Agenda reports pack
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 Comhairle Earra-Ghàidheal Agus Bhòid Executive Director: Douglas Hendry Kilmory, Lochgilphead, PA31 8RT Tel: 01546 602127 Fax: 01546 604435 DX 599700 LOCHGILPHEAD 16 April 2025 NOTICE OF MEETING A Special meeting of ARGYLL AND BUTE COUNCIL will be held ON A HYBRID BASIS IN THE COUNCIL CHAMBER, KILMORY, LOCHGILPHEAD AND BY MICROSOFT TEAMS on THURSDAY, 24 APRIL 2025 at 10:30 AM, which you are requested to attend. Douglas Hendry Executive Director BUSINESS 1. APOLOGIES FOR ABSENCE 2. DECLARATIONS OF INTEREST (IF ANY) 3. PROPOSAL TO REVIEW THE SCHEME FOR THE ESTABLISHMENT OF COMMUNITY COUNCILS IN ARGYLL AND BUTE (Pages 3 - 22) Report by Executive Director with responsibility for Legal and Regulatory Support Argyll and Bute Council Contact: Hazel MacInnes, Senior Committee Officer Tel:01546 604269 Public Document Pack
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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. Page 3 Agenda Item 3
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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. Page 4
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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. Page 5
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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 Page 6
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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 Page 7
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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, Page 9
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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 Page 10
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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” Page 11
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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. Page 12
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Appendix 2 TIMETABLE FOR REVIEW 2025 TO 2026 24 April 2025– Report to Council seeking approval to amend the local Scheme for the Establishment of Community Councils in Argyll and Bute is considered. 8 week consultation period commences no later than 25 April 2025 Consultation period closes Sunday 22 June 2025 * Report on phase one consultation to be brought to P&R – 21 August 2025 Phase 2 consultation commences not later than 22 August 2025 8 week consultation period closes Sunday 19 October 2025 * Present final proposals to a Special Council meeting – 26 November 2025 4 week public notice provided by 27 November 2025 would see the period of notice expiring on 25 December 2025*, however, the implementation would coincide with the Date of the Election – 20 August 2026. If further there are objections to the final scheme, those objections can be presented to February 2026 Council, for their determination otherwise the Scheme would come into effect as of the designated date determined by the Council. * Requirements of the Act are that the Local Authority must invite any community council concerned and the public to make to the local authority representations as respects the proposals to amend their Scheme. To facilitate this there will be direct communication with community councillors enclosing all review documents and inviting their response, a dedicated “review” webpage with the relevant notices will be set up, the consultation will added to the council’s consultation web page, and the Council’s social media channels, keeping in the loop and Community Planning Partnership Bulletins used to promote the consultation to the wider public and Community Planning Partners. Page 13
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Appendix 3 Proposed Amendments to the Best Practice Guidance 2022 Cover page updated to reflect the guidance will be from 2026-2030. Page 4, 12 – Removed reference to audited accounts and replace with independently examined, in accordance with the Scheme. Also make clear it will be draft AGM minutes that require to be submitted as part of the request to release an administration grant. Page 4, 14 – Remove provision for printing as this is used infrequently due to the use of email etc and puts CSC budgets under strain if large volume prints are suddenly requested. Administration budgets can be used to purchase print equipment and printer consumables. Page 4, 17 – Add that recordings of area committees will be available. Page 5, 18 – Add that live streams of council meetings are available and include link. Page 7, 10 – Make clear that having agreed priorities for the CC to achieve may encourage more people to become involved in the community council as there is clear purpose about what the CC want to achieve during the electoral term. Page 7, 13 – clarify that minutes should be displayed in accordance with Constitution. Page 9, 1.1.1 – Update all relevant contact information for services. Page 10, 3.1 – Update to reference changes to the “Customer Service Charter”. Page 11, 6.1 – Remove reference to the Complaints process as the complaints process is only accessible to a “member of the public”, as defined by Section 5 of the Scottish Public Services Ombudsman Act 2002. This does not preclude a community council from raising issues with Service Manager where they are not satisfied with the action taken or response to an enquiry, or from acting on behalf of a member of the public or helping a person complain. In this case the person’s written consent for the community council to act on their behalf would be sought. Page 14, 4.1 – Remove reference to the person examining the accounts being “preferably a qualified accountant” to be consistent with provisions in the Scheme which read “examined by a person of good standing appointed by the community council, who must not be a member of that community council” Page 15
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Lochgilphead Dunadd Craignish Kilfinan Inveraray Strachur North Knapdale Glenorchy & Innishail Luing Colintraive & Glendaruel Kilninver & Kilmelford South Knapdale Avich & Kilchrenan Furnace West Lochfyne Ardrishaig 0 1.5 30.75 Miles © Crown Copyright and database right 2024 All rights reserved. OS license (customer) account number AC0000849384 Legend Current Community Council Boundary Dunadd Lochgilphead Community Council Areas Ardrishaig Avich & Kilchrenan Colintraive & Glendaruel Craignish Dunadd Furnace Glenorchy & Innishail Inveraray Kilfinan Kilninver & Kilmelford Lochgilphead Luing North Knapdale South Knapdale Strachur West Lochfyne Dunadd Lochgilphead Ardrishaig West Lochfyne Kilfinan North Knapdale South Knapdale Strachur 0 1 20.5 Miles © Crown Copyright and database right 2024 All rights reserved. OS license (customer) account number AC0000849384 Legend Dunadd Lochgilphead Proposed Community Council Boundary Dunadd Lochgilphead Text Community Council Review - Existing Boundaries April 2025 - Dunadd CC & Lochgilphead CC Community Council Review - Proposed Boundaries April 2025 - Dunadd CC & Lochgilphead CC ¯ Appendix 4 Page 17
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Appendix 5 Community Council Administrative Grants In accordance with the Scheme for the Establishment of Community Councils, Argyll and Bute Council, upon production of the approved audited accounts, and subject to the community council ensuring they have brought the Council up to date with records of meetings, may provide an administrative grant to community councils to assist with the operating costs of the community council. Administrative grants are as follows: Number in Electorate Grant Payable (£) Up to 600 400 601 - 1000 400 1001 – 5000 500 5001 + 700 Page 19
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Appendix 6 ARGYLL AND BUTE COMMUNITY COUNCIL ELECTIONS 2026 TIMETABLE Publish Notice of Election 4 June 2026 Nominations Open 5 June 2026 Close of Nominations and last date for withdrawal 25 June 2026 (4pm) Publish Notice of Poll or Uncontested Elections 2 July 2026 Issue postal votes 16 July 2026 Election day/last day for receipt of postal votes 20 August 2026 (4pm) Count 21 August 2026 Page 21
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