Proposal to Review the Scheme for the Establishment of Community Councils in Argyll and Bute
Argyll and Bute Council · 24 April 2025
Back to Argyll and Bute Council — 24 April 2025 and its agenda
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ARGYLL AND BUTE COUNCIL COUNCIL LEGAL & REGULATORY SUPPORT 24 APRIL 2025 PROPOSAL TO REVIEW THE SCHEME FOR THE ESTABLISHMENT OF COMMUNITY COUNCILS IN ARGYLL AND BUTE 1.0 EXECUTIVE SUMMARY The purpose of this report is to seek approval of the Council to review the existing Scheme for the Establishment of Community Councils in Argyll and Bute, based on the suggested amendments outlined in Appendix 1, and in line with the timetable set out at Appendix 2; consult on the proposed amendments to the current Best Practice Agreement (Appendix 3) and note the timetable for the 2026 Community Council elections (Appendix 6). In terms of implications, by law, the decision to commence a review must be determined at a local authority meeting specially convened for the purpose with notice of the object. Any agreement to go out to review must also be by resolution passed by not less than two-thirds of the members voting thereon. While there may be future financial costs associated with the costs of conducing a postal ballot in respect of any contested elections, there are no financial implications for the council at this stage as there is no proposal to alter the existing grant levels, or for commitment of any other expenditure.
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ARGYLL AND BUTE COUNCIL COUNCIL LEGAL & REGULATORY SUPPORT 24 APRIL 2025 PROPOSAL TO REVIEW THE SCHEME FOR THE ESTABLISHMENT OF COMMUNITY COUNCILS IN ARGYLL AND BUTE 2.0 INTRODUCTION 2.1 This report seeks the authorisation of Council to progress with a review of the existing Scheme for Establishment of community councils in Argyll and Bute (local Scheme) based on the suggested amendments within Appendix 1, and in accordance with the timetable outlined within Appendix 2. The report also invites the Council to note the proposed timetable for the required quadrennial elections that are due to take place in 2026 (see Appendix 6). 3.0 RECOMMENDATIONS That the Council agrees; 3.1 by at least two-thirds of the members voting thereon, to commence a phase one consultation based on proposals to amend the current Scheme for the Establishment of Community Councils in Argyll and Bute; 3.2 to consult on the proposed changes to the Best Practice Agreement; 3.3 that consultation in respect of both the current Scheme for the Establishment of Community Councils in Argyll and Bute and the Best Practice Agreement is taken forward in accordance with the timescales and documents contained within Appendices 1 to 5 of this report; and 3.4 to note the proposed timetable for community council elections in 2026 within Appendix 6.
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4.0 DETAIL 4.1 Having regard to changing circumstances and to any representations made to them, every local authority shall from time to time review schemes made and approved under section 52 of the Local Government (Scotland) Act 1973 and, where they consider that such a scheme ought to be amended, they shall give public notice of their proposals, inviting any community council concerned and the public to make to the local authority representations as respects the proposals. Taking account of the relevant law, a full timetable is attached as Appendix 2 to this report which sets out the process to be followed. The key rule being that every proposed amendment must be subject to consultation. 4.2 It is recommended that a first phase of consultation takes place based on proposals to revise the existing local Scheme in accordance with Appendix 1 of this report. 4.3 In terms of the proposed revisions within the appendices to this report Members may note that there is a proposal to amend the boundary between Lochgilphead and Dunadd Community Council areas (Appendix 4). Community Council boundaries and polling district boundaries have previously been coterminous however a change was made to the polling district boundaries AA27 and AA33 during the last review of polling districts. The proposal to amend the boundaries between Lochgilphead and Dunadd Community Councils replicates this boundary change, bringing the community council boundary lines back in line with the polling district boundary lines. The proposed boundary change will see one residential property move from Lochgilphead to Dunadd community council area but essentially acknowledges the development potential of the area which would see close rural households split into two different community council areas. 4.4 The proposals do not seek to alter any other boundaries, nor do they propose any changes in composition of community council membership or grant levels (see Appendix 5). The changes focus on increasing the time to produce draft minutes; extending time to hold an AGM from 30th June to 30th September; amendments to the complaints section; and bringing in some changes that feature in the 2023 national model Scheme. Changes to the Best Practice Guidance within Appendix 3 are very minimal and mainly point to changes via the Council’s Standing Orders as to how the council records area committee meetings and live streams other committees, and where these can be viewed, as well as tidying up the position regarding community councils submitting complaints to the Council. These do not formally require to be subject to any consultation but it has been the practice previously to review the terms of these given the link to the Scheme.
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4.5 In accordance with the legal requirements, a decision of the local authority to review a scheme shall be by resolution passed by not less than two-thirds of the members voting thereon at a local authority meeting specially convened for the purpose with notice of the object. 5.0 CONCLUSION 5.1 The attached documents set out a clear process for the consultation phases required in terms of the Local Government (Scotland) Act 1973. The Council are invited to agree to review the Scheme in line with the proposed amendments which will form phase one of a public consultation which would run until Sunday 22nd June 2025. 6.0 IMPLICATIONS 6.1 Policy - None 6.2 Financial - There is no proposal at this stage to increase the level of grant awarded to community councils although it is feasible that this will be requested in response to the consultation. 6.3 Legal – Proposals are consistent with the Local Government Act (Scotland) Act 1973 6.4 HR – None, the review will be conducted from within existing staff resource. 6.5 Fairer Scotland Duty: 6.5.1 Equalities - protected characteristics - None 6.5.2 Socio-economic Duty - None 6.5.3 Islands - None 6.6 Climate Change - None 6.7 Risk - None 6.8 Customer Service - None 6.9 The Rights of the Child (UNCRC) - None Douglas Hendry Executive Director with responsibility for Community Council Governance Policy Lead – Councillor Mark Irvine 14 March 2025 For further information contact: David Logan, Head of Legal & Regulatory Support – Kilmory, Lochgilphead – 01546 604322 or Melissa Stewart, Democratic Services Manager, Legal & Regulatory Support – Kilmory, Lochgilphead – 01546 604331
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APPENDICES Appendix 1 Proposed Revisions to the current Scheme for the Establishment of Community Councils in Argyll and Bute Appendix 2 Proposed Timetable for Review Appendix 3 Proposed Revisions to the current Best Practice Guidance for Community Councils in Argyll and Bute Appendix 4 Boundary Map Appendix 5 Grant Levels Appendix 6 Proposed Timetable for Elections