Agenda reports pack
Argyll and Bute Council · 4 March 2025
Back to Community Council Conduct Review Panel — 4 March 2025 and its agenda
Text extracted from the council's PDF. Layout and reading order may differ from the original.
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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 25 February 2025 NOTICE OF MEETING A meeting of the COMMUNITY COUNCIL CONDUCT REVIEW PANEL will be held BY MICROSOFT TEAMS on TUESDAY, 4 MARCH 2025 at 2:00 PM, which you are requested to attend. Douglas Hendry Executive Director BUSINESS 1. APOLOGIES 2. DECLARATIONS OF INTEREST 3. COLINTRAIVE AND GLENDARUEL COMMUNITY COUNCIL - COMPLAINT REFERRALS (Pages 3 - 172) Report by Governance Manager, Legal and Regulatory Support Community Council Conduct Review Panel Mary Braithwaite Councillor Jan Brown Councillor Kieron Green (Chair) Councillor Andrew Kain Kenneth Smith Contact: Katie McKenzie, Committee Services Officer Tel: 01546 604465 Public Document Pack
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ARGYLL AND BUTE COUNCIL COMMUNITY COUNCIL CONDUCT REVIEW PANEL LEGAL AND REGULATORY SUPPORT 4 March 2025 Colintraive & Glendaruel Community Council – Complaint Referrals 1.0 INTRODUCTION 1.1 The Community Council Conduct Review Panel met on 16 January 2025 to consider 2 complaint referrals which had been made in relation to Colintraive & Glendaruel Community Council. The Panel agreed:- 1. to request the following additional information from Colintraive and Glendaruel Community Council:- • Information on the Community Council website including the detail of the agendas and how these were published specifically for the meeting which is referenced in the complaint (10th June 2024). • Detail from the Community Council on how they advertise the dates of their meetings and how the agendas are published. • Reference is made to a Facebook page where the information about the meetings has been posted, the Panel would like to know:- • Approximately how many members are in the Facebook group • When was the agenda for the meeting of 10th June 2024 put on the Facebook group • Is it normal practice for the Community Council to post agendas on this Facebook group • Why did the Community Council not respond to the initial complaint. • Detail on the number and location of physical noticeboards in the Community Council area. • Was the information in terms of the meeting of 10th June put into any of these noticeboards. • Do the Community Council normally put information in the noticeboards. • What are the plans for notification of meetings in future. 2. that a Hearing be held following the provision of the additional information. Page 3 Agenda Item 3
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2.0 RECOMMENDATIONS 2.1 The Community Council Conduct Review Panel is asked to consider the content of the complaints which have been submitted and to follow the Hearing procedure as set out in Appendix 1. 3.0 DETAIL 3.1 The minute from the previous meeting is attached as Appendix 2 to this report. 3.2 The information which was requested from the Community Council is attached as Appendix 3 to this report. 3.3 To assist the Panel, we have re issued all of the paperwork which was put forward at the original meeting – this is attached as Appendix 4 to this report. For further information contact: Shona Barton, Independent Adviser to the Conduct Review Panel, shona.barton@argyll-bute.gov.uk (01436) 657605 Page 4
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APPENDICES Appendix Detail Pages Appendix 1 Hearing Procedure 7 – 8 Appendix 2 Minute of Conduct Review Panel held on 16 January 2025 9 – 10 Appendix 3 Additional Information from the Community Council 11 – 12 Appendix 4 Report and Appendices previously considered by the Conduct Review Panel at the meeting held on 16 January 2025. 13 - 172 Page 5
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ARGYLL AND BUTE COUNCIL PROCEDURE NOTE FOR USE AT COMMUNITY COUNCIL CONDUCT REVIEW PANEL HEARING 1. The Executive Director with responsibility for Legal and Regulatory Support will notify the complainant and the subject of the complaint(s) of the Conduct Review Panel’s decision to hold a Hearing. The hearing will proceed on that day, unless the Council otherwise decides, whether or not some or all of the parties are represented or not. 2. The Executive Director with responsibility for Legal and Regulatory Support will give a minimum of 7 days notice of the date, time and venue for the proposed Hearing to all parties. 3 The hearing will proceed in the following order and as follows. 4 The Chair will introduce the Members of the Panel, ascertain the parties present and outline the procedure which will be followed. 5. The complainant(s) will be invited to give a summary of the terms of their complaint(s). 6. The subject of the complaint(s) (the Community Councillor or the Community Council representative(s)) will be given an opportunity to provide their response to the complaint(s). 7. All parties to the proceedings will be given a reasonable period of time to state their case. In exceptional circumstances and on good case shown, the Chair may extend the time for a presentation by any of the parties at their sole discretion. In circumstances where there is more than one complainant or Community Council representative, the Chair will request that one spokesperson is appointed to present the views, to concentrate the matters of main concern and to avoid repetition. 8. If at any stage it appears to the Chair that any of the parties is speaking for an excessive length of time they will be entitled to invite them to conclude their presentation forthwith. 9. Members of the Panel only will have the opportunity to put questions to the complainant and the subject of the complaint(s) (or their representative(s)). 10. At the conclusion of the question session the complainant and the subject of the complaint(s) (or their representative(s)) will each be given an opportunity to comment on any particular information given by any other party after they had made their original submission and sum up their case. Page 7
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11. The Chair will ascertain from the parties present that they have had a reasonable opportunity to state their case – a “fair hearing”. 12. The Panel will then debate the merits of the complaint and will reach a decision on it. No new information can be introduced after the Panel begins to debate. 13. The Chair or the Independent Adviser on his/her behalf will announce the decision. 14. A summary of the proceedings will be noted by the Committee Services Officer. Page 8
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MINUTES of MEETING of COMMUNITY COUNCIL CONDUCT REVIEW PANEL held BY MICROSOFT TEAMS on THURSDAY, 16 JANUARY 2025 Present: Councillor Kieron Green (Chair) Mary Braithwaite, Secretary of Luing Community Council Councillor Jan Brown Councillor Andrew Kain Kenneth Smith, Secretary of Rosneath and Clynder Community Council Attending: Shona Barton, Governance Manager (Independent Adviser) Katie McKenzie, Committee Services Officer (Minutes) 1. APPOINTMENT OF CHAIR The Governance Manager welcomed everyone to the meeting and invited the Panel to nominate a Chair for the proceedings. It was unanimously agreed to appoint Councillor Kieron Green as Chair of this Conduct Review Panel. 2. APOLOGIES FOR ABSENCE There were no apologies for absence. 3. DECLARATIONS OF INTEREST Councillor Jan Brown advised that she knew Community Councillor Michael Russell but did not consider that she had a relevant connection which would affect her decision making and as such would remain in the meeting. Community Councillor Kenneth Smith advised that he knew Community Councillor Michael Russell but did not consider that he had a relevant connection which would affect his decision making and as such would remain in the meeting. Community Councillor Mary Braithwaite advised that she knew Community Councillor Michael Russell but did not consider that she had a relevant connection which would affect her decision making and as such would remain in the meeting. 4. COLINTRAIVE AND GLENDARUEL COMMUNITY COUNCIL - COMPLAINT REFERRAL Having assumed the role of Chair, Councillor Kieron Green advised that his first task was to establish whether members of the Panel had sufficient information before them to discuss and determine the subject of the complaints. There was a short adjournment as Community Councillor Ken Smith left the meeting. The meeting reconvened when Mr Smith re-joined with all those present as per the sederunt. The panel agreed they did not have sufficient information to determine the subject of the complaints. Page 9
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Decision The Community Council Review Panel agreed – 1. to request the following additional information from Colintraive and Glendaruel Community Council:- Information on the Community Council website including the detail of the agendas and how these were published specifically for the meeting which is referenced in the complaint (10th June 2024). Detail from the Community Council on how they advertise the dates of their meetings and how the agendas are published. Reference is made to a Facebook page where the information about the meetings has been posted, the Panel would like to know:- o Approximately how many members are in the Facebook group o When was the agenda for the meeting of 10th June 2024 put on the Facebook group o Is it normal practice for the Community Council to post agendas on this Facebook group Why did the Community Council not respond to the initial complaint Detail on the number and location of physical noticeboards in the Community Council area. Was the information in terms of the meeting of 10th June put into any of these noticeboards. Do the Community Council normally put information in the noticeboards. What are the plans for notification of meetings in future. 2. that a Hearing be held following the provision of the additional information. (Reference: Report by Committee Manager dated January 2025, submitted) Page 10
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Community Council Conduct Panel Submission from Colintraive & Glendaruel Community Council ● Information on the Community Council website including the detail of the agendas and how these were published specifically for the meeting which is referenced in the complaint (10th June 2024). ○ The AGM had been included in the meeting schedule at the end of our minutes since the beginning of 2024, all of which we posted in a timely manner and several of which were posted on noticeboards. In other words, the AGM itself was well-trailed for the six months before the June date. ○ The agenda for our AGMs is a pro forma document and was available on the website at the time, as is our usual practice, however neither agenda or notice of the meeting was posted in a timely manner on the noticeboards – this was due to an oversight on our part as well as a lack of capacity. ● Detail from the Community Council on how they advertise the dates of their meetings and how the agendas are published. ● Definitive dates and times are published in our minutes found at http://colglencommunitycouncil.org.uk/minutes/ and on noticeboards ● Since early 2024 meetings have been held the second Monday of each month, and this is referenced here: http://colglencommunitycouncil.org.uk/meeting-dates/ ● All meetings are notified via the website as a matter of course, and these items include the agenda, either as a document or within the text of the post. As per our last meeting on the 10th Feb. we often highlight an issue that will be discussed - in this case Resilience. A typical batch of posts showing the last two announcements are available here: http://colglencommunitycouncil.org.uk/category/news/ ● All posts advertising meetings are cross-posted on two facebook groups (referenced below) which are maintained by community councillors ● Meeting notices, agendas and minutes have been posted when possible on physical noticeboards (Glendaruel Village Hall, Colintraive Hotel and Colintraive Village Hall) ● Reference is made to a Facebook page where the information about the meetings has been posted, the Panel would like to know:- ● Approximately how many members are in the Facebook group 1. We have two facebook groups which we have administration rights (as referenced above) a. https://www.facebook.com/groups/ColGlenCommunityCouncil →110 participants across ColGlen b. https://www.facebook.com/groups/197783820355218 → 794 participants across Southwest Cowal and beyond. This is titled “ColGlen Calendar” c. Both groups are private, and for (A) we restrict to residents and for (B) we include anyone who is interested in the community (eg. holiday makers and residents of wider Cowal) ● When was the agenda for the meeting of 10th June 2024 put on the Facebook Group 1. 7th June 2024 ● Is it normal practice for the Community Council to post agendas on this Facebook group 1. Yes it is. For example the agenda for the reorganised AGM was posted on the 20th Aug for the meeting on 9th September, linking back to the website with agenda and draft minutes from the previous AGM. ● Why did the Community Council not respond to the initial complaint ○ The complaint letter was received at the meeting on June 10th, and the Secretary received a follow-up email from the complainant on the same day. On the 20th June, the complainant emailed Page 11
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again to say he had “had no acknowledgement of my complaint”. The CC secretary emailed back on the 21st June to say “I acknowledge receipt of your complaint, received prior to the standard C&GCC meeting. I retained the copy of the letter following the meeting but thank you for the electronic version… “ ○ Moreover at the meeting on 10th June the issues raised by the complainant were fully aired. The CC noted that i. the complainant attended the meeting on the 10th June, and ii. that he raised his complaint with regard to notice of the AGM at the beginning of that meeting, iii. and that after discussion it was agreed among the councillors in open discussion that we would postpone the AGM until the September date, iv. and that the complainant, when asked directly whether this satisfactorily answered his complaint and was a satisfactory response, affirmed that it was v. And finally that the subsequent AGM was well advertised on both website, facebook and noticeboards answering the complaint in action. We considered it was unnecessary to offer written confirmation of the fact of the change or of the complaint which was in our view adequately dealt with at the point of complaint, while also having later formally acknowledged receipt of the complaint, as noted above. ● Additionally, it should noted here that ○ the CGCC Secretary stood down on the 7th September citing the tone, frequency and content of correspondence received over the past twelve months as being intolerable. ○ This resignation happened after the complainant had behaved aggressively towards CC members at a meeting on 21st August which was convened to discuss local views on recently published plans for the 2025 Argyll Rally. ● Detail on the number and location of physical noticeboards in the Community Council area. ○ There are three noticeboards i. Glendaruel Village Hall ii. Colintraive Village Hall iii. Colintraive Hotel ○ Please note: no councillor lives within 4 miles of any of the noticeboards, and as a community we find the majority do depend on online notifications, with anyone without online access informed by those that have. However, we have taken steps to ensure that all relevant paperwork is published to the noticeboards as noted below. ● Was the information in terms of the meeting of 10th June put into any of these noticeboards. ○ Yes, but not within time. ● Do the Community Council normally put information in the noticeboards. ○ Yes, however throughout 2024 we have struggled with capacity, particularly because we were coping with an extremely busy agenda which our minutes will attest, in particular i. ensuring that the community (and those without CCs around us) had a forum in which to feedback on the proposals for the Argyll Rally, 2025 edition. All meetings for which we very well attended ii. Initiating a Local Place Plan with the help of ABCAN – over have been 200 people consulted and a report for which will be published in March iii. Corresponding with our A&BC Councillor who wasn’t able to attend CC meetings during the period due to other commitments iv. Offering liaison between community and Calmac as the latter struggled with providing services to our community ● What are the plans for notification of meetings in future. ○ In the next week the CC will be recruiting a secretary on a freelance, paid basis, whose duties will include posting notices, agendas and minutes on the three community noticeboards, our website and on facebook in a timely manner. This should answer all matters of notification going forward. ○ We are also pleased to report we have just co-opted a new community councillor, bringing our roster to five – again this should help us in terms of capacity to fulfill our agenda. Page 12
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ARGYLL AND BUTE COUNCIL COMMUNITY COUNCIL CONDUCT REVIEW PANEL LEGAL AND REGULATORY SUPPORT 16 January 2025 Colintraive & Glendaruel Community Council – Complaint Referrals 1.0 EXECUTIVE SUMMARY 1.1 The Council has received 2 complaints in relation to the conduct of Colintraive & Glendaruel Community Council. As the complaints refer to the conduct of the whole Community Council they have been referred to a Conduct Review Panel. 1.2 This report provides information on the detail contained within the complaints, the response to the complaints from the Community Council and detail on the procedure to be followed by the Panel in terms of dealing with the referral. Page 13
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ARGYLL AND BUTE COUNCIL COMMUNITY COUNCIL CONDUCT REVIEW PANEL LEGAL AND REGULATORY SUPPORT 16 January 2025 Colintraive & Glendaruel Community Council – Complaint Referrals 2.0 INTRODUCTION 2.1 2 formal referrals under paragraph 13.2.1 of the Scheme for the Establishment of Community Council in Argyll and Bute 2022 have been submitted to the Community Council Liaison Officer. These complaints have been referred to a Conduct Review Panel as they refer to the conduct of half or more of the members of Colintraive & Glendaruel Community Council. 3.0 RECOMMENDATIONS 3.1 The Community Council Conduct Review Panel is asked to consider the content of the complaints which have been submitted. 4.0 PROCEDURE 4.1 Members of the Panel are required to confirm that they have sufficient information before them to reach a view on the grounds of the referrals and to discuss and determine the matter in accordance with the Note of Procedure, which is attached at appendix 1. 5.0 DETAIL 5.1 On the 19 November 2024 the Community Council Liaison Officer received two complaints from Mr David Eaglesham which relate to the conduct of Colintraive & Glendaruel Community Council Community Council. 5.2 The first complaint, dated 10 June 2024 and attached at appendix 2, alleges that the Community Council failed to “Inform the community of the work and decisions of the community council by posting agendas and minutes of meetings in public places, such as libraries and notice boards…” 5.3 This first complaint was originally submitted to and considered by the Community Council at its meeting held on 10 June 2024. In response to this complaint, the Community Council agreed that the AGM be cancelled and rescheduled to follow the next Community Council meeting, scheduled for Monday, 9 September. The minutes of this meeting can be found at appendix 3, the associated decision can be found next to AOCB. 5.4 Subsequent to this Mr Eaglesham advised the Community Council Liaison Officer, on 19 November 2024, that the first complaint outlined in paragraph 5.2 Page 14
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was not acknowledged nor referred to the Community Council Liaison Officer. This, second, complaint can be found at appendix 4. 5.5 The Scheme for Establishment of Community Councils directs that ‘All complaints shall be dealt with by the community council in the first instance, unless the complaint concerns the conduct of the community council as a whole, or the conduct of half or more of the community council members’ (13.2.1) or ‘the complaint concerns the response of the community council to a previous complaint’ (13.2.3). 6.0 Community Council response 6.1 The Community Council were sent the details of the 2 complaints by e-mail on 20 November 2024 and were asked to respond to the complaints by 18 December 2024. A copy of the response, received on the 11 December 2024, from the Community Council is attached at appendix 5. 7.0 OPTIONS 7.1 On considering the referral, the Review Panel, after dealing with any preliminary matters, should consider the information provided by the complainant and the responses provided by the Community Council. 7.2 The Review Panel must, thereafter, decide whether the Community Council, on the balance of probabilities, has failed to comply with and abide by the terms of: - the Scheme for Establishment of Community Councils (attached at Appendix 6), - the constitution and Standing Orders of Colintraive & Glendaruel Community (attached at Appendix 7 and Appendix 7.1) and/or - the Code of Conduct for Community Council Members (attached at Appendix 8). 7.3 To help the Review Panel in their consideration of the complaints the Argyll and Bute Council/Argyll and Bute Communty Council Best Practice Agreement 2022 and Good Practice Guidance for Local Authorities and Community Councils is attached at Appendix 9 and 10. 7.4 Should the Review Panel determine that the Community Council’s behaviour was in breach of any of the aforementioned documents, the Panel must either impose sanction(s) as set out in clauses 13.5.1 to 13.5.3 of the Scheme of Establishment for Community Councils, outlined below: Paragraph 13.5.1 censure the member(s) in question. 13.5.2 issue a formal written warning to the member(s) in question. 13.5.3 suspend the member(s) from the community council for up to 3 months. Page 15
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7.4 Should the Panel consider that the sanctions set out in clauses 13.5.1 to 13.5.3 of the Scheme to be inappropriate or insufficient the Panel must consider imposing the sanction(s) set out in clauses 13.12.3 to 13.12.7 of the Scheme for Community Councils, outlined below: 8.0 CONCLUSION 8.1 The Review Panel is asked to consider the substance of the referrals and take action as they deem appropriate. For further information contact: Stuart McLean, Committee Manager, stuart.mclean@argyll-bute.gov.uk (01436) 658717 Paragraph 13.12.3 suspend the member(s) in question from the relevant community council for up to one year. 13.12.4 remove the member(s) in question from the relevant community council, either with or without a period of disqualification under 13.12.5. 13.12.5 disqualify an individual from sitting on any community council within the Argyll and Bute Council area for such period as the Panel shall decide, up to a maximum of the remainder of the relevant community council’s term or 2 years, whichever is the greater. 13.12.6 13.12.7 request the subject of the complaint to participate in mediation with the complainer (without prejudice to the Panel’s ability to impose one of the other remedies set out in clause 13.12 if that mediation is unsuccessful) or in circumstances where it appears that the whole community council, or a significant proportion of its members, have engaged in gross misconduct, recommend that Argyll and Bute Council suspend or dissolve the community council under clause 14. Page 16
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APPENDICES Appendix Detail Pages Appendix 1 Complaints Review Panel Procedure Note 9 – 10 Appendix 2 Complaint one (June 2024) 11 - 12 Appendix 3 Community Council minute 10 June 2024 13 – 18 Appendix 4 Complaint two (November 2024) 19 – 20 Appendix 5 Community Council Response 21 – 22 Appendix 6 Community Council Scheme of Establishment 2022 23 - 56 Appendix 7 Colintraive & Glendaruel Signed Constitution 57 – 64 Appendix 7.1 Colintraive & Glendaruel Standing Orders 65 – 68 Appendix 8 Code of Conduct for Community Council Members 69 – 72 Appendix 9 Best Practice Agreement 2022 73 – 92 Appendix 10 Good Practice Guidance for Local Authorities and Community Councils 93 - 162 Page 17
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Appendix 1 CONDUCT REVIEW PANEL PROCEDURE NOTE 1. The Chair will welcome, introduce everyone, and outline this procedure. 2. The members of the Panel will be invited to confirm that they have sufficient information before them to reach a view on the grounds of the complaint. 3. If the Panel have sufficient information they will discuss and determine the complaint. This may be in the presence of the complainant and subject of the complaint should they choose to attend the meeting. 4. If the panel have insufficient information they will be asked, by the Independent Advisor to the Panel, what additional information they require and who will be invited to provide this additional information. Consideration may be given at this stage as to whether a formal hearing would be beneficial or whether the Panel consider further written information would be sufficient to allow them to reach a conclusion. 5. Upon receipt of the additional information, the Panel will be re-convened or a formal hearing called (see separate procedure for a hearing). 6. At the re-convened meeting, steps 1 to 5 will be followed until such time as the Panel have sufficient information to determine the grounds of the complaint. 7. If required, the Panel may receive advice at any stage of this procedure from the Independent Advisor. With exception of the members of the Panel and the Independent Advisor, no other attendees are permitted to participate in the process. 8. A Panel may, with the agreement of all relevant parties, refer a complaint for consideration by an independent person or body, which person or body shall have the same obligations and powers in respect of the complaint as the Panel. 9. In reaching a decision the Panel will take into account the matters set out at 13.12 &/or 13.13 of the Scheme for the Establishment of Community Councils 2018. 10. In If present at the meeting, both parties will be advised verbally of the decision and written confirmation will be provided from the Governance Service within 7 days. . Page 19
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Ardachuidh Colintraive Argyll PA22 3AR 10 June 2024 Martin Cook Secretary Colintraive & Glendaruel Community Council Dear Martin Colintraive & Glendaruel Community Council AGM 10 June 2024 Complaint The Scheme for the Establishment of Community Councils talks about requirements to reflect opinion and interest of the community by saying that community councils will “Inform the community of the work and decisions of the community council by posting agendas and minutes of meetings in public places, such as libraries and notice boards, …..” Clause 12(b) of the Community Council’s Constitution requires meetings to be advertised by "notice posted prominently within the Council area" and "where possible, by other suitable means" for a minimum period of seven days. It appears to me that Colintraive & Gllendaruel has consistently failed to meet these requirements but particularly in relation to tonight’s AGM. While I am aware of the CC’s meeting schedule, I do not recall this year seeing any notice of meeting posted on either public notice board in Colintraive. The Community Council published 2 newsletters this year. The most recent Summer Edition had a short column on the work of the Community Council. However, in the Community Diary, there is no mention of regular CC meetings but the AGM is listed as being 13 May at Glendaruel. In response to concerns raised about the Argyll Rally, the CC Chair advised me by e-mail on 3 June that the matter would be discussed “at the next CC meeting on Monday. By return, I offered to post an agenda at both Colintraive Hotel and Village Hall. The Chair three days ago published notice of the AGM in Facebook on the Col-Glen Social Calendar page with a link to the Community Council web-site, which gave only the briefest details of the meetings to be held. As my complaint relates to the conduct of the Community Council as a whole, I must ask that you refer it directly to Argyll & Bute’s Community Council Liaison Officer to arrange for a Conduct Review Panel to be convened. Yours faithfully David Eaglesham Page 21
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Colintraive & Glendaruel Community Council Minutes Venue: Glendaruel Village Hall Date & Time: 10 June 2024, 7:30pm Present: Charles Dixon Spain - Chairman (CDS), Cathleen Russell - Treasurer (CR), Michael Russell (MR), Paul Bulmer (PB), Martin Cook - Secretary (MC) Apologies: Argyll & Bute Councillor: Not in attendance Community members: 6 Agenda Discussion Actions Person Responsible Apologies Declarations of interest CDS declared a conflict of interest regarding the rally update. Minutes of previous meeting Proposed - MR Seconded - PB Matters Arising CDS - still a need to co-opt new councillors, preferably from Colintraive. A number of public meetings are coming up and this may be an opportunity to recruit new councillors. CDS CDS - grant application for the defibrillator at the Clachan is now with the Brownies/Guides No further update on the Millennium book update. However, an overview of the proposed update to the book was given to the members of the community present. MR to continue to update on progress. MR 1 Page 23
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Colintraive & Glendaruel Community Council Police update A report was received from PC James Convery, Police Scotland, as follows; Between the dates of 12/02/23 and 10/06/24 the number of Incidents and Crime Reports raised respectively are 24 and 0. Serious Organised Crime; No incidents. Acquisitive Crime; No incidents Road Safety & Road Crime; Calls regarding vehicles left in passing places, however, they were not causing an obstruction. Violent Crime; No incidents. Public Protection; Several calls in relation to planned pest control shoots and no crimes raised in relation to public protection matters. Conversation ensued regarding traffic surveys and speeding in Colintraive. A suggestion was made regarding the use of a flashing current speed sign. At one stage ABC had made an offer to install one, but the offer was then withdrawn CC to approach ABC to determine if the offer could be made available again. MR Councillor Update No update to report. Planning 24/00845/PP - Siting of self catering pod in place of existing domestic garage. Cul Mhor, Colintraive, PA22 3AR No comments required. Agenda Discussion Actions Person Responsible 2 Page 24
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Colintraive & Glendaruel Community Council CDS has received a response from Stephen Gove at A&BC Planning regarding the appearance of a number of caravans, hard standing and access roads in Glendaruel. He will carry out a site visit to determine if there appears to be a breach of Planning control. To keep a watching brief and await a response from A&BC. CDS Financial Report May 2024 Opening Balance: £15590.75 Transactions: None Closing Balance. £15590.75 PB to investigate costings for speed limit stickers eg 30mph, suitable for attaching to wheelie bins. Similar stickers are being used in Clachaig and appear to be effective. CR PB Agenda Discussion Actions Person Responsible 3 Page 25
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Colintraive & Glendaruel Community Council Correspondence Further correspondence from Jennifer Davie Smart regarding the CC’s refusal of her grant applications. Katharine Lowrie regarding a project the pupils of Kilmodan were involved in last year which resulted in the creation of a seabird interpretation sign. Correspondence received regarding human waste in Colintraive believed to be as a consequence of the charges imposed for the use of the public toilets. MR has received a response from Cllr Sinclair, who I has raised the issue with John Arnott who is Chair of the relevant committee. MR suggested amendments to CDS reply. Although other locations were discussed, the proposed location was agreed, however it may be council owned land. CDS to write to Katharine to express the CC’s support and also to the Councillor for him to ask the Council for permission. MR too contact John Arnott directly. CDS CDS MR Housing Nothing to report. CR Funding Apps No applications received. Development Trust Update No update available. CR CDS - But himself forward Community Council Liasion but not heard back. CDS Agenda Discussion Actions Person Responsible 4 Page 26
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Colintraive & Glendaruel Community Council Rally CDS introduced the agenda item, and gave a brief history of the previous events, but due to the previously conflict of interest declaration, it was chaired by MR. A copy of the Information Pack for residents was handed out as most had not seen it. 3 questions where received from David Eaglesham regarding the CC’s knowledge of the stages - particularly the 2 stages on B866 Coast Road, their attendance at liaison meetings and gathering residents views. MR explained the background to the legislation covering the rally and confirmed that CC was not a statutory consultee and all permissions where granted by Argyll & Bute Council and therefore the CC does not have a direct influence. MR explained that up until now, the CC had only heard positive things about the rally and had therefore not been in a position to express concerns with the rally organisers when liaising with them. CR community needs to gather information and evidence and write to the 3 relevant councillors expressing levels of concern of the local community - particularly the Coast Road, the West Road and Strathlachan. Concerns expressed regarding the length of time road closures in place. Concerns expressed regarding community benefits as the event is based in Dunoon. PB sought confirmation of numbers of letters of objections - confirmed as 3. CDS advised that the rally organisers and ABC normally make decisions regarding stages etc in September and October. MR to gather objections and evidence post event and write to all relevant parties to request a public meeting prior to any decisions being taken for the 2025 event. Individuals advised to contact their councillors directly as the decisions regarding the rally are ultimately Argyll & Bute Council decisions MR Agenda Discussion Actions Person Responsible 5 Page 27
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Colintraive & Glendaruel Community Council CalMac Update No update. AOCB Prior to the meeting a formal complaint was received alleging that the AGM had not been correctly advertised. As such, it was agreed that the AGM was cancelled and rescheduled to follow the next the CC meeting on Monday 9 September. All CDS informed that the next newsletter was due for mid October publication and would include information on the Local Place Plan. CDS The question of options for broadband in the community, following the switch off of copper connections was raised by a member of the community. CDS & MR gave a brief overview of the original community broadband scheme and the various Scottish Government schemes which were intended to improve broadband connectivity in the area. Local Place Plan - CDS had a meeting with local representatives and will arrange a group meeting with them. CDS Meetings for 2024 9 September (Inc AGM) - Glendaruel VH 14 October - Colintraive VH 11 November - Glendaruel VH 9 December - Colintraive VH All meetings to start at 7:30 MC Agenda Discussion Actions Person Responsible 6 Page 28
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I wish to confirm my formal complaint about Colintraive & Glendaruel Community Council. The CC's AGM & regular meeting on 10 June 2024 had not been advertised by notices displayed in the community as required by their constitution. I handed the attached letter to the Secretary of the Community Council at said meeting. The CC agreed to defer the AGM to a future date but continued with the regular meeting since several members of the public were present, principally in relation to the Argyll Rally. My letter of complaint has never been acknowledged let alone referred to the Community Council Liaison OƯicer. Subsequent meetings of the Community Council have again not been properly advertised, most recently tonight's meeting on 18 November (especially important as this has been rearranged from the normal date of the second Tuesday of the month). Furthermore, I understand that minutes of meetings should also be posted on community notice boards within 14 days of the meeting. Again, this has never been adhered to. I believe that the Secretary has resigned from the Community Council but my complaint relates to the CC as a whole as they show a systemic disregard of their obligation to involve or represent the community. Regards David Eaglesham Ardachuidh Colintraive PA22 3AR Page 29
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Appendix 5 - Community Council Response We did in fact have a meeting at the beginning of the week at which the following was approved as our response to the submitted complaints: 1) We minuted our decision not to proceed with our AGM in June in the light of Mr. Eaglesham’s objection. 2) We have lost our secretary and are having difficulty finding another one but the dates are on the website, on social media and within our minutes. We update these regularly. We also communicate with the community in our twice-yearly printed newsletter. 3) Despite his complaint Mr Eaglesham knew about the time and place for the November meeting because he gave his apologies for it through other local residents who were there. 4) In any case, to obviate these issues we will put up a list of all dates for 2025 and their locations, including the AGM, on local noticeboards early next year. If there are changes those will be advertised in our minutes, on our website and via social media. We are far from the organisation Mr Eaglesham characterises as "... show[ing] a systemic disregard of their obligation to involve or represent the community ..." particularly with regard to our representations around the Argyll Rally and our ongoing consultation to form a Local Place Plan under the auspices of ABCAN. We trust these points answer the complaints, but if there is anything further required please let me know. Kind regards, Page 31
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Argyll and Bute Scheme of Community Councils 2022 V1 1 SCHEME FOR THE ESTABLISHMENT OF COMMUNITY COUNCILS IN ARGYLL AND BUTE 2022 The effective date of adoption of the Scheme: 20th October 2022 Customer Services Governance and Law Community Councils Argyll and Bute Council Kilmory Lochgilphead Argyll PA31 8RT Tel: 01546 605522 Email: communitycouncils@argyll-bute.gov.uk Website: https://www.argyll-bute.gov.uk/council-and-government/community- councils Page 33
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Argyll and Bute Scheme of Community Councils 2022 V1 2 INDEX Scheme for the establishment of Community Pages 3 - 15 Councils in Argyll and Bute Appendix 1 - Model Constitution Pages 16 – 22 Appendix 2 – Model Standing Orders Pages 23 – 26 Appendix 3 – Community Council Boundaries Pages 27 – 33 Page 34
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Argyll and Bute Scheme of Community Councils 2022 V1 3 SCHEME FOR THE ESTABLISHMENT OF COMMUNITY COUNCILS WITHIN ARGYLL AND BUTE 1 Introduction 1.1 Community councils were first established in Scotland in terms of the Local Government (Scotland) Act 1973. Thereafter, the Local Government etc. (Scotland) Act, 1994 made provision for the continuation of community councils. 1.2 This Scheme for the Establishment of Community Councils in Argyll and Bute (hereinafter referred to as “the Scheme”), which reflects with local modification the Model Scheme for community councils in Scotland produced in 2009, will come into effect on the date it is adopted by Argyll and Bute Council. 2. Statutory Purposes 2.1 The statutory purposes of community councils established under the Scheme are set out in Section 51 (2) of the Local Government (Scotland) Act 1973, as follows: - ‘’In addition to any other purpose which a community council may pursue, the general purpose of a community council shall be to ascertain, co-ordinate and express to the local authorities for its area, and to public authorities, the views of the community which it represents, in relation to matters for which those authorities are responsible, and to take such action in the interests of that community as appears to it to be expedient and practicable’’ 3. The Role and Responsibilities of Community Councils 3.1 The general purpose of community councils is to act as a voice for their local area. This will involve them articulating the views and concerns of local people in their area on a wide range of issues of public concern and making representations to their local authority, other public sector bodies and private agencies on matters within their sphere of interest. 3.2 It is essential that these views are demonstrated to be representative of the community. Accordingly, the community council will have in place, in consultation with the local authority, recognised consultative mechanisms to validate their views and devise strategies to secure greater involvement by all sections of the community. Primary accountability is to the electorate (or those under 16 who are resident within the catchment area of a primary and/or secondary school within the community council boundary) so community councils should always approach informal soundings and more formal consultations with that in mind. Page 35
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Argyll and Bute Scheme of Community Councils 2022 V1 4 3.3 Community councils are consulted on planning applications and licensing matters. Liaison on other matters may also be jointly agreed between community councils, the local authority and other public sector and private agencies. There should be positive mutual engagement in the establishment of working relationships with the local authority, Area Community Planning Groups and other agencies. 3.4 Community councils may carry out other activities that are in the general interests of the communities they represent, provided these activities fall within the objectives of their Constitution and the terms of the Scheme including their duties as a community participation body under the Community Empowerment Act 2015. 3.5 In carrying out their activities community councils must at all times adhere to the law, the terms of the Scheme and the community councillors’ code of conduct. It should be noted that while Data Protection legislation applies to community councils, Freedom of Information legislation does not currently apply. 3.6 Each community council is required to adopt a Constitution, based upon the Model Constitution at Appendix I, together with Standing Orders at Appendix 2, in order to encourage and maintain consistency for all community councils and to facilitate the proper conduct of their proceedings. Any proposed deviation from the Model Constitution or Model Standing Orders requires to be supported by two-thirds of the community council members attending and thereafter approved by Argyll and Bute Council before it shall have effect. 3.7 Community councils have a duty under statute to represent the views of their local community. It is vital therefore, that they reflect the broad spectrum of opinion and interests of all sections of the community. In order to fulfil their responsibilities as effective and representative organisations, community councils will: - a. Inform the community of the work and decisions of the community council by posting agendas and minutes of meetings in public places, such as libraries and notice boards, and/or online and, subject to the provisions contained within the Data Protection Act 1998, provide contact details of community council members. b. Provide agendas, reports and minutes to their members, relevant elected members for their ward area(s) and the public in accordance with the Model Standing Orders and more specifically provide minutes to the Community Council Liaison Officer within 14 days from the date of the meeting. c. Seek to broaden expertise by promoting the provision of relevant information at community council meetings from persons who may contribute accordingly. Page 36
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Argyll and Bute Scheme of Community Councils 2022 V1 5 d. Make particular efforts to encourage young people and other under- represented groups to attend and participate in community council meetings and to ensure equality of opportunity in the way the community council carries out its functions. e. Maintain proper financial records and present financial reports at community council meetings. f. Inform the Community Council Liaison Officer of any change in membership (e.g. resignations) and circumstances, as soon as is practicable. 4. Community Councils and Community Council Areas 4.1 There will be community councils in Argyll and Bute for the areas and by the names set out at Appendix 3 to this Scheme. Argyll and Bute Council has produced maps that define their boundaries. Community councils which existed prior to this Scheme will be disestablished on the day of the first elections to the community council established under this Scheme held after this scheme is adopted. 5. Membership of Community Councils 5.1 A person is entitled to stand for election to, to be elected as, or to be a member of a community council provided that person – has achieved 16 years of age on the day of election is resident within the community council area has their name included in the electoral register for local government elections for the community council area in which they reside. 5.2 A person who is a member of Argyll and Bute Council, or the Scottish or UK Parliaments will be ineligible from standing for election to, being elected as, or being or remaining a member of a community council. 5.3 A person whose estate has been sequestrated by a court in Scotland or who has been adjudged bankrupt elsewhere than in Scotland will be disqualified from standing for election to, being elected as, or being or remaining a member of a community council (Note: The disqualification ceases if and when the sequestration is recalled or the bankruptcy discharged or annulled) 5.4 A person is disqualified from standing for election to, being elected as, or being or remaining a member of a community council if within five years before the day of nomination or election, or since their election, they have been convicted in the United Kingdom of any offence and has had passed on them a sentence of imprisonment (whether suspended or not) for a period of not less than 3 months without the option of a fine. Page 37
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Argyll and Bute Scheme of Community Councils 2022 V1 6 5.5 A member of a community council will represent the whole of the community council area and the persons who live there whether they may or may not have voted for that member. 6. Community Council Elections Electors 6.1 A person is entitled to vote in an election of community councillors provided that person – has achieved 16 years of age on the day of election has their name included in the electoral register for local government elections for the community council area in which they are voting. Nominations and Elections 6.2 The first elections to be held under the Scheme shall be held on a date determined by Argyll and Bute Council. Subsequent elections will be held on a four-yearly-cycle, on dates to be determined by Argyll and Bute Council. The Returning Officer reserves the right to vary the community council term, should other electoral timetables conflict with the community council election for that term, to prevent disruption to the community council election process. Argyll and Bute Council will provide for the administration of community council elections which will be held, where there is a requirement for a poll, by postal ballot. Returning Officer 6.3 The Returning Officer will be the Returning Officer for Parliamentary and Local Government elections in Argyll and Bute, or a person appointed by that Returning Officer. Nominations 6.4 A candidate for election as a member of a community council will be validly nominated provided the nomination – is subscribed on the correct form by a proposer and seconder, both of whom must be included in the electoral register for local government elections for the community council area; the nomination carries the candidate’s consent; and the nomination and consent are received by the Returning Officer before the date and time specified in the timetable for the election. Self-nomination is not permitted. Page 38
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Argyll and Bute Scheme of Community Councils 2022 V1 7 Process 6.5 At an ordinary election of community councillors, on the expiry of the period for lodging nominations: (1) Should the number of candidates validly nominated equal or exceed half of but be less than or equal to the total number of seats on the community council as specified in Appendix 3 to the Scheme, the said candidates will be declared to be elected and no poll will be held. (2) Should the number of candidates validly nominated exceed the total number of seats on the community council, a poll will be held. At the poll, each elector will be entitled to vote for candidates up to the number of seats to be filled. (3) Should the number of candidates elected be less than half of the number of seats on the community council, no community council will be established at that time. In such circumstances a follow up election / by-election will be held within 6 months. 6.6 If after that follow up election or by-election there remain vacancies in more than half of the number of total number of seats on the community council, the following courses of action will be open to Argyll and Bute Council:- (1) The council may, without disestablishing it, leave the community council dormant and take no further action to hold an election until the council is satisfied that sufficient local interest is in place to support a sustainable community council, (2) the council may, following discussions within the community and with neighbouring community councils, disestablish the community council for which a follow up election has been held, adjust community council boundaries, and hold such fresh elections as may be necessary to ensure the area of the disestablished community council is adequately represented on the community council(s) covering the amalgamated area(s). Method of Election 6.7 In any poll for the election of community councillors those candidates who receive the highest number of votes cast will be elected up to the number of seats to be filled. Casual vacancies between elections 6.8 A vacancy on a community council will arise in the following circumstances: when all seats have not been filled through the election process; when a community council member formally resigns in accordance with the procedure outlined in the constitution; or Page 39
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Argyll and Bute Scheme of Community Councils 2022 V1 8 when a community council member ceases to be qualified to be a member in the circumstances set out in clauses 5.2, 5.3, 5.4, 6.9 and 13.12.5 of the Scheme. a. The community council may fill the vacancy through co-option with voting rights to a maximum of one third of the total membership of the community council. b. Co-opted members must meet the eligibility criteria set out at section 5 of this Scheme. c. They must be elected onto the community council by a 2/3rds majority of the community council members attending the meeting d. Such co-opted members will have full voting rights. e. Co-opted members are appointed to a vacancy on a temporary basis until electoral processes take place and as such may only serve until either an interim by-election takes place (regardless of whether or not that community council is participating in the interim by-election) or until a scheduled election takes place, whichever occurs soonest. Where an unscheduled by-election is organised by the Returning Officer, all vacancies (including those currently filled by co-option) must be included in the by-election. Any co-opted member who declines to stand for election whether the election is scheduled or unscheduled, will require to step down from the role as of the designated election date. f. In the event of non-election or stepping down co-opted members will not be eligible for co-option again until the next four-yearly cycle of elections has taken place. g. Notice of persons proposed for co-option is required to be intimated to all of that community council’s members at least 14 days prior to the meeting when the matter will be decided and in terms of keeping the community informed, the names of the persons proposed will be listed on the agenda for the meeting where the matter will be decided. Disqualification of Membership 6.9 a. A member of a community council who ceases to reside within the community council area will cease to be a member of the community council. b. A member of a community council who fails throughout a continuous period of 6 months to attend any community council meeting, with or without submitting apologies will cease to be a member of the community council unless the community council is satisfied as to the reason for the absence. c. At the discretion of individual community councils, a period of leave of absence for a community council member (not extending beyond 6 months) may be granted at any meeting of the community council and minuted accordingly. At the end of the 6 months it will be open to community councils to review the Page 40
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Argyll and Bute Scheme of Community Councils 2022 V1 9 situation every 3 months and grant further extensions. A leave of absence should only be extended beyond a 12 month period in exceptional circumstances and where the needs of the community can still be met from the remaining cohort of members. d. A member of a community council who is elected as a member of Argyll and Bute Council, or the Scottish or UK Parliaments shall cease to be a member of the community council as of the date of their election. e. A member of a community council who is disqualified from being a member of a community council under clause 13.12.5 will cease to be a member of the community council for the remaining electoral term. f. A member of a community council who becomes ineligible in terms of provisions contained at 5.3 and 5.4 of this Scheme will cease to be a member of the community council for the remaining electoral term. 6.10 Should a vacancy or vacancies arise in the membership of a community council between elections, the community council will advise Argyll and Bute Council who may hold an interim by-election and offer each community council opportunity to be included in the by-election. 6.11 Argyll and Bute Council will not normally hold more than one by-election to fill casual vacancies in any community council within a 24-month period. Should circumstances arise that lead to the number of community councillors to fall below half of the total number of seats on the community council Argyll and Bute Council will hold a by-election during which time the remaining members (provided a quorum remains) of the community council will continue and may meet as a community council until the process of seeking to fill seats set out in para 6.6 above will have been held and exhausted, and Argyll and Bute Council decides to take the action set out in that paragraph or such other action as it considers appropriate in the circumstances. 7 Use of Local Skills / Knowledge A community council may seek information or advice from any person who may have particular skills or knowledge relating to an issue which the community council is considering. A summary of the information or advice provided by such person will be recorded in the minutes of the meeting, and the final decision on any such issue will be taken only by the elected members of the community council. Page 41
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Argyll and Bute Scheme of Community Councils 2022 V1 10 8 Equalities 8.1 Recognition should be given to the contribution of everyone participating in the work of a community council. Community councils will comply with equal opportunities legislation and good practice, and ensure that equality of opportunity is given to people within the community to put forward their views and opinions, and to have their skills and experience taken into account. 9. Meetings 9.1 The first meeting of a community council following a community council, will be called by the Returning Officer and will take place within 21 days of the date of the election, or as soon as practicable thereafter. The purpose of the first meeting will be to constitute the community council and the business of that meeting will include adoption of a Constitution and Standing Orders, appointment of office-bearers and any outstanding business matters from any outgoing community council. The Returning Officer, or a suitable deputy appointed in her/his place will chair the meeting. 9.2 The frequency of meetings will be determined by each community council, subject to one annual general meeting being held by the end of June each year and a minimum of 6 ordinary meetings being held each year for community councils where the electorate is above 600, or a minimum of 4 where the electorate is 600 or less. 9.3 The quorum at a meeting of a community council will be one quarter of the current number of elected members, but will never be less than three. 9.4 An outline for the content of business that community councils should adhere to when holding ordinary, special and annual general meetings is contained within the Model Standing Orders. 9.5 Meetings of community councils may take place with attendance being (a) in person; (b) by remote means (including by audio only or a combination of video and audio); (c) by a combination of in person attendance and remote attendance. 10. Liaison with the Council / Other Agencies / Area Community Planning Groups 10.1 Liaison with Argyll and Bute Council will adhere to the code of communication guidelines set out in the Best Practice Agreement. Community councils may make representations to Argyll and Bute Council and other public and private agencies, on matters for which it is responsible and which it considers to be of local interest. Other organisations will have adopted their own customer charter and community councils should contact them directly in the event of a query. Page 42
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Argyll and Bute Scheme of Community Councils 2022 V1 11 10.2 Community councils are strongly encouraged to work with and positively participate in the work of Area Community Planning Groups, which are the key local community engagement development forums in local decision making areas. 10.3 Representations should be made in the case of statutory procedures, such as planning or licensing matters, in terms of that procedure to the appropriate council official. On issues where a council service is consulting with community councils, representations should be made to the appropriate service officer. 10.4 In addition to requirements to keep the community and ward members informed, community councils will also provide copies of their agendas 7 days prior to meetings and minutes within 14 days of the meeting having taken place to the council via the local authority’s Community Council Liaison Officer. 11 Resourcing a Community Council 11.1 The financial year of each community council will be specified in the constitution of each community council and shall be from 1 April to 31 March in each succeeding year to allow for the proper submission of accounts to the community council’s annual general meeting which should be held no later than 30 June each year. 11.2 The annual accounts of each community council will be examined by a person of good standing appointed by the community council, who must not be a member of that community council. A copy of the independently examined accounts will be submitted to the annual general meeting for approval and will be forwarded immediately after that meeting to the Community Council Liaison Officer. 11.3 Argyll and Bute Council may, at their discretion, require the community council to produce such records, vouchers and account books, as may be required. 11.4 A community council may secure financial or other resources for schemes, projects and other purposes consistent with its functions, and may apply for grants for suitable projects through the local authority or other grant schemes, but it will not accept any donation from any registered political party nor use any resources for purposes designed to affect support for or opposition against any such party. 11.5 Argyll and Bute Council, upon production of the approved audited accounts, may provide an administrative grant to community councils to assist with the operating costs of the community council. Grant payments may be used to cover the costs of: Auditors' fees Production and circulation of minutes, agenda and annual reports or other Community Council documentation Page 43
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Argyll and Bute Scheme of Community Councils 2022 V1 12 Stationery Photocopying Postage Travel costs Telephone costs Accommodation lets Affiliation fees Subscriptions (including those associated with facilitating remote or hybrid meetings) Website Costs Bank charges Advertising General publicity, promotional and ceremonial activities Consultation with the community Honorariums’ to the Community Council secretary or treasurer Information Technology (IT) costs including hardware and software 11.6 Argyll and Bute Council may facilitate advice and assistance to community councils and arrange for the establishment of a training programme for community councils on the duties and responsibilities of community council office-bearers, the role of community councils (including community engagement processes), the functions of the local authority and other relevant topics. 12. Liability of Community Council Members 12.1 Argyll and Bute Council will meet the costs of public liability insurance in respect of the reasonable and proper activities of community councils. 13. Complaints against Community Councils 13.1 Both elected and co-opted members of community councils must comply with and abide by the terms of this Scheme, the constitution of their community council (as may be amended from time to time) and the Code of Conduct for Community Council Members. 13.2 Community Councils are required to formally adopt a Complaints Procedure. A Model Complaints Procedure can be provided for consideration and may be incorporated in its entirety or amended as appropriate. The Procedure should be formally ratified at a meeting of the Community Council. Where no such Procedure has been agreed, and a complaint is received that requires to be determined, the Model Complaints Procedure will be utilised. Any person may complain to the community council about the conduct of the community council, or any member or group of members thereof. All complaints shall be dealt with by the community council in the first instance, unless: Page 44
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Argyll and Bute Scheme of Community Councils 2022 V1 13 13.2.1 the complaint concerns the conduct of the community council as a whole, or the conduct of half or more of the community council members; 13.2.2 three or more complaints have previously been received about a particular community council member, or from a particular individual, during a single community council term; or 13.2.3 the complaint concerns the response of the community council to a previous complaint. 13.3 Complaints falling within one of the categories in clauses 13.2.1 to 13.2.3 shall be referred to the Community Council Liaison Officer who will establish a Conduct Review Panel established under clause 13.7. 13.4 The community council need not consider the substance of a complaint, nor refer a complaint to the Conduct Review Panel, if the community council decides (by a simple majority of those attending and voting at a meeting) that the complaint is vexatious, or that the subject matter of the complaint is substantially identical to that of a previous complaint that has been or is being dealt with by either the community council or the Conduct Review Panel. 13.5 All other complaints shall be considered by the relevant community council who shall have in place a process for complaints handling which entails all complaints being formally tabled at the next available meeting of the community council for discussion and determination. A simple majority of members attending and voting shall decide on whether the subject of the complaint has, on the balance of probabilities, failed to comply with the obligations set out at clause 13.1. Any member who is the subject of a complaint, or who is the complainer, shall not be entitled to vote. If satisfied that those obligations have not been complied with, the community council must either: 13.5.1 censure the member(s) in question; 13.5.2 issue a formal written warning to the member(s) in question; 13.5.3 suspend the member(s) from the community council for up to 3 months; or 13.5.4 where it considers that the sanctions set out in 13.5.1 to 13.5.3 would be inappropriate or insufficient, refer the complaint to the Community Council Liaison Officer who will establish a Conduct Review Panel in terms of clause 13.7. 13.6 At the request of either the complainer or the subject of the complaint, arrangements shall be made for members of the community council to vote on the complaint by way of a secret ballot. 13.7 A Conduct Review Panel (a “panel”) shall be established to deal with any complaints referred under clauses 13.3 or 13.5.4. Page 45
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Argyll and Bute Scheme of Community Councils 2022 V1 14 13.8 A Panel shall consist of 3 elected members of Argyll and Bute Council’s Regulatory Cohort plus 2 members of community councils within the Argyll and Bute Council area to which the complaint does not relate. The Panel will have a quorum of 3. Only Panel members present for all meetings in relation to a complaint can vote on the decision on that complaint. 13.9 If a complaint is made in respect of a decision of a community council to impose one of the sanctions set out at clauses 13.5.1 to 13.5.4 in respect of a previous complaint, including by the subject of that previous complaint, implementation of that sanction shall be suspended pending the Panel’s determination of the new complaint. 13.10 A Panel shall meet to decide a complaint within 12 weeks of the complaint being referred to it. In the event it cannot be decided within 12 weeks, all relevant parties will be notified of the revised timescales. 13.11 A Panel may, with the agreement of all relevant parties, refer a complaint for consideration by an independent person or body, which person or body shall have the same obligations and powers in respect of the complaint as the Panel. 13.12 Otherwise, a Panel shall decide on a simple majority whether the subject of the complaint has, on the balance of probabilities, failed to comply with the obligations set out at clause 13.1. If satisfied that those obligations have not been complied with, the Panel must: 13.12.1 impose one of the sanctions set out at clauses 13.5.1 to 13.5.3; 13.12.2 where the complaint concerns a community council’s decision to impose one of those sanctions, confirm the community council’s decision; 13.12.3 suspend the member(s) in question from the relevant community council for up to one year; 13.12.4 remove the member(s) in question from the relevant community council, either with or without a period of disqualification under 13.12.5; 13.12.5 disqualify an individual from sitting on any community council within the Argyll and Bute Council area for such period as the Panel shall decide, up to a maximum of the remainder of the relevant community council’s term or 2 years, whichever is the greater; 13.12.6 request the subject of the complaint to participate in mediation with the complainer (without prejudice to the Panel’s ability to impose one of the other remedies set out in clause 13.12 if that mediation is unsuccessful); or 13.12.7 in circumstances where it appears that the whole community council, or a significant proportion of its members, have engaged in gross misconduct, recommend that Argyll and Bute Council suspend or dissolve the community council under clause 14. Page 46
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Argyll and Bute Scheme of Community Councils 2022 V1 15 13.13 Where a complaint referred to the Panel under clauses 13.2.3 and 13.3 concerns a community council’s decision under clause 13.4, the Panel shall decide by a simple majority whether to confirm the community council’s decision. If it does not confirm the community council’s decision, it shall either: direct the community council to consider the original complaint in accordance with clauses 13.2 to 13.6 (excluding 13.4); or consider the original complaint itself in accordance with clauses 13.10 to 13.12. 13.14 Argyll and Bute Council reserves the right to carry out any investigation that it considers necessary into the conduct of a community council or individual members of a community council. 13.15 Argyll and Bute Council will maintain a list of all individuals disqualified under clause 13.12.5, the start and end of the period of disqualification and the reason (from the Panel). This list will be available on request. 14. Dissolution of a Community Council 14.1 The provisions which apply relative to the dissolution of a community council are contained in the Model Constitution. 14.2 Should a community council fail to hold a meeting for a period of 3 consecutive prescribed meeting dates, or its membership falls below the prescribed minimum as set out in this Scheme for a period of 3 consecutive prescribed meeting dates Argyll and Bute Council may take action to dissolve the community council. Page 47
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Argyll and Bute Scheme of Community Councils 2022 V1 16 APPENDIX 1 MODEL CONSTITUTION FOR COMMUNITY COUNCILS IN ARGYLL AND BUTE 1. Name The name of the COMMUNITY COUNCIL shall be .....…………..…........ (referred to as “the COMMUNITY COUNCIL” in this document). 2. Area of the Community Council The area of the COMMUNITY COUNCIL shall be as shown on the map attached to the local authority’s Scheme for the Establishment of Community Councils (hereinafter referred to as “the Scheme”). 3. Objectives The objectives of the COMMUNITY COUNCIL shall be: a) to ascertain, co-ordinate and reflect the views of the community which it represents, to liaise with other community groups within the area, and to fairly express the diversity of opinions and outlooks of the people; b) to express the views of the community to the local authority for the area to public authorities and other organisations; c) to take such action in the interests of the community as appears to it to be desirable and practicable; d) to promote the well-being of the community and to foster community spirit; e) to be a means whereby the people of the area shall be able to voice their opinions on any matter affecting their lives, their welfare, their environment, its development and amenity. 4. Role and Responsibilities 4.1 In the discharge of their functions and the conduct of their business, the COMMUNITY COUNCIL and its members shall have regard to their role and responsibilities as set out in paragraph 3 of the Scheme approved by Argyll and Bute Council, and the Best Practice Agreement. 4.2 Members of the community council shall comply with and abide by their obligations under the Scheme, this Constitution and the Code of Conduct for Community Council Members, and their compliance shall be enforced via the procedure set out at Section 13 of the Scheme. Page 48
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Argyll and Bute Scheme of Community Councils 2022 V1 17 5. Membership The number of members of the community council and the arrangements for the operation of the community council will be as governed by the Scheme and as determined from time to time by Argyll and Bute Council. In event of the non-election, removal, retiral or resignation of the Secretary and/or Treasurer, all documentation, financial records etc held on behalf of the community council shall be passed to the nominated person appointed by the community council, or designated by the Convener, within 7 days of the effective date of non-election, removal, retiral or resignation. 6. Resignations a) Resignations of members must be submitted in writing, by hard copy or electronic means, to either the Convener or Secretary of the community council. The resignation cannot be retrospective. b) If the Convener resigns then they should notify the Vice-Convener and Secretary in the same manner. c) Any notification of resignations received should be acknowledged by the recipient within 7 days or intimated at the next scheduled community council meeting, whichever is the soonest. d) A written resignation may be withdrawn at any time prior to the matter being formally intimated and accepted at a community council meeting. e) Where a resignation is intimated during the course of a community council meeting it should be accepted and recorded in the draft minutes. Should the member wish to subsequently reconsider the resignation they must contact the Convener or Secretary (or Vice-Convener or Secretary in the case of the resignation of the Convener) in writing, at least 48 hours prior to the next scheduled meeting taking place f) A resignation cannot be withdrawn after the minutes of the meeting where the resignation was accepted have been formally approved. 7. Method of Election The arrangements for electing persons to be community councillors will be as laid down in the Scheme and as determined by the Returning Officer. 8. Casual Vacancies on the Community Council Where a vacancy arises which does not result in the number of community councillors falling below 50% of the membership figures specified in Appendix 3 of the Scheme, the community council may agree to fill the vacancy through co-option with full voting rights to a maximum of one third of Page 49
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Argyll and Bute Scheme of Community Councils 2022 V1 18 the total membership of the community council (as specified in Appendix 3 of the Scheme). Co-opted members may serve only until either an interim by-election or full election, whichever occurs first, at which point they will require to stand for election or step down from the role. The terms of co-option are as set out in the Scheme at Section 6.8 9. Voting Rights of Members of the Community Council A community councillor (whether elected or co-opted) has a right to vote at any meeting of the community council or any committee thereof. In these circumstances all decisions of the community council will be decided by a simple majority of those community councillors attending and voting, with the exception of circumstances which may arise under: Constitution: paragraph 16 – Alterations to the Constitution; or Constitution: paragraph 17 – Dissolution In the event of an equality of votes the person presiding at the meeting shall have a second or casting vote (Except that relating to appointment of an officer-bearer which, in event of an equality of votes, will be determined by lot). 10. Election of Office-Bearers (a) At the first meeting of the community council after elections in the year when elections are held and at the annual general meeting in the year when elections are not held, the community council will appoint a person to be known as Convener who will act as the chair of the community council, a Secretary, a Treasurer, and other such office-bearers as it shall from time to time decide. (b) Office-bearers will be elected for the period up to the next AGM but will be eligible for re-election. However, no office-bearer shall serve in that particular office for more than two consecutive terms of the life of the community council (i.e. eight years), but will be eligible to serve in that office after a break of four years. If there is good cause to depart from this requirement and two thirds of the members are supportive, the council may, upon written application, agree to waive this requirement. (c) Without the express approval of Argyll and Bute Council, no one member shall hold more than one of the following offices at any one time: Convener, Secretary or Treasurer. (d) Office-bearers may be removed and a replacement approved at any meeting of the community council by a 2/3rds majority vote of the members attending and voting Page 50
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Argyll and Bute Scheme of Community Councils 2022 V1 19 11. Committees of the Community Council The community council may appoint a number of their members to committees of the community council for the purpose of advising the community council on any matter and shall determine the composition, terms of reference and duration of the committee. 12. Meetings of the Community Council (a) The quorum at a meeting of a community council will be one quarter of the current number of members, but will never be less than three. (b) Each year the community council will hold an annual general meeting by the end of June, for the purpose of receiving and considering the Convener’s annual report, the submission and approval of the independently examined annual statement of accounts, the appointment of office-bearers and to set the annual meeting programme. (c) One annual general meeting and a minimum of 6 ordinary meetings of the community council will be held each year where the electorate is above 600 or a minimum of 4 ordinary meetings of the community council where the electorate is 600 or less. (d) Dates, times and venues of ordinary meetings of the community council will be fixed at the first meeting of the community council following ordinary elections and thereafter at its annual general meeting. Special meetings will require at least 7 days public notice, either called by the Convener, or on the request of not less than one- half of the total number of community council members. The Executive Director of Customer Services of Argyll and Bute Council or his nominee may, in exceptional circumstances, call a meeting of the community council. (e) Copies of all minutes of meetings of the community council and of committees thereof will be approved as a correct record or corrected as need be at the next prescribed meeting of the community council, but the draft minute shall be circulated within 14 days from the date of that meeting, to community council members, elected members, other appropriate parties and Argyll and Bute Council’s Community Council Liaison Officer. (f) The community council will abide by its Standing Orders for the proper conduct of its meetings. (g) The community council has a duty to be responsive to the community it represents. Should the community council receive a written request (petition), signed by at least 20 persons resident within the community council area to convene a special meeting for a particular matter or matters to be considered, the Secretary will call such a meeting within 14 days of receipt of such a request and advertise it in the manner prescribed locally for special meetings of the community council. Page 51
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Argyll and Bute Scheme of Community Councils 2022 V1 20 (h) The community council may discuss items of business in private where it considers it appropriate to do so. The decision to discuss an item of business in private will be agreed in advance and decided by a majority of those community councillors attending and voting. Notice of a meeting will be given to the public in the usual way. However, the notice will record that the meeting, or a part thereof, may be held in private. 13. Public Participation in the Work of the Community Council (a) All meetings of the community council and its committees (subject to 12(h), above) shall be open to members of the public. Reasonable provision is to be made for the accommodation of members of the public and the opportunity should be afforded at each meeting to permit members of the public to address the community council, under the guidance of the Convener. (b) Notices calling meetings of the community council and its committees shall be posted prominently within the community council area for a minimum period of seven days before the date of any such meeting, and, where possible, be advertised by other suitable means. 14. Information to the Local Authority An annual calendar of the community council’s prescribed meeting dates, times and venues, agreed at the community council’s annual general meeting, will be sent to the local authority’s Community Council Liaison Officer, along with minutes of all meetings, the annual report, the annual financial statement, and any other such appropriate information, or as may from time to time be required by Argyll and Bute Council. When special meetings of the community council are to be held, the local authority’s Community Council Liaison Officer and Elected Members should be advised of the date, time venue and item(s) of business of such meetings, at least 7 days in advance of the meeting date. 15. Control of Finance Community councils must follow the principles of financial control set out in the Best Practice Agreement; in particular: (a) All monies provided by the local authority and other sources to, or raised by or on behalf of the community council, shall be applied to further the objectives of the community council and for no other purpose. The monies provided by the local authority in the annual Administrative Grant for administrative and other approved purposes will be used only as prescribed. Monies raised from other sources may be used in accordance with the terms of this provision (so long as they are consistent with the objectives of the community council), or in the absence of such terms, for the furtherance of the objectives of the community council. Page 52
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Argyll and Bute Scheme of Community Councils 2022 V1 21 (b) The treasurer will keep proper accounts of the finances of the community council. (c) Any two authorised signatories, who will normally be Office-bearers of the community council, may sign cheques on behalf of the community council. Authorised signatories may not be co-habitees. (d) A statement of accounts for the last financial year, independently examined by a person of good standing appointed by the community council, who must not be a member of the community council, will be submitted to the annual general meeting of the community council and will be made available for inspection by members of the public at a convenient location. (e) The financial year of the community council shall be from 1 April to 31 March. Examined accounts as received and approved by the community council at the annual general meeting will be submitted to the Community Council Liaison Officer together with the draft AGM minutes. (f) In the event of a community council resolving to dissolve itself or being disestablished then, on a certificate signed by the Executive Director of Customer Services or his nominee, the whole assets and funds of the community council shall revert to Argyll and Bute Council to be held in trust and to be directed by them in support of any future community council identified to represent that community. In setting up bank accounts, it will be incumbent on the community council to put in place banking arrangements that will permit the foregoing to be given effect to. 16. Title to Property Subject to 15(f) above property and other assets belonging to the community council will be vested in the Convener, Secretary and Treasurer of the community council and their successors in these respective offices. 17. Alterations to the Constitution Any proposal by the community council to alter this Constitution must be first considered at a meeting of the community council and the terms of the proposal to alter the Constitution shall be stated on the notice calling the meeting, which shall be issued not less than seven days prior to the meeting. Any proposed alteration may not prejudice the terms and objectives contained within the Scheme for the Establishment of Community Councils. If the proposal is supported by two-thirds of the community council members attending and thereafter approved in writing by Argyll and Bute Council, the alteration shall be deemed to have been duly authorised and can then come into effect. Page 53
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Argyll and Bute Scheme of Community Councils 2022 V1 22 18. Dissolution If the community council decides at any time that it is necessary or advisable to dissolve, it shall first agree a date to hold a public meeting of the community council to be held for the specific purpose of discussing the proposed resolution to dissolve. It is a requirement that not less than seven days prior to the date of such meeting public notice of the meeting and the proposal to dissolve is given in a local newspaper. If the resolution is supported by two-thirds of the current membership and thereafter approved by Argyll and Bute Council, the community council shall be deemed to be dissolved and all assets remaining, after the satisfaction of any proper debts or liabilities shall transfer to the Argyll and Bute Council as specified in paragraph 15 (f) above. In the event that the community council is dissolved under the above procedure, and twenty or more electors subsequently wish the re- establishment of a community council for the area, these electors shall submit a requisition to Argyll and Bute Council in accordance with Section 52(7) of the Local Government (Scotland) Act 1973, on receipt of which the Returning Officer shall arrange for elections to be held in accordance with the Scheme for the Establishment of Community Councils. Where for any reason, the number of community council members falls below the minimum specified in the Scheme for the Establishment of Community Councils Argyll and Bute Council may, by suspending the Constitution of the community council, resolve to dissolve the community council. 19. Approval and adoption of the Constitution This Constitution was adopted by .........……………......................... COMMUNITY COUNCIL, on ................................................................ Signed: Convener ......................................................... ......................................................... Member ......................................................... Member ......................................................... Date and was approved on behalf of Argyll and Bute Council on ......................................................... Date ......................................................... Signed (Executive Director with responsibility for community council governance, or nominee) Page 54
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Argyll and Bute Scheme of Community Councils 2022 V1 23 APPENDIX 2 MODEL STANDING ORDERS 1. Meetings (all held in public) (a) Ordinary meetings of the COMMUNITY COUNCIL shall be held in the months of ..................................................... [to be entered]. Special Meetings may be called at any time on the instructions of the Convener of the COMMUNITY COUNCIL on the request of not less than one-half of the total number of COMMUNITY COUNCIL members; or the receipt of a common written request (petition), signed by at least 20 persons, resident within the COMMUNITY COUNCIL area, to convene a special meeting for a particular matter or matters to be debated, it shall call such a meeting. A special meeting shall be held within 14 days of the receipt of the request made to the Secretary of the COMMUNITY COUNCIL. Annual general meetings are held annually by the end of June. (b) The notice of ordinary and annual general meetings of the COMMUNITY COUNCIL, featuring the date, time and venue, shall be provided to each COMMUNITY COUNCIL member and Argyll and Bute Council’s Community Council Liaison Officer by the Secretary of the COMMUNITY COUNCIL, and will be displayed prominently within the COMMUNITY COUNCIL area, and/or made available online at least 7 days before the date fixed for the meeting. 2. Minutes Minutes of the proceedings of a meeting of the COMMUNITY COUNCIL shall be drawn up within fourteen days from the date of that meeting, displayed in public places, such as libraries and notice boards, and/or made available online, provided to Argyll and Bute Council and shall, following their approval, be signed at the next meeting of the COMMUNITY COUNCIL by the person presiding thereat and retained for future reference. 3. Quorum A quorum shall be one quarter of the current number of elected members, but will never be less than three. 4. Order of Business (i) Ordinary Meeting The order of business at every ordinary meeting of the COMMUNITY COUNCIL shall be as follows: - a. Recording of members attending and apologies received. b. Establish whether there are any declarations of interest. Page 55
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Argyll and Bute Scheme of Community Councils 2022 V1 24 c. The minutes of the last meeting of the COMMUNITY COUNCIL shall be submitted for approval. d. Any other item of business, which the Convener has directed, should be considered. e. Any other competent business. f. Public questions. g. Convener to declare date of next meeting and close meeting. (ii) Annual General Meeting It will not be uncommon that the COMMUNITY COUNCIL has arranged for an ordinary meeting of the COMMUNITY COUNCIL to begin at the close of the annual general meeting, to enable any outstanding reporting on business matters to be heard; and for COMMUNITY COUNCIL members and members of the public to have an opportunity to bring matters to the attention of the COMMUNITY COUNCIL, possibly for inclusion on a future agenda. The order of business at every annual general meeting of the COMMUNITY COUNCIL shall be as follows: - a. Recording of members attending and apologies received. b. Establish whether there are any declarations of interest. c. The minutes of the last annual general meeting of the COMMUNITY COUNCIL shall be submitted for adoption. d. Convener’s Annual Report (and questions from the floor). e. Secretary’s Annual Report (and questions from the floor). f. Treasurer’s submission of Balance Sheet and Annual Accounts duly independently examined and certified correct (and questions from the floor). g. Election of office-bearers. h. Agree annual programme of meetings i. Convener to declare date of next annual general meeting and close meeting. (iii) Special Meeting The order of business at a special meeting of the COMMUNITY COUNCIL shall be as follows: - a. Recording of members attending and apologies received. b. Establish whether there are any declarations of interest. Page 56
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Argyll and Bute Scheme of Community Councils 2022 V1 25 c. Business for debate, as described in the calling notice for the special meeting. d. Public Questions e. Convener to close meeting. 5. Order of Debate (a) The Convener shall decide all questions of order, relevancy and competency arising at meetings of the COMMUNITY COUNCIL and her/his ruling shall be final and shall not be open to discussion. In particular, the Convener shall determine the order, relevancy and competency of all questions from the public in attendance at meetings of the COMMUNITY COUNCIL raised at 4, above. The Convener in determining the order, relevance and competency of business and questions shall have particular regard to the relevance of the issue to the COMMUNITY COUNCIL and ensure that the discussion and proceedings are conducted in such a manner that decisions are reached in a democratic manner. The Convener shall have the power, in the event of disorder arising at any meeting, to adjourn the COMMUNITY COUNCIL meeting to a time he/she may then, or afterwards, fix. (b) Every motion or amendment shall be moved and seconded. (c) After a mover of a motion has been called on by the Convener to reply, no other members shall speak to the question. (d) A motion or amendment once made and seconded shall not be withdrawn without the consent of the mover and seconder thereof. (e) A motion or amendment which seeks to revoke or alter a previous decision of the COMMUNITY COUNCIL, or has that effect, shall not be competent within six months of that decision. 6. Voting (a) Voting shall be taken by a show of hands. Where meetings take place by remote or by hybrid means, unless a visible majority can be identified from a visible show of hands of members attending (in which case the Convener will declare the majority decision), the Convener should ensure all members attending via an audio only connection have all been in a position to cast their vote. (b) In the event of an equality of votes the person presiding at the meeting will have a second or casting vote, except in the case of an appointment of a person to any office within the COMMUNITY COUNCIL when the decision will be determined by lot. Page 57
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Argyll and Bute Scheme of Community Councils 2022 V1 26 7. Alteration of Standing Orders A proposal to alter these Standing Orders may be proposed to Argyll and Bute Council by the COMMUNITY COUNCIL, provided that notice of motion to that effect is given at the meeting of the COMMUNITY COUNCIL previous to that at which the motion is discussed. Argyll and Bute Council shall make the final decision on any proposed change. 8. Committees The COMMUNITY COUNCIL may appoint such committees as it may from time to time decide for the purpose of advising the COMMUNITY COUNCIL on any matter and shall determine their composition, terms of reference, duration, duties and powers. 9. Suspension of Standing Orders These Standing Orders shall not be suspended except at a meeting at which three-quarters of the total number of COMMUNITY COUNCIL members are attending and then only if the mover states the object of his motion and if two-thirds of the COMMUNITY COUNCIL members attending consent to such suspension. __________________________________________________ Page 58
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Argyll and Bute Scheme of Community Councils 2022 V1 27 APPENDIX 3 ARGYLL AND BUTE COUNCIL SCHEME FOR THE ESTABLISHMENT OF COMMUNITY COUNCILS BOUNDARIES FOR COMMUNITY COUNCIL AREAS MEMBERSHIP OF COMMUNITY COUNCILS Membership will be based on the electorate of the Community Council area according to the following: Electorate Number of Core Members Up to 600 8 601 - 1000 10 1001 – 5000 16 Over 5000 20 Page 59
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Argyll and Bute Scheme of Community Councils 2022 V1 28 Community Councils Polling Districts Polling District Name Electorate 02/08/2022 Membership Council Ward 1 Southend AA03 Southend 393 8 1 2 The Laggan AA02 Drumlemble 302 8 1 3 Campbeltown AA01 AA04 AA06 Campbeltown South Campbeltown Central Campbeltown North 1335 1648 1134 4117 16 1 1 1 4 West Kintyre AA07 AA12 AA13 Bellochantuy/ Kilkenzie Chleit Clachan 147 316 266 729 10 1 2 2 5 East Kintyre AA05 AA08 Peninver Carradale 175 410 585 8 1 2 6 Tarbert & Skipness AA09 AA10 Skipness Tarbert 88 1075 1163 16 2 2 7 Gigha AA11 Gigha 142 8 2 8 Islay AA15 AA16 AA17 AA18 AA19 Port Charlotte Portnahaven Kilmeny Port Ellen Bowmore 471 185 380 944 706 2686 16 2 2 2 2 2 9 Jura AA20 Jura 190 8 2 10 Colonsay AA21 Colonsay 114 8 2 11 South Knapdale AA14 AA24 Dunmore Achahoish 111 77 188 8 2 3 12 North Knapdale AA25 AA26 Crinan Tayvallich 204 240 444 8 3 3 13 Ardrishaig AA23 Ardrishaig 1104 16 3 Page 60
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Argyll and Bute Scheme of Community Councils 2022 V1 29 Community Councils Polling Districts Polling District Name Electorate 02/08/2022 Membership Council Ward 14 Lochgilphead AA27 Lochgilphead 2270 16 3 15 West Lochfyne AA34 Minard 318 8 3 16 Furnace AA29 Furnace 223 8 3 17 Inveraray AA28 Inveraray 584 8 3 18 Dunadd AA30 AA31 AA33 Kilmartin Ford Kilmichael Glassary 280 165 347 792 10 3 3 3 19 Craignish AA32 Craignish 406 8 3 Page 61
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Argyll and Bute Scheme of Community Councils 2022 V1 30 Community Councils Polling Districts Polling District Name Electorate 02/08/2022 Membership Council Ward 20 Mull AA42 AA43 AA44 AA45 AA46 AA47 AA48 AA49 AA50 Tobermory Dervaig Ulva Ferry Salen Lochdonhead Lochbuie Pennyghael/ Tiroran Bunessan Fionnphort 920 314 97 412 274 26 73 235 169 2520 16 4 4 4 4 4 4 4 4 4 21 Iona AA51 Iona 144 8 4 22 Coll AA52 Coll 162 8 4 23 Tiree AA53 Tiree 529 8 4 24 Oban AA36 AA37 AA38 AA39 AA64 Oban Central Oban West Oban Glencruitten Oban Soroba Oban North 406 1872 1389 1057 1878 6602 20 4 4 4 4 5 25 Glenorchy & Innishail AA55 AA56 AA57 AA61 Lochawe Dalmally Bridge of Orchy Portsonachan 114 389 34 72 609 10 5 5 5 5 26 Taynuilt AA58 Taynuilt 948 10 5 27 Avich & Kilchrenan AA59 AA60 Kilchrenan Dalavich 144 138 282 8 5 5 28 Luing AA62 Luing 154 8 5 29 Kilninver & Kilmelford AA63 AA68 Kilmelford Kilninver 252 108 360 8 5 5 Page 62
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Argyll and Bute Scheme of Community Councils 2022 V1 31 Community Councils Polling Districts Polling District Name Electorate 02/08/2022 Membership Council Ward 30 Seil & Easdale AA65 Easdale 570 8 5 31 Kilmore & Kilbride AA66 Kilmore 319 8 5 32 Dunbeg AA67 Dunbeg 708 10 5 33 Lismore AA69 Lismore 153 8 5 34 Appin AA70 Appin 451 8 5 35 Connel AA71 Connel 540 8 5 36 Ardchattan AA72 AA73 AA74 Barcaldine Lochnell Ardchattan 238 1030 83 1451 16 5 5 5 Page 63
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Argyll and Bute Scheme of Community Councils 2022 V1 32 Community Councils Polling Districts Polling District Name Electorate 02/08/2022 Membership Council Ward 37 Colintraive & Glendaruel AA75 AA76 AA84 (Prt) Glendaruel Colintraive Rashfield 157 127 17 301 8 6 6 38 Cairndow AA77 Cairndow 130 8 6 39 Lochgoil AA78 Lochgoilhead 374 8 6 40 Strachur and District AA79 AA80 Strachur Strathlachlan 497 167 664 10 6 6 41 Kilfinan AA81 AA82 Kilfinan Tighnabruaich 74 591 665 10 6 6 42 Hunter’s Quay AA83A Hunter’s Quay 799 10 6 43 Kilmun AA84 (Prt) AA86 Rashfield Strone 226 578 804 10 6 6 44 Ardentinny AA85 Ardentinny 160 8 6 45 Sandbank AA87 Sandbank 1072 16 6 46 Dunoon AA83 AA89 AA90 AA91 AA93 Kirn Hafton Dunoon Ardenslate Dunoon South 1007 1660 213 1741 636 5257 20 6 7 7 7 47 South Cowal AA92 Innellan 1361 16 7 48 Bute AA94 AA95 AA96 AA97 AA98 AA99 Rothesay North Port Bannatyne Rothesay Central Bute West Bute East Kingarth 1043 535 396 1316 1351 207 4848 16 8 8 8 8 8 8 Page 64
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Argyll and Bute Scheme of Community Councils 2022 V1 33 Community Councils Polling Districts Polling District Name Electorate 02/08/2022 Membership Counci l Ward 49 Rhu & Shandon AD01 AD07 Rhu South North Rhu & Shandon 944 734 1678 16 9 9 50 Garelochhead AD02 Garelochhead 1318 16 9 51 Cove & Kilcreggan AD03 AD08 Cove Kilcreggan 395 871 1266 16 9 9 52 Arrochar, Tarbet & Ardlui AD10 AD04 AD06 Glencroe Arrochar Tarbet & Ardlui 178 321 187 686 10 9 9 9 53 Rosneath & Clynder AD09 Rosneath 1159 16 9 54 Luss and Arden AD05 AD24 Luss Arden 173 125 298 8 9 11 55 Helensburgh AD12 AD13 AD14 AD15 AD16 AD17 AD18 AD20 AD21 AD22 Kirkmichael Helensburgh Lower East Helensburgh Upper West Helensburgh West Helensburgh Central Helensburgh East Helensburgh Lower West Colgrain Helensburgh North East Helensburgh Upper East 658 1665 542 1259 1192 1011 1439 1844 1030 769 11409 20 10 10 10 10 10 10 10 11 11 11 56 Cardross AD23 Cardross 2065 16 11 Page 65
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CONSTITUTION FOR THE COLINTRAIVE & GLENDARUEL COMMUNITY COUNCIL IN ARGYLL AND BUTE 1. Name The name of the COMMUNITY COUNCIL shall be Colintraive & Glendaruel (referred to as “the COMMUNITY COUNCIL” in this document). 2. Area of the Community Council The area of the COMMUNITY COUNCIL shall be as shown on the map attached to the local authority’s Scheme for the Establishment of Community Councils (hereinafter referred to as “the Scheme”). 3. Objectives The objectives of the COMMUNITY COUNCIL shall be: a) to ascertain, co-ordinate and reflect the views of the community which it represents, to liaise with other community groups within the area, and to fairly express the diversity of opinions and outlooks of the people; b) to express the views of the community to the local authority for the area to public authorities and other organisations; c) to take such action in the interests of the community as appears to it to be desirable and practicable; d) to promote the well-being of the community and to foster community spirit; e) to be a means whereby the people of the area shall be able to voice their opinions on any matter affecting their lives, their welfare, their environment, its development and amenity. 4. Role and Responsibilities 4.1 In the discharge of their functions and the conduct of their business, the COMMUNITY COUNCIL and its members shall have regard to their role and responsibilities as set out in paragraph 3 of the Scheme approved by Argyll and Bute Council, and the Best Practice Agreement. 4.2 Members of the community council shall comply with and abide by their obligations under the Scheme, this Constitution and the Code of Conduct for Community Council Members, and their compliance shall be enforced via the procedure set out at Section 13 of the Scheme. 5. Membership The number of members of the community council and the arrangements for the operation of the community council will be as governed by the Scheme and as determined from time to time by Argyll and Bute Council. Page 67
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In event of the non-election, removal, retiral or resignation of the Secretary and/or Treasurer, all documentation, financial records etc held on behalf of the community council shall be passed to the nominated person appointed by the community council, or designated by the Convener, within 7 days of the effective date of non-election, removal, retiral or resignation. 6. Resignations a) Resignations of members must be submitted in writing, by hard copy or electronic means, to either the Convener or Secretary of the community council. The resignation cannot be retrospective. b) If the Convener resigns then they should notify the Vice-Convener and Secretary in the same manner. c) Any notification of resignations received should be acknowledged by the recipient within 7 days or intimated at the next scheduled community council meeting, whichever is the soonest. d) A written resignation may be withdrawn at any time prior to the matter being formally intimated and accepted at a community council meeting. e) Where a resignation is intimated during the course of a community council meeting it should be accepted and recorded in the draft minutes. Should the member wish to subsequently reconsider the resignation they must contact the Convener or Secretary (or Vice-Convener or Secretary in the case of the resignation of the Convener) in writing, at least 48 hours prior to the next scheduled meeting taking place f) A resignation cannot be withdrawn after the minutes of the meeting where the resignation was accepted have been formally approved. 7. Method of Election The arrangements for electing persons to be community councillors will be as laid down in the Scheme and as determined by the Returning Officer. 8. Casual Vacancies on the Community Council Where a vacancy arises which does not result in the number of community councillors falling below 50% of the membership figures specified in Appendix 3 of the Scheme, the community council may agree to fill the vacancy through co- option with full voting rights to a maximum of one third of the total membership of the community council (as specified in Appendix 3 of the Scheme). Co-opted members may serve only until either an interim by-election or full election, whichever occurs first, at which point they will require to stand for election or step down from the role. The terms of co-option are as set out in the Scheme at Section 6.8 Page 68
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9. Voting Rights of Members of the Community Council A community councillor (whether elected or co-opted) has a right to vote at any meeting of the community council or any committee thereof. In these circumstances all decisions of the community council will be decided by a simple majority of those community councillors attending and voting, with the exception of circumstances which may arise under: Constitution: paragraph 16 – Alterations to the Constitution; or Constitution: paragraph 17 – Dissolution In the event of an equality of votes the person presiding at the meeting shall have a second or casting vote (Except that relating to appointment of an officer- bearer which, in event of an equality of votes, will be determined by lot). 10. Election of Office-Bearers (a) At the first meeting of the community council after elections in the year when elections are held and at the annual general meeting in the year when elections are not held, the community council will appoint a person to be known as Convener who will act as the chair of the community council, a Secretary, a Treasurer, and other such office-bearers as it shall from time to time decide. (b) Office-bearers will be elected for the period up to the next AGM but will be eligible for re-election. However, no office-bearer shall serve in that particular office for more than two consecutive terms of the life of the community council (i.e. eight years), but will be eligible to serve in that office after a break of four years. If there is good cause to depart from this requirement and two thirds of the members are supportive, the council may, upon written application, agree to waive this requirement. (c) Without the express approval of Argyll and Bute Council, no one member shall hold more than one of the following offices at any one time: Convener, Secretary or Treasurer. (d) Office-bearers may be removed and a replacement approved at any meeting of the community council by a 2/3rds majority vote of the members attending and voting 11. Committees of the Community Council The community council may appoint a number of their members to committees of the community council for the purpose of advising the community council on any matter and shall determine the composition, terms of reference and duration of the committee. 12. Meetings of the Community Council (a) The quorum at a meeting of a community council will be one quarter Page 69
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of the current number of members, but will never be less than three. (b) Each year the community council will hold an annual general meeting by the end of June, for the purpose of receiving and considering the Convener’s annual report, the submission and approval of the independently examined annual statement of accounts, the appointment of office-bearers and to set the annual meeting programme. (c) One annual general meeting and a minimum of 6 ordinary meetings of the community council will be held each year where the electorate is above 600 or a minimum of 4 ordinary meetings of the community council where the electorate is 600 or less. (d) Dates, times and venues of ordinary meetings of the community council will be fixed at the first meeting of the community council following ordinary elections and thereafter at its annual general meeting. Special meetings will require at least 7 days public notice, either called by the Convener, or on the request of not less than one-half of the total number of community council members. The Executive Director of Customer Services of Argyll and Bute Council or his nominee may, in exceptional circumstances, call a meeting of the community council. (e) Copies of all minutes of meetings of the community council and of committees thereof will be approved as a correct record or corrected as need be at the next prescribed meeting of the community council, but the draft minute shall be circulated within 14 days from the date of that meeting, to community council members, elected members, other appropriate parties and Argyll and Bute Council’s Community Council Liaison Officer. (f) The community council will abide by its Standing Orders for the proper conduct of its meetings. (g) The community council has a duty to be responsive to the community it represents. Should the community council receive a written request (petition), signed by at least 20 persons resident within the community council area to convene a special meeting for a particular matter or matters to be considered, the Secretary will call such a meeting within 14 days of receipt of such a request and advertise it in the manner prescribed locally for special meetings of the community council. (h) The community council may discuss items of business in private where it considers it appropriate to do so. The decision to discuss an item of business in private will be agreed in advance and decided by a majority of those community councillors attending and voting. Notice of a meeting will be given to the public in the usual way. However, the notice will record that the meeting, or a part thereof, may be held in private. Page 70
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13. Public Participation in the Work of the Community Council (a) All meetings of the community council and its committees (subject to 12(h), above) shall be open to members of the public. Reasonable provision is to be made for the accommodation of members of the public and the opportunity should be afforded at each meeting to permit members of the public to address the community council, under the guidance of the Convener. (b) Notices calling meetings of the community council and its committees shall be posted prominently within the community council area for a minimum period of seven days before the date of any such meeting, and, where possible, be advertised by other suitable means. 14. Information to the Local Authority An annual calendar of the community council’s prescribed meeting dates, times and venues, agreed at the community council’s annual general meeting, will be sent to the local authority’s Community Council Liaison Officer, along with minutes of all meetings, the annual report, the annual financial statement, and any other such appropriate information, or as may from time to time be required by Argyll and Bute Council. When special meetings of the community council are to be held, the local authority’s Community Council Liaison Officer and Elected Members should be advised of the date, time venue and item(s) of business of such meetings, at least 7 days in advance of the meeting date. 15. Control of Finance Community councils must follow the principles of financial control set out in the Best Practice Agreement; in particular: (a) All monies provided by the local authority and other sources to, or raised by or on behalf of the community council, shall be applied to further the objectives of the community council and for no other purpose. The monies provided by the local authority in the annual Administrative Grant for administrative and other approved purposes will be used only as prescribed. Monies raised from other sources may be used in accordance with the terms of this provision (so long as they are consistent with the objectives of the community council), or in the absence of such terms, for the furtherance of the objectives of the community council. (b) The treasurer will keep proper accounts of the finances of the community council. (c) Any two authorised signatories, who will normally be Office-bearers of the community council, may sign cheques on behalf of the community council. Authorised signatories may not be co- habitees. Page 71
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(d) A statement of accounts for the last financial year, independently examined by a person of good standing appointed by the community council, who must not be a member of the community council, will be submitted to the annual general meeting of the community council and will be made available for inspection by members of the public at a convenient location. (e) The financial year of the community council shall be from 1 April to 31 March. Examined accounts as received and approved by the community council at the annual general meeting will be submitted to the Community Council Liaison Officer together with the draft AGM minutes. (f) In the event of a community council resolving to dissolve itself or being disestablished then, on a certificate signed by the Executive Director of Customer Services or his nominee, the whole assets and funds of the community council shall revert to Argyll and Bute Council to be held in trust and to be directed by them in support of any future community council identified to represent that community. In setting up bank accounts, it will be incumbent on the community council to put in place banking arrangements that will permit the foregoing to be given effect to. 16. Title to Property Subject to 15(f) above property and other assets belonging to the community council will be vested in the Convener, Secretary and Treasurer of the community council and their successors in these respective offices. 17. Alterations to the Constitution Any proposal by the community council to alter this Constitution must be first considered at a meeting of the community council and the terms of the proposal to alter the Constitution shall be stated on the notice calling the meeting, which shall be issued not less than seven days prior to the meeting. Any proposed alteration may not prejudice the terms and objectives contained within the Scheme for the Establishment of Community Councils. If the proposal is supported by two-thirds of the community council members attending and thereafter approved in writing by Argyll and Bute Council, the alteration shall be deemed to have been duly authorised and can then come into effect. 18. Dissolution If the community council decides at any time that it is necessary or advisable to dissolve, it shall first agree a date to hold a public meeting of the community council to be held for the specific purpose of discussing the proposed resolution to dissolve. It is a requirement that not less than seven days prior to the date of such meeting public notice of the meeting and the proposal to dissolve is given in a local newspaper. If the resolution is supported by two- Page 72
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STANDING ORDERS FOR MEETINGS COLINTRAIVE & GLENDARUEL COMMUNITY COUNCIL 1. Meetings (all held in public) (a) Ordinary meetings of the COMMUNITY COUNCIL shall be held on the first Monday of each month, except in the months of April, July, August and December. Special Meetings may be called at any time on the instructions of the Convener of the COMMUNITY COUNCIL on the request of not less than one- half of the total number of COMMUNITY COUNCIL members; or the receipt of a common written request (petition), signed by at least 20 persons, resident within the COMMUNITY COUNCIL area, to convene a special meeting for a particular matter or matters to be debated, it shall call such a meeting. A special meeting shall be held within 14 days of the receipt of the request made to the Secretary of the COMMUNITY COUNCIL. Annual general meetings are held annually by the end of June. (b) The notice of ordinary and annual general meetings of the COMMUNITY COUNCIL, featuring the date, time and venue, shall be provided to each COMMUNITY COUNCIL member and Argyll and Bute Council’s Community Council Liaison Officer by the Secretary of the COMMUNITY COUNCIL, and will be displayed prominently within the COMMUNITY COUNCIL area, and/or made available online at least 7 days before the date fixed for the meeting. 2. Minutes Minutes of the proceedings of a meeting of the COMMUNITY COUNCIL shall be drawn up within fourteen days from the date of that meeting, displayed in public places, such as libraries and notice boards, and/or made available online, provided to Argyll and Bute Council and shall, following their approval, be signed at the next meeting of the COMMUNITY COUNCIL by the person presiding thereat and retained for future reference. 3. Quorum A quorum shall be one quarter of the current number of elected members, but will never be less than three. 4. Order of Business (i) Ordinary Meeting The order of business at every ordinary meeting of the COMMUNITY COUNCIL shall be as follows: - a. Recording of members attending and apologies received. b. Establish whether there are any declarations of interest. c. The minutes of the last meeting of the COMMUNITY COUNCIL shall be submitted for approval. Page 75
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d. Any other item of business, which the Convener has directed, should be considered. e. Any other competent business. f. Public questions. g. Convener to declare date of next meeting and close meeting. (ii) Annual General Meeting It will not be uncommon that the COMMUNITY COUNCIL has arranged for an ordinary meeting of the COMMUNITY COUNCIL to begin at the close of the annual general meeting, to enable any outstanding reporting on business matters to be heard; and for COMMUNITY COUNCIL members and members of the public to have an opportunity to bring matters to the attention of the COMMUNITY COUNCIL, possibly for inclusion on a future agenda. The order of business at every annual general meeting of the COMMUNITY COUNCIL shall be as follows: - a. Recording of members attending and apologies received. b. Establish whether there are any declarations of interest. c. The minutes of the last annual general meeting of the COMMUNITY COUNCIL shall be submitted for adoption. d. Convener’s Annual Report (and questions from the floor). e. Secretary’s Annual Report (and questions from the floor). f. Treasurer’s submission of Balance Sheet and Annual Accounts duly independently examined and certified correct (and questions from the floor). g. Election of office-bearers. h. Agree annual programme of meetings i. Convener to declare date of next annual general meeting and close meeting. (iii) Special Meeting The order of business at a special meeting of the COMMUNITY COUNCIL shall be as follows: - a. Recording of members attending and apologies received. b. Establish whether there are any declarations of interest. Page 76
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c. Business for debate, as described in the calling notice for the special meeting. d. Public Questions e. Convener to close meeting. 5. Order of Debate (a) The Convener shall decide all questions of order, relevancy and competency arising at meetings of the COMMUNITY COUNCIL and her/his ruling shall be final and shall not be open to discussion. In particular, the Convener shall determine the order, relevancy and competency of all questions from the public in attendance at meetings of the COMMUNITY COUNCIL raised at 4, above. The Convener in determining the order, relevance and competency of business and questions shall have particular regard to the relevance of the issue to the COMMUNITY COUNCIL and ensure that the discussion and proceedings are conducted in such a manner that decisions are reached in a democratic manner. The Convener shall have the power, in the event of disorder arising at any meeting, to adjourn the COMMUNITY COUNCIL meeting to a time he/she may then, or afterwards, fix. (b) Every motion or amendment shall be moved and seconded. (c) After a mover of a motion has been called on by the Convener to reply, no other members shall speak to the question. (d) A motion or amendment once made and seconded shall not be withdrawn without the consent of the mover and seconder thereof. (e) A motion or amendment which seeks to revoke or alter a previous decision of the COMMUNITY COUNCIL, or has that effect, shall not be competent within six months of that decision. 6. Voting (a) Voting shall be taken by a show of hands. Where meetings take place by remote or by hybrid means, unless a visible majority can be identified from a visible show of hands of members attending (in which case the Convener will declare the majority decision), the Convener should ensure all members attending via an audio only connection have all been in a position to cast their vote. (b) In the event of an equality of votes the person presiding at the meeting will have a second or casting vote, except in the case of an appointment of a person to any office within the COMMUNITY COUNCIL when the decision will be determined by lot. Page 77
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7. Alteration of Standing Orders A proposal to alter these Standing Orders may be proposed to Argyll and Bute Council by the COMMUNITY COUNCIL, provided that notice of motion to that effect is given at the meeting of the COMMUNITY COUNCIL previous to that at which the motion is discussed. Argyll and Bute Council shall make the final decision on any proposed change. 8. Committees The COMMUNITY COUNCIL may appoint such committees as it may from time to time decide for the purpose of advising the COMMUNITY COUNCIL on any matter and shall determine their composition, terms of reference, duration, duties and powers. 9. Suspension of Standing Orders These Standing Orders shall not be suspended except at a meeting at which three-quarters of the total number of COMMUNITY COUNCIL members are attending and then only if the mover states the object of his motion and if two- thirds of the COMMUNITY COUNCIL members attending consent to such suspension. __________________________________________________ Page 78
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CODE OF CONDUCT FOR COMMUNITY COUNCILLORS The Code of Conduct for community councillors is based largely on the Code of Conduct for local authority councillors and relevant public bodies as provided for in The Ethical Standards in Public Life etc (Scotland) Act 2000. Community councillors, as elected representatives of their communities, have a responsibility to make sure that they are familiar with, and that their actions comply with, the principles set out in this Code of Conduct. The Code of Conduct and its principles shall apply to all community councillors and those representing the community council. These principles are as follows: Service to the community (public service) Selflessness Integrity Objectivity Accountability and Stewardship Openness Honesty Leadership Respect Service to the Community As a community councillor you have a duty to act in the interests of the local community, which you have been elected or nominated to represent. You also have a duty to act in accordance with the remit of the Scheme for the Establishment of Community Councils, as set out by your local authority under the terms of the Local Government (Scotland) Act 1973. You have a duty to establish and reflect, through the community council, the views of the community as a whole, on any issue, irrespective of personal opinion. You should ensure that you are, within reason, accessible to your local community and local residents. Various mechanisms to allow the general community to express their views, i.e. suggestion boxes, community surveys, opinion polls should, where possible, should be made available. Selflessness You have a duty to take decisions solely in terms of the interest of the community that you represent. You must not use your position as a community councillor to gain financial, material, political or other personal benefit for yourself, family or friends. Integrity You must not place yourself under any financial or other obligation to any individual or organisation that might reasonably be thought to influence you in your representation of your community. If you have any private and/or personal interest in a matter to be considered by the community council, you have a duty to declare this and if deemed necessary by other members, withdraw from discussions and the decision making process with regard to that matter. You should not accept gifts or hospitality that may be seen to influence or be intended to influence your opinion or judgement. The offer and/or receipt of any gifts, regardless of form, should always be reported to and noted by the Secretary of the community council. Page 79
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Objectivity In all your decisions and opinions as a community councillor, you must endeavour to represent the overall views of your community, taking account of information which is provided to you or is publicly available, assessing its merit and gathering information as appropriate, whilst laying aside personal opinions or preferences. You may be appointed or nominated by your community council to serve as a member of another representative body. You should ensure that this Code of Conduct is observed when carrying out the duties of the other body. You are free to have political and/or religious affiliations; however you must ensure that you represent the interests of your community and community council and not the interests of a particular political party or other group. Accountability and Stewardship You are accountable for the decisions and actions that you take on behalf of your community through the community council. You must ensure that the community council uses its resources prudently and in accordance with the law. Community councillors will individually and collectively ensure that the business of the community council is conducted according to the Scheme for the Establishment of Community Councils and this Code of Conduct. Community councillors will individually and collectively ensure that annual accounts are produced showing the financial undertakings of the community council as set out in the Scheme for the Establishment of Community Councils. They must also ensure that all resources are used efficiently, effectively and fairly and are used strictly for the purposes of community council business and for no other purpose. Minutes of meetings recording all actions and decisions made should be produced and circulated to all members of the community council as soon as possible after each meeting. Any breach of the Scheme for the Establishment of Community Councils may be reported to the local authority to determine what action, if necessary, should be taken. Openness You have a duty to be open about your decisions, actions and representations, giving reasons for these where appropriate. You should be able to justify your decisions and be confident that you have not been unduly influenced by the views and/or opinions of others. If you have dealings with the media, members of the public, or others not directly involved in your community council, you should ensure that an explicit distinction is made between the expression of your personal views and opinions from any views or statement made about or on behalf of the community council. Honesty You have a duty to act honestly. You also have an obligation to work within the law at all times. You must declare any private interest relating to your community council duties and take steps to resolve any conflicts arising in a way that protects the interest of the community and the community council. Page 80
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Leadership You have a duty to promote and support the principles of this Code of Conduct by leadership and example, to maintain and strengthen the community’s trust and confidence in the integrity of the community council and its members in representing the views and needs of the local area. You must also promote social inclusion and challenge discrimination in any form. You should act to assist the community council, as far as possible, in the interest of the whole community that it serves. Where particular interest groups’ concerns are in conflict with those of other groups or other areas you should help to ensure that the community council is aware of them. Respect You must respect fellow members of your community council and those that you represent, treating them with courtesy, respect and in a non-discriminatory manner at all times. This should extend to any person, regardless of their position, you have dealings with in your capacity as a community councillor. Recognition should be given to the contribution of everyone participating in the work of the community council. You must comply with Equal Opportunities legislation and ensure that equality of opportunity be given to every participant to have their knowledge, opinion, skill and experience taken into account. You should ensure that confidential material, including details about individuals, is treated as such and that it is handled with dignity and discretion and is not used for personal, malicious or corrupt purposes. Page 81
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BEST PRACTICE AGREEMENT 2022 Argyll and Bute Council Argyll and Bute Community Councils Argyll and Bute Council Commitment Community Council Commitment Code of Guidance for Communications Financial Guidelines Code of Conduct for Community Councillors Page 83
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2 Best Practice Agreement The work of community councils across Argyll and Bute varies from community council to community council – as does their method of operation and the ways in which they engage with a range of public and other community bodies. It should not be forgotten however that that main purpose of a community council is to represent the views of the community which it represents. This Best Practice Agreement outlines the commitments required from both Argyll and Bute Council and community councils to build strong relationships and operate effectively together to advance the interest of Argyll and Bute communities. It also incorporates a Code of Communication, Financial Guidelines, and Code of Conduct for community councillors. Argyll and Bute Council will keep the responsibilities and procedures laid down in this Code of Practice under regular review, and where it appears necessary or desirable to make any amendments, will formally consult community councils on such proposals to review. Contents Argyll and Bute Council Commitment page 3 - 5 Community Council Commitment page 6 - 8 Code of Guidance for Communications with the Council page 9 - 12 Financial Guidelines page 13 - 16 Code of Conduct for Community Councillors page 17 - 19 Page 84
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3 Argyll and Bute Council Commitment Community Engagement 1. Argyll and Bute Council recognises that community councils have made, and will continue to make, a valuable contribution to the development of Argyll and Bute through their engagement in localised community planning, their representation of community views and their promoting and delivery of local activities. 2. Argyll and Bute Council, in recognising the statutory purpose of community councils, recognises that they have a clear link to their local Area Community Planning Groups. 3. Argyll and Bute Council will be guided in its community engagement activities by the National Standards of Community Engagement. Argyll and Bute Council will, using the National Standards of Community Engagement, consider the appropriateness of how best to consult with local communities, this could include: - direct consultation with particular user groups rather than geographical communities - direct consultation with individual community councils where there is a geographic link to a physical or policy development likely to have an effect on the people whom community councils represent - regular engagement through the Area Community Planning Groups 4. It is recognised that not all community councils require to be consulted in every matter. Consultations with community councils should be carefully considered against a test of relevance and appropriateness. 5. In consulting with community councils, Argyll and Bute Council recognises the need to allow community councils sufficient time to respond. Where possible, Argyll and Bute Council will aim to give community councils a period of at least one month in which to reply. In relation to planning applications, or other licensing matters, there may be a different timescale. 6. Some services, particularly Planning and Licensing, must follow statutory procedures. Advice and training on procedure to be adopted will be issued independently to this Best Practice Agreement, and will be kept updated if there are any national or local policy changes. 7. Argyll and Bute Council is committed to encouraging open, local, democratic debate and will support community councils to ensure that they are best place to facilitate this. This will include the: - Timely provision of relevant information in accordance with the timescales set out in our customer services charter. - Recognition of status as a community representative body for their area (noting that is enhanced where robust community engagement processes are evidenced) - support from the Community Development Team to improve their own community engagement processes - a programme of training and development as organised by the Community Council Liaison Officer to address identified training needs, support understanding of Standing Orders and Constitution, to understand the specific operation of council departments, and to generally promote good practice. Page 85
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4 8. Argyll and Bute Council will facilitate on request an annual engagement meeting between the council leadership and representatives of all community councils. At such meetings community councils may comment generally on matters of concern and may be used to sound out general proposals by Argyll and Bute Council where strategic developments are likely to affect local communities. Elections 9. Argyll and Bute Council will organise and conduct elections to community councils on a 4 year basis. The Returning Officer may vary the term should other electoral timetables conflict with the community council elections, to prevent disruption to the community council process. Argyll and Bute Council will seek to promote electoral participation in such elections by providing general publicity and will seek to maximise electoral participation by using postal voting. 10. Argyll and Bute Council will seek to work with individual community councils, community council caucuses and other representative bodies within the area to promote electoral participation and will facilitate the dissemination of good practice re participation to all community councils. 11. Argyll and Bute Council will, through the Returning Officer, run any necessary by- elections during the 4 year term of the community council, working with the local community council to promote electoral participation. Finance and Resources 12. Argyll and Bute Council will continue to provide funding for the administration of community councils through the payment of an annual grant. This will be paid following submission of community council’s audited accounts (following approval at the AGM) together with a request for the administration grant and minutes of the AGM. Where community council records are not up to date, the CCLO will make a request that missing documentation from the previous 12 month period be brought up to date prior to the grant payment being released. 13. Argyll and Bute Council will continue to meet the costs of Public Liability Insurance in respect of the reasonable and proper activities of the community council. 14. Argyll and Bute Council will continue to provide photocopying of agendas and minutes for community councils through its network of Customer Service Points or Kilmory headquarters. Other copying may be provided subject to authorisation being obtained from the Council’s Community Council Liaison Officer. 15. Argyll and Bute Council will provide general financial and administrative advice to community councils through the Legal and Regulatory Support Service. Meetings, Minutes and Reports 16. Argyll and Bute Council will make available through its Modern.Gov online system the agenda and reports for all council committee meetings 5 days in advance of the meeting date, except where these reports contain exempt information as defined in the appropriate paragraph of Part 1 of Schedule 7A to the Local Government (Scotland) Act 1973. These will be published on www.argyll- bute.gov.uk. Where requested, the council will provide email notification to community councils of their publication. 17. Argyll and Bute Council will make available for viewing within 7 days of the meeting, minutes of all council committee meetings. These will be published on Page 86
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5 www.argyll-bute.gov.uk 18. Argyll and Bute Council will make available dates of its formal committee meetings and dates of Area Community Planning Groups, local liaison groups as existing. Communications 19. The council’s advice on communications is contained within “Code of Guidance for Communications with the Council.” Argyll and Bute Council is committed to respecting this advice. 20. Argyll and Bute Council will hold a centralised list of community council contacts which will be updated as per instruction from community councils. 21. Subject to appropriate consent being given, Argyll and Bute Council will provide details of the nominated contact(s) (normally the Secretary and/or Convener) on their website. This may include their name, address, telephone number and email address. Page 87
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6 Community Council Commitment Community Engagement 1. Community councils have a statutory right to ascertain, co-ordinate and express the views of the communities to Argyll and Bute Council and other public bodies. Community councils should seek to establish close, constructive relationships with Argyll and Bute councillors, council staff and other bodies as appropriate. 2. In ascertaining views, community councils should ensure there is wide consultation with the community and they should encourage local interest and participation in community debate. It is recognised that the more robust community councils can be in evidencing good community engagement, the more weight will be attributed to their view. Primary accountability is to the electorate (or those under 16 who are resident within the catchment area of a primary and/or secondary school within the community council boundary) so community councils should always approach informal soundings and more formal consultations with that in mind. 3. Community councils should give consideration to the use of social media which could play a part in engaging with community and under-represented groups whose views may not be forthcoming at meetings of the community council. 4. In expressing views, community councils should ensure that they reflect the balance of community interest and that the views expressed are set out in writing and relevant to the issues under discussion. The Secretary as official correspondent should ensure that they are acting with appropriate authority of the community council to do so when setting out the views of the community council in writing. 5. Community councils may identify specific arrangements for consultation on planning applications. To ensure the timely update of any change in planning contacts community councils are requested to notify the Community Council Liaison Officer who will instruct the planning team to update their contact information in line with an agreed procedure. The planning contact should be aware of the system for planning applications consultation operated by the council and should respond within the time limits laid down. 6. Community councils should encourage participation by other local organisations including special interests groups, civic groups, youth groups, tenants and residents associations, etc to ensure that a wide range of views are known to the community councils. 7. Community councils should actively support the development of community action plans for their area – whether as the lead body, or as a key stakeholder. Where these exist they may be used by community councils to help prioritise key work / consultation areas and communication of these to public and partners. 8. In particular community councils should appoint personnel to represent them at any appropriate Area Community Planning Group activity / forum. This contact will represent the views of the community council within the activity / forum and will feedback to their community councils. 9. Community councils will make every effort to participate in and respond to relevant consultations to ensure their community is represented in matters of interest. Page 88
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7 Elections 10. Community councils should encourage contested community council elections or by-elections, promoting electoral participation, the role of community councils and community councillors within the community they represent. Meetings, Minutes and Reports 11. Community councils should ensure that invitations are extended to all Argyll and Bute councillors to attend any meeting of the community council within their ward area. Community councils should recognise that Argyll and Bute councillors may have more than one community council within their ward area (in addition to their other commitments as councillors) and have discretion about their own arrangements, or ward arrangements to attend community council meetings. 12. Community councils should ensure that all meetings and activities are publicised in accordance with the detail set out in the Model Constitution 7 days prior to the meeting, and that there is an opportunity for members of the public and special interest groups to participate in discussion on the basis of information provided by the community council. Public discussion and open debate should be encouraged through the use of regular agenda items such as “Public Questions”. 13. Community councils should ensure that all minutes of meetings displayed publicly and are forwarded to relevant Argyll and Bute ward councillors and the CCLO. Community councils should consider whether the use of a website may have a role to play in widening access to their minutes etc. 14. Community councils will liaise with other community councils and local organisations to share good practice and exchange information on matters of common interest. 15. Community councils must hold, in addition to an AGM, a minimum of 6 ordinary meetings of the council each year, where the electorate is above 600. Where the electorate is 600 or less, a minimum of 4 ordinary meetings should be held. If desired a summer recess should be considered, good practice would be to tie in with any Council recess (currently scheduled for the month of July). 16. Community councils shall ensure that, as far as reasonably practicable, meetings are held in premises accessible to all members of the community. Provisions for remote access may assist in accessibility. 17. Where representatives of community / other groups attend and speak at a community council meeting on behalf of their groups, to promote good transparency, such attendance and input given should be noted clearly in the minutes of the meeting. Finance and Resources 18. Community Councils shall have due regard to the Financial Guidelines contained within the Best Practice Agreement. 19. Community councils should encourage members to attend any training provided to assist in terms of their operation as a community council – in particular that relating to improving their own community representation. Page 89
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8 20. Community councils may wish to make a mileage payment to its members in respect of attendance at such training sessions and, where large geographic areas are covered, the mileage associated with attending meetings. Such arrangements should be agreed by the community council who will put in place an appropriate procedure for claiming such monies and also agree a rate of payment. There will be no additional payment from the council. 21. Community councils shall encourage local development by promoting funding of community efforts. They may set up and raise specific funds for this purpose. Communications 22. The council’s advice on communications is contained within “Code of Guidance for communications with the council.” Community councils will respect the advice contained within this. 23. Community councils should ensure that an up-to-date contact list of all members, elected and co-opted, is maintained and changes notified to the Community Council Liaison Officer. Page 90
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9 Good Practice Agreement Code of Guidance for Communications with the Council This is the Code of Guidance for Communications between Argyll and Bute Council and community councils referred to in the Best Practice Agreement. Communications between such groups should follow the guidance below: 1. Enquiries 1.1 Enquiries are classified as “routine” or “major”. 1.1.1 “Routine Enquiry” includes enquiries to individual services regarding minor defects or service requests e.g. repairs required to street lights, road surfaces, uplift of rubbish, damaged play equipment, etc. Such enquiries should be made through the council’s “Report it” section on the website www.argyll-bute.gov.uk , which is a 24 hour service, or within office hours by calling the appropriate number from the list below: Council Tax Enquiries: 01546 605511/ctax1@argyll-bute.gov.uk Benefit Enquiries: 01546 605512 Roads & Lighting, car parking fines and faults, Waste Collection, Flytipping, abandoned vehicles, Dog Fouling, pest control: 01546 605514 or by emailing roadsandinfrastructure@argyll-bute.gov.uk Complaints and Feedback: 01546 605516 Social Care & Blue Badges: 01546 605517 Planning and Building Control Services: 01546 605518 or Planning.maki@argyll-bute.gov.uk planning.olandi@argyll-bute.gov.uk planning.bandc@argyll-bute.gov.uk planning.handi@argyll-bute.gov.uk Regulatory Services: 01546 605519 Book a pitch, room or minibus – 01546 605520 Homelessness: 01546 555936 Non-Domestic Rates – ndr@argyll-bute.gov.uk Switchboard/General Enquiries: 01546 605522 For service disruption information, the council provides proactive information on issues with services such as roads, lighting and waste collection on the “Service Disruption” page of the Council Website. You can also sign up to receive information regarding Service Disruption (and other information) by subscribing to the “Keeping in the Loop” service. Alternatively, there is a 24 hour phone line – 01546 604040 which provides voiceform updates, or you can email your enquiry to enquiries@argyll-bute.gov.uk . It is also possible to text your query to the council - 07860 023933. 1.1.2 “Major enquiry” includes a proposal to remove or amend a service, which would affect a number of members of the community. Such enquiries shall always be in writing. 1.1.3 “Planning comments” are comments made by the planning contact of the community council to the Planning Department, in response to notification about a planning application. Planning comments should always be in writing. 1.1.4 Writing includes typed or hand-written notes or letters, faxes or E-mails. 2. Making an Enquiry 2.1 Routine enquiries should be made to the department directly concerned. Routine Page 91
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10 enquiries may be made on the website, in writing or by telephone, fax, or e-mail or by calling in person to a Customer Service Point. A copy of a routine enquiry need not be sent to an Argyll and Bute councillor unless the community council considers that it is appropriate to do so. 2.2 Major enquiries should always be made in writing and delivered by letter, fax or e-mail to the most suitable office of the service concerned. Major enquiries should be signed by the secretary, as official correspondent of the community council, or in the secretary’s absence by the Convener of the community council. Major complaints should always be copied to the local Argyll and Bute councillor/s. 2.3 Where community councils are unsure of the appropriate personnel the CCLO should be contacted for advice. 2.4 Where the enquiry concerns: 2.4.1 The Constitution of a community council; 2.4.2 The election of community councils i.e. the overall electoral system and not the procedure adopted at a specific election; 2.4.3 Funding of a community council; 2.4.4 Proposed amendments to the area of community council; 2.4.5 The formation of a new community council; 2.4.6 A statutory code, such as that relating to planning applications (i.e. the code itself and not the way in which a specific application was dealt with); or 2.4.7 A query with regard to the application of this advice In the first instance the enquiry should be made to the Community Council Liaison Officer. 2.5 Enquiries, whether routine or major, should be addressed to individual services departments about individual issues. A series of enquiries on different service issues should not be addressed to one service (other than the Community Council Liaison Officer as above). 2.6 Where communications are from Argyll and Bute Council to a community council these will normally be addressed to the Secretary of the community council concerned, except where a liaison or contact nomination has previously been agreed, for example a planning or licensing liaison contact. 3. Responses 3.1 Routine/simple enquiries will be responded to within 5 working days. Services should advise, within 5 working days, where a routine enquiry is more complex and falls within the 20 day response category. 3.2 Where a council official deems it appropriate, a copy of any written response regarding a routine enquiry may be sent to the appropriate Argyll and Bute councillor. 3.3 Responses to major enquiries will depend upon the nature of the enquiry and the ability of the service to respond. Where a major enquiry can be dealt with within existing resources or comes within existing policies, then it will be dealt with by the service in accordance with the policy. 3.4 Where a major enquiry raises a new issue or cannot be dealt with within existing resources or could cause undue demand on resources, the appropriate officer concerned shall respond to the community council stating this view. A copy of any such response must be sent to the relevant local councillors. Page 92
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11 3.5 If, in the view of the appropriate officer, a major enquiry cannot be dealt with by the specific service, because it is against council policy, or would, in the appropriate officer’s view, be impracticable, unreasonable or not possible for some other stated reason, then the appropriate officer shall write to the community council with these views and a copy of any such response should be sent to the relevant local councillors. 3.6 In writing to the council, community councils should be specific about the details of any complaint, and give sufficient detail to identify the specific items, identifying locations and the nature of events which are of concern and any persons involved, including addresses. 3.7 Some services, particularly Planning, must follow statutory procedures. Advice on the procedure to be adopted by community councils in respect of responses to planning applications have been issued and should be followed by the planning contact of the community. 3.8 The use of the Internet and e-mail is encouraged. 4. Timescale For Written Response 4.1 Enquiries will be acknowledged within three working days. 4.2 Email and other such simple enquiries will be responded to within 5 working dates of the date of receipt of your enquiry. 4.3 If not considered routine the council will let you know within 5 working days and will provide information as to how your enquiry is being dealt with. 5. Keeping Argyll and Bute Councillors Informed 5.1 Community councils should keep local Argyll and Bute councillors informed with regard to more complex enquiries. The community councils are encouraged to agree a method of keeping Argyll and Bute councillors updated on key issues that arise in the area, recognising that it will not always be possible for attendance at every meeting, and this may best be done by either maintaining a briefing log that can be provided to councillors after the meeting or prompt forwarding of draft minutes. 5.2 The community council Secretary should send copies of letters, faxes and e-mails to the local Argyll and Bute councillor/s at the time such an enquiry is made. 5.3 Departments, in responding to community councils, shall send a copy of any response on a more detailed enquiry, relating to a service issue, to the local Argyll and Bute councillor/s at the same time as it is sent to community council. 6. Issues About Service Responses 6.1 Where a community council is not satisfied with the action taken or response to an enquiry, the community council may raise the issue with the management of that service in accordance with the council’s published complaints procedure. The Community council should outline its views on the response, which has been made by the council department and shall state the action, which the community council considers, should be taken. 7. Customer Care Advice 7.1 Specific guidance on individual services may be available from the service departments, which should be consulted as they may contain advice with regard to any enquiry or targets set for performance by services. Specific advice from service departments with regard to targets for responses, or any subsequently corporate Page 93
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12 adopted standards, will override general advice contained within this code. 8. Role of Argyll and Bute Councillors 8.1 Argyll and Bute councillors, as the elected representative for their wards, have a duty to represent all of the electors within their area. Community councillors have a duty to communicate the views of their communities to Argyll and Bute Council and therefore it is important that there is a good working relationship between community councillors and Argyll and Bute Councillors who have a common cause in promoting the views of the communities which they represent. 8.2 Community councillors should ensure that Argyll and Bute Councillors are kept informed of any matter of concern relating to a service provided by Argyll and Bute Council. 8.3 Likewise, Argyll and Bute councillors should inform community councillors of proposals by Argyll and Bute Council and the reaction by Argyll and Bute Council to any matters raised by the community council. 8.4 Community councils should ensure that Argyll and Bute councillors are invited to all meetings of the community council in their ward area, recognising that Argyll and Bute councillors may have more than one community council within their wards area (in addition to their other commitments as councillors) and have discretion about their own arrangements, or ward arrangements to engage with community councils. Page 94
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13 Community Council Financial Guidelines 1. Introduction 1.1 The purpose of this guidance is to provide community councils with simple instructions on the minimum level of documentation and records, which should be maintained. 2. Recording of Receipts and Payments 2.1. As a bare minimum the Treasurer should maintain records of all receipts and payments in a cash book using separate pages for each. Ideally this should be extended to include separate identifying columns for cash and bank. Depending on the detail required this could be further expanded to provide a fully analysed cash book, detailing the main categories of receipts and payments, e.g. grant income, postages, photocopying etc. 2.2. Good practice when bookkeeping is to record all transactions as quickly as possible and in as much detail as necessary. Wherever possible an invoice or till receipt should be received for every payment made, numbered sequentially and carefully filed. Where an invoice or till receipt is not available a pro-forma voucher should be raised by the Treasurer detailing what the payment was for and signed by the person receiving payment. 2.3. As with payments, receipts should be supported by appropriate documentation, which should be numbered sequentially and carefully filed. All cash/cheques should be given to the Treasurer as soon as possible. The Treasurer should issue a receipt (keeping a copy) detailing the amount of the receipt, what it relates to and who it has been received from. This is particularly important where cash (as opposed to cheque) is involved. 2.4. Additionally, a list should be prepared of any assets held by the community council, such as computers etc. This should be retained by the Treasurer and updated at least annually or as required and submitted with the annual accounts to the council. 3. Annual Accounts 3.1. Annual accounts should be prepared at the end of each year of the council’s operations, summarising the receipts and payments made during that year. The financial year of the community council will be specified within their Constitution. 3.2. The use of receipts and payments accounts is recommended. By definition this will only include physical receipts and payments made during the period, not transactions which still have to be concluded. Any transactions not concluded by close-of-business on the final day of the financial period must be accounted for in the following financial year. Ideally, every effort should be made to make all payments and receive all income before close of business on the last day of the relevant accounting year. If exceptionally there was a significant payment due but not made by the year-end then an appropriate note should be made to the accounts. 3.3. The annual accounts should show opening bank and cash balances, summarised details of receipts and payments for the year and the closing bank and cash balances. Appropriate vouchers should be retained as evidence for each transaction. 3.4. A suggested sample layout for annual accounts is included at the end of the document. Page 95
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14 4. Examination of Annual Accounts 4.1 These accounts require to be examined by a person suitably experienced in accountancy (preferably a qualified accountant) and who is not a member of the community council or related to a community councillor. 4.2. The examiners should confirm the bank and cash balances and examine all documents for authenticity, propriety, etc. to verify the accounts and sign and date them with a statement saying: “I have examined the books and records of the XXX Community Council for the period XXX to XXX and have found the above statement to be correctly stated and sufficiently vouched.” 5. Bank Accounts and Cash 5.1. Each community council should open a bank account in the name of the council. It is suggested that this account should be an interest- paying cheque account. However, where a community council holds large balances due to fund raising activities better rates of interest may be earned by having a separate deposit account. 5.2. The account should be operated with two signatories required for each cheque, with a minimum of three persons designated as signatories for ease of operating the account. This should always be the Treasurer and two other designated officers of the community council. Community councils are encouraged to put in place additional safeguards where online banking which generally only requires one signatory. This might, for example, include regular submission of bank statements to meetings. 5.3. Signatories should not sign blank cheques but the cheque should be prepared by the Treasurer and presented to another signatory along with appropriate documentary evidence relating to the payment. The signatory should sign the cheque and endorse the documentation with the cheque number and the payment date to show the payment has been made. 5.4. Cash held by the community council should be kept to a minimum and always held in a lockfast container. Page 96
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15 Example of a Basic Layout for a Cash Book INCOME Description Ref Chq No/Cash Total (£) Balance b/fwd 1 April 2021 Grant-Argyll and Bute Council 4 300.00 300.00 TOTAL 600.00 EXPENDITURE Description Ref Chq No/Cash Total (£) Wren Websites 1 00145 150.00 Starling Stationers Cash 50.00 Eagle Herald 3 00146 125.00 Osprey Room Hire Ltd 5 00147 50.00 Donation-Bloggs Group 6 Cash 125.00 Balance c/f 31 March 2022 100.00 TOTAL 600.00 “Ref” refers to the sequential numbering mentioned in paragraph 2.2 of the Financial Guidelines. Page 97
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16 Example of Preferred Layout for Annual Accounts XXX COMMUNITY COUNCIL Statement of Income and Expenditure of XXX Community Council for the period XXX to XXX Income £ Council Grant XXX Other Donations XXX Income From Fund Raisers XXX Other Income XXX Bank/Building Society Interest XXX Total Income XXX Expenditure Postages XXX Hall Hire XXX Advertising XXX (Surplus)Deficit for the Period XXX Opening Balance XXX Closing Balance as at XXX XXX Represented By Bank Account XXX Cash in hand XXX Prepared by …………………………… Date………………………………….. Examiners’ Certificate I have examined the books and records of the XX Community Council for the period XXX to XXX and have found the above statement to be correctly stated and sufficiently vouched. Signed by …………………………….. Date………………………………….. Page 98
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17 CODE OF CONDUCT FOR COMMUNITY COUNCILLORS The Code of Conduct for community councillors is based largely on the Code of Conduct for local authority councillors and relevant public bodies as provided for in The Ethical Standards in Public Life etc (Scotland) Act 2000. Community councillors, as elected representatives of their communities, have a responsibility to make sure that they are familiar with, and that their actions comply with, the principles set out in this Code of Conduct. The Code of Conduct and its principles shall apply to all community councillors and those representing the community council. These principles are as follows: Service to the community (public service) Selflessness Integrity Objectivity Accountability and Stewardship Openness Honesty Leadership Respect Service to the Community As a community councillor you have a duty to act in the interests of the local community, which you have been elected or nominated to represent. You also have a duty to act in accordance with the remit of the Scheme for the Establishment of Community Councils, as set out by your local authority under the terms of the Local Government (Scotland) Act 1973. You have a duty to establish and reflect, through the community council, the views of the community as a whole, on any issue, irrespective of personal opinion. You should ensure that you are, within reason, accessible to your local community and local residents. Various mechanisms to allow the general community to express their views, i.e. suggestion boxes, community surveys, opinion polls should, where possible, should be made available. Selflessness You have a duty to take decisions solely in terms of the interest of the community that you represent. You must not use your position as a community councillor to gain financial, material, political or other personal benefit for yourself, family or friends. Integrity You must not place yourself under any financial or other obligation to any individual or organisation that might reasonably be thought to influence you in your representation of your community. If you have any private and/or personal interest in a matter to be considered by the community council, you have a duty to declare this and if deemed necessary by other members, withdraw from discussions and the decision making process with regard to that matter. You should not accept gifts or hospitality that may be seen to influence or be intended to influence your opinion or judgement. The offer and/or receipt of any gifts, regardless of form, should always be reported to and noted by the Secretary of the community council. Page 99
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18 Objectivity In all your decisions and opinions as a community councillor, you must endeavour to represent the overall views of your community, taking account of information which is provided to you or is publicly available, assessing its merit and gathering information as appropriate, whilst laying aside personal opinions or preferences. You may be appointed or nominated by your community council to serve as a member of another representative body. You should ensure that this Code of Conduct is observed when carrying out the duties of the other body. You are free to have political and/or religious affiliations; however you must ensure that you represent the interests of your community and community council and not the interests of a particular political party or other group. Accountability and Stewardship You are accountable for the decisions and actions that you take on behalf of your community through the community council. You must ensure that the community council uses its resources prudently and in accordance with the law. Community councillors will individually and collectively ensure that the business of the community council is conducted according to the Scheme for the Establishment of Community Councils and this Code of Conduct. Community councillors will individually and collectively ensure that annual accounts are produced showing the financial undertakings of the community council as set out in the Scheme for the Establishment of Community Councils. They must also ensure that all resources are used efficiently, effectively and fairly and are used strictly for the purposes of community council business and for no other purpose. Minutes of meetings recording all actions and decisions made should be produced and circulated to all members of the community council as soon as possible after each meeting. Any breach of the Scheme for the Establishment of Community Councils may be reported to the local authority to determine what action, if necessary, should be taken. Openness You have a duty to be open about your decisions, actions and representations, giving reasons for these where appropriate. You should be able to justify your decisions and be confident that you have not been unduly influenced by the views and/or opinions of others. If you have dealings with the media, members of the public, or others not directly involved in your community council, you should ensure that an explicit distinction is made between the expression of your personal views and opinions from any views or statement made about or on behalf of the community council. Honesty You have a duty to act honestly. You also have an obligation to work within the law at all times. You must declare any private interest relating to your community council duties and take steps to resolve any conflicts arising in a way that protects the interest of the community and the community council. Page 100
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19 Leadership You have a duty to promote and support the principles of this Code of Conduct by leadership and example, to maintain and strengthen the community’s trust and confidence in the integrity of the community council and its members in representing the views and needs of the local area. You must also promote social inclusion and challenge discrimination in any form. You should act to assist the community council, as far as possible, in the interest of the whole community that it serves. Where particular interest groups’ concerns are in conflict with those of other groups or other areas you should help to ensure that the community council is aware of them. Respect You must respect fellow members of your community council and those that you represent, treating them with courtesy, respect and in a non-discriminatory manner at all times. This should extend to any person, regardless of their position, you have dealings with in your capacity as a community councillor. Recognition should be given to the contribution of everyone participating in the work of the community council. You must comply with Equal Opportunities legislation and ensure that equality of opportunity be given to every participant to have their knowledge, opinion, skill and experience taken into account. You should ensure that confidential material, including details about individuals, is treated as such and that it is handled with dignity and discretion and is not used for personal, malicious or corrupt purposes. Page 101
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GOOD PRACTICE GUIDANCE FOR LOCAL AUTHORITIES AND COMMUNITY COUNCILS This Good Practice Guidance Document has been produced as a direct result of the recommendations arising from the review of Community Councils undertaken in 2005, and the subsequent recommendations put forward by the Scottish Government’s Community Council Working Group. This document is a “living document” and its purpose is to support the Model Scheme of Establishment of Community Councils as well as provide guidance based on good practice. This will enable both community councils and local authorities to work together to ensure that community councils have the capacity and capability to engage effectively in an open, transparent and positive manner alongside other community organisations allowing them to represent their community and enabling them to inform strategic decisions from a grass roots level. New Community Councillors should be encouraged to read this as part of their induction as this is a comprehensive introduction to Community Councils and their workings. It is intended that the document will evolve alongside the relationship between local authorities and community councils and we would welcome any suggestions on how the contents may be improved. Please send your suggestions to Marion Kenmure, Community Planning Team, 3-J South, Victoria Quay, Edinburgh, EH6 6QQ, or, by e-mail to marion.kenmure@scotland.gsi.gov.uk. We will consider all suggestions and review the document contents on a regular basis. Version 2 1 Page 103
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Version 2 2 Contents Page 1. Introduction and background to Community Councils 3 2. Role of the Community Councillor 6 3. Role of Office Bearers 7 • Chairperson • Vice Chair • formal role and enabling role • Secretary • Treasurer 4. Scheme Review Process 12 5. Election Procedures 23 6. Consulting with your local area 26 7. Campaigning on the issues 29 8. Representing your Community 31 9. Improving and Encouraging Youth Membership 33 10. Training and Development of Community Councillors 36 11. Area Forum Membership 37 12. Planning 38 13. Core Funding from Local Authorities 49 14. Non-financial support from Local Authorities 54 15. Consultations and Decision Making Processes 55 16. Data Protection 56 17. Licence Applications 60 18. Equality Diversity and Community Councils 61 19. Roles of Parliament (Scottish, UK, European) 63 Page 104
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SECTION 1 AN INTRODUCTION AND BACKGROUND TO COMMUNITY COUNCILS Introduction to Community Councils Community Councils are groups of people who give time to, and have a genuine interest in, the well-being of their community. They meet, usually once a month, and their chief role is representative; to consult the local community and to make known to the local authority and other public bodies the views of local people on all matters affecting them. The local authority, in return, has a duty to consult community councils on how local services are delivered and other issues affecting their neighbourhoods. Community councils have the right to be consulted on any planning applications in their areas and are also kept informed about licensing applications. Community councils were introduced through the Local Government (Scotland) Act 1973. The Act defined the purpose of a community council as: "to ascertain, co-ordinate and express to the Local Authorities for its area and to public authorities the views of the community which it represents, in relation to matters for which those authorities are responsible." This has allowed community councils to get involved in a wide variety of issues. A recent survey by the Association of Scottish Community Councils identified over 1,000 different activities which community councils have undertaken. These included road improvements, youth projects, environmental initiatives, upgrading of amenities and community initiatives. In addition to this, there are any number of activities which they can become involved in which might benefit their area, either working on their own or in partnership with other agencies. A community council can act as a campaigning body in raising awareness of specific local issues. They can be particularly useful in co-ordinating smaller, local organisations to ensure that resources aren’t being wasted and that several groups aren’t all trying to do the same job. The Local Government Scotland Act, 1973 empowered all local authorities to assist community councils, both with funding and administrative support. There are currently about 1200 community councils in Scotland covering populations ranging from 35 to 34,000. The boundaries of their communities are usually defined naturally, hence the name “community council”. The features and rules that describe these boundaries, including the number of community council representatives, the populations they represent and their election procedures are determined by each parent local authority through the Scheme for Community Councils, Version 2 3 Page 105
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Origins of Community Councils In 1800 Glasgow obtained a local act of parliament to set up a system of policing, whereby a body of police commissioners, elected by householders, oversaw a police force, and the maintenance of paving, lighting and cleansing the streets. Other Scottish burghs obtained similar local acts in the next few years, including Edinburgh in 1805. In 1832 and 1833 legislation converted royal burghs and many burghs of barony and regality into parliamentary burghs with elected councils. Under the Police of Towns (Scotland) Act 1850 and the General Police and Improvement (Scotland) Act 1862 these powers were extended to include populous places as well as towns, and the result was the creation of over 100 'police burghs' across Scotland. In the second half of the nineteenth century there were growing calls for reform of the burghs. Many suffered from financial mismanagement and corruption, particularly regarding parliamentary representation, and larger towns faced problems coping with industrial pollution, sewerage, disposal and water supply. The Burgh Police (Scotland) Act 1890 ended the anomaly whereby some burghs had an elected body of police commissioners and also a town council, and granted further powers to burghs, allowing them to adopt public health, policing, paving, lighting and cleansing powers through a sheriff court process rather than by an Act of Parliament. In 1930, under the Local Government (Scotland) Act, burghs were divided into counties of cities (Glasgow, Edinburgh, Aberdeen and Dundee), large burghs, and small burghs. Burghs were abolished in 1975 and at a local level, community councils were created. Community councils were partly seen as a representative replacement for small burghs, although they were introduced within urban as well as rural areas. The district and regional council system introduced in 1975 was in turn replaced by the current unitary authority structures in 1996. Community Council Activities To a great extent community councils are what they do. The breadth of their statutory purpose is reflected in a wide range of activities which contribute to a variety of roles. One way of describing community councils’ main activity is that they hold meetings at regular, often monthly, intervals. However, the activities undertaken by community councils between meetings are important in determining their effectiveness as community representatives. Version 2 4 Page 106
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Version 2 5 There is great variety between and within community councils and the most active will regularly: • write letters following a meeting of the community council in order to highlight an issue • attend meetings with public officials • hold a public meeting either at regular intervals or in response to a specific issue, or to find out what are the areas of concern within the community • carry out surveys in the area, typically by using questionnaires • meet with other community councils or other community groups • write in response to a draft policy report or consultation document • receive and respond to enquiries and problems raised by members of the public • send representatives to attend a meeting of a council area committee, advisory group or regeneration partnership • produce a newsletter and distribute it to all homes in the area, or have a website • arrange for public officials or others to attend future meetings of the community council • negotiate codes of practice with local authorities • arrange community events such as gala days, fetes, or clean up days in order to promote the community council. Page 107
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SECTION 2 – ROLE OF THE COMMUNITY COUNCILLOR As a community councillor it is important that you recognise from the outset that you are required to play a role in your community. This means not simply offering your own views and opinions on local issues, or taking decisions that are based on your own self-interest. The role of the community councillor is one that requires you to represent the views of your community, or your section of the community. In practice, this will involve discussing issues with people in the community to clarify their views and assess the strength of their feelings on different topics. It is also a good idea to encourage people to bring issues to you so that you can take them up at community council meetings. Try to check out the facts, however, before taking matters to the community council, and if there are two sides to the story, make sure that both of them are put forward. There is little point in taking up time at meetings to discuss problems that are based simply on misunderstandings or misrepresentations of the facts. At some point it may be that you will find some conflict between your own personal views and interests and those of the community that you are representing. If such a situation does arise, try to make sure that the views of the community take precedence. Experience shows that if the views of individuals on the community council are allowed to take priority then the community will very quickly lose confidence in the community council and its work may subsequently be devalued. In some instances, it may be necessary and appropriate to declare an interest in the matter under discussion and to withdraw from that debate and decision-making. The task of any community council is to identify the needs and aspirations of its community and to take decisions that will lead to appropriate action in that community. At some point this might involve setting priorities on the competing or conflicting needs of different sections of the community. Competition and conflict are normal in any community, so you shouldn’t think of them as something that can be altogether avoided. What is important is that you approach competition or conflict in a fair and reasonable manner. This means taking a balanced view of your community’s needs and aspirations and giving a fair hearing to representatives from different interest groups in your community. In particular, you should try to avoid being influenced by prejudice or bias, whether in the sphere of race, religion, gender or any other of the "labels" which get attached to people and to local issues. Version 2 6 Page 108
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SECTION 3 - ROLE OF OFFICE BEARERS The Chairperson The Chair has perhaps the most important single role to play in ensuring that community council meetings run smoothly. But even a good Chair will find the task exhausting unless all the members of the community council give the role appropriate respect and support. The Chair is elected in accordance with the rules set out in the community council’s own Constitution. Your Secretary should be able to provide you with a copy. The Constitution is very important because it provides the framework of procedures that will govern the work of your community council. In essence, the Chair’s job is to make sure that decisions are taken on all of the items that are on the Agenda. In practice, this usually means that the Chair will have to make judgements about how much time to allocate to each Agenda item. It also means that he or she may occasionally have to bring speakers back to the Agenda and generally encourage people to make their contributions brief and to the point. In regular meetings the role of the Chair is a formal one, all speakers will be expected to address their comments to the Chair. This helps the Chair to keep control of the discussion. In Committee meetings, where proceedings need not be so formal, the Chair may be content simply to steer the general direction of the discussion – this may be described as an enabling role. The extent to which a Chair adopts one or the other of these will be dependent upon the circumstances at a particular time or occasion. Set out below are some of the characteristics of the two approaches. Perhaps most importantly of all, the Chair is expected to know the rules by which the community council functions, and ensure that at all stages of its work the community council is operating in accordance with any procedures that are set down. In this context the Chair may be called upon to act as an arbiter when there is a disagreement about how the rules should be interpreted. It is important to recognise that the Chair’s role extends outwith the meeting itself. The Chair may be called upon to act on behalf of the community council between meetings, or to represent the community council in dealing with outside bodies. This role may also be delegated by the community council to other office bearers or members. Version 2 7 Page 109
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Very often the Chair is seen as the “official” spokesperson for the community council and must be seen as authoritative and fair in all of their dealings with outside bodies, groups, individuals and the Press. The Role of the Vice Chair The Vice Chair has no specific duties other than standing in for the Chair when he or she is unable to be present. Often the Vice Chair is the next “Chair in waiting”. Formal Role and Enabling Role During meetings, the Chair can be described as having two main roles - formal and also enabling. The following table details the various elements of these two roles: THE FORMAL CHAIR THE ENABLING CHAIR General role and responsibilities Ensure fair play Have an overview of the task/goals of the meeting Stay in charge Help to clarify goals Remain neutral Help the group to take responsibility for what it wants to accomplish and to carry out its tasks Have little emotional investment Agenda and timekeeping Open the meeting Run through the agenda at the beginning and get the meeting’s approval for it Introduce all agenda items Arrange in advance for someone to introduce each agenda item Be familiar with all agenda items Update latecomers Get through the agenda in allotted time Keep track of the time Evaluate how the meeting went Discussion Select speakers Encourage and help all to participate Summarise discussion Encourage expression of various views Version 2 8 Page 110
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THE FORMAL CHAIR THE ENABLING CHAIR End discussion Encourage people to keep to the subject Ensure that people keep to the subject Clarify and summarise discussion Make it safe to share feelings Suggest ways of handling conflict Decision making and voting Ensure decisions are taken and agreed Suggest structures for decision making Decide when to and conduct the vote Look for and test areas of agreement Rules Check that the meeting has been called in accordance with the rules Have a thorough knowledge of the rules Rules on points of order and procedure Outside the meeting Act on behalf of the organisation Pursue decisions made in meetings Represent the Council to outside bodies Ensure someone will carry out decisions Ensure that responsibility for action is allocated The Secretary The Secretary is responsible for: • The Agenda • The Minutes of the meeting • Answering all correspondence • Writing any letters • Circulating information to Members • Public relations, dealing with the press, TV and radio (the community council could decide to delegate this role to the Chair, or a dedicated media rep) Version 2 9 Page 111
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• Looking after invited visitors and guest speakers • Arranging the venue for meetings • Liaison with officials of the local authority and other agencies To be successful, a Community Council must have an energetic and conscientious Secretary prepared to put in the necessary time and effort. It is more than desirable for all Members, but especially the Chair, to spread the Secretary’s load by, for instance, delegating some of his or her responsibilities to others, either individually or to small sub-committees. It is bad policy to overload your Secretary - you might find difficulty getting volunteers! The duties may be allocated to more than one person, for instance having someone to act as Minute Secretary - taking minutes at meetings. It is essential that the Secretary has access to word-processing and photocopying facilities. The Treasurer The Treasurer is responsible for: • issuing all cheques and making payments on behalf of the Community Council and any charities and/or other funds dispersed by the Council. • managing the bank account, account for all funds received, and ensure money is only spent in a manner approved by the Community Council Members as recorded in the minutes. • maintaining the Community Council’s financial records so that they disclose, with reasonable accuracy at any time, the financial position of the Community Council. • ensuring cheques are signed by two persons authorised by the Community Council Members as recorded in the minutes, and notified to the bank in writing. It is good practice to have more than two authorized signatories, in the event of someone being unavailable at short notice. As a general rule, Treasurers should avoid paying out money except by cheque. This makes accounting for expenditure much easier. • keeping proper accounts of all receipts and expenditure and prepare an Annual Statement of Accounts. Councils should use an independent, external examiner to approve the accounts. This need not be a professional accountant, but should be someone who has some relevant Version 2 10 Page 112
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knowledge, e.g. the book-keeper of a local community centre, local housing organization (LHO), or housing association. • must report and answer any questions raised by Members of the Council or the public on the Statement, this must be formally approved at the next AGM. When statement certified and approved, it should be sent to the local authority, as part of the process of applying for the annual administration grant. • The standard form of words for the Treasurer’s Certificate is: “I certify that the above accounts have been prepared by me and accurately reflect the financial provisions relating to the period …..” • preparing simple budgets to advise Members prior to their committing funds. Further advice is available at section 13 on Core funding. Version 2 11 Page 113
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SECTION 4 SCHEME REVIEW PROCESS This step-by-step guide to a review process for a Scheme for the Establishment of Community Councils is largely taken from the original Scottish Office publication: 1Local Authorities and Community Councils: Enhancing the Relationship. The guide is however, supplemented by a practical example of a timetable with decision-making process; and Press Notices for the execution of a review process. The statutory basis for establishing community councils is set out in Sections 51 to 55 of the Local Government (Scotland) Act 1973. This is supplemented by Section 22 of the Local Government etc. (Scotland) Act 1994. So, for the purposes of precision….. The Statute Says:- Local Government (Scotland) Act 1973 "51. - (1) Every local authority shall, before 16th May 1976, or such later date as may be agreed by the Secretary of State, submit to the Secretary of State, in accordance with the provisions of this Part of this Act, a scheme for the establishment of community councils for their area. (2) In addition to any other purpose which a community council may pursue, the general purpose of a community council shall be to ascertain, co-ordinate and express to the local authorities for its area, and to public authorities, the views of the community which it represents, in relation to such matters for which those authorities are responsible, and to take such action in the interests of that community as appears to it to be expedient and practicable. 51. - (3) Repealed. 52. - (1) Every local authority shall give public notice of their intention to frame a scheme for the establishment of community councils, and any such notice shall invite the public, within a period of not less than eight weeks from the date of the notice, to make suggestions as to the areas and composition of the community councils. (2) After considering suggestions made under subsection (1) above, the local authority shall prepare and give public notice of a draft scheme which shall contain - (a) a map showing the boundaries of the proposed areas of community councils and their populations, and the boundaries of any area for which the local authority consider a community council to be unnecessary; (b) where a local authority consider that a community council is unnecessary Version 2 12 Page 114
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for any area, a statement of their reasons for arriving at this conclusion; (c) provisions relating to qualifications of electors, elections or other voting arrangements, composition, meetings, financing and accounts of community councils; (d) provisions concerning the procedures to be adopted by which the community councils on the one hand and the local and public authorities with responsibilities in the areas of the community councils on the other will keep each other informed on matters of mutual interest; and (e) such other information as, in the opinion of the local authority, would help the public to make a reasonable appraisal of the scheme. (3) The notice mentioned in subsection (2) above shall invite the public, within a period of not less than eight weeks from the date of the notice, to make to the local authority representations as respects the draft scheme. (4) After considering any representations made under subsection (3) above, the local authority may amend the draft scheme to take account of those representations and shall submit the scheme to the Secretary of State for his approval along with any outstanding representations and their comments upon them. (5) The Secretary of State, after holding, if he thinks fit, a local inquiry in relation to the whole scheme or any part thereof, may approve, with or without modifications, a scheme submitted to him under subsection (4) above, or may refer the scheme back, in whole or in part, for further consideration by the local authority concerned. (6) After the Secretary of State has approved a scheme, the local authority shall give public notice of the scheme in its approved form together with public notice of such a scheme as it applies to each proposed area, by exhibition in that area, and any such notice shall contain an invitation to electors in the area concerned to apply in writing to the local authority for the establishment of a community council in accordance with the scheme. (7) Where not less than 20 electors apply as mentioned in subsection (6) above, the local authority shall, within not more than six weeks from the date of the application, organise, in accordance with the scheme, elections or other voting arrangements for the purpose of establishing the community council. 53. - (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 this Act 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 Version 2 13 Page 115
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to the local authority representations as respects the proposals. (2) The local authority shall consider any representations made under subsection (1) above and may amend the scheme in accordance with - (a) the notified proposals; or (b) those proposals as amended to take account of any such representations. Provided that the scheme shall not be amended under paragraph (b) of this subsection unless public notice of the amendments to the proposals has been given with a further invitation to make representations under subsection (1) above. (3) A decision of the local authority - (a) to review, under subsection (1) above; or (b) to amend, under subsection (2) above, 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. 54. Repealed. 55. Councils for local government areas may make such contributions as they think fit towards the expenses of community councils within their areas, may make loans to those councils and may, at the request of such community councils, provide them with staff, services, accommodation, furniture, vehicles and equipment, on such terms as to payment or otherwise as may be agreed between the councils concerned. Local Government etc (Scotland) Act 1994 22. - (1) Subject to subsection (2) below, schemes for the establishment of community councils made and approved under section 52 of the 1973 Act, including any such schemes as amended by section 53 of that Act, which are effective immediately before 1st April 1996 shall continue to have effect in respect of that area, or part of an area, to which they apply on and after that date. (2) Without prejudice to their duty under section 53 of the 1973 Act, on and after 1st April 1996, a local authority may revoke a scheme (or an amended scheme) such as is mentioned in subsection (1) above in so far as it relates to their area and make a new scheme in accordance with this section. Version 2 14 Page 116
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(3) Where a local authority propose to make a new scheme such as is mentioned in subsection (2) above - (a) they shall give public notice of their intention to revoke the existing scheme and make a new scheme for the establishment of community councils, and any such notice shall invite the public, within a period of not less than eight weeks from the date of the notice, to make suggestions as to the areas and composition of the community councils; (b) after considering suggestions made under paragraph (a) above, the local authority shall prepare and give public notice of a draft scheme which shall contain - (i) a map showing the boundaries of the proposed areas of community councils and their populations, and the boundaries of any area for which the local authority concerned consider a community council to be unnecessary; (ii) where a local authority consider that a community council is unnecessary for any area, a statement of their reasons for arriving at that conclusion; (iii) provisions relating to the qualifications of electors, elections or other voting arrangements, composition, meetings, financing and accounts of community councils; (iv) provisions concerning the procedures to be adopted by which the community councils on one hand and the local and public authorities with responsibilities in the areas of the community councils on the other will keep each other informed on matters of mutual interest; and (v) such other information as, in the opinion of the local authority, will help the public to make a reasonable appraisal of the scheme; (c) the notice mentioned in paragraph (b) above shall invite the public, within a period of not less than 8 weeks from the date of the notice, to make representations to the local authority as respects the draft scheme; (d) after considering any representations made under paragraph (c) above, the local authority may, after giving public notice of the amendments to the proposals and a further invitation to make representations, amend the draft scheme to take account of those representations and adopt it; (e) the local authority shall give public notice. For the purposes of practical implementation of a review then, the legislation can be broken down into several steps, within each of which there are several actions to be undertaken. There may very well be some fine distinctions drawn between individual local authorities’ application of the process. For Version 2 15 Page 117
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example, the statutory consultation periods of 8 weeks may be extended to 12 weeks to reflect national consultation standards. Decision to amend a Scheme There can be several reasons for a local authority to consider the amendment of a Scheme, commonly; changing local landscape, demographic shifts, and in the case of most local authorities at this time (2009), the endorsement by the Scottish Government, CoSLA and the Association of Scottish Community Councils of a Model Scheme for the Establishment of Community Councils, together with accompanying documentation, which has been published following a Scotland-wide consultation exercise on its appropriateness. 1. A Special Council meeting (please note that all of the Council meetings referred to in this section should be Special Council meetings, held for that purpose. The most common mechanism for this is that the Special Council meetings are held immediately before the calendared Council meetings) considers a report on the intention to amend its Scheme for the Establishment of Community Councils under Section 53. - (1) of the Local Government (Scotland) Act 1973. 2. Upon approval of the report, a 2Public Notice is published in the local Press to that effect with an, at least, 8-week consultation period for any representations to be made on the: ‘draft amended areas and composition of the community councils’. 3. A Special Council meeting considers a report on the outcome of the consultation exercise on the draft amended areas and composition of the community councils; and additionally, the contents of a proposed draft amended Scheme. 4. Upon approval of the report, a second 3Public Notice is published in the local Press to that effect with an, at least, 8-week consultation period for any representations to be made on the: ‘draft amended Scheme’. 5. A Special Council meeting considers a report on the contents of a draft amended Scheme and its adoption. 6. Upon approval of the report, a third 4Public Notice is published in the local Press to that effect with a, commonly, 4-week consultation period for any final representations to be made on the draft amended Scheme, together with associated documentation, including community council boundaries. 7. A Special Council meeting considers final representations and agrees the ‘Amended Scheme for the Establishment of Community Councils’. 8. A fourth 5Public Notice is published ‘of the Scheme in its amended form together with Public Notice of such a Scheme as it applies to each proposed area, by exhibition in that area, and any such notice Version 2 16 Page 118
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shall contain an invitation to electors in the area concerned (*where there is currently no community council established) to apply in writing to the local authority for the establishment of a community council in accordance with the amended Scheme’. The already established community councils operate as normal under the new Scheme until their new prescribed election dates come around. Please note that there may be instances when a consultation period does not attract any or any substantive representations. However, as the legislation illustrates a staged approach to the process, the most common complete statutory review period would be 8-weeks, 8-weeks and finally, 4-weeks. *No invitation to petition the Council for the establishment of a community council is required for currently established community council areas as the new Scheme would automatically come into force for them to continue as normal. GUIDE TIMETABLE FOR A REVIEW OF A COUNCIL’S ‘SCHEME FOR THE ESTABLISHMENT OF COMMUNITY COUNCILS’ DATE EVENT DESCRIPTION 1. February Special Council Meeting. Both areas and composition and draft Amended Scheme and associated documentation. As part of a report on the current scheme, of community councils, Council to consider a recommendation to amend the existing scheme and make a new scheme for the establishment of community councils. 2. February (2) Publish Public Notice. Areas/Composition. Give public notice of the Council’s intention to amend the existing scheme and make a new scheme for the establishment of community councils. Period of 8 weeks from February to April. 3. May Special Council Meeting. Areas/Composition. Council to consider suggestions from the first consultation period and agree a draft amended scheme for consultation. 4. May (3) Publish Public Notice. Draft Amended Scheme and associated documentation. Give public notice of the Council’s draft amended Scheme. Period of 8 weeks from May to July. 5. August Special Council Meeting Council to consider Version 2 17 Page 119
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Draft Amended Scheme and associated documentation. suggestions to the draft amended scheme and agree a final draft amended scheme for consultation. 6. August (4) Publish Public Notice. Both. Give public notice of the Council’s final draft amended scheme for the establishment of community councils. Period of 4 weeks from August to September 7. November Special Council Meeting. Both. Council to consider suggestions to the final draft amended scheme; alter if required; and formally approve the amended scheme. 8. December (5) Publish Public Notice. Establishment Process/Notice for currently non- established community council areas. Give public notice of the Council’s amended scheme; and invitation to electors to apply for establishment (where there is no community council currently in existence). Within the context of each of the consultation stages, there are administrative tasks to be undertaken, such as direct notification to and the provision of, plans and associated documentation to all community councils and placing of same, for general public access and scrutiny, in appropriate locations across the local authority area. Each local authority, outwith its normal decision- making processes, will have its own methodology when it comes to briefing elected members. 1Local Authorities and Community Councils: Enhancing the Relationship http://www.scotland.gov.uk/library/documents-w3/lacc-00.htm The undernoted shall be appended to the finalised guidance, following receipt of comment from local authority CCLOs. 2Public Notice (examples follow this page) 3Public Notice ‘’ 4Public Notice ‘’ 5Public Notice ‘’ Version 2 18 Page 120
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(2) ………………………. COUNCIL Local Government (Scotland) Act 1973 Proposed Amendments to the Council’s Scheme for the Establishment of Community Councils Notice is hereby given, that …………… Council, in exercise of the powers conferred upon it by Section 53 (1) of the above mentioned Act, proposes to amend the Scheme for the Establishment of Community Councils. A Special Meeting of the Council, held on ………………, agreed to a public consultation exercise on proposed amendments to the Scheme. The initial consultation process will be held over two 8 week periods. The first consultation period shall address the Plan of Community Councils’ Areas and Disposition and the second period shall address the Scheme itself, together with associated documentation. A final 4 week period of consultation will be held prior to adoption of any amendments. A plan of the proposed amendments to community council areas and disposition may be examined at:- Council Headquarters, …………………………………….. ; All Libraries; and On the Council’s website, at: www. ……………… .gov.uk Any person or organisation wishing to make written representations on the proposed amendments should address them to ……………………., …………………….., within a period of 8 weeks from publication of this Notice. …………………….. Chief Executive, …………… Council. Version 2 19 Page 121
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(3) ………………………. COUNCIL Local Government (Scotland) Act 1973 Proposed Amendments to the Council’s Scheme for the Establishment of Community Councils Notice is hereby given, that …………… Council, in exercise of the powers conferred upon it by Section 53 (1) of the above mentioned Act and in the second period of the consultation process published, proposes to amend the Scheme for the Establishment of Community Councils. A Special Meeting of the Council, held on ………………, agreed to a public consultation exercise on proposed amendments to the Scheme to be held over two 8 week consultation periods. This second period of consultation addresses the Scheme itself, together with associated documentation. The proposed amendments to the Scheme for the Establishment of Community Councils and Associated Documentation may be examined at:- Council Headquarters, …………………………………….. ; All Libraries; and On the Council’s website, at: www. ……………… .gov.uk Any person or organisation wishing to make written representations on the Scheme for Establishment of Community Councils and Associated Documentation should address them to ……………………., …………………….., within a period of 8 weeks from publication of this Notice. …………………….. Chief Executive, …………… Council. Version 2 20 Page 122
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(4) ………………………. COUNCIL Local Government (Scotland) Act 1973 Proposed Amendments to the Council’s Scheme for the Establishment of Community Councils Notice is hereby given, that …………… Council, in exercise of the powers conferred upon it by Section 53 (1) of the above mentioned Act, has concluded the initial two periods of 8 week public consultation on proposed amendments to the Scheme for the Establishment of Community Councils A Special Meeting of the Council, held on ……………………….. agreed to give public notice of these amendments and a final 4 week period to make representations, prior to its adoption . The Amended Scheme for the Establishment of Community Councils, together with Associated Documentation and the Amended Plan of Community Council Areas and Disposition may be examined at:- Council Headquarters, …………………………………….. ; All Libraries; and On the Council’s website, at: www. ……………… .gov.uk Any person or organisation wishing to make written representations on the proposed final amendments should address them to ……………………., …………………….., within a period of 4 weeks from publication of this Notice. Where no representations have been made, the Amended Scheme for the Establishment of Community Councils (associated documentation and areas and composition) will have effect as amended by the proposals. …………………….. Chief Executive, …………… Council. Version 2 21 Page 123
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(5) ………………………. COUNCIL Local Government (Scotland) Act 1973 Adoption of Amendments to the Council’s Scheme for the Establishment of Community Councils Notice is hereby given, that …………… Council, in exercise of the powers conferred upon it by Section 53 (1) of the above mentioned Act, has concluded the public consultation exercise on proposed amendments to the Scheme for the Establishment of Community Councils. A Special Meeting of the Council, held on ……………………….. agreed to adopt the Amended Scheme for the Establishment of Community Councils, together with Associated Documentation and Plan of Community Councils’ Areas and Disposition, with immediate effect. The adopted Amended Scheme for the Establishment of Community Councils, together with Associated Documentation and the Plan of Community Council Areas and Disposition may be examined at:- Council Headquarters… …………………………………….. ; On the Council’s website, at: www. ……………… .gov.uk An invitation is therefore extended to residents aged 16 years and over and whose name appears on the electoral register, within community council areas featured below, to petition the Council for an establishment process to be initiated:- …………………. …………………. …………………. ……………….. …………………. …………………. …………………. ……………….. …………………. …………………. …………………. ……………….. Requests for advice and practical assistance on the process for establishment of a community council should be directed to …………………………… …………………….. Chief Executive, …………… Council. Version 2 22 Page 124
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SECTION 5 ELECTION PROCEDURES Elections are the key to ensuring appropriate and effective representation is achieved for Community Councils. Elections are therefore to be encouraged and Community Councils should receive appropriate support to administer elections where needed. This guidance outlines best practice that is recommended to be followed when undertaking Community Council elections, key elements that require to be adhered to are detailed in the Local Authority Community Council Scheme. Procedure for elections by existing community councils Voting for candidates for election to a community council may take the following form: • Secret ballot utilising ballot papers and box. • Show of hands The notice declaring the intention to conduct an election, and seeking nominations of candidates for election to the community council must be publicly advertised at least twenty eight days before the date on which the election, by whatever form, is to take place. The notice must specify arrangements to allow a permanent resident of the area to be included on a community council supplementary roll if they are not listed on the Local Authority's electoral register. The notice must contain details of:- • the name and address of the person responsible for issuing and receiving nomination forms; • the closing date and time for receiving nomination forms which must be at least fourteen days before the election takes place; • the closing date and time for receiving application forms for inclusion in the supplementary roll which must be at least fourteen days before the election takes place; and • the date on which elections will take place and the statement as to whether the election will be by a show of hands at a public meeting, by secret ballot, by postal ballot or by a combination of those methods. Filling of interim vacancies • Community councillors are democratically elected and as such the process of appointment has to be transparent. This guidance details the process which should be followed to comply with the Council’s Scheme for the Establishment of Community Councils and to demonstrate an open and democratic process. Version 2 23 Page 125
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• All community councils should maintain an up to date record of membership and vacancies occurring, for whatever reason should be reported to their local authority (named official) to allow for updating of records. Community Councils are asked to fill vacancies within 3 months. • When a vacancy occurs, the community council should contact the local authority to commence the process of filling vacancies. The number of vacancies and the dates of the next two meetings is required to allow nomination forms to be prepared. • In preparation for the 1st meeting of the community council for this purpose, the Notice advertising the meeting should include a section on filling vacancies and the agenda should include an item – Filling of Vacancies. The notice, as for all meetings of the community council to be posted in a minimum of 3 places at least 7 days prior to the meeting. • Nomination forms will be prepared by the Local authority and made available for the 1st meeting of the community council. Nomination forms will be available from the local authority and can be made available locally from suitable public premises e.g. public library or from secretary / chairperson. Freepost return envelopes are provided with all nomination forms. • The local authority will check and validate all forms and inform all candidates and the community council of the position at the closing date for nominations, i.e. if nominations are valid and if the candidates are to be elected unopposed (the same or less nominations than vacancies) or if a ballot election is required (more valid nominations than vacancies) • If less valid nominations than vacancies are received the community council should have an item on the agenda for the 2nd meeting – Filling of Vacancies, where the results of the call for nominations will be announced and candidates elected unopposed, as members of the community council. • If more valid nominations than vacancies are received a ballot election will be arranged and undertaken by local authority. The results of the ballot will be announced as soon as possible thereafter. • The community council will announce the results of the election at the 3rd meeting and confirm newly elected members. Version 2 24 Page 126
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FILLING INTERIM VACANCIES PROCEDURE – FLOW CHART Action by Community Council Action by Local Authority Local authority to prepare nomination forms Community Council to advertise 1st meeting with vacancies included on notice minimum 7 days prior to 1st meeting. Agenda for meeting to include item - Filling Vacancies At 1st meeting, confirm vacancies and process of filling vacancies underway. Make nomination forms available at meeting When Vacancy occurs, contact the local authority (named official) with number of vacancies and the dates of the next 2 meetings of the community council LA receive, check and validate all nomination forms. Respond to candidates confirm validation or action required. Notify CC of result. At 2nd meeting, announce that candidate(s) elected unopposed Uncontested Contested LA arrange and undertake ballot election. Inform CC of result Nomination forms made available from the local authority and other public places within CC area. At 3rd meeting announce election results and confirm new elected member(s). Version 2 25 Page 127
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SECTION 6 CONSULTING WITH YOUR LOCAL AREA You have a responsibility to communicate with all the residents living in your community. You should do this regularly and effectively to be able to claim that you represent their views and needs, and not the personal opinions of Community Councillors. There are two parts to this duty – seeking their views and keeping them informed of your work as their elected representatives. This is a positive duty. Fulfilling it will immensely improve the service you give to the community. Here are some examples: • You may wish to use the ASCC Best Practice guidance on Local Authority support for Community Councils http://www.ascc.org.uk/docs/data/1/Local%20Authority%20Support %20to%20CCs.pdf • Ensure your authority is giving you the support you need to fulfil your duty • Include main contact details in every piece of paper, email, etc that issues from your Community Council. Always invite contact and encourage feedback. Make this a permanent “text box” in your papers. • Whenever possible, restate the ways constituents can contact you. Make this as easy as possible for them. • Create a website, or get a section on the Local Authority website. List contact details for all Community Councillors, including pictures where possible. Show the date, time and venue of meetings, and the agenda. Include the minutes of all previous meetings. • Collate a database of e-mail addresses for constituents. Ask for permission to send them e-mail bulletins seeking their views and reporting your actions. • Display Community Council contact details in all public buildings. Include information on what you do and how you can help. Ask the Local Authority to design and print posters, flyers etc. • Secure space in any local newsletters. Publicise your work, and invite comments. • Where practicable, get space in all publications sent out by the Local Authority such as Local Authority magazines. You might do this collectively among all your Community Councils. Make sure you collaborate what is said about your Community Council in any publication. Version 2 26 Page 128
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• Invite and encourage the local press to attend meetings. Issue press releases on matters of local interest. Seek training on media relations. Consider appointing a press liaison Community Councillor. • Whenever you have a change of office bearers, ask the Local Authority to send out a mailing to all local organisations, public, private and voluntary, indicating the new bearers and reinforcing the status, work and approachability of your Community Council. Do the same after every Community Council election. • Hold surgeries for the community in public venues. These could be community premises, or local supermarkets, libraries and the like. Advertise these well in advance and again closer to the time. Experiment with times, days and venues, and with the format of the surgery. Always have at least two Community Councillors present. • Create and deploy surveys at least once per year. Ask questions about the Communities perceptions of you, of their community and their quality of life. Ask what you can do to improve the community. Find out what their priorities are. Be sure to include questions on the issues that will be important to your constituents in the future even if the details are not fully known. Get the support of the Local Authority to print, distribute and collect the survey papers. The ASCC has a model survey format you can use, if you wish to do so. • Consider shorter, faster surveys on individual issues of significant local importance. The responses will be very important in helping you demonstrate how you speak for the community. • Hold public meetings (in the true sense – all meetings of Community Councils are by law open to the public) whenever there is an issue of sufficient local importance. Monitor the attendance in terms of whether it representatively reflects the community – age, sex, area of residence, overall numbers and so on. • Place suggestion boxes in prominent, busy local venues. Leave pencil and paper for ease of use. Explain these are for citizens to make comments and/or suggestions on how to tackle a local issue or generally better the community. Always respond to comments left when the person gives contact details. Regularly report comments at full Community Council meetings. • If possible, deliver flyers or leaflets door to door. This is also an excellent way for Community Councillors to get to know their constituents, and vice versa. • If there is a local community radio station, consider using it to promote the awareness and work of the Community Council. Version 2 27 Page 129
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• Word of mouth and informal personal contact is a common practice, and has its place. It is the least objective method of discovering the community’s views and should not be relied upon wholly when the Community Council make important decisions. Remember: • Always make it easy for the public to contact you • Always seek comments and opinions from the Community • Always evaluate your effectiveness or otherwise regularly by results • Never let the personal opinions of individual Community Councillors replace the views of your Community. • Always adhere to the principles of the Councillors Code of Conduct. Version 2 28 Page 130
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SECTION 7 CAMPAIGNING ON THE ISSUES Campaigning On the Issues - How a Community Council might decide which issues it will consider, and how to pursue them. You will be presented with a large variety of issues and problems. Some will affect a single member of the community, some the entire community and beyond. Your Community Council must try its best to make a balanced decision on what issues it will tackle and how: • Start by applying the “community benefit” test. Your actions should be directed towards securing the most positive results for the greatest number of local people, so long as the minority does not suffer in the process. When faced with a number of issues, give first and most attention to those that affect the most people and on which you can realistically have a positive effect. • Begin by gathering information. Decisions made without information, by prejudging the issue or by making assumptions are bad for your community and your reputation. Find out the key points and then find out what local people feel about it. • Base your Community Council’s position on the views of or benefit to the majority of citizens. • Be honest and realistic about whether you can do something about the issue. What influence can you have on the issue and those involved? Can you secure professional advice on technical aspects that would help you make your case? Research the person/organisation you want to influence? How can you engage with them to reach the desired outcome for the Community? • Decide what results you want. Be specific. Know why you want each of these results and exactly how they will meet the conditions above about benefit to the community. • Figure out how to reach these objectives, and monitor your activity. Asses how you can tell when you have achieved your objectives. • An issue does not need to have only two opposing sides. Could your Community Council be an independent mediator bringing opposing factions together? • Avoid allowing the Community Council to become the vehicle for any campaign that is not the evident will of the majority of Community. When that is established, maintain that position, and do not let your Version 2 29 Page 131
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Community Council become the venue for constant debate about the issue’s merits. Nor should any single issue overwhelm your meetings. • When you have determined the official position of your Community Council on an issue, you should not alter it unless there is a material change in evidence or circumstances. • A Community Councillor who becomes publicly associated with a particular position in a way that may be seen to prejudice the Community Council on an issue must declare their interest to the Community Council and not take part in any activity associated with it. • You may choose to appoint a special Committee to co-ordinate your action on a particular issue with appropriate delegated authority. Make sure the committee has a clear remit and set clear instructions on what it may do or not do without prior approval of the whole Community Council. Version 2 30 Page 132
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SECTION 8 REPRESENTING YOUR COMMUNITY Communities want to see how their views are being reflected in the decisions made on their behalf by Community Councils. This can be achieved in a number of ways: • Minutes of Community Council meetings – minutes should accurately reflect the business at a meeting and the decision that was reached. This decision should be made on the basis of known community opinion (evidenced where possible) to clearly show to both the local community and other outside bodies, such as the Local Authority, that the community have been listened to and their view(s) accurately reflected. • Community Council meetings – this is the clearest way for Community Councils to share the known views of the community and to demonstrate to those in attendance that they are being listened to. • Public (subject specific) meetings – where these reflect areas of local concern it demonstrates to the community that they are being listened to and consulted their concerns are being acknowledged and action taken where appropriate on their behalf • Attendance at public sector agency meetings – such attendances should be reflected in the minutes to identify where the meetings of the Community Councillors have attended on behalf of their community. Issues/opinions expressed by the Community Councillor should be reported back to the community through the Community Councils minute. • Newsletters/public notices - good means to engage and share information but also to gather local views and identify how local views have shaped the views/work of the Community Council. • Membership – encourage membership from across the geographical Community Council area reflecting the make up of the community it represents • Communication channels – a Community Council should make sure that it has the communication channels in places to pass on local opinion to decision makers. These are usually established by public sector organisations who are required to consult/engage with the community but such channels may not have been set up between local groups where the representation of local opinion is just as important. Examples of communication media include notice boards, local shops, suggestion boxes and on the internet. Version 2 31 Page 133
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Version 2 32 • Consultation – it is important for Community Councils to represent local views through various mechanisms including consultations where possible. • All information produced should be available as widely as possible and easily accessible. It is also important that the Community Council seeks out the most effective ways to engage with the residents. Members of the public can inform the Community Council of points which they would like to be discussed and make their views known. • When establishing views, Community Councillors should canvass local opinion but be careful not to be perceived as orchestrating campaigns unless endorsed by the Community. Community Councils are aware that it is often only a vocal minority who make representations. The Community Council should seek to represent the views of the whole Community. Page 134
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SECTION 9 IMPROVING AND ENCOURAGING YOUTH MEMBERSHIP A Community Council's primary function is to ascertain and express the views of the community they seek to represent and based on these views take appropriate action. It is important that all sections of the community are properly represented and have the opportunity to participate in the local democratic process. This includes young people. Ever since they were established, many Community Councils have struggled to attract and sustain the involvement of young people. Association of Scottish Community Council research shows that the average age of Community Councillors in Scotland is around 58 years old. Lack of youth involvement has been addressed in the new National Model Scheme where minimum age for full members with full voting rights is 16 years of age. Community Councils may also provide associate members for persons below 16, if there is local demand for this. Article 12 in the United Nations Convention for the Rights of the Child states that young people who are capable of forming their views, should have the right to express these views freely http://www.unhchr.ch/html/menu3/b/k2crc.htm. The new Model Scheme provides equal opportunities for young people to be involved in local democratic decisions through their Community Councils. Involving young people in decision-making has been subject to recent research based on many different models of participation: o Save the Children has published a DIY Guide on involving young people http://www.savethechildren.org.uk/en/54_3186.htm o Youth Link commissioned a piece of research entitled "Your Place or Mine" which looks at the involvement of young people in community planning. http://www.youthlink.co.uk/webs/245/documents/YourPlaceOrMinere port.pdf o The Scottish Executives' Advice Note on Involving Children and Young People in community planning relates the involvement of young people to the National Standards for Community Engagement http://www.scotland.gov.uk/Publications/2006/11/09140609/0 o Dialogue Youth is a new dynamic initiative offering young people an opportunity to influence the development and delivery of services in partnership with local authorities and other agencies, in addition to the Scottish youth Parliament which can provide access to resources and support to encourage youth participation in local democracy. http://www.dialogueyouth.org/ Version 2 33 Page 135
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All these research findings and toolkits provide guidance on how to go about increasing youth involvement in the local democratic process. Local authorities should encourage Community Councils to make use of this information and provide guidance training and support in this area as required. Deciding levels of youth involvement Community Councils should consider how they might go about ascertaining and representing the views of young people and whether partnership work with local authority and other agencies could open up young people's access to the local democratic process. Community Councils need to be clear about the level of direct and indirect youth involvement they want in their structure, whether as full members or as co-opted or associated members without voting rights. Youth committees or subgroups or an affiliation with local Youth Forums can also be considered. Direct Involvement Young people aged 16 years and over are entitled to stand for full Community Council membership provided that their names appear on the electoral register or can provide proof of residence/age. Community Councils can stimulate young people's interest by promoting their elections amongst Youth Groups, Youth Forums, Pupil Councils and Student Associations all of which are likely to have young people who may be interested in getting involved in the local democratic process. Local Authorities are responsible for promoting active citizenship as part of the school curriculum and this should be linked to the Community Council election process. Co-options/Associate Membership Consideration should be given to appointing young people as associate members without voting rights, for the specific purpose of representing young people's views. Local Authority Support Recognising that some young people may not have the confidence needed to express their views in the Community Council environment, the Local Authority may be able to provide a degree of personal support, particularly if young people are coming onto the Community Council through Youth Forum or Pupil Council routes. Youth Committees/Sub-Group Community Councils may choose to form youth committees/sub-groups or develop links with youth forums. The remit, membership and terms of Version 2 34 Page 136
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reference for youth committees/or sub-groups would need to be agreed by the Community Council. It is noted that youth work support from the local authority or partner agencies would be needed to make this happen and the legal requirements for child protection would need to be met. Indirect Involvement Community Councils need to consider how they will ascertain and represent the views of young people. This can be achieved through the direct involvement of young people as described above. Community Councils unable to secure the direct involvement of young people should consider other ways of how best to identify young people's needs and issues. The most obvious way of doing this is by working in partnership with Local Authority departments and other agencies that have direct contact with young people. Community Councils should be able to access and/or make use of Community Planning partners youth engagement strategies, which may offer opportunities for direct contact with young people at one level and access to their views and opinions at another level. Youth workers in particular will have the expertise and the resources required to engage children and young people in the identification of local needs and issues, in ways most suited to these target groups. This can include the use of a wider range of innovative methods that will capture young people's attention. Community Councils finding it difficult to secure the direct involvement of young people could also invite Youth Workers to advocate on young people's behalf at Community Council meetings as appropriate. Here are a few examples of how certain Community Councils engaged with the youth in the area. These examples were taken from the responses to the Model Scheme of Establishment of Community Councils and Code of Conduct for Community Councillors consultation • Fortrose and Rosemarkie Community Council arranged a special consultation for a senior Modern Studies class at their local Academy to contribute to a “Plan your Community” exercise on the community needs in the Local Plan. • Royal Burgh of Annan Community Council run a Young Citizen of the Year competition – the winner attends meetings, writes articles in the local paper, switches on Xmas lights, and attends functions. • Queensferry and District Community Council work closely with their local High School to ensure that young people are aware of the community council and have the opportunity to get involved. Two senior pupils join the community council each year to represent the school and raise issues of concern to young people. Through this initiative, the community council hopes to encourage young people to play an active role in their community, with the associated benefits for citizenship and leadership. Version 2 35 Page 137
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SECTION 10 TRAINING AND DEVELOPMENT OF COMMUNITY COUNCILLORS The present situation At the moment there is considerable variation between Local Authorities, for example training arranged by the Local Authority or run by external providers; study trips; supporting and mentoring; providing all members with relevant documentation and guidance booklets; training on specific topics such as licensing and planning. The aim of training and development To enable Community Councillors to develop their individual skills, build their capacity to engage with the public agencies and acquire new skills thus allowing each member to participate as fully as possible in the work of the community council to benefit their communities. Basic training needs • Roles and responsibilities • Policy and procedure • Licensing, planning and other relevant topics Specific training needs • Chairing meetings • Keeping financial records • Writing minutes Delivery • Appropriate to the needs of the individual • Responsive to the needs of Community Councils/Councillors Possible delivery of training • Community Council liaison staff • Individual Local Authority departments such as Planning • Outside agencies such as local Council for Voluntary Services (CVS) • Community Councils themselves for example through peer support • Association of Scottish Community Councils (ASCC) • Planning Aid Scotland (planning applications) Version 2 36 Page 138
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SECTION 11 AREA FORUM MEMBERSHIP Background Community councils in several Local Authority areas across Scotland have formed themselves into Forums or Associations. These bodies fill the gap between the national grouping – The Association of Scottish Community Councils – and the grassroots level of individual community councils. Forums tend to receive support from the Local Authority, either through grant funding, or more typically through in-kind support in the form of staff time, venue provision, and administrative resourcing. Why have a Community Council Forum? A Community Council Forum can be a support group for all community councils within a Local Authority area - particularly those who are newly established - providing an informal source of knowledge and experience. It can also enable its constituent members to exchange information, and to identify common issues. Forums can provide a channel for Community Councils to act together. What does a Community Council Forum do? The typical aims of a community council Forum are: • to promote the role, effectiveness and status of Community Councils; • to facilitate the flow of information between Community Councils within an area; • to be a voice for community councils within a Local Authority area • to provide a forum for discussion of matters of common interest to Community Councils • consult with representatives of community councils in other areas on matters of mutual interest. • to provide representatives to regional and national events concerning community councils • to work with the Local Authority and other public agencies. Version 2 37 Page 139
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SECTION 12 PLANNING This section provides advice for community councils on their enhanced role in the new planning system. Development Management This section includes advice on development management as it affects community councils. It mainly focuses on the introduction of a whole new system of pre-application consultation with communities and making comments on planning applications within the community council area. It also covers other changes to the planning system introduced by the Planning etc. (Scotland) Act 2006 which impact on community councils. Further information on the planning process can be found in circulars prepared by the Scottish Government which can be found at http://www.scotland.gov.uk/Topics/Built- Environment/planning/publications/circulars Pre-application requirements There are two main changes to planning legislation before a formal application is submitted to the council. They relate to pre-application consultation with communities and design / design and access statements Pre-application consultation (PAC) This new law puts in place a requirement for prospective applicants to consult communities on applications for planning permission (including planning permission in principle) for national or major developments. The objective of pre-application consultation is for communities to be better informed about major and national development proposals and to have an opportunity to contribute their views before a formal planning application is submitted to the planning authority. Its aim is to improve the quality of planning applications, mitigate negative impacts where possible, address misunderstandings, and air and deal with any community issues that can be tackled. The proposals, if adjusted, should benefit from that engagement and assist the efficient consideration of applications once submitted. Where such consultation is required, the prospective applicant must provide to the planning authority a ‘proposal of application notice’ at least 12 weeks before submitting an application for planning permission. A copy of this notice must be sent to relevant community councils. That notice must include certain basic information about the proposal and also what the applicant is intended to do to consult with the community. The council has 21 days to respond if it considers that it wants to see additional notification and consultation beyond the minimum set out in law. The minimum set down is to consult relevant community councils and hold at Version 2 38 Page 140
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least one public event which is advertised in the local press. The advert will give people information about the consultation and must give at least 7 days notice of the event. The advert should also include an opportunity to make comments in writing to the prospective applicant. The prospective applicant is under no obligation to take onboard community views, or directly reflect them in any subsequent application. It is important for communities and to follow their interest in a proposal through to the planning application stage, which provides the statutory opportunity for community councils to make representations on proposals before the planning authority. When the developer brings forward the application, then they must prepare a report as to what has been done during the pre-application phase to comply with the statutory requirements for PAC and any requirements set out in the planning authority's response to the proposal of application notice. The purpose of the PAC report is to demonstrate what the prospective applicant has done to comply with statutory minimum requirements on PAC and any further requirements set by the authority in their response to the proposal of application notice. Consultation on design / design and access statements While there is no legal requirement to consult on the contents of a design or design and access statement, where any consultation has taken place, the developer must record it in the statement and set out what account has been taken of it. Advice on how to make comments on a planning application Anyone (individuals, groups or organisations) can make comments or objections on any planning application: you might want to support an application or you might want to object to it. These comments for or against a proposal are referred as “representations”. The purpose of the following sections are to give advice on ƒ consultation arrangements ƒ the procedure for making representations; ƒ the deadline the law sets for making representations; ƒ what “material considerations” will influence the Council’s consideration of the application; ƒ how your representations are handled by the Council; ƒ how to get help in making representations ƒ how you will be informed of the decision. Version 2 39 Page 141
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Consulting the community council Guidance from the Scottish Government has recognised that community councils are as individual as the areas they cover, so their approach to consultations and their capacity for response will vary a good deal. Each planning authority liaison procedures should acknowledge local variations and be tailored to the characteristics of the community councils and local areas involved. Careful soundings and discussion in advance should help authorities to devise effective consultative arrangements. You may therefore already have consultation arrangements in place with your council. In light of changes to the planning system, there may be an opportunity to re-visit these arrangements to ensure that they reflect the enhanced role that community councils will play in the new planning system. The law sets out that community councils are statutory consultees in two scenarios: • where the community council, within 7 days of receiving the weekly list containing information about an application, informs the planning authority that it wishes to be consulted; and • where the development is likely to affect the amenity of the community council’s area. Councils must give community councils at least 14 days to consider the application before they determine the application. Procedure Your council will not consider verbal comments on applications, so if you want to make representations on an application, it should be in writing. The usual ways of making representations are by letter, petition or email. Letters Representations should be signed, dated and have an address for an acknowledgement to be sent to. They should clearly state the grounds on which the representation is made. Pre-printed or standard copied letters of representation will be accepted for consideration, if they are individually addressed, signed and dated. These details are required so that the Council can send you, or the persons making representations, individual letters of acknowledgement that it has received the representation. You should note that any comments you make will not be kept confidential: anyone will be able to see your letter of representation. Anonymous letters of representation will not be considered. Letters may not be accepted if they are anonymous or do not clearly have the name and address of the correspondent. Version 2 40 Page 142
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Petitions Petitions for or against a proposal may be submitted. These should be accepted and considered if ƒ Each page of the petition is headed with the objective of the petition; ƒ Signatories provide their name and addresses in a legible fashion; and ƒ The name and address of the petition organiser is included, so that the Planning Authority, i.e. the Council, can send a letter of acknowledgement that it has received the petition. Email The Council will usually accept email representations on proposals. As with other objections, the grounds of representation must be included. You should also give your name and address. This is required so that the Council can see any physical relationship between your property and the application site. E-mail representation will generally be acknowledged via email only. As with other representations, these will not be kept confidential. Note Letters, petitions or emails containing any material deemed to be racist or offensive will not be considered. The writer should be advised of the concerns and asked to amend their letter or it will be disregarded. The material may be passed to the police to determine whether any further action should be taken. Deadlines for Making Representations Under planning legislation, there are certain timescales within which a planning authority cannot make a decision on a planning application. These are either 14 or 21 days from the date of notification to neighbours or the advertisement in a local paper, depending on the particular circumstances of the proposal. As councils are under considerable pressure to deal with applications within the statutory period - usually two months, though it can be four months - it is very important that you should make any representations as soon as possible. Representations which contain material considerations may be accepted any time before an application is decided on. Representations received after an application has been decided will not be taken into account by a Council. Version 2 41 Page 143
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What “Material Conditions” may influence the Local Authority’s consideration of the application? Decisions on planning applications must be made in accordance with the development plan unless material considerations would indicate otherwise. What is, or isn’t a material consideration and the weight it should be given is a matter for each application. If you want to object, your objection is not considered material if it isn’t made for legitimate planning reasons. The Council may agree that applications where non-material objections have been submitted should not be required to be reported to Committee for decision. Here are some examples of potential material and non-material planning objections: Material Planning Grounds ƒ Contrary to the Development Plan ƒ Appearance (design, materials, scale etc) ƒ Traffic, parking and access problems ƒ Residential amenity (noise, overshadowing, overlooking, developing too much garden space) ƒ Effect on Listed Buildings and Conservation Areas Non-Material Planning Grounds ƒ Loss of a private view over someone else’s property ƒ Loss of the value of your property ƒ Breaches of feu* restrictions or other such burdens on the title of the property ƒ Possible fire hazard ƒ Competition amongst shopkeepers ƒ Matters covered by other legislation e.g. Building Standards (structural stability etc) where there’s no overlap in legislation Non-material objections shouldn’t influence the Council’s decision on the application, so it’s important that you only consider bringing forward representations that are focussed on planning issues in this way they may be considered as a material consideration. It is for the planning authority to decide what relative weight is to be given to competing material considerations and in turn how these may influence a decision which should otherwise be made in line with the development plan for the area. Version 2 42 Page 144
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A further explanation of material considerations and a list of what matterS may be considered as material is set out in Annex A to Circular 4/2009; Development Management Procedures HTTP://WWW.SCOTLAND.GOV.UK/TOPICS/BUILT- ENVIRONMENT/PLANNING/PUBLICATIONS/CIRCULARS. How Your Representations Are Handled If you make representations to the Council in accordance with the above guidance, you should receive an acknowledgement (unless the application has already been decided). The Council will take your comments into account if they are material considerations. Your representation may be copied to the local Councillors whose Ward includes the application site. It will also be summarised in the report of handling by the planning officer dealing with the application and the original text of your representation may be available at Committee so that the members of the Committee can examine it, if they wish to. The new report of handling will be available on the planning register once the application has been determined. Once the Council has decided the application, you will be notified of their decision in writing and where a copy of the decision notice can be inspected. Councils receive a great number of applications every year and planning officers will not necessarily enter into correspondence with objectors about a proposal prior to its assessment, nor necessarily the way a decision was reached after an application has been determined. The way an application has been assessed is documented in any Committee report prepared. This is, of course, available for public inspection, principally by viewing the published minutes of the Committee meeting. These are usually available on the Local Authority’s website. There are now requirements for reports of handling to go on planning registers - which might also be committee reports. How to Get Help in Making Representations There are various ways you can get help in understanding the planning process and making your views known about an application. For general advice on the planning process, you should contact your council. If you want further details on a particular application, a copy of the plans will be available on the Planning Register for inspection at the Local Council’s Planning Department or possibly on their web site. Please note that planners will be happy to clarify details of a proposal with you, but will not provide you with grounds of objection. Version 2 43 Page 145
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For free advice on planning matters, you might also wish to consider contacting Planning Aid for Scotland (0131 220 9730). This organisation is staffed by planners, but is independent of your council. Planning Aid has a website, at www.planningaidscotland.org.uk. Below is an example list of common objections which may be regarded as competent by Councils depending on the circumstances of the case. Competent Objections to New Commercial Properties • It is a valid objection that there are too many in a particular area. For example, restaurants: too many already (list them) • Ventilation shafts and flues are noisy and distribute smells over a wide area. • Anti-social aspects: commercial rubbish collection and deliveries from 5.30am to 7.30am, noise of bottles, customers on street when close at up to 3.30am, licensed premises (any objections to those) • Additional traffic introduced into residential area. • Deliveries in congested areas, or residential streets. Any other reasons you may have can always be listed but some may not be considered if they are not material planning concerns. Other complaints about tenant behaviour, property management, etc may be conveyed to relevant Local Authority Department and ask for any telephone complaint to be recorded. The Planning (Scotland) Act 2006 The planning system is changing in 2009. New legislation and procedures came into force in April and August 2009, implementing most of the Planning etc (Scotland) Act 2006. Below, there are brief summaries of the main changes. Local, major and national developments - the Hierarchy of Developments Regulations Applications are divided into different categories to ensure that they are dealt with in a way appropriate to their scale and complexity and allowing decisions to be taken at the most appropriate level. There are 3 categories in the hierarchy of development to which all developments are allocated: ƒ national development; ƒ major development; and ƒ local development. National developments are described in the National Planning Framework (NPF2) which was published in June 2009. Major developments are set out in the Hierarchy Regulations. All other development is considered as being local development. Applications for major development will generally be Version 2 44 Page 146
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determined by the Planning Committee and include (though this is not a comprehensive list): ƒ Development classed within Schedule 1 in the Environmental Impact Assessment Regulations; ƒ Housing development of 50 or more units, or on sites of more than 2 hectares; ƒ Business, Industrial or storage and distribution uses where the gross floor area is greater than 10,000m2, or the site more than 2 hectares; ƒ Other Development, including combinations of the above classes, with gross floor area over 5000m2, or on a site of 2 hectares or more. As set out above, applications for planning permission for ‘national’ and 'major' development must be accompanied by a Design and Access statement. This describes the design principles and concept and considers issues of access for the disabled. Applications for planning permission (including planning permission in principle) for national and major development must be subject to pre-application consultation with communities. Dealing with planning applications - the Development Management Procedure Regulations Of particular relevance to community councils are the sections relating to Pre-application consultation and these are discussed above but in addition, the following may also be of interest: ƒ Making planning applications: Applicants can use local forms until a standard national form available, or applicants may use a Scottish Government electronic form; ƒ Encouragement is given to applicants to look beyond the minimum information requirements and discuss information requirements beforehand with the planning authority; ƒ Planning permission in principle (PPP) replaces outline planning permission. PPP requires no plans other than a location plan (it is for the developer in this first instance how much detail they wish to provide); does not require design and access statement, but does require PAC if it is a major or national development; ƒ Reserved Matters applications have been replaced by the requirement for applications to agree conditions on PPP; ƒ Design / Design and Access statements: required for applications for planning permission for major and national development with design statements required for applications for local development for new buildings in sensitive areas (e.g. Conservation Areas). There are some exceptions to the general requirement, including for householder developments and changes of use. Statements should describe design concept and access measures for disabled. Planning Advice Note (PAN) 68 gives further advice on preparing such statements. This can viewed at the following weblink - http://www.scotland.gov.uk/Publications/2003/08/18013/25389 Version 2 45 Page 147
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ƒ Neighbour notification to be carried out by the planning authority: 21 days are given for representations, rather than the existing 14 days. Where pre-application consultation has taken place objectors must still make representations in relation to the application; ƒ List of extant applications is a running list of applications and is required to be published, including online. A list is also to be published of 'proposal of application notices' submitted as the initial stage of pre- application consultation. These are in addition to weekly lists sent to Community Councils. The application register must include a map based index. ƒ Reports of handling are required to be issued with decision notices. These provide information on processing of the application, including how representations and the main issues have been dealt with; ƒ Time periods for determination: 4 months for major and national; 2 months for the remainder. These don't apply where the planning authority and applicant have agreed to extend the time period. ƒ An opportunity for a Pre-determination hearing is required for major developments that are significantly contrary to the development plan and national developments. These must be held in front of a Council committee and applicants and objectors/representors may speak. A final decision is made on the application by the full council. ƒ Site Notices: must be displayed for the duration of development, for national, major and certain specified development which is likely to have wider impacts on amenity. The Regulations provide a standard pro forma for this. ƒ Duration of permission: This has been reduced to 3 years for full planning permission. For Planning Permission in Principle the period is 2 years from the grant of the last matter requiring further approval as specified in conditions. Further applications for such further approval must generally be within 3 years of PPP. Planning authorities can direct different durations for planning permission or planning permission in principle. Schemes of Delegation and Local Review Procedure Regulations Local authorities are required to prepare a new scheme of delegation for applications within the class of local developments. The local authority must not include in this new scheme applications in which the local authority has an interest or which is made by a member of the planning authority, but otherwise within the category of local developments can tailor their scheme to suit their own area and circumstances. Authorities will continue to have powers to take other types of delegated decisions under the Local Government Act. And complex or controversial applications will still be dealt with at committee. These new schemes of delegation link to a new part of the system on Local Reviews. Version 2 46 Page 148
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In cases where an officer has taken a decision on a local development under the terms of the new scheme of delegation, should the developer want to challenge it, they will have the right to request a review through the Local Review Body. This is a marked change as currently all appeals, including on the most minor matters are made to Scottish Ministers. This change endorses the principle that decisions on local matters should be taken locally as appropriate. The review body will focus on local developments. The local review body will consist of a small group of members supported by officials. The review body will be able to change or endorse a decision taken by an officer of the Council. The process is front-loaded so that the relevant information is available for people to see and consider at the outset rather than late in the process. The 2006 Act restricts the extent to which new information can be introduced as part of a review unless it is new; there are exceptional circumstances why it could not have been provided when the application was considered; or raises material considerations. The local review body review the material that was before the authority’s officials during the planning process along with other representations and information supplied in the course of the review process in a straightforward way. Appeals As with local reviews, the time period for lodging an appeal has been reduced to 3 months from 6. This should reduce the period of uncertainty amongst communities and authorities as to whether the applicant intends to challenge the Council’s decision. The appeal process is also intended to become less adversarial with the person appointed by the Scottish Ministers being able to decide the most effective means of examining each case; i.e. whether it needs further procedure beyond the initial exchange of views, to inform the decision, such as written submissions, hearings or a more formal inquiry session, or a combination of any of those methods for gathering information. The reporter will be able to determine what matters they need further information and the most effective way to get that information. Regulations require that the appellant should set out all the matters they intend to raise and supply supporting documentation when making the appeal. Taken together with the provisions in the 2006 Act that restrict variation to the proposals at the appeal stage, this supports the Government’s intention that the planning process should be front-loaded. New material will not be allowed to be introduced during the appeal, unless the party can Version 2 47 Page 149
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demonstrate it could not have been introduced earlier in the process, or it arises as a consequence of exceptional circumstances. Further information on these matters are available in Circulars 4/2009: Development Management Procedures: 5/2009: Hierarchy of Developments; 6/2009: Planning Appeals and 7/2009: Schemes of Delegation and Local Reviews. Further Reading A full range of Planning publications are available via the Scottish Government website, at this weblink: http://www.scotland.gov.uk/Topics/Built-environment/planning/publications/ The Planning Aid Scotland website also contains a range of useful publications, including the SP=EED guidelines (Scottish Planning=Effective Engagement and Delivery). This is aimed at better community engagement on Planning issues. The document is available in PDF format at this weblink: http://planningaidscotland.org.uk/assets/File/SPEED.pdf Version 2 48 Page 150
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SECTION 13 CORE FUNDING FROM LOCAL AUTHORITIES Resourcing Community Councils is an issue where Local Authorities undertake arrangements to suit local circumstances. Some local authorities provide CCs in their area with part-time clerks, office space and significant administration budgets. That is a practical model to follow where responsibility and decision making is devolved to Community Councils. Grants - Acceptable Areas of Expenditure When a community council is established it is awarded a start-up grant to cover initial administrative expenditure. In addition to this a community council once established will receive an annual administrative grant. Further to this when the community council has been established the administration grant is paid annually, on submission of audited annual accounts covering all income and expenditure of the community council for the previous financial year, minutes and current bank statements. The purpose of the administrative grant is to cover the costs in administering community council business. Examples of such costs are detailed below: • Insurance • Auditors' fees • Production and circulation of minutes, agenda and annual reports • Stationery • Photocopying • Postage • Travel costs • Telephone costs • Accommodation lets • Affiliation fees • Subscriptions • Bank charges • Advertising • General Publicity and promotional activities. • Consultation with the community. Community councils may generate income from sources other than the Local Authority. This income may also be applied towards expenditure not contemplated by the grants awarded by the Local Authority. The accounts of the community council will however disclose all income from whatever source it is obtained and will show all expenditure even where it is not simply the expenditure of the Local Authority grants. Where an application is made to the Local Authority for grant assistance the whole financial circumstances of the Version 2 49 Page 151
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community council will be considered to establish free and committed funds before the application for grant assistance is dealt with by the Local Authority. Accounting Procedures – Cash • Each community council should have a cash book and all income and expenditure should be recorded in it. The date, description, amount and receipt number should also be recorded. • The community council should nominate three unrelated office bearers to act as signatories to the community council bank accounts. All cheques and withdrawals should require two from three signatures. Any changes to authorised signatories should be approved by the community council. • The level of cash held should not be excessive and should be in proportion to the monthly expenditure • Banking should be made intact. All income received should be banked and should not be used to meet expenditure. If funds are required for incurred expenditure they should either be paid by cheque or alternatively cash should be withdrawn from the bank. • Once a banking has been made the stamped bank pay-in slip should be retained and checked against the bank statement or bank book to ensure that the income has been credited correctly. Accounting Procedures – Expenditure • All expenditure must be approved in advance by the community council. • All expenditure must be accompanied by proof of purchase, either an expenditure voucher or receipted invoice. • Receipts should be given a sequential number and filed accordingly. • Details of the expenditure should be recorded in the cash book as soon as the expenditure is incurred. Where a receipt is not available, the person making the purchase should complete a form stating the nature of the expenditure. The form should be authorised by a member of the community council committee. • A current account will normally be used for day to day transactions with a further deposit and/or saving account, as required, so that interest may be attracted on accumulated funds. • The treasurer should await the bank statements and once received should carry out a bank reconciliation to ensure that the bank balance Version 2 50 Page 152
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Version 2 51 agrees with the balance recorded in the cash book. All bank statements should be retained. • Where petty cash is issued all petty cash vouchers should be signed by the person requesting the money and countersigned by the treasurer or other authorised signatory - this must not be the person who is requesting the expenditure. All receipts for items of expenditure should be retained and attached to the appropriate petty cash voucher. • Reimbursement of travel expenses should only be available to persons on official community council business. Claimants should submit a detailed record of dates, times, destination, reason for travel and mode of transport. Reimbursement of travel expenses (for example bus, taxi, train, parking fees etc) should only be awarded if accompanied by an appropriate receipt. • If the community council requires telephone calls to be made, reimbursement of expenses can be made at the discretion of the community council. The person making the claim should submit the itemised telephone statement highlighting the calls claimed. Reimbursement will be authorised by the community council. Accounting Procedures - Annual Accounts The following paragraphs merely reinforce income and expenditure matters dealt with earlier in this guideline. • An annual income and expenditure statement of all accounts including all income and expenditure must be prepared at the end of the community councils' financial year and must be examined by a person unconnected with the fund. • The audited accounts must be presented to the community council and in course a copy passed to the Local Authority officer. • An example of an annual income and expenditure statement is detailed in the attached appendix. All of the information within the account is fictitious and used only as a guide on how to prepare accounts. Accounting Procedures – Inventory The community council must maintain an inventory detailing all the assets of the community council. The inventory should be updated on an ongoing basis for additions and deletions an example of an inventory is over the page. Page 153
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COMMUNITY COUNCIL STATEMENT OF ACCOUNTS Income Expense Account for period of ___to__ £'s £'s Balance brought forward Income Admin Grant 0.00 Discretionary Grant 0.00 Bank Interest 0.00 0.00 Expenditure Insurance 0.00 Accommodation Costs 0.00 Auditors Fees 0.00 Subscriptions 0.00 Travel Expenses 0.00 Publication of Minutes & Agendas 0.00 Publication of Newsletters 0.00 Stationery 0.00 Photocopying 0.00 Postage Costs 0.00 Telephone Costs 0.00 Other Expenses 0.00 Other Expenditure 0.00 0.00 Balance Surplus 0.00 Represented by: Cash In Bank Cash In Hand (Treasurer's Float) 0.00 As Prepared by Examiner‘s Details Name Designation Organisation Address Telephone The above statement has been compiled from the available books and records and Version 2 52 Page 154
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Version 2 53 explanations. Signed (Examiner) Date Chairperson's Signature Date Treasurer's Signature Date Page 155
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SECTION 14 NON-FINANCIAL SUPPORT FROM LOCAL AUTHORITIES Resourcing in Kind The amount of financial grant required by a CC will, to some extent, depend on what potential costs are met by the local authority directly. All of the following support resources are supplied free to CCs by some local authorities. Where practicable Local Authorities are encouraged to provide adequate support to their Community Councils, inform of examples below: • Meeting space (in authority buildings, or if elsewhere paid by LA directly). • Accommodation for Community Councillors to hold surgeries. • Photocopying. • Typing of Minutes. • Distribution of Minutes and other meeting papers. • Dedicated space on LA website. • Public Liability, Defamation and Personal Injury Insurance cover (ASCC). • Corporately pay the Data Protection Notification Fee for all CCs • Assist CCs with the process of notification to the Information Commissioner’s Office. • Access to Council reprographics and other office facilities (hot desking). • Laptop Computer for each CC • At-home internet access for a designated officer of each CC. • IT access for CCllrs with no home availability (At libraries/community facilities). • Access to public notice boards, and other LA information systems. • Dedicated space in local authority publications, and community TV and radio. • Access to ring-fenced grant fund, for local projects. Version 2 54 Page 156
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Version 2 55 SECTION 15 CONSULTATION AND DECISION MAKING PROCESSES Establishing a mechanism for feedback Civic engagement is central to modern democracy and as part of the civic engagement process. The Scottish Government, and other public bodies, should ensure that individual Community Councils are consulted directly at the earliest possible stage in the development of policy and the decision making process on local issues. Any consultation document should include:- • an executive summary; • a clearly defined purpose leading to the consultation process; • clear objectives required from consultation process; • any document should be comprehensible, concise, jargon free and widely accessible; • specific questions in relation to the consultation exercise; • minimum response period of 12 weeks – longer if over a holiday period; • proposed timescale for outcomes; and • feedback options including a choice of preferred format. Irrespective of whether formal or informal, once the consultation process has been completed, and the responses analysed, then a summary of the responses, including any resulting proposals for change or actions, should be made available in a variety of formats, such as: • the organisation’s website; • in paper format as requested; • through face to face sessions; At the onset of any consultation process, each organisation should ensure that the lead officer or staff member, responsible for the consultation exercise is also responsible for co-ordinating the dissemination of feedback information which should be made available in a range of appropriate formats. The feedback should provide an analysis of the responses received and an explanation on proposals for change in light of the consultation process. The outcome of consultation exercises should be made available by the consulting body. There should be a resistance to publishing feedback as glossy brochures or the indiscriminate circulation of information in paper format. The analysed responses and proposals, which result from the consultation process, should be freely available. Page 157
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SECTION 16 DATA PROTECTION Introduction The Data Protection Act 1998 governs the use of personal data. It imposes important obligations on any persons or organisations, including Community Councils, which acquire, store, use or deal with personal data either electronically or within certain paper records. Whilst failure to comply with the Act’s requirements can have serious legal consequences, Community Councillors should be reassured that most breaches are likely to simply require remedial action to be undertaken and would not be deemed to be criminal offences. Personal Data and Sensitive Personal Data • Special rules govern the processing of sensitive personal information. • “Personal data” means any information by which it is possible to identify a living individual (referred to in the Act as a “data subject”). Information on individuals who have died, or on companies or other corporate bodies, is not personal data • “Sensitive personal data” means information regarding such things as an individual’s racial or ethnic origin, political or religious beliefs, physical or mental health, sexual life and commission of a criminal offence. Special rules apply to sensitive personal data and Community Councils should seek advice if they hold any sensitive personal data (other than that which is in the public domain such as the political affiliation of local elected members or the denominations of clergy). • The Act regulates the processing of personal data. “Processing” means acquiring data, storing it, amending or augmenting it, disclosing it to third parties, deleting it – i.e. doing anything with it at all. An individual or organisation which processes personal data is known as the “data controller”. • The Act applies to personal data which is held in any kind of storage system, whether electronic or manual. The Data Protection Principles The Act sets out some basic rules regarding processing personal data, known as the Data Protection Principles. These include – • Data must be processed fairly and lawfully; Version 2 56 Page 158
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• Data must be obtained for one or more specified and lawful purposes, and must not be processed in any manner incompatible with those purposes; • Data must be adequate, relevant and not excessive; • Data must be accurate and kept up to date; • Data must not be kept longer than necessary; • Data must be processed in accordance with the data subject’s rights; • Appropriate technical and organisational measures must be taken against the data’s unauthorised or unlawful use and their accidental loss, damage or destruction. Data Subjects’ Rights The Act gives important rights to data subjects, including the right – • To be informed that their personal data is being processed by the data controller; • To be given access to their personal data; • To require their personal data not to be used for direct marketing purposes; • To require the data controller to stop any processing of their personal data which is causing substantial and unwarranted damage or distress. Contravention of the Act • A breach of the Data Protection Principles is not a criminal offence in itself although this may change in the near future. Current offences include the unlawful obtaining, disclosing or selling of information, a failure to follow a Notice from the Commissioner and the failure to notify the Commissioner of processing which takes place. These offences are punishable by the payment of a fine. • Compensation may be payable to any person who suffers damage and distress as a result of a contravention of the Act. Such compensation is awarded by the Court. The Information Commissioner The Data Protection Act is regulated and enforced by the Information Commissioner, Wycliffe House, Water Lane, Wilmslow, Cheshire SK9 5AF and applies throughout the UK. The Commissioner has powers under the Act to issue Notices to data controllers, requiring them to provide him with information regarding their compliance with the Act, or to carry out certain steps under the Act; as indicated above, failure to comply with a Notice is a criminal offence. He also has power to carry out investigations, including the power to enter data controllers’ premises. The Commissioner publishes detailed guidance on various aspects of the Act on his website at www.ico.gov.uk. Advice can also be obtained from the ICO’s Version 2 57 Page 159
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Scottish office in Edinburgh at Scotland@ico.gsi.gov.uk or 0131 225 6341 (The Information Commissioner should not be confused with the Scottish Information Commissioner, who enforces the Freedom of Information (Scotland) Act 2002.) Notification to the Information Commissioner All data controllers are obliged by the Act to notify the Information Commissioner of the classes of personal data which they are processing, the purposes for which they are processed and the recipients to which the data may be disclosed. Community Councils only need to notify if personal data are processed electronically. This information is included in the Commissioner’s Register of Notifications, which is open to public inspection. Unless within an exempt category, it is a criminal offence to process personal data without first notifying the Commissioner. It is likely that only a few Community Councils will be covered by an exemption. Complying with the Data Protection Act Community councils must comply with the Data Protection Act because they process personal data as defined under the Act. For example, it is likely that the Secretary of Community Councils will hold electronic records of contact details of its members, of some local residents and of elected members or employees of the local authority. These may be within databases, Minutes of meetings or in correspondence In order to comply with the Act, Community Councils should take the following steps: • Nominate someone (e.g. the Secretary) as the person responsible for data protection. • If collecting personal data from individuals, you should explain the purpose for which the data is being collected as well as giving them the name of the Community Council and the name of the person nominated as being responsible for data protection. • Ensure that personal data are properly protected – if data are stored electronically, ensure that they are password-protected and (in sensitive cases) encrypted. If they are stored manually (e.g. a paper filing system), ensure that the files are kept in a secure place. • Ensure that personal data are never disclosed to any unauthorised third party, whether accidentally or on purpose. Do not discuss personal issues in public or leave papers or computer files unsecured at home. • Periodically review the personal data that are held, making sure that they remain accurate and up to date – where necessary dispose of or shred data that are no longer needed. Version 2 58 Page 160
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Version 2 59 • VERY IMPORTANT: notify the Information Commissioner of the personal data which are being processing, the purposes for which they are processed and the recipients to which the data may be disclosed. It is a criminal offence to process personal data without having first notified the Commissioner. • Before notifying, identify what personal data are held and who the data subjects are; ascertain the purposes for which the data are to be used; identify where and how the data are stored or recorded. This will assist in completing the notification template. • Notification can be done on-line at the Commissioner’s website, by going to www.ico.gov.uk/what_we_cover/data_protection/notification.aspx and then by following the step-by-step directions given there. The website includes standard templates for different types of organisations, including a set of local and central government templates; this includes, in turn, standard template N958 – Scottish Community Council. By clicking on that template, the standard classes and uses of personal data for Community Council are automatically included in the notification. Check the details and modify the form before printing it off, signing and posting to the Commissioner. • Alternatively, a Community Council may send the required information, as shown below, to - notification@ico.gov.uk, and ask for a template for a Scottish Community Council to be completed. The Information Commissioner’s Notification Department will then provide a draft for the Community Council to approve/amend as necessary. • Community Councils can also phone the Information Commissioner’s Notification Helpline on 01625 545 740 and ask for a draft template for a Scottish Community Council to be completed. The required information (as shown below) should be given over the phone. The information needed is as follows: • Community Council name • Community Council address • Contact name and role in the Community Council (i.e. Chair/Secretary/Treasurer) • Contact address • Contact telephone number • Contact fax (if available) • Contact e-mail address Notification currently costs £35 and must be renewed annually. Page 161
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SECTION 17 LICENCE APPLICATIONS LIQUOR LICENSING - CONSULTATION WITH COMMUNITY COUNCILS New System The Licensing (Scotland) Act 2005, will fully replace the 1976 Act with effect from September 2009. Transitional arrangements are in place covering up to that date. The 2005 Act contains new provisions about notification of applications by the Board and objections. Link to the 2005 Act http://www.opsi.gov.uk/legislation/scotland/acts2005/asp_20050016_en_1 The 2005 Act ensures that: • Licensing Boards are required to notify the Community Council of any new premises licence application or application to substantially vary how a premises operates; • Community Councils are able to object or offer representations to an application and request Licensing Boards hold a hearing to review a licence if it is operating outwith the premises licensing conditions or the licensing objectives; • Local Authorities employ a Licensing Standards Officer whose duties include mediating with licensed premises to try and solve problems including those raised by Community Councils; and • Licensing Boards are required to involve people resident in the locality in consultation on a Board’s Licensing Policy Statement or overprovision assessment, which could include reference to how it intends to involve Community Councils in Licensing Board matters. . Version 2 60 Page 162
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Version 2 61 SECTION 18 EQUALITY DIVERSITY AND COMMUNITY COUNCILS Introduction The purpose of this section is to: • make clear why Community Councils need to be aware of the general responsibilities relating to the Race, Disability and Gender Equality Duties; and • how they can play a significant part in promoting and supporting equality in the community. Background The Race Relations (Amendment) Act 2000 http://www.opsi.gov.uk/acts/acts2000/ukpga_20000034_en_1 and the Local Government (Scotland) Act 2003 Local Government (Scotland) Act 2003 http://www.opsi.gov.uk/acts/acts2000/ukpga_20000034_en_1 as well as various European Parliament laws gave further duties and responsibilities to Community Councils. The main purpose of a Community Council is to find out the views of their community and clearly express then to the Local Authority and other public organisations such as the NHS. Some also find themselves involved in fundraising, organising community projects and other such activities. Given the above, Community Councils therefore have both a duty and responsibility to ensure that they represent all within their community irrespective of race, disability, gender, age, sexual orientation, religion and/or belief. Community Councils must act in accordance with the Equality Scheme(s) of the relevant Local Authority. This section deals with the general responsibility relating to the race, disability and gender duties which are already in force. Race Responsibilities In carrying out their functions Community Councils should: • eliminate unlawful racial discrimination; • promote equality of opportunity; and • promote good relations between people of different racial groups. Page 163
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Disability Responsibilities In carrying out their functions Community Councils should: • promote equality of opportunity between disabled people and others; • eliminate unlawful discrimination; • eliminate harassment of disabled people that is related to their disabilities; • promote positive attitudes towards disabled people; • encourage participation by disabled people in public life; and • take steps to take account of disabled people’s disabilities, even where that involves treating disabled people more favourably than others. Gender Responsibilities In carrying out their functions Community Councils should: • eliminate unlawful discrimination; • eliminate harassment; and • promote equality of opportunity between men and women. How Community Councils can help promote equalities in their areas? • find out about the makeup of the area – how many people of different races, with disabilities or of different genders live in the area. • make sure that any advertising is accessible to all, and that meetings take place in accessible buildings at times that suit everyone. • try to engage ‘hard-to reach’ groups – help to do this is available from your community council liaison officer or your local council for voluntary service. • run local events in partnership with local ethnic groups, disability and other community groups. • always consult about how any plans would affect all members of the community, • act in an inclusive manner when inviting speakers from ethnic, disability and community groups to discuss difficulties they are experiencing in the community with the community council. • make it clear that the community council will not support any discrimination, harassment or victimisation. Version 2 62 Page 164
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SECTION 19 THE ROLE AND REMIT OF THE SCOTTISH, UK AND EUROPEAN PARLIAMENTS Background The Model Scheme for the Establishment of Community Councils specifies that Members of the Scottish, UK, and European Parliaments are ex-officio* members of community councils within their constituency or region. Below is an outline of the roles and powers of the various Parliaments. * Member generally taken to be a person, who, by virtue of an office or position held, is officially attached to a committee as a non voting member The Role of the Scottish Parliament Scotland, Wales and Northern Ireland all held successful referendums on devolution in the late 1990s. In Scotland’s case, this led to the establishment of a separate Parliament following the passing of the Scotland Act 1998, which can be viewed at this weblink http://www.opsi.gov.uk/acts/acts1998/19980046.htm. The Scottish Parliament took responsibility for its devolved powers on 1 July 1999 Devolved and reserved powers Devolved powers are decisions that the UK Parliament used to control, but are now taken by the separate bodies, such as the Scottish Parliament. This includes matters like education and health. Reserved powers are those decisions that remain with Parliament in Westminster. Which powers were devolved and which were reserved were determined by the legislation. The Scottish Parliament The role of the Scottish Parliament is to make laws in relation to devolved matters in Scotland. In these devolved areas, it is able, by virtue of the devolution legislation, to amend or repeal existing Acts of the UK Parliament and to pass new legislation of its own in relation to devolved matters. It will also be able to consider and pass private legislation, promoted by individuals or bodies (for example local authorities) in relation to devolved matters. Among the areas devolved, not included in the devolution proposals of the Scotland Act 1978, are economic development, financial and other assistance to industry, universities, training, forestry, certain transport matters, the police and the prosecution system. All matters that are not specifically reserved are devolved. Devolved matters over which the Scottish Parliament has legislative power include: Version 2 63 Page 165
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Health • health generally including overall responsibility for the National Health Service in Scotland and public and mental health; also the education and training of health professionals and the terms and conditions of service of NHS staff and general practitioners; Education and training • school education including pre-5, primary and secondary education, the functions of Her Majesty’s Inspectorate of Schools and teacher supply, training and conditions of service; • further and higher education including policy, funding, the functions of the Scottish Higher Education Funding Council (SHEFC) and student support; • science and research funding where supported through SHEFC and where it is undertaken in support of other devolved matters; • training policy and lifelong learning including all the training responsibilities presently exercised by The Scottish Office; • vocational qualifications including the functions of the Scottish Qualifications Authority; • careers advice and guidance Local government, social work and housing • local government including local government finance and local domestic and non-domestic taxation; • social work including the Children’s Hearings system; • voluntary sector issues; • housing; • area regeneration including the designation of enterprise zones; • land-use planning and building control. Economic development and transport • economic development including the functions of Scottish Enterprise, Highlands and Islands Enterprise and the local enterprise companies; • financial assistance to industry subject to common UK guidelines and consultation arrangements to be set out in a published concordat; • inward investment including the functions of Locate in Scotland; • promotion of trade and exports including the functions of Scottish Trade International; • promotion of tourism including the functions of the Scottish Tourist Board; • passenger and road transport covering the Scottish road network, the promotion of road safety, bus policy, concessionary fares, cycling, taxis and minicabs, non-technical aspects of disability and transport, some Version 2 64 Page 166
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rail grant powers, the Strathclyde Passenger Transport Executive and consultative arrangements in respect of public transport; • appropriate air and sea transport powers covering ports, harbours and piers, the provision of freight shipping and ferry services, the activities of Highlands and Islands Airports Ltd and planning and environmental issues relating to airports; • inland waterways. Law and home affairs • criminal law and procedure except for offences created in statute law relating to reserved matters including drugs and firearms; • civil law except in relation to matters which are reserved; • electoral law in relation to local government elections; • judicial appointments subject to the appointments of the Lord President of the Court of Session and the Lord Justice Clerk being made by The Queen on the advice of the Prime Minister on the basis of nominations from the Scottish Executive; • the criminal justice and prosecution system; • the civil and criminal courts including the functions of the Scottish Courts Administration and the Court of Lord Lyon; • tribunals concerned with devolved matters and the Scottish Council on Tribunals; • legal aid; parole, the release of life sentence prisoners and alleged miscarriages of justice; and prisons including the functions of the Scottish Prison Service and the treatment of offenders; • the police and fire services including fire safety; • civil defence and emergency planning; • functions under various international legal agreements in devolved areas, for example relating to child abduction and the reciprocal enforcement of Maintenance Orders; • liquor licensing; • protection of animals including protection against cruelty to domestic, captive and wild animals, zoo licensing, controlling dangerous wild animals and game. Environment • the environment including environmental protection, matters relating to air, land and water pollution and the functions of the Scottish Environment Protection Agency; water supplies and sewerage; and policies designed to promote sustainable development within the international commitments agreed by the UK; • the natural heritage including countryside issues and the functions of Scottish Natural Heritage; • the built heritage including the functions of Historic Scotland; • flood prevention, coast protection and reservoir safety. Version 2 65 Page 167
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Agriculture forestry and fishing • agriculture including responsibility for implementing measures under the Common Agricultural Policy, and for domestic agriculture including crofting, animal and plant health and animal welfare subject to suitable co-ordination arrangements to ensure consistency within the UK where required under European law or to protect the public, animal or plant health or animal welfare; • food standards: the relationship between the powers to be exercised by the Scottish Executive and the proposed Food Agency and the degree of UK co-ordination required to protect the public is considered in the White Paper on the Agency to be issued in the autumn; • forestry: the Secretary of State for Scotland’s functions, including his power of direction over the Forestry Commission, is transferred to the Scottish Executive, as will responsibility for finance for the Forestry Commission’s activities in Scotland. The financial arrangements is agreed on a fair and equitable basis taking into account the interests of UK tax payers in a suitable division of the receipts from the business activities of the Commission; • fisheries including responsibility for implementing measures under the Common Fisheries Policy, subject to suitable co-ordination arrangements to ensure effective discharge of UK obligations; domestic fisheries matters including inshore sea fisheries, salmon and freshwater fisheries and aquaculture. Sport and the arts • sport including the activities of the Scottish Sports Council; • the arts including the functions of the National Library of Scotland, the National Museums of Scotland, the National Galleries of Scotland, the Scottish Museums Council, the Scottish Arts Council, and Scottish Screen and support for Gaelic Other matters • statistics, public registers and records including the responsibilities of the Keeper of the Registers, the Keeper of the Records, and the Registrar General for Scotland. The Scottish Parliament is also able to examine devolved matters and debate a wide range of issues of interest and concern in Scotland, whether devolved or reserved. The Scottish Parliament and Executive is able to promote equal opportunities through policies and legislation in the full range of devolved matters. There will continue to be arrangements for the Scottish voice to be heard on UK-wide subjects such as women’s issues. Version 2 66 Page 168
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The Role of the United Kingdom Parliament Parliament is an essential part of UK politics. Parliament is comprised of the House of Commons and the House of Lords, both based within the Palace of Westminster. Parliament and government both play a part in forming the laws of the United Kingdom. The government is formed by the political party that wins the most seats in a general election, led by their party leader, who becomes Prime Minister. Parliament and government are separate institutions that work closely together. Parliament’s main roles are: Examining and challenging the work of the government (scrutiny) Parliament examines and challenges the work of the government. Both the House of Commons and the House of Lords use similar methods of scrutiny, although the procedures vary. The principal methods are • questioning government ministers, • debating • investigative work of committees. The government can publicly respond to explain and justify policies and decisions. Debating and passing all laws (legislation) Both Houses hold debates in which Members discuss government policy, proposed new laws and current issues. Debates are designed to assist MPs and Lords to reach an informed decision on a subject. Votes are often held to conclude a debate, which may involve then passing or rejecting a proposed new law (legislation) or simply registering their opinion on a subject. All debates are recorded in a publication called 'Hansard' - available online at this weblink - http://www.hansard-westminster.co.uk/ Parliament is responsible for approving new laws (legislation). The government introduces most plans for new laws, or changes to existing laws - but they can originate from an MP, Lord or even a member of the public or private group. Before they can become law, both the House of Commons and House of Lords must debate and vote on the proposals. Reserved powers With the advent of the Scottish Parliament in 1999, the UK Parliament retained authority over those sections of legislation not devolved, in addition to the authority over the devolved institutions – the Scottish Parliament, the Northern Ireland Assembly, and the Welsh Assembly. In terms of Scotland, authority over the following areas are retained by Westminster. Version 2 67 Page 169
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• the constitution, which is uncodified, that is to say there is no one document that contains the constitution of the UK Parliament. Rather the constitution is a collection of documents, customs and practices which have evolved over centuries, as on would expect of the world’s oldest democracy; • defence and national security, namely the armed forces and military intelligence services; • fiscal, economic and monetary system which includes taxation and currency; • trade and industry, including competition and customer protection; • transport (not particular to Scotland) including railways, transport safety and regulation; • Social security including housing benefit, and other services provided by the Dept of Works and Pensions; • medical ethics - abortion; human fertilisation and embryology; genetics; xenotransplantation and vivisection; • TV and radio broadcasting, and also telecommunications licensing; • Foreign affairs, which ranges from relations with institutions such as the United Nations, to the provision of UK embassies throughout the world; • the Civil Service who staff the various governmental organisations; • immigration and nationality, including passport control; • energy - electricity, coal, oil, gas, nuclear, and renewable; • employment legislation, including working hours, and the minimum hourly rate; • equal opportunities such as anti-discrimination legislation. The Role of the European Parliament The European Parliament is the only directly-elected body of the European Union. The 785 Members of the European Parliament are elected once every five years by voters right across the 27 Member States of the European Union on behalf of its 492 million citizens. Version 2 68 Page 170
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Version 2 69 The European Parliament plays an active role in drafting legislation which has an impact on the daily lives of its citizens: For example; • on environmental protection, consumer rights, equal opportunities, transport, and the free movement of workers, capital, services and goods. The European Parliament also has joint power with the Council over the annual budget of the European Union. The European Parliament has the authority to apply legislation in the UK but actually putting it into action may require the UK Parliament to pass new or amended legislation. Further information on the work of the European Parliament can be found here - http://www.europarl.europa.eu/parliament/public/staticDisplay.do?id=146&la nguage=EN Page 171
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