Appendix 1 Proposed Amendments to Local Scheme
Argyll and Bute Council · 24 April 2025
Back to Argyll and Bute Council — 24 April 2025 and its agenda
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Appendix 1 Proposed Amendments to the 2022-2026 Argyll and Bute Scheme for the Establishment of Community Councils Covering page to be updated to include new service details and to reflect that the Scheme will be the 2026 Scheme. Page 3, Paragraph 1.2 – Amend to reflect that the Model Scheme on which the local Scheme is based is the 2023 version. Page 3, add a further 2 paragraphs to reflect the 2023 model scheme as follows: 1.3 The role of Community Councils in Scotland was further strengthened by the Community Empowerment (Scotland) Act 2015 which identified them as community participation bodies. 1.4 Community councils have a statutory right to be consulted on applications for planning permission and have a key role as per the Planning (Scotland) Act 2019 in engaging with the statutory planning system. Page 4, amend paragraph 3.6 in line with model Scheme replacing “and to facilitate the proper conduct of their proceedings …” with “and to facilitate their proceedings being properly structured and regulated, to ensure that items of business relevant to the community are properly debated and decisions reached in a democratic manner …” Page 4, amend paragraph 3.7 to add the sentence from the Model Scheme “Good Practice Guidance has been produced to help Community Councils to deliver on these responsibilities.” Page 5, 3.7(b) increase the timescale for production of minutes to within 21 days after the meeting – Previously this was 14 although was 20 days in the 2013-18 local Scheme. The 2023 model Scheme specifies that minutes should be submitted within 30 days. On the basis that we do see some capacity issues in smaller CCs, 3 weeks is not an unreasonable period, and it is proposed to meet in the middle of the requirements from the Model Scheme and our existing Scheme. Page 5, 3.7 – add an additional clause (g) “Respond to enquiries and feedback from the community” adopted from the model Scheme 2023. Page 5, 4.1 – Make clear boundary maps are online accessible through the link ArcGIS Web Application. Page 6, 6.2 – add that “interim by elections will take place in year 2 of the 4 year term, on a date specified by the Returning Officer, in respect of all vacancies,
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including those currently filled by co-option”. There has not been a situation where there has not been a requirement for the interim by-election. Provision being inbuilt will allow for staff to consider timing of elections against other electoral events earlier, and for community councils to have adequate time to locally promote the by- election. Page 8, 6.8 –add a further bullet point “On the death of an elected community council member” Page 8, 6.8(b) – clarification added that the member must meet the eligibility criteria but not be subject to any disqualifications in terms of paragraph 6.9, or ineligible for co-option in terms of 6.8(f). Page 8, 6.10 – amend to clarify that interim elections are held in year 2. Page 10, 8.1 – amend to use full wording from the 2023 model Scheme. This reads “The Equality Act 2010 makes it unlawful to discriminate against persons or groups on the grounds of the protected characteristics of race, sex, gender recognition, disability, age, sexual orientation, marriage and civil partnership, pregnancy and maternity, and religion or belief. Recognition should be given to the contribution of everyone participating in the work of the community council. Community councils must comply with Equal Opportunities legislation and should recognise and value diversity in their membership and in their communities, ensuring that equality of opportunity be given to every resident to have their knowledge, opinion, skill and experience taken into account. Consideration must also be given by the Community Council as to their meeting place, whether online or in-person. This must be in terms of accessibility and facilities for disabled users, as well as location, as far as practicable, to ensure that the needs of all members, visiting public or other additional members are met” Page 10, 9.2 – allow AGMs to be take place before the end of September in each year to reflect that some community councils may wish to instruct audited accounts and require additional time to allow their accounts to be audited, rather than the default standard which would be independent examination. Pages 10 & 11, 9.5 – add wording in from the 2023 model scheme re the best practice about recordings (audio or video) and expand regarding the duration that these will be retained for in line with ICO guidance. Page 11, 10.4 – update to reflect that minutes should be submitted to the Community Council Liaison Officer within 21 days of the meeting taking place (as set out above). Page 11, 11.1 – Update to reflect that AGMs should take place no later than 30 September (as set out above) Page 12, 11.5 – Remove reference to Audited accounts, the required minimum level of scrutiny is for the accounts to be independently examined (as previously agreed). This section should reflect this. Also update the first bullet point to make clear that
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audit fees can be paid from the administration grant, should a community council prefer a higher level of scrutiny of their accounts to be applied. Page 13, 13.2.2 – Clarify that 3 or more complaints regarding an individual community councillor, or from single individual would trigger a Conduct Review Panel. Page 13, 13.3 – Complaints received should be subject of a “sift” process to determine whether, on the face of it, there is a competently stated complaint. It would be appropriate for this to be delegated to the relevant Executive Director in consultation with the Chair of the PPSL Committee who will rule on matters of competency. That decision will be full and final and will either result in the complaint being rejected or a complaint being referred by the CCLO to a Conduct Review Panel for consideration. Page 13, 13.4 – Clarify that the term vexatious is a complaint is one that is made with the intention of causing annoyance, frustration, or disruption rather than addressing a genuine grievance. Page 14, 13.5 – Add provision for mitigating circumstances to be taken into account and where these are evident, and the breach is minor, an acknowledgement that the breach is de minimis but decision to take no further action is a permissible outcome. Page 14, 13.7 – Add word “competent” for consistency with amendments to 13.3 and that decision under paragraph 13.5.5 can also be referred to a Conduct Review Panel. Page 14, 13.9 – Add to option to seek review of a decision under paragraph 13.5.5. Page 15, 13.12 – Add additional provisions for where there is mitigating circumstances and a breach is minor to recommend a community council issue and acknowledge this but otherwise to take no further action. Enhance the range of sanctions available to include formal written warnings that can remain in place for set durations, up to a maximum of 12 months; invite a community council or community councillor to participate in training on mandatory skills such as community engagement, planning training and/or governance training. Page 16, 13.13 – remove 13.3 and replace with paragraph 13.5.5. Amend the reasons to redirect a complaint to the community council for consideration which will now be based on clauses 13.2, 13.4, 13.5 and 13.6. Page 16, 13.15 - paragraph 13.12.5 is renumbered as 13.12.7 Page 20, 12(b) – for consistency, update the timescale for AGMs (per comments above) Page 20, 12(d) – amend title of Executive Director to be “Executive Director with responsibility for Legal and Regulatory Support”
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Page 20, 12(e) – for consistency, update the timescale for production of draft minutes to 21 days (per comments above). Page 24, 1(a) – for consistency, update the timescale for the AGMs (per comments above) Page 24, 2 – for consistency, update the timescale for production of draft minutes to 21 days (per comments above). Page 29 to 34 - Update Polling District numbers and names based on the review of the scheduled review approved by Council on 23 November 2023. Update the Electorate Figures and membership figures, noting that any final electorate figures, to ensure accuracy, will be based on the electoral register used to conduct the 2026 elections. Membership figures may, as result of those figures, be amended in line with the formula at Page 28.