, including withdrawal of a remark, requiring an apology, or any other action required to allow the meeting to properly proceed. In the event of persistent misconduct of a Councillor by disregarding the ruling of the Provost/chairperson, or behaving improperly or offensively or using unbecoming language, or wilfully obstructing the business of the meeting, the Provost/chairperson may take any of the following courses either separately or in sequence: (1) direct the Councillor to refrain from speaking during the remainder of the debate on the matter under discussion; (2) adjourn the meeting for such period as seems expedient to the Provost/chairperson; and (3) in the event of general disturbance which in the opinion of the Provost/chairperson renders the due and orderly despatch of business impossible, the Provost/chairperson may, in addition to any other power vested in him/her, without the question being put, suspend the meeting for such period of time that he/she considers expedient. c If any member at any meeting behaves offensively or is uncooperative, a motion may be proposed and seconded to suspend the member for the rest of the meeting. If the motion is carried, the member must immediately leave the meeting. There will be no discussion of the motion and no changes to it. 198 Changing a decision A decision we have made cannot be changed within six months unless the chairperson rules that there has been a material change of circumstances. 2019 Questions a At any Council meeting, a member can ask the chairperson a question about any relevant business not already on the agenda for the meeting. The member must have given the question to the Chief Executive 10 clear days before the meeting. b A member can ask the chairperson a question about any matter which is on the agenda for that meeting without giving any notice. c If the chairperson rules that the question is out of order, the question will not be answered. d There will be no discussion about any questions or answers brought in this way. 46
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8 210 Giving notice beforehand on a matter which members want us to consider If a member wants us to consider a matter, he or she must put it in writing. They must then sign it and get another member to sign it as wellAn email confirmation from both the proposer and seconder is required or a signed copy. If the Chief Executive does not receive this at least 10 clear days before the meeting, the matter will not be on the agenda for the meeting and will not be dealt with at the meeting. The members who put the motion forward must move it at the meeting or someone must do it for them. If nobody puts the motion forward, we will consider it withdrawn. 221 Motions - procedures a All motions and amendments must be proposed by someone and seconded by someone else. If the chairperson thinks it is appropriate, the motion must be put in writing and handed to him or her before any vote is taken. If the motion is to approve or disapprove a motion, it does not have to be put in writing. Amendments or motions that propose that we consider a report again and motions and amendments that are fully set out in committee minutes also do not need to be in writing. b The inclusion of a motion on an agenda is without prejudice to the right of the Provost/Chair to determine its competency, taking advice from relevant officers. c A motion or amendment is not competent if it would require the incurring of expenditure and the source of funding is not identified. d A motion or amendment which identifies the source of funding as the Council’s reserves will not be competent, without advice being provided in advance of the meeting by the Executive Director (Finance and Corporate Resources), or their nominee be Every amendment must be relevant. cf The person who proposed a motion or amendment can withdraw it if he or she gets permission from the person who seconded it. dg We will consider a motion to approve a report or minutes from a committee or sub- committee as an original motion. We will deal with any motion that involves changing or rejecting a report or minute as an amendment. eh The chairperson of a committee or sub-committee will have the right to move the approval of a report or the minutes of the committee or sub-committee. fi We will not discuss motions or amendments that are not seconded and we will not put them in the minutes. But the person who proposed it can have his or her disapproval recorded in the following way "Councillor X, as the mover of a motion or amendment which failed to find a seconder, asked that his or her dissent be recorded". 232 How motions must be presented If we need to deal with a motion and two or more amendments, the last amendment to be put forward will be put against the amendment immediately before it. The amendment which is successful will be put against the next amendment and so on until only one amendment is left. We will then use this amendment against the original motion and then take a vote. 47
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9 243 Method of voting a In a Council meeting we can vote on any matter by:- using the electronic voting system; calling the roll; ballot; or a show of hands (due to the nature of hybrid meetings, this may not be practical). The chairperson will decide which method is most appropriate. Any member can object and ask for the vote to be taken by calling the roll. If at least a third of the members present agree, then the vote will be taken by roll call. b Unless the law or these standing orders say otherwise, all questions will be decided by a majority of the members present and voting. c If there is an equal number of votes, the chairperson will have the second or casting vote, except where the matter which is the subject of the vote relates to the appointment of a member of the Council to any particular office or committee, in which case the decision will be by lot. 254 Members who have an interest in any matters – declaration of interests a In line with the requirements of The Councillors’ Code of Conduct, any members with a financial or non-financial interest in any matter which is to be considered must declare the interest as soon as practicable at the meeting where that interest arises and, subject to the exception highlighted below, leave the meeting while the item of business is being considered. The fact that the member has declared an interest and left the meeting will be recorded in the minutes of the meetingMembers must adopt the 3 stage approach (Connection – Interest – Participation) set out in section 5 (Declaration of Interests) of the Councillors’ Code of Conduct. b A member will declare their interest as early as possible in meetings. c Where a member has declared an interest, at the appropriate time, they must withdraw from the meeting. They must not participate in any way in those parts of meetings where they have declared an interest. Withdrawal from the meeting room or place will include leaving a hybrid meeting. d When making a declaration, a member should provide enough information for those at the meeting to understand why they are making a declaration. e Where the Provost or Chair is required to vacate the chair due to declaring an interest, the Depute Provost or Depute Chair will assume the chair for the duration of the item. In the event that the Depute Provost or Depute Chair is not present, members present will decide who will assume the chair by means of a nomination and a majority vote. f Members should consider whether it is appropriate for transparency reasons for them to state publicly in the meeting where they have a connection, which they do not consider amounts to an interest. Such a statement is referred to in these Standing Orders as a “transparency statement” and will be recorded in the minutes. 48
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10 b The exception to the above relates to general dispensations issued by the Standards Commission for Scotland in respect of members who are:- council house tenants members of certain outside bodies It is considered that the public interest would be served if members were allowed to participate in discussion and voting on these matters in line with the criteria detailed in the Dispensations Note to Local Authorities in Respect of Financial and Non- Financial Interests. c The oral statement of declaration of interest should identify the item or items of business to which it relates. The statement should begin with the words “I declare an interest” and be sufficiently informative to allow those present at the meeting to understand the nature of the interest. 265 Voting arrangements for vacancies If there is a vacancy and there are only 2 candidates, we will take a vote and the 1 with most votes will be appointed. If there are more than 2 candidates, we will take a vote. Each member can only vote for 1 candidate. If 1 candidate receives more votes than the others put together, that candidate will be appointed. If no candidate receives a majority, the candidate with the fewest votes will drop out. In the next vote, the same procedure will apply again until 1 of the candidates has more votes than the others put together. If, on the vote between the final candidates or between 2 or more candidates at the bottom of the list, there is an equal number of votes, the decision will be by lot. 276 Holder of the common seal Our common seal will be kept by the Head of Administration and Legal Services who will be responsible for it. 287 Receiving views from representatives a We or any committee or sub-committee will hear the views of representatives from organisations or groups we can deal with. b Anyone who wants to present their view must apply in writing and it must be signed by a representative of the organisation or group. This application must include details of the matter to be discussed. The representatives must deliver the application to the Chief Executive at least 5 clear days before the date of the meeting. Notice about the application will be put on the agenda for the meeting. It will then be up to the meeting to decide whether to hear the representatives. c Unless we agree otherwise, there cannot be more than 3 representatives from any organisation or group. d When we hear representatives from an organisation or group, we can ask them questions. Our members must not give an opinion or discuss the business until the representatives have finished talking about their case. The representatives only have to leave the meeting if the matter is confidential or exempt in terms of the Local 49
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11 Government (Scotland) Act 1973 as amended by the Local Government (Access to Information) Act 1985. 289 Changes to standing orders Our standing orders can only be suspended, changed or abolished at a Council meeting if 2/3 of the members at the meeting agree. Committees 3029 Standing committees a Our standing committees are listed below. Cambuslang and Rutherglen Area Climate Change and Sustainability Committee Clydesdale Area Community and Enterprise Resources Conference Allocation East Kilbride Area Education Resources Executive Finance and Corporate Resources Hamilton Area Housing and Technical Resources Licensing Petitions Planning Planning Local Review Body Recruitment Risk and Audit Scrutiny Social Work Resources b We will appoint members of each standing committee. Unless we decide otherwise, members will hold office until the next time councillors are elected. c There will be provision for substitute members as specified within the terms of reference for the Council and its associated committees. 310 Special committees We can appoint a special committee and set out its powers and duties. We will reappoint these committees when we reappoint standing committees unless we decide not to. Unless we decide otherwise, the committee will appoint its own chairperson and depute chairperson. 321 Advisory committees We can appoint advisory committees, which may include people other than members of the Council. Advisory committees can also be appointed by standing committees. We or the standing committee will set out the duties and responsibilities of the committees. 50
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12 332 Appointing committees Unless a law or these standing orders say otherwise, we will appoint the members for all committees. 343 Chairing committees a At a committee meeting, the chairperson appointed under standing order number 1 at the first meeting of the Council following the election will chair the meeting, if he or she is present. b A depute chairperson will chair a committee meeting if the chairperson is not present. If the chairperson and the depute chairperson(s) are not present, another member chosen by the members at the meeting will chair the meeting. 354 Ending office Unless we decide otherwise, anyone who stops being a member of the Council will also stop being a member of all committees. 365 The committee's powers and duties a Depending on the law and these standing orders, the powers and duties committees have are set out in the law or terms of reference, standing orders, financial regulations or Council resolutions. b We may deal with any matter included in the terms of reference of a committee if we think it appropriate. c We may change any terms of reference of any committee. 376 Religious, Teacher and Parent Council representatives on the Education Resources Committee If there are religious, teacher or Parent Council representatives on the Education Resources Committee, these people will be entitled to vote on any issues. 387 Passing on responsibilities to committees and officers a Depending on the law and these standing orders, we will pass on responsibility to standing committees in the following circumstances:- If the matter is to do with a scheme made under the Local Government (Scotland) Act 1973 or any subsequent or amending legislation or another law. If we decide to pass on certain responsibilities to that committee. b Our officers are authorised to take decisions on matters under the powers set out in the scheme of delegation. c If a matter requires to be dealt with as a matter of urgency, the Chief Executive or any Executive Director, in consultation with the relevant chairperson or depute chairperson and ex officio member, can decide on the matter and report on the action taken to the next meeting for information. 51
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13 398 Committee proceedings a The Executive Committee must approve consider recommendations from standing committees on any issues involving new policy or a change in policy. We must approve consider any issues referred to us by the Executive Committee. b However, the committee can put into practice any decision on any matter which the committee decides is urgent. 4039 Councillors attending meetings a Unless paragraph b of this standing order applies, any member may go to a committee meeting even if he or she is not a member. The member cannot take part in the proceedings and cannot vote on any issue. However, the chairperson may decide the member can speak on any issue of local interest. b If a Council member is not a member of the committee, he or she cannot go to a committee meeting if either of the following apply and it is also decided that the item is exempt or confidential:- the meeting is about a matter which may affect the interests of one particular person; or the decision is made after a hearing and the person or their representative has a right to put their case. c If a committee or sub-committee has a hearing:- on a matter where the decision may affect the interest or rights of any person as an individual; and, where the person has a right to be heard in person or through a representative; members of the committee or sub-committee can only take part or vote on the matter if they have been at the whole of the hearing.Where the Council, committee or sub- committee is required to determine an item of business which is of a quasi-judicial nature, a member must participate in the meeting for the duration of the item to allow their vote to be counted. If a member joins or leaves the meeting at any point during discussion of the item, they will not be permitted to participate in the item or any vote. Similarly, if a matter is continued to a further meeting, a member is required to participate on each occasion when it has been discussed in order to participate in the item or any vote, unless there have been no substantive discussions at the earlier meeting. 410 Calling committee meetings As far as ordinary committee meetings are concerned, we will hold them at fixed times. However, the chairperson can change the date and time of meetings if he or she wants. But the chairperson must give a reason why he or she changed the date and time of that meeting. 421 Referring matters to sub-committees Each committee can refer any matter to a sub-committee. 52
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14 432 Standing orders which apply to committees The terms of standing order numbers 3, 4, 5, 8, 9, 10, 11, 12, 14, 15, 16, 17, 18, 19, 21, 22, 23, 24, 25, 26, 27, and 28 and 29 apply to committees in the same way as they apply to us. 53
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15 Sub-committees 443 Appointing sub-committees A committee of the Council may appoint sub-committees or special sub-committees. 454 Members of sub-committees Sub-committees will normally be made up of members from the parent committee. People who are not members of the committee can only be appointed to sub-committees with the permission of the Executive Committee. 465 The sub-committee's powers and duties a Each sub-committee will deal with all matters referred to it by the committee. b The parent committee may, but only in exceptional circumstances where a matter becomes urgent, deal with any matter referred to a sub-committee even if the committee does not have a report from the sub-committee on the matter. c Unless any law says otherwise and if the Executive Committee approves, the committee can change the matters referred or passed on to any sub-committee. d Two or more Council committees can appoint a joint sub-committee which will be a special sub-committee. The terms of the standing orders which apply to sub-committees also apply to joint sub- committees. The Executive Committee must approve any joint sub-committee which is set up, what it is for, and the appointment of the chairperson. 476 The chairperson of sub-committees a The Executive Committee will appoint the people who will be the chairs of sub- committees. The Executive Committee can appoint the chairperson of a standing committee to be the chairperson of any of its sub-committees. b The chairperson will take a meeting of a sub-committee. c If the chairperson is not at a meeting of a sub-committee, another member, chosen by the members, will take the meeting. 487 Chairperson of a committee (to be a member of the sub-committee) The chairperson of the standing committee will also be a member of all its sub- committees. 498 Standing orders which apply to sub-committees The terms of standing orders number 3, 4, 5, 8, 9, 10, 11, 12, 14, 15, 16, 17, 18, 19, 21, 22, 23, 24, 25, 26, 27, and 28 and 29 will apply to sub-committees. 5049 Sub-committee minutes We will circulate minutes of all meetings of sub-committees to the members of the committee. The committee must approve the minutes except for matters which are the responsibility of the sub-committee. 54
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16 Finance 510 Planning and budgeting a In each financial year, the Executive Committee will consider any guidelines that are suitable for the preparation and approval of budgets for revenue and capital spending and for developing services. b Detailed budgets for capital and revenue spending for the next financial year should be prepared within the guidelines and according to the procedures the Executive Committee or Council approves. c The revenue estimates will be considered by the Executive Committee prior to making recommendations to the Council to set the Council Tax, rates and charges for the next financial year. d The Executive Committee must give the Council these budgets and recommendations. This will be at a meeting on or before the date set by law. After the Council has considered the budgets and any recommendations, we will change any budgets we think need to be changed and then approve and authorise the spending. e Unless specified within the guidelines from the Executive Committee, the Housing and Technical Resources Committee will consider the budgets for spending on council housing and recommend a budget and a rent level for the succeeding year to the Executive Committee. After the Council has considered the budgets and any recommendations, we will change any budgets we think need to be changed and then approve and authorise the spending. f Unless specified within the guidelines from the Executive Committee, the Executive Committee will consider and make recommendations on capital spending to the Council. After we have considered the budgets and any recommendations, we will change any budgets we think need to be changed and then approve and authorise the spending. g While the Council’s Section 95 officer is responsible for the proper administration of the Council’s financial affairs and has responsibility for the administration of those affairs, including preparing a budget paper for consideration by the Council, in compliance with The Local Government Finance Act 1992, each financial year elected members have a duty to set a balanced budget for the Council for the coming year. To assist with this, and in line with existing practice, any proposals to the budget should be submitted to the Executive Director (Finance and Corporate Resources) by noon at least 3 days in advance of the budget meeting to allow time for assessment in terms of competence from a financial perspective. 521 Spending, supplementary budgets and transferring funds a No committee can let its spending, whether revenue or capital, go over its financial allowance. No committee or official can run up any expenses unless:- we have approved the expense under standing order number 50; it is a capital expense which we have approved under standing order number 50 and, if necessary, we have received a tender or quotation and government permission we may need; or 55
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17 the expense has been authorised under the other paragraphs of this standing order. b A committee can transfer money within its revenue budget and within its capital budget to current or new projects but:- a report must go to the relevant Resource Committee or Executive Committee if this transfer will change our approved policy; and, if the transfer affects future years' revenue budgets, a report must go to the relevant Resource Committee or Executive Committee. (This report should show what effect this transfer will have on future budgets.) c If a committee:- is going to spend revenue or capital that is not included in the revenue or capital budgets we have approved under standing order number 50 or to reduce income provided in that way; and, is not going to pay for the spending by transferring its funds; the committee must be informed throughout the year. The committee must report an assessment of the financial spending for current and future years. In the case of revenue transfers, this should include the budget heads which will be reduced in future years. After that, the procedure laid down for approving the original budgets will apply. The Executive Director (Finance and Corporate Resources) must agree before a proposal for a transfer or supplementary budget is reported to a standing committee. 56
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Report Agenda Item Report to: South Lanarkshire Council Date of Meeting: 20 November 2024 Report by: Executive Director (Finance and Corporate Resources) Subject: Touch a Life, Make a Difference Initiative Update 1. Purpose of Report 1.1. The purpose of the report is to:- [purpose] provide an update on the Touch a Life, Make a Difference initiative, including the successful fundraising work undertaken in 2024 seek approval for the primary beneficiaries of the initiative’s fundraising work in 2025, and the process by which four other local beneficiaries will be chosen [1purpose] 2. Recommendation(s) 2.1. The Council is asked to approve the following recommendation(s):- (1) that the update on the Touch a Life, Make a Difference initiative is noted; (2) that Sense Scotland and The Guide Dogs for the Blind Association are agreed as the primary beneficiaries of the Touch a Life, Make Difference initiative for 2025; (3) that the approach for the selection of four further local beneficiaries is agreed, as set out at Sections 4.6 and 4.7 of this report; and (4) to note that a report will be submitted to the 19 February 2025 meeting of the Council seeking approval of the identity of those four smaller local beneficiaries. [1recs] 3. Background 3.1. At its meeting on 31 January 2024, South Lanarkshire Council approved the launch of the “Touch a Life, Make a Difference” initiative to encourage local organisations, community groups, local people and schoolchildren to raise money for good causes within their own and the wider South Lanarkshire area for the benefit of people. The Council also approved Kilbryde Hospice as the beneficiary of fundraising initiatives in 2024. 3.2. As was reported to the Council in January, each year a beneficiary was to be recommended as the recipient of fundraising activities. 4. Proposal 4.1. The first year of the Touch a Life, Make a Difference initiative has been very successful. As at the start of November, the total funds collected to date are over £58,000. There have been a number of different events organised during the year, including (i) the Burns Supper organised by the Council and held in Hamilton, which raised over £30,000, and (ii) the Touch a Life, Make a Difference Musical which toured Rutherglen, East Kilbride, Hamilton, and Lanark throughout October, showcasing the talents of local choirs and school children from each area, the tour 7 57
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also being supported by the Soundsational Choir, with the four concerts having collectively raised over £11,000. The remaining funds have been raised through a variety of events, including coffee mornings organised by Council Resources, local clubs and organisations. The Provost continues to promote the initiative at the functions she attends. 4.2. As reported to Council in January 2024, there will also be an Awards Dinner held on 15 November 2024 at the Burnside Hotel, hosted by the Lord Lieutenant, where the local fund raisers will be honoured and the Provost’s Annual Fundraising Award presented. 4.3. Fundraising for Kilbryde Hospice will continue for the remainder of 2024. The Members’ Services support team are hosting a charity lunch for all Elected Members following this meeting of the Council. 4.4. To build on the success of the initiative in 2024, it is proposed that for 2025 the Council select two primary beneficiaries, and in addition select four smaller local beneficiaries. 4.5. For 2025, it is proposed that Sense Scotland and The Guide Dogs for the Blind Association be the primary beneficiaries. Whilst these are both national charities, they both have a significant local presence in South Lanarkshire. Guide Dogs for the Blind have 3 bases in Scotland, one being in Hamilton. 4.6. It is proposed that nominations are sought from Elected Members for the four further local beneficiaries, one beneficiary from each area (Clydesdale, Hamilton, East Kilbride and Cambuslang/Rutherglen). Nominations will be sought through the political groups, with each group (or individual member not being part of a group) being asked to nominate one local beneficiary from each area. 4.7. Nomination forms will be issued by the Provost’s Office, that will seek certain information on the proposed beneficiary, including (i) what they do, (ii) main geographical area(s) of operation, (iii) staffing/volunteer numbers (iv) current financial position (if known) and (iii) their link to the Council’s strategic priorities. All nominees will then be assessed by a Panel Chaired by the Provost, to also comprise the Depute Provost and the Group Leaders, including Cllr Robb. The Panel would not be decision-making but would agree a recommendation on the identity of the four smaller local beneficiaries to be brought back to the 19 February 2025 meeting of the Council for approval. A proposal for how the fundraising is shared between the six beneficiaries will also be brought to Council in February 2025. The Council’s Finance Team will assist with the holding and distribution of funds that have been raised. 4.8. Pending confirmation of the small beneficiaries, fundraising would continue for the Touch a Life, Make a Difference initiative, including the holding of a Burns Supper in early 2025. 4.9. In the usual way, the Provost will be hosting the Community Service Awards in early spring 2025, and each Elected Member will have the opportunity to nominate two of their constituents for these Awards. Further information on this will be issued by the Provost’s Office in due course. 5. Employee Implications 5.1. The are no employee implications directly arising from this report, and the work on this initiative would be met form existing resources. 58
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6. Financial Implications 6.1. The are no employee implications directly arising from this report, and the work on this initiative would be met form existing resources. 7. Climate Change, Sustainability and Environmental Implications 7.1. There are no climate change, sustainability and environmental Implications from this report. 8. Other Implications 8.1. There are no other implications from this report. 9. Integrated Impact Assessment and Consultation Arrangements 9.1. There is no requirement for an Integrated Impact Assessment. Jackie Taylor Executive Director (Finance and Corporate Resources) 1 November 2024 Link(s) to Council Values/Priorities/Outcomes Accountable, effective, efficient and transparent Fair, open and sustainable Ambitious, self-aware and improving Previous References South Lanarkshire Council 31 January 2024 - Touch a Life, Make a Difference Initiative List of Background Papers None Contact for Further Information If you would like to inspect the background papers or want further information, please contact:- Iain Strachan, Head of Administration and Legal Services Ext: 4516 (Tel: 01698 454658) Email: iain.strachan@southlanarkshire.gov.uK 59
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Agenda Item Full Funding from Extended Producer Responsibility Scheme Notice of Motion Motion received in terms of Standing Order No 20 on 22 October, 2024, proposed by Councillor Mark McGeever, seconded by Councillor Norman Rae, as follows:- “South Lanarkshire Council welcomes the forthcoming introduction of Extended Producer Responsibility (EPR) throughout the United Kingdom. In accordance with the Polluter Pays principle, EPR will relieve local councils and taxpayers from significant costs of dealing with packaging from household goods. Instead, producers will be responsible for meeting the costs of disposing of their packaging. Businesses, public sector bodies and voluntary organisations all produce packing, and will clearly benefit from there being one system consistent across the UK. Council therefore welcomes the decision of the Scottish Government to work with the United Kingdom Government, the Welsh Government, and the Northern Ireland Executive to establish a uniform scheme from 2025. Council notes that the administrator of the scheme will distribute income from packaging producers to local authorities, in order to compensate them for the cost of collecting, processing, recycling, and disposing of waste packaging. It is right that for the purpose of calculating payments to local authorities, they will be grouped according to their particular characteristics rather than their location within the UK. The EPR principle obviously requires that producers’ payments go entirely to the councils dealing with the waste: They cannot be a source of general revenue for the Scottish, UK, Welsh or Northern Irish governments. Accordingly, South Lanarkshire Council is concerned by suggestions the Scottish Government may not pass-on the full payments allocated by the scheme administrator to local authorities within Scotland. South Lanarkshire Council instructs the Chief Executive to write to the UK Government Secretary of State for the Environment and to the Scottish Government Cabinet Secretary for Finance, to seek guarantees that all funds allocated by the EPR scheme Administrator to councils in Scotland will go directly and fully to them.” 9 61
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Agenda Item The Voluntary Sector and Disclosure Scotland Fees Notice of Motion Motion received in terms of Standing Order No 20 on 30 October 2024, proposed by Councillor Robert Brown, seconded by Councillor Mark McGeever, as follows:- “South Lanarkshire Council welcomes:- 1. the huge contribution made by the voluntary sector in Scotland to civic society and the welfare of our citizens, often in areas in which formal Government structures do not deliver. Council notes with concern:- a. the proposals by Disclosure Scotland on behalf of the Scottish Government for removal of the current fee waiver for volunteers meaning an end to free PVGs for volunteers; and b. the decision to replace lifetime Qualified Voluntary Organisations (QVO) certification by a requirement to renew every 5 years from April 2026. Council is clear that these changes amount to the damaging imposition on the voluntary sector or on volunteers of considerable additional costs which will undermine the voluntary sector, deter volunteers or both. Council calls on Disclosure Scotland and the Scottish Government to withdraw these proposals.” 10 63
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Agenda Item Abolition of the Requirement for Panel Approval of Bus Franchising Notice of Motion Motion received in terms of Standing Order No 20 on 4 November 2024, proposed by Councillor Joe Fagan, seconded by Maureen Devlin, as follows:- “The Council notes that Strathclyde Partnership for Transport (SPT) has identified bus franchising as its preferred option for reform to advance the aims of its Strathclyde Regional Bus Strategy. The Council reiterates its support for reform of Strathclyde’s bus market and welcomes progress made by SPT to date. The Council notes that the Scottish Parliament chose not to annul a Scottish Statutory Instrument relating to the establishment of an unelected panel, appointed by the Traffic Commissioner, to decide on whether to approve bus franchising proposals. The Council further notes that this decision was made against the recommendation of the Scottish Parliament’s Net Zero, Energy and Transport Committee. The Council considers that the requirement for a democratically accountable public transport authority, such as SPT, to gain the approval of an unelected panel to progress bus franchising is fundamentally undemocratic, increasingly out of step with developments elsewhere in the UK and represents a weakness in the Transport Act (Scotland) 2019. The Council therefore considers that this requirement should be abolished and that the Scottish Government should timeously establish an alternative, more democratic approach to the implementation of bus franchising.” 11 65
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Agenda Item Women Against State Pension Inequality (WASPI) Notice of Motion Motion received in terms of Standing Order No 20 on 4 November 2024, proposed by Councillor Carol Nugent, seconded by Councillor Janine Calikes, as follows:- “Council notes the findings from the UK Parliamentary and Health Service Ombudsman (PHSO) final report into the women’s State Pension age and associated issues, published on 21 March 2024. Council acknowledges the PHSO has confirmed that women affected are owed compensation on the grounds of maladministration by the DWP, as the state pension age changes were not adequately communicated to the women affected. Council notes that the report finds that many 1950s-born women have experienced financial loss and a negative impact on their health, and emotional wellbeing. Here in South Lanarkshire, it is estimated that over 14,000 women have been affected by this injustice. PHSO, Chief Executive Rebecca Hilsenrath has shared her “significant concerns” that the DWP will fail to act on its findings and in turn the PHSO has asked the UK Parliament to intervene and to identify a way to provide appropriate remedy. The ruling by the PHSO is vindication of the tireless efforts of the WASPI campaigners including groups here in South Lanarkshire and the injustice that has been served by successive UK Governments, this has not only had a profound effect on the individuals but also on the wider community in South Lanarkshire. Council fully supports the WASPI campaign and calls for a swift resolution to this ongoing injustice. Council instructs the Chief Executive to write to the Secretary of State for Work and Pensions to reiterate the need for the UK Government and Parliament to act swiftly and to set up a fair compensation scheme in order to resolve this injustice.” 12 67
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Agenda Item Taking Action on Vape Sales to Children Notice of Motion Motion received in terms of Standing Order No 20 on 5 November 2024, proposed by Councillor Elise Frame, seconded by Councillor Cal Johnston-Dempsey, as follows:- “Council notes the recent publication of an article on our South Lanarkshire View website regarding the sale of disposable vape products to those under the age of 18. Council expresses disappointment that more than one third of retailers we tested were found to have sold vapes to people under the age of 18. Council further notes, and condemns, the fact that, when these retailers were re-tested, a quarter were found to still be breaking the law. Council notes that our Trading Standards Officers have fined those retailers breaking this law £200 (£150 if paid within 14 days) but is discouraged that a quarter of retails continued to sell disposable vapes to children and young people. Council believes that this indicates that rogue retailers are factoring the fine risk into the cost of doing business. Council welcomes the potential complete ban of disposable vape products, which is being discussed at a UK level, and notes a previous motion passed in this chamber calling on such a ban. Until this national ban comes into effect, Council recognises that more must be done on a local level. Council agrees: 1. That Trading Standards will continue to test retailers and, where practicable, will increase how many outlets are tested. 2. That existing confidential processes for members of the public to report retailers selling nicotine products to minors – via phone, web form and email – will be better promoted and publicised through the council’s various communications channels. 3. Where a premises is found to have sold nicotine products to people under the age of 18, Trading Standards will continue to liaise with the Licensing Team to consider where further action might be appropriate, including; a. The possibility of seeking an order in the Sheriff Court prohibiting the sale of nicotine products by that vendor. b. The possibility of reviewing a relevant licence held by the seller, issued by this Council/the Licensing Board for the provision of age-restricted goods or services, for example; the sale of alcohol, skin piercing, tattooing, fireworks, gaming, knife dealer, sex shop, cinema, sunbed, and the like. Council thanks Trading Standards, and their youth volunteers, for the work they have already carried out on this issue.” 13 69
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Agenda Item Cessation of Arms Sales to Israel and Publication of Legal Advice Notice of Motion Motion received in terms of Standing Order No 20 on 5 November 2024, proposed by Councillor Andrea Cowan, seconded by Councillor Cal Johnston-Dempsey, as follows:- “Council call upon the new Westminster Government to immediately cease approval of all licences for the export of weapons and weapon parts to Israel. It is now highly likely that the continuation of these exports breaches international humanitarian law and makes the UK Government complicit in the potential war crimes that continue to be committed in Gaza. The resignation in August 2024, of senior civil servant, Mark Smith, who served as Second Secretary at the Foreign, Commonwealth and Development Office (FCDO) has thrown new light on previous claims of there being one of the most ‘robust and transparent’ arms export licensing regimes in the world in place, into serious doubt. The civil service union, the PCS has also previously warned of its concerns and warned of potential legal action over the possible illegality of the UK Government permitting ongoing arms exports in potential contravention of international law. The council believes that this action would send a powerful message to Netanyahu’s government as well as ensuring that the UK Government does not cause the UK to break international law. The council further asks the UK Government to publish the legal advice on this matter as requested by them previously of the former Government. Council instructs the Chief Executive to write to both the Scottish First Minister and the UK Prime Minister outlining the details of this motion, as agreed.” 14 71
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Agenda Item Exploration of a New Waste Management System Notice of Motion Motion received in terms of Standing Order No 20 on 5 November, 2024, proposed by Councillor Janine Calikes, seconded by Councillor Andrea Cowan, as follows:- “Council notes that litter is an ongoing issue throughout the authority, especially in areas where there are commercial/retail units, making our town centres/high streets look run down and uninviting. Council recognises that South Lanarkshire Council does not operate a commercial waste service and that these services are the responsibility of individual businesses to arrange and manage. However, Council also agrees that the existing arrangements for commercial waste uplift, particularly around our town centres, is failing. Council instructs officers to investigate the existing commercial waste management arrangements and explore options for a new system, reporting to a meeting of the Community and Enterprise Committee in advance of the 2025 summer recess on options and associated implications. Council asks officers to explore and report on the feasibility of the following options in addition to any other methods considered as part of its exploration: - • Options and implications of a system of allocated time slots for commercial waste to minimise the time waste is placed on streets. • Proposals for consulting with businesses and their service providers on any new arrangements. • Options and implications of supporting businesses to adjust to any changes. • Options and implications of compliance, including the use of Fixed Penalty Notices.“ 15 73
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Agenda Item Hamilton Academical Football Club Notice of Motion Motion received in terms of Standing Order No 20 on 5 November 2024, proposed by Councillor Colin Dewar, seconded by Councillor Mary Donnelly, as follows:- “Council acknowledges that Hamilton Academical Football Club marks it’s 150th anniversary this year; having been formed in late 1874 by the rector James Blacklock and pupils of Hamilton Academy. Council notes that Accies are one of the oldest senior football clubs in Scotland and the only professional club in the UK to have originated from a school team; that whilst the exact date of formation isn’t known the first documented match of the club was played on the 12th December 1874; that the club joined the Scottish Football League in November 1897 and has since competed across all 4 divisions of the league. Council notes that Accies played at various venues across Hamilton initially; thereafter taking up residence at Douglas Park from 1888-1994 and then returning to the town in 2001 after seven years with the opening of New Douglas Park. Council agrees that Hamilton Academical Football Club is an asset to the local community; congratulates the club on this significant milestone in it’s history, all of the numerous achievements over the past 150 years and sends the club, staff and supporters best wishes for season 24/25 and for many future years to come.” 16 75
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Agenda Item Marking 16 Days of Activism Against Gender Based Violence 2024 Notice of Motion Motion received in terms of Standing Order No 20 on 5 November 2024, proposed by Councillor Janine Calikes, seconded by Councillor Mary Donnelly, as follows:- “Council welcomes the upcoming 16 Days of Activism against Gender Based Violence 2024 which begins on 25th November, International Day for the Elimination of Violence Against Women and continues until 10th December, International Human Rights Day. 16 Days includes significant dates; November 29th, Human Rights Defenders Day; December 1st, World AIDS Day; December 3rd International Day of Persons with Disabilities; December 5th, Volunteer Day for Economic and Social Development – all important dates, marking issues that hugely intersect with women’s rights and underlining the work still required towards equality for all across the world. Council notes that 25th November, International Day for the Elimination of Violence Against Women will be a significant day of action across Lanarkshire with South Lanarkshire Council once again lighting up Hamilton Town House in orange to signify its support for a future free from violence against women and girls. Additionally, Rape Crisis Lanarkshire, will be marking the occasion of its’ 20th anniversary by holding what is thought to be Lanarkshire’s first ever ‘Reclaim the Night’ walk, setting off from Castle Street in Hamilton at 6pm. South Lanarkshire Council congratulates Rape Crisis Lanarkshire on this much needed initiative, wishes the organisation well on its 20th anniversary and looks forward to a day when such organisations are not needed. However, as we know, around the world, millions of women and girls suffer physical or sexual violence every day. In the UK, a woman is killed every three days by a partner or ex- partner. In the year 2021/22, 64,807 domestic abuse incidents were recorded by Police Scotland – 81% of these cases recorded a woman being abused by a man. Across Europe 95% of people trafficked for sexual exploitation are women and girls. It is because of shocking statistics such as these that South Lanarkshire Council continues to support initiatives such as 16 Days of Activism against Gender Based Violence, International Day for the Elimination of Violence Against Women, and organisations like Rape Crisis Lanarkshire.” 17 77
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Report Agenda Item Report to: South Lanarkshire Council Date of Meeting: 20 November 2024 Report by: Chief Executive Subject: External Auditor’s Annual Report to South Lanarkshire Council 1. Purpose of Report 1.1. The purpose of the report is to: [purpose] ♦ advise members of the External Auditor’s, Audit Scotland, Annual Report to the Council for 2023/2024 [1purpose] 2. Recommendation(s) 2.1. The Committee is asked to approve the following recommendation(s): [recs] (1) that the External Auditor’s Annual Report 2023/2024 to the Council be noted. [1recs] 3. Background 3.1. The Risk and Audit Scrutiny Committee considered the External Auditor’s Annual Report to the Council at its meeting on 24 September 2024. 3.2. A copy of Audit Scotland’s letter and report for the Council (Item 3) and the letter for the Charitable Trusts (Item 4) can be accessed at the following links (to the Risk and Audit Scrutiny Committee): • Audit Scotland Letter - South Lanarkshire Council • Annual Audit Report 2023/2024 - South Lanarkshire Council • Audit Scotland Letter - South Lanarkshire Charitable Trusts 4. Employee Implications 4.1. None. 5. Financial Implications 5.1. None. 6. Climate Change, Sustainability and Environmental Implications 6.1. There are no climate change, sustainability or environmental implications in terms of this report. 7. Other Implications 7.1. There are no issues in terms of risk in relation to the content of this report. 8. Integrated Impact Assessment and Consultation Requirements 8.1. No integrated impact assessment or consultation is required in terms of the recommendation contained within this report. 18 79
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Jackie Taylor Executive Director of Finance and Corporate Resources 25 October 2024 Link(s) to Council Values/Priorities/Outcomes ♦ Accountable, effective, efficient and transparent Previous References ♦ Risk and Audit Scrutiny Forum, 24 September 2024 List of Background Papers ♦ None Contact for Further Information If you would like to inspect the background papers or want further information, please contact: Lorraine O’Hagan, Head of Finance Ext: 5637 (Tel: 01698 455637) E-mail: lorraine.o’hagan@southlanarkshire.gov.uk 80