Council Constitution Review 2024
Argyll and Bute Council · 26 September 2024
Back to Argyll and Bute Council — 26 September 2024 and its agenda
Text extracted from the council's PDF. Layout and reading order may differ from the original.
Page 1
ARGYLL AND BUTE COUNCIL COUNCIL LEGAL AND REGULATORY SUPPORT 26 SEPTEMBER 2024 COUNCIL CONSTITUTION REVIEW 2024 1.0 INTRODUCTION This report considers proposed changes to the Council Constitution. The Council generally reviews the Constitution annually and various changes are proposed which take into consideration decisions agreed by Council since the last review. An overview of key changes is provided at Appendix 1. 2.0 RECOMMENDATIONS 2.1 The Council is invited to agree to the adjustments to the Constitution as set out in Appendix 1 3.0 DETAIL 3.1 3.2 The proposed changes to the constitution are driven generally by incorporating updates in respect of decisions previously agreed by Council as set out in Appendix 1 and updates to reflect changes within the Council. In addition to the annual review, amendments to the Constitution will be considered in the event of any potential alterations to operational and procedural requirements. 4.0 CONCLUSION 4.1 4.2 The proposed changes will address issues arising since the last revision in September 2023. Council is recommended to agree the adjustments to the Constitution as outlined in Appendix 1 to ensure the Constitution remains up-to- date and facilitates the operation of regulatory functions. 5.0 IMPLICATIONS 5.1 Policy – These revisions will keep the Constitution up to date. 5.2 Financial - None 5.3 Legal - None
Page 2
5.4 HR - None 5.5 Fairer Scotland Duty - None 5.5.1 Equalities – protected characteristics – The provisions have no adverse impact in terms of equality issues and have the potential to enhance accessibility in respect of remote participation proposals. 5.5.2 Socio-economic Duty - None 5.5.3 Islands - None 5.6 Climate Change - None 5.7 Risk - None 5.8 Customer Service – None 5.9 The Rights of the Child (UNCRC) - Douglas Hendry - Executive Director with responsibility for Legal and Regulatory Support Policy Lead – Councillor Mark Irvine 16 August 2024 For further information contact: David Logan, Head of Legal and Regulatory Support, Kilmory, Lochgilphead Tel: 01546 604322 APPENDICES Appendix 1: Review of Constitution 2024 – Summary of Key Changes
Page 3
Review of Constitution 2024 – Summary of Key Changes APPENDIX 1 For discussion Reference – Current constitution Page & Paragraph detail Proposed amendment Part A The Constitution Page 7 Remove reference to Service plans. Part A The Constitution Page 13 Remove reference to “and the Heads of Service appointed by the Council.” Part B Standing Orders for Meetings Page 27 Add reference to - Appendix 1, Protocol for Virtual and Hybrid Meetings Part C Scheme of Delegation Page 57 Update Section 1.3.2 to include the addition of (14) Appointments Panel – HSCP as per the Council decision of 27 June 2024. (14) Appointments Panel – HSCP Chief Officer Interview Panel of 6 – IJB Chair, Vice Chair, Council Leader and Chair of NHS Highland (or their nominated substitutes), Chief executive of NHS Highland, Chief Executive of Argyll and Bute Council. Nominated substitutes for the Council will be politically balanced. Heads of Service Panel of 5 – 4 IJB Members (2 Council and 2 NHS Highland – Chair and Vice Chair, Council Leader and NHS Board Chair (or nominated substitutes) plus the Chief Officer as a voting member. Page 84 Revise paragraph 14 to add at the end thereof; ( c ) Chief Planning Officer
Page 4
Page 89 Insert at paragraph 59, with the paragraphs thereafter to be renumbered accordingly, as follows: To consider and determine all placing requests under Section 38 of the Standards in Scotland’s Schools etc. Act 2000, in accordance with the guidelines formulated by the Council. Page 97 Delete L10 and replace with the following- In regard to s75A of the Town and Country Planning (Scotland) Act 1997 (as amended) to (i) determine applications, and (ii) determine that a planning obligation can be modified or discharged by agreement in writing. Determination under this paragraph L10 shall not be permitted where there has been an earlier determination `by the PPSL Committee in relation to the planning obligation unless the determination relates to either (i) a planning obligation which has become obsolete either by means of being related to an expired and unimplemented planning permission; or (ii) where, in terms of planning, the obligation can be demonstrated to have been met in full and where there is no longer-term requirement (i.e. road safety, site restoration, ongoing management of land) for the burden on the land being retained. Part F Ethical Framework Page 193 Page 202 Page 203 Page 204 Update to Section 4 Registration of Interest Category Two change heading from Related Undertakings to Other Roles and a Category Nine should be added to that section 4, Close Family Members Remove reference to Related Undertakings and change to Other Roles Remove reference to Related Undertaking and change heading to other Roles. Text should be added to 4.17 “or any donations from the same source that together amount to more than £50.” Text should be added to 4.19 “Only details of the Council ward in which the property is located will be publicly available on the Register of Interests.” Category Nine should be added -
Page 5
“Category Nine: Close Family Members” 4.23 You will register the interests of any close family member who has transactions with the Council or is likely to have transactions or do business with it.”