Agenda Document Pack - North Ayrshire Council - 16/09/2026
North Ayrshire Council · 16 September 2026
Back to North Ayrshire Council — 16 September 2026 and its agenda
Text extracted from the council's PDF. Layout and reading order may differ from the original.
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North Ayrshire Council, Cunninghame House, Irvine KA12 8EE North Ayrshire Council A Meeting of North Ayrshire Council will be held in the Council Chambers, Ground Floor, Cunninghame House, Irvine, KA12 8EE on Wednesday, 16 September 2026 at 14:00 to consider the undernoted business. Meeting Arrangements - Hybrid Meetings This meeting will be held on a predominantly physical basis but with provision, by prior notification, for remote attendance by Elected Members in accordance with the provisions of the Local Government (Scotland) Act 2003. Where possible, the meeting will be live-streamed and available to view at https://north-ayrshire.public- i.tv/core/portal/home. 1 Apologies 2 Declarations of Interest Members are requested to give notice of any declarations of interest in respect of items of business on the Agenda. 3 Previous Minutes The accuracy of the Minutes of the Meeting of the Council held on 24 June 2026 will be confirmed and the Minutes signed in accordance with Paragraph 7(1) of the Local Government (Scotland) Act 1973 (copy enclosed). 4 Provost's Report Submit report by the Provost for the period covering 15 June 2026 - 6 September 2026 (copy enclosed). 5 Leader's Report Submit report by the Leader of the Council for the period covering 15 June 2026 - 6 September 2026 (copy enclosed). 1
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North Ayrshire Council, Cunninghame House, Irvine KA12 8EE 6 Minute Volume (issued under separate cover) Submit, for noting and for approval of any recommendations contained therein, the Minutes of Meetings of committees of the Council held in the period 30 April to 1 September 2026. 7 Community Planning Partnership (CPP) Board: Minutes of Meeting Submit report by the Executive Director (Communities and Housing) on the Minutes of the Community Planning Partnership Board held on 2 June 2026 (copy enclosed). 8 Appointment to Outside Body The Council is invited to appoint Councillor Currie to serve on the Ardrossan Harbour Reference Group. 9 Scottish Government Programme for Government 2026-31 Submit report by the Chief Executive on the Scottish Government Programme for Government 2026-31 (copy enclosed). 10 Annual Review of Governance Documents The Council is invited to consider the following reports in terms of the annual review of the Council's suite of Governance documents which regulate the operation of Council, its committees and officers. 10.1 Standing Orders Relating to Meetings and Proceedings of the Council and Committees Submit report by the Chief Executive on the Standing Orders Relating to Meetings and Proceedings of the Council and Committees (copy enclosed). 10.2 Scheme of Administration Submit report by the Chief Executive on the Council's Scheme of Administration (copy enclosed). 10.3 Scheme of Delegation to Officers Submit report by the Chief Executive on the Council's Scheme of Delegation to Officers (copy enclosed). 10.4 Other Key Governance Documents Submit report by the Chief Executive on other key governance documents regulating the operation of the Council, its committees and officers (copy enclosed). 11 Committee Timetable 2027 Submit report by the Chief Executive on a proposed timetable of meetings of the Council and its committees for the period from January - May 2027 (copy enclosed). 2
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North Ayrshire Council, Cunninghame House, Irvine KA12 8EE 12 Reducing Misogyny in Schools Submit report by the Executive Director (Education) on the adoption of a policy to reduce misogyny in schools (copy enclosed). 13 Questions In terms of Standing Order 14, submit:- (1) a question by Councillor Hume to the Cabinet Member for Education in the following terms: "Does the Cabinet Member for Education still believe that North Ayrshire Council should cut teacher numbers?" (2) a question by Councillor Marshall to the Cabinet Member for Education in the following terms: "At the recent Corporate Health and Safety Group it was noted that there has been a very large increase in the incidents of Aggression and Violence within Education. In particular for Q1 in 24/25 there were 212 incidents, in 25/26 there were 290 incidents and in 26/27 there were 443 incidents. This equates to an increase of over the last three years of 108%. Meaning a doubling of such incidents. Can the Cabinet Member explain why the increase and what steps have been taken to minimise these incidents in future to ensure the safety and support of staff?" (3) a question by Councillor McLean to the Cabinet Member for Health and Social Care in the following terms: "Does the Cabinet Member for HSCP, like her predecessors and leader of the council support the Scottish Government’s Anti-Racism Action Plan and the use of bias training and ‘culturally responsive’ training in North Ayrshire Council’s social work department?" (4) a question a question by Councillor D. L Reid to the Cabinet Member for Green Environment and Economy in the following terms: "Can the Cabinet Member provide an update on the approximate costs incurred by NAC to clear the rubbish from a field near the Bailey Bridge in Irvine and the old Garnock rugby pitch at Lochshore in Kilbirnie which were recently littered with trees, wood, branches, stones and various bags of rubbish and other items including any legal costs incurred?" 3
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North Ayrshire Council, Cunninghame House, Irvine KA12 8EE (5) a question by Councillor Angus-McDonald to the Cabinet Member for Health and Social Care in the following terms: "Could the Cabinet member tell us how many people have lost their care packages due to the IJB's “Critical Only” policy since the last council meeting?" (6) a question by Councillor Marshall to the Cabinet Member for Education in the following terms: “Does the Cabinet Member agree with me that the current Curriculum for Excellence (CfE) as is taught in Scottish Schools is contributing to the long- term decline in Scottish Education as measured by PISA (Programme for International Student Assessment)?" (7) a question by Councillor McLean to the Cabinet Member for Green Environment and Economy in the following terms: "Can the Cabinet Member for the Green Economy and Environment advise how long the Council has been installing solar panels on social housing in North Ayrshire and whether those installations contribute to carbon offsetting in relation to the Council’s net zero goals?" (8) a question by Councillor Todd Ferguson to the Cabinet Member for Green Environment and Economy in the following terms: "Can the Cabinet Member for the Environment and Green Economy confirm when the full results of the 20mph consultation will be made available to elected members and the public?" (9) a question by Councillor Foster to the Leader of the Council in the following terms: "Throughout the development of the Ayrshire Growth Deal, elected members were told that the new attraction at Irvine harbourside would be of “national significance” much like the Kelpies in Falkirk, an attraction that brings an additional 20,000 visitors to the Falkirk area every week. What is the Council Leader’s estimate of how many additional visitors Irvine can expect from the first phase?" (10) a question by Councillor Marshall to the Cabinet Member for Education in the following terms: "Does the Cabinet Member agree that the future implementation of the draft Curriculum Improvement Cycle (CIC) will improve outcomes for pupils?" 4
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North Ayrshire Council, Cunninghame House, Irvine KA12 8EE (11) a question by Councillor McLean to the Cabinet Member for Green Environment and Economy in the following terms: "How many ‘parking tickets’ has the council issued to cars parked on or around Victoria Roundabout in Irvine, such as the slips from the roundabout onto Dublin Quay, Cochrane Street, Harbour Road, Boyle Street and Church Street, and of those issued and how many have been rescinded with no payment?" (12) a question by Councillor Todd Ferguson to the Cabinet Member for Communities, Housing and the Islands in the following terms: “In light of increasing interest in hyperscale data centre developments across Scotland, can the Cabinet Member confirm whether any new or revised guidance has been published by the Scottish Government regarding the planning, environmental, energy, or infrastructure implications of such developments, and how this will influence the Council's approach to any proposals received?" (13) a question by Councillor Currie to the Cabinet Member for Communities, Housing and the Islands in the following terms: “Arran has experienced another summer of disruption to the island’s ferry service, letting down residents, businesses, and visitors. The Council commissioned Fraser of Allander Institute to undertake an economic analysis of the ferry’s contribution to the island's economy - using that work as a benchmark, can the Cabinet Member tell us what impact the disruption to the ferry service this summer has had on the island’s economy?" (14) a question by Councillor Marshall to the Cabinet Member for Green Environment and Economy in the following terms: "Can the Cabinet Member outline the progress to date on the development of the Millport Marina?" (15) a question by Councillor McLean to the Leader of the Council in the following terms: "Would the Council Leader agree to an external investigation into complaints made about the Vineburgh Community Centre in as far as they relate to the Council’s involvement with the Centre and the operators?" 5
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North Ayrshire Council, Cunninghame House, Irvine KA12 8EE (16) a question by Councillor Todd Ferguson to the Cabinet Member for Education in the following terms: "Can the Cabinet Member provide an update on the provision of single-sex toilet facilities across North Ayrshire schools and confirm whether all schools now provide single sex toilets?" (17) a question by Councillor McLean to the Cabinet Member for Education in the following terms: "Following the recent UK government release which referenced practices at a number of organisations including Collins Care Ltd which operates Treetops and Treetops Two nurseries in North Ayrshire , can the Cabinet Member advise what engagement there has been with the organisation?" (18) a question by Councillor Murdoch to the Cabinet Member for Green Environment and Economy in the following terms: “Can the Cabinet Member please provide a breakdown of the costs involved in creating the new playpark and toilets in Irvine?" (19) a question by Councillor McLean to the Cabinet Member for Finance in the following terms: "Can the Cabinet Member update Council on progress concerning the register of Common Good assets?" (20) a question by Councillor Murdoch to the Cabinet Member for Green Environment and Economy in the following terms: "Can the Cabinet Member please provide a date for the installation of the new Motor Home & Camper Van Pilot Scheme, at Bowencraig in Largs?" (21) a question by Councillor Murdoch to the Leader of the Council in the following terms: "Does the Leader of the Council support the proposal to amalgamate the three Ayrshire Council's and what benefits does the Leader think this would bring to North Ayrshire?" 14 Motions In terms of Standing Order 15, submit:- 6
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North Ayrshire Council, Cunninghame House, Irvine KA12 8EE (1) a motion by Councillor Todd Ferguson, seconded by Councillor Montgomerie, in the following terms: "Council notes the long and distinguished service of The Royal Regiment of Scotland, its antecedent regiments, and the generations of soldiers who have served with courage and distinction at home and overseas. Council recognises the Regiment’s enduring connections with North Ayrshire and the wider Ayrshire community. Furthermore, we recognise the continuing sacrifices of serving personnel, veterans, and especially their families. Council therefore resolves to: • Confer the Freedom of North Ayrshire upon The Royal Regiment of Scotland, admitting the Regiment as an Honorary Freeman of North Ayrshire, in recognition of its distinguished service to Scotland and the nation. • Invite the Regiment to exercise that Freedom on a date suitable to both the Regiment and the Council through a formal civic parade in North Ayrshire, with Colours flying, bayonets fixed, Pipes and Drums playing, and the Regimental mascot, Corporal Cruachan IV, participating, subject to the Regiment’s availability and the necessary arrangements. • Invite the people of North Ayrshire to line the parade route and join the Council in marking this historic occasion. • Present the Freedom Scroll following the parade. Request officers work with the Regiment and relevant internal and external partners to agree the parade route, and arrangements for the presentation of the Freedom scroll." (2) a motion by Councillor McLean, seconded by Councillor Stewart Ferguson, in the following terms: "Council asks the Chief Executive to write to the Chief Executive of East Ayrshire Council seeking clarification on the effect of the motion passed by East Ayrshire Council on 25th June 2026 which stated that East Ayrshire Council would not enter into any agreements with Reform UK Councillors and in particular what impact this may have for the Shared Economic Development Service between both Councils and other working arrangements." (3) a motion by Councillor McLean, seconded by Councillor Stewart Ferguson, in the following terms: "Council instructs officers to review the information on the Council’s website relating to their service remits to ensure that all policies and relevant information are publicly available." 7
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North Ayrshire Council, Cunninghame House, Irvine KA12 8EE (4) a motion by Councillor McLean, seconded by Councillor Stewart Ferguson, in the following terms: “North Ayrshire Council notes 1. The outcome of a judicial review by Glasgow City Councillor Fiona Higgins against the Standards Commission for Scotland at the Court of Session in relation to the Standards Commission for Scotland's refusal to accept evidential documents in advance of a conduct hearing. 2. That the Court of Session decided that the Standards Commission for Scotland did not have a substantive right to refuse to consider evidence that an individual was entitled to have taken into account, and that its decision to refuse to accept seven of the documents submitted by Councillor Fiona Higgins was not lawful. 3. The outcome of this case has prompted a cross-party campaign to dissolve the Office of the Ethical Standards Commissioner and Standards Commission for Scotland and for structural reform. Therefore: 1. In light of the judicial review, Council expresses concern at the findings of the case and instructs the Chief Executive to write to the First Minister calling on the Scottish Government to review the functions and operations of the Office of the Ethical Standards Commissioner and the Standards Commission for Scotland, and to implement any necessary structural reforms including support for greater freedoms and protections for Councillors akin to what parliamentarians receive. 2. Council asks the Council Leader to table or support a motion of no confidence or calls for review of the Office of the Ethical Standards Commissioner and Standards Commission for Scotland at a future COSLA Leaders’ meeting inviting other local authorities to support a motion of no confidence to build momentum for change.” 15 Urgent Items Any other items which the Chair considers to be urgent. 8
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North Ayrshire Council, Cunninghame House, Irvine KA12 8EE Webcasting Please note: this meeting may be filmed/recorded/live-streamed to the Council's internet site and available to view at https://north-ayrshire.public- i.tv/core/portal/home,where it will be capable of repeated viewing. At the start of the meeting, the Provost/Chair will confirm if all or part of the meeting is being filmed/recorded/live-streamed. You should be aware that the Council is a Data Controller under the Data Protection Act 2018. Data collected during the webcast will be retained in accordance with the Council’s published policy, including, but not limited to, for the purpose of keeping historical records and making those records available via the Council’s internet site. Generally, the press and public will not be filmed. However, by entering the Council Chambers and using the press or public seating area, you acknowledge that you may be filmed and that any information pertaining to you contained in the video and oral recording of the meeting will be used for webcasting or training purposes and for the purpose of keeping historical records and making those records available to the public. In making this use of your information the Council is processing data which is necessary for the performance of a task carried out in the public interest. If you have any queries regarding this and, in particular, if you believe that use and/or storage of any particular information would cause, or be likely to cause, substantial damage or distress to any individual, please contact dataprotectionofficer@north-ayrshire.gov.uk 9
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North Ayrshire Council, Cunninghame House, Irvine KA12 8EE North Ayrshire Council Sederunt Nairn Angus-McDonald John Bell Marie Burns Eleanor Collier Joe Cullinane Charles Currie Scott Davidson Anthea Dickson Stewart Ferguson Todd Ferguson Robert Foster Scott Gallacher Tony Gurney Alan Hill Mary Hume Cameron Inglis Margaret Johnson Amanda Kerr Christina Larsen Shaun Macaulay Tom Marshall Jean McClung Louise McLaughlan Matthew McLean Davina McTiernan Jim Montgomerie Ian Murdoch Donald Reid Donald L Reid Chloe Robertson Ronnie Stalker Angela Stephen John Sweeney Chair: Apologies: Attending: 10
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PUBLIC INFORMATION PUBLIC INFORMATION North Ayrshire Council 24 June 2026 At a Meeting of North Ayrshire Council at 2.00 p.m. involving a combination of participation by remote electronic means and physical attendance within the Council Chambers, Irvine. Present (Physical Participation) Nairn Angus-McDonald, Eleanor Collier, Joe Cullinane, Anthea Dickson, Stewart Ferguson, Robert Foster, Tony Gurney, Alan Hill, Mary Hume, Cameron Inglis, Margaret Johnson, Christina Larsen, Shaun Macaulay, Tom Marshall, Jean McClung, Louise McLaughlan, Matthew McLean, Davina McTiernan, Jim Montgomerie, Ian Murdoch, Donald Reid, Chloé Robertson, Ronnie Stalker, Angela Stephen and John Sweeney. Present (Remote Electronic Participation) John Bell, Marie Burns, Charles Currie, Scott Davidson, Todd Ferguson, Amanda Kerr and Donald L. Reid. In Attendance C. Hatton, Chief Executive; S. Anson, Executive Director (Education); R. McCutcheon, Executive Director, Louise Kirk, Director (Regional Economy) (Place); Y. Baulk, Head of Service (Housing & Public Protection) (Communities and Housing); E. Stewart, Head of Service (Children, Families & Criminal Justice) (Health and Social Care Partnership); M. Boyd, Head of Service (Finance); F. Walker, Head of Service (People and ICT); R. Lynch, Senior Manager, L. Taylor, Team Manager (Litigation) (Legal Services); M. McColm, Senior Manager (Communications), C. Stewart and S. Wilson, Committee Services Officers, and H. Young, Senior Committee Services Officer (Democratic) (Corporate Services). Chair Provost Dickson in the Chair. Apologies Scott Gallacher 1. Provost's Remarks The Provost welcomed those present to the meeting and dealt with preliminary matters, including intimation that the meeting, which was taking place on a hybrid basis, was being recorded. The Provost also took the opportunity to mark the 30th Anniversary of North Ayrshire Council and paid tribute to all elected members and officers, past and present, who had served our communities with dedication and commitment over the past three decades. 2. Apologies The Provost invited intimations of apologies for absence, which were recorded. Agenda Item 3 11
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PUBLIC INFORMATION PUBLIC INFORMATION 3. Declarations of Interest In terms of Standing Order 11 and Section 5 of the Councillors' Code of Conduct, Councillor Hill declared an interest in agenda item 12 - 100% Council Tax Premium on Second Homes – Monitoring Report. Councillor Hill left the meeting and took no part in the deliberation or determination of that item. There were no declarations of the Party Whip. 4. Previous Minutes The accuracy of the Minutes of the Meeting of the Council held on 20 May 2026 was confirmed and the Minutes signed in accordance with Paragraph 7(1) of Schedule 7 of the Local Government (Scotland) Act 1973. 5. Provost’s Report Submitted report by the Provost for the period from 11 May 2026 to 14 June 2026. Noted. 6. Leader’s Report Submitted report by the Leader of the Council for the period from 11 May 2026 to 14 June 2026. Noted. 7. Council Minute Volume Submitted for noting the Minutes of meetings of committees of the Council held in the period 27 May to 15 June 2026. Noted. 8. Congratulatory Motion In terms of Standing Order 15.4, submitted the undernoted motions, duly proposed and seconded, which sought to congratulate, commend or recognise an individual or group in relation to their achievement or activities within North Ayrshire: (1) “Council congratulates North Ayrshire Table Tennis Club on the selection of two of its players to represent Scotland at next month’s Commonwealth Championships in India. Chris Main from Saltcoats, and Stevenston's Martin Johnson have been chosen as two of only four male players recruited from all over the country. Chris will also be Team Captain! 12
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PUBLIC INFORMATION PUBLIC INFORMATION Council also commends the sterling work done by NATTC in encouraging people of all ages and abilities to participate in this sport and acknowledges the beneficial effects of this kind of activity on one's mental and physical wellbeing. Council wishes Team Scotland and our two local representatives all the best for the competition”. There being no dissent, the motion was approved. (2) “North Ayrshire Council congratulates North Ayrshire boxers Brooke Nealy and Aaron Cullen on their selection to represent Scotland at the upcoming Commonwealth Games. Council recognises their hard work, dedication and sporting achievements and wishes them every success as they represent Scotland and North Ayrshire on the International stage. Council agrees to record its congratulations and best wishes to both athletes and wishes Team Scotland the best of luck”. There being no dissent, the motion was approved. (3) “To congratulate Megan’s Space for winning the award of Charity of the Year from the SVCO, with congratulations to Robert & Jenny Copeland, family and the rest of the team”. There being no dissent, the motion was approved. 9. Revenue Budget 2025/26: Financial Performance to 31 March 2026 Submitted report by the Head of Service (Democratic Services) to resolve the Council’s position on the use of underspend reported to Cabinet in the Council’s financial performance report 2025/26. The Cabinet report and minute from 2 June 2026 was set out at Appendix 1, comments in relation to the call-in request from the Head of Service (Finance) presented to the Audit and Scrutiny Committee was set out at Appendix 2, the minutes of the Special Audit and Scrutiny Committee of 15 June 2026 was set out at Appendix 3 and the minutes of the Special Cabinet meeting of 19 June 2026 was set out at Appendix 4 to the report. The Senior Manager (Legal Services) clarified that Standing Orders 15.5 would require to be suspended to enable a decision taken by Council in the last 6 months to be reconsidered. Councillor Cullinane, seconded by Councillor Foster, moved a motion to suspend Standing Orders. 13
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PUBLIC INFORMATION PUBLIC INFORMATION On a division and roll call vote, there voted “to proceed” with suspension of Standing Orders, Councillors Angus-McDonald, Bell, Cullinane, Currie, S. Ferguson, T. Ferguson, Foster, Hume, Inglis, Marshall, McLean, McLaughlan, Montgomerie, Murdoch, D. Reid, D.L Reid, Stalker, Stephen and Sweeney (19) and “not proceed”, Councillors Burns, Collier, Davidson, Dickson, Gurney, Hill, Johnson, Larsen, Macaulay, McClung and McTiernan (11) the motion “to proceed” was declared carried. The Senior Manager (Legal Services) provided clarification that the threshold of 17 members had been met for Council to proceed with the suspension of Standing Orders. Accordingly, the Council agreed to proceed with suspension of Standing Orders to allow consideration of a proposal for a Council Tax rebate. Councillor Hill, seconded by Councillor Larsen, moved that a further report on the proposed Our Places, Our Communities Fund to be brought to Council for further consideration as outlined in the original Cabinet Decision of 2nd June 2026. Members asked questions of clarification of the movers of the motion. Thereafter, Councillor Cullinane, seconded by Councillor Foster, moved an amendment as follows: “In passing its budget, the Council set Council Tax bands at a level required to fund its expenditure requirements, including prioritising investment in areas such as education and roads. The £1.496million underspend should therefore not be spent on another of the administrations pet projects, particularly when the evidence of the last four years shows that these pots of money are not used in a timeous manner. Instead, the underspend should be returned to council taxpayers.” Members asked questions of clarification of the movers of the amendment. Thereafter, Councillor Inglis, seconded by Councillor Stalker, moved the following amendment: That Council agrees to: 1. Reject the proposed allocation of £1.496million of underspend to create an “Our Places, Our Communities Fund”; 2. Agree that the £1.496 million underspend remains within the General Fund unearmarked reserves, to: o Maintain financial resilience; o Mitigate identified risks within the Medium-Term Financial Plan; and o Provide flexibility to respond to in-year financial pressures, within Council services; 14
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PUBLIC INFORMATION PUBLIC INFORMATION 3. Note the current level of reserves remains at the lower end of the Council’s approved policy (2–4%), and that maintaining this additional balance strengthens the Council’s financial position going into 2026/27. Thereafter, Councillor McLean, seconded by Councillor S. Ferguson, moved the following amendment: “Council agrees to allocate the funds to the capital programme at this time with a view to further developing the programme of works required at Auchengate, with the intent to bring it into public ownership, to bring back for final approval at a future Council.” In terms of Standing Order 6.8, the Provost agreed that the meeting be adjourned at 2.45 p.m. to allow Members to consider the motion and amendments. The meeting reconvened at 3.15 p.m. with the same Members and officers present and in attendance, with the addition of Councillor Robertson. Councillor Cullinane, with the consent of his seconder, intimated that he wished to alter his amendment to read as follows: “Council agrees to use the £1.496 million underspend to deliver additional investment in street cleaning. Council instructs officers to bring a report to the next meeting of full council with an investment plan covering: 1. Investment in Streetscene equipment and operations 2. A local grant fund to support community clean-up organisations, and to help establish new ones.” A point of order was raised by Councillor Gurney, who sought clarification regarding the validity of Councillor Cullinane’s amended proposal. In terms of Standing Order 16.5, and with the agreement of his seconder, Councillor Inglis agreed to withdraw his amendment. Members asked questions of clarification of the movers of the altered amendment. There followed debate and summing up. The Senior Manager (Legal Services) sought clarification from Councillor Burns that she had sufficient information to participate in the vote. Councillor Burns confirmed that she was largely absent during the recess and had sufficient information to participate in the vote. 15
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PUBLIC INFORMATION PUBLIC INFORMATION On a division and roll call vote, there voted for the first amendment, Councillors Angus-McDonald, Bell, Cullinane, Currie, S. Ferguson, T. Ferguson, Foster, Hume, Inglis, Kerr, McLean, McLaughlan, Montgomerie, D. Reid, Stalker, Stephen and Sweeney (17) and for the motion, Councillors Burns, Collier, Davidson, Dickson, Gurney, Hill, Johnson, Larsen, Macaulay, McClung and McTiernan (11) and Marshall, Murdoch and D.L Reid abstaining and the first amendment became the substantive motion. On a further division and a roll call vote, there voted for the second amendment, Councillors S. Ferguson, and McLean (2) and for the substantive motion, Councillors Angus-McDonald, Bell, Burns, Collier, Cullinane, Currie, Davidson, Dickson, T. Ferguson, Foster, Gurney, Hill, Hume, Inglis, Johnson, Kerr, Larsen, Macaulay, Marshall, McClung, McLaughlan, McTiernan, Montgomerie, Murdoch, D. Reid, Stalker, Stephen and Sweeney (28), Councillor D.L Reid abstaining and the substantive motion was declared carried. Accordingly, the Council agreed as follows: “Council agrees to use the £1.496million underspend to deliver additional investment in street cleaning. Council instructs officers to bring a report to the next meeting of full council with an investment plan covering: 1. Investment in Streetscene equipment and operations 2. A local grant fund to support community clean-up organisations, and to help establish new ones.” 10. North Ayrshire Council Unaudited Annual Accounts 2025/26 Submitted a report by the Head of Service (Finance) on the unaudited Annual Accounts for the year to 31 March 2026. Councillor Larsen, seconded by Councillor Gurney, moved the approval of the recommendations set out in the officer’s report. There being no amendment, the motion was declared carried. Accordingly, the Council agreed to (a) approve the Annual Accounts for 2025/26, subject to audit; (b) note that Audit Scotland plan to complete their audit of the Accounts by mid-September 2026 and will present their annual audit report to the Council’s Audit and Scrutiny Committee thereafter; (c) authorise the Audit and Scrutiny Committee to consider, and approve for signature, the audited annual accounts within the required timeframe. 16
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PUBLIC INFORMATION PUBLIC INFORMATION 11. North Ayrshire Charitable Trusts: Unaudited Trustees’ Annual Report 2025/26 Submitted a report by the Head of Service (Finance) on the unaudited Trustees’ Annual Report for the year to 31 March 2026, for approval by the Council as trustees. The Trustees’ Annual Report and Financial Statements for all of North Ayrshire Council’s charitable trusts was attached at Appendix 1 to the report. A member asked a question and was provided with further information regarding the current work being undertaken in preparation for the anticipated changes to the Charities Statement of Recommended Practice (SORP). Councillor Larsen, seconded by Councillor Gurney, moved the approval of the recommendations set out in the officer’s report. There being no amendment, the motion was declared carried. Accordingly, the Council agreed, as trustees of the North Ayrshire Council Charitable Trusts, to approve the annual report for 2025/26, subject to audit. 12. Treasury Management and Investment Annual Report 2025/26 Submitted a report by the Head of Service (Finance) on the Treasury Management and Investment Annual Report and Prudential Indicators for 2025/26. The Treasury Management and Investment Annual Report 2025/26 for North Ayrshire Council was set out at Appendix 1 to the report. Councillor Larsen, seconded by Councillor Gurney, moved the approval of the recommendations set out in the officer’s report. There being no amendment, the motion was declared carried. Accordingly, the Council agreed to note (a) the Treasury Management and Investment Annual Report for 2025/26 set out at Appendix 1 to the report; and (b) the Prudential and Treasury Indicators contained therein. Councillor McLaughlan left the meeting at this point. 13. 100% Council Tax Premium on Second Homes – Monitoring Report Submitted a report by the Head of Service (Finance) on the details of the policy impact following one year of implementation of the 100% Council Tax premium for Second Homes within North Ayrshire applied from 1 April 2025. Following an earlier declaration of interest, Councillor Hill left the meeting at this point. 17
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PUBLIC INFORMATION PUBLIC INFORMATION Members asked questions and were provided with further information in relation to: • the potential adverse impact on Cumbrae and its local economy; • the in-year collection rate of 96.5%; • the removal of the legislative cap that previously restricted councils from charging more than double the standard rate on second homes; • no evidence of significant adverse impacts identified; and • the effect on Arran being more limited than that on Cumbrae. Noted. Councillor Hill rejoined the meeting at this point. 14. Private Sector Housing: North Ayrshire Scheme of Assistance Submitted report by the Executive Director (Communities and Housing) on the updated North Ayrshire Scheme of Assistance, set out at Appendix 1 to the report. Councillor Hill, seconded by Councillor McTiernan moved the approval of the recommendations set out in the officer’s report. In terms of Standing Order 23.1, Councillor Inglis, seconded by Councillor Stalker intimated that they wished to move a suspension of Standing Orders in terms of Standing Order 15.5, to consider a proposal on the establishment of a Mixed Tenure Repairs & Maintenance Grant Fund. On a division and roll call vote, there voted “to proceed” with suspension of Standing Orders, Councillors Cullinane, Currie, S. Ferguson, T. Ferguson, Foster, Hume, Inglis, Kerr, Marshall, McLean, Montgomerie, Murdoch, D. Reid, Stalker, Stephen and Sweeney (16) and “not proceed”, Councillors Angus-McDonald, Bell, Burns, Collier, Davidson, Dickson, Gurney, Hill, Johnson, Larsen, Macaulay, McClung, McTiernan and Robertson (14) D.L. Reid abstaining. The Senior Manager (Legal Services) provided clarification that the threshold of 17 members had not been met for Council to proceed with the suspension of Standing Orders. Accordingly, the Council agreed to approve the updated North Ayrshire Scheme of Assistance set out at Appendix 1 to the report. 15. Three Towns Pride in Place Programme Submitted report by the Executive Director (Communities and Housing) on the proposed Elected Member representation on the Three Towns Neighbourhood Board. Councillor Hill, seconded by Councillor McTiernan, moved the approval of the recommendations set out in the officer’s report. There being no amendment, the motion was declared carried. 18
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PUBLIC INFORMATION PUBLIC INFORMATION Accordingly, the Council agreed to appoint Councillors Stewart Ferguson, Cameron Inglis, Davina McTiernan and John Sweeney to the Three Towns Neighbourhood Board. In terms of Standing Order 6.8, the Provost agreed that the meeting be adjourned at 4.25 p.m for a short comfort break. The meeting reconvened at 4.40 p.m. with the same Members and officers, present and in attendance, with the exception of Councillors Kerr and Macaulay. Councillor Cullinane rejoined the meeting remotely at this point. 16. Questions In terms of Standing Order 14, submitted: (1) a question by Angus-McDonald to the Cabinet Member for Health and Social Care in the following terms: “To ask the Cabinet Member how many care packages have been rejected, stopped or removed since the implementation of the ‘Critical Only’ policy?” The Leader of the Council thanked the Member for his question and responded in the following terms: “A total of 54 individual care packages have been ceased since 1st April following the introduction of the Critical Only eligibility policy.” As a supplementary question, Councillor Angus-McDonald referenced a quote by East Ayrshire Council IJB regarding a move to critical only care and asked if the Leader of the Council agreed with the quote? The Leader of the Council confirmed that he agreed with the statement and further advised that the HSCP’s current financial position did not need to be as it was and highlighted the removal of funding allocated to the HSCP in the Labour budget amendment. (2) a question by Councillor Inglis to the Cabinet Member for Education in the following terms: "Given that North Ayrshire school leavers in SIMD deciles 9–10 is noted as being well below the national average in attainment performance, what factors may be contributing to this comparatively lower performance, and what targeted strategies will be implemented to improve outcomes for learners in deciles 9-10?” Councillor Johnson thanked the Member for his question and responded in the following terms: “The average total number of tariff points indicate that whilst our SIMD 9&10 leavers are attaining a breadth of qualifications which is better than the virtual comparator - a national benchmarking tool that allows comparison of school performance with statistically similar schools based on shared characteristics - the types of courses 19
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PUBLIC INFORMATION PUBLIC INFORMATION and the passes associated with those courses are not providing a higher number of tariff points. For those who left school in June 2025 from SIMD 9&10, they have performed as follows regarding key attainment measures: • At least 1 qualification at Level 5 – 98.0% compared to VC of 96.7% • At least 1 qualification at Level 6 – in line with the VC at 85% • At least 5 qualifications at Level 6 – 63% compared to VC of 62% • At least 6 qualifications at Level 6 – 54% compared to VC of 49%. Maximising the opportunity to attain at a learner’s highest level can be managed through course choices and appropriate learner pathways. For example, undertaking an Advanced Higher in a subject area will support increased number of tariff points (a “C” pass at Advanced Higher attracts 400 tariff points compared to 204 at Higher “A” pass). However, learners may choose to undertake additional Highers rather than pursue more specialised study at Advanced Higher level in order to keep their future study options as broad as possible.” (3) a question by Councillor McLean to the Leader of the Council in the following terms: “Does the leader of the council believe that the engagements attended by the Provost are appropriate?” “The Leader of the Council thanked the Member for his question and advised that the Provost does an excellent job of making every resident of North Ayrshire feel included, expressed his admiration for her in that regard, and added that he was proud to have her as Provost. As a supplementary question, Councillor McLean referred to an engagement attended by the Provost with representatives of the Chinese Consulate and asked the Leader of the Council whether the necessary precautions had been taken to guard against any untoward approaches, attempts to influence or exert pressure, and whether staff were appropriately aware? Following response, on a point of order, Councillor McLean advised that comments made by the Leader of the Council were unacceptable. A further point of order was raised by Councillor Larsen, seeking clarification on the relevant Standing Order being referenced by Councillor McLean. The Leader of the Council subsequently withdrew his comment. The Leader of the Council advised that members of the Chinese community were welcome in North Ayrshire, referencing the exemplary conduct of the Provost. 20
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PUBLIC INFORMATION PUBLIC INFORMATION (4) a question by Councillor Todd Ferguson to the Cabinet Member for Education in the following terms: “What steps is the Cabinet Member taking to ensure North Ayrshire children benefit from the SNP Government’s promised free school bags scheme?” Councillor Johnson thanked the Member for his question and responded in the following terms: “The Scottish Government has indicated its intention to introduce a national free school bags scheme. Details of the proposal and associated delivery mechanisms have not yet been issued to local authorities. However, we continue to engage through national networks, including COSLA and ADES, to support our understanding of the current picture and ensure that North Ayrshire is well placed to maximise the benefits for our children once the scheme is confirmed. In the interim, we remain focused on ensuring that no child is disadvantaged due to financial barriers through a range of supports already in place locally.” As a supplementary question, Councillor Todd Ferguson asked the Cabinet Member if she agreed that it was not appropriate to raise expectations of children and families through high-profile policy announcements unless supported by a clear, funded and deliverable plan to meet those commitments in North Ayrshire? Councillor Johnson advised that active engagement with national policy development through COSLA, ADES and direct dialogue with the Scottish Government, to seek clarity on delivery expectations, funding levels, and timescales were steps required as further details emerge. (5) a question by Councillor Hume to the Cabinet Member for Education in the following terms: "The adverts to recruit new school crossing patrollers to implement February’s budget decisions are now live. Given the tight timeframe between the adverts going live and the start of the school term, what will the administration do to implement the councils budget decisions if they fail to recruit to every position before the start of the school year?” Councillor Johnson thanked the Member for her question and responded in the following terms: “We are doing everything we can to ensure a successful round of recruitment, and information regarding the vacancies is being disseminated through various channels. Job vacancies are promoted via the Council’s social media channels with a direct link to North Ayrshire’s recruitment platform - My Job Scotland. The recruiting service has also made existing staff aware of the forthcoming vacancies as multi-post working is common within the service. Information is also being shared with Parent Councils to disseminate within local communities.” 21
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PUBLIC INFORMATION PUBLIC INFORMATION (6) a question by Councillor Marshall to the Cabinet Member for Communities, Housing and the Islands in the following terms: “As part of the Pride in Place impact fund award for North Ayrshire and with the approach agreed at cabinet in January 2026 Officers of the council identified projects in the North Coast Ward to the value of £308,000. These were almost exclusively associated with Council services. Were Members of the North Coast invited to make suggestions for projects and if so what were their suggestions and if so why not?” Councillor Hill thanked the Member for his question and responded in the following terms: “The Pride in Place Impact Fund was allocated across the four localities of North Coast, Arran, Garnock Valley and Kilwinning. The funding was distributed by population, with the North Coast receiving a total of £514,000. To align with the short funding timescales and to ensure co-ordinated delivery, 60% of the funding was allocated for Council-led projects. In the North Coast Locality, this is £308,000. The remaining £206,000 is allocated for community projects, through a competitive grant fund. The Regeneration Service undertook a cross-service expression of interest process for the Council-led project element, and proposals were shared with ward members in each of the four localities for their feedback. The Pride in Place Impact Fund will also be the subject of a future report to Cabinet to provide further updates on both the Community and Council-led projects.” As a supplementary question, Councillor Marshall asked why local members were not consulted? Councillor Hill advised this would be addressed going forward although would not apply to the funding agreed at Council today to operate the clean-up services. (7) a question by Councillor McLean to the Cabinet Member for Health and Social Care in the following terms: “To ask the Cabinet Member for Health and Social Care: How many incidents of racism have been a) alleged against staff in the social work department, b) led to an investigation and c) been founded and lead to disciplinary action, and d) what was that disciplinary action over the past 5 years?” Councillor Gurney thanked the Member for his question and responded in the following terms: 22
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PUBLIC INFORMATION PUBLIC INFORMATION “The information requested by the member is not held in a way in systems which would allow the number of incidents to be reported. However the HSCP would offer assurance that any allegations or incidents of racism would be treated seriously and appropriately in line with North Ayrshire Council’s Code of Conduct and Disciplinary procedures. All registered social service workers and employers in Scotland are bound by the SSSC Codes of Practice. The Scottish Social Services Council (SSSC) treats racism and discrimination as severe breaches of its professional standards, which can lead to Fitness to Practice investigations, suspension or permanent removal from the register.” Councillor Stalker left the meeting at this point. (8) a question by Councillor Todd Ferguson to the Cabinet Member for Green Environment and Economy in the following terms: "What assessment has the Cabinet Member made of the economic, environmental and infrastructure impacts of proposed data centre developments in North Ayrshire?” Councillor Collier thanked the Member for his question and responded in the following terms: “The assessment of such developments is through the planning process. There are currently no live planning applications for data centre developments in North Ayrshire and, as such, no formal assessment of the economic, environmental or infrastructure impacts of proposed development has been undertaken at this stage. However, any future proposals will be subject to a robust statutory assessment process. This includes consideration against the Development Plan—comprising National Planning Framework 4 (NPF4) and the Council’s Local Development Plan— as well as environmental assessment requirements, including Environmental Impact Assessment (EIA) where applicable. EIA considers a range of factors including Energy & Climate, Water Environment, Air Quality, Noise, Land & Soils, Biodiversity, Population & Human Health, Traffic & Transport, Landscape & Visual, Material Assets & Infrastructure, Cultural Heritage and Cumulative Effects. An EIA Scoping Report was submitted to the Council in February 2026 in respect of a potential development at Hunterston. The Council, in consultation with statutory bodies, has determined that any future planning application for that proposal would require a full EIA, with the scope of assessment defined through that process. NPF4 recognises the potential national significance of “green” data centres and sets out relevant considerations, including renewable energy use, energy efficiency, water consumption and heat re-use. These factors, alongside wider infrastructure capacity and local impacts, would form a core part of any assessment. 23
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PUBLIC INFORMATION PUBLIC INFORMATION Any future planning application will be subject to statutory consultation and must provide sufficient information to enable full consideration of all material impacts, including economic benefits, environmental effects and infrastructure requirements, before any decision was taken.” As a supplementary question, Councillor Todd Ferguson referenced the 2 potential data centres proposed for North Ayrshire and asked if we were taking a proactive approach to ensure that all necessary strategic testing was undertaken moving forward? Councillor Collier advised that any future planning applications require to give 12 weeks’ notice to the Council as the Planning Authority, with strict pre-applications consultations with the public, including a minimum of two public meetings. Councillor Collier further advised that views of the community would be taken into account on any applications and referred to the global impact of data centres. (9) a question by Councillor Foster to the Cabinet Member for Communities, Housing and the Islands in the following terms: "Is the Forum site in Irvine now safe?” Councillor Hill thanked the Member for his question and responded in the following terms: “The Forum site is in the final stages of being made safe and the area is anticipated to be reopened to the public and adjacent businesses before the end of July 2026.” As a supplementary question, Councillor Foster asked what the plans were for cost recovery given the Forum site was privately owned? Councillor Hill advised that North Ayrshire Council would take all possible steps to recover any sums available. (10) a question by Councillor Marshall to the Cabinet Member for Education in the following terms: "In March 2026 I raised the issue of the continual rise in case of violence and aggression in NAC schools and was assured that our " aim is to ensure safe inclusive learning environments where aggression and violence and neither tolerated nor normalised and where the well-being of pupils and staff is paramount” For the edification and consolation of School Staff can the Cabinet Member give three examples of aggressive and violent behaviours in schools which cross acceptable boundaries naming the boundary in each and also in each case what are the Consequences?” Councillor Johnson thanked the Member for his question and responded in the following terms: 24
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PUBLIC INFORMATION PUBLIC INFORMATION “Examples of unacceptable behaviour might include verbal abuse, physical assault, destruction on property, aggression and intimidation. However, it would be neither helpful nor responsible to map these to specific consequences, as incidents can vary significantly in nature, severity, context, age and stage of the child or young person, and any additional support needs or other relevant circumstances. A simplistic list risks creating confusion rather than clarity. The key point is that consequences are not optional where aggression or violence occurs, but neither should they be treated as one-size-fits-all. When used effectively, consequences are proportionate, predictable and tailored to the individual child. Our responsibility is to ensure that every incident is taken seriously, responded to appropriately, and followed through in a way that protects staff, supports children and young people, and maintains order and safety in our schools.” Councillor Davidson left the meeting at this point. (11) a question by Councillor McLean to the Cabinet Member for Health and Social Care in the following terms: "How many of North Ayrshires Social Work policies had to be revised or changed after the Scottish Government's anti-racism action plan?” The Leader of the Council thanked the Member for his question and responded in the following terms: “While the Scottish Government’s Anti-Racism Action Plan for the Social Work Sector (2025–27) provides a clear national direction, the action plan outlines the need for enhanced learning and cultural changes rather than policy amendments. Our existing framework is already underpinned by equality and human rights legislation, alongside local equality outcomes and guidance, as well as workforce adherence to the SSSC Codes of Practice and the Health and Social Care Standards, which set clear expectations around dignity, respect, inclusion and non- discrimination. In this context, the emphasis locally has been on strengthening how these standards are applied in practice. Our current anti racist practice training supports this by building awareness, encouraging reflection on bias and privilege, and promoting culturally responsive, inclusive approaches in daily practice.” As a supplementary question, Councillor McLean asked if the Leader of the Council agreed that the Social Services department and its staff by extension were not institutionally or structurally racist? The Leader of the Council advised that the Council has a statutory role, as does the Chief Social Work Officer, including responsibility for professional practice as raised by the Member. The Leader further advised that the Chief Social Work Officer had not raised any concerns in this regard and remained focused on ensuring the delivery of services in a legally and ethically compliant manner in North Ayrshire. Councillor D.L Reid left the meeting at this point. 25
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PUBLIC INFORMATION PUBLIC INFORMATION (12) a question by Councillor Todd Ferguson to the Cabinet Member for Communities, Housing and the Islands in the following terms: "What confidence does the Cabinet Member have that the Scottish Government’s ferry replacement programme is delivering value for money for North Ayrshire residents?” Councillor Hill thanked the Member for his question and advised that the matter was not within the control of North Ayrshire Council. He noted that the Scottish Government, Transport Scotland, CalMac and Caledonian Maritime Assets Limited (CMAL) were now working on a ferry replacement plan, and that the acquisition of Ardrossan Harbour had now taken place. He further advised that works on the new ferry slip at Cumbrae were well underway, including the provision of a waiting room and toilets. The Largs to Cumbrae route would also benefit from the ferry replacement programme as additional vessels come into service Councillor Hill further advised that he was confident a robust ferry service would be in place in the future and expressed hope that the service would be significantly improved over the next year. As a supplementary question, Councillor Todd Ferguson urged the Cabinet Member to use whatever influence was available to impress upon the relevant bodies the need to begin delivering for island communities. Councillor Hill advised that the Council would continue to press for new and improved services for island communities. (13) a question by Councillor Montgomerie to the Cabinet Member for Communities, Housing and the Islands in the following terms: "To get an update on the dashboard for housing allocations?” Councillor Hill thanked the Member for his question and responded in the following terms: “As advised at the Council meeting on 17 September 2025, housing officers have been progressing the development of a Housing Demand and Allocations Dashboard, which will enable North Ayrshire Common Housing Register applicants to view the number and location of housing allocations made in their areas of interest. The dashboard is at the final stages of development and is currently being validated by the Council’s Common Housing Register team. In relation to public access, the North Ayrshire Housing Register Strategic Working Group will meet again on 25 June, to formally agree the approach and timescales for publishing the housing demand and allocations information on a regular basis. 26
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PUBLIC INFORMATION PUBLIC INFORMATION Subject to partners’ agreement at the meeting on 25 June, it is anticipated that the initial 2025/26 information will be published on the NAHR website during August 2026.” As a supplementary question, Councillor Montgomerie asked how many applicants had received discretionary points in the last 3 years, the governance arrangements in place for approving the awards and would information about any award of discretionary points be incorporated into the proposed dashboard? Councillor Hill advised that North Ayrshire Council does not award discretionary points to Housing applications, points were awarded based on assessed housing need in line with approved housing allocations policy. Councillor Hill further advised that Group 2 was used for applicants with an agreed strategic housing need, and that all applications placed in Group 2 required approval from the Head of Service or a designated Senior Manager for Registered Social Landlord (RSL) partners. He noted that there were currently 36 applicants in Group 2, comprising 13 cases not covered by policy, 5 subject to demolition, 1 foster parent in North Ayrshire, 2 requiring care and support following discharge from hospital, 1 requiring care and support following discharge from another institution, and 14 requiring care and support on leaving care. Councillor Montgomerie left the meeting at this point. (14) a question by Councillor Marshall to the Cabinet Member for Health and Social Care in the following terms: "The Health and Social Care Partnership has made the decision to only fund constituents whose need is defined as “critical”. Can you please define “critical”? The Leader of the Council thanked the Member for his question and responded in the following terms: “The Integration Joint Board made the decision on 13th March 2026 to implement a revised Eligibility Policy for adult social care services establishing a Critical Only funding threshold for ongoing supports. The Policy came into effect from 1st April. The definition of Critical is included within the policy: By Critical Risk this means the presence of indicators that there are major risks to an individual’s independent living or health and well-being and likely to call for the immediate or imminent provision of social care services such as: • immediate/likely danger to life or serious deterioration in health/safety; • serious self-neglect or inability to carry out vital personal care where no safe alternative exists; • severe risk of abuse/harm or exploitation requiring urgent protective action; • breakdown of essential care/support arrangements leading to unsafe situation; • immediate risk of admission to hospital/care home that could be avoided only through urgent provision of support. 27
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PUBLIC INFORMATION PUBLIC INFORMATION This applies from 1st April 2026 to all new assessments and to existing service users at their next review.” “As a supplementary question, Councillor Marshall asked whether the Leader of the Council agreed that the information should be made widely available to the public in order to manage expectations? The Leader of the Council advised that all individuals in receipt of care had been fully informed of the current position. (15) a question by Councillor McLean to the Leader of the Council in the following terms: "Can the Leader of the Council explain and advise on why you have instigated an investigation into complaints regarding the Vineburgh community centre, its SLA and management?” The Leader of the Council thanked the Member for his question and advised that, due to the ongoing investigation, he was unable to comment further. As a supplementary question, Councillor McLean what were the terms and scope of the investigation? The Leader of the Council advised he was unable to comment on the matter. (16) a question by Councillor Todd Ferguson to the Leader of the Council in the following terms: "Does the Leader believe his administration’s decision to vote against granting the Freedom of North Ayrshire to The Royal Regiment of Scotland reflected local opinion?” The Leader of the Council thanked the Member for his question and advised that it would not be appropriate to grant a blanket honour to any organisation, adding that he believed this view would be supported by the public. As a supplementary question, Councillor Todd Ferguson referred to the work undertaken by the Royal Regiment of Scotland in North Ayrshire and asked whether the Leader of the Council agreed that the contribution of Armed Forces personnel, both serving and veterans, was something North Ayrshire should be proud of? The Leader of the Council advised that his own father had served in the Second World War and that he would not question anyone’s Armed Forces service. He further advised that the issue was not about the organisation itself, but about the appropriateness of granting blanket honours. 28
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PUBLIC INFORMATION PUBLIC INFORMATION (17) a question by Councillor Currie to the Cabinet Member for Communities, Housing and the Islands in the following terms: "What progress has been made on the redevelopment of Ardrossan Harbour since the harbour was brought into public ownership?” Councillor Hill thanked the Member for his question and responded in the following terms: “The Harbour was brought into public ownership on 18 March 2026 and is now managed by Caledonian Marine Assets Limited. We understand that their immediate focus has been on three areas. Firstly, the transfer of statutory harbour authority rights and obligations from Ardrossan Harbour Company Limited to CMAL. This was achieved via a Harbour Revision Order approved by Scottish Ministers which took effect on 17 June 2026. Secondly, a programme of initial works to help secure the continued operation of the harbour while preparatory work is undertaken for redevelopment, including: i. Mooring bollard refurbishment ii. Various fencing and gate installations including low-level pedestrian barriers iii. Concrete repairs to copes on the Arran Berth iv. Replacement of lifebuoy equipment v. Replacement of selected quay ladders (underway w/c 15 Jun 2026) vi. Replacement of berthing fenders on Arran Berth and Winton Pier Thirdly, reviewing previous designs with CalMac to assess their continued suitability and preparing to procure design services. Subject to confirming the preferred marine design, they will progress design work for wider aspects of the site including the terminal building, passenger access, civil engineering works etc. and initiate the various licensing and consenting processes required. In addition, they have agreed Heads of Terms with Clyde Marina for a lease to facilitate its continued use of the boatyard on a long-term basis; this allows use of some of the space temporarily to support the redevelopment. CMAL and Transport Scotland attended CalMac’s recent in-person consultation event on Arran and answered questions from residents about the approach and their hopes and concerns for the Ardrossan ferry terminal. Further sessions will be held in Ardrossan and on the island later in the year to give the public and key stakeholders the chance to review plans once prepared.” As a supplementary question, Councillor Currie asked if there were plans for the Harbour working group to meet in the near future? 29
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PUBLIC INFORMATION PUBLIC INFORMATION Councillor Hill advised that Caledonian Maritime Assets Limited (CMAL) would shortly establish a reference group, which would include representation from the Council to support joint interests, and that Councillor Currie would be advised once a date for the meeting had been set. (18) a question by Councillor Marshall to the Cabinet Member for Health and Social Care in the following terms: "Can the Cabinet Member update me for both the Care at Home Service and Care Home placements the numbers that: 1. are receipt of each service 2. are on a waiting list to be assessed for each service 3. are on a waiting list having been assessed for each service” The Leader of the Council thanked the Member for his question and responded in the following terms: “The numbers of service users are noted below: 1. are receipt of each service: - Care at Home Service Users 1,826 and Care Home Placements 800 2. are on a waiting list to be assessed for each service: - 295 people awaiting a new social care assessment, the assessment would determine if eligibility criteria met and the care plan recommended, ie this could be care at home or care home. New referrals for assessment are received on a daily basis. 3. are on a waiting list having been assessed for each service: - Care at Home 148 and Care Home Placements 72 This includes all individuals whether in the community or hospital.” As a supplementary question, Councillor Marshall asked about the projected trajectory of the figures over the next 12 months? The Leader of the Council advised he would be unable to comment on this. (19) a question by Councillor Murdoch to the Cabinet Member for Finance in the following terms: "Can the Cabinet Member please provide details of any occasion when the SNP Cabinet have not accepted North Ayrshire Council Officers Legal Advice?” Councillor Larsen thanked the Member for his question and advised that any discussions between Cabinet and Officers were confidential, and she would be unable to comment further on this. 30
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PUBLIC INFORMATION PUBLIC INFORMATION As a supplementary question, Councillor Murdoch asked whether it was appropriate for Elected Members to be challenged when they followed legal advice from Council officers that a funding application did not satisfy the award criteria? On a point of order by Councillor Larsen in terms of Standing Order 14.4, it was advised that the supplementary question must arise directly from the answer given to the original question. Councillor Montgomerie rejoined the meeting remotely as this point. (20) a question by Councillor Marshall to the Cabinet Member for Finance in the following terms: "One notes the decline in business employment and the continued deterioration in the retail environment in our town centres. For each of the financial years 2025/26 and 2026/27 can the Member list the total rateable value for Businesses in North Ayrshire, the poundage applied and the total amount of rates billed for collection?” Councillor Larsen thanked the Member for his question and responded in the following terms: “The total rateable value for businesses in North Ayrshire for 2025/26 was £94.2million and £94.4million for 2026/27. In 2025/26 the poundage applied was across 3 rateable value thresholds, including 49.8p for properties with a rateable value of up to £51,000, 55.4p for properties with a rateable value between £51,001 and £100,000 and 56.8p for properties with a rateable value of more than £100,000. In 2026/27 the poundage levels reduced to 48.1p, 53.5p and 54.8p across the same rateable value thresholds. When applying the poundage levels to the rateable values across all North Ayrshire businesses, the gross billing amount for rates totalled £51.1million in 2025/26 and £49.5million in 2026/27. These figures do not include the various reliefs that are available for businesses, including Small Business Bonus Scheme Relief. From the Scottish Government publication of non-domestic rates reliefs at the end of November 2025, approximately 75% of properties in North Ayrshire receive relief and this represents around 26% of the total rates bill.” As a supplementary question, Councillor Marshall asked whether the Cabinet Member would consider introducing a one-year rates relief scheme for new retail businesses that do not qualify for the Small Business Bonus Scheme? Councillor Larsen advised that policy was not set by the Council, noting that rateable values were determined by the Assessor and poundage by the Scottish Government, and accordingly the Council had no control over the policy. On a point of order, Councillor Gurney, sought clarification on the participation by remote attendees. The Provost requested that Councillor Montgomerie rejoin the meeting once appropriate to do so. Councillor Montgomerie declined to leave the meeting and remained as a remote participant. 31
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PUBLIC INFORMATION PUBLIC INFORMATION (21) a question by Councillor Murdoch to the Cabinet Member for Green Environment and Economy in the following terms: "Can the Cabinet Member please provide an update on what is planned for the old Brisbane Primary School in Largs?” Councillor Collier thanked the Member for his question and responded in the following terms: “The site is currently classified as a surplus property asset and is being managed accordingly by the Council’s Property Management & Investment service. Following confirmation that the business case for the potential self-build project was not viable, the site has previously been identified within the Council’s potential capital receipt programme and is currently under consideration as part of the Council’s ongoing review of land and property. Should any proposals for the future use of the site be developed, these will be subject to the appropriate governance processes, including Member consideration where required. In the meantime, the Council is taking appropriate steps to ensure the site remains safe and appropriately maintained through the instruction of grounds maintenance works via Streetscene, including grass cutting and general site upkeep, with operatives mobilised as required.” As a supplementary question, Councillor Murdoch asked whether the Cabinet Member agreed that the self-build project had never been viable and that the opportunity presented by this prime site should be maximised? Councillor Collier advised that the build project was disappointing but had been interrupted by COVID-19 and that a post-COVID assessment determined that the project was not financially viable and was no longer an option. She further advised that a review was currently being undertaken to assess the land value and maximise the potential of the site, with any proposals to be brought forward in due course. Councillor Robertson left the meeting at this point. 32
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PUBLIC INFORMATION PUBLIC INFORMATION 17. Motions In terms of Standing Order 15, submitted: (1) a motion by Councillor Foster, seconded by Councillor Hume, in the following terms: “That full council agrees that there will be a full review of the capital programme during the 2027/28 budget process. To prepare the review, including any lessons learned and learn from previous mistakes, council instructs officers to bring a report to full council detailing every delayed and overbudget capital project over this term (starting May 2022), and the impact this has had on financing the programme”. Members asked questions of clarification of the movers of the motion. At the invitation of the Provost, the Chief Executive provided clarification on the budget process and the arrangements undertaken during consultation with Elected Members. As an amendment, Councillor Larsen, seconded by Councillor Collier, moved the direct negative. There followed debate and summing up. On a division and roll call vote, there voted for the amendment, Councillors Burns, Collier, Dickson, Gurney, Hill, Johnson, Larsen, McClung, McTiernan (9) and for the motion, Councillors Angus-McDonald, Bell, Cullinane, Currie, S. Ferguson, T. Ferguson, Foster, Hume, Inglis, Marshall, McLean, Murdoch, D Reid, Stephen and Sweeney (15) and the motion was declared carried. On a point of order, Councillor Gurney sought clarification regarding Councillor Montgomerie’s participation in the vote. The Provost confirmed that Councillor Montgomerie’s vote would not be taken into account. Accordingly, the Council agreed as follows: That full council agrees that there will be a full review of the capital programme during the 2027/28 budget process. To prepare the review, including any lessons learned and learn from previous mistakes, council instructs officers to bring a report to full council detailing every delayed and overbudget capital project over this term (starting May 2022), and the impact this has had on financing the programme. 18. Provost’s Closing Remarks The Provost closed the meeting by wishing Members a good break over the summer recess. The meeting ended at 5:45 p.m. 33
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OFFICIAL INFORMATION OFFICIAL INFORMATION PROVOST’S REPORT For the period covering: 15 June - 6 September 2026 The attached report gives a summary and brief details to Council, of meetings and events attended by the Provost of North Ayrshire Council, Councillor Anthea Dickson. Agenda Item 4 35
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PROVOST’S REPORT • • • 1 OFFICIAL INFORMATION OFFICIAL INFORMATION PROVOST’S REPORT For the period covering: 15 June - 6 September 2026 Since the last meeting of the Council, I have taken part in many events, including: School Show, Garnock Community Campus, 17 June On 17 June, it was a delight to attend the fantastic production of Sister Act, in Garnock Community Campus. The show was a great success filled with plenty of laughs, wonderful singing and some truly memorable performances. It was clear how much hard work and dedication had gone into bringing this brilliant production to life. North Ayrshire Commonwealth Baton Relay Closing Event, Irvine Royal Academy, 18 June On 18 June, I attended the North Ayrshire Baton Relay closing ceremony in Irvine Royal Academy. It was really uplifting to hear how many people were inspired by the Commonwealth Games theme in art and through the focus in sports. Many young people tried out new activities and looked forward to the start of the Games. Beith Citizen of the Year Awards, Beith Bowling Club, 19 June I attended Beith and District Community Council’s Citizen of the Year evening on 19 June in Beith Bowling Club. The evening was full of fun and highlighted the fabulous nominees who have contributed so much to the town over the years. It was a pleasure to present this year’s award to Ian Broughton who is the stalwart behind Garnock Valley Pipes and Drums. Fundraising Concert, New Parish Church, Kilbirnie, 21 June On 21 June, I attended a fundraising concert arranged by Barrmill Jolly Beggars in the New Parish Church in Kilbirnie. A great afternoon of entertainment took place featuring Irvine and Dreghorn Brass Band and the Kilbirnie Parish Choir. The event raised over £1000 for the Kilbirnie Auld Kirk Future Group. 36
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PROVOST’S REPORT • • • 2 OFFICIAL INFORMATION OFFICIAL INFORMATION Mr and Mrs Chow’s Diamond Wedding Anniversary, Irvine, 22 June I visited Mr and Mrs Chow at their home in Irvine to help mark their Diamond Wedding anniversary on 22 June. It was fascinating to hear their story of the 60 years of married life. Armed Forces Day Gathering, Irvine, 27 June On 27 June, I attended and Armed Forces Day service in Irvine. The event commemorated the service men and women serving in our Armed Forces. Veterans, along with the town’s civic groups attended to mark the occasion. Rev. Jamie Milliken led the short service. Ayrshire Film Company – Community Film Screenings, Take a Bow, Kilmarnock, 1 July On 1 July, Ayrshire Film Company premiered four films by three different groups at Take a Bow in Kilmarnock. It was fascinating to hear about the mixture of fun, creativity and challenges involved in taking an initial idea and developing it through all the stages of production to create a complete film ready for an audience to enjoy. Duke Of Edinburgh 70th Anniversary Awards, Palace of Holyrood, Edinburgh, 3 July I attended the Duke of Edinburgh 70th Anniversary Awards at the Palace of Holyrood in Edinburgh on 3 July. It was a very proud day for some of our Gold Award achievers in North Ayrshire and their families and support team. North Ayrshire Open Art Exhibition, Eglinton Country Park, Irvine, 3 July I attended the North Ayrshire Open Art Exhibition, which is now in its 30th year. The event, which took place in the Raquet Hall in Eglinton Country Park, attracted a great number of entries and showcased the talents of many local artists. The Exhibition run entirely by volunteers has become a key event for artists in the area, providing an important opportunity for them to display and celebrate their work. Davd Muir Book Launch, Largs Library, 6 July David Muir from Brisbane Australia visited Largs Library on 6 July to launch his latest book. He met with local groups to promote and develop the links between Brisbane and Largs and the connection with Sir Thomas Makdougall Brisbane, born in Largs for whom the city of Brisbane is named. 37
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PROVOST’S REPORT • • • 3 OFFICIAL INFORMATION OFFICIAL INFORMATION Mrs Catherine Sloan 100th Birthday, Irvine, 8 July I was delighted to help mark Mrs Sloan’s 100th birthday on 8 July. Friends and family gathered in Irvine Golf Club to celebrate this milestone. Film Screening, Island Gem Shines Again, Millport Town Hall, 18 July On 18 July, in Millport Town Hall, I was delighted to attend the screening of Island Gem Shines Again, by Kay Starr TV. The film captured the excitement and achievement of the trustees at the opening of the newly restored Millport Town Hall. Clan Hunter Gathering, Hunterston Castle, Hunterston Estate, West Kilbride, 24 July On 24 July, I attended the Clan Hunter Gathering at Hunterston Estate in West Kilbride. Various ceremonies took place on the day including the appointment of a new chieftain and new Depute Macer Venatorus as well as the rededication of the Hunter Bearing Sword and the signing of a bond of friendship with the clans McEwan, Irving, Grant and Carruthers. Provost’s Visit, Carers Gateway, Irvine, 29 July On 29 July, I paid a visit to Carers Gateway for North Ayrshire at their new office. The new premises are spacious, and versatile for many activities as well as adding to the wellbeing of staff. With many challenges being faced it was great to hear of the positivity as to how to support carers. Licensing Service, St Columba’s Episcopal Church, Largs, 29 July On 29 July, I attended the licensing service of Reverand Sean McEwan by the Rt, Reverand Dr Bundock at St Columba’s Scottish Episcopal Church in Largs. This was a joyful service in a stunning church which was welcoming to all. Three Towns Growers Open Day, Elm Park, Ardrossan, 1 August On 1 August, I attended the Three Town Growers Open Day at Elm Park Ardrossan. The event was full of fun, food and celebration, providing a wonderful opportunity to recognise the achievements of the Group. It was fantastic to see the event continuing to grow in popularity and confidence each year. 38
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PROVOST’S REPORT • • • 4 OFFICIAL INFORMATION OFFICIAL INFORMATION Irvine Burns Club Bi-Centenary Exhibition, Wellwood Burns Centre, Irvine, 6 August On 6 August, at Wellwood Burns Centre and Museum, Irvine, I was delighted to attend Irvine Burns Club’s Bi-Centenary Exhibition. It was fantastic to see Robert Burns in this digital age where his life and works were being brought back to life. It was a pleasure to meet Jimmie MacGregor, who kindly gifted etchings of some of Burns poems to the Museum. New Marks and Spencer Food Hall Opening Event, Largs, 13 August On 13 August, I was delighted to cut the ribbon and officially open the new Marks and Spencer store in Largs. There was great excitement at the event as we welcomed the very first customer through the doors. Marymass Festival, Irvine, 13-24 August This year’s Marymass Festival was an overwhelming success with a fantastic range of events taking place from 13 -24 August and attracting thousands of people from across the area. I was delighted to officially open the festival at a special ceremony on 13 August at Irvine Townhouse. It was a wonderful opportunity to celebrate the start of what proved to be a fantastic programme of events. On 17 August, the Marymass Queen and her Marys visited me in Cunninghame House. I enjoyed hearing about their ambitions for the future and learning more about what the festival means to them. On 22 August the Depute Provost and I welcomed guests to a special reception held in the Townhouse, followed by a luncheon reception on Irvine Moor. All of Irvine’s civic organisations were represented, alongside a number of community organisations and dedicated volunteers. The event was a chance to celebrate the festival and most importantly the many community organisations and volunteers who give their time freely to help make Marymass Festival such a success. Over £800 was raised for the Marymass Committee on the day, which will go towards the costs of next year’s event. Trindlemoss Graduation Ceremony, Riverside Lodge Hotel, Irvine, 20 August On 20 August, I was delighted to attend the Trindlemoss Graduation Ceremony in the Riverside Lodge Hotel, Irvine. The graduates certainly celebrated in style marking the end of a successful year. It was wonderful to see their work and achievements recognised. 39
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PROVOST’S REPORT • • • 5 OFFICIAL INFORMATION OFFICIAL INFORMATION Author Event, Silver Guide of Sadie Grey, Barony Centre, West Kilbride, 21 August On 21 August, I attended an author event in the Barony Centre, West Kilbride where Franzeska Ewart launched her new novel, The Silver Guide of Sadie Grey. We heard all about the story, which is set in Lanzarote, and it was wonderful to hear more about the inspiration behind the book. This was a great opportunity to celebrate and promote local talent. Official Steel Signing Ceremony, New Ardrossan Community Campus, 27 August On 27 August, I attended the steel signing ceremony at Ardrossan Community Campus. The setting was stunning and the design of the new campus is already looking very impressive. It was exciting to see the progress being made and to see the reality of this important project taking shape. The new campus will provide a significant boost to teaching facilities and community space, creating opportunities for pupils, staff and the wider community for many years to come. Largs Viking Festival Opening Ceremony, Largs, 29 August It was pleasure to attend the opening of this year’s Viking Festival in Largs on 29 August. This marked the start of an exciting eight-day event programme filled with entertainment and special events. The celebrations culminated on 5 September with the spectacular Festival of Light, featuring a battle re-enactment, the dramatic burning of a longship and an impressive fireworks display. I was delighted to host a reception to mark the beginning of the festival and more importantly to recognise and thank the Festival Committee. Their hard work and commitment are what make this wonderful event possible year after year. Official Opening of the Robert Burns Garden, Eglinton Park, Irvine, 30 August I attended the unveiling of the new Robert Burns Garden in Eglinton Park on 30 August to celebrate the 200th anniversary of the formation of Irvine Burns Club. Located within the courtyard the garden has been inspired by the life and works of Robert Burns and contains flowers and plants that Burns refers to in his poetry and songs. RSNO Event, Montgomerie Park Primary School, Irvine, 2 September On 2 September, I had the pleasure of attending a delightful musical event at Montgomerie Park Primary School, Irvine. The event featured the animated adventures of Yoyo, accompanied by members of the RSNO, creating a truly memorable experience. Primary 3 40
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PROVOST’S REPORT • • • 6 OFFICIAL INFORMATION OFFICIAL INFORMATION classes from schools in Irvine were invited along to the event and it was great to see the pupils so engaged and enthusiastic as the music and animation brought the story to life. Woodland View 10th Anniversary, Exceptional Service and Recognition Awards, Irvine, 2 September On 2 September, I had the pleasure of taking part in the celebration of 10 years of Woodland View at their awards ceremony for exceptional service and recognition. We celebrated a decade of support, compassion and progress recognising the people who make Woodland View what it is today. The event showcased the fantastic work of frontline staff, volunteers, and those behind the scenes, whose dedication and commitment has made such a positive difference over the past ten years. DYW Ayrshire Innovative Project Launch, Auchenharvie Academy, Stevenston, 4 September On 4 September, I was delighted, alongside the Lord Lieutenant, to launch a new DYW Ayrshire initiative at Auchenharvie Academy. The initiative is a roofing project designed to provide young people with valuable hands-on experience, develop their employability skills and give them an insight into the construction industry. We heard about the impact of the Innovative Projects Fund and how the fund has now supported over two hundred projects across Ayrshire. Following the launch, we visited Lockhart Campus to see first-hand the wide range of innovative projects funded through the programme. Councillor Anthea Dickson Provost North Ayrshire Council 41
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Official Information Official Information LEADER’S REPORT For the period covering: 15 June – 6 September 2026 The attached report gives a summary and brief details to Council, of meetings and events attended by the Leader of North Ayrshire Council, Councillor Anthony Gurney. Agenda Item 5 43
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LEADER’S REPORT • • • 1 Official Information Official Information LEADER’S REPORT For the period covering: 15 June – 6 September 2026 AYRSHIRE ECONOMIC JOINT COMMITTEE SUB COMMITTEE AYRSHIRE SKILLS INVESTMENT FUND, 15 June On 15 June, I attended an online meeting of the Ayrshire Economic Joint Committee (AEJC) Sub Committee Ayrshire Skills Investment Fund (ASIF). ASIF is part of the Ayrshire Growth Deal (AGD), aiming to enhance skills for innovation and inclusive growth, boosting Ayrshire’s economy and creating lasting job opportunities. The Sub Committee were asked to consider various proposals for grant awards for 2025/2026. ASIF launched in October 2023 with £3.5 million provided to address skills gaps, aiming to upskill 1,000 residents by 2028 in engineering, digital, visitor economy and clean growth, focusing on priority groups including females, young people, people in low-paid employment, people with long-term disabilities and health conditions. The Sub Committee were also provided with an update on the IGNITE Industry Course and an update on the ASIF Employer Grant. HIGHVIEW MEETING, 17 June On 17 June, together with North Ayrshire Council (NAC) Cabinet Member for Green Environment and Economy Councillor Eleanor Collier, Chief Executive Craig Hatton and Director for Regional Economy, Louise Kirk, I met with the senior team of Highview Power. Highview Power is a solutions-led energy infrastructure business that develops technologies that help power grids around the world transition to net zero. As the UK, and other countries, transition to clean energy systems, the need to store electricity has grown. Long duration energy storage (LDES) has evolved as one of the most important supporting technologies in the energy transition. Hunterston will be the site of Highview’s first “Millennium Series” hybrid, grid stability and long duration energy storage platform. Built in two phases, it will operate to provide stability services to the grid from 2027, essential to enable utilization of renewable energy. The site at Hunterston PARC is designated as a Strategic Development Area in the Scottish Government’s National Planning Framework 4 and forms a key part of the Ayrshire Growth Deal (AGD). 44
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LEADER’S REPORT • • • 2 Official Information Official Information NORTH AYRSHIRE COMMONWEALTH BATON RELAY CLOSING CEREMONY, 18 June On 18 June I attended a ceremony to celebrate the North Ayrshire Commonwealth Baton relay leg coming to an end. Held at Irvine Royal Academy, the event celebrated the participants who took part and those who organised the event, including members from our NA Active Schools Team. Well done to everyone who took part and for sharing their enthusiasm with everyone who attended to show their support as the baton made its way through North Ayrshire. AYRSHIRE ECONOMIC PARTNERSHIP BOARD SPECIAL MEETING, 22 June On 22 June, I attended a special meeting of the Ayrshire Economic Partnership Board (AEPB) where attendees discussed the Draft Ayrshire Growth Deal (AGD) Annual Report (April 2025 – March 2026). Board members were asked to note progress of the accumulative activities from the date of AGD signing (19 November 2020) to 30 March 2026. This includes a report on the end of the financial 2025/26 year position. The Ayrshire Growth Deal Annual Report is an annual requirement from UK Government and Scottish Government laid out in the Grant Offer Letter and is an opportunity to share progress with members and other stakeholders. It also provides a baseline for discussions with the Government at the Annual Conversation. The last Annual Conversation took place in March 2026, with an expectation of the next one being undertaken in the new year. AYRSHIRE ECONOMIC JOINT COMMITTEE SPECIAL MEETING, 22 June Following on from the Ayrshire Economic Partnership Board special meeting on 22 June, I attended a meeting of the Ayrshire Economic Joint Committee (AEJC). The same points were covered as those discussed at the AEPB held on 22 June, including a report on the 2025/26 financial year end position. Attendees also received a progress report on the various projects which form part of the Ayrshire Growth Deal. 45
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LEADER’S REPORT • • • 3 Official Information Official Information 1000th NEW HOME BUILT IN NORTH AYRSHIRE, 25 JUNE On 25 June, I visited the new housing development at the old Garnock Academy in Kilbirnie to mark the completion of North Ayrshire Council’s 1000th newly built home. This landmark achievement came as the first tenants started moving into the brand-new development of 50 modern and energy-efficient homes which also feature a mix of general housing, amenity bungalows and specially designed homes for wheelchair users. The completion highlights what is widely recognised as one of the largest and most ambitious council house building programmes anywhere in Scotland. COSLA LEADERS’, 26 June On 26 June, I attended a meeting of COSLA Leaders to discuss a packed agenda including the following items: - Breakfast Clubs - Asylum Accommodation - Reducing Class Contact Time (RCCT) - Local Government Finance Update - National School Swimming Offer - Public Service Reform - Scottish Attainment Challenge - £15 per Hour The Local Government Finance Update report provides Leaders with an update on three areas – Council Tax Reform High Value Property bands, flood risk and resilience capital funding and the continued work around a General Power of Competence. The new bands for Council Tax will take effect from 1 April 2028 and they will be created above the current highest band. CABINET VISIT TO ARRAN, 9 & 10 July On 9 and 10 July, together with North Ayrshire Council Cabinet Members, I visited Arran to meet with various community groups, organisations and individuals to hear more about the ongoing local developments and community projects which are making a difference to the lives of residents. 46
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LEADER’S REPORT • • • 4 Official Information Official Information The itinerary included visits to the Arran Outdoor Education Centre, the Kildonan Community Café and Shop, Brodick Tennis Club, the new electric bike charging station in Brodick and Brodick Hall. Some of these have seen recent investment which has enabled the following: • Kildonan Community Café & Shop: Benefited from £25,000 in Scottish Government funding supporting the National Islands Plan. This initiative is part of a broader £800,000 package shared across 16 initiatives on 12 Scottish islands to safeguard local economies and combat depopulation. • Brodick Hall: Following its role as the setting for the autumn meeting of the Convention of the Highlands and Islands in November 2025, the facility received £323,925 from the Scottish Government’s Islands Programme. The investment has successfully transformed the space into a modern, fit-for-purpose Island Hub at the heart of the community. • Brodick Tennis Club: Upgraded through an investment of more than £150,000 via the UK Government and LTA Tennis Foundation Parks Project, alongside contributions from KA Leisure and the Scottish Government’s Place Based Investment Programme (managed by North Ayrshire Council). The revamp includes comprehensive resurfacing, new fencing, and modern gate-access technology, complementing wider efforts to restore the nearby Bowling Pavilion and Green. Cabinet members met with local campaigners led by Howard Wood, one of the foremost champions of the marine environment in the Clyde. They also had a productive meeting with local Arran Councillor Charles Currie to discuss core priorities for the island. I would like to thank all the individuals we met with for taking the time to meet with us and share their thoughts with us. AYRSHIRE ECONOMIC PARTNERSHIP BOARD MEETING, 21 August On 21 August, I attended a meeting of the Ayrshire Economic Partnership Board (AEPB) where members received an update on the progress of the Ayrshire Growth Deal (AGD) and received an update on the AGD Programme Risk Register up until the end of July 2026. Members also discussed a report on the proposal for a National Park in the south-west of Scotland. This is a collaborative proposal between Dumfries and Galloway Council, East Ayrshire Council and South Ayrshire Council. A National Park would have the potential for the following positive outcomes: 47
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LEADER’S REPORT • • • 5 Official Information Official Information - increased visitor flows into Ayrshire; - enhanced regional tourism branding; - access to national funding streams; - strengthened natural capital investment opportunities; - stronger links to biosphere and forest park initiatives. AYRSHIRE ECONOMIC JOINT COMMITTEE SPECIAL MEETING, 21 August Later on 21 August, I also attended a special meeting of the Ayrshire Economic Joint Committee (AEJC). Members received an update on the Ayrshire Growth Deal (AGD) programme up until the end of June 2026 and an update on the AGD Programme Risk Register. Members were also updated on progress with the Ayrshire Energy Masterplan. Members were asked to endorse the final version of the Masterplan prior to its publication and to note that the Clean Growth workstream will be reconvened to oversee the implementation phase over the next five years. MARYMASS SATURDAY, 22 August I was delighted to go along to Marymass Saturday on 22 August and see the crowning ceremony of the Marymass Queen, Lucé Cardle. I took part in the parade up to Irvine Moor and attended the Provost’s Reception and lunch. My thanks to Provost Anthea Dickson for a lovely afternoon and my congratulations to the Royal Marymass Party who have performed their duties so well as part of the longstanding, local traditions of Irvine. ACCOUNTS COMMISSION ANNUAL REVIEW 2025/26, 26 August On 26 August, the Accounts Commission published their Annual Review for 2025/26. The past financial year has continued to present significant challenges across local government in Scotland however, I am delighted and proud to say that North Ayrshire Council was commended and mentioned in the review. The Accounts Commission stated, “Our Best Value reviews of North Ayrshire and Argyle and Bute Councils highlighted approaches to change, innovation and use of technology that others could learn from”. 48
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LEADER’S REPORT • • • 6 Official Information Official Information ARDROSSAN STEEL SIGNING EVENT, 27 August On 27 August, I was delighted to be invited along to the Steel signing event at the new Ardrossan campus. The new Ardrossan Campus is a £124.6 million investment which has been designed to be welcoming and accessible to all; supporting people at every stage of life. It will replace Ardrossan Academy and Winton Primary with a fully integrated facility, purpose- built to support early years, primary, secondary and ASN learners in one cohesive setting. Importantly, the design has been shaped through extensive consultation with stakeholders and the local community ensuring that what is being built here truly reflects local needs, aspirations and ambitions; a true shared community asset. The facilities here will include a 25-metre, six-lane swimming pool and learner pool, high- quality sports and fitness provision, a shared library and community café and flexible performance and conference spaces. These are spaces designed to be used not just by pupils, but by the entire community which will support health, wellbeing, culture, and social connection. COSLA LEADERS’, 28 August On 28 August, I attended a meeting of COSLA Leaders to discuss a packed agenda including the following items: - Public Service Reform - Local Government Finance Update - Mental Health and Wellbeing Delivery Plan/ CYP Neurodevelopmental Supports and Services - Breakfast Clubs - National Performance Framework - More Homes Scotland - Distribution - Reform of Zero Hours Contracts – Consultation Response LARGS VIKING FESTIVAL, 29 August On 29 August, I was delighted to attend the Largs Viking Festival and take part in the parade. There was an excellent turnout by the public who enjoyed the festivities. 49
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LEADER’S REPORT • • • 7 Official Information Official Information My thanks again to the Largs Viking Festival Committee for pulling the whole thing together and to Provost Dickson for inviting me along as a guest to the reception after the parade. AYRSHIRE ECONOMIC JOINT COMMITTEE SUB COMMITTEE AYRSHIRE SKILLS INVESTMENT FUND, 1 September On 1 September, I attended an online meeting of the Ayrshire Economic Joint Committee (AEJC) Sub Committee Ayrshire Skills Investment Fund (ASIF). The Sub Committee were asked to consider various proposals for employer grant awards for 2025/2026. ASIF launched in October 2023 with £3.5 million provided to address skills gaps, aiming to upskill 1,000 residents by 2028 in engineering, digital, visitor economy and clean growth, focusing on priority groups including females, young people, people in low-paid employment, people with long-term disabilities and health conditions. The Sub Committee were also asked to approve ASIF IGNITE and SWITCH proposals. This was followed by an ASIF IGNITE Industry course update and an ASIF Ayrshire College update. 1ST TIER JOINT CONSULTATIVE COMMITTEE & CORPORATE HEALTH AND SAFETY GROUP MEETING, 3 September On 3 September, I attended a meeting of the 1st Tier Joint Consultative Committee and the Corporate Health and Safety Group. Attendees received Health and Safety reports from various Directorates including the North Ayrshire Health and Social Care Partnership. 50
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LEADER’S REPORT • • • 8 Official Information Official Information Councillor Anthony Gurney Leader of North Ayrshire Council 51
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NORTH AYRSHIRE COUNCIL 16 September 2026 Council Title: North Ayrshire Community Planning Partnership (CPP) Board: Minute of Meeting held on 2 June 2026. Purpose: To submit the overview of the meeting of the North Ayrshire Community Planning Partnership Board held on 2 June 2026. Recommendation: That Council notes the overview contained in Appendix 1. 1. Executive Summary 1.1 It was previously agreed that the Minutes of the Community Planning Partnership (CPP) Board be submitted to North Ayrshire Council for information. The key matters arising from the minutes have been highlighted for the attention of Council and are detailed in Section 2.1. 2. Background 2.1 An overview of the meeting of the CPP Board held on 2 June 2026 is appended. The meeting included discussion sessions on the Director of Public Health Annual Report 2025 and on Whole Family Support in North Ayrshire and the Wellbeing Alliance. The discussions supported delivery of the Local Outcomes Improvement Plan Wellbeing priority and the CPP's overarching ambition of ‘North Ayrshire: Fair for All’. Meeting of 2 June 2026 Agenda Item 4 The CPP Board participated in two discussion sessions, which are designed to encourage closer dialog, increase understanding of the partners areas of work and provide opportunities for partnership working and support: • Session 1: Director of Public Health Annual Report 2025 The Board received an overview of the Director of Public Health Annual Report 2025 which provides valuable evidence to support partnership planning and delivery. The report highlighted opportunities to improve population health and wellbeing through a continued focus on prevention, early intervention and addressing the wider determinants of health, while recognising the challenges associated with health inequalities, demographic change and increasing demand on services. Agenda Item 7 53
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Discussion emphasised the importance of strong partnership working and building a shared understanding of the role of both universal and targeted approaches in reducing inequalities. The Board noted the report's recommendations and agreed to continue prioritising collaborative preventative action and support for communities most affected by poverty and inequality to improve long-term health and wellbeing outcomes across North Ayrshire • Session 2: LOIP Wellbeing: Whole Family Support and the Wellbeing Alliance The Board received updates on work taking place across North Ayrshire around Whole Family Support, as well as an update on the Wellbeing Alliance. Discussion focused on strengthening preventative, partnership-led approaches to improving wellbeing outcomes across North Ayrshire. Board members considered the opportunities presented through Whole Family Support for the CPP to support system transformation, including more integrated and place- based service delivery, stronger multi-agency working, data sharing, preventative investment and shared accountability for outcomes. The Board also received an update on learning from Phase 1 of the Wellbeing Alliance and discussed the development of a more partnership-led approach. Members noted that significant wellbeing activity is already taking place across partner organisations and that greater impact can be achieved through improved alignment, shared ownership and collaborative working. Discussion also considered how stronger links could be developed between the Whole Family Support and Wellbeing Alliance agendas, with a focus on improving outcomes, reducing poverty and supporting long-term investment in communities. It was agreed that this would be brought back to a future meeting for further discussion. 3. Proposals 3.1 That the Council notes the meeting overview contained in Appendix 1. 4. Implications/Socio-economic Duty Financial 4.1 None. Human Resources 4.2 None. Legal 4.3 None. Equality/Socio-economic 4.4 None. Environmental and Sustainability 54
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4.5 None. Key Priorities 4.6 The CPP activities detailed within this report support the North Ayrshire Local Outcomes Improvement Plan. Community Wealth Building 4.7 None. Islands Communities Impact Assessment (ICIA) 4.8 None. United Nations Rights of the Child (UNCRC) 4.9 None. Consumer Duty 4.10 None. 5. Consultation 5.1 No consultation was required. David W. Hammond Executive Director Communities and Housing For further information please contact Jacqui Greenlees, Senior Manager (Policy, Performance and Community Planning), on 01294 324415. Background Papers Appendix: 1 CPP Board Overview, 3 June 2026 55
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Community Planning Partnership Board 2 June 2026 10am Fullarton ConneXions, Church Street, Irvine Present North Ayrshire Council Cllr Anthony Gurney (Chair) David Hammond, Executive Director Sam Anson, Executive Director (Education) Caroline Cameron, Director (HSCP) Cllr Shaun Macaulay, Elected Member Craig Hatton, Chief Executive Rhonda Leith, Head of Service (Connected Communities) Laura Kayes, Policy Officer (Child Poverty) Claire Coburn, Project Manager (Child Poverty) NHS Ayrshire and Arran Sally Amor Consultant Public Health Lisa Davidson, Assistant Director, Public Health Police Scotland Helen Downie, Chief Inspector Scottish Fire & Rescue Kevin Murphy, Area Commander Ayrshire College Sara Rae, Vice Principal KA Leisure Laura Barrie, Head of Active Communities DWP Pauline Craig, Senior Manager Third Sector Interface Kayleigh Brown, Executive Director, TACT In Attendance Jacqui Greenlees (NAC), Angela Gibson (NAC), Jennifer McGee (NAC) Apologies John Binning (SPT), Dean Anderson (DWP), Vicki Yuill (Arran CVS), Cllr Charles Currie - Elected Member, Cllr John Bell - Elected Member, Cllr Amanda Kerr - Elected Member, Cllr Alan Hill - Elected Member, Cllr Scott Davidson – Elected Member, Cllr Chloe Robertson – Elected Member, Brian Taylor, Place Director, , Lesley Bowie NHS, Gordon James NHS, Rebecca Brown (Scottish Enterprise), Suzanne Chow (Police Scotland), Angela Cox (Ayrshire College), Claire Tooze, Area Manager SDS, Malcolm McPhail, KA Leisure 56
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1. Welcome and Apologies The Chair welcomed everyone to the meeting and apologies for absence were noted. 2. Minute of the Previous Meeting The overview of the Board meeting held on 4 March 2026 was approved. 3. Workshop Sessions The workshop sessions were conducted as plenary discussion. Director of Public Health Annual Report 2025 – Sally Amor, Consultant Public Health, NHS Ayrshire & Arran S Amor provided an update on Growing Well to Live Well: Understanding the Burden of Disease. A copy of the Public Health Annual report 2025 summary was attached to the meeting papers that were circulated prior to the meeting. The presentation highlighted worsening health outcomes in Ayrshire and Arran, including health inequalities, an ageing population, and increasing pressure on health services. It emphasised that health is strongly influenced by social and economic conditions throughout life. Key themes included the impact of deprivation, the long-term effects of deindustrialisation, and the need to focus on prevention across all life stages. The report recommends scaling up universal and targeted preventive approaches, strengthening partnership working, and prioritising support for communities most affected by poverty and inequality. Discussion took place with views shared/comments included that the priority/focus should be on building a better understanding and recognising the benefits of a universal and targeted approach. CPP Wellbeing Workshop Workshop 1 – Whole Family Support in North Ayrshire Laura Kayes, Policy Officer Child Poverty and Claire Coburn, Project Manager Child Poverty L Kayes and C Coburn provided an update on Whole Family Support in North Ayrshire. L Kayes led an interactive activity where Board members scored four statements from 1 to 5, with 1 being ‘not true’ and 5 being ‘fully true across the system’. Members then worked in teams to share their scores and discuss which statement was consistently scored lowest and why. L Kayes handed over to C Coburn who provided an overview of the Whole Family Support (WFS) within the context of North Ayrshire CPP and the LOIP Wellbeing priority. C Coburn outlined the Scottish Government's ambition for person-centred, joined-up, preventative support for families, delivered through stronger partnership working across services. North Ayrshire has been selected as an early adopter local authority, with greater funding flexibility and reduced reporting requirements to support system-wide transformation. Key 57
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implications for the CPP include more integrated and place-based service delivery, stronger multi-agency working, data sharing, preventative investment, aligned funding, and shared accountability for outcomes. Discussion focused on what success would look like and how progress can be measured over time. WFS was also positioned as a key contributor to a broader wellbeing approach through prevention, improved outcomes, reduced poverty, and long-term investment in communities. Workshop 2 –– Wellbeing Alliance Laura Barrie, Head of Active Communities, KA Leisure L Barrie provided an update on the Wellbeing Alliance. The presentation provided an overview of the learning from Phase 1 of the North Ayrshire Wellbeing Alliance. Laura Barrie advised that work is now underway to develop Phase 2, with a key focus on moving from a lead organisation model to a partnership-led approach. The learning from Phase 1 highlighted that wellbeing is complex and requires collective action, strong relationships, locality-based approaches, and a clear focus on demonstrating impact. It was noted that significant wellbeing activity is already taking place across partner organisations and that greater value can be achieved through improved alignment, shared ownership, and collaborative working rather than creating new initiatives. The presentation also highlighted opportunities to strengthen links between the Wellbeing and Whole Family Support agendas, with discussion focusing on how partners can work more seamlessly together, and the leadership required across the CPP to drive this agenda forward. It was agreed that this would be brought back to a future meeting for further discussion. 4 Partner Discussion and Sharing on Key Developments and Opportunities No items were raised. 5 AOCB J Greenlees advised that the Place Director – CPP Charter Launch event is taking place on 23 June 2026 and that there are two places available. If anyone would like to nominate themself to attend, please can they let her know. The Chair conveyed his thanks to everyone for their valuable input and attendance. The next meeting of the North Ayrshire CPP Board will be held on Monday 7 September 2026. 58
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NORTH AYRSHIRE COUNCIL 16 September 2026 North Ayrshire Council Title: Scottish Government Programme for Government 2026-31 Purpose: To provide an update on the recently published Programme for Government and for Council to consider the potential implications for North Ayrshire as part of the Public Sector reform programme, and to agree the principles to be adopted for future engagement with Scottish Government. Recommendation: That Council agrees to: (i) Note the detail included within the Scottish Government’s Programme for Government and the potential implications for Councils and IJB’s. (ii) Note the progress to date on regional collaboration work and the challenges in progressing this, set against a backdrop of financial and demographic pressures across the region. (iii) Consider the approach from Scottish Government to progress intensive dialogue over the next 3 months with the Ayrshire Councils around opportunities for a regional approach to Public Sector reform. (iv) Agree the principles that will be taken into these discussions with Scottish Government, and (v) Agree that a further report is brought back to Council to consider the future direction and implications of this work. 1. Executive Summary 1.1 The Scottish Government published its Programme for Government (PfG) on 1st September 2026. This included a section on Delivering a Stronger NHS and Public services and included reference to replacing 14 territorial Health Boards with 2 new Strategic Health Boards, delivering reform of social care and empowering regions and communities through looking at how resources may be pooled at a regional level while also strengthening community level governance. The PfG sets out an initial direction of large-scale Public-Sector Reform that will have significant implications for the Health Service, Councils and Integration Joint Boards. 1.2 The Scottish Government has also stated that they would convene a dialogue with partners across parliament and local government about the future of local governance Agenda Item 9 59
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in Scotland and undertake engagement to reach agreement on reform of social care. They stated that this dialogue would take place over the next 3 months. Each Ayrshire Council has since received an invitation from the Deputy First Minister and Cabinet Secretary for Finance and Local Government and the Cabinet Secretary for Public Sector Reform to build on the Ayrshire regional collaboration work undertaken to date and to explore any opportunities that could come from a stronger regional approach to service delivery. 1.3 The Ayrshire Councils continue to work closely to explore opportunities for sharing services on a regional basis. It is recognised that progress to date has been limited and this is set against a backdrop of significant financial pressures across each council and increasing demands from a challenging demographic profile, including a growing elderly population and more complex needs. The reducing overall population across the region also negatively impacts on the region’s proportionate share of national Scottish Government grant funding. 1.4 In advance of the upcoming dialogue with Scottish Government, it is important for the Council to consider and agree some key principles that could help shape and influence the discussions. It is also recognised that these or similar principles would also require to be considered by our neighbouring Ayrshire councils. The proposed key principles include; • Devolution and transfer of powers and resources to local government, particularly in the areas for well-being, economic growth, infrastructure and assets that support the key strategic priorities of the area. • Local Government retains its existing powers, functions and responsibilities that consider subsidiarity. • Any future regional arrangements are supported by a strong community model that follows the principals of subsidiarity that builds on the Council’s Locality Planning model or similar. • Ensure that resource considerations are appropriately addressed and funded across Scottish Government and each Council to further progress any work and the sustainability of any future regional arrangements. • That an appropriate public consultation and engagement exercise be undertaken as proposals emerge. 1.5 The initial timeframe set out by the Scottish Government to engage with partners appears very challenging. It is unclear at this time the level of expectation around what can be achieved over the next 3 months and whether this is aligned to agreeing a broad strategic direction or if there is more expectation around agreement of responsibilities, service design, structures, governance and potential delivery models. It is anticipated that any future considerations would require agreement nationally, via COSLA and locally, for Councils that are impacted. Further reports will be brought back to Council in due course to consider any future implications or decisions. 60
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2. Background Programme for Government (PfG) and Public Sector Reform 2.1 The Scottish Government published its Programme for Government (PfG) on 1st September 2026. The PfG set out details of the planned programme of activities aligned to the Scottish Government priorities and the Public Sector Reform programme across; • Eradicating Child Poverty • Growing the Economy • Tackling the Climate Emergency • Delivering a stronger NHS and Public Services 2.2 Within the section on Delivering a Stronger NHS and Public services, as part of what is described as “national renewal through public sector reform” and a “rewiring of the Scottish State over the course of this parliament” there is reference to replacing the 14 current territorial Health Boards with 2 new Strategic Health Boards and delivering reform of social care. It is evident that this would have significant implications for the Health Service, Councils and Integration Joint Boards (IJBs). Whilst the direction around Health Boards is clearer, the implications for Councils and IJB’s is not. The commitment from Scottish Government is to “use the next 3 months to reach an agreement on reform of social care which makes best use of the funding in the system, delivers fairer and more efficient services and achieves economies of scale, while maintaining a focus on community need.” It is not clear if this timeline for engagement is aligned to agreement of a broad strategic direction or if there is more expectation around agreement of responsibilities, service design, structures, governance and potential delivery models. Although not clear, it is anticipated that any future considerations would require agreement nationally, via COSLA and locally, for Councils. 2.3 Included within the PfG, as part of Public Sector reform and in particular “Empowering regions and communities” is a commitment to “engage in an intensive dialogue over the next 3 months with partners in local government, and other parties across parliament to reach a clear shared direction about the future of local governance in Scotland. The Scottish Government believes there is a need for regional local government, alongside community empowerment, and will engage with partners to find common ground.” 2.4 Following the publication of the PfG, each Ayrshire Council received correspondence from the Deputy First Minister and Cabinet Secretary for Finance and Local Government and the Cabinet Secretary for Public Sector Reform to build on the Ayrshire regional collaboration work undertaken to date and to explore any opportunities that could come from a stronger regional approach to service delivery. This is set within the context of the significant demographic, financial and service pressures faced by Councils. The Scottish Government have also stated an ambition that services are sustainable for future generations, and how Scotland can best balance regional capacity, local accountability and community empowerment in the years ahead. . 2.5 Similar to the point made in section 2.2 of the report, it is not clear if the 3-month timeline is simply to reach a clear shared direction or if there is a greater expectation that extends into a review of structures and delivery models etc. The PfG does state 61
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that by the end of the year the Scottish Government would anticipate moving from “debate to delivery” and that they do not approach this dialogue with predetermined structural solutions. It is recognised however, that any progress would likely be subject to agreement initially being reached on a shared direction within this timeframe. From an Ayrshire perspective, the Scottish Government have stated they are keen to learn more about the collaborative work undertaken to date and the ambitions and priorities for the region. Further, a Public Service Reform Summit is also due to take place in late September, bringing together leaders from across the public sector to begin a detailed discussion on the challenges and opportunities ahead. 2.6 The PfG also includes reference to a commitment to “empower school leaders, raise standards and reduce variation, with decision making as close to the classroom as possible. This includes working closely with local government, school communities and headteachers” with the stated aim of “maximising the opportunities that reform of governance and service delivery could bring.” Again, it is not clear the direction this commitment could take, however, with reference to reform of governance and service delivery, this brings into sharp focus the current relationship, responsibilities and governance arrangements between Scottish Government, Councils and school leaders. 2.7 In terms of the wider public body landscape, as part of “simplifying and decluttering delivery” the PfG makes explicit reference to reducing the number of public bodies to create a system that is integrated by design that improves service delivery. The major proposals include but are not limited to; • Create a single overarching environment body (SEPA, NatureScot, Zero Waste Scotland and potentially Scottish Forestry.) • Bring Transport Scotland back into the Scottish Government. • Integration of Scottish Food Commission and the Scottish Pubs Code Adjudicator into the Food Standards Scotland. • Reform of the National Records of Scotland and Registers of Scotland. • Simplify the health and care assurance landscape to support integrated services. • Review the audit and scrutiny landscape and inspectorate functions to identify opportunities for rationalisation and simplifying processes whilst maintaining assurance. 2.8 This is a significant programme of structural reform which will require to be supported by legislation. The Scottish Government’s year 1 legislative programme will include 9 Bills, one of which is the Public Service Renewal (Scotland) Bill. This Bill will seek to provide the statutory backing to the reform of the public service delivery landscape, including the merging and abolition of public bodies and the transfer of functions between Scottish Government and public bodies. This timeframe appears very ambitious and is consistent with the reference to moving from “debate to delivery.” Ayrshire Collaboration Programme Update 2.9 On the 17 September 2025, the report to Council outlined the Ayrshire Collaborative work programme and need to further develop this work in view of the financial challenges facing the region and within the context of recent Best Value audits for Workforce Planning and Transformation in Councils. This programme included 62
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progressing shared service opportunities across some specific areas, including Economic Development, Roads and Education senior phase. 2.10 The report also highlighted that, in view of the scale of the financial challenges facing each Council and the impact this will likely have on services and outcomes across the region, further exploration of a wider Ayrshire approach through a public sector reform lens, is a necessary and appropriate action for future consideration. As part of this work, it is important to ensure that the principles of community empowerment and local democracy, one of this Council’s strategic priorities, are not diminished. 2.11 On the 11 February 2026 Council approved a shared Economic Development service that included North and East Ayrshire Council. The shared service came into operation on the 1 July 2026, with North Ayrshire Council being the lead for the shared service. This arrangement being supported by a service level agreement between partners and appropriate supporting Council and regional governance structures being progressed. The shared service arrangement does not currently include South Ayrshire Council. 2.12 The current work programme builds on existing areas of shared service e.g. Ayrshire Civil Contingencies, Ayrshire Growth Deal, Economic Development and Ayrshire Roads Alliance, and HSCP lead partnership arrangements. Further opportunities are to be assessed and prioritised against agreed criteria through an initial screening assessment for all functions and services. This work programme also includes examining ICT contract arrangements and wider procurement opportunities across the region. 2.13 In summary, the Ayrshire Collaboration work progressed to date has delivered some success and has demonstrated that partnership working across the 3 Councils can be achieved, however, it is also recognised that progress is time consuming, resource intensive, lengthy and complex with no guarantee of commitment, success or sustainability. This is currently evident through areas including Economic Development and Ayrshire Roads Alliance where only 2 Ayrshire Councils from the 3 participate. 2.14 On 20 May 2026, Council endorsed participation in the Ayrshire Transformation Board to strengthen integrated working across North, East and South Ayrshire Councils, the 3 Integration Joint Boards and NHS Ayrshire Arran. The IJB received an update in August on the agreed Pan-Ayrshire business case, which sets out the transfer of resources from the Health Board to support the shift in the balance of care from hospital-based services to community-based provision. The PfG announcement to replace the 14 territorial health boards with 2 new strategic health boards and the associated stated intention from the Scottish Government to reform social care will inform the future direction and scope of the work of the Board. 2.15 The wider national context to consider, from a funding perspective, includes a broadly flat cash level of projected Scottish Government core grant funding to Councils over the medium-term. When set against the Ayrshire demographic and the demands and cost of service delivery across the region, this will inevitably create larger Budget deficits across the short, medium and long-term. Fair funding for local government remains a priority for COSLA and budget lobbying will continue. A recent long-term forecast based on current planning assumptions indicates a potential budget deficit of £171m to 2033/34 across the Ayrshire region. From a North Ayrshire Council perspective, the short-term effects of this financial landscape have already been 63
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borne. Council tax increases for 2025/26 of 7% and 8.5% for 2026/27 sit above prevailing levels of inflation, and in addition to delivering further savings and planned use of council reserves, in 2026/27 the HSCP has moved its eligibility criteria model to critical only care needs. In the absence of additional Scottish Government funding, this is an unsustainable position for Councils. From the launch of the PfG it is evident that public sector reform is the approach to be taken by Scottish Government to address the pressures on public finances by developing a simpler and focused public sector landscape with a clear focus on delivering priority outcomes. Principles for Engagement 2.16 Following the publication of the Scottish Government PfG and the Scottish Government commitment to engage in intensive discussions with partners over the next 3 months, the content of the PfG highlights a potentially significant level of impact on local authorities, IJB’s and Health and this will likely extend into various potential areas of structural reform. 2.17 The Leaders of the Ayrshire Councils have each received correspondence from the Scottish Government to build on the Ayrshire regional collaboration work undertaken to date and to explore any opportunities that could come from a stronger regional approach to service delivery and have proposed a meeting to discuss further. Given the potential implications arising from the PfG the Council Leader has extended an invite to all Group Leaders to participate in this meeting once further details are received. Without knowing the precise scope and detail of the discussions, it is important for Council to consider a broad set of principles that could potentially help guide, shape and influence discussions. Although it must be recognised that these may not be achievable the opportunity to make a case that empowers Ayrshire within a framework of subsidiarity and democratic governance is considered essential within reform discussions. 2.18 The proposed key principles to support future discussions with the Scottish Government are set out below for consideration and include; • Devolution and transfer of powers and resources to local government, particularly in the areas for well-being, economic growth, infrastructure and assets that support the key strategic priorities of the area. • Local Government retains its existing powers, functions and responsibilities that consider subsidiarity. • Any future regional arrangements are supported by a strong community model that follows the principals of subsidiarity that builds on the Council’s Locality Planning model or similar. • Ensure that resource considerations are appropriately addressed and funded across Scottish Government and each Council to further progress any work and the sustainability of any future regional arrangements. • That an appropriate public consultation and engagement exercise be undertaken as proposals emerge. 64
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2.19 Depending on progress made through early engagement with Scottish Government as part of the initial 3-month period of intensive dialogue, resource implications to further progress any work for the Council and the region will require to be kept under review and could lead to a request for funding and resource from Scottish Government. At the meeting of 17 September 2025, North Ayrshire Council earmarked an initial sum of £0.250m to help progress the Ayrshire Collaboration work programme. Council will be kept informed as to any further requests for funding, with the Council’s Change fund being the recommended primary source to address any short-term requirements. 2.20 As noted throughout the report, the PfG publication outlines a wide-ranging programme of public sector reform which could have significant implications for Councils, IJB’s and the Health Service. From a North Ayrshire Council perspective, the immediate next steps will include engagement with Scottish Government and East and South Ayrshire Councils as part of a 3-month period of intensive dialogue to “build on the Ayrshire regional collaboration work undertaken to date and to explore any opportunities that could come from a stronger regional approach to service delivery.” Further reports will be brought back to Council in due course to consider any future implications or decisions. It is also anticipated that any national and/or regional implications for Councils will be considered by COSLA through the normal governance arrangements. 3. Proposals 3.1 It is proposed that Council agrees to: (i) Note the detail included within the Scottish Government’s Programme for Government and the potential implications for Councils and IJB’s. (ii) Note the progress to date on regional collaboration work and the challenges in progressing this, set against a backdrop of financial and demographic pressures across the region. (iii) Consider the approach from Scottish Government to progress intensive dialogue over the next 3 months with the Ayrshire Councils around opportunities for a regional approach to Public Sector reform. (iv) Agree the principles that will be taken into these discussions with Scottish Government, and (v) Agree that a further report is brought back to Council to consider the future direction and implications of this work. 4. Implications/Socio-economic Duty Financial 4.1 No direct financial implications from this report, however, future resource considerations would require to be appropriately addressed and funded across Scottish Government and each Council to further progress any work as part of the 3- month period of dialogue. Any requirements will be reported in due course. From a strategic perspective, it is recognised that reform of public services should create an 65
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environment for any financial efficiencies to be re-invested into key priority areas to protect outcomes for communities. Human Resources 4.2 No workforce implications at this time, however, recognise that any areas of future public service reform would most likely have workforce implications. Engagement with the workforce and Trade Unions would be a key component in progressing any reform activity and the appropriate governance arrangements would require to be put in place. Legal 4.3 The Programme for Government (PfG) includes reference to a range of anticipated year 1 Bills as part of the legislative framework that will be taken forward. This includes a Public Service Renewal (Scotland) Bill. This Bill would seek to give statutory backing to the reform of the public service landscape. One of the key legal implications for all Councils is the current statutory powers, responsibilities and obligations across the range of services provided and what implications any proposed reform would have on these powers. This will require to be carefully assessed and monitored. Equality/Socio-economic 4.4 No direct implications at this stage, however, any future reform proposals would require appropriate consultation and require to be Equality Impact assessed. Climate Change and Carbon 4.5 No direct implications currently. This remains a key priority area for both North Ayrshire Council and the Scottish Government and any environmental impacts of future reform proposals would require to be assessed. Environmental and Sustainability 4.5 No direct implications currently. Key Priorities 4.6 As a general principle any future reform proposals for the region will require to align to each Council’s key priorities. Community Wealth Building 4.7 None. However, Community Wealth Building remains a regional priority area. Similarly, any future reform proposals would require to be considered through the lens of Community Wealth Building. 66
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Islands Communities Impact Assessment (ICIA) 4.8 Any future reform proposals that have a disproportionate impact on island communities will require to be Island Communities Impact Assessed. United Nations Rights of the Child (UNCRC) 4.9 None at present. However, UNCRC impacts will require to be assessed for any future reform proposals. Consumer Duty 4.10 None. 5. Consultation 5.1 To date, consultation on regional collaboration has already been included in North Ayrshire’s annual Budget Engagement programme. Further collaboration has taken place across all Ayrshire Councils with the aim being to explore shared service opportunities. Moving forward there will be a requirement to undertake consultation aligned to any specific reform proposals that arise through this upcoming process of dialogue. Craig Hatton Chief Executive For further information please contact Mark Boyd, Head of Service (Finance), on 01294 324560. Background Papers None. 67
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NORTH AYRSHIRE COUNCIL 16 September 2026 North Ayrshire Council Title: Revision of Standing Orders Relating to Meetings and Proceedings of the Council and Committees Purpose: To review and approve the Council’s revised Standing Orders relating to Meetings and Proceedings of the Council and Committees, one of the key governance documents regulating the operation of the Council, its Committees and Officers. Recommendation: That the Council (a) agrees to approve, with effect from 17th September 2026, the revised Standing Orders for Meetings and Proceedings of the Council and Committees, attached at Appendix 1 and (b) considers and determines any further proposals put to Council for amendment to Standing Orders. 1. Executive Summary 1.1 This report seeks approval by Council of the Standing Orders, one of the key governance documents regulating the operation of the Council and its Committees. 1.2 The Standing Orders have been reviewed as part of the annual review and the updated version is contained at Appendix 1 for consideration of Members. 2. Background 2.1 Audit Scotland in their report “Roles and working Relationships – Are you Getting it Right?” and follow up reports, stressed the importance of having governance arrangements that are fit for purpose and up to date. They note that such documents are critical in clarifying roles, responsibilities and expected behaviour and should be kept regularly updated. An annual review has therefore been undertaken. Standing Orders 2.2 The Standing Orders for Meetings set out the rules for decision taking and define how the Council and its committees conduct their business democratically. The Standing Orders aim to ensure consistency in decision making and process leading in consequence to good and robust governance. Agenda Item 10.1 69
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2.3 The Standing Orders for meetings were subject to a substantive review between February and May 2023 through the involvement of a Member Officer Working Group. Since then, they have been updated as part of the process of ongoing review. 2.4 The Standing Orders have been reviewed as part of the annual review for 2026 with some typographical and formatting issues addressed. The draft Standing Orders at Appendix 1, reflects those minor changes but also includes the following proposals for the consideration of Members: • The Accounts Commission references the key principles of public life as integral to operations for all Scottish Councils. While these principles are routinely applied in all Council business it is considered good practice for formal reference to be included in Council governance documents. • An amendment to Standing Order 14.1 has been included to clarify that questions of multiple parts will not ordinarily be permitted on the agenda. This suggested addition reflects the agreed position in standing orders. • An amendment to Standing Order 26.7 to clarify that the decision of Cabinet following the recommendation of the Audit and Scrutiny Committee on a call-in request cannot be further called in. • An amendment to the wording of Standing Order 28.3 to clarify the planning application call in process. • General clarification and rewording of some text and correction of references but not to effect any material changes to the meaning of the relevant sections. 3. Proposals 3.1 That the Council (a) agrees to approve, with effect from 17th September 2026, the revised Standing Orders for Meetings and Proceedings of the Council and Committees, attached at Appendix 1 and (b) considers and determines any further proposals put to Council for amendment to Standing Orders. 4. Implications/Socio-economic Duty Financial 4.1 Approval of the key governance documents is an essential component of the Council’s financial governance arrangements. Human Resources 4.2 None arising from the recommendations of this report. Legal 4.3 Approval of the key governance documents in an essential component of the Council’s legal and administrative arrangements. Equality/Socio-economic 4.4 None arising from the recommendations of this report. 70
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Climate Change and Carbon 4.5 None arising from the recommendations of this report. Key Priorities 4.6 Clear, transparent governance arrangements promote good decision making. In turn, this supports the achievement of the Council’s key priorities. Community Wealth Building 4.7 None arising from the recommendations of this report. Islands Communities Impact Assessment (ICIA) 4.8 None arising from the recommendations of this report. United Nations Rights of the Child (UNCRC) 4.9 None arising from the recommendations of this report. Consumer Duty 4.10 None arising from the recommendations of this report. 5. Consultation 5.1 Given the minor changes proposed, only relevant Officers have been consulted as required. Craig Hatton Chief Executive For further information please contact Aileen Craig, Head of Democratic Services, on 01294 324 125. Background Papers 0 71
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Standing Orders Relating to Meetings and Proceedings of the Council and Committees Published by Committee Services North Ayrshire Council Cunninghame House, Irvine KA12 8EE Classification: Public 72
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Contents Page Part I Preliminary 1 Part II Standing Orders 2 1 First Meeting of Council after Elections 2 2 Ordinary Meetings of the Council 2 3 Special Meetings of the Council 3 4 Last Meeting of the Council prior to Election 3 5 Notice of Meetings 4 6 Provost and Depute Provost 4 7 Suspension of Members 5 8 Appointment and Removal of Members 6 9 Quorum 7 10 Order of Business 7 11 Declarations of Interest 10 12 Code of Conduct 10 13 Public Access to Meetings 11 14 Questions 11 15 Motions 14 16 Procedure Prior to Debate 16 17 Debate 17 18 Procedural Motions 19 19 Voting 19 20 Voting on Appointments of Members 20 21 Disclosure of Information 21 22 Appointment of Executive Directors 21 23 Suspension of Standing Orders 21 24 Variation and Revocation of Standing Orders 22 25 Rescinding/Reconsidering/Revocation of Previous Decision/Resolution 22 26 Decisions of Cabinet: Call-in Process 23 27 Discharge of Functions by Committees and Officers 24 28 Proceedings of Committees and Sub-Committees 25 29 Approval and Signing of Minutes 26 30 Petitions and Deputations 27 73
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31 Contract Standing Orders and Financial Regulations 27 32 Ultimate Power of The Council 27 33 Definitions 27 34 29 Appendix A Schedule 7A: Description of Exempt Information 30 Appendix B Guidance on Deputations and Petitions 32 Appendix C Procedure on Dealing with Requests to the Council 34 from Outside Bodies to Support Resolutions and Motions Appendix D Call-in Request Form 35 Appendix E Quick Guide for Dealing with Items of Business 36 74
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1 North Ayrshire Council Standing Orders Relating to Meetings and proceedings of the Council and Committees Part I Preliminary 1. These Standing Orders are made under Section 62 and Paragraph 8 of Schedule 7 of the Local Government (Scotland) Act 1973. With the exception of the North Ayrshire Integration Joint Board, the Ayrshire Shared Services Committee, the Ayrshire Economic Joint Committee and Sub- Committees thereof, the foregoing Standing Orders for meetings shall as far as applicable be the rules and regulations for the proceedings of Committees and Sub-Committees and therefore reference to the term ‘Council’ in the said Standing Orders should be interpreted accordingly. The North Ayrshire Integration Joint Board, the Ayrshire Shared Services Committee and Ayrshire Regional Economic Joint Committee and Sub Committees thereof have their own Standing Orders for meetings. The term ‘Provost’ shall also be deemed to include the Chair of any relevant Committee or Sub-Committee but only in relation to the proceedings of such Committees or Sub-Committees. 2. The Local Government (Scotland) Act 2003 permits the holding of and participation in remote meetings. 3. All Council business will be undertaken in accordance with the Nolan Principles for the conduct of public life: • Selflessness: Acting solely in the public interest. • Integrity: Avoiding inappropriate obligations or personal gain. • Objectivity: Making choices on merit and evidence. • Accountability & Stewardship: Being answerable to the public and properly managing public resources. • Openness: Taking decisions transparently. • Honesty: Being truthful. • Leadership: Promoting and supporting these standards by example. • Duty: Upholding the law and acting according to the trust placed in you. • Respect: Treating everyone with dignity and respect 75
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2 Part II Standing Orders 1. First Meeting of the Council after Elections 1.1. The first meeting of North Ayrshire Council after an ordinary election of Councillors shall be held within twenty-one days from the date of the election. The Chief Executive will decide the date, time and venue/mode of this first meeting. The meeting may be held on a wholly remote basis by electronic means or alternatively whereby some Members attend in person and others take part via remote means (a “hybrid” meeting). 1.2. At the first meeting of the Council after an ordinary election of Councillors, the Returning Officer or the Chief Executive shall assume the Chair until the Provost is elected. The Council shall deal with the following business: i. To take the sederunt; ii. To note the election of Councillors and which Councillors have executed the Declaration of Acceptance of Office; iii. To elect the Provost of the Council; iv. To elect the Depute Provost of the Council; v. To elect the Leader of the Council; vi. To elect the Depute Leader of the Council vii. To agree the Scheme of Administration setting out the committee structure of the Council; viii. To appoint Members to any such Committees; ix. To appoint Members of the Licensing Board; x. To appoint representatives to outside bodies; xi. To approve Constitutional Documents, including Standing Orders for Meetings; xii. To agree the Timetable of Meetings; xiii. To approve Members’ Remuneration; xiv. To deal with any other business specified in the notice calling the first meeting of the Council. 2. Ordinary Meetings of the Council 2.1 Unless otherwise agreed by the Council, ordinary meetings of the Council shall be held in the Council Chamber, Cunninghame House, Irvine at 2pm on the Wednesday of the sixth week of each six-weekly cycle determined by the Council. Meetings will be held on the basis where some members are present in the Council Chamber and others can take part via remote means (a “hybrid” meeting), provided the technological solution can facilitate the meeting. If there is a large volume of business, or adverse weather conditions are expected, the Provost has power to change the start time to 1pm. Where it is deemed necessary, the Chief Executive, in consultation with the Provost, may also call for a meeting of the Council to take place on a wholly remote basis by electronic means where all Members take part via remote means provided the technological solution permits. In circumstances where the meeting takes place on a wholly remote or “hybrid” basis the agreed protocol for holding the meeting on that basis will be adhered to. The protocols for remote and hybrid meetings and webcasting of meetings are as agreed by the Chief Executive in consultation with the Provost, will be reviewed from time to time and notified to Members. 76
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3 2.2 No sound, film, video tape, digital or photographic recording of the proceedings of any meeting, shall be made without the prior approval of the Council, other than recording of the proceedings by the Council, either for webcasting or as a back-up for a live- webcast or as an alternative where live-webcasting is not possible. 2.3 Council meetings will be live webcast where possible in accordance with the webcasting protocol unless the exclusion of the public provisions apply. A decision not to live webcast a meeting or upload a recording of the meeting for technical or other reasons does not affect the validity of the meeting provided the meeting is open to the public. 3. Special Meetings of the Council 3.1 Special meetings of the Council shall be convened under the following circumstances:- i. To set the Council’s annual capital and revenue budgets; ii. To determine Planning Applications in terms of the Town and Country Planning (Scotland) Act 1997 as amended, if required; iii. To consider any matter that requires to be determined at a Special Meeting of the Council in accordance with legislation; iv. At any time by decision of the Council; v. By written requisition of no less than seventeen Members of the Council, specifying the purpose of the business to be transacted; vi. To consider urgent items which cannot wait until the next scheduled meeting of the Council as determined by the Provost; 3.2 Upon receipt of a request for a Special meeting of the Council, the Provost shall be notified and in instances where the discretion of the Provost is required, determine if the request falls within the parameters for the calling of a special meeting. If the office of Provost is vacant, or if the Provost is unable to act for any reason, the Depute Provost of the Council may at any time call such a meeting. If the Offices of Provost and Depute Provost are both vacant or if neither the Provost nor the Depute Provost are able to act for any reason, the Leader of the Council, in consultation with the Leader of the Opposition may call such a meeting. In the event of these offices being vacant or otherwise unable to act, the Chief Executive may convene such a meeting. 3.3 The date, time and venue/mode of a Special meeting will be as determined by the Chief Executive but the meeting must be held within fourteen days of receipt of the requisition. The meeting may be held on a wholly remote basis by electronic means or alternatively whereby some Members attend in person and others take part via remote means (a ‘hybrid’ meeting). 4. Last Meeting of the Council prior to the Election 4.1 At the last meeting of Council prior to the local government election, no new business, motions or questions may be brought before the meeting. All Minutes of the previous meeting or meetings of the Council to be approved, shall be submitted for approval and signed by the Provost as a correct record. 77
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4 5. Notice of Meetings and Cancellation of Meetings 5.1 Public Notification Public notification of meetings shall be given by posting a notice at the Council Offices and on the Council’s website, at least three clear working days before the meeting. The notice of the meeting shall comprise: i. The date, time and place/mode of the meeting: and ii. The list of items of business to be transacted. No business shall be transacted at the meeting other than that specified in the notice of meeting with the exception of business which is legally required to be transacted at a meeting of the Council or any other business brought before the meeting as a matter of urgency in accordance with these standing orders. Notice to Councillors 5.2 Notice of meetings shall be given by the Chief Executive to all Councillors in accordance with the provisions of the 1973 Act as amended, by posting, delivering or sending by electronic means the following: i. The date, time and place/mode of the meeting; and ii. The list of items of business to be transacted. 5.3 The validity of any meeting of the Council shall not be affected by the failure of any Member to receive notice of a meeting. Cancellation of Meetings 5.4 The Chief Executive may cancel any scheduled meeting for exceptional reasons (for example severe weather conditions) as are thought to be appropriate in consultation with the Provost, Leader of the Council and Leader of the Opposition. Cancellation will be intimated as soon as possible by email to Councillors and on the Council’s website and the meeting will be re-scheduled. 5.5 Meetings of Committees of the Council where there is no business to transact will be cancelled by the appropriate Chief Officer in consultation with the Committee Chair. 6. Provost and Depute Provost Election and Terms of Office 6.1 The Council will elect a Convener and Depute Convener from its Membership, to be known as ‘Provost’ and ‘Depute Provost’ respectively. 6.2 The terms of office of the Provost and Depute Provost shall, subject to paragraph 6.5, be the term of office of the Council, or, in the case of a person appointed to fill a casual vacancy, the remainder of that term. 6.3 A person holding the office of Provost or Depute Provost shall be eligible for re-election 78
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5 but shall cease to hold the office upon ceasing to be a Councillor. 6.4 On a casual vacancy arising in the offices of Provost or Depute Provost, an election to fill the vacancy shall be held as soon as practicable at a meeting of the Council. The notice for the meeting shall specify the filling of the vacancy as an item of business to be transacted. 6.5 The appointment of Provost and Depute Provost will be for the term or remainder of the term of office of the Council unless otherwise provided by statute or by motion approved by Council to remove the Provost/Depute Provost. A motion to remove the Provost or Depute Provost will be intimated in writing in accordance with these Standing Orders. Such motion requires to be approved by seventeen Members of the Council present and voting at the Council meeting in order to be carried. The Council may proceed immediately to fill any resultant vacancies. Duties and Powers of Provost/Depute Provost 6.6 At a meeting of the Council, the Provost or in their absence the Depute Provost, whom failing such other Member as the meeting may decide, shall preside, whether in person or through remote access. 6.7 Respect will at all times be paid to the authority of the Provost or the Depute Provost, or such other Member presiding, when chairing any meeting of the Council. 6.8 It shall be the duty of the Provost to: i. Preserve order and ensure fairness in debate; ii. Decide all matters of order, competency and relevancy; iii. Ensure that Standing Orders are observed; iv. Determine any questions of procedure for which no express provision has been made in these Standing Orders; v. Maintain order and at their discretion, order the exclusion of any member of the public who is deemed to have caused disorder or misbehaved; vi. Adjourn a meeting in the event of disorder arising to a time, which the Provost may then or afterwards, fix (the quitting of the Chair by the Provost shall be the signal that the meeting is adjourned). In the event the Provost quits the Chair without disorder having arisen, the meeting shall not be adjourned and the Depute Provost or in their absence another Member of the Council chosen by those Members present shall assume the Chair; and vii. Decide whether to have a recess during a meeting. 6.9 The decision of the Provost on all matters within their powers shall be final and shall not be open to question or discussion. 7. Suspension of Members 7.1 In the event of any Member disregarding the authority of the Provost or obstructing the meeting or conducting him/herself offensively, acting disrespectfully or in contravention of Standing Order 12.1 and the Provost calling attention to the same, the Council may, on the motion of any Member, (duly seconded and supported by the vote of a majority of the Members present and voting), suspend such Member for the remainder of the sitting. No debate will be allowed on such a motion. The Member concerned shall forthwith leave the Council Chamber, meeting place or remote meeting platform. The Provost may 79
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6 be entitled to call for such assistance as they deem necessary to enforce a decision to suspend any such Member taken in terms of these Standing Orders. 8. Appointment and Removal of Members 8.1 The appointment of Members to any Committee, Joint Committee, Joint Board or outside body will be for the term or remainder of the term of office of the Council unless otherwise provided by statute or by motion approved by Council to remove the Member from the appointed position. 8.2 A motion to remove the Chair or Vice-Chair of a Committee requires to be intimated in writing in accordance with these Standing Orders, providing reasons for the proposed removal and include a proposal for replacement to that office from the complement of the existing Members of that Committee. 8.3 A motion to remove an ordinary Member of Committee requires to be intimated in writing in accordance with these Standing Orders. The Council may proceed immediately to fill any resultant vacancy subject to the terms of Standing Orders 8.4 and 8.5. Notification of any vacancy filled in accordance with Standing Order 8.5 will be reported to the next available Council meeting for noting. 8.4 Wherever possible, Officers will give 10 Clear Working Days’ notice of a vacancy, on any Committee, Joint Committee, Joint Board or outside body, the filling of which is to be considered at a subsequent Council meeting. Providing Members are given 10 Clear Working Days’ notice, no nomination shall be considered for any such post unless (a) the nomination has been intimated in writing and delivered or e-mailed to the Chief Executive not later than 2:00 p.m. on the Wednesday of the week preceding the meeting and (b) the consent of the person nominated is given at the time of nomination. Where less than 10days’ notice is provided, no nomination will be considered unless it has been intimated in the same manner by 12noon on the day of the meeting. 8.5 Where any appointed or nominated Member is a member of a political group within the Council, then where such member is on family leave or resigns from a Committee, Joint Committee, the Integration Joint Board or other internal Council appointment (not including the offices of Provost, Depute Provost, Leader or Depute Leader or outside body appointments), any replacement may be nominated by that political group notifying the Chief Executive. At least 10 Clear Working Days’ notice is required before the change is implemented. Any replacement must be nominated by the relevant political group within 12 weeks of the vacancy or resignation occurring failing which, the vacancy will fall to be filled in accordance with the procedure set out in Standing Order 8.4. 8.6 Subject to the provisions of Section 35 of the 1973 Act, if a Member fails throughout a period of six consecutive months to attend any meeting of the Council, Committee, Joint Committee or Joint Board to which any function of the Council has been delegated, or to attend as a representative of the authority at a meeting of any body or person, they shall, unless the failure to attend was due to some reason approved by Council cease to be a Member of North Ayrshire Council. A Member who has properly notified the Council, by intimating in writing to the Chief Executive that they are on family leave, will be deemed to have a reason approved by Council for non-attendance at Council and its Committees. 80
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7 9. Quorum 9.1 Subject to the provisions of the 1973 Act, no business will be transacted at a meeting of the Council unless at least nine Members are present. For the avoidance of doubt, the definition of ‘present’ shall include the participation of Members via a remote meeting platform. 9.2 If at a time ten minutes after the appointed commencement for the meeting a quorum is not present the meeting will stand adjourned. If at any time after a meeting has commenced a quorum of Members is not present the Provost or in their absence, the Depute Provost of the Council shall adjourn the meeting and any business not considered will be postponed to and considered at the next meeting. 9.3 The quorum of other Committees and Sub-Committees of the Council will be dealt with in the Scheme of Administration. However, where no specific reference is made to a quorum, it will be one quarter of the membership of the relevant Committee or Sub Committee, subject to a minimum requirement of three Members. 9.4 If the Provost and the Depute Provost are absent from a Council meeting and the Council fails to elect another Member to chair that meeting, the meeting will not be convened and all business will be carried forward to a future meeting. 10. Order of Business 10.1 At all meetings of the Council and other than the meeting held in accordance with Standing Order 1.2 above or a Special Meeting to set the budget, the order of business shall be: i. The Chair shall be taken in accordance with these Standing Orders; ii. The sederunt shall be taken; iii. Any apologies shall be tendered; iv. Any Declaration of Interest shall be tendered; v. Declaration of whether a Party Whip has been applied to any item; vi. Approval of the accuracy of Minutes of Council Meetings. There shall be no discussion of the minutes, except upon their accuracy and any question on their accuracy shall be raised by amendment to the motion to approve in accordance with Standing Order 29.3; vii. Provost’s report; viii. Leader’s report; ix. Minutes of meetings of Committees of the Council – submission for noting, and for approval of any recommendations; x. Minutes of the Community Planning Partnership Board – submission for noting; xi. Requests to recognise the work of individuals or groups within North Ayrshire; xii. Presentations; xiii. Business expressly required by statute to be done at the meeting; xiv. Business (if any) remaining from the last meeting; xv. Any items from the Cabinet referred for determination; xvi. Any items referred by any of its Committees for determination by the Council; xvii. Appointment to Committees, Joint Committees, Joint Boards or outside bodies xviii. Any business as per the agenda xix. Questions; xx. Motions. 81
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8 10.2 Items 10.1 vii, viii, xi, x, xi, xv, xvi, xvii, xix and xx shall be business for Council meetings only, not for any Committee. 10.3 At meetings to consider the setting of the Council’s annual revenue or capital budgets, the order and conduct of business shall be as follows: i. The Chair shall be taken in accordance with these Standing Orders; ii. The sederunt shall be taken; iii. Any apologies shall be tendered; iv. Any declaration of Interest shall be tendered; Declaration of whether a Party Whip has been applied to any item; v. Budget business on the agenda shall be transacted in the following manner: a) The Officer will speak to the budget report; b) Members will be entitled to ask questions of the Officer on the content of the report. c) The Administration propose the motion previously intimated to the Chief Executive and approved by statutory officers in accordance with Standing Order 15.3, being Administration’s budget and Council Tax for the year; d) The main Opposition group (based on the largest opposition party in terms of numbers of councillors elected) will have the opportunity to propose any Amendment previously intimated to the Chief Executive and approved by statutory officers in accordance with Standing Order 15.3; e) The second Opposition group (based on numbers of councillors elected) will have the opportunity to propose any Amendment previously intimated to the Chief Executive and approved by statutory officers in accordance with Standing Order 15.3; f) The third Opposition group (based on numbers of councillors elected) and thereafter any further Opposition groups (in order of number of councillors elected) will have the opportunity to propose any Amendment previously intimated to the Chief Executive and approved by statutory officers in accordance with Standing Order 15.3; g) Independent Members (if a formal group is formed) will have the opportunity to propose any Amendment previously intimated to the Chief Executive and approved by statutory officers in accordance with Standing Order 15.3 ; h) Any other Members (from individual parties or independent councillors) will have the opportunity to propose any Amendment previously intimated to the Chief Executive and approved by statutory officers in accordance with Standing Order 15.3on the basis of the order of intimating that intent to the Provost; i) Questions of clarification to those moving a motion or amendment or to officers about the report will be taken; j) If there is no amendment, the motion will be carried; k) If there is an amendment, and prior to going into debate, the Provost will call a recess; l) After recess the Provost will check if there are any changes to the Administration motion and the amendments, or whether there are any further amendments. To avoid confusion, motions and amendments retain their original order; namely Administration Motion, Main Opposition amendment, Second Opposition amendment, Independent amendment and other amendments; 82
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9 m) Questions of clarification on any amended motions or amendments will be permitted; n) Debate; o) Summing Up; p) Vote(s). 10.4 With the exception of a motion or amendment lodged under Standing Order 15.1 or 15.3, which has been withdrawn with the agreement of both the mover and seconder in accordance with Standing Order 16.5, no item will be removed from the agenda unless with the agreement of all Members present. 10.5 The Provost at any meetings of the Council may alter the order of business to facilitate the conduct of the meeting. 10.6 A period of 45 minutes (excluding any period of recess) will be permitted to consider individual agenda items, with the exception of the budget, question time allotted for questions lodged in terms of Standing Order 14.2 and quasi-judicial items including time for any questions to officers, proposing and seconding motions and amendments, debate and summing up unless the Provost at their sole discretion determines otherwise and allows a longer period for consideration. 10.7 Subject to the right of any Member to move to close the debate earlier in accordance with Standing Order 18.2, the Provost may call for a vote on the agenda item, after 45 minutes has elapsed, subject to the right of the mover of any motion or amendment(s) to sum up prior to the matter being put to the vote. Urgent Items 10.8 At all ordinary, special and statutory meetings of the Council, no business other than that on the agenda shall be discussed in terms of Section 50B of the 1973 Act except where by reason of special circumstances which shall be specified in the Minutes, the Provost is of the opinion that the item should be considered at the meeting as a matter of urgency. The test for urgency is whether the matter could wait to a subsequent meeting. Any request for urgent business must be intimated to the Provost no later than two hours prior to the meeting. The Provost will advise Council of the general terms of the request and thereafter advise whether the item is to be considered, and if so, at what stage during the meeting. Declaration of Party Whip 10.9 When a Party Group represented on the Council has applied the party whip binding party Members to adhere to their decision on an item of business before the Council, a declaration to this effect must be made by the Leader or Depute Leader of that Party, whom failing a Member of that party at the commencement of the meeting whether or not they are called upon to do so. Provost and Leader’s reports 10.10 The reports by the Provost and Leader shall be heard by the Council as matters of information and shall not be subject to questions, debate or motions. 83
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10 11. Declaration of Interest 11.1 If any Member of the Council has a financial or non-financial interest in any contract or any other matter as defined by section 5 of the Code of Conduct for Councillors and is present at any meeting at which the matter is to be considered, they must as soon as practical, after the meeting starts, disclose that they have an interest and the nature of that interest. The Member must leave the meeting or remote meeting platform (as applicable) unless the interest is covered by one of the exclusions in the Councillors’ Code of Conduct or is so remote or insignificant that a member of the public, knowing all the relevant facts, would reasonably regard the interest as so insignificant that it would be unlikely to prejudice the Councillor’s discussion or decision making. 11.2 Where a Member declares an interest and leaves the meeting or remote meeting platform (as applicable) the facts will be recorded in the minutes of the meeting. 12. Code of Conduct 12.1 All Members of the Council are accountable for their own individual conduct and must observe the Code of Conduct for Councillors and any guidance issued by the Standards Commission for Scotland, the law and the terms of the Council’s Standing Orders. In addition to the foregoing generality, the following standards of behaviour at meetings of the Council and its Committees must be observed: 12.2 Members must respect and behave courteously to the Provost, Member colleagues, Council employees and any members of the public present at meetings or other formal proceedings of the Council. 12.3 Members shall conduct themselves in an orderly, courteous and respectful manner and comply with the rulings of the Provost and otherwise respect the authority of the Provost. This includes rulings on the proper and timely conduct of meetings, the acceptability of conduct and language used, and the fairness and sufficiency of the debate. When the Provost speaks, any Member who is addressing the meeting will stop speaking immediately. No members will speak until the Provost has finished speaking. 12.4 When a Member is addressing the meeting, other Members shall not converse or otherwise behave in a manner which is disruptive to the Member speaking or to the meeting. Abusive or offensive language shall not be acceptable and Councillors shall have regard at all times to the requirements of the equalities legislation. Members must wait to be invited by the Provost to speak at any meeting. 12.5 All phones should be switched off or on silent and Members should not correspond, whether by email, text, or any other electronic means with any other Member or other person during a Council Meeting (except as required for the conduct of any non- regulatory meeting and providing this is done in a manner which respects the authority of the Provost). The use of social media is prohibited during the conduct of all Council meetings. Research through the internet is permitted providing it is done in a manner which respects the authority of the Provost and does not interfere with the business of the meeting. Such restrictions shall not preclude participation in a meeting which takes place over a remote meeting platform. 84
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11 13. Public Access to Meetings 13.1 Every meeting of the Council shall be open to the press and public to the extent that they are not excluded under the provisions of Sections 50A (2) and (4) of the 1973 Act. 13.2 The Council may by resolution at any meeting exclude the press and public therefrom during consideration of an item of business where it is likely in view of the nature of the business to be transacted or of the nature of the proceedings that if Members of the press and public were present there would be a disclosure to them of exempt information as defined in Schedule 7 (A) of the 1973 Act or it is likely that confidential information would be disclosed in breach of an obligation of confidence. The categories of exemption, which may apply under Schedule 7 (A) of the 1973 Act, are set out in Appendix A of Standing Orders. 13.3 These provisions shall be without prejudice to the Provost’s powers of exclusion in order to suppress or prevent disorderly conduct or other misbehaviour at a meeting as detailed in Standing Orders 6.8 and 7.1 hereof. 14. Questions Questions submitted in advance of a meeting 14.1 Any Member may ask a question at any meeting of the Council concerning any relevant and competent business not arising upon the agenda provided the terms of the question have been intimated in writing and delivered or e-mailed to the Chief Executive not later than 2.00pm on the Monday of the week preceding the meeting. A question of multiple parts will not ordinarily be permitted. The question as tabled should not include supplementary or contextual text or preamble other than is directly related to and necessary to assist in understanding the question. With the exception of questions to which a political response is sought, written responses to the questions tabled will be issued immediately prior to the meeting and uploaded to the Council’s website. Political responses to questions will be uploaded after the meeting. 14.2 The agenda of the Council meeting will allow a period of 60 minutes (excluding any period of recess) to consider and respond to questions submitted by Members in advance of the meeting unless the Provost at their sole discretion determines otherwise and allows a longer period for consideration. In the event that all questions tabled are not transacted within the allocated time, the questions as tabled and written answers as intimated immediately prior to the commencement of the meeting will be included in the Minute of the Meeting. In respect of political questions tabled and not answered orally during the allotted time period, a written response, as approved by the Provost in consultation with the Chief Executive and Solicitor to the Council for legal purposes, will be provided within 24 hours of the meeting ending and included in the Minute of the meeting. 14.3 The process for selecting the order of questions for the agenda is as follows: • Questions received are divided into lots: o Lot one – main Opposition; o Lot two – second Opposition; o Lot three – third Opposition; 85
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12 o Lot four – Independent Members and Opposition Parties with fewer than 2 members and o Lot five – the Administration. • Questions will be put into each lot, by list, in the order received by the Chief Executive, unless all Members of the relevant group have given prior written agreement to the Chief Executive, that the order in which questions are listed in the lot for allocation can be specified by the leader of that group; • Questions will be allocated to the agenda from each lot list in turn starting from lot one to lot five (one question from each lot in rotation) until all questions have been allocated to the agenda. • If further Opposition groups are formed during the course of the Administration, they will be added to the Lot system in order of number of councillors in the respective group. 14.4 The Member asking the question at the Council meeting may read out the question with the contextual preamble tabled. No further preamble shall be permitted. The time for delivery of each question tabled to Council for response shall not exceed 2 minutes. Responses to questions should also be delivered within 2 minutes but may also be taken “as read” in the event that the Member asking the question so agrees. The Provost may at their discretion allow a supplementary question arising directly from the answer given to the original question. The time for delivery of a supplementary question and answer will each not exceed 2 minutes. If a Member does not have the opportunity to seek a supplementary question because no time remains, they can submit it in writing to the Chief Executive by 10am on the morning immediately following the meeting who will use best endeavours to arrange for a written answer to be provided by 12 noon on the Monday following the meeting. It will be competent for any Member of the Council to move a question of which the requisite notice has been given if the Member submitting the question is absent from the meeting, however no supplementary question will be permitted if the Member submitting the question is absent from the meeting. 14.5 No discussion or resultant motions at the meeting to which the question is put shall be competent on any questions so intimated or answers given. 14.6 Such questions may be directed to the Leader of the Council, any Cabinet Member, the Chair of any Committee, or Council appointees on Outside Bodies. Such questions must relate to the functions of such office holder or member. In relation to responses from appointees on Outside Bodies, it should be noted that the responses will be as permitted by that Member’s role on the Outside Body and subject to any confidentiality requirements of that role. Competency of Questions 14.7 A question shall not be deemed competent for inclusion on the agenda or consideration at the meeting if, in the opinion of the Solicitor to the Council the question is: i. Likely to be illegal, defamatory or in breach of Data Protection principles; ii. Contrary to Standing Orders; 86
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13 iii. The same or similar to a written question submitted and placed on the agenda in terms of Standing Order 14.1 and any supplementary question following on from that question, asked at Council in the previous 6 months; iv. Similar in terms to a question that has already been submitted to the same meeting; v. Received during pre-election periods and related or could relate to political parties, candidate(s) or campaign matters in the election or referendum concerned. In such circumstances or if the notice of question gives rise to other concerns in terms of competency, the Solicitor to the Council shall immediately submit such notice of question to the Provost and it shall not be accepted and placed on the agenda without their sanction. In the event of non-acceptance, the Solicitor to the Council shall so inform the Member who submitted the notice of question who will accept the decision of the Provost as final. Questions relating to items of business on an Agenda 14.8 As Members have the opportunity to submit Congratulatory Motions in terms of Standing Order 15.4, it shall not be competent to ask a question which seeks to congratulate, commend or recognise any individual or group in relation to their achievements or activities in North Ayrshire. 14.9 Except when in debate, any Member may ask a question at any meeting of the Council concerning any item of business arising upon the agenda. Such questions must be relevant to the item of business under consideration and must be directed to any senior officer seeking clarification of the terms of a report or to the mover or seconder of any motion or amendment seeking clarity of their motion or amendment. 14.10 Except on a question of order or with the agreement of the Provost it shall not be competent for any Member to ask a question once Council is in debate. 14.11 In relation to both a question submitted in advance of a meeting and a question relating to an item on the agenda, the person answering must ensure there is a reasonable factual basis for any statement of fact made in response. Questions of Order 14.12 A Question of Order shall relate only to an alleged breach of a Standing Order. Any Member indicating a desire to raise a question of order shall state at the outset the number or terms of the Standing Order they consider to be infringed and the way in which the Member raising it considers that it has been broken. When a Question of Order is raised, the Member then addressing the meeting will stop until the determination of the Question of Order. No Member other than the Member who raised the Question of Order will speak to that question, except with the permission of the Provost. 14.13 The decision of the Provost on a Question of Order will be final. No debate on a point of order is permitted. After a Question of Order is decided, the Member who was addressing the meeting at the time when it was raised will be entitled to proceed with the discussion, giving effect to the Provost’s ruling. 87
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14 15. Motions Notices of Motion or Amendment 15.1 No Member shall be entitled to propose a motion other than one directly arising out of an item of business on the agenda of the meeting unless the proposer and seconder have delivered or e-mailed notice of the terms of the motion to the Chief Executive not later than 2.00pm. on the Monday of the week preceding the meeting. It will be competent for any Member of the Council to move a motion of which requisite notice has been given unless the motion has been withdrawn by both the original mover and the seconder in accordance with Standing Order 16.5. For amendments proposed in relation to motions lodged under this Standing Order, notice of amendment from the proposer and seconder should be emailed to the Chief Executive not later than 2pm on the Monday prior to the Council meeting and after having been checked for competency, will be circulated to Members in advance of the meeting. Notwithstanding the requirement for amendments to motions lodged under this Standing to be notified in advance and without prejudice to standing order 16.7, it will be competent to propose further amendments at the Council meeting following the questioning of the proposer of either the substantive motion or any previously notified amendment as outlined in this clause. Notwithstanding that a motion has been placed on the agenda and no notice of amendment has been lodged, it is competent for questions to be asked of the mover of that motion prior to the motion being approved and if appropriate, an amendment can be lodged to that motion on the undernoted basis. Amendments to motions or amendments lodged by Members in terms of this clause and made during the meeting must: • directly relate to the issues raised during questioning or • directly relate to matters contained within amendments previously notified. All such amendments will be restricted to the same parameters of relevance, outcomes and timescales in accordance with the notification requirements of this standing order. 15.2 Except as otherwise provided in these standing orders, it shall also be competent for any Member to propose a motion or amendment relating to any item of business on the agenda of a meeting, providing such motion or amendment is directly relevant to the item under consideration. Motions or Amendments at the Annual Budget Meeting 15.3 Standing Orders 15.1 and 15.2 do not apply at the annual budget setting meeting which considers the Annual General Services Revenue Estimates and the setting of Council Tax and other financial budget setting reports. For initial motions or amendments proposed in relation to the setting of the Annual General Services Revenue Estimates and setting of Council Tax at the budget setting meeting, these should be emailed by the proposer and seconder to the Chief Executive not later than 2pm on the Wednesday, two weeks prior to the Council meeting. Notwithstanding the requirement for motions and amendments lodged under this Standing Order to be notified in advance and without prejudice to standing order 16.7, it will be competent to propose further amendments at the Council meeting following the questioning of officers or the proposer of either the substantive motion or any 88
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15 amendment through following the procedure outlined in Standing Order 10.3. Motions or amendments lodged by Members in terms of this clause and made prior to and during the meeting must: • Have a current detailed assessment for equalities and other statutory impacts which meet statutory requirements. • Be approved for competency prior to lodging by the Section 95 Officer; • Be approved for competency prior to lodging by the Monitoring Officer and • propose the setting of a balanced budget. • Any amendment which proposes negation to a motion to set a balanced budget or would result in failing to set a balanced budget lodged during the meeting will not be competent. Motions or amendments lodged in accordance with this provision will be notified to other Members and published not earlier than 2pm on the Monday preceding the Council budget setting meeting. 15.4 Any motion or request signed by at least two Members which seeks to congratulate, commend or recognise any individual or group in relation to their achievement or activities within North Ayrshire shall be included in the agenda item detailed in Standing Order 10.1 (xi). That item will simply detail the name of the person or group to be recognised and the reason for the recognition. In the absence of any dissent, the agenda item will be treated as approved. If there is any dissent as regards any particular individual or group, the matter shall proceed to a vote, without any questions or debate. 15.5 A notice of motion, motion or amendment shall not be deemed competent for inclusion or consideration on the agenda if, in the opinion of the Solicitor to the Council the motion or amendment is: i. Likely to be illegal, defamatory or in breach of Data Protection principles; ii. Likely to give rise to a contravention by the Council of any enactment or rule of law or any code of practice made or approved by or under any enactment; iii. Contrary to Standing Orders; iv. The same or similar to a motion determined at Council in the previous 6 months; v. Similar in terms to a motion that has already been submitted to the same meeting; vi. Likely to incur expenditure, the source of which has not been identified; vii. Likely to result in a reduction of income, the compensatory source for the income lost not having been identified; viii. Proposing use of the Council’s reserves as a source of funding for the purpose of the motion or amendment without the prior advice and agreement on competence from the Chief Financial Officer having been obtained; ix. Proposing use of the Council’s reserves as a source of funding for the purpose of the motion or amendment where this would result in the Council’s reserves dropping below the minimum threshold; x. Requires to be assessed for equalities impact; xi. Imprecise as to outcome; xii. Received during pre-election periods and relates or could relate to political parties, candidate(s) or campaign matters in the election or referendum 89
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16 concerned. xiii. Would result in not setting a balanced budget at the Council’s budget setting meeting xiv. Proposes the negative to a motion or amendment lodged to set a balanced budget xv. A motion to suspend standing orders and does not comply with the terms of Standing Order 23.1 In such circumstances, or if the notice of motion or amendment gives rise to other concern in terms of competency, the Solicitor to the Council shall immediately submit such notice to the Provost and it shall not be accepted, placed or considered on the agenda or at the meeting without their sanction. In the event of non acceptance, the Solicitor to the Council shall so inform the Member who submitted the notice of motion or amendment who will accept the decision of the Provost as final. Motions arising from Outside Bodies 15.6 In the event of the Chief Executive or the Leader of the Council receiving a request for support of a motion or resolution passed by another local authority or other public body, the procedure set out in Appendix C to these Standing Orders shall apply. The procedures for Motions as provided for in Standing Order 15.1 shall apply equally in such circumstances. Time for Consideration of Motions 15.7 The time to deal with each motion outlined in terms of paragraph 15.1, including time for any questions, proposing and seconding motions and amendments, debate and summing up, (but excluding any period of recess) shall be no longer than 45 minutes unless the Provost at their sole discretion determines otherwise and allows a longer period for consideration. Subject to the right of any Member to move to close the debate earlier in accordance with Standing Order 18.2, the Provost may call for a vote on a motion, after 45 minutes have elapsed, subject to the right of the mover of any motion or amendment(s) to sum up prior to the matter being put to the vote. 16. Procedure Prior to Debate 16.1 In relation to items of business on the agenda, the Provost will ask the Council Administration if they wish to propose a motion (except in relation to 10.1 (xx) Motions, when the proposer of the motion shall be given the first opportunity to propose the motion, which failing, any Member may propose the motion). If a member of the Council Administration does not propose a motion, any Member may propose a motion. Any such motion must be immediately seconded. Thereafter the Provost will seek any amendments, which should also be seconded. The proposer and seconder of any motion or amendment may speak to their motion or amendment for up to 5 minutes when proposing it, otherwise they shall be allowed to speak to it during debate. Where the motion or amendment relates to the annual setting of the General Fund or Housing Revenue Account revenue or capital budget or level of Council Tax or housing rent, the proposer and seconder of any motion or amendment will not speak for any more than 10 minutes when proposing it, except with the consent of the Provost, otherwise they shall be allowed to speak to it during debate. 16.2 All motions and amendments must be directly relevant to the report to which they refer. 90
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17 Any amendment to a motion lodged in accordance with Standing Order 15.1 shall be a counter proposal to the respective motion and restrict itself to the same parameters of relevance, outcomes and timescales. The Provost shall have the authority to rule out of order: i. any motion or amendment which they may consider irrelevant; ii. any motion which is substantially the same as a previous motion on the agenda; iii. any amendment which is substantially the same as the motion or another amendment; iv. any amendment which is in the opinion of the Provost insufficiently linked to the business/motion under consideration and falls outwith the appropriate parameters of relevance which the Provost shall at their discretion determine v. Any amendment proposing the negative to a motion or amendment lodged to set a balanced budget. vi. Any motion or amendment at the budget meeting which would not set a balanced budget. 16.3 A Member who has moved an amendment but failed to find a seconder may if they so request have their dissent to a decision recorded in the minutes. Such a request may also be made by any Member whether or not they have moved a motion or amendment. 16.4 For meetings of North Ayrshire Council only, any motion or amendment shall be displayed at the meeting. Notwithstanding this, the terms of such motion or amendment require to be repeated or referred to by the Member moving such. 16.5 A motion or amendment once moved and seconded shall not be altered nor withdrawn without the consent of the mover and seconder. Once in debate the consent of Council will be required to the alteration or withdrawal of any motion or amendment. If the motion is withdrawn, the first amendment which is not the direct negative becomes the motion. 16.6 No Member shall move or second more than one motion or amendment upon a particular issue although a Member who has moved or seconded a motion or amendment shall not be precluded from moving or seconding a fresh amendment if he or she fails to find a seconder for their motion or if the original motion or amendment is withdrawn. 16.7 As detailed in Standing Order 14.9, prior to debate any Member may ask a question at any meeting of the Council concerning any item of business arising upon the agenda. Such questions must be directly relevant to the item of business under consideration and must be directed to any senior officer seeking clarification of the terms of a report or to the mover or seconder of any motion or amendment seeking clarity of their motion or amendment. A Member may also ask the mover and seconder of the motion or amendment if they are prepared to amend or alter their motion or amendment to achieve consensus. 17. Debate 17.1 There shall be no debate unless there is a motion and amendment both of which are 91
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18 seconded. 17.2 When the Provost is satisfied that there are no more motions, amendments or questions to be raised they will state that Council is in debate. 17.3 Once in debate, no other motion or amendment will be moved except in the following circumstances:- i. to suspend a Member in terms of Standing Order 7; ii. to adjourn the debate in terms of Standing Order 6.8 or 18.1; or iii. to close the debate in terms of Standing Order 18.2 17.4 Once in debate, no question will be asked except in the following circumstances: i. a question of order in terms of Standing Order 14.12; ii. with the agreement of the Provost 17.5 The mover of a motion or an amendment will not speak for more than five minutes, except with the consent of the Provost. Each successive speaker will not speak for more than five minutes. When the Member has spoken for the allotted time, they will be obliged to finish speaking, otherwise the Provost will direct the Member to cease speaking. Where the item under discussion is the annual setting of the General Fund or Housing Revenue Account revenue or capital budget or level of Council Tax or housing rent, the proposer and seconder of any motion or amendment will not speak for any more than 10 minutes, except with the consent of the Provost. 17.6 Every Member of the Council who speaks at any meeting of the Council will address the Provost and direct their speech to the subject matter of the item of business and endeavour to ensure that there is a reasonable factual basis for any statements made. 17.7 Subject to the right of the mover of a motion and the mover of an amendment to reply, no Member will speak more than once on the same item of business at any meeting of the Council, except: - i. on a question of order; ii. with the permission of the Provost iii. and in either of these cases no new matter will be introduced. 17.8 Summing-up: - The mover of an amendment and thereafter the mover of the original motion will have a right of reply for a period of not more than 5 minutes. They will introduce no new matter and once a reply is commenced, no other Member will speak on the subject of debate. Once these movers have replied, the discussion will be held closed and the Provost will call for the vote to be taken. 17.9 Officers present at the meeting, with the exception of the Chief Executive, the Solicitor to the Council, the Chief Financial Officer and the Chief Social Work Officer will not be allowed to address the Council once the Council is in debate, except: - i. where the Officer has been asked a direct question by the Provost: ii. where a question of legal or financial propriety or Best Value requires to be 92
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19 addressed or clarified; iii. where the Officer is asked to address an issue for clarification by the Provost and where the Provost decides that the Officer’s advice is required. 17.10 It should be noted that Officers should be treated in accordance with the Protocol for Member/Officer relations and the provisions of the Code of Conduct for Councillors. 18. Procedural Motions 18.1 Any Member of the Council may at the conclusion of any speech move that the Council adjourns and such motion will have precedence over all other motions. Such a motion must be seconded but need not be reduced to writing. It will be moved and seconded without discussion and will immediately be put to the meeting. When an adjourned meeting is resumed, subject to Standing Order 10 it will commence at the point at which it was broken off at the adjournment. 18.2 It will be competent for any Member who has not already spoken in a debate to move the closure of such debate. The motion must be seconded but need not be reduced to writing. It will be moved and seconded without discussion and will be immediately put to the meeting for the vote to be taken. If a majority of the Members present vote for the motion, the debate will be closed. However, closure is subject to the right of the mover of the motion and of the amendments(s) to sum up in accordance with standing orders. Thereafter, a vote will be taken immediately on the subject of the debate. 19. Voting 19.1 All business of the Council will be decided by a majority vote of those Members present and voting, except in those circumstances where Standing Orders specify otherwise in terms of Standing Orders 6.5, 19.5, 23.1 and 25.1. 19.2 When a motion and two or more amendments to it are before a meeting and any one of the proposals, in the opinion of the Provost, implies negation, the vote shall be taken on the proposal involving negation as soon as the debate is completed and before the vote, if any, on the remaining proposals is taken. The proposal involving negation shall be put to the meeting in the form of “proceed” or “not proceed”. If “not proceed” is carried by majority of votes, the remaining proposals shall drop, but if “proceed” is carried a vote shall be taken between the remaining proposals as hereinafter provided. 19.3 Where a motion and one amendment only are before the meeting these will be voted on together, but if there are more amendments than one, the amendment first proposed will be put to the vote against the motion. The winner of that vote will then be put against the second amendment, and so on. 19.4 If a Member wishes their abstention to be recorded in the minutes, they must immediately declare so to the meeting when the vote has been taken. 19.5 For the Local Development Plan Committee only and where seventeen Members of Council present and voting so decide, the following alternative procedure to that detailed in Standing Order 19.3 hereof may be adopted:- if there are more amendments than one, the amendments will each be the subject of a separate debate, vote and 93
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20 determination, starting with the first amendment. If the first amendment is agreed, the substantive motion will be altered to give effect to the wording of that amendment before debate, vote and determination of the second amendment and so on. Once the debate on the first amendment commences, no new motion or amendment shall be lodged, except in the circumstances set out in Standing Order 16.3. Except as required to give effect to this paragraph, all remaining provisions of Standing Orders shall remain in full force and effect. Casting Vote 19.6 In the case of an equality of votes, the Provost or Depute Provost if presiding, or in the absence of the Provost/Depute Provost, such other Member presiding, shall have a second or casting vote except where the matter which is the subject of the vote relates to the appointment of a Member to any particular office or Committee, in which case the decision shall be by lot. Roll Call Votes 19.7 Voting shall normally be by a show of hands but at the Council Meeting which is held in person, if six or more of the Members present so request, the name of each Member voting or declining to vote shall be recorded in the minute by the Chief Executive by calling the roll of the Members. In relation to Committees held in person, no less than three Members will be required to request a roll call vote. Where the meeting is being held via a remote meeting platform, and unless Council agrees to use an electronic voting system which transparently displays how individual Members have voted, all voting shall be by roll call vote. Voting by Ballot 19.8 If the Council so decides, voting shall be by ballot, which shall be undertaken by the Chief Executive to ensure the secrecy of the vote. A decision to proceed by ballot shall require a majority of those Members present and voting before the ballot may be undertaken. Where the meeting is being held via a remote meeting platform, unless there is an agreed electronic voting system in use which allows for a secret ballot, such a ballot may not be feasible, and voting shall instead be by roll call vote. 20. Voting on Appointment of Members 20.1 In the case of an appointment where only one vacancy requires to be filled and there are two or more candidates, a vote shall be taken between the candidates and the one receiving the most votes shall be declared duly appointed. In the event of an equality of votes, the candidate selected in a cut of cards as having the highest value card (ace high) shall be declared duly appointed. 20.2 In the case of appointments where more than one vacancy requires to be filled and the number of candidates nominated exceeds the number of vacancies, voting shall take place. Each Member shall be entitled to vote for one candidate for each vacancy and the candidates receiving the highest number of votes shall be appointed to the number of vacancies to be filled. In the event of an equality of votes the candidate selected in a cut of cards as having the highest value card (ace high) shall be declared duly appointed. 94
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21 21. Disclosure of Information 21.1 Information, whether contained in a document or otherwise, which is confidential information within the meeting of Section 50A of the 1973 Act, shall not be disclosed to any person by any Member or Officer. 21.2 The full or any part of a document marked “not for publication by virtue of the appropriate paragraph of Part 1 of Schedule 7A to the Local Government (Scotland) Act 1973” shall not be disclosed to any person unless or until the document has been made available to the public or the press under Section 50B of the 1973 Act. 21.3 Any information regarding proceedings of the Council from which the public may have been excluded shall not be disclosed to any person unless or until disclosure has been authorised by the Council or the information has been made available to the press or to the public under Section 50B of the 1973 Act. 21.4 Without prejudice to the foregoing no Member shall use or disclose to any person any confidential and/or exempt information coming to their knowledge by virtue of their office as a Member where such disclosure would be to the advantage of the Member or of anyone known to them or which would be to the disadvantage of the Council. 22. Appointment of Executive Directors 22.1 The appointment of any permanent Chief Officer of the Council shall be undertaken by the Staffing and Recruitment Committee or any other such panel of Elected Members. All appointment made below Chief Officer level shall be made by the relevant Chief Officers in consultation with the Chief Executive. 23. Suspension of Standing Orders 23.1 Subject to the provisions of this paragraph, any one or more of the Standing Orders in any case of urgency upon a motion made, may be suspended at a full Council provided that seventeen Members of the Council present and voting shall so decide. In relation to such a motion made at a Committee of Council, at least four Members present and voting shall be required to so decide. It shall not be competent for the Council to suspend any Standing Order which gives effect to any provision of Schedule 7 to the Local Government (Scotland) Act 1973 or any other statutory provision. (This covers the arrangements for meetings and proceedings of Local Authorities). It shall not be competent for the Council to suspend any Standing Order to reconsider a decision of Council or item of business on more than one occasion, unless required by statute or the provisions of Standing Order 25.2 (ii), (iii) or (iv) apply. It shall not be competent to suspend Standing Order 15.3 relating to the budget setting process. A motion to suspend standing orders must include a title to indicate the topic of the motion and if it relates to the reconsideration of a decision within 6 months, reference to the decision by way of date and agenda item which it is sought to reconsider. Any Member competently moving the suspension of Standing Orders shall be entitled to speak for a period of not more than five minutes and shall confine their remarks to the reasons for the proposed suspension. The seconder of any such motion shall not speak other than to formally second the motion (no other Member shall be entitled to speak to the motion or to the amendment). 95
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22 23.2 If any amendment is made against suspension of Standing Orders the mover of any such amendment shall again be entitled to speak for not more than five minutes and shall similarly confine their remarks to the reasons against suspension. The seconder of an amendment shall not speak other than to formally second the amendment. There will be no discussion on the motion or the amendment and the motion to suspend standing orders or not will immediately be put to the vote. 24. Variation and Revocation of Standing Orders 24.1 It shall not be competent at any meeting of the Council to revoke or vary any of the Standing Orders except: i. Upon a resolution to that effect at an Ordinary meeting of Council following a notice given at a previous Ordinary Meeting of the Council; or ii. Upon the Chief Executive submitting to any meeting of the Council a report on any new Standing Order or alteration of any existing Standing Order which appears to be required in consequence of any decision regarding the conduct of business which has been taken by the Council or which is otherwise required for the good governance of the Council. 24.2 Any motion to revoke or vary these Standing Orders will, when voted on, be approved by a majority of the Members present and voting. 24.3 In the case of a pandemic or other public health emergency where Council is unable to meet, and in consultation with the Leader of the Council, and the Leader of all Groups, an Independent Member nominated by the Independent Members, and the Monitoring Officer, and where required to enable effective decision making or otherwise in relation to the emergency, the Chief Executive has power to amend these Standing Orders. 25. Rescinding/Reconsidering/Revocation of Previous Decisions/Resolution 25.1 Except where required by statute, no Decision of Council may be reconsidered and no item of business reconsidered which is the same or substantially the same as one previously determined by the Council within six months of the date of the making of the previous decision or determination, except where: - i. The required number of Members for the time being present and voting agree to suspend Standing Orders in accordance with and subject to Standing Order 23 above; or ii. In the opinion of the Solicitor to the Council not doing so would, result in a decision which is likely to give rise to a contravention by the Council of any enactment or rule of law or of any code of practice made by or approved by or under any enactment; or iii. The original Council Decision cannot be implemented due to reasons outwith the control of the Council; or iv. Where, as a matter of urgency, having regard to the potential loss of life, risk of substantial economic loss to the Council or any third party, (including potential 96
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23 loss or material underutilisation of funds or resources not available at the time of the Decision of Council), it is deemed by the Chief Executive that the matter ought to be reconsidered by the Council. This Standing Order does not limit the discretionary power of the Council as planning authority to decline to determine repeat planning applications. 26. Decisions of Cabinet: Call-In Process 26.1 Minutes of the Cabinet will be sent to all Members of the Council by the end of the Working Day following the meeting, or as soon as practicable thereafter. No action will be taken to implement decisions until the expiry of five further Clear Working Days following the issue of the Minutes. Decisions can then be acted upon unless they have been called in or referred. 26.2 Members will be entitled to call-in decisions of the Cabinet on a requisition as set out in the Call in Request Form (Appendix D to these Standing Orders). This must be signed by three Members and delivered to the Chief Executive, or submitted electronically, via email to the Chief Executive from each of the three Elected Members in question on an individual basis. Such requisition must be received no later than 12 noon on the fifth clear Working Day following, and not counting, the day on which the Cabinet Minute was issued. Such requisition must state the reason for the call in. 26.3 The Chief Executive will then immediately refer the matter to the Chair of the Audit and Scrutiny Committee who will be required within five Clear Working Days of receiving notification by the Chief Executive, to arrange a date for a meeting of the Committee to consider the call-in. Call-in requisitions may be withdrawn by the three relevant Members intimating such withdrawal in the manner intimated above prior to the issue of the agenda for the relevant Audit & Scrutiny Committee. 26.4 The Audit and Scrutiny Committee shall invite at least one of the Members who has requested the call-in to attend the Committee to explain the request. The Committee will also invite a representative from the Cabinet to present their views on the call-in request and thereafter invite any senior officer to provide information on the report presented to the Cabinet and on issues raised by the call-in. Except with the consent of the Chair, Members requesting the call-in will not speak for more than ten minutes in total, and the Cabinet representative will not speak for more than 10 minutes. After conclusion of the call-in submissions and questions from Members, the call-in group (one person speaking), Member and Officer will be entitled to sum up for a period not exceeding 5 minutes. If none of the Members who have made the call-in reference attend the Audit and Scrutiny Committee the Committee may determine not to scrutinise the decision. 26.5 No member of the Audit and Scrutiny Committee who has signed a call-in request may take part in consideration of the call-in request. 26.6 Where the Audit and Scrutiny Committee does not agree on a majority vote with the decision of the Cabinet the matter will be referred to the next meeting of the Cabinet. The Audit and Scrutiny Committee will determine recommendations for alternative action for the Cabinet. The Chair or another Member of the Audit and Scrutiny Committee nominated by the Chair will have the right to attend the Cabinet and speak in support of its recommendation on that matter. 97
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24 26.7 The Cabinet will at its next meeting consider the recommendation from the Audit and Scrutiny Committee and shall either agree to the recommendation or refer the matter to the next meeting of the full Council. This decision of Cabinet may not be called in. 26.8 In the event of the matter being referred to the full Council, the decision of the full Council shall be final and binding. 27. Discharge of Functions by Committees and Officers Scheme of Administration for Committees 27.1 The Council may arrange for the discharge of its functions by a Committee or Sub-Committee and will adopt a Scheme of Administration to (a) detail the constitution of the Committees and/or Sub-Committees of the Council (including composition, Chair, and quorum); and (b) determine the terms of reference of the Committees and Sub- Committees and the scope of their powers to exercise functions of the Council. 27.2 The Scheme of Administration will establish a Cabinet (which will also act as an Education Committee as required), Audit and Scrutiny Committee and such other Committees or Sub-Committees as the Council may from time to time determine. 27.3 In the event that any Group does not appoint to any committee the number of Councillors they are entitled to appoint within 12 weeks of the vacancy arising, Council may at its next meeting appoint any other Member of the Council to fill such a vacancy or vacancies. Working Groups and Advisory Panels 27.4 The Council and its Committees may establish any working group and advisory panels as may be required from time to time, but each working group will have a limited time span as may be determined by Council or the parent Committee. 27.5 The membership, Chair and quorum of working groups will be determined by Council or the parent Committee, which membership will comprise Elected Members and, where appropriate, officers from this Council and/or representatives from community groups/partner agencies. 27.6 A working group is not a Committee or Sub-Committee of the Council and will not have any delegated powers to implement its findings but will prepare a report for consideration by Cabinet or the parent Committee. 27.7 Agendas and Reports for consideration at Working Groups will be issued by electronic means to all members no later than two Clear Working days prior to the start of the meeting. Scheme of Delegation to Officers 27.8 Subject to Section 50G (2)(b) of the 1973 Act, the Council shall maintain a list specifying those powers of the authority which are exercisable from time to time by officers of the authority under the 1973 Act or any enactment and this list will state the title of the officer by whom each of the powers so specified is for the time being so exercisable. 98
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25 28. Proceedings of Committees and Sub-Committees 28.1 The business of Committees or Sub-Committees will be conducted as follows: - i. The business of the Committee or Sub-Committee will be conducted in accordance with the provisions of Standing Orders and any statutory or regulatory provisions in respect of such business. ii. Such business will proceed primarily on the basis of reports submitted by Officers or referrals by Council, other Committees or other relevant bodies. iii. Notwithstanding the foregoing, Council may, if it considers it appropriate for the proper conduct of the business of the Council, instruct a report on, or consider any matter as it is referred to in the remits of any Committee or Sub Committee. In relation to functions delegated to North Ayrshire Integration Joint Board, Council will not make decisions, but may make recommendation to the Board. iv. The Ordinary Meetings of Committees (excepting the North Ayrshire Integration Joint Board, the Ayrshire Shared Services Committee and Ayrshire Regional Economic Joint Committees and any sub-committees thereof) will commence at times as may be determined by the Council and will meet according to a timetable determined by the Council from time to time. Without prejudice to the foregoing, the Chair of a Committee of Sub-Committee will have power where the circular calling the meeting has not been issued, to rearrange the date, time and place of a Committee or Sub-Committees in cases of urgency, subject to obtaining the agreement of the Council Leader and the Leader of the Opposition. The date, commencement time and timetable of meetings of North Ayrshire Integration Joint Board and any of its sub-committees will be determined by North Ayrshire Integration Joint Board. The date, commencement time and timetable of meetings of the Ayrshire Shared Services Committee, the Ayrshire Economic Joint Committees and any sub- committees thereof will be determined by whichever of the Councils then holds the Chair. v. A Chair of a Committee or Sub-Committee may at any time give instructions for the calling of a special meeting, but the notice will state the special purpose for which it is called. Such meeting will be held at the time, date and venue/mode as determined by the Chief Executive. This may include a meeting on a wholly remote basis by electronic means or in circumstances whereby some Members attend the Council Chambers and other take part via remote means. 28.2 The exercise of delegated authority by a Committee or Sub-Committee is subject to the following: i. The exercise of powers is discretionary, and a Committee or Sub-Committee may determine not to exercise its delegated powers. ii. The consideration of all Committee business which has not been completed before the meeting is brought to an end shall be postponed to the next meeting of the Committee, whether Ordinary or Special. iii. Committees and Sub-Committees shall appoint their own Chair or Vice-Chair if Council has failed to do so. In the absence of the Chair or Vice-Chair the Committee will be required to elect a member from those present to chair the meeting. The Chair of any Sub-Committee must be a member of the parent Committee. iv. In the event that an issue arises which falls within the remit of more than one 99
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26 Committee, the Chairs of said Committees will determine which Committee shall deal with the issue. v. There will be no temporary substitution of Members of Committees and Sub- Committees unless specific provision is made for the temporary substitution of Members of a particular Committee or Sub-Committee within these Standing Orders or in any relevant Minute of Agreement, Constitution or similar document. 28.3 Planning Committee Call-In i. In terms of Section 43(6)A of the Town and Country Planning (Scotland) Act 1997, three or more Elected Members can refer an application which would otherwise be determined by an officer under the Council’s Scheme of Delegation to Officers, for determination by the Planning Committee. Any such request must be signed by three Elected Members and delivered to the Chief Executive, or submitted electronically, via an individual email to the Chief Executive from each of the three Elected Members in question. Such requisition must be received no later than 12 noon on the twenty first calendar day (all days inclusive) following validation of the application. Such requisition must state the reasons for the call-in, which must relate to the provisions of the Local Development Plan and any material planning considerations which are relevant to the application. The reasons will be shared with the applicant. ii. On receipt of such a call-in, the Chief Executive will consult with the Chair of the Planning Committee and if the Chief Executive is satisfied that the call-in complies with the terms of Standing Order 28.3.i, the application shall be referred to the Planning Committee for determination of the call-in requisition. No Member of the Planning Committee who has signed a call-in request may take part in consideration of the call-in request. iii. At least one of the Members who has requested the call in will be asked to attend the Planning Committee to explain the request. The Committee may either agree to determine the planning application at a future committee or decide not to determine it, leaving officers to determine the planning application under delegated powers. 29. Approval and Signing of Minutes 29.1 Minutes of Meetings of Committees with delegated powers shall be submitted to the next meeting of that Committee for approval of their accuracy and thereafter signed by the Chair of that Committee. Subject to the provisions of 26.1, Officers may implement any decision made within the delegated powers of such Committees immediately after the meeting. 29.2 Minutes of Meetings of Committees, which do not have delegated powers, will be submitted to Council or Cabinet as appropriate for approval of the decisions contained therein and to the next meeting of that Committee for approval of their accuracy. Following approval of such minutes (excepting Cabinet, the decision of which cannot be implemented until the expiry of the periods mentioned in Standing Order 26) Officers will be able to implement any decisions contained within the Minutes. 29.3 Where Minutes are submitted for approval of their accuracy, there shall be no 100
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27 discussion of the Minutes, except upon their accuracy and any question on their accuracy shall be raised by amendment to the motion to approve the Minutes. The amendment to the Minutes will require to be intimated to the Chief Executive by 12 noon on the day preceding the meeting. The Provost will submit the Minutes for approval and in the event that an Amendment is proposed, a seconder for both the motion to approve and the amendment will immediately be sought. There will be no discussion on the motion or the amendment and the matter to approve or amend will immediately be put to the vote. 30. Petitions and Deputations 30.1 Every application for the reception of a deputation to the Planning or Licensing Committees or petition to the Audit and Scrutiny Committee must be in writing and delivered, or e-mailed to the Chief Executive no later than 5.00 p.m. on the Tenth Clear Working Day prior to the meeting. 30.2 Procedures for receiving petitions and deputations shall be as set down in Appendix B to these Standing Orders. No petition or deputation shall be received by the Committee in relation to any regulatory or quasi-judicial function of the Council where the opportunity of a hearing or deputation has previously been afforded to any person. No late petition or deputation request shall be received except in accordance with Standing Order 10.8. 31. Contract Standing Orders and Financial Regulations 31.1 The Council may make Contract Standing Orders and Financial Regulations for the regulation or making by it, or on its behalf of contracts and for the proper planning, execution and control of its financial affairs. Such Standing Orders and Regulations will form part of these Standing Orders and will be read with them along with any Scheme of Delegation to Officers made by the Council. 31.2 Contract Standing Orders and Financial Regulations made by the Council in terms of this Standing Order will apply to Committees, Members of the Council, Officers and agents of the Council as appropriate. 31.3 The Scheme of Administration, Scheme of Delegation, Financial Regulations and Contract Standing Orders will have the same standing as Standing Orders and can only be amended in the same manner as Standing Orders. 32. Ultimate Power of the Council 32.1 Without prejudice to any decision taken by a Committee in exercise of delegated powers, the Council may at any time deal with any matter included in the terms of reference of a Committee even if no report from Committee is before it. 33. Definitions 33.1 In these Standing Orders the following words and phrases will have the following meanings respectively ascribed to them: - i. “Provost” or “Chair” will mean the person appointed to Chair the Council, Committee or Sub-Committee: 101
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28 ii. “Depute-Provost” or “Vice- Chair” will mean the person appointed to Chair the Council, Committee or Sub Committee in the absence of the Provost or Chair; iii. “Cabinet Portfolio Holder” will mean the Member who has been given responsibility for a group of services. The postholder will be a Senior Councillor and will receive appropriate remuneration in terms of the Scheme of Allowances; iv. “Chief Executive” will mean the Head of Paid Service of the Council as defined in terms of the Local Government and Housing Act 1989 s4(1)(a) or such other person as may be nominated by them; v. The “Chief Financial Officer” will mean the proper officer so designated by the Council in terms of the Local Government (Scotland) Act 1973 s.95 or such other qualified accountant as may be nominated by them; vi. “Clear Working Days” will unless otherwise specified, mean the whole 24-hour period of a day, Monday to Saturday inclusive, including public holidays. vii. The “Council” will mean The North Ayrshire Council being a Local Authority constituted under the Local Government Etc. (Scotland) Act 1994; viii. A “Decision of Council” will be deemed to have been made where any of the following circumstances occur: - i. A motion or amendment in accordance with the provisions of these Standing Orders, has been passed by the necessary majority at Council, Committee or Sub-Committee. ii. The exercise by the appropriate officer of any power delegated to them either by reason of another Decision of Council or in terms of the Scheme of Delegation. iii. The exercise by the Chief Executive of the discretion available to them. iv. Such Decision of Council will be deemed to include any necessary actions required to give effect to such decision. v. Where a Decision of Council is subsequently found to be incapable of implementation because of a defect or a new supervening factor, then subject to the confirmation of the Chief Executive upon advice taken, the Decision of Council may be given effect to with the removal of such defective element, or its replacement with a suitable and in all respect compatible element, provided always that the likely outcome of the resultant Decision of Council is materially the same or sufficiently similar to the original decision. In such circumstances the Chief Executive will be obliged to report such change to the next appropriate meeting of the Council, and any decision on such report will not require the suspension of Standing Orders. ix. “Elected Members” and “Member” will mean, except where the expression will otherwise so require, a Councillor of the Council only, as the word “Councillor” is defined by reference to the Local Government Etc. (Scotland) Act 1994 s5; x. “Hybrid Meeting” is a meeting where some Members attend in person and others take part via the remote online meeting platform. Voice access by telephone is not part of the accepted method of joining a remote meeting. xi. “Party” will mean any grouping of two or more Members, previously intimated to the Chief Executive; xii. “Present and voting” or “present and vote” shall mean Members casting an affirmative or negative vote. Members who abstain from voting are considered as not voting; xiii. “Question of clarification” means a question where an explanation of the terms, meaning or expected outcome of a report, motion or amendment is sought. 102
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29 Examples of questions of clarification include: • a question seeking to aid understanding of the meaning of the terms of a motion or amendment; • a question seeking clarity of the intended outcome of a motion or its impacts; • a question seeking clarity of the terms of a report, its likely outcomes or impacts; xiv. “Solicitor to the Council” means the Monitoring Officer or such other legally qualified person as may be nominated by them; xv. The Interpretation Act 1978 applies to the interpretation of the Standing Orders as it applies to an Act. Any Act or other legislative provision referred to herein will include reference to any amendment, modification or re-enactment of such provision as may from time to time occur. xvi. In the event of any dispute or difference as to the interpretation of these Standing Orders and any other document the Standing Orders will prevail; xvii. The “1973 Act” shall mean the Local Government (Scotland) Act 1973, as amended. xviii. The “2000 Act” shall mean The Ethical Standards in Public Life etc (Scotland) Act 2000. 34. Emails from Elected Members to the Chief Executive in respect of Standing Orders 14.1, 15.1, 15.2, 26, 28.3 and 30 should be submitted using the Council allocated email address i.e. [MemberName]@north-ayrshire.gov.uk. Such emails will be accepted as having been signed by the Elected Member. 103
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30 Appendix A Local Government (Scotland) Act 1973 SCHEDULE 7A: DESCRIPTIONS OF EXEMPT INFORMATION 1. Information relating to a particular employee, former employee or applicant to become an employee of, or a particular office holder, former office-holder or applicant to become an office- holder under, the authority. 2. Information relating to any particular occupier or former occupier of, or applicant for, accommodation provided by or at the expense of the authority. 3. Information relating to any particular applicant for, or recipient or former recipient of, any service provided by the authority. 4. Information relating to any particular applicant for, or recipient or former recipient of, any financial assistance provided by the authority. 5. Information relating to the adoption, care, fostering or education of any particular child or relating to the supervision or residence of any particular child in accordance with a supervision requirement made in respect of that child under the Social Work (Scotland) Act 1968. 6. Information relating to the financial or business affairs of any particular person (other than the authority). 7. Information relating to anything done or to be done in respect of any particular person for the purposes of any of the matters referred to in section 27(1) of the Social Work (Scotland) Act 1968 (providing reports on and supervision of certain persons). 8. The amount of any expenditure proposed to be incurred by the authority under any particular contract for the acquisition of property or the supply of goods or services. 9. Any terms proposed or to be proposed by or to the authority in the course of negotiations for a contract for the acquisition or disposal of property or the supply of goods or services. 10. The identity of the authority (as well as of any other person, by virtue of paragraph 6 above) as the person offering any particular tender for a contract for the supply of goods or services. 11. Information relating to any consultations or negotiations, or contemplated consultations or negotiations, in connection with any labour relations matter arising between the authority or a Minister of the Crown and employees of, or office-holders under, the authority. 12. Any instructions to counsel and any opinion of counsel (whether or not in connection with any proceedings) and any advice received, information obtained or action to be taken in connection with:- i. any legal proceedings by or against the authority, or ii. the determination of any matter affecting the authority, iii. (Whether, in either case, proceedings have been commenced or are in contemplation). 104
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31 13. Information which, if disclosed to the public, would reveal that the authority proposes:- i. to give under any enactment a notice under or by virtue of which requirements are imposed on a person; or ii. to make an order or direction under any enactment. 14. Any action taken or to be taken in connection with the prevention, investigation or prosecution of crime. 15. The identity of a protected informant. 105
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32 Appendix B NORTH AYRSHIRE COUNCIL GUIDANCE ON DEPUTATIONS AND PETITIONS 1. Introduction 1.1. This guidance sets out the process to be followed by persons wishing to make a deputation or submit a petition to the Audit and Scrutiny, Planning, or Licensing Committees. 2. Procedure 2.1 Every application for the reception of a deputation or petition must be in writing, duly signed and delivered or e-mailed to the Chief Executive no later than 5.00p.m. on the Tenth Clear Working Day prior to the meeting. 2.2 The application should give details of the matter to be raised. You should be able to demonstrate that you have taken steps to resolve the issues prior to submitting your application, including submission of a complaint under the Council’s Complaints Procedure where relevant. Details of the services or officers approached, together with copies or summaries of the responses received should be submitted along with your application form. Where no covering letter has been submitted, officers will write to the initial signatory of the petition to request the supporting documentation, in the absence of which the Chair of the Audit and Scrutiny Committee may decline to accept the petition. 2.3 Petitions or deputations will only be received if they relate to the delivery of Council services or to services which are provided by the Council in conjunction with other partner organisations, or if they relate to decisions that the Council has taken or is about to take. Your petition must contain a minimum of 10 written signatures from different North Ayrshire households. E-petitions may be lodged in support, but not in substitution for the 10 written signatures. The petition should give details of the matter concerned. Again, you should be able to demonstrate that you have taken steps to resolve the issue of concern prior to submitting your petition. 2.4 A petition will not be competent in the following circumstances: - • If it relates to a case that is or has been subject to legal or court proceedings, ombudsman complaints, industrial tribunals, appeals procedures; • If it requests the Council to do something outwith its powers; • If it discloses information which is protected by an interdict or court order; • If it reveals commercially sensitive or confidential information; • If it would cause personal distress or loss; and • If it relates to an individual’s circumstances or an individual’s grievance • If it relates to any regulatory or quasi-judicial function of the Council where the opportunity of a hearing or deputation has previously been afforded to any person. • The deputation or petition seeks to review an issue which is the same or substantially the same as a Decision of Council made within the previous six months; • It relates to functions delegated to North Ayrshire Integration Joint Board; or • The deputation or petition seeks to review an issue which has already been considered by the Audit and Scrutiny Committee in terms of Standing Order 26 (Call- in of Cabinet Decisions) 106
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33 2.5 If 10 or more letters are received on one specific issue, these will be treated in the same way as petitions. If the individual leading the letter writing campaign can be identified, that person will be treated as the principal petitioner and the same procedures will apply as for petitions generally. 3 Determination 3.1 When an application for a deputation/petition is received the Chair of the Audit and Scrutiny Committee will be advised of the issues raised and will decide whether the matter should be dealt with at the next Committee meeting. 3.2 If your request for a deputation or to submit a petition is refused, the reasons for this will be notified to you. 3.3 If your application is approved, you will be invited to attend the Committee meeting. As many Members of your group as wish may attend the meeting, but the number of persons allowed to address the Committee will be limited to a maximum of 3. You will also be asked to identify the principal spokesperson beforehand. 3.4 If during a pandemic or public health emergency, the public are to be excluded from a meeting of a local authority whenever it is likely that, if members of the public were present, there would be a real and substantial risk to public health due to infection or contamination with coronavirus, then paragraphs 3.3 and 4 will not apply, and you will be invited to submit written submissions for the consideration of the Committee. 4 Addressing the Committee 4.1 You should remain seated at all times during the meeting, until the spokespersons are invited to speak by the Chair. You will be limited to ten minutes in total to present your case to the meeting. Once you have addressed the meeting, the Members present will be invited to put questions to you. Appropriate Members or officers of the Committee may also be invited to speak and to receive questions. If the officers are presenting a written report, you will be given a copy, if possible, in advance of the meeting. After conclusion of the petition submissions and questions from Members, the petitioners (one person speaking), Member and Officer will be entitled to sum up for a period not exceeding 5 minutes. 4.2 The Committee will then take a decision on the matter before it, if appropriate, or if it relates to an item elsewhere on the agenda of the meeting may wait until they reach that item before taking a decision. Once you have heard the decision you are free to leave but are welcome to stay to listen to the rest of the meeting if you so wish. 4.3 If nobody addresses the Committee in support of the petition, the Committee will still consider the item, having regard to the papers on the agenda. 5 Deputations and Petitions Relating to Planning Applications 5.1 The Council has approved separate procedures which apply to requests by objectors to planning applications who are seeking authority for a deputation to address the Planning Committee in support of their objections. 107
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34 Appendix C North Ayrshire Council Procedure on Dealing with Requests to the Council from Outside Bodies to Support Resolutions and Motions 1. Purpose 1.1 To advise on the procedure for handling requests to the Council from Outside Bodies to support resolutions or motions. 2. Background 2.1 From time to time the Chief Executive, or the Leader of the Council, receives requests from Outside Bodies e.g. other local authorities, to support resolutions or motions passed by those bodies. These may relate to subjects of national or local importance and generally the aim is to mobilise national support for a particular position. 3. Procedure 3.1 To ensure that such requests are handled in a consistent manner the following steps will be followed. 3.2 On receipt of such requests, Committee Services will take the following action: - i. Acknowledge the request and advise the Outside Body that it will be circulated to Group Leaders for their attention. The Outside Body will also be advised that in terms of the procedure, no further action will be taken unless a motion in support is subsequently considered by the Council. ii. Circulate the request by email to Group Leaders and Independent Members for their attention. It will be for such Members to decide whether they wish to support the resolution or motion passed by the Outside Body. 3.3 Any Member wishing to support the terms of the resolution or motion will be requested to submit a formal notice of motion (properly seconded) to the Chief Executive within the usual timescale for the receipt of such notices for the next ordinary meeting of the Council i.e. 2.00 p.m. on the Monday of the week preceding the Council meeting. 3.4 On receipt of such a motion, Committee Services will arrange for the motion to be added to the agenda for the next ordinary Council meeting in the usual manner. The outcome of the Council’s deliberation will be communicated to the Outside Body thereafter. 108
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35 Appendix D Call In Request Form We request in terms of paragraph 26.2 of the Standing Orders Relating to Meetings and Proceeding of the Council that the decision taken by the Cabinet be called in by the Audit and Scrutiny Committee. Names of Councillors Requesting Call In 1. 2. 3. Details of the Decision Taken By The Cabinet (Please specify the Minute reference) Reasons for Call In (Please specify your reasons for requesting that the Audit and Scrutiny Committee call in the decision) Desired Outcome (Please specify your desired outcome) This form must be received by the Chief Executive’s Office not later than 12 noon on the fifth Clear Working Day following, and not counting, the day on which the Cabinet Minute was issued. Date Time Received by Chief Executive Received by Committee Services Acknowledged 109
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36 Appendix E NORTH AYRSHIRE COUNCIL Quick Guide to Dealing with Items of Business 1. Officer speaks to the terms of the report. 2. Questions by Members to Officers about their report. 3. The Administration move and second the motion. Provost asks if this is agreed. If it is, we move to the next item of business. 4. All Amendments are then moved and seconded. 5. Members can ask questions to the mover or seconder of a motion or amendment seeking clarity of the terms of the motion/amendment. This also gives Members the opportunity to ask if a mover of the motion or amendment is prepared to alter this to achieve agreement. 6. When the Provost is satisfied that there are no more amendments or questions (e.g. once the questions stop and the Provost receives a negative response to the question “Are there any further amendments”) they will state “We are now in debate”. 7. Debate - At debate stage members are allowed up to 5 minutes each to make submissions. No new amendments or questions are allowed once the debate starts. 8. Summing up in reverse order. In other words, last amendment sums up finishing up with the motion. 9. Voting – The first vote is for the motion against the first amendment. The winner goes against the second amendment and so on. 110
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37 Document Control Summary:- Location: I:\Committee Services\Publications\01 Standing Orders Last Revised: Revised By Nature of Revision May 2022 AC Created for New Administration May 2023 AC Amendments approved by full Council on 17 May 2023 as part of the annual review of Governance documents. September 2024 AC Amendments approved by full Council September 2024 as part of the annual review of governance documents. December 2024 AC Changes to reflect composition of the Council September 2025 AC Amendments approved by full Council September 2025 as part of the annual review of governance documents. September AC Annual review with some rewording for clarification and inclusion of specific reference to the Nolan Principles. 111
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NORTH AYRSHIRE COUNCIL 16 September 2026 North Ayrshire Council Title: Scheme of Administration Purpose: To approve the Council’s Scheme of Administration, one of the key governance documents regulating the operation of the Council, its Committees and Officers. Recommendation: That the Council agrees to approve, with effect from 17th September 2026, the Scheme of Administration, attached at Appendix 1. 1. Executive Summary 1.1 This report seeks approval by Council of the Scheme of Administration one of the key governance documents regulating the operation of the Council, its Committees and Officers. 2. Background 2.1 Audit Scotland in their report “Roles and working Relationships – Are you Getting it Right?” and follow up reports, stressed the importance of having governance arrangements that are fit for purpose and up to date. They note that such documents are critical in clarifying roles, responsibilities and expected behaviour and should be kept regularly updated. An annual review has therefore been undertaken. Scheme of Administration 2.2 One of the key rules of constitutional law is that Council, its committees and Officers can only act within the powers given to them. This is known as the ‘ultra vires’ (outwith powers) doctrine. 2.3 As powers are given directly to the Council, in turn it needs to decide which powers it will exercise through its committees, and which powers it will delegate to Officers. Powers can also be delegated to joint committees or joint boards comprising a number of different local authorities but cannot be delegated to individual Members including those appointed to outside bodies. 2.4 The Scheme of Administration sets out the functions reserved to Council, the powers delegated to its committees, and the remit and constitution of those committees. As previously, the Scheme of Administration provides that any functions which are not otherwise listed will be dealt with by Cabinet. The proposed Agenda Item 10.2 113
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membership of each committee, both in terms of overall numbers and the numbers to be appointed by the Administration, Oppositions and Independent Members, is listed under each individual committee. 2.5 Council agreed on 11th February 2026 to enter a Shared Economic Development Service with East Ayrshire Council and that as part of that process the Scheme of Administration be amended to reflect necessary changes. Those changes are reflected in the Scheme. There are also necessary amendments included in the Scheme to reflect recent changes to the Integration Joint Board following the inclusion of voting members representing the third sector, service users and unpaid carers 2.6 The Scheme has been further reviewed as part of the annual reviewing cycle. The main suggested revisals are: • The inclusion of reference to the nine Nolan Principles of Public Life in Scotland. Whilst these are embodied in the Councillors’ Code of Conduct, reiteration of the principles and their general applicability to all is considered good practice. • An augmentation of delegation to the Staffing and Recruitment Committee in relation to applications by Chief Officers for early release, early retirement or voluntary redundancy where there is a financial impact on the Council. • Updating of statutory references. • Some general rewording, removal of duplications and formatting of the document. 3. Proposals 3.1 Council is invited to approve, with effect from 17th September 2026, the Scheme of Administration attached at Appendix 1. 4. Implications/Socio-economic Duty Financial 4.1 Approval of the key governance documents is an essential component of the Council’s financial governance arrangements. Human Resources 4.2 None arising from the recommendations of this report. Legal 4.3 Approval of the key governance documents is an essential component of the Council’s legal and administrative arrangements. Equality/Socio-economic 4.4 None arising from the recommendations of this report. Climate Change and Carbon 114
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4.5 None arising from the recommendations of this report. Key Priorities 4.6 Clear, transparent governance arrangements promote good decision making. In turn, this supports the achievement of the Council’s key priorities Community Wealth Building 4.7 None arising from the recommendations of this report. Islands Communities Impact Assessment (ICIA) 4.8 None arising from the recommendations of this report. United Nations Rights of the Child (UNCRC) 4.9 None arising from the recommendations of this report. Consumer Duty 4.10 None arising from the recommendations of this report. 5. Consultation 5.1 Group Leaders, Independent Members, Executive Directors and relevant Officers have been consulted as required. Craig Hatton Chief Executive For further information please contact Aileen Craig, Head of Democratic Services, on 01294 324 125. Background Papers 0 115
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Scheme of Administration Published by Committee Services North Ayrshire Council Cunninghame House, Irvine KA12 8EE Classification: Public 116
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CONTENTS Section Page 1 General 1 2 Provisions Applicable to All Committees 4 3 Cabinet 7 4 Appeals Committee 13 5 Audit and Scrutiny Committee 14 6 Ayrshire Economic Joint Committee 17 7 Ayrshire Shared Services Joint Committee 26 8 Education Appeal Committee 28 9 Licensing Committee 29 10 Local Development Plan Committee 30 11 Local Review Body 32 12 Planning Committee 34 13 Police and Fire and Rescue Committee 36 14 Staffing & Recruitment Committee 38 15 North Ayrshire Integration Joint Board 40 117
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1 SECTION 1: GENERAL Purpose The Scheme regulates: - • The constitution and membership of the Committees of the Council; • The functions of the Committees of the Council; and • The delegation to Committees to exercise the functions of the Council. Amendment This Scheme may be amended at any time by a decision of Council by a simple majority. Interpretation In this Scheme the following expressions will have the following meaning assigned to them: “Act” in relation to the functions of the Council means an Act of Parliament or any amendment, replacement or variation thereof including Regulations made thereunder. “Area” in relation to the geographical area of jurisdiction of the Council will be North Ayrshire as defined in column one of Part 1 of Schedule 1 to the Local Government Etc. (Scotland) Act 1994. “Committee” where the context permits includes any Sub-Committee of that Committee or Joint Committee. “Co-opted Member” means any Member of a Committee who is not an Elected Member. “Council” means the North Ayrshire Council. “Chief Executive” means the Chief Executive appointed by the Council. “Chief Officer” means any Chief Officer appointed by the Council. “Executive Director” means any Executive Director appointed by the Council. “Member” means a Councillor of the Council elected in terms of the Local Government Etc. (Scotland) Act 1994. “Provost” means the Civic Head of the Council appointed by the Council. “Leader” means the Leader for the time being of the Council. “Depute Leader” means the Depute Leader for the time being of the Council. "Main Opposition" means the largest Political or other Group not forming part of the Council Administration. “Second Opposition” means the second largest Political or other Group not forming part of the Council Administration “Third Opposition” means the third largest Political or other Group not forming the Council Administration 118
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2 Further Oppositions, should they be formed within the Council, comprising political and/or other groups shall be included in the democratic process and their precedence will accord with the number of Members within that Opposition Group. Conflict with Standing Orders - in the event of any dispute or differences as to the interpretation of this Scheme of Administration and the Standing Orders for Meetings, the Standing Orders for Meetings will prevail. Statutory References All delegations with reference to statute will be deemed to include any amended or superseding legislation in relation to those delegated functions. The conduct of all Council business will be undertaken in accordance with the Nolan Principles for the conduct of public life: • Selflessness: Acting solely in the public interest. • Integrity: Avoiding inappropriate obligations or personal gain. • Objectivity: Making choices on merit and evidence. • Accountability & Stewardship: Being answerable to the public and properly managing public resources. • Openness: Taking decisions transparently. • Honesty: Being truthful. • Leadership: Promoting and supporting these standards by example. • Duty: Upholding the law and acting according to the trust placed in you. • Respect: Treating everyone with dignity and respect. 119
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3 Committees Subject to the provisions of the Local Government Etc. (Scotland) Act 1994 and other relevant statutes, the Council will appoint and maintain the following Committees and Sub Committees, namely: • The Cabinet • Appeals Committee • Audit and Scrutiny Committee • Ayrshire l Economic Joint Committee and the Ayrshire Economic Partnership Sub- Committee • Ayrshire Shared Services Joint Committee • Education Appeal Committee • Licensing Committee • Local Development Plan Committee • Local Review Body • Planning Committee • Police and Fire and Rescue Committee • Staffing & Recruitment Committee Functions are also delegated to the North Ayrshire Integration Joint Board, which is a statutory body constituted in terms of The Public Bodies (Scotland) (Integration Joint Board Establishment) (Scotland) Order 2015. The North Ayrshire Integration Joint Board also has a sub-committee, being the North Ayrshire Integration Joint Board Performance and Audit Committee. The respective Committees of the Council will have the constitution, quorum, terms of reference and delegated powers hereinafter specified under the appropriate section of the Scheme. The remit, membership and operation of the Local Negotiating Committee for Teachers will be as previously determined by Council and as stated within its Constitution until Council determines otherwise. The remit, membership and operation of the Joint Consultative Committee for Local Government Employees and Craft Operatives (JCC) will be as previously determined by Council and as stated within its Constitution until Council determines otherwise. The Council may from time to time appoint such other Committees, Sub Committees etc with such constitution, quorum, terms of reference and delegated powers as the Council may decide. The Council and its Committees may establish any working group or advisory panel as may be required from time to time with terms of reference and time span as may be determined by Council or the parent Committee. A Working Group or Advisory Panel so constituted is not a committee or sub-committee of the Council and will not have delegated powers to implement findings or recommendations. The remit of a Working Group or Advisory Panel will be to report on its recommendations to Council or its parent committee. North Ayrshire Community Planning Partnership has divided North Ayrshire into six localities for the purposes of Section 9 of the Community Empowerment (Scotland) Act 2015, being Irvine, Kilwinning, Three Towns, Arran, Garnock Valley, and North Coast. Locality Partnerships with membership from Community Planning Partners and communities have been established for each of these localities. 120
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4 SECTION 2: PROVISIONS APPLICABLE TO ALL COMMITTEES 1. Notwithstanding the reference to one Committee of any class of function, the Council will have power to refer any function on any particular occasion specifically to another Committee whether by reason of the nature of the matter or otherwise. Delegated Functions 2. Except otherwise specified herein, subject to the provisions of the Local Government (Scotland) Act 1973, any other relevant statute and the Council’s Standing Orders Relating to Meetings and Proceedings of the Council and Committees, where any function of the Council is delegated to a Committee, the Committee will have the power to exercise the function in like manner as the Council could have exercised it had there been no delegation; provided however that it will be competent for such Committee in relation to any delegated matter, instead of taking a decision thereon to make a recommendation thereon to the Cabinet, in which event, the matter will be decided by the Cabinet after consideration of that recommendation. 3. There will be excluded from delegation to any Committee the following: (a) All functions and remits which are in terms of statute or other legal requirement bound to be undertaken by the Council itself; (b) The raising of money by rates or council tax; (c) The approval annually of the General Services Revenue Budget and the setting of the level of the council tax for any year; (d) The approval of the General Services Capital Plan; (e) The approval annually of the Housing Revenue and Housing Capital Budgets and the setting of the level of rents for council houses held in the Housing Revenue Account; (f) The incurring of any net new expenditure not provided for in the estimate of capital or revenue expenditure; (g) Approval of the unaudited Annual Accounts of the Council; (h) Approval of the Council Plan; (i) Any change to the Scheme of Administration regulating the constitution, membership, functions and powers of Committees of the Council; (j) Any change to the Standing Orders Relating to Meetings and Proceedings of the Council and Committees, the Standing Orders for Contracts; (k) Any change to the Scheme of Delegation to Officers, detailing those functions delegated by the Council to its Officers; (l) The making of an order for the compulsory acquisition of any land or buildings; 121
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5 (m) Other than to a Committee specifically appointed for the purpose, the appointment or dismissal of the Chief Executive, the Returning Officer, the appointment of any Executive Director, Monitoring Officer, Chief Social Work Officer, Chief Education Officer, or S95 Financial Officer; (n) All matters relating to election of Councillors; (o) Matters relating to any alteration to the boundaries or the area of electoral wards and the number of Councillors; (p) The appointment of representatives of the Council on outside bodies; (q) The decision to co-operate or combine with other Local Authorities in the provision of services other than by way of collaborative agreement; (r) The approval or amendment of the Scheme of Establishment for Community Councils; (s) Consideration of Provisional Orders or Private Bills affecting the interests of the Council; (t) The approval of reasons for the non-attendance of Members at meetings in accordance with Section 35 of the Local Government (Scotland) Act 1973; (u) The appointment, nomination and removal of Members and the nomination, appointment and removal of Chairs and Vice-Chairs of any Committee and Outside Bodies unless expressly provided in this Scheme or Standing Orders for Meetings and Proceedings of Council. All subject to where any appointed or nominated Member is a Member of a Group within the Council, then where such member is on Family Leave or resigns from a Committee or the Integration Joint Board, any replacement may be nominated by the Group notifying the Chief Executive. At least ten Clear Working Days’ notice is required before the change is implemented; (v) Consideration of reports from the Standards Commission in accordance with section 18 of the Ethical Standards in Public Life (Scotland) Act 2000 (w) The appointment and setting of salary levels of Senior Councillors in terms of the Local Governance (Scotland Act 2004 (Remuneration) Regulations 2007 as amended; (x) Matters relating to the freedom of North Ayrshire; (y) Any functions referred to or delegated to any other Committee; (z) Any alteration or replacement of the North Ayrshire Integration Scheme; (aa) The approval of Policy and Strategy relating to the investment of any funds including Trust, Common Good and Pension Funds under the control or direction of the Council. (ab) The approval of the annual Treasury and Investment Strategy relating to the borrowing of money by the Council and treasury management. 122
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6 General 4. The proceedings of any Committee will not be invalidated through any vacancy in membership or any defect in appointment. 5. The Committees and any Sub-Committees of the Council will have the terms of reference specified in this scheme in relation to each such Committee or Sub- Committee and such Committees and Sub-Committees will conduct their business within their terms of reference only and will act in accordance with the policies of the Council. 6. The Committees and Sub-Committees shall conduct their business always in accordance with the Standing Orders relating to meetings and proceedings of the Council as far as they are applicable. The Integration Joint Board will conduct its business in accordance with the Standing Orders relating to meetings of that Board. The Ayrshire Shared Service Joint Committee will conduct its business in accordance with the Standing Orders relating to meetings of that Committee. 7. The Committees and Sub-Committees will conduct their business always in accordance with the Contract Standing Orders and Financial Regulations of the Council. 8. The ordinary meetings of Committees (except the North Ayrshire Integration Joint Board and the Ayrshire Shared Service Joint Committee) will commence at such times as may be determined by the Council and will meet according to a timetable determined by the Council from time to time. Without prejudice to the foregoing, the Chair of a Committee or Sub-Committee will have power where the agenda calling the meeting has not been issued to rearrange the date, time and place of a Committee or Sub-Committee in cases of urgency, subject to obtaining the agreement of the Council Leader, and the Leader of the Opposition. The commencement, place and timetable of ordinary meetings of North Ayrshire Integration Joint Board, the North Ayrshire Integration Joint Board Performance and Audit Committee, the Ayrshire Economic Joint Committee, the Ayrshire Economic Partnership Sub-Committee and the Ayrshire Shared Service Joint Committee will be determined by those bodies. 9. In the event that an issue arises which falls within the remit of more than one Committee, the Chief Executive will determine which Committee shall deal with the issue. 10. There will be no temporary substitution of Members of Committees and Sub-Committees unless specific provision is made for the temporary substitution of Members of any particular Committee or Sub-Committee within this Scheme of Administration or in any Minute of Agreement, Constitution or similar document. 123
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7 SECTION 3: CABINET Constitution The Cabinet will comprise six Members of the Council including: (a) The Leader of the Council; (b) The Depute Leader of the Council (who will be the Vice-Chair of the Cabinet); and (c) Four Members nominated by the Administration; The Cabinet, when meeting to consider Education Authority business, will have the following additional Members: - (a) As voting Members, three persons interested in the promotion of religious education appointed in accordance with Section 124 of the Local Government (Scotland) Act 1973 as amended by Section 31 of the Local Government Etc. (Scotland) Act 1994, and as detailed in Annexation A hereto; and (b) As non-voting Members, (a) a representative of the professional teaching associations nominated by the Local Negotiating Committee for Teachers, and (b) two pupil representatives being members of the Youth Council. Chair The Leader of the Council will be the Chair of the Cabinet. Quorum Three Members of the Cabinet will constitute a quorum. Delegated Powers The Cabinet will have full delegated powers to implement its functions. Functions Referred The following functions of the Council will stand referred to the Cabinet: General All functions not specifically reserved to Council or delegated to any other Committee, Sub- Committee or officer, including the following: - A. Policies and Objectives - Except insofar as relating to Health and Social Care functions delegated to the Integration Joint Board: - 1. Guiding the Council (a) in the formulation of its policy objectives and priorities and (b) to keep the policy objectives and priorities under review; 2. Consideration of the broad social, economic and environmental needs of the Council’s area and matters of comprehensive importance thereto; 3. Advising the Council generally as to its financial and economic policies; 124
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8 4. The preparation of all major strategic policy documents; 5. Consideration or alteration within the policy framework established by the Council of policy objectives in relation to all of the Council’s functions; 6. Monitoring the performance of the Authority towards achieving its policy objectives and priorities in relation to all functions of the Council; 7. Development of the capacity of organisations, individuals and communities, including young people to become involved in, and contribute to North Ayrshire, its neighbourhoods and communities, in the context of Fair for All and the reduction of inequalities. 8. Development of community and locality planning and Locality Partnerships, including strategy relating to the development of defined locality priorities and community action plans; and the application of Community Investment and Participatory Budgeting. 9. Development of Community Wealth Building (CWB) including the Community Wealth Building Strategy and support for the work of the CWB Commission. B. Resources and Services 10. Advising the Council generally on the allocation and control of its financial, workforce management, asset management and land resources; 11. The organisation and administration of all Directorates and Services of the Council; 12. Ensuring that the organisation and management processes of the Council are designed to make the most effective contribution in the achievement of the Council’s objectives, reviewing where necessary and recommending to the Council any changes in the Committee structures or the distribution of functions and responsibilities; 13. Initiating and considering the results of reviews of strategic or corporate significance and any such other review as the Cabinet may deem appropriate; 14. Initiating or carrying out reviews of the Council’s Risk Management Strategy; 15. Ensuring the Council has adequate and appropriate processes in place to ensure business continuity; 16. The preparation and implementation of the strategy for Performance Management and Review; 17. Reviewing the implementation of the Locality Outcome Improvement Plan, Council Plan, the Council Plan Delivery Plan, and the Council Plan Performance Framework; 18. Ensuring that all the Chief Officers establish and implement satisfactory arrangements for reviewing and appraising their Services’ performances against set objectives, levels and standards of service and performance indicators and to receive regular reports on these and to review the outcomes; 125
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9 C. Financial Management 19. Within the context of the Capital Plan, advising and making recommendations to the Council on the approval of proposals for capital expenditure, the ranking of priorities and allocation of resources in relation to capital expenditure; 20. Within the context of the Revenue Plan, advising and making recommendations to the Council of proposals for revenue expenditure and ranking of priorities and allocation of resources in relation to revenue expenditure; 21. Policy and Strategy relating to the banking arrangements of the Council; 22. The preparation, review and amendment of regulations and arrangements for the proper administration of the Council’s financial affairs; 23. Ensuring that Heads of Service maintain effective controls within financial procedures operated within their Services; 24. Performance reporting relating to the borrowing of money by the Council and treasury management; 25. Performance reporting relating to the investment of any funds including trust, common good and pension funds under the control or direction of the Council; 26. Policy and strategy relating to the Council’s portfolio of insurance policies; 27. Policy and strategy relating to the collection of council tax, non-domestic rates, community charges, water and sewerage charges (on behalf of Scottish Water) and acting as Collecting Authority therefor in terms of Section 79 of the Local Government etc. (Scotland) Act 1994; 28. The exercise of any discretionary powers under the Council Tax (Variation for Unoccupied Dwellings) (Scotland) Amendment Regulations 2016 to set the amount of any discount or levy on long term empty property; 29. Policy and strategy relating to the initiation of actions and procedures for the recovery of council tax, non-domestic rates, and any other charges for which the Council has authority to charge or recover; 30. Policy and strategy relating to the Scottish Welfare Fund, Housing Benefit and Universal Credit; 126
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10 D. Property, Accommodation and Staffing 31. Policy and strategy relating to the administrative buildings of the Council and providing, furnishing, equipping and maintaining the necessary offices and buildings for this purpose; 32. The management and use of lands and buildings controlled by the Council, including Common Good and the use or disposal of land and buildings declared surplus to the requirements of the Council including Common Good and HRA land, subject always to the principle of Best Value, the terms of The Disposal of Land by Local Authorities (Scotland) Regulations 2010 and any other relevant enactment. 33. Except where reserved to Council as part of approval of the Capital Plan, the approval of acquisitions of land and buildings subject to the principle of Best Value and any relevant legislative provisions which may be in place from time to time; 34. Policy and strategy relating to energy management in all properties owned or used by the Council; 35. The assessment and determination of housing needs; 36. The approval, amendment or replacement of a local housing strategy and Strategic Housing Investment Plan (SHIP); 37. Policy and strategy relating to the training, development and welfare of all staff including the preparation and review of Council policies on staffing issues and Health & Safety at Work, pay modernisation and the promotion of good human resource and employment practices; 38. Without prejudice to the functions of the Joint Consultation Committee and the Local Negotiating Committee for Teachers, all matters relating to the conditions of service, remuneration, allowances, attendance, superannuation and pensions of all employees including consultation and negotiation with appropriate Trade Unions as necessary and the ratification of national agreements and significant local agreements; 39. Oversight of use of powers under the Regulation of Investigatory Powers (Scotland) Act; 40. The development and monitoring of policies relating to equalities; E. Digital 41. Approval of the Council’s Digital and Information Strategies; 42. Policy and strategy relating to the Information Technology and cyber security requirements of the Council; F. Education 43. Consideration or alteration within the policy framework established by the Council of policy objectives and priorities in relation to Education; 44. Exercising the functions of the Council as Education Authority under the Education (Scotland) Acts and any other relevant statutes. In particular and without prejudice to the above principal terms of reference: 127
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11 (a) All policy and strategy relating to education including pre-school education, primary education, secondary education, outdoor and sports education, lifelong education and community learning; and (b) All policy and strategy relating to Parent Councils. G. Miscellaneous 45. Any participation by the Council in matters relating to careers advice and placement in employment including the Council’s interest in and relationship with Careers Scotland; 46. All matters relating to the Council’s involvement in the provision of national and local youth and adult training schemes; 47. Policy and strategy with regard to social, educational, cultural, recreational and community-based activities; 48. Determination of community asset transfer requests under either the Council’s Community Asset Transfer Scheme or the Community Empowerment (Scotland) Act 2015; 49. All matters relating to the administration of bursaries; 50. Approval of the Council’s Communications Strategy; 51. All matters relating to Best Value and the quality of service delivery in respect of all services of the Council in terms of the Local Government in Scotland Act 2003; 52. The arrangement of civic hospitality and other receptions; 53. The level of annual funding to be provided to Community Councils; 54. Determining applications for financial assistance from outside bodies, unless delegated to another Committee; 55. Consideration of new legislation or consultation papers, except where the subject matter is within the remit of another Committee or delegated to Officers; 56. Policy and strategy relating to Civil Contingencies and Business Continuity; 57. Policy and strategy relating to Community and Locality Planning, including approval of the Locality Outcomes Improvement Plan and Locality Plans; 58. Policy and strategy relating to mental health functions excluded from delegation to the North Ayrshire Integration Joint Board; 59. Decisions in relation to Business Improvement Districts proposed under the Planning etc. (Scotland) Act 2006, including exercise of the Council’s veto of bid proposals, and to instruct the holding of a ballot; and 60. Exercise of the functions of the Council as harbour authority and Duty Holder under the Harbours Act 1964, the Port Marine Safety Code, the Millport Piers Order and the Saltcoats Harbour Act in relation to piers, harbours and navigable rivers. 61. Determination of community requests for the establishment of a Firework Control Zone in 128
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12 terms of part 4 of the Fireworks and Pyrotechnic Articles (Scotland) Act 2022. 62. To consider and determine applications for review of Islands Impact Assessments in accordance with The Islands Act 2018 and The Island Communities Impact Assessments (Publication and Review of Decisions) (Scotland) Regulations 2020 and any other associated legislation and regulations. Annexation A Regulations for nominations of persons interested in the promotion of religious education to be appointed to the Cabinet. 1. The Cabinet will appoint three persons interested in the promotion of religious education to be members of the Cabinet in accordance with Section 124 of the Local Government (Scotland) Act 1973 as amended by Section 31 of the Local Government Etc. (Scotland) Act 1994. 2. The appointment will be made by the Cabinet as soon as possible after the ordinary statutory election of Councillors in the month of May and these persons will be appointed and hold office until the day of the next ordinary election of Councillors. 129
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13 SECTION 4: APPEALS COMMITTEE Constitution The Appeals Committee will comprise a pool of 12 Members namely those Members of the Staffing and Recruitment Committee and their named substitutes. Out of this pool, three Members will determine each individual appeal. Committee Services will select the three Members on an equitable basis, having regard to availability. The Chair of the Committee will be appointed by the Committee at each individual meeting, for the duration of that committee meeting. Quorum Three members of the Committee will constitute a quorum. Delegated Powers The Appeals Committee has full delegated powers to implement its functions, remit and responsibility as detailed above, save that it does not have the power to reverse any decision taken by Council or any other Committee of the Council or to make or amend any policy. Meetings: The Appeals Committee will meet as and when business requires. Functions Referred 1. To determine appeals by employees against dismissal, whether resulting from disciplinary action or incapability, in accordance with the Council’s Policies and Procedures. 2. To determine the outcome of grievance appeals by employees following exhaustion of the grievance stages, up to and including Executive Director, Heads of Service and the Chief Executive. 3. To determine appeals by internal candidates in relation to the recruitment and selection procedure. This will be treated as the final stage in the appeal process at Stage 3 of the grievance procedure. 130
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14 SECTION 5: AUDIT AND SCRUTINY COMMITTEE Constitution Nine Members of the Council excluding any Members of the Cabinet and comprising two Members nominated by the Administration and seven Members nominated by Opposition and Independent Members on a proportional and equitable basis according to party representation or on such other basis as may be agreed by Council from time to time in accordance with Standing Orders for Meetings and Proceedings of the Council Chair The Chair of the Committee will not be a Member of the Administration and will be approved by the Council. The Chair and the Vice-Chair will be appointed by the Council. Quorum Three Members of the Committee will constitute a quorum. Delegated Powers The Audit and Scrutiny Committee has delegated powers to (a) approve the audited accounts of the Council and; (b) to determine a request under the Asset Transfer Request (Review Procedures) (Scotland) Regulations 2016, to review a decision to either refuse an asset transfer request or grant it subject to conditions. Otherwise, it does not have delegated powers and, except for matters reserved to Council, all recommendations of the Committee will be considered by Cabinet. Functions Referred The following functions of the Council will stand referred to the Committee: Performance Functions 1. The preparation and implementation of the strategy for Performance Review. 2. Assurance that Chief Officers establish and implement satisfactory arrangements for setting priorities, SMART actions to deliver these, supported by performance indicators and to receive regular reports on these and then to review the outcomes. Audit Functions 1. Assurance that the Council has proper arrangements to deliver Best Value and value for money, including consideration of quality reviews under EFQM, PSIF etc. 2. Assurance that the Council has appropriate corporate governance arrangements in place. 3. Assurance on the integrity of the financial reporting process. 4. In relation to Internal Audit functions, to oversee its independence, objectivity, performance and professionalism, to support the effectiveness of the internal audit process and promote the effective use of internal audit within the assurance framework. 131
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15 5. To consider reports from External Audit and inspection agencies and their implications for governance, risk management or control. 6. Support effective relationships between external audit and internal audit, inspection agencies and other relevant bodies. 7. Review the financial statements, external auditor’s opinion and reports, and monitor management actions in response to issues raised by external audit. 8. Ensuring that Heads of Service maintain effective controls within financial procedures operated within their Services. 9. To monitor the effectiveness of the control environment, including arrangements for managing the Council’s exposure to Corporate Fraud, Counter Fraud and Corruption are robust, including review of individual case reports. 10. Consider the effectiveness of Risk Management arrangements and the control environment. 11. Approval of the audited accounts of the Council Scrutiny Functions 1. Monitoring the performance of the Authority towards achieving its policy objectives and priorities in relation to all functions of the Council. 2. Reviewing the effectiveness of all the Council’s policies, work and the standard and levels of services provided and questioning Members of the Cabinet thereon. 3. Reviewing the implementation of the Locality Outcome Improvement Plan, Council Plan, the Council Plan Delivery Plan, the Council Plan Performance Framework and Service Budgets. 4. Monitoring the functions of external bodies funded by the Council (Following the Public Pound). 5. Monitoring and reviewing the Council’s complaints procedures. 6. As a result of call-in requests, scrutinise decisions of Cabinet, in terms of the procedures set out in the Standing Orders for Meetings. 7. To be responsible for setting its own work programme which will include the right to undertake reviews following input from inter alia the Cabinet, the Council, members of the Audit and Scrutiny Committee itself and Community Planning Partners. 8. The Committee may at its discretion set up short term working groups for review work. Membership of the working group will be open to anyone, with the exception of Cabinet Members, whom the Committee considers will assist in the task assigned. The working groups will not be decision making bodies or formal committees but will make recommendations to the Audit and Scrutiny Committee. 9. Promoting the highest standards of conduct by Elected Members including appropriate training. 132
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16 10. Assisting Elected Members in observing the relevant Codes of Conduct. 11. Monitoring and keeping under review the Codes of Conduct maintained by the Council. 12. Reviewing the personal development and training of Councillors. 13. Receiving all petitions and deputations submitted to the Council except those relating to the Council’s planning functions, which shall be considered by the Planning Committee. The arrangements for receiving petitions are as set out in Appendix B to the Standing Orders relating to Meetings and Proceedings of the Council and Committees. 14. Determination of a request under the Asset Transfer Request (Review Procedures) (Scotland) Regulations 2016, to review a decision to either refuse an asset transfer request or grant it subject to conditions. 15. Determination of the review a decision by Cabinet not to take forward a community request to establish of a Firework Control Zone in terms of part 4 of the Fireworks and Pyrotechnic Articles (Scotland) Act 2022. 133
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17 SECTION 6: AYRSHIRE ECONOMIC JOINT COMMITTEE Constitution A maximum of thirteen Members, comprising up to three members each nominated by East, North and South Ayrshire Councils, one from Scottish Enterprise, one from Skills Development Scotland, one from the business sector and one from the education sector. Named substitutes are permitted to attend in place of any nominated Member. Chair The Chair of the Committee will rotate annually from a Member appointed by East Ayrshire Council to North Ayrshire Council, and to South Ayrshire Council and so on, with each Chair taking up their position on 1st September of each year. In the event of the incumbent Chair either being absent or withdrawing from a meeting, another member from the Authority of the present Chair, chosen by the members of that Authority present, shall assume the Chair for that meeting or part thereof. For parts or all of those meetings where the business to be transacted involves only two authorities, the Chair will be appointed by rotation and the Members of any non-participating Council will not form part of the Committee or any sub-committee for the relevant item(s) of business. Quorum A quorum of the Joint Committee shall be four members, with at least one member from each Council present or participating for the relevant item(s) of business. Standing Orders and Meetings The Standing Orders for the Joint Committee shall be as determined by East, North and South Ayrshire Councils. The Committee shall determine its timetable of meetings but shall meet at least two times per annum. Functions Referred The following functions of the Council will stand referred to the Joint Committee: Acting in the interests of Ayrshire as a whole and subject to the arrangements in place for North and East Ayrshire Council in relation to the Shared Economic Development Services: 1. To approve the Ayrshire Economic Strategy. 2. To make recommendations to the UK and Scottish Governments, the Ayrshire Councils, public sector partners and business to promote collaborative working and to ensure their priorities, policies and service delivery are aligned with the Ayrshire Economic Strategy and the Ayrshire Growth Deal. 3. To approve the business cases of individual Ayrshire Growth Deal Projects. 4. To receive reports on the effectiveness of the implementation of the Ayrshire Economic Strategy and the Ayrshire Growth Deal and to identify potential improvements and make recommendations to the Constituent Authorities. 5. To make recommendations to the Constituent Authorities in respect of the Ayrshire Growth Deal funding arrangements. 134
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18 6. To make recommendations to the Constituent Authorities on the setting of budgets for the Ayrshire Growth Deal 7. To approve operational expenditure within agreed Ayrshire Growth Deal Joint Committee budgets allocated by the Constituent Authorities in order to further the aims of the Ayrshire Growth Deal 8. To approve investment plans and change requests in relation to regional funding allocations under the Local Growth Fund and its successors 9. To form sub-committees as may be expedient to implement delivery of delegated remit Acting in the interests of North and East Ayrshire Councils in relation to the Ayrshire Shared Economic Development Service (with effect from 1st June 2026): a) The exercise of the following functions related to Economic Policy, including but not limited to: • Approving economic policy including the Community Wealth Building Strategy subject to the previous endorsement of the constituent authorities • Receiving reports on the effectiveness of the implementation of the Ayrshire Economic Strategy and identifying and agreeing improvements for delivery • Approving consultation responses to inform local, regional and national economic policy b) The exercise of functions related to Business Support and Development, including but not limited to: • Approving business support and development programmes to support business start-up, growth and sustainability and associated business cases • Approving funding and investment proposals in relation to business support and development programmes c) The exercise of functions related to Tourism, including but not limited to: • Approving local and regional tourism strategies, funding proposals and associated business cases • Approving tourism programmes • Approving opportunities for commercial investment aligned to tourism, marine and costal regeneration priorities 135
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19 (d) The exercise of functions related to the delivery of the North and East Ayrshire programme under the Ayrshire Growth Deal, including but not limited to: • Approving major Ayrshire Growth Deal funding decisions and change requests including Business Cases following endorsement by the relevant North and East Ayrshire Council Committees. • Receiving reports on the effectiveness of the implementation of the Ayrshire Growth Deal and identifying and agreeing improvements for delivery. • Approving annual Ayrshire Growth Deal reporting including the Annual Performance Report. • Approving the Ayrshire Growth Deal Benefits Realisation Plan. • Approving funding and annual budgets for the Ayrshire Growth Deal following endorsement by the relevant North and East Ayrshire Council Committees. (e) The exercise of functions and responsibilities related to Economic Development, including but not limited to: • Approving regional funding and resourcing submissions in support of North and East Ayrshire Councils’ economic priorities. • Approving economic development programmes/ projects and related funding and business cases in support of North and East Ayrshire Councils’ economic priorities. • Approving digital renewal projects and programmes • The exercise of such other functions and responsibilities as are or may become incumbent upon North or East Ayrshire Councils in relation to economic development by virtue of any statutory enactment whether imposed by primary or secondary legislation. The delegations to the Joint Committee will not restrict the internal governance processes of constituent authorities in relation to reporting and approval prior to reports being submitted to the Joint Committee for decision. 136
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20 Delegated Powers The Joint Committee has delegated powers to implement its functions, except as otherwise provided herein. The Joint Committee shall have power to create an Ayrshire Regional Economic Partnership Sub-Committee whose membership, powers and remit shall be as follows: - Ayrshire Economic Partnership Sub-Committee Constitution The Ayrshire Economic Partnership (‘the Partnership’) is a sub-committee in terms of section 56(1) of the Local Government (Scotland) Act 1973. It shall comprise a maximum of 22 members in terms of its Standing Orders, being: - (a) three representatives ( which can be 2 Councillors and one Officer) nominated by each of East, North and South Ayrshire Councils unless the business relates to the Ayrshire Economic Development Shared Service between North and East Ayrshire Councils in which event only representatives from those constituent authorities will participate. Named substitutes are permitted to attend in place of any nominated Member, notification of substitute members having been given; (b) three representatives of the business sector selected by the Partnership; (c) three representatives of the Higher or further Education sector, selected by the Partnership; and (d) one representative nominated by each of Scottish Enterprise, Highlands and Islands Enterprise, Skills Development Scotland, and Visit Scotland. The Partnership may also co-opt up to three additional members on the basis of experience or skills, whether from existing members, from other organisations or individuals. Named substitutes are permitted to attend in place of any nominated Member. Chair The Chair shall be appointed by the Joint Committee. For parts or all of those meetings where the business to be transacted involves only two authorities, the Chair will be appointed by rotation and the Members of any non-participating Council will not form part of the sub-committee for the relevant item(s) of business. Quorum A quorum of the Partnership shall be six, with at least one nominee from each of the participating Ayrshire Councils present unless the business relates to the Ayrshire Economic Development Shared Service between North and East Ayrshire Councils in which event only representatives from those constituent authorities will participate in the relevant item of business and the Members of any non-participating Council will not form part of the sub-committee for those item(s) of business. . Standing Orders and Meetings The Standing Orders of the Partnership shall be as determined by East, North and South Ayrshire Councils. The Partnership shall determine its timetable of meetings but shall meet at least six times per annum. 137
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21 Delegated Powers The Partnership has delegated powers to implement its functions, except as otherwise provided herein. Functions Referred The following functions of the Ayrshire Regional Economic Joint Committee will stand referred to the Partnership: The following functions of the Ayrshire Economic Joint Committee will stand referred to the Partnership: Acting in the interests of Ayrshire as a whole to: 1. To oversee the development of the Ayrshire Economic Strategy and to make recommendations to the Ayrshire Economic Joint Committee regarding its approval. 2. To provide strategic oversight for the delivery of the strategic priorities and actions contained with the Ayrshire Economic Strategy and any Action Plan forming part of such Strategy. 3. To drive forward the growth of the Ayrshire economy. 4. To prioritise inclusive growth and provide an annual report in line with the Scottish Government’s Inclusive Growth Monitoring Framework. 5. To drive increased collaboration and partnership between the Ayrshire Councils, the Scottish & UK Governments and their agencies and the private sector, focussed towards delivery of the Ayrshire economic priorities. 6. To make recommendations to the Ayrshire Economic Joint Committee, the Ayrshire Councils, public sector partners and business to promote collaborative working and to ensure their priorities, policies and service delivery are aligned with the Ayrshire Economic Strategy and the Ayrshire Growth Deal. 7. Undertake periodic reviews of the Ayrshire Economic Strategy and any Action Plan forming part of the Strategy to ensure that it is consistent with the emerging ambitions of Ayrshire and collaboration with partners. 8. To oversee the development of the business cases of individual Ayrshire Growth Deal Projects and to make recommendations to the Ayrshire Economic Joint Committee regarding their approval. 9. To oversee the implementation of the Ayrshire Economic Strategy and the Ayrshire Growth Deal, to monitor the performance of the Programme Management Office (PMO), to identify potential improvements and make recommendations to the PMO or the Ayrshire Economic Joint Committee. 10. To make recommendations to the Ayrshire Economic Joint Committee in respect of the Ayrshire Growth Deal funding arrangements. 11. To ensure that an effective monitoring and evaluation framework is in place at both a project and programme level, and that each Member Authority is delivering upon its requirements. 138
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22 12. To provide strategic direction and manage the input of any Thematic or other Working Groups. 13. To consider investment plans, and change requests in relation to regional funding allocations under the Local Growth Fund and its successor(s) and making recommendations to the Joint Committee Acting in the interests of North and East Ayrshire Councils in relation to the Ayrshire Shared Economic Development Service (with effect from 1st June 2026):- a) The exercise of the following functions related to Economic Policy, including but not limited to: • Making recommendations to the Joint Committee regarding the outcomes of reviews of economic policy including the Community Wealth Building Strategy and Ayrshire Regional Economic Strategy subject to the previous endorsement of the constituent authorities. • Making recommendations to the Joint Committee on consultation responses to inform local, regional and national economic policy. b) The exercise of functions related to Business Support and Development, including but not limited to: • considering business support and development programmes to support business start-up, growth and sustainability and making recommendations to the Joint Committee. • Considering funding and investment proposals in relation to business support and development programmes including associated business cases and making recommendations to the Joint Committee. c)The exercise of functions related to Tourism, including but not limited to: • Reviewing local and regional tourism strategies and programmes and making recommendations to the Joint Committee. • Making recommendations to the Joint Committee on funding and investment proposals in relation to tourism delivery including associated business cases. • Considering opportunities for commercial investment aligned to tourism, marine and coastal regeneration priorities and making recommendations to the Joint Committee. 139
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23 d)The exercise of functions and responsibilities related to Economic Development, including but not limited to: • Overseeing the progress and evolution of economic development strategies, polices and service delivery and to make appropriate recommendations to the Joint Committee. • Considering regional funding and resourcing submissions in support of North and East Ayrshire Councils’ economic priorities and making recommendations to the Joint Committee. • Considering economic development programmes and projects in support of North and East Ayrshire Councils’ economic priorities and making recommendations to the Joint Committee. • Considering funding proposals associated with economic development delivery including associated business cases and making recommendations to the Joint Committee. • Considering digital renewal projects, programmes and associated funding proposals and making recommendations to the Joint Committee. • The exercise of such other functions and responsibilities as may be delegated to the sub committee by the Joint Committee as are or may become incumbent upon North or East Ayrshire Councils in relation to economic development by virtue of any statutory enactment whether imposed by primary or secondary legislation. 140
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24 Ayrshire Skills Economic Partnership Sub-Committee The Ayrshire Economic Joint Committee (“AEJC”) has established a sub-committee with delegated authority to create, implement and approve awards from the Ayrshire Skills Investment Fund (“ASIF”). The ASIF is an Ayrshire Growth Deal project designed to fund skills development and training in priority sectors, when existing provision is not available, flexible or responsive. Constitution The ASIF Sub Committee is formed in terms of section 56(1) of the Local Government (Scotland) Act 1973. It shall comprise a maximum of [22] members in terms of its Standing Orders, being: (a) [three] representatives (one Councillor and two Officers) nominated by each of North, East and South Ayrshire Councils; (b) [one] representative nominated by each of Skills Development Scotland and Scottish Enterprise; and (c) [one] representative nominated by each of GMB Union, Unite Union and Unison Union. The ASIF Sub Committee may also co-opt up to [three] additional members on the basis of experience or skills, whether from existing members, from other organisations or individuals. [Named substitutes are permitted to attend in place of any nominated member.] The ASIF Sub Committee may also appoint up to [three] advisors from the Higher or Further Education sectors on the basis of experience or skills. Chair The Chair shall be appointed by the AEJC. Quorum A quorum of the ASIF Sub Committee shall be six, with at least one nominee from each of the Ayrshire Councils present. Standing Orders and Meetings The Standing Orders of the ASIF Sub Committee shall be as determined by East, North and South Ayrshire Councils. The ASIF Sub Committee shall meet every six weeks and the Chair may convene additional meetings as required. Delegated Powers The ASIF Sub Committee has delegated powers to implement its functions, except as otherwise provided herein. Functions Referred The following functions of the AEJC will stand referred to the ASIF Sub Committee: 1. To consider the output of the Regional Skills Investment Plan; 2. To identify and prioritise skills gaps on an ongoing basis; 141
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25 3. To determine and implement the most appropriate means of administering the ASIF to meet identified skills gaps; 4. To invite and evaluate ASIF Grant applications, including conducting a subsidy control assessment in respect of each application; 5. To award grants from the ASIF; and 6. To develop and establish a suitable procurement process to ensure sufficient training provision is secured to meet identified skills gaps. 142
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26 SECTION 7: AYRSHIRE SHARED SERVICES JOINT COMMITTEE Constitution A maximum of twelve Members, comprising up to four members each nominated by East, North and South Ayrshire Councils Chair The Chair of the Committee will rotate annually from a Member appointed by North Ayrshire Council to East Ayrshire Council, and to South Ayrshire Council and so on, as set out in the Minute of Agreement among the Ayrshire Councils. In the event of the incumbent Chair either being absent or withdrawing from a meeting, another member from the Authority of the present Chair, chosen by the members of that Authority present, shall assume the Chair for that meeting or part thereof. For parts or all of those meetings where the business to be transacted involves only two authorities, the Chair will be appointed by rotation. Quorum A quorum of the Joint Committee shall be four members where all three Councils elect to participate in a particular Shared Service arrangement, with at least one member representing each of the parties. Where only two of the Councils elect to participate in a particular Shared Service arrangement the quorum of the Joint Committee shall be three members, with at least one member representing each of the parties. Standing Orders and Meetings The Joint Committee shall adopt its own Standing Orders. The Committee shall determine its timetable of meetings. Delegated Powers The Joint Committee has delegated powers to implement its functions, except as otherwise provided herein. The Joint Committee shall have power to create Sub-committees, and to determine the powers, membership and Chair of such Sub-Committee. Functions Referred The following functions of the Council will stand referred to the Committee in relation to such Shared Services as shall be agreed by the parties from time to time and more specifically detailed in a Minute of Agreement: - 1. To monitor spend within the budget approved by the parties hereto in relation to each Shared Service. 2. To develop and implement a strategic policy framework for the operation of each Shared Service. 3. To receive, scrutinise and approve service plans for implementation of the policies and priorities for service delivery relative to Shared Services including establishing appropriate service targets and performance indicators. 143
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27 4. To co-ordinate, guide, monitor and review the performance and discharge of Shared Services by officers of the relevant Lead Authority. 5. To consider and approve an annual Service Plan in respect of each Shared Service including the Budget submission. The Joint Committee does not have any delegated authority in relation to setting the budget of any Shared Service. 144
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28 SECTION 8: EDUCATION APPEAL COMMITTEE Constitution The rules for the formal constitution and membership of Education Appeal Committees are laid down in Schedule 1A of the Education (Scotland) Act 1980 as amended. The Committee will comprise 3 members, comprising one Member of Council and two Lay Members, drawn from a pool of 4 Members of Council and approximately 9 Lay Members. Lay Members are deemed to be persons who are not Members of the Council or the Cabinet and are either parents of children of school age or persons having experience in education or persons acquainted with the educational conditions in the area, but not including any person employed by the Authority in an administrative or advisory capacity as respects the discharge of their education functions. Chair The Chair shall be nominated by the Committee at each meeting. The Chair of the Appeal Committee will not be a Member of the Cabinet. Quorum Three Members of the Committee, comprising one Member of Council and two Lay Members shall constitute a quorum. Delegated Powers The Education Appeal Committee has delegated powers to confirm or refuse to confirm the relevant decision of the Council acting as Education Authority. If refusing to confirm a decision, the Council must give effect to the Committee’s decision. Functions Referred The following functions stand referred to the Committee: 1. Appeals by parents against a decision of the Council acting as Education Authority as to the schools which their child or children should attend, in response to a placing request submitted by the parent. 2. Appeals by a parent against a decision of the Council acting as Education Authority to exclude their child or children. 145
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29 SECTION 9: LICENSING COMMITTEE Constitution Ten Members of the Council nominated by the Administration, Opposition and Independent Members on a proportional and equitable basis according to party representation or on such other basis as may be agreed by Council from time to time in accordance with Standing Orders for Meetings and Proceedings of the Council. Chair The Committee will have a Chair and a Vice-Chair. The Chair and the Vice-Chair will be appointed by the Council. Quorum Three Members of the Committee will constitute a quorum. Delegated Powers The Licensing Committee will have full delegated powers to implement its functions. Functions Referred 1. The power to exercise the Council’s functions in connection with all licensing and analogous registration matters having effect within the area of the Council unless a licensing issue has been specifically referred to another Committee. 2. The power to make a resolution to licence any activity in terms of the Civic Government (Scotland) Act 1982, or to revoke or rescind any such resolution. 3. The power to make any Policy Statement or policy relating to licensed activities other than those remitted to the Licensing Board. 4. The power to discharge the Council’s statutory functions in relation to Safety at Sports Grounds. 5. The power to carry out the Council's functions under the Civic Government (Scotland) Act 1982, Part V (Public Processions). 6. Registration of private landlords in terms of the Antisocial Behaviour etc. (Scotland ) Act 2004. 7. The power to review licences, take enforcement action and consider and determine all complaints and issues relating to licence holders or licensees. 8. The power to discharge the Council’s statutory powers relating to Building Standards in terms of the Building Standards (Scotland) Act 2003 and other legislation. 9. The power to oversee the exercise of all the Council’s functions under Parts 7 and 8 of the Antisocial Behaviour (Scotland) Act 2004, and to make such decisions in exercise of these powers as are not delegated to Officers. 10. Registration of Short-term Lettings in accordance with the Civic Government (Scotland) Act 1982 and associated regulations. 146
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30 SECTION 10: LOCAL DEVELOPMENT PLAN COMMITTEE Constitution The Local Development Plan Committee will comprise all 33 Members of the Council. Chair The relevant Portfolio Holder on the Cabinet shall be the Chair. A Vice-Chair shall be appointed by the Council. Quorum Six Members of the Committee shall constitute a quorum. Functions referred The following functions of the Council will stand referred to the Committee: - 1. To undertake all processes required under Part 2 of the Town and Country Planning (Scotland) Act 1997 as amended and the Town and Country Planning (Development Planning) (Scotland) Regulations 2023 or any legislation subsequently enacted for the preparation of the North Ayrshire Local Development Plan. 2. To receive representation from Elected Members, statutory consultees, local authorities and the general public on the content of the Local Development Plan. 3. To consider any representations received and to make any adjustment to the draft Local Development Plan. 4. To finalise the form and content of the Local Development Plan and to present it to the North Ayrshire Council for adoption. 5. To undertake all statutory processes relating to Core Path Planning under the Land Reform (Scotland) Act 2003 and to finalise the form and content of the Core Path Plan and submit it to Cabinet for adoption. 6. To undertake all statutory processes relating to a Regional Spatial Strategy in terms of Section 4ZA-4ZE of the Town and Country Planning (Scotland) Act 1997, and to finalise the form and content of the Regional Spatial Strategy and submit it to Cabinet for adoption. 7. To undertake all statutory processes relating to a Local Place Plan in terms of Section 15A of the Town and Country Planning (Scotland) Act 1997. 8. To undertake all statutory processes relating to an Open Space Strategy in terms of Section 3G of the Town and Country Planning (Scotland) Act 1997, and to finalise the form and content of the Open Space Strategy and submit it to Cabinet for adoption. 9. To undertake all statutory processes relating to Master Plan Consent Areas in terms of Section 54A-54AF of the Town and Country Planning (Scotland) Act 1997, and to finalise the form and content of any Master Plan Consent Areas and submit it to Cabinet for adoption. 147
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31 10. To undertake all statutory processes relating to a Forestry and Woodland Strategy in terms of Section A159 of the Town and Country Planning (Scotland) Act 1997 as amended, and to finalise the form and content of the Forestry and Woodland Strategy and submit it to Cabinet for adoption. 148
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32 SECTION 11: LOCAL REVIEW BODY Constitution Ten Members of the Planning Committee. Chair The Chair and Vice-Chair shall be appointed by the Council. Quorum Three Members of the Local Review Body will constitute a quorum. Delegated Powers The Local Review Body has fully delegated powers to implement its functions. Functions Referred To conduct reviews in respect of appeals against refusal of planning permission, or unacceptable conditions or failure to determine an application within such period as is prescribed in terms of the Scheme of Delegation to Officers under Section 43(A) (8 of the Town and Country Planning (Scotland) Act 1997 and the Town and Country Planning (Schemes of Delegation and Local Review Procedure) (Scotland) Regulations 2013 as amended. Procedure to be followed by the Local Review Body 1. Once a formal Notice of Request for Review is received all parties who have been involved in the application, including consultees and objectors are notified of the Review Request. 2. All parties are permitted a period of time to submit representations to the Local Review Body on the Review Request. No new information shall be permitted except under exceptional circumstances. 3. The Local Review Body will meet to determine whether any additional information is required. If none is considered necessary, they shall determine the review. Where additional information is required the following options may be considered: (a) Call for further written submissions from the parties; and/or (b) agree to convene a hearing allowing the parties to make oral representations; and/or (c) agree to carry out a site visit which may be accompanied or unaccompanied. It will be possible to combine more than one of these processes. 4. All parties will be advised of the process to be followed and the timescale within which further information, if any, is to be submitted. 149
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33 5. The Local Review Body will meet and determine the Review based on the procedure chosen at the earlier meeting. The Local Review Body will be supported by a Planning Officer, one who has not been involved in the application under review and, where considered necessary, a Legal Adviser. Committee Services will support the Local Review Body and produce Minutes of their meetings. 6. Once a decision has been taken by the Local Review Body all parties will be notified of the result. Only an appeal to the Court of Session on a point of law can follow thereafter. 150
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34 SECTION 12: PLANNING COMMITTEE Constitution Ten Members of the Council nominated by the Administration, Opposition and Independent Members on a proportional and equitable basis according to party representation or on such other basis as may be agreed by Council from time to time in accordance with Standing Orders for Meetings and Proceedings of the Council. Chair The Committee will have a Chair and a Vice-Chair. The Chair and the Vice-Chair will be appointed by the Council. Quorum Three Members of the Committee will constitute a quorum. Delegated Powers The Planning Committee has fully delegated powers to implement its functions. Functions Referred The following functions of the Council will stand referred to the Committee: All planning matters under the provisions of the Town and Country Planning (Scotland) Act 1997, the Countryside (Scotland) Act 1967, the Planning and Compensation Act 1991, the Local Government Etc. (Scotland) Act 1994, the Land Reform (Scotland) Act 2003, the Planning etc. (Scotland) Act 2006 and the Planning (Scotland) Act 2019; Notwithstanding the above the following powers are delegated to the Committee namely the power to: 1. Determine planning permission. For the avoidance of doubt this includes the determination of planning applications for major developments which are significantly contrary to the Local Development Plan; and the determination of applications for national developments as specified in the National Planning Framework; 2. Determine listed building and conservation area consent; 3. Approve amendments and other consents including material and non-material variations. 4. Approve advertisement consents. 5. Determine certificates of lawfulness. 6. Determine screening and scoping opinions. 7. Determine hazardous substances consents. 8. Determine prior notifications for agricultural development and demolition. 151
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35 9. Determine applications by Statutory Undertakers where not otherwise delegated. 10. Determine applications relating to Tree Preservation Orders, including determination and confirmation of provisional tree preservation orders where objections are received or other planning related orders where not otherwise delegated. 11. Instruct enforcement and interdict actions for planning related matters including direct action where appropriate. 12. Participate in the preparation of the North Ayrshire Local Development Plan. 13. Receive reports from the Ayrshire Joint Planning Service. 14. Prepare design or development planning briefs. 15. Respond to appropriate planning consultations. 16. Determine matters concerning Rights of Way, Access, Path Planning and Footpaths where not otherwise delegated. 17. Notwithstanding the terms of paragraphs 1 and 2 above, determine any other regulatory planning matters. 152
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36 SECTION 13: POLICE AND FIRE AND RESCUE COMMITTEE Constitution Ten Members of the Council nominated by the Administration, Opposition and Independent Members on a proportional and equitable basis according to party representation or on such other basis as may be agreed by Council from time to time in accordance with Standing Orders for Meetings and Proceedings of the Council. Membership shall, if possible, include a Member who represents each of the six Localities, namely Irvine, Kilwinning, Three Towns, Arran, Garnock Valley and North Coast. Chair The Chair and the Vice-Chair will be appointed by the Council. Quorum Three Elected Members of the Council shall constitute a quorum. Delegated Powers The Police and Fire and Rescue Committee has full delegated powers to implement its functions except as otherwise provided for herein. Functions Referred The following functions of the Council will stand referred to the Committee: 1. Discharge all duties of the Council in connection with the provision by the Police Service of Scotland of police services within North Ayrshire. 2. Discharge all duties of the Council in connection with the provision by the Scottish Fire and Rescue Service of fire and rescue services within North Ayrshire. 3. To consider and comment upon the proposed local operating arrangements for the Police Service of Scotland and the Scottish Fire and Rescue Service. 4. To consider and approve the draft Police and Fire and Rescue Plans for North Ayrshire. 5. To scrutinise the planning, delivery and outcomes of services delivered by the Police Service of Scotland and the Scottish Fire and Rescue Service in North Ayrshire. 6. To request and receive information and reports from the Local Commander (Police) and Local Senior Officer (Fire and Rescue) on any area or aspect of the services deemed appropriate including reports concerning deployment of resources and issues arising on Bonfire Night. 7. To receive and comment on performance reports from the Local Commander (Police) and Local Senior Officer (Fire and Rescue), in order to monitor and assess the performance of Police and Fire and Rescue Services against local and national performance frameworks and to make recommendations for improvements. 153
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37 8. To scrutinise the discharge of the Police Service of Scotland and the Scottish Fire and Rescue consultative and community engagement arrangements in North Ayrshire. 9. To consider reports from external agencies such as HMICS, external auditors and Audit Scotland in relation to the work carried out by the Police Service of Scotland and Scottish Fire and Rescue Service. 10. To consider and respond to consultations on strategic Police and Fire and Rescue priorities and Scottish Police Authority and Scottish Fire and Rescue Service Strategic Plans. 154
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38 SECTION 14: STAFFING AND RECRUITMENT COMMITTEE Constitution Six members of the Council, namely the Leader and Depute Leader of the Council, the Leader and Depute Leader of the main Opposition, the Leader and Depute Leader of the second Opposition shall constitute the membership of the Committee. The Cabinet Member holding the relevant service portfolio relating to that particular Chief Officer appointment shall also be a member of the Committee for business relating to that appointment only. Each member will have a named substitute who may attend meetings in their place when necessary. For appointments to Chief Officer posts of the North Ayrshire Health and Social Care Partnership, the Committee shall comprise the Leader, the Deputy Leader, the Leaders of the main and second Opposition, the Council’s Chief Executive, and the Chair, Vice Chair and another Director of NHS Ayrshire and Arran Health Board and the Chief Executive of NHS Ayrshire and Arran, or their nominee. (Note – the Chief Officer and Chief Finance Officer of the Integration Joint Board are appointed by the Integration Joint Board). For appointments to Chief Officer posts of the Shared Economic Development Service between North and East Ayrshire Councils, the Committee shall comprise: • for North Ayrshire Council: the Leader, the Depute Leader the Leaders of the Main and Second Opposition and the Cabinet Member holding the relevant service portfolio, and • for East Ayrshire Council: the Leader, Depute Leader and Leader of the Opposition. • The committee will be supported by attendance from the Chief Executive, the Executive Director (Place) and the Head of Service (People and ICT) of North Ayrshire Council or their nominees. Chair The Leader of the Council will be the Chair. Quorum Three Members of the Committee will constitute a quorum. Delegated Powers The Staffing and Recruitment Committee will have delegated powers to implement its functions. Meetings The Committee will meet as and when necessary, in respect of its recruitment responsibilities. Functions Referred The following functions stand referred to the Committee: 1. To consider arrangements for the selection of candidates for, and authorise the appointment of individuals to, the posts of Chief Officer of the Council, Integration Joint Board or the Shared Economic Development Service (other than interim appointments). 155
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39 2. To consider and approve any application from a Chief Officer for voluntary early retirement/release or voluntary redundancy which has a financial impact on the Council, in accordance with the Council policy on early release. . 3. The Chief Executive and Head of Service (People and ICT) or their nominees will act as special advisers to the Committee when undertaking Chief Officer recruitment to the Council. The Committee may also allow specialist or technical assessors to assist the Committee. 156
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40 SECTION 15 - NORTH AYRSHIRE INTEGRATION JOINT BOARD Constitution North Ayrshire Integration Joint Board is a statutory body constituted in terms of The Public Bodies (Joint Working) (Scotland) Act 2014 and The Public Bodies (Scotland) (Integration Joint Board Establishment) (Scotland) Order 2015. The Functions delegated by the Council to the Board, as well as its Membership, Chairperson, quorum, and powers are more specifically set out in the North Ayrshire Integration Scheme, being an agreement between North Ayrshire Council and Ayrshire and Arran NHS Board and approved by Scottish Ministers. Voting membership comprises four persons nominated by the NHS Board, four persons appointed by the Council, each of whom may have a Deputy, one person to represent third sector bodies carrying out activities related to health or social care in the area of the Council, one person to represent service users residing in the area of the Council and one person to represent those providing unpaid care in the area of the Council The Council nominations shall comprise two Members and two Deputies nominated by the Administration and two Members and two Deputies not nominated by the Administration. Chair The Chair shall rotate every two years between a Chair nominated by the Council, and one nominated by the NHS Board. The Vice Chair is nominated from whichever of the Council or NHS nominees who is not then the Chair. The Council appointed Chair or Vice Chair shall be Cabinet Portfolio Holder for Health and Social Care. Quorum The quorum is half of the voting members. Delegated Powers North Ayrshire Integration Joint Board has fully delegated powers to implement its functions. Functions Referred In relation to the following functions 1. Social work services for adults and older people. 2. Services and support for adults with physical disabilities, learning disabilities. 3. Mental health services. 4. Drug and alcohol services. 5. Adult protection and domestic abuse. 6. Carers support services. 7. Community care assessment teams. 8. Support services. 9. Care home services. 10. Adult placement services. 11. Health improvement services. 12. Aids and adaptations and gardening services. 13. Day services. 14. Local area co-ordination. 15. Respite provision. 157
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16. Occupational therapy services. 17. Re-ablement services, equipment and telecare. 18. Criminal justice social work services. 19. Children and families social work services. The duties of the Council under the following legislation: 1. National Assistance Act 1948 (a) Section 45 (The recovery of expenditure incurred under Part III of that Act where a person has fraudulently or otherwise misrepresented or failed to disclose a material fact.) (b) Section 48 (The protection of property of a person admitted to hospital or accommodation provided under Part III of that Act.) 2. Matrimonial proceedings (Children) Act 1958 (a) Section 11 (Reports as to arrangements for future care and upbringing of children.) 3. The Disabled Persons (Employment) Act 1958 (a) Section 3 (The making of arrangements for the provision of facilities for the purposes set out in section 15(1) of the Disabled Persons (Employment) Act 1944.) 4. The Social Work (Scotland) Act 1968 (a) Section 1 (The enforcement and execution of the provisions of the Social Work (Scotland) Act1968.) (b) Section 4 (The making of arrangements with voluntary organisations or other persons for assistance with the performance of certain functions.) (c) Section 5 (Local authorities to perform their functions under the Act under the guidance of the Secretary of State.) (d) Section 6B (Local authority inquiries into matters affecting children.) (e) Section 8 (The conducting of or assisting with research in connection with functions in relation to social welfare and the provision of financial assistance in connection with such research.) (f) Section 10 (The making of contributions by way of grant or loan to voluntary organisations whose sole or primary object is to promote social welfare and making available for use by a voluntary organisation premises, furniture, equipment, vehicles and the services of staff.) (g) Section 12 (The promotion of social welfare and the provision of advice and assistance) except in so far as it is exercisable in relation to the provision of housing support services. (h) Section 12A (The assessment of needs for community care services, the making of decisions as to the provision of such services and the provision of emergency community care services.) (i) Section 12AZA (The taking of steps to identify persons who are able to assist a supported person with assessments under section 12A and to involve such persons in such assessments.) 158
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(j) Section 13(The assistance of persons in need with the disposal of their work.) (k) Section 13ZA (The taking of steps to help an incapable adult to benefit from community care services.) (l) Section 13A (The provision, or making arrangements for the provision, of residential accommodation with nursing.) (m) Section 13B (The making of arrangements for the care or aftercare of persons suffering from illness.) (n) Section 14 (The provision or arranging the provision of domiciliary services and laundry services.) (o) Section 27 (Supervision and care of persons put on probation or released from prisons etc.) (p) Section 27ZA (Grants in respect of community service facilities.) (q) Section 28 (The burial or cremation of deceased persons who were in the care of the local authority immediately before their death and the recovery of the costs of such burial or cremation) so far as it is exercisable in relation to persons cared for or assisted under another delegated function. (r) Section 29 (The making of payments to parents or relatives of, or persons connected with, persons in the care of the local authority or receiving assistance from the local authority, in connection with expenses incurred in visiting the person or attending the funeral of the person.) (s) Section 59 (The provision of residential and other establishments.) (t) Section 78A (Recovery of contributions.) (u) Section 80 (Enforcement of duty to make contributions.) (v) Section 81 (Provisions as to decrees for ailment.) (w) Section 83 (Variation of trusts.) (x) Section 86 (The recovery of expenditure incurred in the provisions of accommodation, services, facilities or payments for persons ordinarily resident in the area of another local authority from the other local authority.) 5. The Children Act 1975 (a) Section 34 (Access and maintenance.) (b) Section 39 (Reports by local authorities and probation officers.) (c) Section 40 (Notice of application to be given to local authority.) (d) Section 50 (Payments towards maintenance of children.) 6. The Local Government and Planning (Scotland) Act 1982 (a) Section 24 (1) (The provision, or making arrangements for the provision, of gardening assistance and the recovery of charges for such assistance.) 7. Health and Social Services and Social Security Adjudications Act 1983 (a) Section 21 (The recovery of amounts in respect of accommodation provided under the Social Work (Scotland) Act 1968 or Section 25 of the Mental Health (Care and Treatment) (Scotland) Act 2003.) (b) Section 22 (The creation of a charge over land in England or Wales where a person having a beneficial interest in such land has failed to pay a sum due to be paid in respect of accommodation provided under the Social Work (Scotland) Act 1968 or Section 25 of the Mental Health (Care and Treatment)(Scotland) Act 2003.) (c) Section 23 (The creation of a charging order over an interest in land in Scotland where a person having such an interest has failed to pay a sum due to be paid in respect of accommodation provided under the Social Work (Scotland) Act 1968 or Section 25 of the Mental Health (Care and Treatment)(Scotland) Act 2003.) 159
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8. Foster Children (Scotland) Act 1984 (a) Section 3 (Duty of local authority to ensure well-being of and to visit foster children.) (b) Section 5 (Notification to local authority by persons maintaining or proposing to maintain foster children.) (c) Section 6 (Notification to local authority by persons ceasing to maintain foster children.) (d) Section 8 (Power of local authorities to inspect foster premises.) (e) Section 9 (Power of local authorities to impose requirements as to the keeping of foster children.) (f) Section 10 (Power of local authorities to prohibit the keeping of foster children.) 9. Disabled Persons (Services, Consultation and Representation) Act 1986 (a) Section 2 (The making of arrangements in relation to an authorised representative of a disabled person and the provision of information in respect of an authorised representative.) (b) Section 3 (The provision of an opportunity for a disabled person or an authorised representative of a disabled person to make representations as to the needs of that person on any occasion where it falls to a local authority to assess the needs of the disabled person for the provision of statutory services by the authority, the provision of a statement specifying the needs of the person and any services which the authority proposes to provide, and related duties.) (c) Section 7(The making of arrangements for the assessments of the needs of a person who is discharged from hospital.) 10. Section 8 (Having regard, in deciding whether a disabled person’s needs call for the provision of services, to the ability of a person providing unpaid care to the disabled person to continue to provide such care.) The Children (Scotland) Act 1995 (a) Section 17 (Duty of local authority to children looked after by them.) (b) Sections 19-27 (Provision of relevant services by local authority for or in respect of children in their area.) (c) Sections 29-32 (Advice and assistance for young person’s formerly looked after by local authorities; duty of local authority to review case of a looked after child; removal by local authority of a child from a residential establishment.) (d) Section 36 (Welfare of certain children in hospitals and nursing homes etc.) (e) Section 38 (Short term refuges for children at risk of harm.) (f) Section 76 (Exclusion orders.) 11. Criminal Procedure (Scotland) Act 1995 (a) Section 51 (Remand and committal of children and young persons.) (b) Section 203 (Where a person specified in section 27(1)(b)(i) to (vi) of the Social Work (Scotland) Act 1968 commits an offence the court shall not to dispose of the case without first obtaining a Report from the local authority in whose area the person resides.) (c) Section 234B (Drug treatment and testing order.) (d) Section 245A (Restriction of liberty Orders.) 12. The Adults with Incapacity (Scotland) Act 2000 (a) Section 10 (The general functions of a local authority under the Adults with Incapacity (Scotland) Act 2000.) 160
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(b) Section 12 (The taking of steps in consequence of an investigation carried out under section 10(1)(c) or (d).) (c) Sections 37, 39-45 (The management of the affairs, including the finances, of a resident of an establishment managed by a local authority.) 13. The Housing (Scotland) Act 2001 (a) Section 92(assistance for housing purposes) only in so far as it relates to an aid or adaptation. 14. The Community Care and Health (Scotland) Act 2002 (a) Section 4 (The functions conferred by Regulation 2 of the Community Care (Additional Payments) (Scotland) Regulations 2002 in relation to the provision, or securing the provision, of relevant accommodation.) (b) Section 5 (The making of arrangements for the provision of residential accommodation outside Scotland.) (c) Section 6 (Entering into deferred payment agreements for the costs of residential accommodation.) (d) Section 14 (The making of payments to an NHS body in connection with the performance of the functions of that body.) 15. The Mental Health (Care and Treatment) (Scotland) Act 2003 (a) Section 17 (The provision of facilities to enable the carrying out of the functions of the Mental Welfare Commission.) (b) Section 25 (The provision of care and support services for persons who have or have had a mental disorder) except in so far as it is exercisable in relation to the provision of housing support services. (c) Section 26 (The provision of services designed to promote well-being and social development for persons who have or have had a mental disorder) except in so far as it is exercisable in relation to the provision of housing support services. (d) Section 27 (The provision of assistance with travel for persons who have or have had a mental disorder) except in so far as it is exercisable in relation to the provision of housing support services. (e) Section 33 (The duty to inquire into a person’s case in the circumstances specified in 33(2).) (f) Section 34 (The making of requests for co-operation with inquiries being made under section 33(1) pf that Act.) (g) Section 228 (The provision of information in response to requests for assessment of the needs of a person under section 12A(1)(a) of the Social Work (Scotland) Act 1968.) (h) Section 259 (The securing of independent advocacy services for persons who have a mental disorder.) 16. Management of Offenders etc. (Scotland) Act 2005 (a) Sections 10-11 (Assessing and managing risks posed by certain offenders.) 17. The Housing (Scotland) Act 2006 (a) Section 71(1)(b) (assistance for housing purposes) only in so far as it relates to an aid or adaptation. 161
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18. Adoption and Children (Scotland) Act 2007 (a) Section 1 (Duty of local authority to provide adoption service.) (b) Sections 4-6 (Local authority to prepare and publish a plan for the provision of adoption service; local authority to have regard to Scottish Ministers’ Guidance and; assistance in carrying out functions under sections 1 and 4.) (c) Sections 9-12 (Adoption support services.) (d) Section 19 (Local authority’s duties following notice under section 18.) (e) Section 26 (Procedure where an adoption is not proceeding.) (f) Section 45 (Adoption support plans.) (g) Section 47-49 (Family member’s right to require review of an adoption support plan; cases where local authority under a duty to review adoption support plan and reassessment of needs for adoption support services). (h) Section 51 (Local authority to have a regard to guidance issued by Scottish ministers when preparing or reviewing adoption support plans.) (i) Section 71 (Adoption allowances schemes.) (j) Section 80 (Application to court by local authority for the making of a Permanence Order.) (k) Section 90 (Precedence of court orders and supervisions requirement over permanence order.) (l) Section 99 (Duty of local authority to apply for variation or revocation of a permanence order.) (m) Section 101 (Notification requirements upon local authority.) (n) Section 105 (Notification requirements upon local authority where permanence order is proposed – relates to child’s father.) 19. The Adult Support and Protection (Scotland) Act 2007 (a) Section 4 (The making of enquiries about a person’s wellbeing, property or financial affairs.) (b) Section 5 (The co-operation with other councils, public bodies and office holders in relation to inquiries made under section 4.) (c) Section 6 (The duty to have regard to the importance of providing advocacy services.) (d) Section 7-10 (Investigations by local authority pursuant to duty under section 4.) (e) Section 11 (The making of an application for an assessment order.) (f) Section 14 (The making of an application for a removal order.) (g) Section 16 (Council officer entitled to enter any place in order to move an adult at risk from that place in pursuance of a removal order) (h) Section 18 (The taking of steps to prevent loss or damage to property of a person moved in pursuance of a removal order.) (i) Section 22 (The making of an application for a banning order.) (j) Section 40 (The making of an application to the justice of the peace instead of the sheriff in urgent cases.) (k) Section 42 (The establishment of an Adult Protection Committee.) (l) Section 43 (The appointment of the convener and members of the Adult Protection Committee.) 20. Children’s Hearings (Scotland) Act 2011 (a) Section 35 (Child assessment orders.) (b) Section 37 (Child protection orders.) (c) Section 42 (Application for parental responsibilities and rights directions.) (d) Section 44 (Obligations of local authority where, by virtue of a child protection order, child is moved to a place of safety by a local authority.) 162
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(e) Section 48 (Application for variation or termination of a child protection order.) (f) Section 49 (Notice of an application for variation or termination of a child protection order.) (g) Section 60 (Duty of local authority to provide information to Principal Reporter.) (h) Section 131 (Duty of implementation authority to require review of a compulsory supervision order.) (i) Section 144 (Implementation of a compulsory supervision order: general duties of implementation authority.) (j) Section 145 (Duty of implementation authority where child required to reside in a certain lace.) (k) Section 153 (Secure accommodation.) (l) Sections 166-167 (Requirement imposed on a local authority: review and appeal.) (m) Section 180 (Sharing of information with panel members by local authority.) (n) Section 183-184 (Mutual assistance.) 21. Social Care (Self-directed Support) (Scotland) Act 2013 (a) Section 5 (The giving of the opportunity to choose a self-directed support option.) (b) Section 6 (The taking of steps to enable a person to make a choice of self- directed support option.) (c) Section 7 (The giving of the opportunity to choose a self-directed support option.) (d) Section 8 (Choice of options: children and family members.) (e) Section 9 (The provision of information.) (f) Section 10 (Provision of information: children under 16.) (g) Section 11 (Giving effect to the choice of self-directed support option.) (h) Section 12 (Review of the question of whether a person is ineligible to receive direct payments.) (i) Section 13 (Offering another opportunity to choose a self-directed support option.) (j) Section 16 (The recovery of sums where a direct payment has been made to a person and the circumstances set out in section 16(1)(b) apply.) (k) Section 19 (Promotion of the options for self-directed support.) 22. Carers (Scotland) Act 2016 (a) Section 6 (Duty to prepare adult carer support plan) (b) Section 21 (Duty to set local eligibility criteria for carer support) (c) Section 24 (Duty to provide support) (d) Section 25 (Provision of support to carers: breaks from caring) (e) Section 31 (Duty to prepare local carer strategy) (f) Section 34 (Information and advice service for carers) (g) Section 35 (Short breaks services statements) 23. Miscellaneous Exercise the foregoing functions of the Council in terms of the following legislation which relate to the services detailed in Part 1 hereof. • Local Government (Scotland) Act 1973 • Local Government etc. (Scotland) Act 1994 • Local Government in Scotland Act 2003 163
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• Regulation of Care (Scotland) Act 2001 • Equality Act 2010 • Human Rights Act 1998 • UN Convention on the Rights of the Child • Children (Scotland) Act 1995 • Mental Health (Care and Treatment) (Scotland) Act 2003 • Adults with Incapacity (Scotland) Act 2000 • Children and Young People Act 2014 • Community Justice (Scotland) Act 2016 • Public Bodies (Joint Working) (Scotland) Act 2014 • United Nations Convention on the Rights of the Child (Incorporation) (Scotland) Act 2024 • 24. Appointment of: (a) The Chief Officer of the Integration Joint Board in terms of section 10 of the Public Bodies (Joint Working) (Scotland) Act 2014. (b) The Chief Finance Officer of the Integration Joint Board appointed in terms of section 95 of the Local Government (Scotland) Act 1973. 164
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Document Control Summary: Last Revised: Revised By Nature of Revision May 2022 AC Created for New Administration May 2023 AC Changes agreed by full Council on 17 May 2023: - Reduction in size of Cabinet - Clarification in respect of chairing arrangements for Ayrshire Shared Services Joint Committee - Some general rewording and reformatting September 2024 AC Annual Review with amendments to reflect Firework Control Zones December 2024 AC Changes to reflect changes in the composition of the Council. September 2025 AC Annual Review with amendments to reflect Islands Impact Reviews - General rewording – with reference to Planning Committee Delegations: reformatting and removal of duplications identified April 2026 AC Amendment to remit of Staffing and Recruitment Committee re Shared Economic Development Service with East Ayrshire Council following Council approval of the Shared Service on 12th February 2026 September 2026 AC Annual review with amendments to reflect changes necessitated by the Shared Economic Development Service with East Ayrshire Council, legislative change to IJB voting membership and clarification of the Staffing and Recruitment Committee delegations. Updating of some statutory references and specific reference to the Nolan Principles. 165
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NORTH AYRSHIRE COUNCIL 16 September 2026 North Ayrshire Council Title: Scheme of Delegation to Officers Purpose: To approve the Scheme of Delegation to Officers, one of the key governance documents regulating the operation of the Council, its Committees and Officers and to note the appointment of Statutory officers. Recommendation: That the Council agrees: (a) to approve, with effect from 17th September 2026, the Scheme of Delegation to Officers, attached at Appendix 1; and (b) to note the existing Statutory Officers. 1. Executive Summary 1.1 This report seeks approval by Council of the Scheme of Delegation to Officers which regulate the operation of the Council, its Committees and Officers and invites the Council to note the appointments made to statutory posts. 1.2 The Scheme has been amended to reflect the re-positioning of remits within Directorates and Services to reflect organisational structures across the Council. 1.3 The Scheme has been amended to formally incorporate the nine Nolan Principles of Public Life. 2. Background 2.1 The importance of having governance arrangements that are fit for purpose and up to date is an essential element to the operation of the Council. The Council’s governance documents are critical in clarifying roles, responsibilities and expected behaviours and should be reviewed regularly. An annual review of the governance documents has therefore been undertaken, and this report refers to the review of the Scheme of Delegation to Officers which enables officers to manage and deliver Council services. Scheme of Delegation to Officers 2.2 As powers are given directly to the Council, in turn it needs to decide which powers it will exercise through its committees, and which powers it will delegate to Officers. Officers can only exercise the powers which the Council gives them. The powers Agenda Item 10.3 167
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given to Officers are for operational management of services. The Scheme of Delegation to Officers lists the functions delegated to individual Directors/Executive Directors, the Head of Democratic Services, the Head of Finance and the Head of People and ICT Services. In turn, those officers can delegate these functions to other officers within their Services. 2.3 As previously, the Scheme of Delegation to Officers provides that any functions which are not otherwise reserved to Council or committee, will be dealt with by Officers. It also retains the core provision that delegated powers should not be exercised by Officers where any decision would represent a departure from Council policy or procedure or would be contrary to a standing instruction of Council (or committee) or would itself represent a significant development of policy or procedure. The only exception to this is in the case of urgency, where the Officer may, after consultation with the relevant Cabinet Member or Chair of the appropriate committee, exercise delegated powers. Should such powers be exercised in urgent circumstances, a report will be submitted to the next appropriate committee for noting. 2.4 As recommended by Audit Scotland, the Scheme of Delegation also details the remit of four Statutory Officers of the Council. These posts, and the officers appointed to them, are: • The Head of Paid Service – Craig Hatton, Chief Executive • The Monitoring Officer – Aileen Craig, Head of Democratic Services • The Proper Officer for Financial Arrangements (Chief Financial or Section 95 Officer) – Mark Boyd, Head of Finance; and • The Chief Social Work Officer – Scott Hunter It should also be noted that Allan Finlayson is the Chief Planning Officer appointed in terms of section 50 Of the Planning (Scotland) Act and that in preparation for the forthcoming commencement of section 25 of the Education (Scotland) Act 2016, Andrew Mcclelland is appointed Chief Education Officer. 2.5 The Scheme of Delegation has been reformatted to reflect changes in team structures within Directorates following the establishment of the Shared Economic Development Service. It should be noted that no increased delegation of authority is contained within the Scheme. The existing financial authorisation levels remain unchanged. The Scheme has also been amended to include reference to the nine Nolan Principles of Public Life in Scotland. The main revisals which are proposed to the Scheme of Delegation to Officers are: o re-positioning of remits within Directorates and Services to reflect organisational structures: The regeneration functions are now undertaken by the Communities and Housing Directorate, Employability and Skills functions are dealt with by the Education Directorate, the remit of Place has been updated to include the leading of the Shared Economic Development Service; o rewording, specific reference to some duties which already fall within the general delegation of authority, updating of statutory references including removal of references to superseded legislation and formatting of the document. o Specific reference to the nine principles of Public Life. 168
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o Formal delegation of authority to the Head of Finance to act on behalf of the Council within the remit of being the “accountable body” for Neighbourhood Boards. o Formal delegation to the Place Directorate to manage the Council’s solar/ renewable energy production sites 3. Proposals 3.1 Council is invited: (a) to approve, with effect from 17th September 2026, the Scheme of Delegation to Officers, attached at Appendix 1; and (b) to note the existing Statutory Officers. 4. Implications/Socio-economic Duty Financial 4.1 Approval of the key governance documents is an essential component of the Council’s financial governance arrangements. Human Resources 4.2 None arising from the recommendations of this report Legal 4.3 Approval of the key governance documents in an essential component of the Council’s legal and administrative arrangements. Equality/Socio-economic 4.4 None arising from the recommendations of this report. Climate Change and Carbon 4.5 None arising from the recommendations of this report. Key Priorities 4.6 Clear, transparent governance arrangements promote good decision making. In turn, this supports the achievement of the Council’s key priorities. Community Wealth Building 4.7 None arising from the recommendations of this report. Islands Communities Impact Assessment (ICIA) 169
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4.8 None arising from the recommendations of this report. United Nations Rights of the Child (UNCRC) 4.9 None arising from the recommendations of this report. Consumer Duty 4.10 None arising from the recommendations of this report. 5. Consultation 5.1 Executive Directors and relevant Officers have been consulted in preparation of this report. Craig Hatton Chief Executive For further information please contact Aileen Craig, Head of Democratic Services, on 01294 324 125. Background Papers 0 170
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Scheme of Delegation to Officers Published by Committee Services North Ayrshire Council Cunninghame House, Irvine KA12 8EE Classification: Public 171
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Contents Section Page 1 Introduction 1 2 Core Principles 2 3 Delegations to Officers – General Provisions 7 4 Chief Executive 10 5 Head of Service (Democratic Services) 13 6 Head of Service (Finance) 24 7 Head of Service (People and ICT) 28 8 Executive Director (Education) 31 9 Executive Director (Communities and Housing) 37 10 Director (Health and Social Care Partnership) and Chief Social Work Officer 60 11 Executive Director (Place) 68 12 Duties of Statutory Officers 78 A - Head of Paid Service 78 B - Monitoring Officer 79 C - Proper Officer for Financial Arrangements 81 D - Chief Social Work Officer 82 172
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1 Section 1 – Introduction This Scheme of Delegation was approved by North Ayrshire Council on 16 September 2026 and took effect on 17 September 2026 in terms of section 56 of the Local Government (Scotland) Act 1973 and Section 50G (2) of the Local Government (Scotland) Act 1973. The scheme contains details of those functions both statutory and non-statutory which the Council has chosen to delegate to Officers. This Scheme of Delegation needs to be read and used alongside the Council’s Standing Orders relating to Contracts, Financial Regulations, Scheme of Administration, and Standing Orders relating to Meetings which together make up the wider framework of governance within the Council. North Ayrshire Council’s Code of Governance is based upon the Nolan principles for the conduct of public life: • Selflessness: Acting solely in the public interest • Integrity: Avoiding inappropriate obligations or personal gain • Objectivity: Making choices on merit and evidence • Accountability & Stewardship: Being answerable to the public and properly managing public resources • Openness: Taking decisions transparently • Honesty: Being truthful • Leadership: Promoting and supporting these standards by example • Duty: Upholding the law and acting according to the trust placed om you • Respect: Treating everyone with dignity and respect The Scheme of Delegation contributes to the Code of Governance and these fundamental principles by defining a route for certain decisions enabling the Council to be: • Speedy and responsive in taking decisions; • Efficient – by freeing the formal decision-making structures of the Council to focus on key strategic decisions which have to be taken under full public scrutiny; and • Accountable – by holding appropriate employees fully accountable for the operational decisions they take to ensure the smooth running of the Council. 173
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2 Section 2 – Core Principles The Council has determined that all powers which are not specifically reserved to Council, Committee, Sub-Committee, Joint Boards or the Integration Joint Board are delegated to Officers. The matters reserved to Council or Committees are mainly the strategic policy or regulatory issues, while the day-to-day operational matters of running the Council’s services are delegated to Officers. Every attempt has been made to list the specific powers which are available to Officers. However, if a specific power is not mentioned in this Scheme of Delegation, it does not necessarily mean that Officers cannot exercise that power. Unless it has been specifically reserved to Council or Committee, the power will still be delegated to Officers. The powers reserved by Council are detailed in this section. In case of doubt the Chief Executive has power to determine the Officer to whom the power is delegated. 2.1 Delegations to Officers The undernoted powers are delegated to Officers of the Council: - i) The Chief Executive or appropriate Chief Officer will have delegated responsibility for all matters in respect of the operation, development and implementation of policy for the service area assigned to them unless specifically reserved to the Council or other Committees or contrary to the principles listed in 2.2 and 2.3 below, together with such Statutory Duties as may have been specifically and personally assigned to them. ii) The Chief Executive and/or the appropriate Chief Officer will be responsible for the appointment of all posts below the level of Chief Officer. iii) Such delegations are at all times to be exercised in accordance with the relevant law, and the Council’s Standing Orders relating to Contracts, Financial Regulations, Scheme of Administration and Standing Orders relating to Meetings and other relevant policies and procedures. iv) Where clarification is required, the Chief Executive will determine which matters are operational or otherwise. 2.2 Powers Reserved to Council General Issues Delegated powers should not be exercised by Officers where any decision would represent a departure from Council policy or procedure or would be contrary to a standing instruction of Council (or Committee) or would itself represent a significant development from policy or procedure. The only exception to this is in the case of urgency where the Officer may, after consultation with the Chief Executive, Leader, and relevant Cabinet Portfolio Holder or Convenor of the appropriate Committee, exercise delegated powers. Should such powers be exercised in urgent circumstances, a report will be submitted to the next appropriate Committee for noting. 174
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3 Specific powers reserved for Council or Committee 2.2.1 The powers which are reserved to the Council or its Committees are a mixture of those which must, in terms of statute, be reserved, and those which the Council has, itself, chosen to reserve. Powers which are not reserved are delegated, in accordance with the provisions of this Scheme. 2.2.2 The following is a comprehensive list of what is reserved to the Council or Committee, categorised as statutory and non-statutory: Statutory Reservations (a) To change the name of the Council in terms of Section 23 of the Local Government (Scotland) Act 1973. (b) To appoint the Convener and Depute Convener of the Council and to decide on their titles, in terms of Section 4 of the Local Government etc. (Scotland) Act 1994. (c) To appoint Committees in terms of Section 57 of the Local Government (Scotland) Act 1973. (d) To promote and oppose private legislation in terms of Section 82 of the Local Government (Scotland) Act 1973. (e) To set Council Tax in terms of Section 56(6) of the Local Government (Scotland) Act 1973. (f) To receive the certified abstract of the Council's annual accounts, in terms of the Local Authority Accounts (Scotland) Amendment Regulations 1988 and 1997 (g) The authority’s functions with respect to the borrowing of money. (h) To consider reports by the Head of Paid Service made under Section 4 of the Local Government and Housing Act 1989. (i) To consider reports by the Monitoring Officer under Section 5 of the Local Government and Housing Act 1989. (j) To decide whether or not to divide the Council's area into licensing divisions and to appoint members to the Licensing Board and Local Licensing Forum in terms of the Licensing (Scotland) Act 2005. (k) Approval of the Annual Treasury and Investment Strategy relating to the borrowing of money by the Council and treasury management. (l) The approval of reasons for the non-attendance of Members at meetings in accordance with Section 35 of the Local Government (Scotland) Act 1973. (m) The approval of the Scheme of Member’s Allowances and consideration of the entitlement of Members to such allowances. Such allowances will be paid in line with the Local Governance (Scotland) Act 2004 (Remuneration) Regulations 2007 and the Local Government (Allowances and Expenses) (Scotland) Regulations 2007 as amended. 175
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4 (n) Any other function or remit which is, in terms of statute or other legal requirement, bound to be undertaken by the Council itself. Non-Statutory Reservations (a) To establish such Committees, Sub-Committees, Joint Committees and Joint Boards as may be considered appropriate to conduct business and to appoint and remove Conveners, Depute Conveners and Members of Committees and Outside Bodies. (b) The raising of money by Rates, Council Tax or Loan. (c) The approval annually of the General Services Revenue Budget; (d) The approval of the General Services Capital Plan. (e) The approval annually of the Housing Revenue and Housing Capital Budgets and the setting of the level of rents for Council houses held in the Housing Revenue Account. (f) The incurring of any net new expenditure not provided for in the estimate of capital or revenue expenditure. (g) Any amendment of the Scheme of Administration regulating the constitution, membership, functions and powers of Committees of the Council. (h) Amendment of the Standing Orders regulating meetings proceedings and business of the Council and Committees and contracts. (i) Any amendment of the Scheme of Delegation detailing those functions delegated by the Council to its Officers. (j) The making of an order for the compulsory acquisition of any land or buildings. (k) The appointment of any Chief Officer (other than an Interim Appointment) or the dismissal of the Chief Executive, Monitoring Officer, Chief Social Work Officer, Chief Planning Officer, Chief Education Officer or S95 Financial Officer. The voluntary redundancy or early retirement of any Chief Officer which is not in compliance with the Council policies on voluntary early retirement or redundancy. (l) All matters relating to election of Councillors where these are not the responsibility of the Returning or Counting Officer. (m) To consider matters relating to the fixing or amendment of the Council's geographic boundaries, its electoral boundaries and wards, or matters relating to the fixing or amendment of the boundaries of the parliamentary constituencies lying wholly or partly within North Ayrshire. (n) The decision to co-operate or combine with other Local Authorities in the provision of services other than by way of collaborative agreement. (o) The approval or amendment of the scheme for Community Councils. 176
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5 (p) Consideration of Provisional Orders or Private Bills affecting the interests of the Council. (q) The grant of the freedom of North Ayrshire. (r) To fix and amend a programme of Council and Committee meetings. (s) Any alteration or replacement of the North Ayrshire Integration Scheme; (t) Specific functions which are reserved to Council, Committees, Joint Committees or Joint Boards as detailed in the Scheme of Administration (u) To deal with matters reserved to the Council by Standing Orders, Financial Regulations and other Schemes approved by the Council. 2.3 General Restrictions on Exercise of Delegated Powers by Officers (a) If any decision proposed under delegated powers might lead to a budget being exceeded, the Officer must consult with both the relevant Cabinet Portfolio Holder or Convener of the appropriate Committee, as appropriate, and the Chief Executive or the Head of Service (Finance), before exercising the delegated power. (b)(i) Chief Officers must ensure that the relevant Cabinet Portfolio Holder, is, where appropriate, consulted on matters of a controversial nature. Where appropriate, such matters should be referred to Council or the appropriate Committee for decision. (b)(ii) In particular, and without prejudice to the foregoing, Chief Officers will exercise particular care in determining whether a matter is to be regarded as controversial in the following circumstances. The Chief Executive will be the final arbiter of whether a matter is controversial: - • Where determination of the issue may involve a decision contrary to local or national policy, or the determination may lead to a breach of a relevant Code of Guidance. • Where it is proposed that any issue be determined contrary to significant objections or the strong recommendation of Statutory Consultees. • The Officer proposes to determine the matter, or act in a manner, contrary to the recommendation of other officers whom he/she is obliged to, or has chosen to, consult with. • There are perceived public safety or significant public policy issues dependent on the determination (save in the case of urgency as aforesaid). • Standing Orders, National or International regulation requires determination otherwise. • There are questions of legality or financial advisability/probity involved. 2.4 New Legislation and Updating of Powers The Scheme may be updated by the appropriate Executive Director notifying the Chief Executive and the Head of Service (Democratic Services) in writing in advance of the specific power they wish to exercise and if this is not in conflict with, or contradictory to any statutory provision, the Council’s Standing Orders, Council Policy or delegation to another officer, effect may be given to such delegation immediately and this Scheme will be amended accordingly. 177
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6 2.5 Sub-Delegation North Ayrshire Council hereby authorises any Officer with specific delegated powers, duties or responsibilities referred to within this scheme to delegate further any of these powers etc. to other appropriate Officers within their service. Any Officer using delegated powers will be fully accountable to the Council for his/her actions. 2.6 Interpretation In the scheme the following words shall have the meanings assigned to them, that is to say: • “Act” means the Local Government (Scotland) Act 1973; • “1994 Act” means the Local Government Etc. (Scotland) Act 1994; • “2003 Act” means the Local Government in Scotland Act 2003; • “2014 Act” means the Public Bodies (Joint Working)(Scotland) Act 2014; • “Council” means The North Ayrshire Council; • “Chief Officer” means the Chief Executive, the Executive Directors, the Director of the Health and Social Care Partnership and Heads of Service all as appointed by the Council. Any reference to any Act of Parliament shall be construed as a reference to the Act of Parliament as from time to time amended, extended or re-enacted and shall include any byelaws, statutory instruments, rules, regulations, orders, notices, directions, consent or permissions made thereunder. Any reference to any statutory instrument, regulation or order shall be construed as a reference to that instrument, regulation or order (as the case may be) as from time to time amended, extended or re-enacted. Subject to the foregoing provisions of this paragraph, the Interpretation Act 1978 shall apply to the interpretation of the scheme as it applies to the interpretation of an Act of Parliament. 2.7 Alteration of Scheme Subject to the provisions of the Act the Council shall be entitled to amend, vary or revoke the scheme from time to time. The financial limits as set by the terms of this scheme may be reviewed on 1st April each year. 2.8 Consultation with Chief Executive The Scheme of Delegation to Officers as set out in the following sections is at all times subject to the right of an Officer to consult with the Chief Executive on any matter, even though it has been specifically delegated to him or her particularly and to a duty so to consult where instructed or directed by the Chief Executive. 2.9 Absence of Executive Director The Chief Executive is authorised to exercise every power delegated to Executive Directors and Officers, whether in their absence or otherwise except where (a) part of a statutory function delegated to that specific Director or Officer or (b) the power derives from a function delegated by the Council to North Ayrshire Integration Joint Board. 178
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7 3. DELEGATIONS TO OFFICERS - GENERAL PROVISIONS The Chief Executive, Executive Directors/Directors and, unless specifically withheld, Heads of Service will have the following powers delegated to them: - 3.1 All powers necessary for the general management of the departments or services for which they are responsible including, but not limited to, the power to: - 3.1.1 Appoint employees in accordance with Council policy and Standing Orders; 3.1.2 Authorise special leave for employees in accordance with the provisions of the Council’s Scheme of Special Leave; 3.1.3 In consultation with the Head of Service (People and ICT), grant leave of absence with salary to enable employees to undertake approved part-time courses; 3.1.4 Authorise employees’ attendance at conferences/seminars and training courses for all employees; 3.1.5 Authorise departmental expenditure up to limits permitted in the Standing Orders, on such items as have been allowed for in the appropriate capital and revenue budgets. 3.2 To authorise employees to undertake functions delegated to the Executive Director/Director or Head of Service as may be deemed appropriate and expedient, provided such employees are suitably qualified. 3.3 To sign and issue the necessary authorisation to Officers of the Council to exercise statutory powers including where appropriate the rights to enter land and premises in connection with the discharge of their duties and any identity cards so required by the Council. 3.4 All such other powers as delegated by the Council, a Committee, a Sub- Committee, the Council’s Standing Orders and Financial Regulations. 3.5 To authorise and pay for the attendance of individual Members at specific conferences, seminars, etc. 3.6 To authorise and pay for the attendance of individual employees at training or conferences and to authorise and reimburse the professional membership fees of individual employees. 3.7 To appoint or make recommendations as to the employment of consultants or specialists in accordance with any decision taken by the Council. 3.8 To manage and monitor the performance of the services which are under their responsibility. 3.9 To assist in the preparation of the Council’s General Services Revenue Budget and Capital Programme. 179
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8 3.10 To take such measures as may be required in emergency situations, subject to advising the Chief Executive as soon as possible thereafter on any items for which Committee approval would normally be necessary. This includes any Contract for the execution of works which are urgently required for the prevention of damage to life or property. 3.11 To enter into contracts for the supply of goods and materials, the execution of works and the provision of services where there is adequate provision in the estimates and in accordance with the Standing Orders for Contracts or the contract is let in terms of a framework agreement to which the Council is a party. 3.12 Subject to any recycling policies to sell surplus stores, plant, furniture and equipment, including any IT equipment, for the best price obtainable and write off any such stores, plant, furniture and equipment which have become unfit for use and are un-saleable, subject to the Standing Orders Relating to Contracts and any relevant Council policies. 3.13 To deal with, and in appropriate circumstances, to approve applications from employees for reimbursement of reasonable legal expenses, in part or in whole, incurred in defending any actions raised against them personally, providing they are acting: - (a) Within the course of their employment; (b) In accordance with Council procedures; (c) In good faith. 3.14 To respond to consultation papers unless the response recommends a departure or significant development of Council policy or procedure or is contrary to a standing instruction of Council or Committee. 3.15 To amend the organisational structures of their Services including the number and designation of posts subject to the following conditions: (a) The appropriate portfolio holder(s) has(ve) been consulted if changes are significant; (b) The costs of the amendments are within the existing revenue budget and this is confirmed by the Head of Service (Finance); (c) The Head of Service (People and ICT) approves the grading, conditions of service and designation of posts. 3.16 In accordance with the Council’s approved Disciplinary, Dealing with Work Performance (Incapability) and Wellbeing @ Work (Supporting Attendance Policy), to take disciplinary action including dismissal, as appropriate in respect of employees in their relevant Service; 3.17 In accordance with the Council’s approved policies as may vary from time to time, to approve compliant applications for voluntary early retirement, redundancy or early release subject to the approval of the Head of Service (People and ICT) and the Section 95 Officer. 3.18 Action virement within the overall revenue budgets for their Services in accordance with the Financial Regulations and Codes of Financial Practice subject to confirmation by the Head of Service (Finance) or representative. 180
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9 3.19 To apply for and accept grants or external funding to support the agreed strategies, policies or plans of the Council, subject to budget being available for any required match-funding. 3.20 During a pandemic or other public health emergency when the Appeals Committee is unable to meet, the Head of Service (People & ICT) and any Chief Officer may deal with all appeals which would otherwise be heard by the Appeals Committee. This is subject to such appeals being determined by a senior officer who had no prior involvement in the case. Power is given to determine such appeals by written submissions, providing all the rules of natural justice relating to fair hearings are complied with. 181
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10 DELEGATIONS TO OFFICERS - SPECIFIC PROVISIONS 4. Chief Executive The Chief Executive leads the Executive Leadership Team and has overall responsibility for the following: • Strategic management of Council services; • Leadership of Council Employees; • Strategy and Policy Development; • Leading Improvement and Organisational Change. The following specific functions of the Council are delegated to the Chief Executive:- 1. To act as Head of Paid Service in terms of Section 4 of the Local Government and Housing Act 1989. The duties of the Head of Paid Service are detailed in Section 12A. 2. To act as the principal policy adviser to the Council on matters of general policy and to assist Members to formulate clear objectives and affordable programmes having regard to changing political priorities, statutory and financial requirements and community needs and expectations. 3. To ensure that a corporate approach to the management and execution of the Council's affairs is maintained and that advice to the Council is given on a co- ordinated basis. 4. To lead the Executive Leadership and Emergency Management Teams. 5. To monitor the performance of all Chief Officers. 6. To take such action as may be required to ensure that the correct significance is given by the Council's employees to the achievement of the overall policy objectives of the Council. 7. To give clear direction and ensure the visibility of the office of Chief Executive as the central focus for leading and co-ordinating the Council's employees. 8. To advise on staffing requirements. 9. Subject to the provisions of Council policies and procedures, to determine the organisation, appointment and proper management of the Council's employees. 10. In consultation with the Head of Service (People and ICT), to exercise all discretions available to the Council in terms of the Local Government Pension Scheme (Administration) (Scotland) Regulations 2018, the Local Government Pension Scheme (Benefits, Membership and Contributions) (Scotland) Regulations 2009, the Local Government Pension Scheme (Transitional Provisions) (Scotland) Regulations 2014 and the Local Government (Scotland) Regulations 2015. 182
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11 11. To ensure that effective and equitable employment policies are developed and implemented throughout all services of the Council in the interests of the authority and its employees. 12. To maintain a list of politically restricted posts in terms of the Local Government and Housing Act 1989; 13. To authorise the implementation of national and local agreements relating to pay and conditions of service of employees or Councillors in consultation with the Head of Service (People and ICT) 14. To give direction on the applicability of the scheme and where appropriate that any Officer shall not exercise a delegated function; except where (a) part of a statutory function delegated to that Director or officer or (b) the power derives from a function delegated by the Council to North Ayrshire Integration Joint Board. 15. To consider and deal with any urgent issues, whether arising during a recess period or otherwise, subject to reporting back to the Cabinet or the appropriate Committee at the first available opportunity. This power is to be exercised in consultation with the relevant Chief Officer and the relevant Portfolio Holder and Committee Chair. 16. During a pandemic or other public health emergency when Council is unable to meet, and in consultation with all Group Leaders, and an Independent Member nominated by the Independent Members, and the Monitoring Officer, and if required to enable effective decision making or otherwise during the emergency, to amend the Standing Orders for Meetings, the Scheme of Administration, the Scheme of Delegation to Officers, the Standing Orders for Contracts or the Financial Regulations as is required to meet the circumstance arising. 17. To deal, in consultation with the Provost of the Council, with applications for the patronage of the Council, the use of the Council’s Coat of Arms subject to the provisions of Lord Lyon King of Arms and for the use of municipal buildings; 18. To act as the Proper Officer for the following purposes of the Act: 19. Section 33A Declaration of Acceptance of Office as a Councillor; 20. Section 34 – Receipt of resignations of Councillors; 21. Sections 50B, C, D & F – Access to information; 22. Section 194(1) – Execution of deeds; 23. Section 50(D) of the Local Government (Access to Information) Act 1985 - "Listing of background papers for a report to Members". 24. To undertake the statutory responsibilities of Returning and Counting Officer in respect of Council and Parliamentary elections, referenda and ballots for Business Improvement Districts. 183
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12 25. Where urgent, to change the location of a Polling Place and to make any ancillary changes to the Council’s Polling Scheme which are required to facilitate this. 26. In an emergency to instruct executive action and incur expenditure on a report from the appropriate Executive Director on any matter, after consultation with the Provost/Leader of the Council as appropriate. 27. To devise, alter and issue, as required, role profiles in respect of Chief Officers and other officers in accordance with Council duties and functions. 28. To exercise every power delegated to Executive Directors or Officers except where (a) part of a statutory function delegated to that Director or Officer or (b) the power derives from a function delegated by the Council to North Ayrshire Integration Joint Board. 29. To appoint in the absence of the Chief Executive an Acting Depute Chief Executive and Acting Head of Paid Service to cover periods of absence. When the Chief Executive is absent the Acting Chief Executive and Head of Paid Service will have all the delegated authority of the Chief Executive. 30. To appoint a Chief Officer on an interim basis. 31. To refer matters to the Police, in terms of the Council’s defalcation procedure. 32. To act as Authorising Officer under the Regulation of Investigatory Powers (Scotland) Act 2000 for all types of authorisations, including the authorisation of a person under age 18 to act as a covert human intelligence source. To appoint other Officers to act as Authorising Officers for all such functions except the authorisation of a person under age 18 to act as a covert human intelligence source. 33. All powers ancillary to or reasonably necessary for the proper performance of the Chief Executive’s general responsibilities. 34. To terminate on behalf of the Council any contract which the Council is entitled to terminate under appropriate conditions of contract where, after consultation with the appropriate Chief Officer, the Chief Executive is satisfied that it is in the interests of the Council to do so. 35. To support and manage the Director of the Health and Social Care Partnership/Chief Officer of the Integration Joint Board in the exercise of his or her functions. 184
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13 5. Head of Service (Democratic Services) The Head of Service (Democratic Services) has overall responsibility for the following services:- • Legal and Licensing Services • Democratic Services including Policy, Performance and Democracy and Council Officers. • Communications, both internal and external • Civil Contingencies • Information Governance The Head of Service (Democratic Services) is also appointed to the following positions and has the following responsibilities: - 1. To act as the Council’s Monitoring Officer in terms of Section 5 of the Local Government and Housing Act 1989. The duties of the Monitoring Officer are detailed in Section 12B. 2. To act as “Proper Officer” and to appoint and designate other Officers of the Council “Proper Officers” for the purposes of relevant section of the Local Government (Scotland) Act 1973 in respect of the production of reports; the listing of background papers; the retention of documents, receipt of notices of any legal proceeding served on the Council and for the receipt of any notice, order or any other document required or authorised by any Act to be sent, delivered or served to or upon the Council or to the Proper Officer and report for the prescribed period and other related matters. 3. To act as “Proper Officer” and to appoint and designate other Officers of the Council as Proper Officers for the purpose of Section 193 and 194 of the Local Government (Scotland) Act 1973 and the Requirements of Writing (Scotland) Act 1995, to sign all deeds and other documents which require to be signed or sealed and to execute, on behalf of the Council, such other documents as may be necessary. 4. To act as “Authorised Officer” together with such members of his/her staff designated by him/her in terms of the Civic Government (Scotland) Act 1982 to grant non- contentious applications for licenses in terms of the Civic Government (Scotland) Act 1982 and to be responsible for the administration and control of all relevant licenses in respect thereof and to issue all notices of suspension or revocation of same as may be necessary in connection therewith. 5. To act as Senior Responsible Officer in connection with authorisations for covert surveillance permitted under Section 6 and 7 of the Regulation of Investigatory Powers (Scotland) Act 2000 and to maintain a register of use of such. 6. Receipt of Members’ acceptance of office and resignation in terms of the Act. 7. Maintenance of the Register of Interests in terms of the Ethical Standards in Public Life etc. (Scotland) Act 2000. 185
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14 8. Undertake amendment of the Scheme of Delegation and Scheme of Administration as required to take account of new or amended legislation, Council policies and decisions etc. 9. To act as Single Point of Contact (SPOC) with Police and to lead the coordination of the Council’s response to the Protect and Prepare strands of the CONTEST counter- terrorism strategy. Legal Services 10. To engage Counsel, external legal firms and /or Sheriff Officers as may be appropriate in connection with the Council’s legal business and to appoint Parliamentary agents as and when they may consider it necessary. 11. To settle without reference to the Council or its Sub-Committees, claims arising in terms of statute in respect of compensation following compulsory or voluntary acquisition or other statutory process provided all the statutory requirements have been met. 12. To issue or have issued by other Officers, Statutory Notices and Orders on behalf of the Council. 13. Institute, enter into and/or defend proceedings on behalf of the Council. 14. Negotiate and agree extra judicial settlements in line with budgetary provisions and to withdraw from legal proceedings, including proceedings before any court, tribunal, enquiry, regulatory body etc. 15. In consultation with the relevant Executive Director to settle claims and legal actions against the Council of whatever nature not otherwise covered by the Council’s insurance arrangements (and including without prejudice the foregoing generality planning appeals, employment tribunals and land tribunals) up to a maximum of £100,000 per individual claim (and to maximum of £500,000 in cases of urgency subject to consultation with the appropriate Cabinet Portfolio holder and approval by the Chief Executive) and in addition to agree appropriate fees and expenses in connection with those settlements. 16. To settle claims arising in terms of the Land Compensation (Scotland) Act 1973 in respect of home loss payments following compulsory acquisitions and also to settle any discretionary payments arising from acquisitions by voluntary agreement provided that the statutory requirements have been met. 17. In consultation with the relevant Executive Director, to authorise ex-gratia payments up to a maximum of £5,000 relative to recommendations by the Scottish Public Services Ombudsman. 18. Custody of all titles and standard securities in the Council’s favour. 19. To implement reports from the Council’s Valuer with regard to leasing of property, rent reviews and acquisition or disposal of land. 186
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15 20. To investigate complaints in terms of the Council’s whistleblowing procedures. 21. To have access at any time to any Council premises, offices or premises of contractors for the purposes of inspecting all documents and interviewing staff (either employed or contracted) in pursuit of the examination, verification or inspection of any system operated by the Council or any department thereof and to require the production of any information in whatever form including disclosure under the Data Protection Act and to implement changes arising therefrom. 22. Undertake any acquisition, disposal, lease etc. of property or land on the basis of terms recommended by the Executive Director (Place) subject to compliance with the terms of the Council’s Scheme of Administration and Standing Orders relating to Contracts. 23. Acquire former Council houses or properties within Housing Action or Regeneration Areas or more generally to meet a shortfall in housing supply in accordance with Council policy upon terms agreed by the District Valuer, or at the Home Report Valuation and which valuations must be prepared by a suitably qualified Chartered Surveyor registered with the Royal Institute of Chartered Surveyors. 24. Authorise the amount of Home Loss Payment and Disturbance Allowance in respect of eligible properties, on terms recommended by the District Valuer. 25. Set and revise periodically all fees for legal services. 26. Formation, acquisition and dissolution of companies, whether limited by guarantee or shares, Scottish Charitable Incorporated Organisation, Trusts, Partnerships or Limited Liability Partnerships or other legal body as required. Provided that this shall not include authority to form an offshore company for reasons of tax efficiency or avoidance. Licensing Services 27. To make suitable arrangements for the appointment of a Clerk and Depute Clerk(s) and for the provision of support to North Ayrshire Licensing Board in terms of the Licensing (Scotland) Act 2005. 28. To exercise licensing or registration functions of the Council in terms of the following legislation and in conformity with Council or Licensing Board policies: - • Performing Animals (Regulation) Act 1925 • Caravan Sites and Control of Development Act 1960 • Theatres Act 1968 • Dangerous Wild Animals Act 1976 • Zoo Licensing Act 1981 • Civic Government (Scotland) Act 1982 • Cinemas Act 1985 • Antisocial Behaviour etc. (Scotland) Act 2004, Part 8 (Landlord Registration) • The Fireworks (Scotland) Regulations 2004 • Housing (Scotland) Act 2006, Part 5 (HMO Licensing) • Animal Health and Welfare (Scotland) Act 2006 187
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16 • The Licensing of Animal Dealers (Young Cats and Young Dogs) (Scotland) Regulations 2009. • The Licensing of Relevant Permanent Sites (Scotland) Regulations 2016 • The Civic Government (Scotland) Act 1982 (Licensing of Short-Term Lets) Order 2022 No. 32. • The Animal Welfare (Licensing of Activities Involving Animals) (Scotland) Regulations 2021 29. To Grant an Application for any Licence where: (a) the Applicant has no more than two Minor Penalties; (b) there are no objections or adverse representations; and (c) the officer is not aware of any possible grounds for refusal (e.g. 1982 Act, Schedule 1, Paragraph 5(3)). 30. To Grant an Application for the Renewal of any Licence where: (a) the Applicant has no more than two Minor Penalties in the period between the previous decision to Grant or Renew the Licence etc. and the receipt by the Council of the Renewal Application; and (b) There are no objections or adverse representations; and (c) The Officer is not aware of any possible grounds for refusal (e.g. 1982 Act, Schedule 1, Paragraph 5(3)). 31. To determine all questions arising under the Licensing Acts, and to exercise all the functions of the Local Authority under those Acts, except decisions to refuse an Application for the Grant or Renewal, or (except where delegated) suspension of a Licence. 32. To carry out all the Council's functions, and to exercise all the Council's powers, as Licensing Authority in relation to Civic Government (Scotland) Act 1982, Section 19 (Taxi Stances), and in particular the powers to: - (a) appoint a Stance (Section 19(1)); (b) Vary the number of Taxis permitted at a Stance (Section 19(3)); (c) alter the position of a Stance (Section 19(3)); (d) revoke the appointment of a Stance (Section 19(4)); (e) erect and illuminate signs indicating the limits of Taxi Stances (Section 19(2)(a)); and (f) cause lines or marks to be made on roads indicating the limits of Taxi Stances (Section 19(2)(b)). 188
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17 33. Section 84 Antisocial Behaviour (Scotland) Act 2004: To Grant an Application for Registration of a Landlord or Agent if:- (a) there are no more than two Minor Penalties; (b) in the opinion of the Officer none of the considerations described in Section 85 (factors relevant to the decision whether or not a person is a 'fit and proper' person) exist; and (c) there are no objections or adverse representations. 34. Section 84 Antisocial Behaviour (Scotland) Act 2004: to Refuse an Application for Registration where the Applicant has failed: (a) to satisfy the Officer that he is a 'fit and proper' person, (b) to respond to reasonable inquiries within 14 days after the date on which the Council received the Application or notice of the Application via the Scottish Government website. 35. Section 88(3) Antisocial Behaviour (Scotland) Act 2004: To make a determination that an Agent or proposed Agent is a 'fit and proper person' to act for a Registered Person if: (a) there are no more than two Minor Penalties, and (b) in the opinion of the Officer none of the considerations described in Section 85 (factors relevant to the decision whether or not a person is a 'fit and proper' person) exist. 36. Where it appears to the Officer that any offence under the Act is being or may have been committed, to inform the Procurator Fiscal or Police. 37. Section 94 Antisocial Behaviour (Scotland) Act 2004: to serve a Notice (commonly called a 'Rent Penalty Notice' (RPN)) where: (a) it appears to the Officer that the conditions specified in Sections 94(2) (a) to (c) (the conditions for serving an RPN) are satisfied, and (b) where the Council has written to the relevant person inviting him to apply for Registration and 14 days have elapsed from the date of that letter without either: (i) the relevant person having made an Application for Registration, or (ii) the Officer being satisfied that the relevant person does not require to be registered, because either: (1) he does not fall within the definition in Section 1(8) (a person who is none of: a Local Authority, a registered social landlord, or Scottish Homes); (2) he is entitled to one of the exemptions in Section 1(6) (as extended by Regulations); or (3) the house is either unoccupied or is occupied by a person who is a member of the family of the relevant person (and is therefore not an “unconnected person”). 189
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18 38. Section 95 Antisocial Behaviour (Scotland) Act 2004: To Revoke a 'Rent Penalty Notice' where it appears to the Officer that the conditions specified in Sections 94(2) (the conditions for serving an RPN) were not satisfied when the Notice was served or are not or are no longer satisfied. 39. To amend the Register where appropriate (for example, under Section 88(8) Antisocial Behaviour (Scotland) Act 2004, if the Council determines that a proposed Agent is not 'fit and proper', the Council is obliged to remove the Registered Person (the Landlord) from the Register). 40. To determine all questions arising under the 2004 Act, and to exercise all the functions of the Local Authority under the 2004 Act, except: (a) Section 84: To refuse an Application for entry to the Register, or for renewal or amendment of a Registration; (b) Section 88(3): To make a determination that an Agent is not a 'fit and proper person' to act for a Registered Person; (c) Section 89: To remove the Registration of a person. 41. To refer the case to the Committee for consideration of the exercise of those reserved powers where in the opinion of the Officer any of the considerations described in Section 85 Antisocial Behaviour (Scotland) Act 2004 (factors relevant to the decision whether or not a person is a 'fit and proper' person) may exist. 42. To exchange information with other Departments of the Council and external agencies relating to: (a) the operation of the Antisocial Behaviour (Scotland) Act 2004 and any register or records held by the Council for the purpose of administering the Landlord Registration Scheme; (b) the conduct of landlords, agents and occupiers in relation to housing law and anti-social behaviour; (c) the payment of Benefit to any of those persons; (d) convictions and judgments affecting any of those persons. 43. To request any Applicant or Registered Person (including an Agent), to supply documents or information (e.g. a Disclosure Scotland Certificate or a document from a Court or Tribunal evidencing a determination) so that the Officer might determine whether or not to exercise any powers conferred in this Scheme of Delegation. 44. Section 97A (Power to obtain information) Antisocial Behaviour (Scotland) Act 2004: To serve a notice requiring the owner, occupier or agent to state: (a) confirmation of the nature of that person’s interest in the house; (b) the name and address of any other owner, occupier or agent (and information about any relationship between them); (c) such other information relating to the house or person which is reasonably requested. 45. To exercise the delegations in Part 3 of the Housing (Scotland) Act 2006. 190
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19
46. Section 129A Housing (Scotland) Act 2006: To refuse an Application without further
consideration due to breach of planning control.
47. To make an Order under Section 144 of the Housing (Scotland) Act 2006 (commonly
called ‘a Rent Suspension Order’) against the owner of an unlicensed HMO where
the Officer is satisfied that the statutory criteria exist.
48. To revoke such an Order when the HMO is licensed, or the Council is satisfied that
the accommodation does not need a Licence.
49. Sections 142 & 143 of the Housing (Scotland) Act 2006: To make (without conditions)
a Temporary Exemption Order (Decisions to attach conditions, revoke, or extend a
TEO are not delegated).
50. Section 186 of the Housing (Scotland) Act 2006 ("Power to obtain information etc."):
To exercise the Local Authority's powers to serve Notice on the owner, occupier or a
person who receives rent, directly or indirectly, requiring that person to state in
writing:
(a) the nature of his interest in the land or premises,
(b) the name and address of any other person having such an interest, and
(c) any other information which is reasonably requested (including the relationship
(if any) between the recipient of the Notice and any other occupants.
51. The following delegated authorities under the Civic Government (Scotland) Act 1982
are to be exercised after consultation with the Licensing Committee Convenor, whom
failing the Vice-Convenor, whom failing any Member of the Licensing Committee:
(a) Schedule 1 Paragraph 8(5A) Civic Government (Scotland) Act 1982: Late
Renewal- to make a determination that an Application for the Renewal of a
Licence should, or should not, be deemed an application made before the
expiry;
(b) Schedule 1 Paragraph 9(2) Civic Government (Scotland) Act 1982: material
change in the licensed premises - authorised to grant or refuse consent;
(c) Schedule 1 Paragraph 12 Civic Government (Scotland) Act 1982: Emergency
Suspension - authorised to suspend a Licence under Paragraph 12, of
Schedule 1 for six weeks or (if earlier) until the commencement of the 'Ordinary'
Suspension hearing.
(d) Sections 42(5) and 42(6) of the Civic Government (Scotland) Act 1982
(Exemption from the need to hold a Late Hours Catering Licence): after
consultation with the Chief Constable, to grant an Exemption Certificate:
(a) in respect of any particular occasion; or
(b) during a specified period not exceeding 2 months in any period of 12 months;
and to attach any conditions that the officer thinks fit.
52. To exercise functions of the Council relating to Public Charitable Collections in
conformity with Council policies.
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20 53. Public Charitable Collections under Civic Government (Scotland) Act 1982, Section 119 - authorised in respect of a particular Collection: (a) To permit a temporary departure from Committee Policy as to the dates and hours of a Collection; (b) to permit a Collection in an area notwithstanding that another Permission has been granted or an Exempt Promoter has notified the Council of its intention to collect in the same area; or (c) to vary conditions attached to the Permission under Section 119(5). This authority is to be exercised after consultation with the Licensing Committee Convenor, whom failing the Vice-Convenor, whom failing any Member of the Licensing Committee. 54. Attach such conditions as are deemed appropriate to any licence. 55. Determination of applications for the display of signs and advertisements on private hire cars and taxis. 56. To consider and determine notifications of marches and processions in conformity with Council policies. 57. To determine for the purposes of the foregoing Licensing delegations, the definitions of ‘Minor Penalty’, ‘Disposal’, ‘Excluded Disposal’ and ‘Excluded Offences’. 58. During a pandemic or other public health emergency, when the Licensing Committee is unable to meet, to determine any applications, suspensions, revocations or other business which would normally require a determination by, or a hearing before the Licensing Committee, provided the rules of natural justice, namely a right to a fair hearing, can be satisfied. 59. To exercise powers under paragraph 10(1) of Schedule I of the Civic Government (Scotland) Act 1982 to vary the terms of a licence. 60. To establish and operate a system for licensing of short-term lets in accordance with the Civic Government (Scotland) Act 1982 (Licensing of Short-Term Lets) Order 2022 No. 32 Democratic Services 61. Appoint suitable persons to the Panel of Curators in terms of the Children (Scotland) Act 1995. 62. Revise periodically the fees payable to Curators. 63. Determining rights of access to Council documents Councillors and members of the public disclosing exempt information in terms of the Local Government (Access to Information) Act 1985. 64. Act as Clerk to the Children’s Panel Advisory Committee in terms of the Social Work (Scotland) Act 1968, as amended. 192
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21 65. Approve the Constitution, Standing Orders and other related documents of Community Councils in accordance with the Scheme of Establishment of Community Councils adopted by North Ayrshire Council. 66. Adjust as necessary the calendar of meetings and holidays in consultation with the Provost and Leader of the Council, as appropriate. 67. To provide assistance to Councillors by provision of appropriate accommodation, secretarial assistance, training and library facilities etc. 68. To act as advisor to the Council on procedural and administrative matters and to ensure the provision of adequate administrative and other support for Council and its Committees and other bodies in respect of which the Council is the lead authority. 69. In consultation with the appropriate Executive Director to submit comments to the Scottish Public Services Ombudsman and the Pensions Ombudsman into alleged maladministration. 70. To make arrangements for the opening and witnessing of all tender returns in excess of £50,000, recording the date and time of receipt in accordance with the Council’s Standing Orders relating to contracts. 71. To determine whether Petition or deputation requests comply with the requirements of Council Standing Orders. 72. To deal with all applications or requests relating to civic receptions, opening ceremonies and any other ceremony, subject to consultation with the Provost. 73. To deal with requests for the grant of civic hospitality etc to any official delegations, groups and visitors to North Ayrshire and the presentation of suitable mementoes. 74. To act as the Proper Officer in terms of the Local Government (Access to Information) Act 1985 for the purposes of determining prior to a meeting whether documents should be made available to the public. 75. To carry out the functions of the Council under the Adults with Incapacity (Scotland) Act 2000 including those relating to Intervention Orders, access to funds and Guardianship Orders. 76. To provide such support and assistance as the Returning or Counting Officer may request in relation to elections, Business Improvement Districts or referenda. 77. To prepare the polling scheme for North Ayrshire and to alter or amend polling places in the event of an approved place becoming unavailable or unviable, e.g. through fire or flood or some other circumstance. 78. To manage the Council’s arrangements for town twinning, including visits to or by other towns or areas with which the Council is twinned. 79. To manage the booking of the Council Car. 193
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22 80. Maintenance of the Register of Disclosure of Interests in terms of the Ethical Standards in Public Life etc. (Scotland) Act 2000. 81. To support civic functions and festivals such as the Provost’s Awards, Marymass, and the Viking Festival. 82. To provide support and assistance to Community Councils. 83. To manage the Ayrshire Area Support Team shared service, and as part of this to support the appointment process and training of members of Children’s’ Panels. Policy and Performance 84. Support for the development of corporate policy for the Council, 85. Gathering and analysis of demographic, performance and other data relating to North Ayrshire, its neighbourhoods, and its partners. 86. To manage and administer the Council’s corporate performance planning, monitoring and continuous improvement arrangements including those relating to the Council Plan, the annual Council Plan Delivery Plan, the Council Plan Performance Framework and the Public Performance Report. 87. To co-ordinate the gathering and analysis of corporate data, performance or benchmarking information and any returns or other information relating to such performance information. 88. To support and coordinate Council entries for awards. 89. To support and coordinate Council corporate assessment for the European Foundation of Quality Management, Public Sector Improvement Framework or Recognised for Excellence or other quality systems. 90. Act as the Council’s representative for functions of the Registrar General for Scotland as regards statistics and Census. 91. To support functions of the Council relating to health improvement of Council employees. 92. To develop policies and procedures and otherwise to help ensure the Council complies with its duties under the Equalities Act, The United Nations Convention on the Rights of the Child (Incorporation) (Scotland) Act 2024, the Fairer Scotland Duty and the island-proofing requirements of the Islands (Scotland) Act 2018. Communications 93. To authorise the issue of all publicity and promotional material related to the Council. 94. To maintain good internal and external public relations. 95. To issue publicity to promote the Council’s interests and to issue appropriate releases to press and social media, or other forms of publicity on behalf of the 194
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23 Council. 96. To manage, maintain and make procedures relating to social media sites kept by the Council. 97. To deal with press enquiries and responses on behalf of the Council. 98. To authorise corporate branding material including logos etc to be used on behalf of the Council. 99. To undertake internal communications with Council employees and to provide policies to promote internal communication. 100. To produce marketing materials on behalf of the Council. 101. To manage and support requests to film on Council owned land and to support the effective planning of events in North Ayrshire by ensuring effective liaison with relevant partners. Information Governance 102. To undertake the Council’s duties relating to records management, the Records Management Plan and to maintain and manage a records management store. 103. To provide support and assistance to services in responding to requests under the Freedom of Information (Scotland) Act 2002. 104. To provide support and assistance to Council services to enable them to comply with duties under the Data Protection Act 2018, and the General Data Protection Regulations (GDPR) and to assist them to deal with requests for the release of personal data. 105. To oversee the Data Protection impact process of any contract being tendered for services, including provision of ICT or CCTV. To develop protocols for the filing and retention of Council information. 106. In consultation with the appropriate Executive Director to submit comments to the Scottish Public Services Ombudsman and the Pensions Ombudsman into alleged maladministration. 107. To manage the Council’s Customer Complaints procedures 108. To determine reviews lodged under the Freedom of Information (Scotland) Act 2002. Civil Contingencies 109. To review the performance and support the delivery by South Ayrshire as lead authority, of the Ayrshire Civil Contingencies Team shared service. 110. To exercise functions relating to civil contingencies, including identification of potential contingencies, civil contingency planning and communication, liaison with external bodies and putting in place arrangements to deal with contingencies. 195
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24 6. Head of Service (Finance) The Head of Service (Finance) has overall responsibility for the functions of Finance, Treasury Management, Procurement, Revenues, Health and Safety, Risk & Insurance, Transformation and Audit and Fraud. Audit and Fraud 1. To undertake internal audit of Council systems, procedures and practices and to investigate complaints or issues raised with Internal Audit. To provide policies, procedures and guidance relating to audit, fraud, bribery and defalcation. 2. The taking of measures designed to deter fraud, investigation of cases of suspected fraud, the taking of action to recover assets and monies lost through fraud and any action required against those responsible. 3. The taking of measures designed to deter bribery, the investigation of cases of suspected bribery, and all actions to comply with the terms of the Bribery Act 2010. 4. In relation to Internal Audit work being carried out, the Senior Manager (Audit, Fraud, Safety, Risk and Insurance) and any member of the Internal Audit section has the authority to: - • Enter at all reasonable times and without notice any premises or land of the Council, provided that where such premises or land are leased to a third party the terms of the lease are observed; • Have access to, and remove, all records (both paper and electronic), documents and correspondence within the possession or control of any officer of the Council, relating to any transactions of the Council; • Be provided with a separate log-in to any computer system within the Council and have full access to any system, network, personal computer or other device in the ownership of the Council; • Require and receive explanations concerning any matter under examination from any employee, including Chief Officers, and request such explanations from any elected member; • Require any employee of the Council to produce cash, stores or any other Council assets under their control. Insurance and Health and Safety 5. Ensuring that the Council has adequate insurance arrangements are in place. 6. Support and assistance to Council services to enable them to comply with duties under the Health and Safety at Work Act 1974 and other legislation relating to health and safety. 7. To be the primary point of contact with the Health and Safety Executive in matters relating to the health and safety of Council premises or services. Finance 8. Be the Proper Officer for the financial affairs of the Council in terms of Section 95 of 196
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25 the Act. The responsibilities of the Proper Officer for Financial Arrangements are set out in Section 12C. 9. Produce, and regularly review the Financial Regulations of the Council and any Codes of Financial Practice made thereunder. 10. Ensure that proper systems of accounting are maintained throughout the Council and that Services comply with Council policy, legislation, financial regulation and codes of financial practice issued thereunder. 11. Prepare and monitor revenue and capital budgets for General Services, the Housing Revenue Account and any other funds provided to the Council in accordance with the Financial Regulations. 12. To be the primary point of contact with external audit and provide support, information and recommendations to external auditors. 13. The provision of financial services to other bodies, organisations, etc. subject to a charge being made where appropriate. 14. Authorise disposal or write-off of surplus materials, stores, or equipment where the value does not exceed £10,000. 15. Determine Home Loan Applications and implement amendments to interest rates for the Home Purchase Loans. 16. In consultation with the appropriate Executive Director, up to a maximum of £100,000 and in conformity to any approved policy, authorise the transfer of approved estimates from one head of expenditure to another, within a Service estimate, unless it is considered to materially affect the approved budget, in which case authorisation of the Council will be sought. 17. To agree in consultation with the Executive Director (Communities & Housing) to awards of grant or other disbursements from common good or trust funds which spend capital of the fund in excess of annual revenue, having regard to whether this would be likely to promote the objectives of the fund through maximising the amount spent to promote its objectives and minimising administration costs. 18. In respect of Non-Domestic Rates, to act as the Proper Officer in terms of the appropriate legislation for all administrative purposes including: - • Arranging the preparation and issue of rates notices, the collection of rates, the receiving and settling of claims for exemption from rates, the handling of objections to the amount of rates levied, and the abatement, remission or repayment of rates under the various rating provisions. 197
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26 • To enter into arrangements with neighbouring Councils and others concerning the collection of rates, or Council Tax on behalf of the Council and to make arrangements with each agent as to suitable collection points. 19. To bill and collect sundry income for the Council 20. Rent collection and accounting, arrears recovery and collection of other miscellaneous charges. 21. The preparation and issue of Council Tax Notices. 22. To make the necessary arrangements concerning terms and commissions payable for services rendered to the Council by other agents with regard to the collection of rates, and/or other Council Tax, and the administration of any Council reduction or discount schemes etc. 23. To enter into arrangements with Scottish Water for the collection of water and waste water charges with Council Tax, and to negotiate appropriate terms and commission with the Water Authority in relation to the services rendered by the Council and its agencies. 24. To be the officer representing the interests of Council in its capacity as the “Accountable Body” in relation to the operation of Neighbourhood Boards. Treasury Management Treasury Management 25. Act as the Proper Officer for the purposes of Section 92 of the Act relating to the transfer of securities. 26. Make the necessary arrangements for duly authorised borrowing and lending in terms of Section 165 of the 1994 Act 27. Act as Proper Officer in terms of Sections 92, 193(1) and 194 of the Act for the signing of all stock certificates, bonds and mortgages. 28. Act as Registrar of Stocks, Bonds and Mortgages. 29. Borrow and invest monies as required for the purposes of the Council’s Treasury functions (within the terms of the Council’s Treasury and Investment Policy) and perform Debt Rescheduling as appropriate. 30. Make payments by cheque or another instrument. 31. Authorise the signature of cheques and other appropriate financial documentation on behalf of the Council. 32. Write off debts if satisfied that they cannot reasonably be recovered. 198
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27 Procurement 33. To undertake procurement functions for the Council including entering into contracts and framework agreements, utilising central purchasing arrangements, preparation of advice and policies relating to procurement and support and assistance to Council services in undertaking procurement. Risk and Business Continuity 34. Ensure adequate risk management arrangements are in place throughout the Council. 35. To exercise functions relating to the identification, planning and mitigation of risks affecting the Council. 36. Duties relating to business continuity, including identification of issues, business continuity planning, liaison with Council services and external bodies and putting in place arrangements to deal with business continuity issues. Transformational Change 37. To support service reform and manage and support transformational change throughout Council and its services in consultation with the relevant Executive Director. 199
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28 7. Head of Service (People and ICT) The Head of Service (People and ICT) has overall responsibility for the functions of People Services (including Human Resources, Learning & Organisational Development, Payroll, Employee Resourcing), ICT and Customer Services. Customer Services 1. To provide all services in respect of the duties of the Council in respect of the registration of births, deaths and marriages, citizenship ceremonies, Tell Us Once, civil ceremonies and to provide a registration family history searching facility. 2. To develop and manage all customer contact channels and to manage emergency telephone helplines. 3. Administer the Education Maintenance Allowance, School Clothing Grants and the National Entitlement Card. 4. Ingather all monies due to the Council in relation to Housing Benefit overpayments and enforce payment thereof. 5. In respect of Council Tax, to act as the Proper Officer in terms of the appropriate legislation for all administrative purposes including: • The collection of Council tax, the handling of objections to the assessments and the exemption, abatement, or remission of charges. • To enter into arrangements with Communities Scotland etc. in accordance with Schedule 2 of the Local Government Finance Act 1992, to administer Council Tax Reduction and discounts on behalf of the Council for all those residents in the housing authority’s property. 6. To administer the Scottish Welfare Fund on behalf of the Scottish Government 7. To administer a council tax reduction scheme on behalf of the Scottish Government. 8. To administer the Discretionary Housing Payment on behalf of the Scottish Government. 9. To support the delivery of Universal Credit in North Ayrshire in accordance with the Department of Work and Pensions Delivery Partnership Agreement. People Services 10. To carry out all matters relating to staffing, recruitment, promotion and transfer within the Council’s policy and apply the pay grading and conditions of service as agreed by the Council in respect of their employees. 11. Develop, amend and issue, as required, role profiles in respect of Chief Officers and other officers in accordance with Council duties and functions. 200
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29 12. Manage the recruitment of Chief Officers and act as adviser to the Staffing and Recruitment Committee. 13. To supervise and, so far as necessary, administer the Council’s Corporate Human Resources Policies and Procedures. 14. Develop and maintain human resources policies and procedures. 15. Authorise employee terms and conditions associated with Council Policies and Procedures, Appeals, Health, Safety and Wellbeing, National Agreements and Pension Regulations (Special Leave, Recruitment and Selection, Dignity at Work, Annual Leave, Discipline and Grievance, etc). 16. To investigate complaints in terms of the Council’s Whistleblowing procedures. 17. Develop and nurture working relationships with Trade Unions to support a stable employee relations climate. 18. Contribute to the effective operation of the Council’s Appeals Committee, Joint Consultative Forum and the Local Negotiating Committee for Teachers. 19. To undertake on behalf of the Council negotiations and discussions with Trade Unions and other employee organisations concerned with the interests of Council employees. 20. To implement national pay awards and amendments to national and local rates of travel, subsistence and other allowances. 21. To apply all matters which conform to the national conditions of service and local conditions of service of all categories of employees of the Council. 22. After consultation with the appropriate Executive Director to approve the acceleration of increments within existing salary scales. 23. In consultation with the appropriate Executive Director to approve applications for the termination of employment on medical grounds where such recommendations are made by the Council’s Occupational Physicians. 24. To pay salary and wages and make associated arrangements for payment of Council paid employees in accordance with statutory requirements. 25. Following consultation with appropriate Executive Director to provide to the Local Government Adjudicator for Scotland on behalf of the Council, certificates required for the purposes of Section 3(3) of the Local Government and Housing Act 1989 in relation to exemption of post from political restrictions. 26. To co-ordinate the Council’s arrangements and ensure compliance with relevant legislation to PVG Scheme/Disclosure Scotland. 27. To manage and support the Council’s policies and procedures on absence at work and to enter into arrangements for the provision of an Occupational Health service, counselling or other services to support employees. 201
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30 28. Enter into agreements and deliver human resources services to other bodies. 29. To design and deliver or arrange for the delivery of training to Council employees, and Councillors. 30. Contribute to organisational development interventions as required. ICT 31. Review and provision technology solutions appropriate to the needs of the Council. 32. Ensure technology solutions and usage are optimised to maximise the value to the Council. 33. Develop, maintain and implement the ICT asset management plan and inventories for the purpose of insurance, compliance, audit control and licensing. 34. Ensure Council technology solutions are aligned to the Digital Strategy, Technology Strategy, and where appropriate other Council plans and strategies. 35. Review and authorise ICT contracts as appropriate ensuring, in conjunction with any Procuring Service and the Data Protection Officer, that when tendering for contracts, an appropriate Data Protection Impact assessment is in place. 36. Deliver security technologies, processes and controls which will support technical innovation while protecting systems, networks, and information from cyber-attacks. 37. Develop and implement the Council’s Technology Strategy. 202
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31 8. Executive Director (Education) The Executive Director of Education has overall responsibility and delegated authority to deliver the following: • Education Service, in terms of the specific delegations set out in this document, and through the relevant committee frameworks also set out here, with regard to: • The strategic leadership of the functions of the Council as Education Authority, including policy, planning and service re-design to achieve the aims set out in the Council Plan and statutory Annual Education Plan. • The delivery of mainstream and specialist education through schools, centres and a range of additional support needs provisions, to meet the needs of children and young people at early learning and childcare, primary and secondary stages. • Strategic oversight and direction of: the curriculum; learning and teaching; assessment and qualifications; quality improvement and performance management. • The provision of an educational psychology service. • Strategic oversight and direction of workforce development and professional learning. • Strategic oversight and direction of the Local Negotiating Committee for Teachers and the Joint Consultative Committee for Education. • In partnership with the Director of the Health and Social Care Partnership, the strategic oversight and direction of the Children and Families Plan, child protection and safeguarding for all children and young people within the area of the Council. • The provision of Facilities Management support including: ▪ The delivery of meals to Early Years, primary schools and secondary schools. ▪ Provide milk and a healthy snack for Early Years children in accordance with the Milk and Healthy Snack Scheme (Scotland) Regulations 2021; ▪ Ensuring that the menu options meet the requirements of the Nutritional Requirements for Food and Drink in Schools (Scotland) Regulations 2020; ▪ Complying with the current Setting the Table: Nutritional Standards and Practical Guidance for Early Learning and Childcare Providers in Scotland; ▪ Providing trained support and advice to develop specific menu options for pupils with special diets (medical, religious, cultural etc); ▪ Consult with pupils and parents/carers on menu development and publish agreed menus on the website; ▪ Promotion of school meals and encourage the uptake of healthy choices in school settings; ▪ Management of cashless catering and online payments systems in relation to the provision of school meals; ▪ Lead the communication with parents/carers for the registration of new pupils onto the cashless catering and online payments systems; ▪ Manage the distribution of holiday meals funding in accordance with Council policy for those entitled to free school meals on the basis of low income; 203
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32 ▪ Cleaning of all educational settings to ensure learning environments are safe and hygienic; ▪ Provision of janitorial/cleaning/facilities staff to ensure the smooth running of the Early Years setting or school including opening, closing and securing the building; ▪ Management of assets, cleaning equipment and stock; ▪ The provision of free period products across educational settings in compliance with the Period Products (Free Provision) (Scotland) Act 2021; and • Schools including Curriculum; Learning and Development; Pupil Equity Fund, Attainment Fund, Educational ICT; Performance and Improvement; Professional Development; educational improvement and Service Redesign • Children and Young Peoples’ Services including Integrated Children’s Services Planning; the Child Poverty Strategy; Early Years Psychological Services and Additional Support for Learning; Inclusion; Parental Engagement; Youth Employment and Service Redesign • Employability and Skills including youth employment; skills development; post-school transition support; education maintenance allowances; discretionary grants and bursaries; educational courses, conferences, visits and excursions; and partnership working to support improved learner outcomes. The Executive Director of Education has delegated authority as follows: Generally 1. To exercise the functions of the Council as Education Authority in terms of the relevant parts of the following primary legislation and any subsequent, secondary or similar legislation replacing or expanding existing Acts pertaining to the provision of education services: • Education (Scotland) Act 1980 as amended • The Self-Governing Schools (Scotland) Act 1989 • Education and Training (Scotland) Act 2000 • Standards in Scotland’s Schools etc. Act 2000 • Regulation of Care (Scotland) Act 2001 • Education (Disability Strategies and Pupils’ Educational Records) (Scotland) Act 2002 • Schools Education (Amendment)(Scotland) Act 2002 • Education (Additional Support for Learning) (Scotland) Act 2004 • School Education (Ministerial Powers and Independent Schools) (Scotland) Act 2004 • Scottish Schools (Parental Involvement) Act 2006 • Schools (Consultation)(Scotland) Act 2010 Specifically 204
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33 2 To discharge the duty of the Council as Education Authority to ensure adequate and efficient provision of school education in terms of sections 1-14 of the 1980 Act and sections 1-2 of the 2000 Act and in accordance with approved Council policy. 3 To discharge the duty of the Council as Education Authority to secure improvement in the quality of school education and to publish annual plans and reports in that regard in terms of sections 3–7 of the Standards in Scotland’s Schools etc. Act 2000, sections 1–6 of the Education (Scotland) Act 2016, and having regard, where relevant, to the inspection and quality assurance arrangements established under the Education (Scotland) Act 2025. 4 To implement the principle of the presumption set out in section 15 of the 2000 Act that education be provided in mainstream education settings unless in exceptional circumstances. 5 To discharge the duty of the Council as Education Authority to make adequate provision to meet the additional support needs of learners as set out in the Education (Additional Support for Learning) (Scotland) Acts 2004 and 2009. 6 To exercise, at discretion, the powers available to the Council as Education Authority, in terms of section 23 of the 1980 Act, with regard to the provision by the Council of education for children from outwith the area of the Council, including the setting of placement fees for other Education Authorities. In addition, to authorise the payment of such fees to other Education Authorities and external providers where education has been provided at the request of the Education Authority for children normally resident in the area of the Council. 7 To discharge the duty of the Council as Education Authority in the provision of Gaelic Medium Education in terms of sections 7-18 of the 2016 Act. 8 To determine school term dates and in-service days after consultation with appropriate trade unions, education staff and parent councils. 9 To exercise the functions of the Education Authority in relation to the promotion and management of pupil attendance in schools, in terms of sections 36-41 of the 1980 Act and with regard to the Scottish Government national guidance document: Included, Engaged and Involved: Part 1. 10 To exercise, at discretion, the powers available to the Council as Education Authority in respect of exclusion of pupils from school, in terms of regulation 4 of the Schools General (Scotland) Regulations 1975 as amended and with regard to the Scottish Government national guidance document: Included, Engaged and Involved, Part 2 (2017). 11 To determine and manage a Devolved School Management (DSM) Scheme, which sets out how educational establishments within the Education Authority are funded and how financial accountability is assured, in terms of section 8 of the 2000 Act and the Scottish Government Devolved School Management Guidelines (2019). 12 To appoint and supervise teaching staff in terms of Part IV of the 1980 Act and in accordance with the DSM scheme and local agreements approved by the North Ayrshire Local Negotiating Committee for Teachers (LNCT). 13 To implement all decisions taken within the terms of reference of the North Ayrshire LNCT, provided that any resultant financial commitments are contained within the Service budget. 205
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34 14 To exercise, in conjunction with the Head of Service (People & ICT), and through the LNCT, the discretionary powers available in the implementation of conditions of service in relation to teachers in the employment of the Council, as set out in Appendix 1.3 of the Scottish Negotiating Committee for Teachers (SNCT) Handbook or any amendment thereof. 15 To arrange professional learning for the education workforce in pursuance of improved standards of service delivery and improved learner outcomes. 16 To approve temporary secondments by teaching staff to posts out with the area of the Council and temporary secondments within the area of the Council by teaching staff from elsewhere. 17 To consider and determine all applications for the provision of footwear and clothing and/or the provision of free school meals for learners at local authority schools, in terms of sections 53-56 of the 1980 Act and sections 22-23 of the 2016 Act, and in accordance with Council policy. 18 To consider and determine all placing requests under section 28 of the 1980 Act, sections 43-44 of the 2000 Act and Schedule 2 of the Education (Additional Support for Learning) (Scotland) Act 2004 in accordance with the guidelines formulated by the Council and, where appropriate, to make representation to the Education Appeals Committee in respect of any appeals against decisions. 19 To consider and determine all requests for school transport under section 51 of the 1980 Act and in accordance with Council policy. 20 To consider and determine applications from educational establishments for residential school excursions overseas or participation in exchange programmes. 21 To carry out the administration, assessment and award of Education Maintenance Allowances (EMAs) in accordance with Council policy. 22 To authorise discretionary grants to staff and/or pupils in connection with courses, conferences, educational visits and excursions within budget allocation. 23 To issue licences in terms of the Children (Performances and Activities) (Scotland) Regulations 2014. 24 To approve monthly unitary charge invoices in respect of Public Private Partnership and NDP contracts. 25 To accept and administer any new trusts or small endowments which may be offered to the Council for schools managed by the Council and to receive and determine applications for distribution of funds in any endowments, subject to the terms of the endowment. 26 Manage the Educational Services Department and the provision of education in accordance with approved policy including: 1. Accept and administer any new trusts or small endowments which may be offered to the Council for schools in their area. 2. Transfer teachers within the policy established by the Education Authority and, where appropriate, pay transfer expenses. 206
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35 3. Exercise the discretionary powers available in implementation of conditions of service in relation to teachers in the employment of the Authority. 4. Carry out the administration, assessment, and award of education maintenance allowances. 5. Make discretionary grants to pupils to enable them to attend courses and conferences and to undertake additional visits and excursions at home and abroad within the approved estimates and policies of the Council. 6. To make grants of up to £1000 to voluntary organisations, schools and other organisations which make provision for children of school age, pre-5s or out-of- school care. 7. To approve support for any type of educational course and to make grants from any bursary or other financial scheme operated by the Council. 8. To make grants to employees and/or pupils in connection with courses, conferences, educational visits and excursions. 9. To make grants to pupils who are selected to join national music ensembles in respect of fees and attendance at courses related to their membership of these bodies. 10. Exercise the powers available to the Council as Education Authority in relation to the exclusion of pupils from schools in line with policy. 11. Determine the dates of local school holidays within the Council after consultation. 12. Determine the dates of the 5 teachers’ in-service days after due consultation with all relevant parties. 13. To receive and determine applications for distribution of funds in any endowments, subject to the terms of the endowment. 14. To accept and administer any new trusts or small endowments which may be offered to the Council for schools in its area. 15. To issue licences in terms of the Children (Performances and Activities) (Scotland) Regulations 2014. 16. To agree or refuse requests for access to an amendment of records in terms of the Pupils Education Records (Scotland) Regulations 2003 and the Further Education Student Records (Scotland) Regulations 1990 and to review any such decisions. 17. In accordance with the Council’s approved policies for early release, in conjunction with the Head of Service (People and ICT), to approve any application by a teacher or associated professional for voluntary early retirement, redundancy or early release. 207
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36 Employability and Skills 1. To develop and manage the Employability and Skills Services of the council, including entering into contracts with third party providers and potential employers and to offer employment related advice and assistance. 2. To develop and manage the Council’s Modern Apprentice programme, Supported Employment Programme, Skills for Life programmes and other employability programmes supporting people into and sustaining employment in the Council and or other employers. 3. To manage funded employability programmes, including entering into contracts with third party providers and to offer money and household budgetary related advice and assistance. 208
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37 9. Executive Director (Communities and Housing) The Executive Director of Communities and Housing has overall responsibility for the following services • Communities including Community and Locality Planning; Community Resources; Community Learning and Development; (adult learning, young people and capacity building); locality hubs; Information and Culture (inc. Arts, Culture & Heritage); Libraries; the Gaelic Plan; Sports and Activity (including Active Schools and sports development, Active Travel and Regeneration; Arran Outdoor Education Centre and the relationship with KA Leisure);Licence holder of Duke of Edinburgh Award; Country Parks and Ranger Services; Community Engagement and Empowerment (including Participatory Budgeting, the Community Investment Fund, Community Asset Transfer); the North Ayrshire Food system, and support for external organisations (including North Ayrshire Ventures Trust). • Housing and Public Protection including Housing Services, Homelessness, Corporate and Public CCTV, Planning, Building Services and Protective Services (Building Standards, Community Safety, Environmental Health, Trading Standards). The Executive Director has delegated authority as follows: Specifically: 1 To exercise the functions of the Council in terms of the relevant parts of the following primary legislation and any subsequent, secondary or similar legislation replacing or expanding existing Acts pertaining to the provision of community services: • Community Empowerment (Scotland) Act 2015 • Gaelic Language (Scotland) Act 2005 • The Requirements for Community Learning and Development (Scotland) Regulations 2013 • Period Products (Free Provision) (Scotland Act 2021 • Local Government (Scotland) Acts 1994 and 2003 (including library/museum and leisure provision) Generally: 2 To ensure proper arrangements for developing and ensuring excellent relationships with our communities, including through community engagement, consultation, participation, participatory democracy and community empowerment. 3 To develop and support the capacity of organisations, individuals and communities, including young people to become involved in, and contribute to North Ayrshire, its neighbourhoods and communities. in the context of the Council's vision for a North Ayrshire that is fair for all and the reduction of inequalities, including through the Child Poverty Report and Action Plan. 4 To support the development of community and locality planning, the development of defined neighbourhood priorities and community action plans; Locality Planning Partnerships, including the application of Community Investment and other internal and external funding for this purpose. 209
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38 5 To support the progress and local implementation of the Local Governance Review and Democracy Matters in relation to community empowerment and subsidiarity in accordance with Council policy. 6 To support local organisations in the development of local democratic approaches, including locality partnerships, community councils, community associations and community development trusts. 7 To develop and support North Ayrshire’s approach to participatory democracy. 8 To develop and support North Ayrshire’s approach to Participatory Budgeting, including grant awarding and mainstreaming. 9 To develop and support work with young people by implementing our Children and Young Peoples Citizenship and Participation Strategy. 10 To implement and adhere to the requirements of Duke of Edinburgh Award Licence. 11 To develop and support the national Adult Learning Strategy and maintain excellence in our work with adults. 12 To lead on the implementation of the Council’s Participation Strategy. 13 To support organisations and communities seeking to acquire Council assets in terms of the Council’s Community Asset Transfer Policy or Community Keyholding /Partnership Agreements. 14 To develop as appropriate an Allotments Policy to support community aspirations. 15 To manage Participation Requests, Community Asset Transfer Requests, and Community Right to Buy Requests under the Community Empowerment (Scotland) Act. 16 To ensure the design and delivery of community learning and development, including youth services, adult learning and community capacity building and empowerment, and take responsibility for the North Ayrshire Community Learning Development Strategic Plan. 17 To develop relationships and ensure the co-design and co-delivery of services with third and voluntary sector partners, through the Third Sector Interface, and other appropriate local structures and approaches. 18 To develop and support the community and locality hub system, to support and work with citizens close to where they live. 19 To develop and support the North Ayrshire Food System. 20 To ensure the provision of an adequate library and information service which meets the needs of residents including the development of an enhanced digital offer. 21 To support arts and culture within and relating to North Ayrshire. 210
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39 22 To support the aspirations of the artistic and cultural communities of North Ayrshire. 23 To acquire whether by purchase, donation, bequest or exchange any items for the museum and art collections of the Council. 24 To grant permission to reproduce works of art and approve publications and to impose the appropriate charges for those artefacts and exhibits in the Council’s ownership. 25 To authorise the acceptability of gifts to art galleries or museums on behalf of the Council and to acknowledge the acceptability of these gifts. 26 To authorise the loan to outside bodies of works of art or museum exhibits, in consultation with the Head of Service (Finance) in relation to insurance arrangements. 27 To select, acquire and as necessary discard all books and other printed material, audio visual pictures, electronic images and other library material and all materials for museums, within the approved budget. 28 To lead and administer the ‘licence to occupy arrangements’ for the use of public and community halls, centres, schools and recreational facilities and the provision of health, wellbeing, entertainment and events approved by the Council within the remit of the service and accordance with the policies or practices and procedures of the Council. 29 To lead and develop for the CPP an Active Communities Strategy and Plan, designed to increase the amount and quality of physical activity experienced by North Ayrshire residents, for the benefit of their physical and mental health and well-being. 30 To develop a whole systems approach to inclusion in sports and physical activity including working with care experienced children and young people and their families. 31 Authorised to monitor the performance of North Ayrshire Leisure Trust/KA Leisure in delivering services in accordance with agreements between North Ayrshire Council and the Trust. 32 The management and delivery of Council sports and leisure facilities not operated by North Ayrshire Leisure Trust/KA Leisure. 33 Support for community events, festivals and activities. 34 To provide support and assistance to Community Councils, Community Associations and Community Development Trusts. 35 To provide discretionary grants to community organisations in pursuit of community interests. 36 To support North Ayrshire Ventures Trust, the Spiers Trust, Kilbirnie Loch Management Group, and other appropriate Community groups within North Ayrshire. 37 To develop and manage Eglinton Country Park and related open spaces. 38 Outdoor education including management and development of Arran Outdoor Education Resource Centre. 211
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40 39 In accordance with the recommendations of the Locality Partnership made by consensus, or which failing, by the Elected Member or Members on the Locality Partnership in question, to agree and administer the disbursement of any grant or other financial payment to local organisations or individuals from within the area in terms of the relevant community development grant scheme, common good funds or other public trusts, subject to the following paragraph. 40 To agree in consultation with the Head of Service (Finance) to awards of grant or other disbursements from common good or trust funds which spend capital of the fund in excess of annual revenue, having regard to whether this would be likely to promote the objectives of the fund through maximising the amount spent to promote its objectives and minimising administration costs. 41 To name streets in consultation with the relevant Locality Partnership. Community and Locality Planning 42 To lead on a transformative whole system approach to community and locality planning, to reduce inequalities. 43 To design and implement the Council’s Community and Locality Planning arrangements with partners, including communities. 44 To provide support to Community Planning Partners in the co-design and co-delivery of the Locality Outcomes Improvement Plan and locality priorities. 45 To manage and administer the community and locality planning arrangements, including support to the CPP Board and Senior Officer Group. 46 To support the development of the Community Engagement Network. Housing 1. Authorised to manage the Council’s housing stock within approved policies. The allocation of housing (including the allocation of pitches to Travelling Persons and the letting of garages and decisions on homelessness priority and the allocation of housing to homeless applicants in accordance with the Council’s policy as required in terms of the Housing (Scotland) Acts 1987, 2001 and 2014 and the Homeless etc. (Scotland) Act 2003, and any subsequent legislation relating to Housing Services. 2. Undertake the Councils statutory responsibilities in terms of the prevention of Homelessness and Homelessness provision in line with the Housing Scotland Act 1987 as amended. 3. Authorised to sign missives of let issued under the terms of the Housing (Scotland) Act 1987. 4. To acquire by purchase or lease or sell properties under the Housing Revenue Account and consisting of land, buildings and all heritable assets necessary way leaves, 212
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41 servitudes, licences up to an individual transactional value of THREE HUNDRED THOUSAND POUNDS (£300,000) in accordance with the Policy, Standing Orders Relating to Contracts, any scheme of sub-delegation prepared by the Executive Director setting out the level of employee able to authorise particular transactions, and the provisions of the Local Government (Scotland) Act 1973, regulations made thereunder, the Housing (Scotland) Acts 1987, 2001 and 2014, the Homeless etc. (Scotland) Act 2003, and any subsequent legislation relating to Housing Services and all relevant statutory provisions. 5. Authorised to exercise powers with respect to sub-standard housing under the Civic Government (Scotland) Act 1982 and the Housing (Scotland) Act 2006 6. Authorised to exercise powers with respect to closing and demolition orders under the Housing (Scotland) Act 2006. 7. Authorised to exercise powers with respect to houses in multiple occupation under the Housing (Scotland) Act 2006. 8. Authorised to exercise powers with respect to compensation payments under sections 304 - 310 of the Housing (Scotland) Act 1987. 9. Authorised to agree, recharge and recover amounts payable by private owners as part of common repairs involving Council property. 10. Authorised to sign notices of proceedings and notices to quit to raise proceedings for repossession of dwelling housing. 11. Authorised to exercise powers with respect of regulation of private landlords as required under the Anti-Social Behaviour etc (Scotland) Act 2004 - Section 7 and 8. 12. Control and monitoring of the Housing Revenue Account Capital and Revenue budgets. 13. Making payments in respect of tenants/resident’s groups, re-decoration grants, ex- gratia payments and similar such payments. 14. Authorise payments of grants applicable in terms of the Housing (Scotland) Act 2001 and 2006, relative to the improvement of houses. 15. Providing out of hours emergency services for homeless persons, urgent repairs etc. 16. Consulting with tenants/residents’ groups on housing issues. 17. Ordering, managing, performing and inspection of repairs and improvements to ensure that housing stock meets the Scottish Housing Quality Standard and Energy Efficiency Standards for Social Housing wherever practicable. 18. Arrange for the routine maintenance and repair of housing stock and to implement programmes of planned maintenance as previously approved by the Council. Also emergency repairs to Council’s housing stock for which adequate provision is made in the estimates and, where such maintenance, repair etc. cannot be undertaken directly by the Council’s workforce, appoint contractors in compliance with the Standing Orders Relating to Contracts; 213
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42 19. Determining in accordance with relevant legislation or Council policy requests for succession of tenancies, mutual exchanges, lodgers, sub-letting, alterations. 20. Making representations to the Scottish Government and other appropriate Government Bodies and Agencies, where appropriate, to maximise prospects of improving housing provision within the area. 21. Preparing the Councils Local Housing Strategy, Strategic Housing Investment Plan and other strategic documents and monitoring their implementation. 22. Assessment of general needs and special housing needs in liaison with other services and agencies. 23. Maintaining all buildings, furniture, equipment etc under his/her control and ensuring safety checks and procedures etc. are undertaken. 24. Ensuring proper arrangements are in place in respect of statutory compliance for housing properties in relation to issues such as gas electrical and, fire safety, asbestos, legionella etc. 25. Act as the Proper Officer in terms of Section 193 and 194 of the Act for the purposes of granting leases and serving notices all in terms of Part 3 of the Housing (Scotland) Act 1987. 26. To provide services to travelling persons including the management and maintenance of a dedicated site for travelling persons. 27. Managing and supporting unauthorised encampments of gypsies, travellers and others within North Ayrshire. 28. Authorised to appoint, and authorise as appropriate, officers to ensure that enforcement and administration of statutory responsibilities. 29. Authorised to determine applications for repair and improvement grants in line with the provisions of the Housing (Scotland) Act 2001 and related legislation and Council policy and procedure. 30. In consultation with the Head of Democratic Services to serve notices and undertake court proceedings to recover possession of heritable property or arrears of rent. 31. Supporting the provision of good quality temporary and interim accommodation for vulnerable households including women experiencing violence, homeless people and young people leaving care in line with the Unsuitable Accommodation Order 2004 as amended. 32. Authorised to provide Housing Options Advice and Information in line with Statutory Guidance. 33. Authorised to facilitate access to Private Sector Housing including the provision of Rent Deposit Guarantees. 214
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43 34. Authorised to provide Housing Support in line with the Housing Support Duty 2013 in line with Statutory Guidance. 35. Authorised, as proper officers in terms of s338 of the Housing (Scotland) Act 1987, to assess property condition in relation to the tolerable standard". CCTV and Out of Hours 36. To install and manage public close circuit television (CCTV) in accordance with relevant legislation and review and support services installing (CCTV) or surveillance cameras in accordance with relevant legislation to ensure operational compliance. 37. Provide an out of hours call handling service for Building Services Housing repairs, Property Maintenance and Infrastructure repairs, Roads and Lighting faults, emergency death registrations, Largs Car Park issues and contingency incidents for services. 38. Provide a 24/7 key holding function for contractors to turn over voids for temporary accommodation properties and provide key holding for Sheltered Housing Units access 24/7 for contractors and staff. 39. Monitor fire and building security systems within the Saltcoats High Flats responding to any alarms activations or security concerns. 40. Carry out any duties required in relation to antisocial behaviour in terms of the Antisocial Behaviour etc. (Scotland) Act 2004. Planning 41. The Scheme of Delegation is prepared in accordance with the Town and Country Planning (Scotland) Act 1997, as amended by the Planning etc. (Scotland) Act 2006, and with the provisions of the Town and Country Planning (Schemes of Delegation and Local Review Procedure) (Scotland) Regulations 2013. 42. Notwithstanding the provisions of Section 50G (2) of the Local Government (Scotland) Act 1973, in terms of Regulation 3 of the Town and Country Planning (Scheme of Delegation and Local Review Procedure (Scotland) Regulations 2013 the following functions are hereby delegated, namely, the determination of planning applications for Local Developments as defined in Regulation 2(2) of the Town and Country Planning (Hierarchy of Development) (Scotland) Regulations 2009, as provided for in terms of Section 43A of the Town and Country Planning (Scotland) Act 1997 (hereinafter referred to as the “1997 Act”) excepting always therefrom the applications where the Planning Authority themselves decide to determine the application in terms of Section 43A(6) of the 1997 Act. Planning Committee Call-in Procedures are more specifically detailed in paragraph 26.3 of the Standing Orders for Meetings and Proceedings of the Council. 43. Where otherwise not provided for, to determine applications in terms of Part III (Development Management) of the 1997 Act as amended where: - 215
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44 a. the determination is not contrary to the Development Plan b. a decision to grant permission for the proposed development would not be inconsistent with a previous refusal of the Council on applications relating to the same site; or c. all appropriate consultations have been carried out and all necessary notice has been given and no material planning objections have been received: • from members of the public • from other services of the Council • from any Community Council, and • from any other public authority concerned, any of which cannot be resolved by conditions or amended proposals. 44. To administer the provision of Part VI (Enforcement) and Part VII (Trees) of the 1997 Act and to determine applications. 45. Decline to determine an application in accordance with Section 39 of the 1997 Act relating to similar applications submitted within two years of a refusal or appeal dismissal. 46. Vary planning permissions granted where the variation sought is considered not to be material. Alter or add conditions to applications which the relevant Committee has decided it is minded granting, where such changes are required as a result of subsequent responses from statutory or technical consultees and which do not raise significant new issues requiring to be considered by the Committee. 47. Agree the discharge of planning conditions where the terms of the condition have been fulfilled. 48. To determine any application for advertisement consent under Regulations in terms of Section 182 of the 1997 Act to the displays of advertisements. 49. Subject to any condition considered appropriate to determine any submission required by a Development Order or by conditions imposed on the grant of planning permission. 50. To determine applications for listed building consent and conservation area consent in terms of the Planning (Listed Buildings and Conservation Areas) (Scotland) Act 1997 and relevant Regulations. 51. Issue decision notices where the Scottish Ministers have made a Direction requiring the Planning Authority to refuse an application and where the Planning Authority has accordingly no alternative. 52. Evaluate applications and determine whether an Environmental Impact Assessment is required and where so, scope. 53. Issue planning contravention notices where information is required to establish whether a breach of planning control has occurred and Breach of Condition Notices where an applicant has failed to comply with a condition of a Planning Permission or 216
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45 other consent. 54. Determine whether or not to grant prior approval of the siting, design or external appearance of telecommunication masts or demolition of dwelling houses, which thereby constitutes permitted development. 55. Make observations on behalf of the Planning Authority on routine proposals by statutory undertakers or on routine consultations to the Council as Planning Authority. 56. Determine applications for certificate for proposed and existing lawful use and development. 57. Determine applications for hazardous substance consent. 58. Authorise minor amendments to Section 75 Obligations where the change sought is not considered material and where such a change accords with any policy or decision of the Council. 59. Represent the Council at Inquiries or Hearings to the Scottish Ministers under the Planning Legislation. 60. Promote and confirm provisional Tree Preservation Orders, where no objections have been received. Authorise grants, where contained within existing budgets for listed buildings, properties in the conservation areas and externally supported schemes. 61. Authorise grants within policy and budget for improvements to landscape and the environment. 62. Respond to consultations on planning applications from neighbouring planning authorities and make observations on consultations to the Council as Planning Authority. 63. Prepare and issue documents as part of the Local Development Plan process following formal approval of the various stages as set out in Part 2 of the Town and Country Planning (Scotland) Act 1997, as amended. 64. Maintain statutory registers and lists. 65. To respond on behalf of the Council to Historic Buildings and Monuments Directorate regarding a listing of buildings or architectural or historic interest. 66. To respond on behalf of the Council to the Forestry Commission regarding consultations on forestry applications. 67. To respond to consultations from adjoining Councils regarding plans or planning applications in their area. 68. To determine applications under the High Hedges (Scotland) Act 2014. 69. To exercise the functions of the Council under Section 85 and Section 97 relating to street numbering in terms of Civic Government (Scotland) Act 1982 (street naming determined by Committee). 217
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46 70. To exercise the functions delegated to the Council under sections 5,8,11 and 16 of the Marine (Scotland) Act 2010, namely the preparation, amendment, and review of a regional marine plan and monitoring of implementation and periodical reporting on such regional marine plan 71. In relation to a Regional Spatial Strategy, to prepare and issue documents and to keep under review in terms of Section 4ZA-C of the Town and Country Planning (Scotland) Act 1997, (or where the Strategy relates to more than one planning authority area, to jointly do so in liaison with those other Planning Authorities); 72. To support local communities as required in the preparation or review of a Local Place Plan, in terms of section both 15 A of the Town and Country Planning (Scotland) Act 1997, and any regulations made thereunder. 73. In relation to an Open Space Strategy, to prepare and issue documents and to keep under review in terms of Section 3G of the Town and Country Planning (Scotland) Act 1997; 74. In relation to Master Plan Consent Areas, to prepare and issue documents and to keep under review in terms of Section 54A-F of the Town and Country Planning (Scotland) Act 1997; 75. In relation to a Forestry and Woodland Strategy to prepare and issue documents and to keep under review in terms of Section A159 of the Town and Country Planning (Scotland) Act 1997; Building Standards 76. Authorised to carry out all Building Standards functions of the Council in terms of the following legislation: - • The Building (Scotland) Act 2003 as amended • The Building Standards (Scotland) Regulations 2004 as amended • The Civic Government (Scotland) Act 1982 • The Licensing (Scotland) Act 2005 77. Exercise the functions of the Council in relation to granting Building Warrants ensuring that the building regulations for the construction of new buildings and for the alteration, extension, conversion or demolition of existing buildings are met. 78. Exercise the functions of the Council in relation to defective and dangerous buildings in accordance with sections 28, 29 & 30 of the Building (Scotland) Act 2003. 79. Evacuate buildings and carry out works in case of immediate danger where necessary in accordance with section 42 and section 29 of the Building (Scotland) Act 2003. 80. Exercise the functions of the Council in relation to compliance and enforcement of unauthorised works and require buildings to comply with Building Standards Regulations. 218
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47 81. To assist in the determination of applications for Houses in Multiple Occupation lodged under the Civic Government Scotland Act 1982. 82. To undertake functions relating to the Safety of Sports Grounds Act 1975 and the Fire Safety and Safety of Places of Sport Act 1987, the functions of the Council in relation to safety of covered spectator viewing facilities at or within sports ground in terms of the Fire Safety and Safety of Places of Support Act 1987. 83. Exercise the functions as Building Standards Authority in terms of issuing certificates of suitability under section 50 of the Licensing (Scotland) Act 2005. 84. Grant or refuse clearance certificate applications for building warrants under the Building (Scotland) Act 1959 and accept or reject certificates of completion under the Building (Scotland) Act 2003, subject to a right of appeal to the Sheriff Court. 85. Grant extensions to the life of building warrants. 86. Exercise the functions of the Council by maintaining and making available for public inspection at all reasonable times a Building Standards Register. 87. To respond on behalf of the Council, on matters relating to accessibility in and around buildings, to the North Ayrshire Access Panel. 88. To determine all applications for raised structures in terms of section 89 of the Civic Government (Scotland) Act 1982. 89. To manage the Safety Advisory Group and support the effective planning for significant events effecting North Ayrshire through effective liaison with partners. 90. To assist the Licensing Authority and other Services with the Short-Term Let Licensing scheme under the Civic Government (Scotland) Act 1982 (Licensing of Short-Term Lets) Order 2022 No. 32. Environmental Health and Trading Standards 91. To undertake the functions of the Council relating to Environmental Health and Trading Standards. 92. To assist in the determination of applications lodged under the following statutes in conformity with Council or Licensing Board policies. a. Animal Health & Welfare (Scotland) Act 2006 b. Civic Government (Scotland) Act 1982 c. Control of Pollution Act 1974 d. Environmental Protection Act 1990 e. Environment Act 1995 f. European Communities Act 1972 g. Health and Safety at Work etc Act 1974 h. Licensing (Scotland) Act 2005 (Section 50) i. Local Government (Scotland) Act 1973 219
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48 j. Local Government etc. (Scotland) Act 1994 k. Local Government in Scotland Act 2003 l. Tobacco & Primary Medical Sales (Scotland) Act 2010 m. Petroleum (Consolidation) Regulations 2014 n. Tobacco & Primary Medical Sales (Scotland) Act 2010 o. Explosives Regulations 2014 p. Poisons Act 1972 93. To immediately suspend licenses where necessary for the purposes of public safety. 94. To authorise officers to exercise the powers and duties of an inspector and authorised officer under the legislation listed in paragraph 51 hereof (including the powers of entry, inspection, sampling, purchasing of goods and services, opening containers, seizure, serving notices and initiating prosecutions where appropriate) and including the power to issue notices (including suspension notices, improvement notices, prohibition notices, emergency prohibition notices, abatement notices, enforcement notices, remediation notices and other such notices under the legislation detailed in the following paragraph). 95. To exercise the Trading Standards and Environmental Health functions of the Council in terms of the following legislation, including the provision of education, mediation, or enforcement: Consumer Support • Consumer Rights Act 2015 • Enterprise Act 2002 (Part 8) • The Package Travel and Linked Travel Arrangements Regulations 2018 • Timeshare, Holiday Products, Resale & Exchange Contracts Regulations 2010 • Unsolicited Goods and Services Act 1971 Consumer Credit and Estate Agency • Consumer Credit Act 1974 & 2006 • Estate Agents Act 1979 • Price Indications (Bureau de Change) (No. 2) Regulations 1992 Consumer Safety • Aerosol Dispensers Regulations 2009 • Antisocial Behaviour etc (Scotland) Act 2004 (s. 122 – 125) • Children and Young Persons (Protection from Tobacco) Act 1991 • Cigarette Lighter Refill (Safety) Regulations 1999 • Construction Products Regulations 1991 & 2013 • Consumer Protection Act 1987 • Cosmetic Products Enforcement Regulations 2013 • Crossbows Act 1987 • Custom and Excise Management Act 1979fair • Electrical Equipment (Safety) Regulations 2016 • Electromagnetic Compatibility Regulations 2016 • Energy (Conservation) Act 1981 220
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49 • Fireworks Act 2003 • Food Imitations (Safety) Regulations 1989 • Furniture and Furnishings (Fire) (Safety) Regulations 1988 • Gas Appliances (Safety) Regulations 2008 • General Product Safety Regulations 2005 • Health (Tobacco, Nicotine etc and Care) (Scotland) Act 2016 • Medical Devices Regulations 2002 • Medicines Act 1968 • Medicines Act 1968 (ss.53, 54 & 66) • Motor Vehicle (Safety Equipment for Children) Act 1991 • Motor Vehicle Tyres (Safety) Regulations 1994 • Nightwear (Safety) Regulations 1985 • N-nitrosamines and N-nitrosatable Substances in Elastomer or Rubber Teats and Dummies (Safety) Regulations 1995 • Oil Heaters (Safety) Regulations 1977 • Pedal Bicycles (Safety) Regulations 2010 • Personal Protective Equipment Regulations 2002 • Plugs & Sockets etc. (Safety) Regulations 1994 • Pressure Equipment Regulations 2016 • Psychoactive Substances Act 2016 • Radio Equipment and Telecommunications Terminal Equipment Regulations 2000 • REACH Enforcement Regulations 2008 • Recreational Craft Regulations 2004 & 2017 • Regulation 765/2008/EC on Accreditation and Market Surveillance • Regulation 1272/2008/EC on Classification, Labelling & Packaging of Substances and Mixtures • Road Traffic Act 1988 (s. 17 & 18) • Simple Pressure Vessels (Safety) Regulations 2016 • Standardised Packaging of Tobacco Products Regulations 2015 • Supply of Machinery (Safety) Regulations 2008 • The Pyrotechnic Articles (Safety) Regulations 2015 • The Tobacco Products (Traceability and Security Features) (Amendment) Regulations 2023 • Tobacco Advertising and Promotion Act 2002 • Tobacco and Primary Medical Services (Scotland) Act 2010 • Tobacco and Related Products Regulations 2016 • Tobacco Products (Manufacture, Presentation and Sale) (Safety) Regulations 2002 • Tobacco Products (Traceability and Security Features) Regulations 2019 • Toys (Safety) Regulations 2011 Unfair Trading • Alternative Dispute Resolution of Consumer Dispute Regulations (Competent Authorities & Enforcement) Regulations 2015 • Business Protection from Misleading Marketing Regulations 2008 • Companies Act 2006 (Parts 5 and 41) • Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 • Consumer Protection from Unfair Trading Regulations 2008 221
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50 • Consumer Rights (Payments and Surcharges) Regulations 2012 • Consumer Rights Act 2015 • Copyright etc and Trade Marks (Offences and Enforcement) Act 2002 • Copyright, Designs and Patents Act 1988 • Crystal Glass (Description) Regulations 1973 • Education Reform Act 1988 (S.214-216) • Electronic Commerce (EC Directive) Regulations 2002 • Energy Act 1976 • Fair Trading Act 1973 • Footwear (Indication of Composition) Regulations 1995 • Hallmarking Act 1973 • Housing (Scotland) Act 2006 (Part 3) • Intellectual Property Act 2014 • Olympic Symbol (Protection) Act 1995 • Prices Act 1974 and 1975 • Price Marking Order 2004 • Provision of Services Regulations 2009 • Registered Designs Act 1949 • Telecommunications Act 1984 (S.30) • Textile Products (Labelling and Fibre Composition) Regulations 2012 • Trade Descriptions Act 1968 • Trade Marks Act 1994 • Video Recordings Act 1984 and Video Recordings Act 2010 Agriculture • Agricultural Produce (Grading and Marking) Act 1928 • Agriculture (Miscellaneous Provisions) Act 1968 • Agriculture Act 1970 (Part IV) (Delegated to TS by Food Standards Scotland) • Animal Feed (Scotland) Regulations 2010 • EC Fertilisers (Scotland) Regulations 2006 • Feed (Hygiene and Enforcement) (Scotland) Regulations 2005 • Feed Hygiene Regulations 183/2005 • Food and Environmental Protection Act 1985 • Official Feed and Food Controls (Scotland) Regulations 2009 Animal Health • Animal By-products (Enforcement) (Scotland) Regulations 2013 • Animal Health Act 1981 • Animal Health and Welfare (Scotland) Act 2006 • Animals (Scotland) Act 1987 • Anthrax Order 1991 • Avian Influenza (H5N1 in Poultry) (Scotland) Order 2007 • Avian Influenza (H5N1 in Wild Birds) (Scotland) Order 2007 • Avian Influenza (Preventive Measures) (Scotland) Order 2007 222
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51 • Avian Influenza (Slaughter and Vaccination) (Scotland) Regulations 2006 • Bluetongue (Scotland) Amendment Order 2008 [Article 16A (2)] • Bluetongue (Scotland) Order 2008 [Article 3 (2)] • Cattle Identification (Scotland) Regulations 2007 • Disease Control (Interim Measures) (Scotland) Order 2002 • Diseases of Animals (Approved Disinfectants) (Scotland) Order 2008 • Diseases of Poultry (Scotland) Order 2003 • Diseases of Swine Regulations 2014 • Equine Animal (Identification) (Scotland) Regulations 2019 • Foot-and-Mouth Disease (Scotland) Order 2006 • Foot-and-Mouth Disease (Slaughter and Vaccination) (Scotland) Regulations 2006 • Importation of Animal Pathogens Order 1980 • Importation of Animals Order 1977 • Infectious Diseases of Horses Order 1987 • Non-Commercial Movement of Pet Animals Order 2011 • Pigs (Records, Identification and Movement) (Scotland) Order 2011 • Protection of Animals (Scotland) Act 1912 • Rabies (Control) Order 1974 • Rabies (Importation of Dogs, Cats and other Mammals) Order 1974 • Sheep and Goats (Records, Identification and Movement) (Scotland) Order 2009 • Sheep Scab (Scotland) Order 2010 • The Cat and Dog Fur (Control of Import, Export and Placing on the Market) Regulations 2008 • Trade in Animals and Related Products (Scotland) Regulations 2012 • Transmissible Spongiform Encephalopathies (Scotland) Regulations 2010 • Transport of Animals (Cleansing and Disinfection) (Scotland) Regulations 2005 • Tuberculosis (Scotland) Order 2023 • Welfare of Animals (Transport) (Scotland) Regulations 2006 • Welfare of Animals at Markets Order 1990 • Welfare of Farmed Animals (Scotland) Regulations 2010 • Welfare of Horses at Markets (and Other Places of Sale) Order 1990 • Wildlife and Countryside Act 1981 Metrology • Measuring Container Bottles (EEC Requirements) Regulations 1977 • Measuring Equipment (Capacity Measures and Testing Equipment) Regulations 1995 • Measuring Instruments (EEC Requirements) Regulations 1988 • Measuring Instruments Regulations 2016 • Non-automatic Weighing Instruments Regulations 2016 • Weights and Measures (Packaged Goods) Regulations 2006 • Weights and Measures Act 1976 and 1985 Environment • Clean Air Act 1993 (s30) including the determination of chimney heights, implementation of smoke control areas and prevention of emission of dark smoke and 223
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52 smoke nuisance • Food and Environment Protection Act 1985 (Part III) • Control of Pesticides Regulations 1986 • Pesticides Act 1988 • European Communities Act 1972 • Consumer Rights Act 2015 • Environmental Protection (Single-use Plastic Products) (Scotland) Regulations 2021 • Environmental Protection (Single-use Vapes) (Scotland) Regulations 2024 (Proposed) • Motorcycle Noise Act 1987 • Packaging (Essential Requirements) Regulations 2003 & 2015 • Passenger Car (Fuel Consumption and CO2 Emissions Information) Regulations 2001 • The Energy Information Regulations 2011 • The Single Use Carrier Bags Charge (Scotland) Regulations 2014 • Volatile Organic Compounds in Paints, Varnishes and Vehicle Refinishing Products Regulations 2012 Associated legislation made under this Act including: • Packaging (Essential Requirements) Regulations 2003 • Plant Protection Products (Scotland) Regulations 1995 • Energy Information (Washing Machines) Regulations 1996 • Energy Information (Refrigerators and Freezers) Regulations 1997 • Energy Information (Dishwashers) Regulations 1999 • Volatile Organic Compounds in Paints, Varnishes and Vehicle Refinishing Products Regulations 2005 • Energy Information Regulations 2011. • Control of Pollution Act 1974 • Noise and Statutory Nuisance Act 1993 • Radioactive Substances Act 1993 • Antisocial Behaviour (Scotland) Act 2004 Part 5 Noise • Water Services etc. (Scotland) Act 2005 in relation to odour from sewerage treatment plants • Environmental Protection Act 1990 • Environment Act 1995 • Waste (Scotland) Regulations 2012 • Clean Air Act 1993 • Air Quality Limit Values (Scotland) Regulations 2003 • The Road Traffic (Vehicle Emissions) (Fixed Penalty) (Scotland) Regulations 2003 • Food and Environment Protection Act 1985 Health and Safety • Petroleum (Consolidation) Regulations 2014 • Health and Safety at Work etc. Act 1974 and Regulations made thereunder • Dangerous Substances and Explosive Atmospheres Regulations 2002 • Explosives Act 1875 • Manufacture and Storage of Explosives Regulations 2005 224
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53 • Biocidal Products Regulations 2001 • European Communities Act 1972 • Offices Shops and Railway Premises Act 1963 • Radioactive Substances Act 1993 Associated legislation made under this Act Food Safety • Food and Environmental Protection Act 1985 • Food Safety Act 1990 • Food Hygiene (Scotland) Regulations 2006 • The Official Feed and Food Control (Scotland) Regulations 2009 • The Food Information (Scotland) Amendment Regulations 2021 • Food (Scotland) Act 2015 • The Quality Schemes (Agricultural Products and Foodstuffs) Regulations 2018 • European Communities Act 1972 Associated legislation made under this Act including: • The TSE (Scotland) Regulations 2010 • The Trade in Animal and Related Products (Scotland) Regulations 2012 • The Contaminants in Food (Scotland) Regulations 2013 • Animal By-products (Enforcement) (Scotland) Regulations 2013 Public Health • Public Health etc. (Scotland) Act 2008 • Sewerage (Scotland) Act 1968 • Prevention of Damage by Pests Act 1949 • Dog Fouling (Scotland) Act 2003 • Smoking Health and Social Care (Scotland) Act 2005 • The Prohibition of Smoking in Certain Premises (Scotland) Regulations 2006 • International Health Regulations 2005 • Public Health (Ships) (Scotland) (Amendment) Regulations 2007 • Smoking Prohibition (Children in Motor Vehicles) (Scotland) Act 2006 • Health (Tobacco, Nicotine etc. and Care) (Scotland) Act 2016 • Burial & Cremation (Scotland) Act 2016 (Section 87) Housing • Housing (Scotland) Act 1987 • Housing (Scotland) Act 2006 Licensing – Animal • Animal Boarding Establishments Act 1963 • Breeding of Dogs Act 1973/91 • Dangerous Wild Animals Act 1976 • Zoo Licensing Act 1981 225
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54 • The Animal Welfare (Licensing of Activities Involving Animals) (Scotland) Regulations • The Animal Welfare (Licensing of Activities Involving Animals) (Scotland) Regulations 2021 Licensing – Leisure • Caravan Sites and Control of Development Act 1960 • Cinemas Act 1985 • The Licensing of Relevant Permanent Sites (Scotland) Regulations 2016 Licensing – Safety • Petroleum (Consolidation) Regulations 2014 • Manufacture and Storage of Explosives Regulations 2005 • Poisons Act – 1972 Licensing Food • Deer (Scotland) Act 1996 • Game Licences Act 1860 Licensing - Civic Government (Scotland) Act 1982 • Civic Government (Scotland) Act 1982 – Parts I, II, III, V and IX • Theatres Act 1968 96. Civic Government (Scotland) Act 1982 (Licensing of Short-Term Lets) Order 2022 No. 32. Public Health Licensing • Civic Government (Scotland) Act 1982 (Licensing of Skin Piercing and Tattooing) Order 2006. • Civic Government (Scotland) Act 1982 Part II (Public Entertainment Licences– Sunbeds) • The Public Health etc. (Scotland) Act 2008 (Sunbed) Regulations 2009 Water • Water (Scotland) Act 1980 • Water Act 1989 • Water Services (Scotland) Act 2005 • Private Water Supplies (Scotland) Regulations 2006 • Private Water Supplies (Grants) (Scotland) Regulations 2006 • The Water Supplies (Water Quality) (Scotland) Regulations 2014 • The Water Intended for Human Consumption (Private Supplies) (Scotland) 226
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55 Regulations 2017 Contaminated land • Environmental Protection Act 1990 • Environment Act 1995 • Control of Pollution Act 1974 • Contaminated Land (Scotland) Regulations 2000/2005 Dog Control • Environmental Protection Act 1990 (Sections 149 – 151) • Control of Dogs (Scotland) Act 2010 • Dog Fouling (Scotland) Act 2003 • The Microchipping of Dogs (Scotland) Act 2016 Private Landlord Registration • The Private Rented Housing (Scotland) Act 2011 97. To undertake the functions of the Council for the calibration and certification services to industry and commerce. 98. To undertake the functions of the Council for securing compliance with trades description and consumer product safety issues. 99. To undertake the public health functions of the Council under the Public Health (Scotland) Act, including pest control duties of the Prevention of Damage by Pests Act 1949. 100. To undertake the functions of the Council relating to communicable diseases. 101. To advise the Executive Director (Communities and Housing) to appoint the Chief Officer and/or individual officers of Trading Standards Scotland as officers of the Council, whether in perpetuity, on a time limited basis or for the duration of a particular operation. This shall include power to appoint such officers retrospectively to the date of approval of this provision (27 June 2018). 102. Pursuant to section 56(1) of the Local Government (Scotland) Act 1973, to authorise the Executive Director of Communities and Housing to authorise the Chief Officer and/or individual officers of Trading Standards Scotland, whether in perpetuity, on a time limited basis or for the duration of a particular operation : (i) to discharge such of the functions relating to trading standards and consumer protection, including under the legislation set out in paragraph 65 and 72 hereof as may be listed by the Executive Director in such authorisation ; and (ii) to act as an authorised officer for the purposes of discharging those functions, including for the purposes of the said legislation, and in fulfilment of all functions granted to the Council in respect of trading standards and consumer protection, including under the said legislation. 227
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56 103. Duty or Powers to Enforce: • Advanced Television Services Regulations 2003 • Aerosol Dispensers Regulations 2009 • Biocidal Products and Chemicals (Appointment of Authorities and Enforcement) Regulations 2013 • Biofuel (Labelling) Regulations 2004 • Business Protection from Misleading Marketing Regulations 2008 • Chemicals (Hazard Information and Packaging for Supply) Regulations 2009 • Children and Families Act 2014 (The Standardised Packaging of Tobacco Regulations 2015) • Children and Young Persons (Protection from Tobacco) Act 1991 • Cigarette Lighter Refill (Safety) Regulations 1999 • Sections 5 and 27E to 27G of the Civic Government (Scotland) Act 1982 • Construction Products Regulations 2013 • Consumer Contracts (Information, Cancellations and Additional Charges) Regulations 2013 • Consumer Credit Act 1974 • Consumer Credit Act 2006 • Consumer Protection (Distance Selling) Regulations 2000 • Consumer Protection Act 1987 • Consumer Protection from Unfair Trading Regulations 2008 • Consumer Rights (Payment Surcharges) Regulations 2012 • Consumer Rights Act 2015 • Copyright, Designs and Patents Act 1988 • Cosmetic Products Enforcement Regulations 2013 • Crystal Glass (Descriptions) Regulations 1973 • The Dangerous Substances and Explosive Atmospheres Regulations 2002 • Detergents Regulations 2010 • Regulation (EC) No. 1272/2008 on classification, labelling and packaging of substances and mixtures, • Sections 214 and 215 of the Education Reform Act 1988 • Electrical Equipment (Safety) Regulations 1994 • Electromagnetic Compatibility Regulations 2006 • Electromagnetic Compatibility Regulations 2016 • Electronic Commerce (EC Directive) Regulations 2002 • Energy Act 1976 • Energy Information Regulations 2011 • Part 8 of the Enterprise Act 2002 • Estate Agents Act 1979 • Explosives Acts 1875 and 1923 • Explosives Regulations 2014 • Financial Services (Distance Marketing) Regulations 2004 • Financial Services Act 2012 • Financial Services Act 2012 (Consumer Credit) Order 2013 • Financial Services and Markets Act 2000 • Fireworks Act 2003 • Fireworks Regulations 2004 • Food Imitations (Safety) Regulations 1989 • Footwear (Indication of Composition) Labelling Regulations 1995 228
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57 • Furniture and Furnishings (Fire)(Safety) Regulations 1988 • Gas Appliances (Safety) Regulations 1995 • General Product Safety Regulations 2005 • Hallmarking Act 1973 • Intellectual Property Act 2014 • Medical Devices Regulations 2002 • Motor Fuel (Composition and Content) Regulations 1999 • Motor Vehicle Tyres (Safety) Regulations 1994 • Motorcycle Noise Act 1987 • Nightwear (Safety) Regulations 1985 • N-nitrosamines and N-nitrosatable Substances in Elastomer or Rubber Teats and Dummies (Safety) Regulations 1995 • Oil Heaters (Safety) Regulations 1977 • Olympic Symbol etc. (Protection) Act 1995 • Package Travel, Package Holidays and Package Tours Regulations 1992 • Packaging (Essential Requirements) Regulations 2015 • Passenger Car (Fuel Consumption and CO2 Emissions Information) Regulations 2001 • Pedal Bicycles (Safety) Regulations 2010 • Personal Protective Equipment Regulations 2002 • Petroleum (Consolidation) Regulations 2014 • Plugs & Sockets etc. (Safety) Regulations 1994 • Poisons Act 1972 • Pressure Equipment Regulations 1999 • Price Indications (Bureau de Change) (No. 2) Regulations 1992 • Price Marking Order 2004 • Prices Act 1974 • Pyrotechnic Articles (Safety) Regulations 2015 • Radio Equipment and Telecommunications Terminal Equipment Regulations 2000 • REACH Enforcement Regulations 2008 • Recreational Craft Regulations 2004 • Regulation 765/2008/EC on Accreditation and Market Surveillance • Rights of Passengers in Bus and Coach Transport (Exemption and Enforcement) Regulations 2013 • Sections 17 and 18 of the Road Traffic Act 1988 • Road Vehicles (Brake Linings Safety) Regulations 1999 • Sale of Tobacco (Registration of Moveable Structures and Fixed Penalty Notices) (Scotland) Regulations 2011 • Simple Pressure Vessels (Safety) Regulations 1991 • Simple Pressure Vessels (Safety) Regulations 2016 • Supply of Machinery (Safety) Regulations 2008 • Textile Products (Labelling and Fibre Composition) Regulations 2012 • The Electrical Equipment (Safety) Regulations 2016 • The Pressure Equipment (Safety) Regulations 2016 • The Psychoactive Substances Act 2016 • Timeshare, Holiday Products, Resale and Exchange Contracts Regulations 2010 • Toys (Safety) Regulations 2011 • Trade Descriptions Act 1968 • Trademarks Act 1994Video Recording Acts 1984 and 2010 • Volatile Organic Compounds in Paints, Varnishes and Vehicle Refinishing 229
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58 • Products Regulations 2012 104. To undertake relevant inspections for the licensing of caravan sites, riding establishments, animal boarding establishments, pet shops, zoos, keeping of wild animals, breeding of dogs and venison dealers, and relevant inspections under the Civic Government (Scotland) Act 1982. 105. To arrange for the burial or cremation of deceased persons in terms of the Burial and Cremation (Scotland) Act 2016. 106. To undertake all other functions of the Council relating to environmental health and trading standards. 107. To undertake all other functions of the Council as enforcing authority relating to health and safety of premises or services, excluding Council buildings or services. 108. To support the Council in promoting the Licensing Objectives of the Licensing (Scotland) Act 2005 as amended and supplemented by subsequent primary and secondary licensing legislation, whether through inspection of premises or otherwise. Regeneration and Active Travel 1. To promote economic development and regeneration within North Ayrshire, working with local stakeholders and national agencies or bodies who can help deliver investment priorities through funding or policy support. 2. To develop and implement significant physical interventions within town centres including for leisure, employment and other activities that may generate new activity and investment, focusing on town centres or other identified priorities such as our major Harbours. 3. To develop and implement local regeneration projects in line with the Regeneration Delivery Plan and relevant strategies including Conservation Area Regeneration Schemes, shopfront improvement schemes, public realm schemes and area based masterplans. 4. To develop proposals and authorise applications for external funding subject to budget being available for any required match-funding. 5. To authorise grants, where supported by existing budgets for community led regeneration projects, listed buildings, properties in conservation areas and externally supported schemes. 6. To authorise grants within policy and budget for improvements to the landscape and environment. 7. To develop and implement the Vacant and Derelict Land Strategy. 8. To develop proposals and authorise the expenditure of Vacant and Derelict Land Funding and Place Based Investment Programme, and their successors, secured from the Scottish Government. 230
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59 9. To implement the Council’s statutory responsibilities and powers under Part One of the Land Reform (Scotland) Act 2003. 10. To promote outdoor access, active travel and sustainable travel within North Ayrshire. 11. To develop and implement the Local Transport and Active Travel strategy including implementation of active travel and transport projects. 12. To construct paths, to produce a Core Paths Plan and other duties in terms of the Land Reform (Scotland) Act 2003. 13. Assert and protect rights of way in terms of the Countryside (Scotland) Act 1967 and access rights in terms of the Land Reform (Scotland) Act 2003. 14. Authorise Access Right Exemption Orders in terms of section 11 of the Land Reform (Scotland) Act 2003 where the period of exemption is 5 days or less in consultation with the Head of Democratic Services. 15. Authorise and apply for grants within policy and budget to improve access to funding. 16. To exercise the strategic planning of functions detailed in the following legislation, any subordinate legislation made thereunder and any subsequent or similar legislation or replacing or expanding legislation, including service of any notices required thereunder: - • Roads (Scotland) Act 1984 • Transport Scotland Act 2019 • Security for Private Road Works (Scotland) Regulations 1985 17. Authorised to respond to consultation for applications for planning development control where these relate to roads and active travel. 18. Issue and otherwise deal with road construction consents and road bonds in terms of section 21 of the Roads (Scotland) Act 1984 and the Security for Private Road Works (Scotland) Regulations 1985. 19. Authorised in terms of the Health and Safety at Work Act 1974 to carry out all duties set out in the statements of responsibilities for (health, safety and welfare in places of work) and the general statement of policy and health and safety at work issued in 1985 as amended. 231
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60 10. Director of Health and Social Care Partnership North Ayrshire Council has delegated certain functions to the North Ayrshire Integration Joint Board, which has in turn delegated the following powers to the Director of the Health and Social Care Partnership as its Chief Officer. The Director of the Health and Social Care Partnership will act as both the Chief Officer of North Ayrshire Integration Joint Board and provide a single point of overall strategic leadership for North Ayrshire Health and Social Care Partnership. In recognition of the fact that the Health and Social Care Partnership will exercise Council functions (including functions relating to mental health and procurement) not otherwise delegated to the Integration Joint Board, the Council delegates to the Director of the Health and Social Care Partnership overall responsibility for the following Local Authority services: - • Social work services for adults and older people; • Services and support for adults with physical disabilities, learning disabilities; • Mental health services; • Drug and alcohol services; • Adult protection and domestic abuse; • Carers support services; • Community care assessment teams; • Support services; • Care home and care at home services; • Adult placement services; • Health improvement services; • Aids and adaptations; • Day and Respite services; • Local area co-ordination; • Respite provision; • Occupational therapy services; • Re-ablement services, equipment and telecare. Local Additions • Criminal justice social work services • Children and families social work services • Services and support for children with disabilities • Children’s Services Planning • Family Support Services • Child Protection • Financial Inclusion Services • Support services including Finance (inc Financial Intervention & Corporate Appointee), Commissioning, Information Systems & Performance Management • The Director is also responsible for and has delegated responsibility for certain services of NHS Ayrshire and Arran, both within North Ayrshire and on a pan- Ayrshire basis. This Scheme of Delegation only details those Council functions which are delegated. See the North Ayrshire Integration Scheme and the NHS Ayrshire and Arran Scheme of Delegation for details of specific NHS delegations The Director is responsible for the leadership and co-ordination, planning and policy and the strategic and operational management of the following functions: - 232
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61 1. National Assistance Act 1948 • Section 45 (The recovery of expenditure incurred under Part III of that Act where a person has fraudulently or otherwise misrepresented or failed to disclose a material fact). • Section 48 (The protection of property of a person admitted to hospital or accommodation provided under Part III of that Act.). 2. Matrimonial proceedings (Children) Act 1958 • Section 11 (Reports as to arrangements for future care and upbringing of children). 3. The Disabled Persons (Employment) Act 1958 • Section 3 (The making of arrangements for the provision of facilities for the purposes set out in section 15(1) of the Disabled Persons (Employment) Act 1944). 4. The Social Work (Scotland) Act 1968 • Section 1 (The enforcement and execution of the provisions of the Social Work (Scotland) Act1968.) • Section 4 (The making of arrangements with voluntary organisations or other persons for assistance with the performance of certain functions.) • Section 5 (Local Authorities to perform their functions under the Act under the guidance of the Secretary of State.) • Section 6B (Local Authority inquiries into matters affecting children.) • Section 8 (The conducting of or assisting with research in connection with functions in relation to social welfare and the provision of financial assistance in connection with such research.) • Section 10 (The making of contributions by way of grant or loan to voluntary organisations whose sole or primary object is to promote social welfare and making available for use by a voluntary organisation premises, furniture, equipment, vehicles and the services of staff.) • Section 12 (The promotion of social welfare and the provision of advice and assistance) except in so far as it is exercisable in relation to the provision of housing support services. • Section 12A (The assessment of needs for community care services, the making of decisions as to the provision of such services and the provision of emergency community care services.) • Section 12AZA (The taking of steps to identify persons who are able to assist a supported person with assessments under section 12A and to involve such persons in such assessments.) • Section 13 (The assistance of persons in need with the disposal of their work.) • Section 13ZA (The taking of steps to help an incapable adult to benefit from community care services.) • Section 13A (The provision, or making arrangements for the provision, of residential accommodation with nursing.) • Section 13B (The making of arrangements for the care or aftercare of persons suffering from illness.) • Section 14 (The provision or arranging the provision of domiciliary services and laundry services.) 233
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62 • Section 27 (Supervision and care of persons put on probation or released from prisons etc.) • Section 27ZA (Grants in respect of community service facilities.) • Section 28 (The burial or cremation of deceased persons who were in the care of the Local Authority immediately before their death and the recovery of the costs of such burial or cremation) so far as it is exercisable in relation to persons cared for or assisted under another delegated function. • Section 29 (The making of payments to parents or relatives of, or persons connected with, persons in the care of the Local Authority or receiving assistance from the Local Authority, in connection with expenses incurred in visiting the person or attending the funeral of the person.) • Section 59 (The provision of residential and other establishments.) • Section 78A (Recovery of contributions.) • Section 80 (Enforcement of duty to make contributions.) • Section 81 (Provisions as to decrees for ailment.) • Section 83 (Variation of trusts.) • Section 86 (The recovery of expenditure incurred in the provisions of accommodation, services, facilities or payments for persons ordinarily resident in the area of another Local Authority from the other Local Authority.) 5. The Children Act 1975 • Section 34 (Access and maintenance.) • Section 39 (Reports by local authorities and probation officers.) • Section 40 (Notice of application to be given to Local Authority.) • Section 50 (Payments towards maintenance of children.) 6. The Local Government and Planning (Scotland) Act 1982 • Section 24(1) (The provision, or making arrangements for the provision, of gardening assistance and the recovery of charges for such assistance.) 7. Health and Social Services and Social Security Adjudications Act 1983 • Section 21 (The recovery of amounts in respect of accommodation provided under the Social Work (Scotland) Act 1968 or Section 25 of the Mental Health (Care and Treatment) (Scotland) Act 2003.) • Section 22 (The creation of a charge over land in England or Wales where a person having a beneficial interest in such land has failed to pay a sum due to be paid in respect of accommodation provided under the Social Work (Scotland) Act 1968 or Section 25 of the Mental Health (Care and Treatment) (Scotland) Act 2003.) • Section 23 (The creation of a charging order over an interest in land in Scotland where a person having such an interest has failed to pay a sum due to be paid in respect of accommodation provided under the Social Work (Scotland) Act 1968 or Section 25 of the Mental Health (Care and Treatment) (Scotland) Act 2003.) 234
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63 8. Foster Children (Scotland) Act 1984 • Section 3 (Duty of Local Authority to ensure well-being of and to visit foster children.) • Section 5 (Notification to Local Authority by persons maintaining or proposing to maintain foster children.) • Section 6 (Notification to Local Authority by persons ceasing to maintain foster children.) • Section 8 (Power of local authorities to inspect foster premises.) • Section 9 (Power of local authorities to impose requirements as to the keeping of foster children.) • Section 10 (Power of local authorities to prohibit the keeping of foster children.) 9. Disabled Persons (Services, Consultation and Representation) Act 1986 • Section 2 (The making of arrangements in relation to an authorised representative of a disabled person and the provision of information in respect of an authorised representative.) • Section 3 (The provision of an opportunity for a disabled person or an authorised representative of a disabled person to make representations as to the needs of that person on any occasion where it falls to a Local Authority to assess the needs of the disabled person for the provision of statutory services by the authority, the provision of a statement specifying the needs of the person and any services which the authority proposes to provide, and related duties.) • Section 7 (The making of arrangements for the assessments of the needs of a person who is discharged from hospital.) • Section 8 (Having regard, in deciding whether a disabled person’s needs call for the provision of services, to the ability of a person providing unpaid care to the disabled person to continue to provide such care.) 10. The Children (Scotland) Act 1995 • Section 17 (Duty of Local Authority to children looked after by them.) • Sections 19-27 (Provision of relevant services by Local Authority for or in respect of children in their area.) • Sections 29-32 (Advice and assistance for young person’s formerly looked after by local authorities; duty of Local Authority to review case of a looked after child; removal by Local Authority of a child from a residential establishment.) • Section 36 (Welfare of certain children in hospitals and nursing homes etc.) • Section 38 (Short term refuges for children at risk of harm.) • Section 76 (Exclusion orders.) 11. Criminal Procedure (Scotland) Act 1995 • Section 51 (Remand and committal of children and young persons.) • Section 203 (Where a person specified in Section 27(1)(b)(i) to (vi) of the Social Work (Scotland) Act 1968 commits an offence the court shall not to dispose of the case without first obtaining a Report from the Local Authority in whose area the person resides.) • Section 234B (Drug treatment and testing order.) • Section 245A (Restriction of liberty Orders.) 235
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64 • The Adults with Incapacity (Scotland) Act 2000 • Section 10 (The general functions of a Local Authority under the Adults with Incapacity (Scotland) Act 2000.) • Section 12 (The taking of steps in consequence of an investigation carried out under section 10(1)(c) or (d).) • Sections 37, 39-45 (The management of the affairs, including the finances, of a resident of an establishment managed by a Local Authority.) 12. The Adults with Incapacity (Scotland) Act 2000 • Section 10 (The general functions of a local authority under the Adults with Incapacity (Scotland) Act 2000.) • Section 12 (The taking of steps in consequence of an investigation carried out under section 10(1)(c) or (d).) • Sections 37, 39-45 (The management of the affairs, including the finances, of a resident of an establishment managed by a local authority.) 13. The Housing (Scotland) Act 2001 • Section 92 (assistance for housing purposes) only in so far as it relates to an aid or adaptation. 14. The Community Care and Health (Scotland) Act 2002 • Section 4 (The functions conferred by Regulation 2 of the Community Care (Additional Payments) (Scotland) Regulations 2002 in relation to the provision, or securing the provision, of relevant accommodation.) • Section 5 (The making of arrangements for the provision of residential accommodation outside Scotland.) • Section 6 (Entering into deferred payment agreements for the costs of residential accommodation.) • Section 14 (The making of payments to an NHS body in connection with the performance of the functions of that body.) 15. The Mental Health (Care and Treatment) (Scotland) Act 2003 • Section 17 (The provision of facilities to enable the carrying out of the functions of the Mental Welfare Commission.) • Section 25 (The provision of care and support services for persons who have or have had a mental disorder) except in so far as it is exercisable in relation to the provision of housing support services. • Section 26 (The provision of services designed to promote well-being and social development for persons who have or have had a mental disorder) except in so far as it is exercisable in relation to the provision of housing support services. • Section 27 (The provision of assistance with travel for persons who have or have had a mental disorder) except in so far as it is exercisable in relation to the provision of housing support services. • Section 33 (The duty to inquire into a person’s case in the circumstances specified in 33(2).) • Section 34 (The making of requests for co-operation with inquiries being made under section 33(1) of that Act.) 236
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65 • Section 228 (The provision of information in response to requests for assessment of the needs of a person under section 12A(1)(a) of the Social Work (Scotland) Act 1968.) • Section 259 (The securing of independent advocacy services for persons who have a mental disorder.) 16. Management of Offenders etc. (Scotland) Act 2005 • Sections 10-11 (Assessing and managing risks posed by certain offenders.) 17. The Housing (Scotland) Act 2006 • Section 71(1)(b) (assistance for housing purposes) only in so far as it relates to an aid or adaptation. 18. Adoption and Children (Scotland) Act 2007 • Section 1 (Duty of Local Authority to provide adoption service.) • Sections 4-6 (Local Authority to prepare and publish a plan for the provision of adoption service; Local Authority to have regard to Scottish Ministers’ Guidance and; assistance in carrying out functions under sections 1 and 4.) • Sections 9-12 (Adoption support services.) • Section 19 (Local Authority’s duties following notice under section 18.) • Section 26 (Procedure where an adoption is not proceeding.) • Section 45 (Adoption support plans.) • Section 47-49 (Family member’s right to require review of an adoption support plan; cases where Local Authority under a duty to review adoption support plan and; reassessment of needs for adoption support services.) • Section 51 (Local Authority to have a regard to guidance issued by Scottish ministers when preparing or reviewing adoption support plans.) • Section 71 (Adoption allowances schemes.) • Section 80 (Application to court by Local Authority for the making of a Permanence Order.) • Section 90 (Precedence of court orders and supervisions requirement over permanence order.) • Section 99 (Duty of Local Authority to apply for variation or revocation of a permanence order.) • Section 10 (Notification requirements upon Local Authority.) • Section 105 (Notification requirements upon Local Authority where permanence order is proposed – relates to child’s father.) 19. The Adult Support and Protection (Scotland) Act 2007 • Section 4 (The making of enquiries about a person’s wellbeing, property or financial affairs.) • Section 5 (The co-operation with other Councils, public bodies and office holders in relation to inquiries made under section 4.) • Section 6 (The duty to have regard to the importance of providing advocacy services.) • Section 7-10 (Investigations by Local Authority pursuant to duty under section 4.) • Section 11 (The making of an application for an assessment order.) • Section 14 (The making of an application for a removal order.) 237
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66 • Section 16 (Council officer entitled to enter any place in order to move an adult at risk from that place in pursuance of a removal order) • Section 18 (The taking of steps to prevent loss or damage to property of a person moved in pursuance of a removal order.) • Section 22 (The making of an application for a banning order.) • Section 40 (The making of an application to the justice of the peace instead of the sheriff in urgent cases.) • Section 42 (The establishment of an Adult Protection • Committee.) • Section 43 (The appointment of the convener and members of the Adult Protection Committee.) 20. Children’s Hearings (Scotland) Act 2011 • Section 35 (Child assessment orders.) • Section 37 (Child protection orders.) • Section 42 (Application for parental responsibilities and rights directions.) • Section 44 (Obligations of Local Authority where, by virtue of a child protection order, child is moved to a place of safety by a Local Authority.) • Section 48 (Application for variation or termination of a child protection order.) • Section 49 (Notice of an application for variation or termination of a child protection order.) • Section 60 (Duty of Local Authority to provide information to Principal Reporter.) • Section 131 (Duty of implementation authority to require review of a compulsory supervision order.) • Section 144 (Implementation of a compulsory supervision order: general duties of implementation authority.) • Section 145 (Duty of implementation authority where child required to reside in a certain lace.) • Section 153 (Secure accommodation.) • Sections 166-167 (Requirement imposed on a Local Authority: review and appeal.) • Section 180 (Sharing of information with panel members by Local Authority.) • Section 183-184 (Mutual assistance.) 21. Social Care (Self-directed Support) (Scotland) Act 2013 • Section 5 (The giving of the opportunity to choose a self-directed support option.) • Section 6 (The taking of steps to enable a person to make a choice of self-directed support option.) • Section 7 (The giving of the opportunity to choose a self-directed support option.) • Section 8 (Choice of options: children and family members.) • Section 9 (The provision of information.) • Section 10 (Provision of information: children under 16.) • Section 11 (Giving effect to the choice of self-directed support option.) • Section 12 (Review of the question of whether a person is ineligible to receive direct payments.) • Section 13 (Offering another opportunity to choose a self-directed support option.) • Section 16 (The recovery of sums where a direct payment has been made to a person and the circumstances set out in section 16(1)(b) apply.) • Section 19 (Promotion of the options for self-directed support.) 238
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67 22. Carers (Scotland) Act 2016 • Section 6 (Duty to prepare adult carer support plan) • Section 21 (Duty to set local eligibility criteria for carer support • Section 24 (Duty to provide support • Section 25 (Provision of support to carers: breaks from caring) Section 31 (Duty to prepare local carer strategy) • Section 34 (Information and advice service for carers) • Section 35 (Short breaks services statements) 23. Miscellaneous Exercise the foregoing functions of the Council in terms of the following legislation which relate to the services detailed in the first paragraph hereof: - • Local Government (Scotland) Act 1973 • Local Government (Scotland) etc. Act 1994 • Local Government in Scotland 2003 • Regulation of Care (Scotland) Act 2001 • Equality Act 2010 • Human Rights Act 1998 • United Nations Convention on the Rights of the Child (Incorporation) (Scotland) Act 2024 • Children (Scotland) Act 1995 • Mental Health (Care and Treatment) (Scotland) Act 2003 • Adults with Incapacity (Scotland) Act 2000 • Children and Young People Act 2014 • Public Bodies (Joint Working) (Scotland) Act 2014 • Children (Care and Justice) (Scotland) Act 2024 • Care Reform (Scotland) Act 2025 24. Support the Chief Social Work Officer in the discharge of his or her specific functions. 25. On a recommendation of North Ayrshire Integration Joint Board and subject to consultation with the Finance/Section 95 Officer of the Integration Joint Board to enter into contracts for the supply of goods and materials, the execution of works and the provision of services where there is adequate provision in the estimates and in accordance with the Standing Orders for Contracts (which currently provides for letting of contracts by officers where the expenditure is less than £1m.) or the contract is let in terms of a framework agreement to which the Council or Integration Joint Board is a party. 26. To lead the coordination of the Council’s response to the Prevent strand of the CONTEST counter-terrorism strategy. Chief Social Work Officer The Chief Social Work Officer will be part of the Health and Social Care Partnership Senior Management Team. The duties of Chief Social Work Officer are as set out in section 12D hereof will be undertaken by the Chief Officer so appointed. 239
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68 11. Executive Director (Place) The Executive Director (Place) has overall responsibility for the following services: - • Neighbourhood Services including Waste Services, Roads and Engineering Services, Streetscene. Parks and Open Spaces, and Burial Grounds • Sustainability, Transport and Corporate Property including Sustainability, Corporate Transport Hub and Property Management & Investment. • Shared Economic Development Service on behalf of North and East Ayrshire Councils including Business Support and Development, Growth and Investment, Economic Policy, Tourism and delivery of the Ayrshire Growth Deal and delivery of the Regional Economic Strategy. Waste Services 1. Authorised to exercise the functions of the Council in respect of the collection, recycling and disposal of Household Waste in accordance with the Environmental Protection Act 1990 and other legislation. 2. Authorised to exercise the functions of the Council in respect of the collection, recycling and disposal of Commercial Waste in accordance with the Environmental Protection Act 1990 and other legislation. 3. Specification of type of waste receptacles. 4. Set charges for services. 5. The removal and disposal of abandoned vehicles and other refuse in terms of the Refuse Disposal (Amenity) Act 1978. Streetscene 1. To provide burial services in terms of Burial Grounds (Scotland) Act and take all necessary action with regard to the supervision and management of the Council’s cemeteries and burial grounds including the sale of lairs etc. 2. Authorised to appoint officers for the enforcement of management rules for cemeteries, war memorials and public parks. 3. To manage and administer the Largs Car Park Fund in accordance with Council Policy. 4. Provision, maintenance and emptying of litter bins in terms of the Litter Act 1983 5. To remove and dispose of abandoned vehicles and recover expenses for their removal, to remove and dispose of refuse other than a motor vehicle and to enter land at any reasonable time in terms of the Refuse Disposal (Amenity) Act 1978. 240
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69 6. The regulation of the use of parks, open spaces, civic spaces and pedestrian precincts, cemeteries and other similar facilities. 7. The exercise of any functions of the Council required in terms of management rules approved by the Council under the Civic Government (Scotland) Act 1982. The exercise of enforcement powers in respect of legislation governing littering, fly tipping, fly posting, dog fouling and the parks management rules. 8. Authorised to appoint officers to issue fixed penalty notices for litter, dog fouling, fly tipping and fly posting offences via any relevant departmental officers within appropriate delegated authority. 9. Develop and implement the Open Space Asset Management Plan. 10. Authorised to let or arrange for letting, hire, maintenance and use of playing fields in accordance with policies, practices and procedures and subject to the charges fixed from time to time by the Council. 11. Roads and Engineering Services 12. To exercise the operational management of functions detailed in the following legislation, any subordinate legislation made thereunder and any subsequent or similar legislation or replacing or expanding legislation, including service of any notices required thereunder: - a. Coast Protection Act 1949, b. Roads (Scotland) Act 1984, c. Roads Traffic Regulation Act 1984, d. Disabled Persons Parking (Scotland) 2009, e. Flood Prevention (Scotland) Act 1961 f. Flood Prevention and Drainage (Scotland) Act 1997, g. Flood Risk Management (Scotland) Act 2009, h. Transport (Scotland) Act 2019 i. New Roads and Street Works Act 1991 13. Authorised, after consultation with the Chief Constable and the Chief Executive to make, revoke or vary orders and schemes under the following legislation, providing no objections are received: - a. Road Traffic Regulation Act 1984 b. Section 68, 69, 70, 71 of the Roads (Scotland) Act 1984 14. Authorised to grant wayleaves in respect of public utilities. 15. Authorised to carry out function of the Road Safety Officer in conjunction with the Chief Constable. Authorised to deal with all requests for information in connection with grant applications made under section 8 of the Railways Act 1974 (Grants to assist in the provision of facilities for freight haulage by rail). 16. Authorised to carry out the functions and duties of Harbour Authority and through the appointed Roads Manager, the functions of Harbour Manager under the Harbours Act 1964, the Millport Piers Order, and the Saltcoats Harbour Act in relation to piers, 17. Authorised to exercise functions of the Council under section 12 of the Roads (Scotland) Act 1984 in relation to the stopping up or diversion of highways, crossing or entering routes of 241
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70 proposed new highways harbours and navigable rivers. 18. Authorised after consultation with the Chief Executive to agree terms for bridge agreements with the relevant Railway body and terms of discharge of the Councils liability for annual maintenance and renewal charges in that connection. 19. Authorised after consultation with the Chief Constable to consider and, where acceptable in road safety terms, approve locations for advertisements on road safety barriers and similar structures subject to the necessary consents being obtained in respect of Planning Approval. 20. Authorised to make arrangements for the management of car parks etc including granting their use or part thereof to other persons and bodies, and the imposition or waiving of charges for such use. 21. To carry out the functions of the Council in terms of Section 4, 5, 8, 12 and 25 of the Coast Protection Act 1949. 22. Authorised in terms of the Health and Safety at Work Act 1974 and the Electricity at Work Regulations 1989 to carry out all duties set out in the statements of responsibilities for (health, safety and welfare in places of work) and the general statement of policy and health and safety at work issued in 1985 as amended. 23. Authorised to respond to consultation for applications for planning development control where these relate to roads and flooding issues. 24. Carry out the functions of the Council under the Transport (Scotland) Act 2005 and associated legislation and amendments, including enforcement and imposition of penalties as prescribed in the Act and the relevant Code of Practice 25. Develop and implement the Roads Asset Management Plan in accordance with Council policy. 26. Carry out the functions of the Council under the Transport (Scotland) Act 2019 and associated legislation and amendments, including enforcement and imposition of penalties as prescribed in the Act and the relevant Code of Practice. Property Management & Investment 1. Develop and implement the Housing Asset Management Plan. 2. Manage and implement work programmes contained within the HRA business plan to ensure that housing stock meets the Scottish Housing Quality Standard and Energy Efficiency Standards for Social Housing, wherever practicable. 3. Manage and implement planned maintenance and improvement programmes contained within the HRA Business Plan. 4. Manage and implement major capital projects contained in the HRA Business Plan. 5. Monitor and report on HRA capital budgets related to property related projects and programmes. 242
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71 6. Providing a factoring service for purchasers of Council houses and recovering appropriate charges. 7. Ensuring proper arrangements are in place in respect of statutory compliance for housing properties in relation to issues such as asbestos, gas safety, electrical testing, legionella etc. 8. Maintain and update the Council’s housing property asset management system. In respect of corporate assets: 9. Develop and implement the Council Property Asset Management Strategy and Property Asset Management Plan in accordance with Council Policy. 10. Subject to the Council’s Standing Orders relating to contracts, to arrange for the demolition and clearance of buildings declared surplus by the Council where this is considered to be in the best interests of the Council. 11. Apportion office accommodation amongst Council services and to arrange for any necessary alterations or adaptations to such accommodation. 12. Ensure proper arrangements are in place in respect of statutory compliance in relation to issues such as asbestos, gas safety, electrical testing, legionella etc. 13. Ensure proper arrangements are in place in respect of reactive management. 14. Manage and implement measured term contracts in respect of reactive, planned, and preventative maintenance, and property related statutory compliance matters. 15. Manage and implement major capital and revenue projects where capital and revenue budgets are in place. 16. Manage and implement the Council’s Design Build Finance and Maintain (DBFM) contract in respect of Largs Campus. 17. Monitor and report on capital and revenue property related budgets. 18. Maintain and update the Council’s corporate property asset management system. 19. In respect of the Council’s property portfolio including properties held or to be acquired under the Housing revenue Account and consisting of land, buildings and all heritable assets including way leaves, servitudes, licences and agricultural grazing land, to authorise all purchases and sales up to the value of THREE HUNDRED THOUSAND POUNDS (£300,000) or leases with an annual rent of ONE HUNDRED AND TWENTY THOUSAND POUNDS (£120,000), renewals of leases in accordance with the Council’s Estate Management Policy, Standing Orders Relating to Contracts, any scheme of sub-delegation prepared by the Executive Director setting out the level of employee able to authorise particular transactions, and the provisions of the Local Government (Scotland) Act 1973, regulations made thereunder and all relevant statutory provisions. 20. Agree sub-leases and assignations of leases on receipt of statutory references on completion of appropriate checks to ensure suitability of the incoming tenant. 243
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72 21. In respect of leases, sub-leases and assignations referred to above to consent to rent free periods. 22. Terminate leases at their natural expiry date and at any break point detailed in lease agreement and to agree terms for the renunciation of leases prior to their natural expiry. 23. Agree leases rentals at review periods. 24. Agree to extensions and variations to existing lease agreements, subject to the extensions or variations not extending the term of the existing lease by a period in excess of 10 years. 25. Authorised where arrears of rent have risen to instruct the Head of Democratic Services to raise appropriate action necessary in order to recover the arrears and/or to secure vacant position of the heritable property and if any other term of lease has been breached, to instruct the Head of Democratic Services to use the standard breach of contract remedies available which they consider appropriate. 26. Proceed with the repairs to land, commercial and industrial premises in the ownership of the Council subject to budget provisions. 27. Enter into wayleaves, servitudes and leases with statutory bodies and other providers of utility services and telecommunication services who require rights over land for particular purposes. 28. Negotiate and settle all claims arising from the exercise of the Council’s powers to enter upon and take land in exercise of statutory powers. 29. Determine requests for rent abatement for non-domestic properties. 30. Provide landlord’s consent on sub-leases to Council owned land and properties and to authorise contributions to capital incentive packages up to a value of £75,000 if within budget provision. 31. Authorising the development of commercial development opportunities on land and assets owned by the Council. Council’s Commercial Property Portfolio 1. In respect of the Council’s commercial property portfolio (to include designated industrial, office, commercial and retail space), to authorise all purchases and sales up to the value of THREE HUNDRED THOUSAND POUNDS (£300,000) or leases with an annual rent of ONE HUNDRED AND TWENTY THOUSAND POUNDS (£120,000), renewals of leases, rent reviews, rent free periods and assignations of sub leases in accordance with the Council’s Estates Management Policy, Standing Orders Relating to Contracts, any scheme of sub-delegation prepared by the Executive Director setting out the level of employee able to authorise particular transactions, and the provisions of the Local Government (Scotland) Act 1973 and regulations made thereunder. 2. Authorised to agree commercial property sub-leases and assignations of leases on 244
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73 receipt of statutory references on completion of appropriate checks to ensure suitability of the incoming tenant. 3. Authorised in respect of commercial property leases and sub-leases to consent to rent free periods. 4. Authorised to terminate commercial leases at their natural expiry date and at any break point detailed in lease agreement and to agree terms for the renunciation of leases prior to their natural expiry. 5. Authorised to agree commercial leases rentals at review periods. 6. Authorised to agree to extensions and variations to existing commercial lease agreements, subject to the extensions or variations not extending the term of the existing lease by a period in excess of 10 years. 7. Authorised where arrears of rent have risen to instruct the Head of Democratic Services to raise appropriate action necessary in order to recover the arrears and/or to secure vacant position of the heritable property and if any other term of lease has been breached, to instruct the Head of Democratic Services to use the standard breach of contract remedies available which she/he considers appropriate. 8. Authorised to proceed with the repairs to land, commercial and industrial premises in the ownership of the Council subject to budget provisions. 9. Authorised to determine requests for rent abatement for commercial properties and tenants. 10. Authorised to provide landlords consent on sub-leases to Council owned commercial properties and to authorise contributions to capital incentive packages up to a value of £75,000 if within budget provision. 11. Authorised to develop new commercial property proposals and enter associated development agreements. Sustainability 1. To monitor the energy performance of buildings in terms of the Energy Performance or Buildings (Scotland) Regulations 2008. 2. To undertake Council functions relating to carbon reduction and climate control in terms of the Climate Change (Scotland) Act 2009 amended by the Climate Change (Emissions Reduction Targets) (Scotland) Act 2019. 3. To manage the Council’s solar/ renewable energy production sites. . 245
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74 Transport Hub 1. To sell or dispose of surplus vehicles and plant belonging to the Council subject to the Council’s Standing Orders for Contracts and appropriate policies. 2. Develop and implement the Council's Fleet Asset Management Plan. 3. Oversee: - i. The Corporate Transport Hub including carrying out of repair to vehicles, plant, mechanical equipment as well as the operation of maintenance schedules; ii. The replacement of vehicles, plant and mechanical equipment in accordance with the Council’s Fleet Asset Management Plan in consultation with the appropriate Chief Officers and to act as the Council’s Transport Officer 4. To sign agreement forms for rental, hire or leasing of items of equipment where the rental or hire charge does not exceed £150,000pa in accordance with the Council’s Standing Orders for Contracts and appropriate policies. 5. To operate a MOT Testing Station and garage for the repair and testing of vehicles owned or licensed by the Council. 6. To provide school transport in terms of section 32 of the Local Government etc. (Scotland) Act 1994, the Education (Scotland) Act 1996, the Standards in Schools etc. (Scotland) Act 2000. 7. Act as a Transport Manager under the Councils operator’s licence obligations and responsible for making sure that: 8. Drivers have a valid licence and vehicles are taxed, have a valid MOT and are insured at all times; 9. Vehicles are properly maintained and fit and serviceable at all times; 10. Vehicles are loaded safely and not overloaded; 11. Work is arranged so that drivers do not break drivers’ hours rules or have to speed; 12. Authorised to make application for extensions to the operator’s licence to the vehicle licensing authority or any other decisions necessary to ensure the legal operation of the Council’s fleet 13. To fulfil the requirements of the Transport Act 1968 and the Goods Vehicles (Licensing of Operators) Act 1955 in relation to any Operator’s Licence including: 14. Section 8 of the Goods Vehicles (Licensing of Operators) Act 1995 to apply for and publicise notice of the application for an operator’s licence; 15. Section 17 of the Goods Vehicles (Licensing of Operators) Act 1995 to apply for variations to an operator’s licence; 16. Section 95 of the Transport Act 1968 and subordinate legislation made thereunder to ensure that requirements relating to drivers’ hours are complied with; and 17. Section 98 of the1968 Act and the subordinate legislation made thereunder to ensure that requirements relating to the keeping of written records for drivers’ hours are complied with 18. Authorised Examiner Designated Manager on behalf of the Council’s approval to act as an MOT test station, and all MOT tests must be carried out following the rules in: 246
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75 19. Section 45 of the Roads Traffic Act 1988 20. The Motor Vehicles (Tests) Regulations 21. The MOT inspection manual 22. The MOT testing guide 23. The requirements for authorisation 24. Supplementary information DVSA issues from time to time, that’s applicable at the time of test and All MOT tests must be carried out 25. To inspect and test taxis and private hire vehicles in line with the Council’s licensing standards. 26. Authorised where appropriate to enter objections on behalf of the Council to applications for goods of vehicles operator’s licences under section 93 of the Transport Act 1968. 247
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76 Economic Development 1. To lead the Shared Economic Development Service between North and East Ayrshire Councils in accordance with the agreement(s) entered into between the respective councils. 2. To lead and support the development and implementation of the Ayrshire Regional Economic Strategy. 3. To develop Community Wealth Building Strategy and activity across the 5 pillars – Fair Work, Plural Ownership of the economy, Land & Assets, Financial and Procurement locally and regionally. 4. To commission and provide economic research, strategy and evidence to support the development of Council and partnership strategies and policy. 5. To participate in research and studies. 6. To develop economic strategy for the Council and partners. 7. To develop the ambitions for Community Wealth Building (CWB) including supporting the work of the Ayrshire CWB Commission and Expert Panel. 8. To promote the economic needs of North Ayrshire to influence and inform future government policy and priorities. 9. To lead the development of economic development programmes and projects with appropriate partners which support the Council’s economic priorities. and to secure funds from government and other external funding sources, including the Local Growth Fund. 10. To authorise and apply for external funding that supports the development of a wellbeing economy, economic development, growth or regeneration of North Ayrshire. 11. To authorise grants and loans to support growth, sustainment and development of local businesses and organisations and in accordance with the objectives of the North Ayrshire Community Wealth Building Strategy, Regeneration Delivery Plan, and the Ayrshire Regional Economic Strategy. 12. To lead the business case development and project management of Ayrshire Growth Deal regional revenue projects on behalf of the three Councils including: Working for a Healthy Economy, Community Wealth Building, Ayrshire Skills Investment Fund and Fair Work Ayrshire. 248
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77 Business Support and Development 1. To authorise and provide grants within budget parameters to support business start- up, growth and sustainability. 2. To manage the Council’s business loan programme via West of Scotland Loan Fund and Business Loans Scotland. 3. To deliver the services as set out in the Scottish Government approved Business Gateway Contract for North Ayrshire. 4. To respond to inward investment enquiries that have potential to bring new jobs to North Ayrshire. 5. To promote North Ayrshire and its specific sites and locations for new business investment. Growth and Investment 1. To promote the Ayrshire Growth Deal including developing business cases for investment. 2. To provide strategic leadership to effectively maximise the opportunity of the Ayrshire Growth Deal, in particular the North Ayrshire strategic projects: Hunterston, i3, Great Harbour, Marine Tourism and Building Digital Capital. 3. To develop and implement i3’s investment strategy and plans. 4. To provide strategic leadership to explore and maximise investment to support economic growth. 5. To lead and develop effective strategic partnerships locally, regionally and nationally. 6. To develop and deliver tourism strategy and plans which takes account of North Ayrshire’s key attributes and to consult with industry and community partners to develop, agree and deliver these priorities. 7. To develop and deliver tourism projects and proposals. 8. To develop proposals and authorise applications for external funding in support of delivery of tourism strategy and plans and the development of the coastal economy. 9. To develop investment and regeneration plans for the Great Harbour, Irvine. 10. To develop investment plans to support marine tourism in key locations. 11. To develop tourism events. 12. To promote the Ayrshire Growth Deal including development of business cases for investment. 13. To identify and promote opportunities for commercial investment linked to our tourism and coastal regeneration priorities. 14. To develop digital renewal projects and programmes 249
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78 12. DUTIES OF STATUTORY OFFICERS A. HEAD OF PAID SERVICE The Head of Paid Service is a statutory appointment by virtue of Section 4 of the Local Government and Housing Act 1989. The Council has resolved that the Head of Paid Service is the Chief Executive. Although a statutory appointment, the law does not require the Head of Paid Service to hold any specific qualifications. However, the post holder is expected to have appropriate leadership, communication and interpersonal skills and qualities of integrity and impartiality in order to deliver the statutory objectives of the post. By virtue of section 2(1)(a) of the 1989 Act, the post of Head of Paid Service is designated as a politically restricted post and accordingly is included in the list of such posts required to be maintained by the Council. Delegations to the Post The overall powers of the Council’s Head of Paid Service are: a) To ensure the effective co-ordination of the discharge by the authority of its different functions. b) To assess the number and grades of employees required by the authority for the discharge of its functions. c) To ensure the effective organisation of the authority’s employees. d) To ensure that proper arrangements are in place for the appointment and proper management of the authority’s employees. e) To make a statutory report to the full Council where considered appropriate to do so in respect of the matters in (a) to (d) above. 250
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79 B. MONITORING OFFICER The Monitoring Officer is a statutory appointment by the Council by virtue of Section 5 of the Local Government and Housing Act. The Council has resolved that the Monitoring Officer is the Head of Democratic Services. North Ayrshire Integration Joint Board has also resolved that the Head of Democratic Services will have a similar role as its Standards Officer under the Ethical Standards in Public Life etc. (Scotland) Act 2000. By virtue of Section 5(7) of the 1989 Act, the duties of the Monitoring Officer must be carried out personally by them or, where they are unable to act owing to absence or illness, personally by such member of their staff nominated by them as their deputy. By virtue of Section 2(1)(e) of the 1989 Act, the post of Monitoring Officer is designated as a politically restricted post and accordingly is included in the list of such posts required to be maintained by the Council. Although a statutory appointment, the law does not require the Monitoring Officer to hold any specific qualification, and in particular, they do not require to be a solicitor or advocate. However, the recommendation of Audit Scotland is that the post holder should be in a position of sufficient seniority within the Council to enable them to carry out their statutory responsibilities effectively. This means that, irrespective of the substantive post which the Monitoring Officer holds in the Council, they will either be a member of the Council’s Executive Leadership Team, or have direct access to the Council’s Chief Executive, Executive Directors, Heads of Service and Legal Services Manager as they see fit. Delegated to the Post The overall powers of the post are: - a) To ensure that the Council complies with the requirements of the law and any statutory Codes of Practice relevant to the carrying out of the Council’s duties and the delivery of the Council’s services. b) To ensure that, where any contravention of the law, Code of Practice or corporate governance system has arisen, or is likely to, appropriate advice is given to the Chief Executive and relevant senior officers of the Council regarding the mitigation, rectification or prevention of such contraventions. c) To draw to the attention of the Provost or any Convener, any motion or amendment which may contravene any law or code of procedure in order that the Provost or Convener can determine whether the motion or amendment will be considered by Council, committee etc. d) To make a statutory report to the full Council regarding any breach or potential breach of the law or statutory code of practice by the Council where it proves impossible to rectify or prevent such breach. e) To act as the Council’s point of contact by the Public Standards Commissioner for Scotland and the Standards Commission for Scotland regarding complaints concerning alleged breaches of the Councillors’ Code of Conduct. f) To carry out such investigations as the Chief Executive may determine as relevant to the Monitoring Officer’s role. g) To obtain, at their discretion, the opinion of Counsel or external solicitors on any matter relevant to the Monitoring Officer’s role. 251
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80 h) To provide appropriate advice to Elected Members and Council officers regarding the promotion of high standards of conduct and ensure that suitable training is given regarding compliance with the Code of Conduct for Councillors. i) To carry out such other duties compatible with the role of the Monitoring Officer as the Council may delegate, or as the Chief Executive may request, such as the investigation of a complaint to the Council alleging breach of the Councillors’ Code of Conduct. Corporate Rights The Monitoring Officer has the following rights in respect of the carrying out of their statutory role: - • To have unqualified access to any information held by the Council and to any Officer of the Council who can assist in the discharge of their statutory role. • To have access to all reports to the Council, its Committees, Sub-Committee, Joint Boards, Joint Committees and Working Groups, as he or she sees fit. 252
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81 C. PROPER OFFICER for FINANCIAL ARRANGEMENTS (Chief Financial or Section 95 Officer) The Proper Officer for Finance Arrangements is a statutory appointment by virtue of Section 95 of the Local Government (Scotland) Act 1973 which requires local authorities to make arrangements for the proper administration of their financial affairs and appoint a Chief Financial Officer (CFO) to have responsibility for those arrangements. The Council has resolved that the proper officer is the Head of Service (Finance). By virtue of section 2(1)(b) and (6)(d) of the Local Government and Housing Act 1989, the post of CFO is designated as a politically restricted post and accordingly is included in the list of such posts required to be maintained by the Council. In Scotland, there is no statutory requirement for the CFO to be a member of a specified accountancy body. Delegated to the Post The overall powers of the CFO post are: a) To lead the promotion and delivery by the whole authority of good financial management so that public money is safeguarded at all times and used appropriately, economically, efficiently and effectively. b) To lead and direct a finance function that is resourced and fit for purpose. c) To manage the Council’s financial resources to ensure the delivery of strategic objectives. d) To be actively involved in, and able to bring influence to bear on, all material business decisions to ensure immediate and longer-term implications, opportunities and risks are fully considered, so that there is alignment with the authority’s overall financial strategy. e) Corporate Accounting Arrangements – ensuring adequate systems of accounting control are maintained throughout the Council and that services conform with Council policy, legislation and codes of practice. f) Financial Regulations – maintaining a continuous review and submitting any changes, other than of a minor nature, to the Council’s Cabinet for approval. g) General Service Capital Budget and General Fund Revenue Budget – preparing and monitoring in accordance with Financial Regulations. h) Housing Revenue Account and Capital Budget- preparing and monitoring in accordance with Financial Regulations. i) Administration of the Sundry Debtors System. j) Internal Audit - examination of the accounting, financial and other operations of the Council. k) Banking and Insurance Arrangements. l) Signing Operating and Finance Leases. m) Treasury Management - ensure that the Council’s annual Treasury Management Plan complies with the Treasury Management Code, The CIPFA Prudential Code for Capital Finance in Local Authorities (the Prudential Code) and the Local Government Investments (Scotland) Regulations 2010. n) Payment Processing and Supplier Invoice Administration – In accordance with the Late Payments and Commercial Debts Act 1998. 253
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82 D. CHIEF SOCIAL WORK OFFICER The Chief Social Work Officer is a statutory appointment by virtue of Section 3 of the Social Work (Scotland) Act 1968. The Chief Social Work Officer is appointed for the purposes of the Council's functions under the 1968 Act and under those other enactments listed in Section 5(1B) of that Act. In broad terms, those functions cover all social work and social care services whether provided directly by the Council, are delegated to the North Ayrshire Integration Joint Board, are delivered by North Ayrshire Health and Social Care Partnership or another Health and Social Care Partnership on a Lead basis, in partnership with other agencies, or procured by the Council and provided by others on its behalf. Those functions are referred to in this document as “social work services”. The qualifications required for the post are set out in the Qualifications of Chief Social Work Officers (Scotland) Regulations 1996 (S.I. 1996/515 (1996/49). The Chief Social Work Officer is required by section 5(1) of the 1968 Act to carry out the duties of the post under statutory guidance of the Scottish Ministers. The Scottish Ministers issued revised and finalised guidance in May 2016. http://www.gov.scot/Publications/2016/07/3269/0 To take any necessary action on behalf of the Council in terms of the Social Work (Scotland) Act 1968, the Mental Health (Scotland) Act 1984, the Children (Scotland) Act 1995, the National Health Service and Community Care Act 1990, the Adults with Incapacity (Scotland) Act 2000, the Housing (Scotland) Act 2001, the Community Care and Health (Scotland) Act 2002, the Homelessness (Scotland) Act 2003, the Mental Health (Care and Treatment) (Scotland) Act 2003, the Adoption and Children (Scotland) Act 2007 or generally any legislation concerning the Council’s functions relating to the provision of Social Care Services. The Chief Social Work Officer is a "proper officer" of the Council in relation to its social work functions. By virtue of section 2(1)(b) and (6)(c) of the Local Government and Housing Act 1989, the post is designated as a politically restricted post, and accordingly, is included in the list of such posts required to be maintained by the Council. Delegated to the Post The duties of the Chief Social Work Officer post are: - 1. To promote values and standards of professional practice, including all relevant national Standards and Guidance, and ensure adherence with the Codes of Practice issued by the Scottish Social Services Council for social service employers. 2. To work with Human Resources and responsible senior managers to ensure that all social service workers practice in line with the SSSC’s Code of Practice and that all registered social service workers meet the requirements of the regulatory body; 3. To establish a Practice Governance Group or link with relevant Clinical and Care Governance arrangements designed to support and advise managers in maintaining and developing high standards of practice and supervision in line with relevant guidance, including, for example, - the Practice Governance Framework: 254
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83 Responsibility and Accountability in Social Work Practice (SG 2011); 4. To ensure that the values and standards of professional practice are communicated on a regular basis and adhered to and that local guidance is reviewed and updated periodically. 5. To monitor and make appropriate arrangements for Mental Health Officers under the Mental Health Acts (approval as Mental Health Officers is restricted to those members of staff who have satisfactorily completed the approved training course in alignment with professional standards and statutory requirements) 6. To provide professional leadership for social workers and staff in social work services and: - a) To support and contribute to evidence-informed decision making and practice – at professional and corporate level – by providing appropriate professional advice; b) To seek to enhance professional leadership and accountability throughout the organisation to support the quality of service and delivery; c) To support the delivery of social work’s contribution to achieving local and national outcomes; d) To promote partnership working across professions and all agencies to support the delivery of integrated services; e) To promote social work values across corporate agendas and partner agencies; f) Lead a learning and development function which supports qualified staff and ensures a robust workforce plan for the social care profession with the capacity and skills to deliver on statutory duties. 7. To provide advice and contribute to decision-making in the Council and Health and Social Care Partnership in the context of: - a) Effective governance arrangements for the management of the complex balance of need, risk and civil liberties, in accordance with professional standards; b) Appropriate systems required to 1) promote continuous improvement and 2) identify and address weak and poor practice; c) The development and monitoring of implementation of appropriate care governance arrangements; d) Approaches in place for learning from critical public protection incidents, which could include through facilitation of local authority involvement in the work of Child Protection Committees, Adult Support and Protection Committees and Offender Management Committees where that will result in the necessary learning within local authorities taking place; e) Requirements that only registered social workers undertake those functions reserved in legislation or are accountable for those functions described in guidance; f) Workforce planning and quality assurance, including safe recruitment practice, probation/mentoring arrangements, managing poor performance and promoting continuous learning and development for staff; g) Continuous improvement, raising standards and evidence-informed good practice, including the development of person-centred services that are focussed on the needs of people who use services and support; h) The provision and quality of practice learning experiences for social work students 255
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84 and effective workplace assessment arrangements, in accordance with the SSSC Code of Practice for Employers of Social Service Workers; i) Assist the Integration Joint Board (IJB) to understand the CSWO role in the context of the integration of health and social care services and in understanding the complexities and cross cutting nature of social work service delivery 8. Decisions in relation to: a) In terms of the Secure Accommodation (Scotland) Regulations 2013 whether to implement a secure accommodation authorisation in relation to a child (with the consent of a head of the secure accommodation), reviewing such placements and removing a child from secure accommodation if appropriate; b) The transfer of a child subject to a Supervision Order in cases of urgent necessity c) On behalf of the local authority, acting as guardian to an adult with incapacity where the guardianship functions relate to the personal welfare of the adult and no other suitable individual has consented to be appointed; d) Decisions associated with the management of drug treatment and testing orders e) Carrying out functions as the appropriate authority in relation to a breach of supervised release order, or to appoint someone to carry out these functions and; f) Joint arrangements in co-operation with other authorities under the 2014 guidance on Multi Agency Public Protection Arrangements (MAPPA). Corporate Responsibilities The Chief Social Work Officer has the following corporate powers which require direct access to the Council's Chief Executive and Elected Members, and the provision of forthright and independent advice to them: - • To ensure compliance with the Council’s statutory duties to prepare, publish and review plans for the provision of social work services. • To promote, communicate, support and review values and standards of professional practice, and to ensure that they are adhered to. • To establish, in conjunction with the Council's Executive Leadership Team, appropriate experience and qualified cover for the post of Chief Social Work Officer during the post-holder's absence or incapacity. • To report to the Chief Executive any failure in the Council's corporate policy or governance arrangements designed to reflect the proper balance amongst need, risk and civil liberties in the provision and management of social work services. • To report to the Chief Executive any weaknesses and failures in the systems in place to promote good practice and identify and address poor practice in the provision of social work services. • To report and provide independent comment where necessary to the Chief Executive and Elected Members on the findings of significant case reviews and relevant performance reports and on any other social work- related issues. • To provide an annual report to the Council on all of the statutory, governance and leadership functions of the role of the Chief Social Work Officer. 256
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85 Document Control Summary:- Location: I:\Committee Services\Publications\03 Scheme of Delegation to Officers Last Revised: Revised By Nature of Revision May 2022 AC Created for New Administration May 2023 AC Annual Review September 2024 AC Annual Review and reflects change in directorate structure. September 25 AC Annual Review September 2026 AC Annual Review. Reflects change in directorate structure and Shared Economic Development Service 257
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NORTH AYRSHIRE COUNCIL 16 September 2026 North Ayrshire Council Title: Other Key Governance Documents Purpose: To approve other key governance documents regulating the operation of the Council, its Committees and Officers Recommendation: That the Council agrees: (i) to approve, with effect from 17th September 2026: (ii) the Guidelines on Member/Officer Relations, attached at Appendix 1; (iii) the Standing Orders for Contracts, attached at Appendix 2 and (iv) the Financial Regulations and Codes of Financial Practice, attached at Appendix 3 1. Executive Summary 1.1 This report seeks approval by Council of the other key governance documents which regulate the operation of the Council, its Committees and Officers which have been reviewed as part of the annual review of governance documents. These are as follows: • Guidelines on Member/Officer Relations; • Standing Orders for Contracts and • Financial Regulations and Codes of Financial Practice 2. Background 2.1 Audit Scotland in their report “Roles and working Relationships – Are you Getting it Right?” and follow up reports, stressed the importance of having governance arrangements that are fit for purpose and up-to-date. They note that such documents are critical in clarifying roles, responsibilities and expected behaviour and should be reviewed regularly. The documents have therefore been subject to annual review. The Guidelines for Member/Officer relations and the Standing Orders for Contracts have both been updated to include specific reference to the nine key principles of public life in Scotland. Guidelines on Member/Officer Relations Agenda Item 10.4 259
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2.2 The Guidelines on Member/Officer Relations set out the way in which Members and Officers of the Council should behave towards one another. They define the roles and responsibilities of Members and Officers and incorporate the model Protocol for Relations between Councillors and Employees, which comprises Appendix A of the Councillors Code of Conduct. The previous Guidelines were found to be fit for purpose and no significant changes have been made to them. Standing Orders Relating to Contracts 2.3 The Council’s procurement rules are set put in the Standing Orders relating to Contracts. The Main revisals which have been made to the previous Contract Standing Orders are: • Review of exemptions following a benchmarking exercise which has resulted in removal of Hub South West as an exempt organisation and inclusion of those that do apply including COSLA and public bodies and grants. • Streamlining for ease of use including removal of superfluous text. • Updating statutory and regulatory provisions. • Updating of procedures for sale and disposal of land as detailed in Appendix A of the Standing Orders for Contracts which has been informed through benchmarking and reference to the Scottish Public Finance Manual. • Correction of typographical errors, duplication and formatting. Financial Regulations and Codes of Financial Practice 2.4 The Financial Regulations and Codes of Financial Practice set out the expectations and responsibilities of Elected Members and Officers in relation to the proper administration of the Council’s finances, as well as authorising the role of Internal Audit and its rights of access across the Council. They are supported by Codes of Financial Practice (COFP) which provide more detail on the requirements of the Council in relation to specific areas such as revenue and capital finance, treasurer management, risk and insurance and asset management. 2.5 The Financial Regulations and Codes of Financial practice have been reviewed, updated to reflect current dates and found to be fit for purpose with no significant changes made. 3. Proposals 3.1 Council is invited (a) to approve with effect from 17th September 2026: (i) the Guidelines on Member/Officer Relations, attached at Appendix 1 (ii) the Standing Orders for Contracts, attached at Appendix 2 and (iii) the Financial Regulations and Codes of Financial Practice, attached at Appendix 3 (comprising the Financial Regulations 2026 and Codes of Financial Practice 2026). 260
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4. Implications/Socio-economic Duty Financial 4.1 Approval of the key governance documents is an essential component of the Council’s financial governance arrangements. Human Resources 4.2 None arising from the recommendations of this report. Legal 4.3 Approval of the key governance documents in an essential component of the Council’s legal and administrative arrangements. Equality/Socio-economic 4.4 None arising from the recommendations of this report. Climate Change and Carbon 4.5 None arising from the recommendations of this report. Key Priorities 4.6 Clear, transparent governance arrangements promote good decision making. In turn, this supports the achievement of the Council’s key priorities. Community Wealth Building 4.7 None arising from the recommendations of this report. Islands Communities Impact Assessment (ICIA) 4.8 None arising from the recommendations of this report. United Nations Rights of the Child (UNCRC) 4.9 None arising from the recommendations of this report. Consumer Duty 4.10 None arising from the recommendations of this report. 5. Consultation 5.1 Executive Directors and relevant Officers have been consulted as required. Craig Hatton 261
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Chief Executive For further information please contact Aileen Craig, Head of Democratic Services, on 01294 432 125. Background Papers None 262
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Appendix 1 3 Contents September 2026 Guidelines are a positive tool to aid relations between Members and officers. The key guiding principles are for officers and Members to: Work and communicate effectively with one another Act within the law and the Standing Orders of the Council Behave with mutual courtesy and respect Adopt a constructive approach to resolving differences and difficulties Work in the interests of North Ayrshire as a whole Undertake all Council business in accordance with the key principles of public life in Scotland: • Selflessness • Integrity • Objectivity • Accountability and Stewardship • Openness • Honesty • Leadership • Duty • Respect The Guidelines also give advice on what to do when problems occur. 1. Introduction Pg 4 2. Who is affected? Pg 4 3. The Role of Elected Members Pg 4 4. The Role of Officers Pg 5 5. Personal Conduct Pg 6 6. Access to Information and Data Protection Pg 8 7. Access to Advice Pg 11 8. The Council as Employer Pg 13 Guidelines for Member/Officer Relations (incorporating the Protocol on Member/Officer Relations from the Councillors’ Code of Conduct) Why Have Guidelines? 263
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Appendix 1 4 9. Monitoring the Performance of Officers Pg 15 10. Support to Officers Pg 17 11. Support Services to Members and Party Groups Pg 17 12. Multi-Member Wards Pg 18 13. Meetings and Correspondence Pg 19 14. Media Relations Pg 19 15. Review of the Guidelines Pg 20 264
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Appendix 1 5 1.1 These Guidelines set out the way in which Members and officers of the Council should behave towards one another. They define the roles and responsibilities of Members and officers. They cannot cover every eventuality but set a framework for dealing with issues as they arise. 1.2 The Guidelines take account of the Ethical Standards in Public Life (Scotland) Act 2000, and the Councillors’ Code of Conduct, (Standards Commission for Scotland – December 2021). Appendix A of the Councillors Code of Conduct contains a model Protocol for Relations between Councillors and Employees in Scottish Councils, breach of which contravenes the Councillors Code of Conduct. These Guidelines incorporate the provisions of the model Protocol in Appendix A. They should also be used in conjunction with other existing guidance such as the North Ayrshire Council Code of Conduct for Employees, the Acceptable Computer Use policy and the Council’s Standing Orders. 2.1 The most frequent contacts are between Members and senior officers at Chief Executive, Executive Director or Head of Service level, and these Guidelines are largely about those contacts. There are also many contacts between Members and other officers in their daily business, and the principles of these Guidelines also apply to them. The particular position of officers who provide support services for Members is dealt with separately in paragraph 11. 3.1 Within a Council, Members have a number of different roles: • Some are Chairs or Portfolio Holders for specific issues; • Many belong to political groups, with others forming Independent Groups; • Each has a local ward to represent along with other Elected Members, involving contact with local groups and providing surgeries for individual constituents; • Each may represent the Council in partnership arrangements and on outside organisations. 3.2 Collectively, Elected Members also: • Provide strategic leadership; • Determine policy aims and objectives; • Take decisions not delegated to officers and; • Review performance. In all such roles, Councillors should act in accordance with the principles of the Code of Conduct for Councillors and these Guidelines. 3. THE ROLE OF ELECTED MEMBERS 2. WHO IS AFFECTED? 1. INTRODUCTION 265
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Appendix 1 6 3.3 The Council and Committees The main functions of the Council are to: • Debate and agree policy proposals; • Debate and agree budgets; • Appoint the Members of regulatory and other committees; • Make appointments to outside bodies and; • Provide a forum for debating key issues. Details of remits for the Council and committees are included in the Standing Orders and Scheme of Administration. It should be noted that under the Local Government (Scotland) Act 1973, functions or decisions cannot be delegated to individual Councillors. Thus, an individual Councillor can never have power to make decisions which bind the Council or its officers. 4.1 The role of officers is as follows: • The Chief Executive and Executive Directors are responsible for assisting the Council in the development of its policies and the discharge of its responsibilities; • The Chief Executive and Executive Directors have responsibility for ensuring policy implementation; • The Chief Executive and Executive Directors are responsible for operational management of services; • The Chief Executive has responsibility for providing advice and management and publishing decisions; • The Executive Directors and Service Heads have managerial accountability for their service areas and act as the first point of contact for that service; • Some officers have personal statutory powers and duties, for example the officer designated as Head of Paid Service (Chief Executive), the Monitoring Officer (Head of Democratic Services), the Section 95 Officer (Head of Finance) and the Chief Social Work Officer. 4. THE ROLE OF OFFICERS 266
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Appendix 1 7 4.2 The following duties will apply to the position of Chief Executive: • The Chief Executive is the statutory Head of Paid Service and as such will be “responsible for managing and securing the professional body of staff needed to deliver modern, well-focussed service effectively” (DETR, June 2000). • The Chief Executive, as the most senior manager, is the main point of contact for Members when difficulties arise; however Members should generally raise any problem with the appropriate Executive Director or Head of Service in the first instance. • The Chief Executive, as the Head of Paid Service, will work closely with the Leader of the Council in ensuring policy implementation but will work impartially with all groups and individual Members. 4.3 The organisational role of officers has two important dimensions. Some officers have professional skills relevant to a particular organisational task. Others have primarily a managerial responsibility. Many have elements of both in their jobs. 4.4 Officers also know that they must: • Pursue lawful policies of the Council; • Implement the decisions of Council, committees and sub-committees; • Inform Members immediately of any decision that cannot be fully implemented, (senior officers should undertake this task); • Behave in a professional manner; • Treat all Councillors fairly and openly in their role as local representatives; • Serve all Members of the Council; • Deal with Member enquiries efficiently and promptly; • Strive continually to comply with the Council’s performance management processes • Maintain political neutrality at all times 4.5 Council officers have an obligation to follow Council policies and to implement the decisions of the Council and its committees even if they have professional misgivings about proposed decisions. The role of officers in that situation is to advise Elected Members and to voice concerns in giving that advice. An officer will normally have a duty not to implement a Council decision if it is manifestly illegal. In such circumstances, the officer should seek the advice of the Monitoring Officer and the Chief Executive. 4.6 Officers’ delegated powers are outlined in the Council’s Scheme of Delegation which forms part of Standing Orders. 5.1 Courtesy – in line with the Councillors’ Code of Conduct reference to “mutual trust and respect” – it is important that Members and officers should behave 5. PERSONAL CONDUCT 267
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Appendix 1 8 courteously to one another. None should take unfair advantage of their position. 5.2 Disagreements – should be acknowledged and worked out in private rather than in public view. 5.3 Close personal friendships – personal friendships between individual Councillors and officers can also damage good relations and prove embarrassing to other Councillors and officers. Councillors and employees should, therefore, be cautious in developing close personal friendships while they have an official relationship. 5.4 Constructive criticism – Members have the right to make reasonable and constructive criticism of the work of officers. Members should remember that officers cannot respond to personal criticisms of themselves or other officers in the same way that politicians can and should make their comments accordingly. In accordance with the Code of Conduct for Councillors, Councillors should not raise matters relating to the conduct or capability of employees in public. Employees must accord to Councillors the respect and courtesy due to them in their various roles. 5.5 Lines of accountability – Members must be aware of the lines of accountability within Directorates. They must not apply pressure to an officer to act against the instructions of management. 5.6 Decisions delegated to officers – Members should not put pressure on an officer on matters which have been delegated for officer decision. Officers should be left to make decisions that are: • Objective and can be accounted for; • Fair and consistent in their applications; • Accord with policy. See paragraph 4.6 5.7 Undue influence – Members should not bring undue influence to bear on an officer to take any action which is contrary to law or against the Council’s approved procedures. This could include action which is: • A breach of Human Resource procedures; • In conflict with Standing Orders/financial regulations; • In conflict with planning procedures and policies; • In conflict with Codes of Conduct. 5.8 Declaring relationships with constituents – Members must declare any relevant close personal relationships with constituents when dealing with council officers. Although Members are elected to represent the interests of their constituents, they should not seek special treatment for any individual. 268
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Appendix 1 9 6.1 Members are free to request council Directorates provide them with information, explanation and advice about that Directorate’s functions, which they may reasonably need in order to help them carry out their roles as Members of the Council. Councillors should normally approach the Executive Director or a Head of Service. This can be for general information about aspects of the Directorate’s activities or specific information on behalf of a constituent. 6.2 Members have certain statutory and common law rights to request and inspect Council documents. The common law rights are wider and more significant than those given by the Access to Information provisions of the Local Government (Scotland) Act 1973. For instance, papers which contain “exempt information” relating to the categories specified in the Access to Information legislation may fall within the rights of inspection given to Councillors by common law. 6.3 Members have a statutory right to inspect any Council document which contains material relating to any business which is to be transacted at a Council, Committee or sub-committee meeting. This extends not only to reports which are to be submitted to the meeting but also to any relevant background papers. In relation to reports which are exempt under the Local Government (Scotland) Act 1973, Council practice has generally been to disclose these where possible, on request. It should however be appreciated that there are certain documents which cannot be disclosed particularly those which contain sensitive personal information relating to employees, occupiers of Council property, applicants for grants and other services, the care of children, social work and criminal justice cases. In other cases, such as an opinion of Counsel or documents relating to contract negotiations, disclosure may only be made if the Councillor signs an undertaking promising not to further disclose the document. Members also have a right to get copies of documents under the Freedom of Information (Scotland) Act. Again, there are some exemptions. 6.4 The common law right is based on the principle that any Member has a right to inspect Council documents if access is reasonably necessary to enable the Member to perform his/her duties as a Member of the Council – commonly referred to as the “need to know” principle. 6.5 The exercise of this common law right depends upon the Member’s ability to demonstrate that he/she has the necessary “need to know”. This question will initially be determined by the Executive Director who holds the document in question. In the event of a dispute, the question should be referred to the Chief Executive (taking advice if necessary from the Monitoring Officer). 6.6 A “need to know”, and therefore a right to inspect, will not exist in relation to: 6. ACCESS TO INFORMATION AND DATA PROTECTION 269
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Appendix 1 10 • A document which forms part of the internal workings of another party group; • The working draft of an officer’s report before it has been authorised for circulation to Council or other committee; • Personal information covered by the provisions of the Data Protection Act. 6.7 In some areas there are specific statutory codes which deal with the treatment of confidential information. This is especially true of Education and Social Work records. At all times, both Members and officers must recognise the need to operate within the overall legislative framework surrounding information. 6.8 There is no automatic right to confidentiality of any communication. Members and officers need to be aware that the Council is subject to the rigours of the Freedom of Information (Scotland) Act and Environmental Information (Scotland) Regulations and Re-use of Public Sector Information Regulations which require the Council to provide, subject to exceptions, recorded information held by it. 6.9 Members and officers should be aware of the provisions of the Data Protection Act 2018 which incorporates the provisions of the General Data Protection Regulation. Anyone who holds personal information may require to be registered with the Information Commissioner’s Office (ICO). Personal information obtained through the Council, such as committee reports or information provided by Officers is covered by the Council’s registration and requires to be handled in accordance with the Council’s procedures for processing such information. Information obtained through a political party of which you are a member is likely to be covered by that Party’s registration. Similarly, it requires to be handled in accordance with the Party’s procedures for processing such information. When holding personal information Members must abide by the following rules:- o Members must have some legitimate basis for holding and using the information, usually because your constituent has provided their personal information to enable you to investigate their concern. As long as the information is used for this purpose, the constituent’s consent is the basis on which you can share this information with others to investigate their concern. In other words, if a constituent or other member of the public asks you to resolve an issue you are allowed to contact officers to attempt to resolve the issue on behalf of your constituent. o Only use the information for the purposes for which it was given. o You should ensure that any personal information which you hold is stored securely, whether in electronic or paper format. o You should not keep the information any longer than you need to. 270
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Appendix 1 11 o Personal information held by the local authority should not be used for political purposes unless both the local authority and the individuals’ concerned agree. o Where sharing information with another ward councillor, the constituent must be made aware that this is going to take place and why it is necessary. Where they object to this information sharing cannot happen. o Members requesting sensitive personal information on behalf of constituents from the Health and Social Care Partnership or other Directorates will only receive such information if they have a signed consent form from the constituent asking the Councillor to obtain such information. o If you receive a Subject Access Request seeking information held by you, you will need to respond within the legislative timescales of 30 days. This is likely to relate to constituent enquiries, rather than information you obtained from the Council. The Information Commissioner’s Office (ICO) has issued additional guidance on handling personal data as an elected representative which can be viewed at:- Guidance for the use of personal data by elected representatives in carrying out constituency casework | ICO More advice on data protection - which supplements the above guidance specific to your role as an elected representative – can be found here:- UK GDPR guidance and resources | ICO Since 1 April 2019, elected representatives are exempt from paying a data protection fee. The Council’s Data Protection Officer can provide further support and advice and can be contacted at dataprotectionofficer@north-ayrshire.gov.uk. 6.10 Members should not put pressure on officers to provide them with documents to which they have no statutory or common law right or to withhold from other Councillors documents to which they have a statutory common law right of access. The advice of the Monitoring Officer and the Chief Executive should be sought promptly if there is doubt about whether access should be given. 6.11 If a Member is refused information by a Council employee, they should be clearly advised as to why they are being refused. If a Member is not satisfied by the refusal he should initially raise the issue with the appropriate Executive Director. If a Member is not satisfied with the Executive Director’s refusal of information the member can appeal this refusal to the Council’s Chief Executive who may refer this to the Monitoring Officer to be dealt with as a Freedom of Information Review. 271
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Appendix 1 12 If the Chief Executive/Monitoring Officer refuses the request on the basis that it results in the disclosure of personal information under the Data Protection Act, or on the basis that disclosure would be illegal, the Member can appeal this refusal to the Scottish Information Commissioner who deals with Freedom of Information Appeals. 6.12 Both Members and officers have access to information which has not yet been made public and is still confidential. It is a betrayal of trust to breach such confidences. Confidential information must never be disclosed or used for personal advantage or to the disadvantage or the discredit of the Council or anyone else. This is a breach of the Councillors’ Code of Conduct. 6.13 In light of the above procedures, Members will not normally be expected to request information under the Freedom of Information arrangements. 7.1 Officers provide professional and managerial advice to Councillors in a number of settings. • To the Council, committees, sub-committees and working groups in written reports; • To the political leadership; • To the party groups; • To individual Councillors with specific roles (Committee Chairs, Portfolio Holders); • To individual Councillors as local members. 7.2 Officers within a Directorate are accountable to their Executive Director and Heads of Service and should take this into account when giving advice to Elected Members. 7.3 In the spirit of informed and co-operative working the Chair of a committee will often be consulted on the preparation of reports. However, the ultimate decision on whether and when to submit a report to Council or committee is one for officers. While employees will wish to listen to the views of Chairs or Portfolio Holders, the Executive Director will always have final responsibility for the contents of any report submitted in his/her name. The decision on whether to submit a motion to Council is one for an Elected Member, subject to the provision in Standing Orders which allows the Provost to rule on whether an illegal motion can be admitted. An Elected Member has the right to submit a motion to the Council which disagrees with the advice and recommendation of an officer. 7.4 Committee Chairs and Portfolio Holder 7. ACCESS TO ADVICE 272
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Appendix 1 13 7.4.1 Portfolio Holders are recognised as the legitimate spokespersons on their Directorate’s area of responsibility. Where authority is delegated to employees, they may wish to consult the relevant Portfolio Holder about the action they propose to take but the responsibility for the final decision remains with the employee who is accountable for it. Portfolio Holders and Chairs should bear this in mind when discussing proposed action with employees. 7.4.2 Chairs and Portfolio Holders will have many dealings with employees. These employees should always seek to assist a Chair or Portfolio Holder but it must be remembered that they are ultimately responsible to their Executive Director 7.5 Party or Independent Groups and Officers 7.5.1 The Council operates through a system of groups of councillors, based on political affiliation and Independent Members. All employees must, in their dealings with Groups and Members, treat them in a fair and even- handed manner. Employees must at all times maintain political neutrality. 7.5.2 Officers may properly be called upon to support and contribute to deliberations by Groups on matters of Council business under consideration. This support can be provided in many forms, ranging from a briefing meeting with a Portfolio Holder to a presentation to a full party group meeting. Whilst in practice such support is likely to be in most demand from the Group or Groups in control of the Council, support is available to all Groups. The advice given by employees to different Groups and individual Members should be consistent. 7.5.3 If attendance at a Group meeting is required, the office bearers of the Group should contact the Chief Executive and outline the type of advice they are seeking. The Chief Executive will decide whether attendance at the meeting is appropriate, and which officer(s) should attend. 7.5.4 Officer support in these circumstances must not extend beyond providing information and advice in relation to matters of Council business. Officers must not be involved in advising on matters of party or political business and are not expected to be present at meetings or parts of meetings when matters of party business are to be discussed. 7.5.5 Officers must respect the confidentiality of any Group discussions at which they are present. It is acknowledged however that factual information upon which any advice is based will, if requested, be available to all Groups. 7.5.6 Special care needs to be exercised if officers are involved in providing information and advice to a Group meeting which includes persons who are not Members of the Council. Such persons are not bound by the Councillors’ Code of Conduct (in particular, the provisions concerning the declaration of interests and 273
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Appendix 1 14 confidentiality). For this and other reasons, officers may not be able to provide the same level of information and advice as they would to a meeting where those in attendance are bound by the provisions of the Code. Normally 274
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Appendix 1 13 an officer attending a Group meeting must request that non-Councillors be absent for the period of their attendance. 7.5.7 Officers must respect the confidentiality of any discussions at which they are present with Members. If officers receive information which, although confidential, they have a duty to disclose elsewhere, they must indicate that this is the case. 7.5.8 Conclusions reached at party group meeting are not Council decisions, and it is essential that they are not interpreted or acted upon as such. 7.5.9 Providing information and advice to a Group cannot act as a substitute for providing all necessary information and advice to Council or the relevant committee or sub-committee. 7.5.10 Elected Members should recognise that information and advice given by employees should be used to enhance discussion and debate at Council and committee meetings. If such information is used for political advantage, for example media briefings beforehand, then the process could become devalued and place employees in a difficult position in giving information and advice. 7.5.11 The Chair of a political group meeting attended by employees has a responsibility for ensuring that those attending are clear on the status of the meeting and the basis on which employees are attending. 7.5.12 Officers must never allow their own personal or political opinions to interfere with their professional advice. Officers should not take part and Members should not ask officers to take part in any activity which could be seen as influencing support for a party. Members should raise with the Chief Executive any concerns about the political neutrality of an officer. 7.5.13 Senior Officers, and other officers providing advice and support services to Elected Members, are subject to legal rules limiting their political activities outside work. 7.5.14 Should any difficulty or uncertainty arise in the area of employees’ advice to party groups, this should be raised with the Chief Executive, who will discuss the matter with the group leader. 8.1 Officers are employed by the Council and both they and the Council are governed by contracts of employment and the Council’s personnel policies and procedures. The Council has a duty of care towards all of its employees and these Guidelines reflect this. 8.2 In making employment decisions, the key principles for Elected Members to follow are: 8. THE COUNCIL AS EMPLOYER 275
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Appendix 1 14 • Members involved in appointments of employees must act fairly and openly and judge candidates solely on merit; • Members should not gain financially or personally, nor should their families or friends; • Members have a duty to declare any private interest, and to protect the public interest; • Members should have no involvement in employment or recruitment decisions in which they have a personal interest; • In making public appointments or recommending people for rewards or benefits, Members must make choices on merit, using objective criteria; • Members should be open about, and are accountable for, the decisions they make in the role of employer. However, some employment matters should be dealt with in confidence; • Employment issues are usually dealt with by following written procedures, often agreed with the unions. Members should not do anything to undermine the following of proper procedures. 8.3 Members are collectively responsible when acting as employer and are bound by the complete framework of national and European employment law. However, it must be noted that an individual who commits an act of discrimination on the basis of race, gender or disability can be personally liable. The Council is an equal opportunity employer and Members should be guided by this principle in all their relationships with staff. 8.4 In addition, under the Code of Conduct: • Members must not solicit a job with the Council for any person (but, in appropriate cases, may give them a written testimonial); • Members must not try to influence the recruitment process; • Members should know that canvassing support for a candidate for a job with the Council disqualifies the candidate from that job. 8.5 Members must not become involved in issues relating to individual employees’ pay or terms and conditions of employment, except while serving on a committee delegated to deal with such matters. A Staffing and Recruitment Committee has been established for Chief Executive and Chief Officer appointments. An Appeals Committee has been established to hear appeals lodged by individual members of staff against certain decisions, such as dismissal. All other disciplinary, capability or grievance processes are decisions for officers. 8.6 Members must not get involved in the operational management or delivery of Council services; this is an officer role. Members are responsible for policy and strategy and officers are responsible for operational management of services. As a general rule, if a power is delegated to officers under the Council’s Scheme of Delegation it is operational. 276
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Appendix 1 15 The Standards Commission for Scotland have published an ‘Advice Note for Councillors on Distinguishing between their Strategic Role and any Operational Work’ which provides further information and can be viewed at:- http://www.standardscommissionscotland.org.uk/education-and- resources/professional-briefings Nor must Members become involved in the management of Council employees or engage in activities which might undermine the management lines of responsibility or adherence to Council personnel procedures. 8.7 Members will frequently come into contact with representatives of the Joint Consultative Forum (JCF). The remit of the forum is: • To provide a forum and procedure for Members and Trade Unions to meet on a regular and constructive basis to exchange information and resolve issues of mutual concern; and • To promote and develop good relations between the Council and their Trade Unions 8.8 This forum does not have a remit to become involved in matters affecting an individual employee’s terms, conditions and pay and Members must observe this remit in their contacts with Trade Union Officials. 8.9 Members must, at all times, adopt a professional approach in their dealings with the Trades Unions and in particular must: • Avoid giving unauthorised commitments; • Take a balanced view of information provided by the Trades Unions along with that of officers; • Not allow undue influence to be placed upon themselves. 8.10 Likewise, officers must not raise directly with Members any personal matter to do with their jobs or relating to any potential appointment. 8.11 There are restrictions on former Elected Members’ employment within the Council. A 12 month restriction for former Councillors being employed in politically restricted posts and for former Councillors who have been directly involved in the appointments process for Council Officers holding politically restricted posts, but the restriction is three months for all other posts. 9.1 Members should set the parameters for Council work and then let officers undertake the work, whilst guaranteeing that strong monitoring and performance management systems are in place. Members should not be involved in the operational management of Council services; this is an officer role, as detailed in 8.6. 9. MONITORING THE PERFORMANCE OF OFFICERS 277
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Appendix 1 16 9.2 Members have a right to criticise reports or the actions taken by officers, but they should always: • Avoid personal attacks on officers; • Ensure that criticism is constructive and well founded; • Avoid undermining respect for officers at committee meetings, in any public forum or through the media; • Use the agreed grievance procedures (when resolution cannot be achieved through normal lines of communication). 9.3 The Chief Executive, as the statutory appointed Head of Paid Service, is the first point of contact for Members regarding organisational and staffing matters. Executive Directors and Heads of Service are the first point of contact in their respective service areas. 9.4 Complaints about officers or Council services should be made to the Executive Director or to the Chief Executive as appropriate. Members have a duty to raise any issues that they have reason to think might involve fraud or corruption of any sort. These issues must, however, be raised through the proper channels. 9.5 As detailed in paragraph 5.1 and in line with the Councillors’ Code of Conduct reference to “mutual trust and respect”, it is important that Members and officers should behave courteously to one another. While Councillors enjoy a right of free speech in terms of Article 10 of the European Convention of Human Rights (ECHR) it should be noted:- • The right to freedom of expression is not absolute. Restrictions may be imposed to ensure that the conduct of public life at the local government level, including public debate, does not fall below a minimum level so as to endanger public confidence in democracy. • This includes protecting officers from offensive and abusive verbal attacks. It is in the public interest that officers are not subjected to unwarranted comments that prevent them from performing their duties in conditions free from disturbance. • Public servants are subject to wider levels of acceptable criticism than other members of the public when matters of public concern are being discussed. However, the limits are not as wide as they are for elected politicians. The recent Advice Note issued by the Standards Commission for Scotland on ‘The Application of Article 10 of the ECHR and the Councillors’ Code of Conduct’ provides useful information on this. 9.6 The Monitoring Officer has power to report any proposal, decision or omission by the Council or its officers which causes or is likely to cause: • A contravention of the law or any code of practice; 278
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Appendix 1 17 • A maladministration or injustice which could be investigated by the Scottish Public Services Ombudsman. 10.1 Just as Section 9 of this protocol provides Members with a mechanism for criticising the actions or decisions of officers, officers too must have some protection where they feel that Members’ expectations are unreasonably demanding or in conflict with managerial instruction or Council policy or procedure. 10.2 Complaints or concerns should be raised with the appropriate Directorate’s Executive Director, or with the Chief Executive. Officers have the right to make a complaint about a breach of the Councillors’ Code of Conduct to the Standards Commission. While individual Councillors have the right to defend any such complaint, pressure must not be put on any officer by Council, its committees or councillors to withdraw or amend the complaint. 11.1 The Council can only lawfully provide support services to Members to assist them in discharging their role as Members of the Council – secretarial and typing support, policy support, stationery, printing, photocopying, transport and such like. Support services must be used only for Council business. They must never be used in connection with party political or campaigning activity or for private purposes. Members should never ask staff to provide improper support. 11.2 The protocols governing the duties of Members’ support services staff are as follows: • They are Council employees and subject to Council contracts of employment, Standing Orders, and staff instructions. As such they cannot be required to breach Council procedure, the terms of their contract of employment or the legal restrictions on them; • They are responsible to officers for the conduct of their duties. Any issues about conflicting priorities, conduct or performance must be referred to their line managers; • They cannot represent or stand in for Members; • The existence of Members’ services support staff should not detract from normal Member/officer relationships. 11. SUPPORT SERVICES TO MEMBERS AND PARTY GROUPS 10. SUPPORT TO OFFICERS 279
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Appendix 1 18 12.1 Members have a duty to be accessible to all the people of the multi-member ward they have been elected to and to serve their interests conscientiously. However, Members also have a duty to act in the interests of the Council area as a whole and all the communities served by it, not just those of their own ward or town. 12.2 The introduction of multi-Member wards has implications for the co-ordination of constituents’ enquiries. Individual constituents have the right to choose to approach any of the Elected Members representing their ward. 12.3 When constituents seek contact with local Elected Members, information should be provided in a consistent manner, leaving the constituent to choose which Elected Member they wish to contact. Elected Members’ names and contact details should be provided in alphabetical order, by surname, along with their political affiliation. 12.4 Where a constituent has not identified a particular Councillor to deal with their concerns, officers should contact the constituent to clarify which Member they would like to deal with their enquiry. 12.5 If a constituent does not wish to specify a Member, the last resort should be to copy the query to all the ward Members, with the express permission of the constituent. 12.6 Members within a particular ward may agree among themselves on ways of allocating responsibilities, however the individual constituent has the right to approach the Elected Member of their choice. 12.7 The relationship between the Elected Member and constituents is of a confidential nature, therefore the consent of the constituent is required before any information about them, or the nature of their query is passed between Elected Members. 12.8 An Elected Member may suggest to a constituent passing on their query to another Elected Member. Such a referral should only be made with the express approval of the constituent who may request that the enquiry be dealt with by the Member of their choice. 12.9 There is the possibility that constituents could raise their concerns with more than one Elected Member, without the Elected Members knowing this. This could lead to the situation where one officer is dealing with an enquiry without knowing that another officer is also dealing with the same enquiry. To avoid this potential duplication, Members should ensure that constituent complaints are recorded in the EMPro system. 12. MULTI-MEMBER WARDS 280
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Appendix 1 19 13.1 Both Members and officers should take proper account of the time demands each is under when arranging meetings, particularly at short notice. 13.2 Officers should respond to requests for meetings with Members with priority but where these are requested at short notice, Members should accept that officers may have pre-arranged commitments. 13.3 There is no requirement for officials to invite other ward Members to, or notify them about, meetings organised by an individual Councillor with that official. 13.4 When Councillors initiate a meeting, officers should always ensure that the Councillors are given the opportunity to have other ward members attend. 13.5 Whenever a public meeting or consultative exercise on an issue local to one or more wards, is arranged by the Council, all ward Members should generally be invited to attend that meeting. 13.6 Officers should not divulge their discussions with individual Councillors to other Councillors, particularly Councillors of another political party, without the consent of the individual Councillor concerned. Correspondence between an individual Member and an officer should not be copied by an officer to any other Member. Where it is necessary to copy the correspondence to another Member, this should be made clear to the original Member at the time, or the consent of the original Member obtained. Officers are however entitled to divulge such discussions and correspondence to other officers, particularly Chief Officers where required. These other officers will also be bound not to disclose the discussions or correspondence to other Councillors, without the consent of the original Councillor. 13.7 When officers write to or meet with residents regarding matters of general concern in an area, all ward councillors should be sent copies or informed. 14.1 The Chief Executive in consultation with the Council Leader where appropriate, and the Corporate Communications Manager, will issue press releases and similar information on behalf of the Council, deal with media enquiries and implement the Council’s Communications Strategy. Officers are responsible for the decision whether to issue a press release on behalf of the Council, its timing and content. However, if a Member is to be quoted in a press release that Member must first have agreed the terms of any such quote. 14.2 Individual Executive Directors when issuing press releases and dealing with media enquiries in relation to their own service will do so in consultation with the Corporate Communications Manager. 14. MEDIA RELATIONS 13. MEETINGS AND CORRESPONDENCE 281
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Appendix 1 20 14.3 Where a response is required to circumstances which are corporate or “council wide”, the Chief Executive, in consultation with the Council’s Corporate Communications Manager, will express the views of the authority within the corporate policies agreed by the Council. 15.1 These Guidelines will be kept under review and may be amended by the Council from time to time. They will be kept up to date to take into account any future relevant legislation. Any amendments will be communicated to employees and Members. 15. REVIEW OF THE GUIDELINES 282
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Appendix 2 Standing Orders Relating to Contracts and Contract Procedure Rules for North Ayrshire Council September 2026 283
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Appendix 2 2 Contents Standing Orders Relating to Contracts and Contract Procedure Rules for North Ayrshire Council ................................................................................................................................................... 1 1. Introduction ...................................................................................................................... 4 2. Definitions ........................................................................................................................ 5 3. Extent and Application ..................................................................................................... 7 4. Health and Social Care Services ...................................................................................... 8 5. Exempted Contracts......................................................................................................... 8 6. Disaggregation ................................................................................................................. 9 7. Authority to Invite Tenders ............................................................................................... 9 8. Trading Activities ............................................................................................................ 10 9. Collaborative Procurements ........................................................................................... 10 10. Delegation of Procurement Activity ............................................................................. 11 11. Conflicts of Interest ..................................................................................................... 11 12. Purchase of Supplies, Service or Works ..................................................................... 11 13. Framework Agreements and Dynamic Purchasing Systems ....................................... 12 14. Supported Businesses & Reserved Contracts ............................................................ 13 15. Procedures prior to Commencing Procurement Exercise ............................................ 13 16. Advertising of Contracts.............................................................................................. 14 17. Tender Documents ..................................................................................................... 14 18. Technical Specification ............................................................................................... 14 19. Standards ................................................................................................................... 15 20. Intellectual Property Rights ......................................................................................... 15 21. Prevention of Collusion and Corrupt Illegal Practices ................................................. 15 22. Equality ...................................................................................................................... 15 23. Public access to information ....................................................................................... 16 24. Sustainability .............................................................................................................. 16 25. Community Benefits ................................................................................................... 17 26. Assignation/Novation .................................................................................................. 18 27. Health & Safety .......................................................................................................... 18 28. Insurance ................................................................................................................... 18 29. Performance Bonds and Parent Company Guarantees .............................................. 19 30. Tendering Procedures ................................................................................................ 19 31. Electronic Tendering ................................................................................................... 26 32. Submission of Tenders ............................................................................................... 26 33. Late Tenders .............................................................................................................. 27 284
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Appendix 2 3 34. Opening of Tenders .................................................................................................... 27 35. Checking of Tenders .................................................................................................. 27 36. Evaluation of Tenders ................................................................................................. 27 37. Abnormally Low Bids .................................................................................................. 28 38. Post Tender Clarifications ........................................................................................... 29 39. Post Tender Negotiations ........................................................................................... 29 40. Acceptance of Tender ................................................................................................ 29 41. Form of Contract ........................................................................................................ 30 42. Nomination of Sub-Contractors................................................................................... 30 43. Contract Register........................................................................................................ 31 44. Modifications to Contract ............................................................................................ 31 45. Termination of Contracts ............................................................................................ 32 46. Post Contract Monitoring and Evaluation .................................................................... 32 47. Interest of Members .................................................................................................... 32 48. Interest of Officers ...................................................................................................... 32 49. Disposal of Surplus or Scrap Materials/Equipment ..................................................... 33 50. Disposal of Interest in Land and Building .................................................................... 33 51. Variation and Revocation ............................................................................................ 33 52. Thresholds and VAT ................................................................................................... 33 53. Commencement ......................................................................................................... 33 Annex A – Disposal of Property/Land .................................................................................... 34 1. Introduction................................................................................................................. 34 2. Invitation to Submit Offers .......................................................................................... 34 3. Offer Return and Notification Record .......................................................................... 35 4. Procedure for Considering Offers ............................................................................... 35 5. Acceptance of Offers .................................................................................................. 35 Annex B – Health & Social Care Services ............................................................................. 37 1. Introduction................................................................................................................. 37 2. Governing Bodies (Care Inspectorate) ........................................................................ 37 3. Procedures for Procuring Contracts for Health and Social Care Services ................... 37 Document Control Summary: ................................................................................................ 39 285
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Appendix 2 4 1. Introduction 1.1 The Standing Orders Relating to Contracts (the Standing Orders) set out how the Council will invite Tenders and let contracts for Supplies, Services and Works. The purpose of the Standing Orders which are made under Section 81 of the Local Government (Scotland) Act 1973, is to ensure that the Council: • maximises social, environmental and economic value • achieves its strategic aims • purchases high quality Supplies, Services and Works • safeguards its reputation from any implication of fraud or corruption through a system of transparency, integrity, and accountability • safeguards its employees and • meets its legal compliance obligations 1.2 The Standing Orders also apply to the sale/lease of property and the disposal of surplus or scrap materials/equipment. 1.3 Every contract authorised by Council Officers or other person engaged by the Council to which the power of entering into contracts has been delegated, shall comply with the Standing Orders and • The Revenue or Capital Budgets as approved by the Council • The Financial Regulations of the Council • The Scheme of Delegation to Officers • The Procurement Reform (Scotland) Act 2014 • The Public Contract (Scotland) Regulations 2015 • The Procurement (Scotland) Regulations 2016 • North Ayrshire Council’s Procurement Strategy • North Ayrshire Council’s Procurement Manual • Local Democracy, Economic Development and Construction Act 2009 Commencement no. 2 (Scotland) Order 2011 for Construction contracts, other than those expressly excluded under the Construction Contracts Exclusion Order 1998. • The key principles of public life in Scotland: o Selflessness: Acting solely in the public interest. o Integrity: Avoiding inappropriate obligations or personal gain. o Objectivity: Making choices on merit and evidence. o Accountability & Stewardship: Being answerable to the public and properly managing public resources. o Openness: Taking decisions transparently. o Honesty: Being truthful. 286
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Appendix 2 5 o Leadership: Promoting and supporting these standards by example. o Duty: Upholding the law and acting according to the trust placed in you. o Respect: Treating everyone with dignity and respect. 1.4 Due consideration should also be given to all Guidance and Policy Notes issued by the Scottish Government, Scottish Procurement Directorate in respect of procurement matters. 2. Definitions 2.1 In these Standing Orders the following words and phrases shall have the meaning hereinafter assigned to them, that is to say: 2.1.1 “Best Value” means the legal duty to secure continuous improvement in the performance of the Council’s functions as set out in section 1 of the Local Government in Scotland Act 2003 2.1.2 “Cabinet”, means the Cabinet of North Ayrshire Council 2.1.3 “Chief Officer”, means the Chief Executive, Executive Director, or Head of Service of the Council 2.1.4 “Community Benefit” means, benefits requested from Suppliers within Procurement Exercises, which become contractual requirements. Community Benefits include employment, education and community support and support for SMEs and TSOs. 2.1.5 “Community Benefits Officer” means the Council Officer who manages and monitors the Community Benefit process 2.1.6 “Corporate Procurement Unit” means the centralised procurement team of officers that progress Procurement Exercises for service teams for all procurements over the value of £10,000 for Supplies, Services and Works 2.1.7 “Direct Award” means a call-off from an established approved Framework Agreement. 2.1.8 “Designated Officer”, means any Officer authorised in writing by any Chief Officer for the purposes of these Standing Orders 2.1.9 “Dynamic Purchasing System” means a procedure available for contracts for Supplies, Services and Works, it has similar aspect to a Framework Agreement, but new Suppliers can join at any time. 2.1.10 “Find a Tender (FTS)” means the portal for higher-value, public contract opportunities (tenders) within the UK. The portal is used by both public buyers and Suppliers. For public buyers, the use of the portal complies with the Public Contracts (Scotland) Regulations 2015 2.1.11 “Framework Agreement” means an agreement between one or more contracting authorities and one or more economic operators, to establish the terms governing public contracts to be awarded during a given period 287
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Appendix 2 6 2.1.12 “GPA” means the Agreement on Government Procurement which is a plurilateral agreement under the auspices of the World Trade Organization (WTO) which regulates the procurement of Supplies, Services and Works by the public authorities of the parties to the agreement. Tenders over the GPA threshold will be published in the Find a Tender Service 2.1.13 “Light Touch Regime” means specific set of procedural rules for Social and other Specific Services as more particularly set out in Regulations 74-76 of the 2015 Regulations 2.1.14 “Mandatory Contract Standstill Period”, means a period of not less than 10 calendar days following communication by electronic means of the award decision to all tenderers as provided for in The Public Contracts (Scotland) Regulations 2015 2.1.15 “Memorandum of Understanding” means a document describing the broad outlines of an agreement that two or more parties have reached 2.1.16 “Mini Competition” means a call-off form an established approved framework, where all Suppliers from the framework for the relevant lot are invited to bid 2.1.17 “PCS”, means Public Contracts Scotland which is the national tender advertising portal 2.1.18 “PCS-T” means Public Contract Scotland Tender which is the e-Tendering system used to progress Procurement Exercises 2.1.19 “Post Tender Negotiations”, means any communication between a Chief or Designated Officer and a tenderer subsequent to the return date for the tender and the acceptance of any such tender 2.1.20 “Procurement Exercise”, is a general term used to describe any appropriate procurement procedural route followed to obtain Supplies, Services or Works. This can include a Direct Award, Quick Quote, Mini-Competition, award without competition, Regulated Procurement, Non-Regulated Procurement or GPA tender 2.1.21 “Procurement Officer” means the Council Officer who progresses allocated Procurement Exercises in compliance with legislative requirements and these standing orders 2.1.22 “Quick Quote” is a facility available on the PCS-T website to electronically request and receive quotations. The Corporate Procurement Unit use the Quick Quote facility where the estimated value is between £10,000 and £50,000 (Supplies and Services) and between £10,000 and £500,000 (Works). 2.1.23 “Regulated Procurement” means a procedure to award a regulated contract being a public contract, which is equal to or greater than £50,000 (other than works or health or social care contracts) or £2 million for works contracts or as set out in the Procurement of Care and Support Services 2016 (Best Practice) Guidance for applicable social care contracts and “Regulated Procurement Thresholds” shall be construed accordingly “2015 Regulations” means the Public Contracts (Scotland) Regulations 2015 or successor legislation (as amended from time to time) 2.1.24 “RPA” means a Request for Procurement Action which is a document setting out as a minimum: 288
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Appendix 2 7 • the Council’s requirement for the Supplies, Services or, Works and why we need it • Selection and Award Criteria (low value RPA only) • approval to proceed to procurement following a make or buy decision • confirmation that a financial viability assessment has been carried out and there is sufficient budget to meet the whole life costs associated with the requirement 2.1.25 “Services”, means any service as defined by the Public Contracts (Scotland) Regulations 2015 and any subsequent amendments thereof 2.1.26 “Service Team Representative” means the Council Officer from the relevant service team (Roads, Facilities Management, Property Maintenance and Investment etc.) that is requesting a Procurement Exercise to be progressed 2.1.27 “SPD”, means the Single Procurement Document (pre-qualification questionnaire) 2.1.28 “Supplier” means a contractor, service provider or supplier that provides Supplies, Services or Works 2.1.29 “Supplies”, means any supplies as defined by the Public Contracts (Scotland) Regulations 2015 and any subsequent amendment thereof 2.1.30 “Tender” means any Procurement Exercise published on PCS with a value greater than £50,000 (Supplies and Services) and £500,000 (Works) or a bid submitted for a tender advertised on PCS 2.1.31 “the 1973 Act”, means the Local Government (Scotland) Act 1973 2.1.32 “the 2003 Act”, means the Local Government in Scotland Act 2003 2.1.33 “the 2015 Regulations”, means the Public Contracts (Scotland) Regulations 2015 2.1.34 “the 2016 Regulations”. Means the Procurement (Scotland) Regulations 2016 2.1.35 “the Reform Act”, means the Procurement Reform (Scotland) Act 2014 2.1.36 “the Scheme of Delegation”, means the Scheme of Delegation to Officers approved by the Council on 25 September 2019 or any subsequent amendment. 2.1.37 “the SDS 2013 Act”, means the Procurement and Social Care Self Directed Support (Scotland) Act 2013 2.1.38 “Trading Activities”, refers to when the Council bids for or is awarded contracts to deliver Supplies, Services or Works to other public sector bodies or private sector organisations 2.1.39 “Works” means any works defined in the Public Contracts (Scotland) Regulations 2015 and any subsequent amendment thereof 3. Extent and Application 3.1 These Standing Orders are made under Section 81 of the Local Government (Scotland) Act 1973 as amended and, subject to the provisions of Standing Order 5 289
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Appendix 2 8 (Exempted Contracts), shall apply to all contracts made by or on behalf of the Council for the provision of Supplies or Services and the execution of Works. 3.2 The Standing Orders shall be applied having regard always to the key principles of: • Transparency • Equal Treatment • Non-discrimination • Proportionality 3.3 The Standing Orders are subject to the over-riding provisions of the United Kingdom or Scottish legislation. They are also subject to any UK Government or Scottish Government guidance on public procurement that may be issued from time to time. 3.4 All Council employees engaged in procurement on behalf of the Council must comply with the duty to secure Best Value in accordance with the 2003 Act. 3.5 All Council employees shall comply with the terms of the Standing Orders and any failure to do so may result in disciplinary action. 3.6 Any Council employee who is contract managing a third party or agent that is procuring on behalf of the Council must ensure that the third party complies with the terms of the Standing Orders and any failure to do so may result in disciplinary action. 3.7 Other than alterations of a minor or technical nature or such as are required to be enacted immediately to ensure compliance with statutory obligations that do not have a policy impact (“minor changes”), the Standing Orders may only be varied or revoked by the Council and any motion to vary or revoke these Standing Orders shall conform to the requirements of Standing Order No. 22 of the Standing Orders Relating to Meetings and Proceedings of the Council. Any minor changes must be approved by the Cabinet and reported to the next meeting of the Council. 3.8 It is the responsibility of each Chief Officer to ensure officers within their directorates who are involved in procurement comply with the Standing Orders. 3.9 Any query regarding the application or interpretation of these Standing Orders must be referred in the first instance to the Head of Democratic Services. 4. Health and Social Care Services 4.1 These Standing Orders shall apply to contracts for all Health and Social Care Services subject to the special procedures set out in Annex B. 4.2 All Health and Social Care procurement will be undertaken by the Corporate Procurement Unit with the agreement of the Senior Manager (Corporate Procurement). 5. Exempted Contracts 5.1 These Standing Orders shall not apply to: 5.1.1 Any contract of employment; this exemption does not extend to any arrangements for the employment of staff on an agency basis. 290
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Appendix 2 9 5.1.2 Any contract for Supplies, Services or Works, which in the opinion of any Chief Officer or Designated Officer, are urgently required for the prevention of damage to life or property. This includes urgent purchases to react to unprecedented external factors out with the control of the Council. A Single Tender Action Request (STAR) form is required to be authorised by the Senior Manager (Corporate Procurement) prior to any contractual commitment being made to a supplier. For urgent procurements the STAR request should be submitted retrospectively within 6 weeks of contract award. 5.1.3 Any contracts entered into by Hub South West Scotland (Hub) on behalf of the Council. The Hub is a public–private partnership that enables design and construction of community facilities within southwest Scotland, the Council is one of seventeen participants of the Hub. 5.1.4 Any contact for the purchase of a specific piece of land or a building where there is a unique owner and therefore not open to a competitive procurement process. 5.1.5 the allocation of direct payments or personal budgets under options 1, 2 or 4 of the Social Care (Self Directed Support) (Scotland) Act 2013 5.1.6 those contracts excluded by the Act, the 2015 or 2016 Regulations for example arbitration or conciliation services 5.1.7 appointed guardians or legal services designated by a court of tribunal, any persons appointed under The Curators ad Litem and Reporting Officers (Panels) Scotland Regulations 2001 and the appointment of board members required by statute 5.1.8 commercial arrangements between North Ayrshire Council and other public bodies such as COSLA, Scotland Excel, CIPFA etc. 5.1.9 The award by the North Ayrshire Council of a Grant. 5.2 Any contract exempted from these Standing Orders shall still: • Comply with the duty to achieve Best Value • Comply with all legal procurement requirements 6. Disaggregation 6.1 Contracts must not be disaggregated, packaged, or split into separate smaller contracts or requirements to avoid the application of any provision of the Standing Orders or any other legislative provisions. The aggregate value of any single requirement for Works, Services or Supplies across the whole Council must be considered in determining whether it exceeds the threshold for application of the GPA, or the thresholds stated within the Standing Orders. 6.2 Where specialist consultancy services are required, whether through an existing Framework Agreement or as a new tendering process, at the initial stage, costs must be obtained for all potential stages of the project to ensure that the award decision is based on total potential costs rather than the initial stage only. 7. Authority to Invite Tenders 7.1 Tenders for the provisions of Services, Supplies and Works may be invited by a Chief Officer or Designated Officer where: 291
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Appendix 2 10 • authority for the project to which the Tender relates has been granted, either through delegated powers, the Capital Plan or Revenue Estimates or specific Committee authority • they are satisfied, after proper project appraisal, that the cost of the contract can be met within the approved budget for the project. 8. Trading Activities 8.1 Notwithstanding anything to the contrary under these Standing Orders, it is recognised that the Council when carrying out its function in terms of Trading Activities recognised by the Council from time to time, will be entering into contractual relationships related to those Trading Activities (such as appointing sub-contractors, ordering materials or other Supplies, etc.) and the following procedures shall apply: • The Chief Officer or Designated Officer may invite, accept and/or negotiate offers from proposed Suppliers for Supplies, Services or Works. In exercising powers under this paragraph, they must, unless satisfied that an exemption is justified, secure competition for contracts and regulate the manner in which Tenders are invited by securing compliance as far as considered practicable with the terms of these Standing Orders • In undertaking Trading Activities on behalf of the Council all employees are subject to the duty to secure Best Value in accordance with the 2003 Act 9. Collaborative Procurements 9.1 Where the relevant Chief Officer or Designated Officer considers it to be in the best interests of the Council and in accordance with Best Value to do so, he/she may seek to enter into a collaboration with one or more other public authorities in respect of the procurement of a requirement for Supplies, Services or Works, subject to the following provisions. 9.2 Every collaborative Procurement Exercise shall require to be approved in advance by the Senior Manager (Corporate Procurement) and the procurement process shall be undertaken in conjunction with the Corporate Procurement Unit. 9.3 A business case shall be prepared in respect of every Collaborative Procurement Exercise to establish the justification for this and shall be approved in advance by the Senior Manager (Corporate Procurement.) 9.4 Where it is proposed that the Council shall act as “Lead Authority” in a Collaborative Procurement Exercise with one or more public authorities, the terms of these Standing Orders shall apply to the procurement process and the written agreement of the other parties to the Collaboration, in the form of a Memorandum of Understanding, shall be obtained to this effect. 9.5 Where another authority acts as “Lead Authority” in a Collaborative Procurement Exercise for a contract on behalf of two or more public bodies, including the Council, the procurement and award process shall be conducted in accordance with the Standing Orders of the “Lead Authority”. In every such case however, the appropriate Chief Officer or Designated Officer must first be satisfied that the procurement and award of 292
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Appendix 2 11 any such contract ensures that the principles of Best Value are adhered to, and the best interests of the Council are served at all times in Collaboration. 9.6 Prior to commencing any Collaborative Procurement Exercise, the appropriate Chief Officer or Designated Officer shall agree the parameters for this with the appropriate officers in the public authorities and shall record this in writing. Appropriate monitoring arrangement shall be put in place by the appropriate Chief Officer or Designated Officer to ensure the agreed terms for the Collaboration are adhered to by all parties. 10. Delegation of Procurement Activity 10.1 Each Chief Officer may nominate, in writing, such other properly qualified officers as they consider appropriate to undertake any of the duties as set out in these Standing Orders who will then have delegated authority to act in lieu of them in respect of the prescribed duties. 10.2 No officer may award a contract greater than £10,000 without written delegated purchasing authority from the relevant Chief Officer and only after consultation with the Corporate Procurement Unit to ensure that a robust procurement process has been undertaken. 10.3 A note of all written nominations made in terms of Standing Order 10.2 shall be provided to the Senior Manager (Corporate Procurement) for retention. 11. Conflicts of Interest 11.1 No officer who has a potential conflict of interest or a direct or indirect pecuniary interest in any Procurement Exercise is permitted to be involved in the specification development, contract strategy development, evaluation, award of the contract or contract management process. 11.2 If any officer has a conflict of interest in any aspect of the procurement process, they must declare this interest as soon as it arises. The interest must be declared to the line manager and the Senior Manager (Corporate Procurement) using the conflict of interest declaration form available on Connects. 11.3 Examples of Conflicts of Interest include members of the evaluation panel or The Corporate Procurement Unit processing the Procurement Exercise, having a financial interest or having a relationship (spouse, partner, family member, close friend etc.) with someone in the bidder’s organisation. Failure to declare a conflict of interest in advance of any involvement in a Procurement Exercise may result in disciplinary action. 12. Purchase of Supplies, Service or Works 12.1 Prior to purchasing any Supplies, Services or Works, Officers are required to check the contract register and consult with the Corporate Procurement Unit to establish whether any existing contract, Dynamic Purchasing System or Framework Agreement accessible to the Council might fulfil their requirement. 12.2 If a contract exists for the specific Supplies, Services and Works required, officers should check with the Corporate Procurement Unit, that they are able to utilise the contract. If agreed, officers then must then use the existing contract. If not agreed, an alternative contract will be procured. To utilise an existing contract, a purchase order 293
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Appendix 2 12 should be raised in advance of making any commitment to Suppliers. The purchase order should refer to the contract reference number being used to ensure that the Council received the agreed contractual terms and conditions. 12.3 If no contract exists and the value is below £10K then Standing Order 5.2 must be followed. 12.4 The use of retrospective orders is not good practice and should only be used when an extreme emergency arises. 12.5 The Council have implemented a “No PO – No Pay” this means that any invoice received from a Supplier without a valid purchase order will be returned to the Supplier. Officers are therefore responsible for ensuring that Suppliers are given a valid purchase order to quote on their invoices to ensure that Suppliers are paid on time. 13. Framework Agreements and Dynamic Purchasing Systems 13.1 The powers set out in this Standing Order 13 shall be exercised by Chief Officers or Designated Officer through the Corporate procurement Unit. 13.2 Where there is likely to be a repeated requirement for particular Supplies Services or Works, a Chief Officer or Designated Officer may seek to establish or participate in a Framework Agreement or Dynamic Purchasing System in line with Standing Orders 13.3 or 13.4, after establishing this is the Best Value route after completing a contract strategy with the Procurement Officer. 13.3 The Chief Officer or Designated Officer may elect to establish a Framework Agreement or Dynamic Purchasing System to provide for agreement on the terms for future call-off contracts (whether through Direct Award, in the case of a Framework Agreement only, or by the acceptance of a Tender following an Invitation to Tender/Mini- Competition) where permitted in accordance with the terms of that Framework Agreement or Dynamic Purchasing System. 13.4 The Chief Officer or Designated Officer may elect to participate in an existing Framework Agreement or Dynamic Purchasing System that has been properly constituted by Scotland Excel, the Scottish Procurement and Property Directorate, another local authority, the Government Commercial Agency or any other public sector procurement agencies and may enter into call-off Contracts (whether through Direct Award, in the case of a Framework Agreement only, or by the acceptance of a Tender following an Invitation to Tender/Mini Competition) where permitted in accordance with the terms of that Framework Agreement or Dynamic Purchasing System. 13.5 Where, in order to participate in an existing Framework Agreement or Dynamic Purchasing System of the type described in Standing Order 13.4, the Council is required to enter into a participation agreement or other similar agreement regulating the use of the Framework Agreement or Dynamic Purchasing System by the Council, the Senior Manager (Corporate procurement) shall have the authority to enter into that agreement on behalf of the Council. 13.6 Any Mini-Competition run by the Council shall be conducted by means of electronic tendering for the purposes of Standing Order 18 and shall run in accordance with the 294
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Appendix 2 13 procedures set out therein, unless contrary to any provisions set out in the relevant Framework Agreement or DPS (in which case, the terms of the Framework Agreement or DPS will have precedence). 13.7 Direct Awards from approved frameworks, using the framework according to its rules and using the appropriate framework paperwork up to 50K can be progressed by service teams without assistance from the Corporate Procurement Unit. For any Direct Awards above this value a RPA should be submitted to the Corporate Procurement Unit. Any Direct Award over the value of £50K must be approved by the Senior Manager (Corporate Procurement). 14. Supported Businesses & Reserved Contracts 14.1 The Council may restrict participation in a Regulated Procurement irrespective of its duties under Section 8 of the Act except where this is expressly prohibited by relevant legislation. 14.2 The Council may reserve the right to participate in a tendering procedure to providers operating a Supported Business. Where the Council exercises this right the contract award procedures provided by the Regulations and Act shall be followed. 14.3 Where the Council decides to restrict participation in a procurement to Supported Businesses it must state that fact in the contract notice. 15. Procedures prior to Commencing Procurement Exercise 15.1 No Tender, Quick Quote or framework call-off shall be invited, or any contract negotiations commenced, unless: • The estimated expenditure thereon is within the budgetary provision previously approved by the Council and in compliance with the Council’s Financial Regulations. The Officer shall be responsible for ensuring that sufficient funds are available prior to the commencement of any Procurement Exercise. • A RPA has been completed and authorised by the requesting service team’s budget holder and authorised by Financial Management prior to being submitted to the Corporate Procurement Unit. Where RPAs relate to multiple budget lines/budget holders and it would be onerous to get the form signed by all, the Head of Service (Financial Services) will sign on their behalf after confirming with the relevant Finance Manager the overall budget is available. • The RPA document will be amended from time to time; the latest document is available on Connects. • A contract strategy has been prepared by the Procurement Officer in consultation with the Service Team Representative for procurements over £50k for Supplies and Services and over £500k for Works (unless agreed up to £2million by the Senior Manager (Corporate Procurement). • In cases of Collaborative Procurement Exercises, the terms of Standing Order 9 have been complied with. 295
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Appendix 2 14 16. Advertising of Contracts 16.1 In terms of the Reform Act and 2015 Regulations, the Council has a duty to ensure that contracts are procured in accordance with the principles of non-discrimination on grounds of nationality, equal treatment and transparency. 16.2 Contract opportunities that are subject to the requirements of the Reform Act or the 2015 Regulations must comply with the provisions relating to advertising of contracts set out in that legislation. 16.3 All appropriate contract opportunities shall be advertised using Public Contracts Scotland. 17. Tender Documents 17.1 The Tender documents shall clearly set out the proposed method of evaluation as well as the scope, timing, quality and quantity of the Works, Services and Supplies required by the Council. 17.2 Standard terms & conditions for Supplies and Services, and approved industry model form contracts for Works, shall be used in all contracts to which these Standing Orders apply, where the Council is the lead procurer. If the use of any other terms and conditions is proposed these must be approved by Legal Services. 18. Technical Specification 18.1 Formal specifications shall be developed, in compliance with Regulation 43 of the 2015 Regulations for Regulated Procurements above the GPA Threshold and Regulations 11 and 12 of the 2016 Regulations for Regulated Procurements below the GPA Threshold, by the relevant Service Team Representative with support from the Procurement Officer for all tendered or quoted requirements for Supplies, Services or Works, which will fully define what the Supplier is to provide. 18.2 Specifications shall not be accepted as final until the Procurement Officer and/or Service Team Representative, where appropriate, are satisfied as to their affordability. 18.3 The Service Team Representative must ensure that technical specifications for Regulated Procurements give equal access to all interested parties and do not create unjustified obstacles to the opening up of public procurement to competition or encouraging innovation. The Service Team Representative shall specify requirements for award criterion in generic, technical or performance terms. Technical specifications must not refer to materials or goods of a specific make or source or to a particular process or trademark, patent, type, origin or means of production which has the effect of favouring or eliminating particular suppliers. 18.4 The requirement may only be dispensed with in exceptional circumstances, where the subject of the contract cannot otherwise be described by reference to technical specifications which are sufficiently precise and intelligible to all suppliers. However, where this exception applies, any such references in the technical specification must be accompanied by the words “or equivalent”. Where a technical specification does make such a reference, a written justification shall be provided as part of the contract notice or 296
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Appendix 2 15 invitation to participate or quote, including an explanation as to why it was not possible to describe the product by reference to technical or performance characteristics. 18.5 The Service Team Representative may include references in specifications to mandatory technical rules which go beyond the relevant legislative standards, provided these are non-discriminatory and without prejudice to any relevant national or international standards or specifications. 19. Standards 19.1 Where an appropriate and recognised international or European Standard or British Standards Specification or British Standard Code of Practice is current at the date of the Invitation to Tender, every contract shall require that, all goods and materials used or supplied and all workmanship shall at least meet the requirements of that Standard, unless otherwise approved by the appropriate Chief Officer or Designated Officer. In the absence of any such recognised standards, the Tender document shall require an appropriate equivalent standard be used. 20. Intellectual Property Rights 20.1 The Chief Officer or Designated Officer shall, in so far as practicable, ensure that in contracts for procuring reports, guidance, specifications, instructions, toolkits, plans, data, drawings, databases, patents, patterns, models and designs developed by the Supplier, on behalf of the Council, shall vest in the Council absolutely. 21. Prevention of Collusion and Corrupt Illegal Practices 21.1 Every contract shall contain a clause entitling the Council to cancel the contract and to recover from the Supplier the amount of any loss resulting from such cancellation if the Supplier or his representative (whether with or without the knowledge of the Supplier) shall have practised collusion in tendering for the contract or any other contract with the Council or shall have employed any corrupt or illegal practices either in the obtaining or execution of the contract or any other contract with the Council, or have been convicted of an offence under Section 1 of the Bribery Act 2010. 21.2 North Ayrshire Council supports the Scottish Governments policy on ensuring that public contracts are awarded to legitimate businesses and has signed up to an Information Sharing Protocol with Police Scotland to share information about organisations who bid for public contracts. 22. Equality 22.1 Every contract shall contain an Equality clause to provide assurance that, the Supplier has complied with all statutory requirements in respect of ensuring equal opportunity in employment; and that it is not unlawfully discriminating within the meaning and scope of the provisions of the Equality Act 2010 (or any statutory modification or re-enactment thereof) including but not limited to discrimination on grounds of gender, marital or civil partnership status, race, disability, gender reassignment, religion or belief, sexual orientation, age, pregnancy or maternity leave. 297
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Appendix 2 16 23. Public access to information 23.1 The Freedom of Information (Scotland) Act 2002 came into force on 1st January 2005. The Act gives a statutory right of access to all information held by Scottish Public Authorities, except where an exemption can be applied. All terms and conditions and invitations to Tender/bid, give notice of this. 23.2 On occasions, parties with whom the Council contracts will seek to incorporate stipulations that all or some information is provided in confidence. No such provision should be accepted without the prior approval of the Head of Democratic Services. 23.3 In all cases other than those specifically approved by the Head of Democratic Services all contract conditions should include the following provision: • All information submitted to the Council may need to be disclosed and/or published by the Council in compliance with the Freedom of Information (Scotland) Act 2002 and/or the Environmental Information (Scotland) Regulations 2004, (the decisions of the Council in the interpretation thereof shall be final and conclusive in any dispute, difference or question arising in respect of disclosure under its terms), any other law, or, as a consequence of judicial order, or order by any court or tribunal with the authority to order disclosure. 23.4 Further, the Council may also disclose all information submitted by the tenderer to the Scottish or United Kingdom Parliament or any other department, office or agency of Her Majesty’s Government in Scotland or the United Kingdom, and their servants or agents. When disclosing such information to either the Scottish or the United Kingdom Parliament it is recognised and agreed by both parties that the Council shall disclose such information but are unable to impose any restrictions upon the information that they provide to Members of the Scottish Parliament, or Members of the United Kingdom Parliament; such disclosure shall not be treated as a breach of this agreement. 23.5 Accordingly, if tenderers consider that any of the information included in their Tender is commercially confidential, please identify it and explain (in broad terms) what harm might result from disclosure and/or publication. It should be remembered though, that, even where tenderers have indicated that information is commercially sensitive, the Council may disclose this information. Receipt by the Council of any material marked “confidential” or equivalent should not be taken to mean that the Council accept any duty of confidence by virtue of that marking. 23.6 The Council will publish, on the Public Contracts Scotland website, the names and contact details of successful tenderers for contracts over £50,000 for Supplies and Services and £500,000 for Works. 24. Sustainability 24.1 Sustainable procurement incorporates environmental, economic, and social considerations. The Council is legally bound by the Sustainable Procurement duty in the Reform Act to consider sustainability and procure responsibly and in a way that delivers community well-being, minimises use of resources and prevents environmental degradation. Where relevant to the subject matter of the contract, consideration should be given to: 298
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Appendix 2 17 • Limiting energy and water consumption during delivery of the requirement • The use of non-toxic substances and renewable materials • Disposal, reuse and recycling options at the end of life • Incorporation of recycled or part recycled goods and energy efficient products • Encouraging local recruitment and training of staff employed in the delivery of the contract through Community Benefit clauses • Encouraging fair work practices including fair pay • Involving Small and Medium Enterprises (SME’s), Third Sector Bodies and Supported Businesses • Promoting innovation – Innovation in design and delivery of public Services, procurement of innovative Goods and Services and use of innovative procurement processes • Promoting prompt payment throughout the supply chain • Ensuring every contract shall not provide Supplies or Services o which may endanger the health of any person o cause significant damage to the environment during manufacture, o where use or disposal, consumes a disproportionate amount of energy during manufacture, o where use or disposal, causes unnecessary waste, or contains materials derived from threatened species or environments. 25. Community Benefits 25.1 A Community Benefit clause must be considered as a contractual requirement for any procurement of which the estimated value is equal to or greater than £50,000 for Supplies and Services and over £100,000 for Works. For contracts up to the value of £499,999 the Community Benefits are voluntary and for contracts £500,000 or over Community Benefits are mandatory. 25.2 The Procurement Officer in consultation with the Community Benefit Officer will determine if there is an opportunity to deliver Community Benefits and include details of the Community Benefits required in the contract notice. If there is no Community Benefit requested, the notice must give reasons why. 25.3 The Council must ensure the requirements are in line with the relevant procurement legislation and the Council must ensure that the Community Benefit clause does not amount to direct or indirect discrimination. 25.4 The Community Benefits Officer must ensure that robust arrangements are in place to monitor Community Benefits, and the outcomes delivered are recorded and reported. 299
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Appendix 2 18 26. Assignation/Novation 26.1 In every contract, there shall be included a provision whereby: • The Supplier shall be prohibited from transferring, assigning or sub- contracting a contract or any part thereof without the prior written consent of the Council • The Supplier shall be prohibited from changing any sub-contractors from those noted in the Suppliers response documents without the prior written consent of the Council 26.2 In every contract, there shall be included a provision whereby: • If a Supplier’s name changes, but their company registration remains the same, they will provide the Council with a copy of their “Certificate of Incorporation on Change of Name” • If a Supplier’s company registration number changes, the Council have the right to terminate the contract or continue the contract, providing, pre-qualification and quality criteria applied to the original contract are met and a Deed of Novation is signed confirming they accept all contractual obligations and liabilities within the contract. 27. Health & Safety 27.1 Every Supplier appointed by or on behalf of the Council shall be required to comply with current Health and Safety legislation and approved Codes of Practice, as may be applicable to the contract. The Chief Officer or Designated Officer will have the ultimate decision as to whether a Supplier’s Health and Safety qualification is equal to that required by the Council or in an approved form. 27.2 In the case of contracts for construction type Works, in addition to the aforementioned, Suppliers appointed by or on behalf of the Council shall be required to submit evidence (prior to entering a contract) of a UKAS (or equivalent) accredited independent third-party certificate of compliance in accordance with ISO 45001 (or equivalent) or have, within the last 12 months, successfully met the assessment requirements of a construction-related scheme in registered membership of the Safety Schemes in Procurement (SSIP) forum, or they must have a regularly reviewed and documented policy for Health and Safety management 28. Insurance 28.1 Every contract shall contain a clause which requires the Supplier to take out and maintain, for the duration of the contract, such insurance cover for such amounts as the Chief Officer or Designated Officer and the Insurance Team may deem relevant to the contract, including, if appropriate, but not restricted to: • Employers Liability Insurance • Public (Third Party) Liability Insurance 300
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Appendix 2 19 • Product Liability Insurance • Professional Indemnity Insurance, which shall remain in force for a period of six years beyond the end of the contract • Third Party Motor Vehicle Insurance • Other such specialist classes of insurance as advised by the Senior Manager (Internal Audit, Fraud, Safety & Insurance) 29. Performance Bonds and Parent Company Guarantees 29.1 Where considered necessary by the Chief Officer or Designated Officer, the Council shall require the Supplier to take out a bond, obtain and deliver a formal parent company guarantee or provide other sufficient security for the due performance of the contract. 30. Tendering Procedures 30.1 Methods for procuring for all levels of spend are detailed below: Call-offs from appropriate Frameworks or Dynamic Purchasing Systems can also be used for all levels of spend. Type of Contract Threshold (excluding VAT) Procedure Supplies, Services & Works <£2,000 Single quotation Supplies, Services & Works £2,000 to £9,999* Minimum of 3 written quotes Supplies and Services £10,000 to £49,9999 Quick Quote via the Corporate Procurement Unit Works £10,000 to £499,999** Quick Quote via the Corporate Procurement Unit Supplies & Services Over £50k • Open Tender • Restricted Tender Works Over £500k • Open Tender • Restricted Tender Supplies, Services & Works >GPA • Negotiated Procedure without 301
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Appendix 2 20 Prior Publication of a Notice • Competitive Procedure with Negotiation • Competitive Dialogue Procedure • Innovation Partnerships * Works only – if during an on-site Works programme unforeseen requirement are identified that could cause delay, then in these instances the threshold for a single verbal quote can be raised to £5,000. Records should be kept supporting the use of the increased limit. Where the contract is exempt under Standing Orders 5.1.2 justification for obtaining a single quote instead of 3 quotes must be recorded and kept for audit purposes. **Where transparency, non-discrimination and equal treatment are not compromised the Senior Manager Corporate Procurement retains sole discretion to increase the threshold for Works up to £2,000,000. Wherever VAT may be payable under a contract, the Council must ensure that an allowance for VAT is included in the calculation of the estimated value of the contract for the purposes of determining whether the contract equals or exceeds the GPA threshold. 30.2 The relevant Chief Officer or Designated Officer in consultation with the Procurement Officer will determine through market research which procedure will be used to maximise competition. 30.3 For all procedures apart from Standing Orders 30.7, the relevant Designated Officer shall seek Tenders from any organisations registered on PCS and PCS-T. 30.4 Quick Quote This procedure shall apply when after consultation the Procurement Officer, Service Team Representative and the Chief Officer or Designated Officer decide that bids will be invited via Quick Quote, and a minimum of 4 bidders will be invited. If we propose to invite less than 4 bidders to bid, this must be approved by the Senior Manager (Corporate Procurement). Bidders will be invited via the PCS-T e-Tendering portal to submit bids, and the Quick Quote documents will: • Specify the nature and purpose of the contract • Detail selection criteria • Detail award criteria 302
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Appendix 2 21 • Detail a bid return deadline • Detail appropriate Terms and Conditions A minimum of 7 days must be allowed, between the Quick Quote published date and the bid return deadline. 30.5 Open Tender This procedure shall apply when after consultation the Procurement Officer, Service Team Representative and the Chief Officer or Designated Officer decide that Tenders for a contract shall be obtained by open competition. The Procurement Officer shall publish a contract notice on PCS. The notice shall: • Specify the nature and purpose of the contract • Detail selection criteria • Detail award criteria Detail a Tender return deadline A minimum of 21 days must be allowed for below GPA threshold procurement and 30 days for above GPA threshold procurements, between the notice published date and the Tender return deadline. 30.6 Restricted Tender This procedure shall apply when after consultation the Procurement Officer, Service Team Representative and the Chief Officer or Designated Officer decide to use a shortlisting process which limits invitations to Tender to the applicants responding to a notice. Before inviting Tenders, the Procurement Officer shall publish a notice on PCS. The notice shall: • Specify the nature and purpose of the contract • Detail selection criteria • Detail the SPD return deadline A minimum of 14 days should be allowed for below GPA threshold procurements and 25 days for above GPA threshold procurements between the notice published date and the SPD return deadline (unless otherwise agreed with the Senior Manager (Corporate Procurement) or Designated Officer). After the SPD return deadline an Invitation to Tender document shall be issued by the Procurement Officer via PCS-T to a minimum of five providers, where possible. Where less than five SPD returns are received from providers advice/approval must be sought from the Senior Manager (Corporate Procurement) or Designated Officer before proceeding. As soon as practical after deciding to exclude applicants from the Tender list unsuccessful applicants must be given a notice of: • The names of the applicants proceeding to the second stage 303
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Appendix 2 22 • The criteria used to exclude the applicant • The applicants scoring against the maximum scoring available and the winning bidder(s) score. The Invitation to Tender document shall: • Specify the nature and purpose of the contract • Contain all Tender documentation (including Terms and Conditions and award criteria) • Include the Tender return deadline A minimum of 21 days for below GPA threshold procurements and 30 days for above GPA threshold procurements should be allowed between the notice publish date and the Tender return deadline. 30.7 Negotiated Procedure without Prior Publication of a Notice (Above GPA) Negotiated Procedure without Prior Publication should only be used in very exceptional circumstances. These exceptions should be limited to cases, where publishing a call for competition is not possible such as situations: • Where no Tenders, no suitable Tenders, no requests to participate or no suitable requests to participate have been submitted for a previous Open or Restricted Tender exercise, provided that the initial conditions of the contract are not substantially altered. A Tender shall be considered not to be suitable where it is irrelevant to the contract, being manifestly incapable, without substantial changes, of meeting the organisation’s needs and requirements as specified in the procurement documents. A request to participate shall be considered not to be suitable where the bidder has been or would have been excluded or where it does not meet the selection criteria. • Where the Supplies or Services can be supplied only by a particular supplier for any of the following reasons: o The aim of the procurement is the creation or acquisition of a unique work of art or artistic performance o Competition is absent for technical reasons (only if it is not caused by artificial narrowing down of the parameters of the procurement and no reasonable alternative or substitute exists) o The protection of exclusive rights, including intellectual property rights (only if it is not caused by artificial narrowing down of the parameters of the procurement and no reasonable alternative or substitute exists) • Where it is strictly necessary for reasons of extreme urgency (where the time limits for the Open or Restricted Procedure or Competitive Procedure with Negotiation cannot be complied with) brought about by events unforeseeable and not attributable to the Organisation, such as emergency situations affecting the public e.g., flooding. Negotiated Procedure without Prior Publication in case of Goods: 304
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Appendix 2 23 • Where the products involved are manufactured purely for the purpose of research, experimentation, study, or development, but not including quantity production to establish commercial viability or to recover research and development costs. Note this should not be abused to allow a single supplier to be approached to design an item which must subsequently be purchased as a result of proprietary rights • Where a change in supplier(s) would mean that the Organisation would have compatibility issues or disproportionate technical difficulties; this procedure can be used to acquire additional deliveries from the original supplier when needed to replace or increase Supplies or installations. In this case, the contract or recurrent contract length must not exceed three years, other than in exceptional circumstances • For Supplies quoted and purchased on a commodity market • For the purchase of Supplies on particularly advantageous terms, from either a supplier which is definitively winding up its business activities, or the liquidator in an insolvency procedure, an arrangement with creditors, or a similar procedure under national laws or regulations. Negotiated Procedure without Prior Publication in case of Services: • Where the contract concerned follows a design contest organised in accordance with the 2015 Regulations and where the contract concerned is to be awarded as part of the design contest to the winner or winners. Where there is more than one winner of the design contest, all of them must be invited to participate in the negotiation • In instances when all the following apply: o Where it is for new Services consisting of the repetition of similar Services performed by the supplier to which the Organisation awarded an original contract, provided that such Services are in conformity with the basic project for which the original contract was awarded, and the award indicated the extent of possible additional Services and the conditions under which they would be awarded o The possible use of this procedure was disclosed in the procurement documents, and the total estimated cost of subsequent Services was taken into consideration by the organisation when applying the thresholds in relation to the original contract o Not more than three years have elapsed following the conclusion of the original contract. As with all aspects of the Procurement Journey, the activities at this stage must be carried out in a carefully managed manner that supports the principles of procurement. As a minimum the processes must be carried out in a transparent way that ensures there is no distortion of the marketplace, the outcome cannot be a procurement that unduly favours or disadvantages a particular Supplier, and it is the responsibility of the organisation to make sure that these requirements are met. 305
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Appendix 2 24 Use of this procedure must be justified; it can only be used in situations which have not been created by the Council. Reasons why there are no reasonable alternatives or substitutes such as using alternative distribution channels including outside the UK or considering functionally comparable Supplies and Services. Where the situation of exclusivity is due to technical reasons, they should be rigorously defined and justified on a case-by-case basis. Technical reasons may also derive from specific interoperability requirements which must be fulfilled in order to ensure the functioning of the Works, Supplies or Services to be procured. When fixing any time limits the Council must take account of the complexity of the contract. A Contract Notice will not be published in this procedure. The only procurement documents which may be published would be a Voluntary Ex- Ante Transparency (VEAT) Notice which an Organisation can use to protect itself by sending a VEAT Notice to GPA prior to entering the contract. It is still mandatory to publish a Contract Award Notice with this procedure. For all procurements detailed in standing order 30.7 a single tender action request must be submitted to the Corporate Procurement Unit. 30.8 Competitive Procedure with Negotiation (above GPA) The Competitive Procedure with Negotiation lets you clarify bids after their submission of fully formed initial Tenders. This procedure may be used: • If you unable to define how to meet your needs technically and/or you cannot specify the legal or financial requirements of your contract • For procuring Services or Supplies that require adaptation or design inputs • In cases of complex purchases, such as sophisticated products, intellectual Services or major information and communication technology tools Under this procedure: • The contract notice will make it clear that the competitive procedure with negotiation is being used • Any Supplier may make a request to participate • The request to participate must be accompanied by an SPD • Following assessment of the submitted SPDs, the buyer will invite suppliers that meet the selection criteria to the initial Tender phase • You may have to start a dialogue with bidders to guarantee a satisfactory outcome of the procurement process • This may result in a new or revised Tender being issued • Finally, leading to a contract award A record of clear reasons for selecting this approach is required and commercial confidentiality is of key importance in employing this procedure. 30.9 Competitive Dialogue Procedure (above GPA) Competitive Dialogue can be used: 306
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Appendix 2 25 • Greater flexibility is needed e.g., highly complex and risky projects • you are procuring innovative projects • you are unable to specify your requirements e.g., your technical, financial or legal solutions. Therefore, bidders may have a major role in defining the solution • You cannot assess without in-depth dialogue on what the market can offer or • The Open or Restricted Procedures may not deliver the expected outcomes. Under this procedure: • The contract notice will make it clear that the competitive dialogue procedure is being used and will also set out the award criteria which the public body will apply during the dialogue stage • Any Supplier may make a request to participate • The request to participate must be accompanied by an SPD • Following assessment of the submitted SPDs, the buyer will conduct a dialogue with the Suppliers which meet the selection criteria. The aim of the dialogue will be to develop one or more suitable alternative solutions capable of meeting the requirements • Based on this dialogue the buyer will select Suppliers to invite to Tender. A record of clear reasons for selecting this approach is required and commercial confidentiality is of key importance in employing this procedure. 30.10 Innovation Partnerships (above GPA) Innovation Partnerships can be used where there is a need to develop an innovative product or Service and there is no existing product or solution currently available on the market. Under this procedure: • The contract notice will make it clear that the innovation partnership procedure is being used • Any Supplier may make a request to participate • The request to participate must be accompanied by an SPD • Following assessment of the submitted SPDs, the buyer will use a negotiated approach to invite Suppliers to submit ideas to develop innovative Works, Supplies or Services aimed at meeting a need for which there is no suitable existing ‘product’ on the market • The public body is allowed to award partnerships to more than one supplier A record of clear reasons for selecting this approach is required and commercial confidentiality is of key importance in employing this procedure. 30.11 Public Social Partnerships (PSP) A PSP is a strategic partnering arrangement which involves the third sector earlier and more deeply in the design and commissioning of public services. 307
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Appendix 2 26 The third sector is often best placed to interact closely with communities, and its involvement can mean that people have more choice and control over what Services are delivered locally. A PSP differs from other commissioning approaches in that it starts with the need to be addressed, not the Services available. A PSP typically comprises 3 stages: • Third sector organisations work with the public sector purchasers to design a service • A short-term pilot may be run to help refine the service delivery parameters • The Service is further developed to maximise community benefit before being competitively tendered, typically within three-four years The Senior Manager (Corporate Procurement) or Designated Officer must be consulted and agree that a PSP is the correct approach. 31. Electronic Tendering 31.1 All Tenders must be advertised by electronic means through PCS, and the Tender process will be progressed through the PCS-T e-Tendering system. All Quick Quotes, Dynamic Purchasing Systems Invitations to Tender and Mini Competitions will be invited, and submissions accepted via PCS-T. 32. Submission of Tenders 32.1 The Invitation to Tender shall state that a Tender will not be considered unless it is received electronically by the date and time stipulated in the Invitation to Tender. No Tender delivered in contravention of this clause shall be considered. 32.2 All invitations to Tender shall include the following: - • A specification that describes the Council’s requirements in sufficient detail to enable the submission of competitive offers • A requirement for tenderers to declare that the Tender content, price or any other figure or particulars concerning the Tender have not been disclosed by the tenderer to any party (except where such a disclosure is made in confidence for a necessary purpose) • A requirement for tenderers to complete fully and sign all relevant Tender documents including a form of Tender • Notification that Tenders are submitted to the Council on the basis that they are compiled at the tenderer’s expense. A description of the award procedure and evaluation criteria (including quality/price ratio, weighted quality criteria and price scoring model). The award procedure and evaluation criteria must remain unchanged throughout the Tender process • The method by which any arithmetical errors discovered in the submitted Tender is to be dealt with. In particular, whether the overall price prevails over the rates in the Tender or vice versa. 308
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Appendix 2 27 32.3 All Invitations to Tender must specify the Supplies, Services or Works that are required, together with the terms and conditions of contract that will apply. 32.4 The Invitation to Tender must state that the Council is not bound to accept any Tender or accept any part of any Tender. 32.5 All candidates invited to Tender must be issued with the same information at the same time and subject to the same conditions through PCS or PCS-T. Any supplementary information must be provided on the same basis. 32.6 Candidates invited to respond must be given an adequate period in which to prepare and submit a proper quotation or Tender, consistent with the urgency of the contract requirement. Normally at least 3 weeks should be allowed for submission of Tenders. For all Tenders that exceed the GPA threshold, the GPA timescales will apply. 33. Late Tenders 33.1 No Tenders received after the closing date and time for submission shall be considered. Where a Tender is late due to a failure or lack of availability of the electronic tendering platform, and which is not attributable to the tenderer or as the case may be their agent, the express approval of the Senior Manager (Corporate Procurement) shall be required to admit the Tender for consideration. 34. Opening of Tenders 34.1 Due to the system controls in place all Tenders shall be opened by an authorised user, using the parallel opening functionality on PCS-T as soon as it is practical to do so. 34.2 The Senior Manager (Corporate Procurement) or Designated Officer shall ensure that for each e-tendering project, the system shall keep and, if required, produce a record showing the date and time when Tenders where opened. 35. Checking of Tenders 35.1 All Tenders shall be subject to checking for completeness and errors by an appropriate officer nominated by the Chief Officer of the service concerned. Any arithmetical errors that result in a change to the pricing submitted must be documented. 35.2 Tenders for construction Works shall be checked in accordance with current industry best practice and relevant practice notes. 36. Evaluation of Tenders 36.1 Apart from the notification required or permitted by Standing Order 36.3: • Confidentiality of qualification, quality and commercial responses, and the identity of bidders must be preserved at all times, including during the Procurement Exercise process and after the contract is awarded • Information about one candidate’s response must not be given to another candidate 309
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Appendix 2 28 36.2 During the evaluation process, Officers will be given access to information about the Tender responses or the identity of tenderers. This information must be kept confidential as it could be commercially sensitive, or subject to a non-disclosure agreement. This information must not be shared out with those involved in the evaluation or decision approval process. The only information that will be disclosed publicly after the award of the contract will be the awarded Supplier’s company name and bid value. Unsuccessful bidders will be provided with the costs and quality score of the winning bid and their own cost and quality score. 36.3 Contracts must be evaluated and awarded in accordance with the Award Criteria stated in the contract notice or Tender documents and in compliance with Standing Order 32.2. 36.4 Where genuine pricing errors are found, they should be notified to the tenderer, who should be requested to confirm or withdraw their Tender. Alternatively, if the individual figures in the Tender, rather than the overall price, were stated within the Invitation to Tender as being dominant, an amended Tender price may be requested to accord with the figures given by the tenderer. 36.5 Chief Officers or Designated Officer shall ensure that submitted Tender prices are compared with any pre-Tender estimates/budgets and that any discrepancies are examined and resolved satisfactorily. Budgets and Tender prices will be detailed in the Procurement Outcome Report. 36.6 Where changes to the Tender are reasonable by the tenderer, and where such change is viewed to be reasonable by Council staff, erroneous figures shall be adjusted, and the Tender recalculated arithmetically. Changes to the Tender figure should be signed by the tenderer. A letter or email from the tenderer, confirming and agreeing to the changes in erroneous figures shall also be appended to the Tender response documents. 36.7 The original Tender form shall be amended to reflect the outcome of any new Tender offer, and the changes shall be signed by the tenderer. 36.8 At the end of the evaluation process, Tender evaluation summary sheets shall be signed by the Evaluation Panel. 36.9 The evaluation panel must be made up a panel of at least 2 for Tenders over the value of 50K for Supplies and Services and £500K for Works. 36.10 Tenders received in respect of proposed contracts should only be accepted where they have been sought and evaluated fully in accordance with these Standing Orders. 37. Abnormally Low Bids 37.1 Investigating abnormally low bids is a mandatory obligation. Any Tender considered to be an abnormally low bid in relation to either the proposals or the anticipated contract value must be investigated and clarified. 37.2 Any such proposal should be excluded from any further consideration in the event that investigation and clarification fail to resolve identified issues. The Procurement Officer must consult with the Senior Manager (Corporate Procurement) before any final decision is taken. 310
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Appendix 2 29 38. Post Tender Clarifications 38.1 Between the last date and time for the receipt of Tenders and the date on which a decision is taken as to which, if any, Tender is to be accepted, the Senior Manager (Corporate Procurement) or any Procurement Officer designated by them may contact a tenderer in respect of any Tender submitted in order to seek clarification on the terms of the Tender. 38.2 Where any factor giving rise to post Tender clarifications is not specific to one tenderer, all tenderers must be invited to participate in such clarification communications. There must be no material change to the specification(s) and/or criteria on which Tenders are to be evaluated. If it becomes apparent that a material change is required, the tendering process must be recommenced with a revised specification or award criteria. 38.3 A full written record shall be kept of all such clarifications and shall be retained with the original Tender. 38.4 This provision shall not be used in any way to permit any tenderer to amend their bid in a manner that allows them to improve their offer, nor to put other tenderers at a disadvantage nor to distort competition. All tenderers must be treated at all times equally and in an open, transparent and fair manner. 39. Post Tender Negotiations 39.1 Once the evaluation of tenders has been completed in accordance with Standing Order 36, the Chief Officer may request the Senior Manager (Corporate Procurement), or any Procurement Officer designated by them to enter into Post Tender Negotiations. Such negotiations shall take place with the tenderer who has submitted the Most Economically Advantageous Tender for a contract; and where there is scope for improvement in the Tender received and that such negotiations will be in the best interests of securing Best Value and improved terms and conditions for the Council. 39.2 Where it is considered possible that Post Tender Negotiations might apply, a clear indication will be given to prospective Suppliers in the instructions to tenderers that Post Tender Negotiations might be considered. 39.3 A full record (which shall include copies of all written communications) shall be kept by the Corporate Procurement Unit of all contracts where Post Tender Negotiations have been used and the written record will be retained with the original Tender. The written record will include the justification for authorising Post Tender Negotiations, the nature of the negotiations undertaken, the outcome of such negotiations and shall detail any additional terms agreed by the Council. 39.4 This Standing Order 39 shall not be used in any way to put any tenderer at a disadvantage or to distort competition, and it shall not be used to make any change to the specification(s) and/or criteria on which the identified Tender is to be assessed. 40. Acceptance of Tender 40.1 Every Tender issued shall state the award criteria as the Most Economically Advantageous Tender. Lowest price is no longer legally compliant for procurements 311
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Appendix 2 30 over £50K for Supplies and Services and over £2,000,000 for Works. The evaluation of all bids received shall take place in accordance with the criteria specified in the Tender documentation. 40.2 No Tender shall be accepted unless: • The appropriate Chief Officer or Designated Officer is satisfied that the selection criteria stated within the Tender have been met • The appropriate Chief Officer or Designated Officer is satisfied, in accordance with the award criteria, that the Tender is the Most Economically Advantageous Tender and technically compliant proposal for the Council. 40.3 Where the value of the contract (including optional extensions and collaborative partners spend) does not exceed £500,000 it shall be accepted upon written approval of the appropriate Chief Officer and Designated Officers. For Procurement Exercises over £10,000 for Supplies and Services and over £10,000 for Works a procurement outcome report will be prepared setting out details of the bids received. Subject to the procedures of Standing Orders 40.2 being adhered to, the contract acceptance and award letter will be issued by the Senior Manager (Corporate Procurement) or Designated Officer. 40.4 Where the value of the contract is more than £500,000 (including optional extensions and collaborative partners spend), a procurement outcome report will be prepared setting out the details of the Tenders received. A Tender shall be accepted upon the written approval of the Chief Executive, Chief Officer and Senior Manager (Corporate Procurement). In the absence of the Chief Executive, such Tenders shall be accepted on the written approval of an appropriate Executive Director (from out with the Procuring Directorate) in consultation with the Monitoring Officer/Chief Finance Officer, the appropriate Chief Officer (from the procuring Service and Senior Manager (Corporate Procurement). Subject to the procedures of Standing Order 40.2 being adhered to, the contract acceptance and award letter will be issued by the Senior Manager (Corporate Procurement) or Designated Officer 40.5 For all Tenders over the GPA threshold a Mandatory Contract Standstill Period must be observed prior to the award of contract. The Mandatory Contract Standstill Period must be for a period of at 10 calendar days. The standstill period starts the day after the award letter is issued and ends 10 calendar days later. If the end date is a weekend day the standstill period will end on the Monday. If the end date is on a bank holiday, the standstill period will end the following day. 41. Form of Contract 41.1 Except where otherwise agreed by the Chief Executive or Designated Officer and the Head of Democratic Services every contract shall be in writing, shall be signed by the appropriate Chief Officer, Designated Officer or other officer specifically authorised by him/her for this purpose and shall be subject to the laws of Scotland and the jurisdiction of the Scottish Courts. 42. Nomination of Sub-Contractors 42.1 Where the Council nominates a sub-contractor or supplier to a main contractor, in the absence of any statutory requirements setting out different procedures, all 312
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Appendix 2 31 Tenders must be invited by the Council in accordance with the relevant tendering procedures laid down in these Standing Orders. 42.2 The terms of the invitation will require an undertaking by the tenderer that, if selected, they will be willing to enter into a contract with the main contractor in terms which may indemnify the main contractor against their own obligations under the main contractor for the Works, Supplies or Services included in the sub-contract. 43. Contract Register 43.1 The Reform Act requires the Council to publish an external Corporate Contract Register for all Regulated Procurements. The Corporate Procurement Unit shall be responsible for updating the Council’s Contracts Register. The contract register must include the: • Contract name and description • Contract reference number • Contract value • Supplier name and address details • Commencement date for contract • Termination date for contract • Any optional extension dates 43.2 It is the responsibility of Chief Officers or their Designated Officer to regularly review the contract register to ensure that the register accurately reflects all known contracts. Chief Officers or Designated Officer should notify the Corporate Procurement Unit of any new contracts or required amendments in order that the Council can meet the legal requirement of publishing an accurate complete Corporate Contract Register. 44. Modifications to Contract 44.1 Consideration must be taken of the value, type and scope of the modification relevant to the original contract. Modifications cannot be considered if the terms and conditions of the contract do not allow for this or if the value and/or scope of the modification are significantly different from the original contract. 44.2 Any modifications to the scope, duration, terms and conditions or value, should not be agreed without the prior approval of the Senior Manager (Corporate Procurement) or Designated Officer and without having necessary budget provision. If the modification to contract is approved, the Corporate Procurement Unit will issue contract modification letters and publish modification notices on PCS where appropriate. 44.3 For Taxis or other Services, with a high frequency/quantity of modifications, details of all modifications to contract must be held in writing by the relevant service team Officer. 313
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Appendix 2 32 44.4 Any modifications not issued by the Corporate Procurement Unit must be agreed with the Senior Manager (Corporate Procurement). 45. Termination of Contracts 45.1 Every contract shall contain a provision allowing for the contract to be terminated. 45.2 The Chief Officer or Designated Officer may request to terminate any contract or the Council’s participation in a Framework Agreement, subject to consultation with the Head of Democratic Services and the Senior Manager (Corporate Procurement.) 45.3 Any termination shall be subject to the Head of Democratic Services and the Senior Manager (Corporate Procurement) approval and being satisfied that it is reasonable and in the interests of the Council to exercise that power. 45.4 Details of all terminations to contract must be held in writing and copies retained by the Corporate Procurement Unit. 46. Post Contract Monitoring and Evaluation 46.1 During the life of the Contract the Contract and Supplier Management Policy contained within the Procurement Manual will apply. 47. Interest of Members 47.1 A member of the Council with a personal interest in a matter who attends the meeting of the Council at which the matter is considered must disclose to that meeting the existence and nature of that interest at the beginning of that meeting or when the interest becomes apparent, in compliance with the Councillor’s Code of Conduct in terms of Section 1 of the Ethical Standards in Public Life etc. (Scotland) Act 2000. 47.2 A member with a personal interest in a matter also has a prejudicial interest if the interest is one which a member of the public with knowledge of the relevant facts would reasonably regard the interest as so significant that it is likely to prejudice the member’s discussion or decision making in their role as a Councillor. A member with a prejudicial interest in any matter must: • Withdraw from the room where a meeting is being held whenever it becomes apparent that the matter is being considered at that meeting; and • Not seek improperly to influence a decision about that matter 48. Interest of Officers 48.1 In addition to his or her duty under Section 81 of the 1973 Act and the requirements of the 2003 Act, if any officer of the Council finds that he or she has a disclosable financial interest in any contract which has been or is proposed to be entered into by the Council or in some other matter which is to be considered by the Council or any of its Committees or Sub-Committees other than: • A contract of employment under which he or she serves the authority or • The tenancy of a dwelling provided by the Authority 314
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Appendix 2 33 He or she must as soon as practicable give notice of the fact in writing to the Chief Executive. 48.2 For the purpose of this section, a disclosable financial interest is an interest that, if the officer were a member of the Council and if the contract or other matter were to be considered at a meeting of the Council at which he or she were present, he or she would have to disclose under the provision of the Councillor’s Code of Conduct referred to in Standing Order 47.1. 48.3 The Chief Executive shall record in a register to be kept for the purpose, particulars of any notice of a financial interest given by an officer under Section 81 of the 1973 Act or under paragraph 87.1 of the Standing Orders. 49. Disposal of Surplus or Scrap Materials/Equipment 49.1 These standing orders also apply for the disposal of surplus of scrap materials and equipment. The Chief Executive may authorise the adoption of an appropriate method of doing so following a recommendation from the Chief Officer of the Service concerned. This method should be adopted in line with the provisions contained within these standing orders and where more than one offer is received, the highest satisfactory offer will be accepted. 50. Disposal of Interest in Land and Building 50.1 The Policy for Property Acquisition and Disposal as set out in Annex A shall apply to the making of contracts for the disposal by the Council of its interest in land or buildings (including the disposal by lease thereof, other than leases by the Council for periods not exceeding 5 years) where the interest has been declared surplus to the Council’s requirements. Except in cases of community transfers (in accordance with the Council’s policy for the Transfer of Assets to the Community), or otherwise in accordance with the Disposal of Land by Local Authorities (Scotland) Regulations 2010 where more than one offer is received the highest satisfactory offer shall be accepted. Any disposal for less than the recorded value must fulfil the requirements of the Disposal of Land by Local Authorities (Scotland) Regulations 2010. 51. Variation and Revocation 51.1 These Standing Orders may be varied or revoked by the Council and any motion to vary or revoke these Standing Orders (which motion shall conform to the requirements of Standing Order 22 of the Standing Orders Relating to Meetings and Proceedings of the Council and Committees) shall, when proposed and seconded, stand adjourned without discussion to the next ordinary meeting of the Council. 52. Thresholds and VAT 52.1 All monetary thresholds contained within the Standing Orders are exclusive of VAT, unless otherwise stated. 53. Commencement 53.1 These Standing Orders Relating to Contracts shall apply and have effect from 18 September 2025. These Orders supersede the Standing Orders approved by the Council on 18 September 2024. 315
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Appendix 2 34 Annex A – Disposal of Property/Land Procedures for Inviting and Opening Offers Relating to the Sale/Lease of Property. 1. Introduction 1.1 In all cases where the Council intends to lease part of the commercial or property estate and where the Council’s interest in land or buildings has been declared surplus to requirements, the procedures set out below must be followed. 1.2 Prior to carrying out the sale or lease of the property, the Executive Director of Place or Designated Officer shall obtain from the relevant Planning Officers, a report on the planning history of the property, including a development brief document, where appropriate, which information where relevant, will be incorporated into any marketing material which shall be used as part of the evaluation process of offers. 1.3 No proposal for the development of or investment in land, property or building fabric shall be made to the Council or Cabinet without prior approval of the Executive Director of Place or an officer designated by them. 2. Methods of Disposal 2.1 For commercial leases or where the Council’s interest in land or buildings has been declared surplus to requirements, the following methods may be applied, subject to the provisions set out in this Annex A: • Open Market Disposal; • Disposal to a Nominated Party; 2.2 It is anticipated that the majority of disposals will be undertaken through an Open Market Disposal. 2.3 In all cases, the relevant Executive Director or, as the case may be, Cabinet must be satisfied that the proposed disposal represents the best consideration that can reasonably be obtained, in accordance with s74(2) of the Local Government (Scotland) Act 1973, or that the proposed disposal is in accordance with The Disposal of Land by Local Authorities (Scotland) Regulations 2010. 3. Invitation to Submit Offers 3.1 When inviting offers for an Open Market Disposal it is important that uniform instructions are given, and the following information must therefore be included in all instructions: 3.1.1 Interested parties shall be notified by the Executive Director of Place or Designated Officer that a closing date, including the date and time for submission has been fixed. 3.1.2 Interested parties must be informed that it is their responsibility to have the offer, in Scottish legal form emailed to the specified email address, on the 316
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Appendix 2 35 instructions by 12 noon on the designated day. Under no circumstances will a late offer be considered, and any offer arriving after the specified time will not be accepted. The principal offer should also be sent to the Council but this will not need to be received by the deadline for email submission. No contract will be concluded until the principal offer is received. 4. Offer Return and Notification Record 4.1 The Executive Director of Place or Designated Officer must prepare an offer return form for every sale or lease where an Open Market Disposal is pursued. 5. Procedure for Considering Offers 5.1 The Senior Manager, Legal Services or Designated Officer will collate offers received in the email inbox by the deadline for submission. Any offers arriving after the specified time will be highlighted as a late offer. 5.2 The Senior Manager, Legal Services or Designated Officer will, as soon as possible after the closing of offers, collate the offers received, complete the offer return form and circulate all offers received to the Head of Service (Finance) or their nominee who along with the Senior Manager, Legal Services or their nominee shall verify the validity of the offers. 6. Acceptance of Offers 6.1 Offers received and verified as provided for above, shall be evaluated jointly by representatives of the Executive Director (Place) and the Head of Democratic Services prior to any further action being taken. In the event that it is determined to proceed to accept an offer received, it will then be accepted in the following manner: 6.1.1 Where the value of the offer to purchase or the annual rental does not exceed £300,000 or £120,000 respectively, acceptance of the offer may be authorised by the Executive Director (Place) in terms of the Scheme of Delegation to Officers. 6.1.2 Where the value of the offer to purchase or lease exceeds the respective limits set in 6.1.1 above, a report shall be submitted to the Cabinet for authorisation to accept the offer. 6.2 All formal legal documentation in respect of offers relating to the sale or lease of property shall be undertaken by the Head of Democratic Services or their nominee. 6.3 Unsuccessful parties will be notified by the Executive Director (Place) or their nominee that their offer has not been successful. 7. Disposal to a Nominated Party 7.1 Where a party approaches the Council in the interest of acquiring a specific area of land or building which has been declared surplus to requirements, or where the Council identifies a party who may be interested in acquiring a specific area of land or building which has been declared surplus to requirements, the Executive Director (Place) shall determine if it is appropriate to proceed with a Disposal to a Nominated Party in the following manner: 317
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Appendix 2 36 7.2 A proposal to a dispose to a nominated party will be acceptable where the proposal meets one or more of the following criteria: (i) The proposed disposal is to a purchaser who owns or controls an adjoining property or piece of land; (ii) The proposed disposal is to a sitting tenant or occupier who occupies or controls the site or premises; (iii) The proposed disposal is to a Council tenant or occupier, and the proposed disposal enables the Council to reclaim exclusive possession of an asset within its property portfolio by relocating the sitting tenant or occupier to a suitable alternative; (iv) The proposed disposal is to a Statutory Authority in pursuance of that Statutory Authority’s functions or obligations; or (v) Written professional advice indicates a clear advantage over an Open Market Disposal. In such circumstances, the disposal should only proceed where the Executive Director (Place) is satisfied that the agreed price is at least equal to the best price achievable on the open market. 7.3 Notwithstanding any of the above criteria which justify a Disposal to a Nominated Party, it may be the case that demand or likely demand in the subjects is sufficient to warrant an Open Market Disposal of the subjects instead. 7.3.1 Where the value of the offer to purchase or the annual rental does not exceed £300,000 or £120,000 respectively, the Executive Director (Place) may determine whether the demand, or likely demand, is sufficient to warrant the marketing of the subjects, notwithstanding any criteria which justifies a disposal to a nominated party. 7.3.2 Where the value of the offer to purchase or lease exceeds the respective limits set in 7.4.1 above, a report shall be submitted to the Cabinet for authorisation to proceed with any offer from a Nominated Party, or as the case may be, to proceed with an Open Market Disposal of the subjects instead. 7.4 In the event that it is determined acceptable to proceed with an offer from a Nominated Party, it will be accepted in the following manner: 7.4.1 Where the value of the offer to purchase or the annual rental does not exceed £300,000 or £120,000 respectively, acceptance of the offer may be authorised by the Executive Director (Place) in terms of the Scheme of Delegation to Officers. 7.4.2 Where the value of the offer to purchase or lease exceeds the respective limits set in 7.4.1 above, a report shall be submitted to the Cabinet for authorisation to accept the offer. 7.5 All formal legal documentation in respect of offers relating to the sale or lease of property shall be undertaken by the Head of Democratic Services or their nominee. 318
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Appendix 2 37 Annex B – Health & Social Care Services Procedures for Commissioning of Health and Social Care Services 1. Introduction 1.1 In accordance with Standing Order 4, the Contract Standing Orders shall apply to the procurement of contracts for Health and Social Care Services subject to the special procedures set out in this Annex. 1.2 These procedures are intended to accord with and reflect the principles set down in the Statutory Guidance issued by Scottish Ministers in terms of the Procurement Reform (Scotland) Act 2014 as well as the Best Practice Guidance on the Procurement of Care and Support Services 2016 issued in terms of the Procurement Reform (Scotland) Act. 1.3 All Health and Social Care Services procurement will be undertaken by the Corporate Procurement Unit. 1.4 The Director of Health and Social Care Partnership or designated Officer must satisfy themselves that all procurement has been undertaken and authorised by the Corporate Procurement Unit in terms of these standing orders. 2. Governing Bodies (Care Inspectorate) 2.1 Any tenderers wishing to provide Health and Social Care Services to the Council must be registered with Care Inspectorate (or its statutory successor(s)) or any other relevant regulatory bodies that are a mandatory requirement to the service provision, where required in terms of the contract. 3. Procedures for Procuring Contracts for Health and Social Care Services 3.1 In accordance with Standing Order 13, a contract for Health and Social Care Services that has an estimated value in excess of the GPA Threshold for Social and Other Specific Services must be procured by following a procedure that satisfies the Council’s duties set out in the 2015 Regulations. If the Light Touch Regime is to be used, this must be set out in the contract notice. 3.2 In cases of procuring a contract for Health and Social Care Services that has an estimated value below the GPA Threshold for Social and Other Specific Services, the Director - Health and Social Care Partnership in conjunction with the Senior Manager (Corporate Procurement) shall be responsible for deciding whether the particular contract is one which may be awarded without advertisement and competition, in accordance with section 12 of the Reform Act. 3.3 In determining whether a contract for Health and Social Care Services may be awarded without advertisement and competition in terms of paragraph 3.2, the Director - Health and Social Care Partnership shall take account of the individual circumstances of the contract, including the subject matter and estimated value of the contract, the specifics of the service sector concerned and the geographic location of the place of performance of the contract to firstly identify whether there is likely to be a cross-border interest in the contract. The 319
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Appendix 2 38 Director - Health and Social Care Partnership, following consultation with the Senior Manager (Corporate Procurement), may determine that there is no cross- border interest in the contract where: • The service is of such a specialised nature that no cross-border market of suitable service providers exists • Advertising the contract would result in the loss of a linked service • The service is one that in accordance with the SDS 2013 Act the individual service user has a choice in selecting the provider 3.4 Where the Director - Health and Social Care Partnership decides under paragraphs 3.2 and 3.3 above that a contract is likely to attract a cross-border interest, it should be procured by way of a competitive process and it will be advertised in accordance with Standing Order 16 unless the Director - Health and Social Care Partnership with the agreement of the Senior Manager (Corporate Procurement) decides that there are circumstances justifying a departure from that requirement. Such decisions will be taken on a case-by- case basis and advertising may not be required where, for example: • The needs of the service user(s) concerned would be best met by a particular service provider • The existing service provider(s) are the only service provider(s) capable of delivering the service to meet the needs of the individual(s) concerned • The nature of the service is such that it should not or cannot be adequately specified in advance because of the nature of the social care needs of the service user(s) concerned • There are special circumstances such as ownership of land or property, geographic locations or particular skills or experience of service providers of social care which limit the choice to one service provider • There are reasons of extreme urgency, brought about by unforeseen events which are not attributable to the Council. 3.5 Where the Director - Health and Social Care Partnership decides under paragraphs 3.2 and 3.3 above that EU Treaty Principles do not apply to a contract for Health and Social Care Services, he/ she may also decide with the agreement of the Senior Manager (Corporate Procurement) that Standing Order 16 shall not apply to that contract, however a contract award notice must be published for all instances. 3.6 The Director - Health and Social Care shall be required to maintain a list of all proposed contracts which he/she decides do not require to be advertised on the basis of the determinations made under paragraphs 3.2, 3.3, 3.4 or 3.5 above. He/she shall provide a copy of that list to the elected members on an annual basis. Any decisions taken under paragraphs 3.2, 3.3, 3.4 or 3.5, that neither advertising nor competition will be required for a particular contract shall be subject to review by the Director - Health and Social Care Partnership at regular intervals (and at least annually). 320
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Appendix 2 39 3.7 The decisions (and subsequent review of those decisions) taken by the Director - Health and Social Care Partnership under this Annex will all be fully documented. Any reasons for deciding that a proposed contract will not be advertised must be recorded and included on the list which is to go to the elected members under paragraph 3.6. 3.8 In addition to demonstrating how Best Value will have been achieved, the contracting service will be responsible for evidencing the reasons referred to under paragraph 3.6. Document Control Summary: Location – I:\Committee Services\Publications\05 Standing Orders Relating to Contracts 321
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Appendix 2 40 Last Revised: Revised By Nature of Revision July 2018 MJA Correction of typographical errors September 2020 MJA Changes approved by Council on 23 September 2020 February 2022 WT Minor grammar changes, minor layout changes, changes in terminology from OJEU to GPA, new paragraph added on VAT at section 14 and updated Annex A STAR form. April 2022 SQ Expanded introduction relating to the purpose. Changed the flow of sections in line with the procurement process. Added more definitions. Amalgamated exemption for Frameworks and Dynamic Purchasing Systems. Changed Thresholds: From single quote up to 1K, verbal 3 quotes 1K to 5K and 3 written quotes 5K to 10K. Quick Quote for Works 10K to 100K To Single quote up to 2K, 3 written quotes 2K to 10K, Quick Quote for Works 10K to 500K Amalgamated single stage and open tender section and restricted and two stage section to simplify. Added sections for technical specification, community benefits, novation, Frameworks and Dynamic Purchasing Systems, abnormally low bids, supported business and reserved contracts. Expanded sections – Evaluation of tenders (to make confidentiality clearer), Insurance, Purchase of Goods, Service or Works (to make consultation with procurement to check if contract on the contract register can be used clearer) Added information re the legislation taking precedence over standing orders. Exemptions cannot contravene legislation. 322
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Appendix 2 41 April 2023 SQ Removed special circumstances approved by Chief Executive and Cabinet in section 5. As permissible special circumstances are already addressed and procurement legislation would supersede the standing orders if decisions in breach of legislation are made. Added guidance on service teams progressing direct awards under 50K out with the Corporate Procurement Unit. June 2023 MT Removal of several annexes including Request for Procurement Action (RPA) Single Tender Action Request (STAR) and Conflict of Interest Declaration Form and updated reference to annex throughout the standing orders. May 24 SQ Corrected typos, and made wording more robust, removed ability to reduce tender timescales if a PIN is issued, added more information to the standstill section and replaced tender outcome report with procurement outcome report. Mar 25 SB Reviewed and amended exemptions in line with legislative changes, streamlined sections for ease of use, updated statutory and regulatory provisions, added provision for Legal Services to approve non-standard contract T&Cs. 323
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Appendix 2 42 September 2025 SB 1. Introduction - amended purpose to improve wording 5. Exemptions - removed exemptions that are subject to the rules of the Standing Orders and add other exemptions following a benchmarking exercise with other councils. 9. Collaboration - removed reference to social care in collaboration section 9 as the same rules apply throughout the Council 15. Procedures prior to commencing procurement exercises – added exemptions up to £2m for works from progressing a contract strategy. Added RPAs can be signed by Head of Service (Financial Services) if multiple budget lines/budget holders involved. 17. Tender Documents – added any T&C proposed that are not NAC standard or industry standard must be approved by Legal Services. 30. Tendering Procedures – added and amalgamated procedures for all levels of spend and added narrative and timescales for Quick Quotes 40. Acceptance of Tender - Amended to £2m for works which is the legislative threshold where cost and quality requirements are legislative. 324
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Appendix 2 43 Sep 26 SB/AC General grammar and accuracy corrections throughout. 2.1.24 added selection and award criteria to low value RPA only 5. Remove Hub South West from exemptions and added commercial agreements with some public bodies and award of grants 13.4 changes Crown Commercial Services to Government Commercial Agency (due to name change 1st April 2026) 30. included wording relating to framework or DPS call-offs 30.4/30.6 added Terms and Conditions to each section 44. added requirement to publish a modification notice on PCS if appropriate Annex 3.5 – added wording to make it clear a contract award notice must be issued. Amendment to Annex A – Disposal of Property. 325
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Appendix 3 10/09/2026 Page 1 of 7 [PUBLIC] Financial Regulations – September 2026 1. Scope and Observance 1.1 Section 95 of the Local Government (Scotland) Act 1973 states that: “….every local authority shall make arrangements for the proper administration of their financial affairs and shall secure that the proper officer of the authority has responsibility for the administration of those affairs.” 1.2 These Financial Regulations fulfil this requirement by providing a mandatory framework for the financial administration of North Ayrshire Council and will apply to every financial transaction and to every employee throughout the Council. 1.3 It is the duty of Heads of Service to ensure that all relevant employees are familiar with these Regulations and other relevant documents detailed at Section 10 below and that they are adhered to. 1.4 Failure to observe these Financial Regulations may be regarded as a breach of trust and may lead to disciplinary action. 2. Principals of Financial Administration 2.1 The financial affairs of the Council will at all times be conducted in accordance with the seven principles of public life as set out by the Nolan Committee on Standards in Public Life: Selflessness: Employees will not take decisions which will result in any financial or other benefit to themselves, their family or friends. Decisions will be based solely on the Council’s best interests. Integrity: Employees will not place themselves under any financial or other obligation to an individual which might influence them in their work with the Council. Objectivity: Any decisions which employees make in the course of their work with the Council will be based solely on merit. Accountability: Employees are accountable to the Council as their employer and, in turn, to the public. Openness: Employees will be as open as possible in all the decisions and actions that they take. Honesty: Employees have a duty to declare any private interests which might affect their work with the Council. 326
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Appendix 3 10/09/2026 Page 2 of 7 [PUBLIC] Leadership: Management will promote and support the above principles by leadership and example. 2.2 In order to comply with these principles of public life, no employee must be in a position where they experience a conflict of interest between their personal life and their employment with North Ayrshire Council. Examples of conflicts of interest will include: Procurement: purchasing goods or services from a supplier with whom the employee is either directly involved or with whom the employee has a family relationship or close friendship. Further guidance is contained within the Standing Orders Relating to Procurement. Systems: an employee must not access or update records which relate either to themselves or family or close friends. Service Delivery: an employee must not make decisions on service provision which could result in a favourable outcome for themselves or family or close friends. Where an employee perceives a possible conflict of interest in relation to these or any other transactions of the Council, this must be declared to their line manager and steps put in place to prevent this materialising. Failure to do so may lead to disciplinary action. 2.3 No financial transactions will take place unless they fall within the legal powers of the Council. In cases of doubt, Heads of Service must consult with the Head of Democratic Services to obtain clarification as to legality before any liability or expenditure is incurred. Expenditure on new service developments, initial contributions to other organisations and responses to new emergency situations which require expenditure must be clarified as to legality prior to being incurred. 2.4 The Local Government in Scotland Act 2003 places the duty on local authorities to make arrangements that secure ‘Best Value’. ‘Best Value’ is defined in the Act as ‘continuous improvement in the performance of the authority’s functions’. 3. Role of the Council 3.1 The full Council is responsible for setting the Council’s annual budgets, housing rent and Council Tax levels. The Council is also responsible for approving the Annual Treasury Management and Investment Strategy. 4. Role of the Cabinet 4.1 The Cabinet is responsible for monitoring the use of the Council’s resources throughout the financial year. 327
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Appendix 3 10/09/2026 Page 3 of 7 [PUBLIC] 5. Role of Audit and Scrutiny Committee 5.1 The Audit and Scrutiny Committee will monitor the effectiveness of controls maintained by Heads of Service within their Service. 6. Role of Head of Finance 6.1 The Head of Finance is the proper officer of the Council under Section 95 of the Local Government (Scotland) Act 1973 for the administration of the financial affairs of the Council. 6.2 All accounting procedures and records of the Council will be determined by the Head of Finance and all accounts and accounting records of the Council will be compiled by or under the direction of the Head of Finance. 6.3 The Head of Finance will act as financial adviser to the Council, the Cabinet and all its Committees and will monitor and report on the financial performance and position of the Council. 6.4 The Head of Finance will be entitled to: • access to any information and to be given such explanations as are considered necessary; • issue, and require compliance with, any instructions on any aspect of financial administration; • examine administration and control systems within any Service of the Council and secure any improvements which are considered necessary. 7. Responsibilities of Chief Executive, Executive Directors and Heads of Service 7.1 The Chief Executive, Executive Directors and Heads of Service are accountable for the financial performance of their Services within the budgets allocated. 7.2 They will ensure at all times that they and their employees endeavour to secure the best value for expenditure incurred by them when pursuing the objective of achieving the policies of the Council. 7.3 The Chief Executive, Executive Directors and Heads of Service are responsible for the maintenance of effective controls within the financial procedures operated by their Services. 8. Accounting and Internal Control Internal Control 8.1 The following principles will be observed in the allocation of duties: 328
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Appendix 3 10/09/2026 Page 4 of 7 [PUBLIC] • There must be an effective separation of duties so that the different stages of financial transactions are progressed by different people; • Financial transactions will be subject to internal check to reduce the likelihood of fraud and errors. 8.2 Procedures for calculating, checking and recording sums due to or by the Council should be arranged in such a way whereby the work of one person is proven independently or is complementary to the work of another and these operations will be separated from the duty of collecting or disbursing such sums. 8.3 There will be regular management review by service managers of financial transactions, other than budget monitoring, to ensure the accuracy and completeness of financial records. Authorisation 8.4 Authorisation of financial transactions indicates acceptance of responsibility for them. 8.5 Heads of Service are responsible for determining the numbers and distribution of authorising officers to meet the needs of their Service. 8.6 An officer must not authorise a transaction in which they have a personal interest. 8.7 A register of all authorised signatories will be maintained by the appropriate section and kept up-to-date. Entries on this register will be authorised by Heads of Service and will detail the following: • Names, designations and locations of authorised signatories; • The financial authorisation limits placed upon individual officers; • Sample signatures of authorising officers. Monthly Financial Performance 8.8 Each Head of Service or nominated senior manager will monitor expenditure and income against approved budgets and provide information to Finance to support projections and on actions being taken to address potential overspends or income shortfalls. Annual Statement of Accounts 8.9 Each Head of Service will, at dates to be specified by the Head of Finance, submit to the Head of Finance such information as is required in order that the Council’s annual accounts can be closed. 9. Internal Audit 9.1 Internal Audit will carry out independent reviews of financial and other systems of the Council to ensure that the interests of the Council are protected. 329
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Appendix 3 10/09/2026 Page 5 of 7 [PUBLIC] 9.2 The objective of Internal Audit is to assist Elected Members and Council officers in the effective discharge of their responsibilities by reviewing and evaluating: • the completeness, reliability and integrity of financial and other management information; • the systems established to ensure compliance with corporate and departmental policies and procedures and legislative requirements; • the means of safeguarding assets; • the economy, efficiency and effectiveness with which resources are employed; • the extent to which operations are being carried out as planned and objectives are being met. 9.3 The Senior Manager (Audit, Fraud, Safety, Risk and Insurance) reports to the Head of Finance. In addition, the Senior Manager has the right of direct access to the Chief Executive and the Chair of the Audit and Scrutiny Committee on any audit matter. 9.4 In relation to Internal Audit work being carried out, the Senior Manager (Audit, Fraud, Safety, Risk and Insurance) and any member of the Internal Audit section has the authority to: • Enter at all reasonable times and without notice any premises or land of the Council, provided that where such premises or land are leased to a third party the terms of the lease are observed; • Have access to, and remove, all records (both paper and electronic), documents and correspondence within the possession or control of any officer of the Council, relating to any financial or other matters of the Council; • Be provided with a separate log-in to any computer system within the Council and have full access to any system, network, personal computer or other device in the ownership of the Council; • Require and receive explanations concerning any matter under examination from any employee, including Chief Officers, and request such explanations from any Elected Member; • Require any employee of the Council to produce cash, stores or any other Council assets under their control. 10. Associated Procedures and Codes of Practice The following is a list of other documents which should be read in conjunction with these financial regulations: 10.1 Codes of Financial Practice Although not contained within the body of these financial regulations, Codes of Financial Practice will be issued under their authority and will have the same status as if they were included therein. The Codes of Financial Practice are maintained by the Head of Finance. 10.2 Corporate Procurement Strategy 330
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Appendix 3 10/09/2026 Page 6 of 7 [PUBLIC] This document sets out the recommended activities and procedures required when purchasing all externally provided goods, services and works. The strategy is maintained by the Head of Finance. 10.3 Standing Orders Relating to Contracts The Standing Orders Relating to Contracts set out how the Council will invite tenders and let contracts for the supply of goods, services and works. This document is maintained by the Head of Democratic Services. 10.4 Scheme of Delegation to Officers The Scheme of Delegation to Officers contains details of those functions both statutory and non-statutory which the Council has chosen to delegate to officers. The Scheme of Delegation is maintained by the Head of Democratic Services. 10.5 Risk Management Strategy The Risk Management Strategy sets out the Council’s approach to dealing with risk and explains how risk management should be integrated throughout the Council. The document also defines the roles and responsibilities of Elected Members and officers in dealing with risk The Strategy is maintained by the Head of Finance. 10.6 Code of Corporate Governance The Council’s local Code of Corporate Governance demonstrates how the Council complies with the seven core principles of good corporate governance which are outlined in the CIPFA/SOLACE framework ‘Delivering Good Governance in Local Government’. The local Code of Corporate Governance is maintained by the Head of Democratic Services. 10.7 Annual Treasury Management and Investment Strategy. The Annual Treasury Management and Investment Strategy sets out the Council’s strategy for borrowing and managing investments. The strategy is maintained by the Head of Finance. 11. Irregularities 11.1 Any evidence or reasonable suspicion of an irregularity relating to any property of the Council must be reported immediately in accordance with the Council’s Defalcation Procedures or “Whistleblowing” Procedure, whichever is appropriate. 331
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Appendix 3 10/09/2026 Page 7 of 7 [PUBLIC] 11.2 All reported irregularities will be investigated in accordance with the appropriate procedure and the Council’s Counter Fraud and Corruption Strategy. 11.3 Any contact with Police Scotland or the Procurator Fiscal will be made only by the Chief Executive or by another officer acting with the prior approval of the Chief Executive. 12. Review of Financial Regulations 12.1 These Regulations may be varied or revoked subject to a report by the Head of Finance on any variations and revocations being approved by the Council. 332
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Appendix 3 Codes of Financial Practice 2026 Version Date Author Classification Final 17 September 2025 Not applicable Public Final 10th September 2026 Mark Boyd Public 333
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10/09/2026 Page 2 of 22 [PUBLIC] Contents Codes of Financial Practice 2026............................................................................................ 1 Code of Financial Practice 1 – Capital Finance ..................................................................... 3 Code of Financial Practice 2 – Revenue Finance .................................................................. 4 Control of Revenue Expenditure............................................................................................. 5 Code of Financial Practice 3 – Control of Income ................................................................. 6 Code of Financial Practice 4a – Treasury Management ........................................................ 8 Code of Financial Practice 4b – Banking ............................................................................... 9 Code of Financial Practice 5 – Imprests ................................................................................. 9 Code of Financial Practice 6 – Tax Management................................................................. 10 Code of Financial Practice 7 – Insurance and Risk Management ...................................... 11 Code of Financial Practice 8 – Salaries and Wages ............................................................ 13 Code of Financial Practice 9 – Expenses ............................................................................. 14 Code of Financial Practice 10 – Procurement of Goods and Services and Payment of Accounts ................................................................................................................................. 15 Code of Financial Practice 11 – Contracts for Supplies, Services and Works ................. 18 Code of Financial Practice 12 – Assets ................................................................................ 19 Code of Financial Practice 13 – Stores and Inventories ..................................................... 20 Appendix 1 – Definition of Subjective and Objective Expenditure and Income Heads .... 21 Codes of Financial Practice are issued under the authority of the Council’s Financial Regulations. They shall be read in conjunction with, and have the same status as, the Financial Regulations. It shall be the duty of each Head of Service to ensure that the requirements of the Codes of Financial Practice are made known to the appropriate staff within their Service and that they are adhered to. Failure to comply with Codes of Financial Practice may be regarded as a breach of trust and may lead to disciplinary action. 334
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10/09/2026 Page 3 of 22 [PUBLIC] Code of Financial Practice 1 – Capital Finance Financial Plans and Capital Estimates Finance will prepare a financial plan for capital expenditure which covers more than one financial year. The annual Capital Estimates will correspond to the first year of the financial plan, subject to funds being available, and will detail the committed capital projects and new capital projects on which the Council intends to incur expenditure. The detailed form of the financial plan and Capital Estimates will be determined by the Head of Finance. All Executive Directors and Heads of Service will provide such information as may be required by the Head of Finance for the purpose of preparing the financial plan and Capital Estimates. The financial plan and Capital Estimates, along with reports by the appropriate officers, will be considered by the Council for approval. Prior to submission to the Council, all new projects or requests for a change in expenditure profile must be forwarded to the Capital Programme and Assets Group (CPAG) for consideration. CPAG will ensure that accurate costings are agreed and that appropriate option appraisals have been carried out. For any new projects a business case should be completed detailing the need for Investment or change in service delivery and the options that have been considered. This should be forwarded to the Capital Programme and Assets Group (CPAG) for consideration. CPAG will ensure that accurate costings are agreed and that appropriate option appraisals have been carried out. Any requests for a change in expenditure profile should be included in the capital financial report to be considered by CPAG. The approval of the financial plan by the Council will permit Heads of Service to: • incur preliminary expenses and design costs in respect of projects included in the approved Financial Plan; and • in conjunction with the Head of Democratic Services, take the necessary steps to acquire land associated with specified projects included in years one to five of the Plan. The approval of the Capital Estimates by the Council will permit Heads of Service to proceed with projects within the Capital Estimates unless: • the actual tender price of the project or the revised estimate of the project exceeds the provision in the Capital Estimates, or • the nature of the capital project has changed substantially from that envisaged when the Capital Estimates were approved. In these cases, fresh approval will be sought from the Cabinet before the project proceeds, which approval will be given only if the capital expenditure can be contained within the overall capital allocation or if additional funding is identified. 335
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10/09/2026 Page 4 of 22 [PUBLIC] Control of Capital Expenditure No expenditure will be incurred without the approval of the Cabinet except as authorised by the Council’s Scheme of Delegation to Officers and the Standing Orders Relating to Contracts. No capital expenditure chargeable to the Capital Account will be incurred unless the expenditure is provided for in the Capital Estimates and meets the definition of capital expenditure in the CIPFA Code of Practice, which states that “the expenditure results in the acquisition, construction, or enhancement of fixed assets (tangible and intangible) in accordance with proper practices”. Scottish Ministers may also issue guidance that it would be proper practice to capitalise specified expenditure. The Capital Programme and Assets Group (CPAG) will ensure that projects comply with the definition of capital expenditure. The approval of the Cabinet will be required before a new capital project out with the financial plan is introduced into the Capital Estimates. Such approval will be given only if the expenditure can be contained within the capital allocation for that year or if additional funding is identified. If it becomes apparent after the start of a capital project that it will be considerably over or under spent, or if the phased expenditure for the current year is likely to vary significantly, it will be the duty of the appropriate Head of Service to report such variation immediately to the Capital Programme and Assets Group (CPAG). CPAG is responsible for ensuring that the capital programme is delivered on time and for considering where projects may be advanced within the plan. Thereafter, a report on the action taken will be submitted to the Cabinet. It will be the duty of the Head of Finance to report regularly and timeously to the Cabinet with statements comparing actual financial performance with the respective Capital Estimates. It will be the duty of the appropriate Head of Service to ensure that any required legal or statutory approvals have been obtained before the commencement of a capital project. Code of Financial Practice 2 – Revenue Finance Revenue Estimates Finance will determine the procedure for the preparation of the Revenue Estimates and will report to the Cabinet on the financial guidelines to be considered for the Revenue Estimates. Each Head of Service will, in conjunction with the Head of Finance, prepare Revenue Estimates in respect of their Service in accordance with a timetable set by the Head of Finance. The Revenue Estimates will be submitted to the Council for approval with a recommendation as to:- • the proposed expenditure and income for the financial year ahead; • the Council Tax to be levied and the level of bad debt provision to be applied; • the council house rent level to be applied. 336
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10/09/2026 Page 5 of 22 [PUBLIC] Control of Revenue Expenditure No expenditure will be incurred without the approval of the Cabinet except as authorised by the approved Revenue Estimates, Scheme of Delegation to Officers and the Standing Orders relating to Contracts. No expenditure chargeable to a revenue account will be incurred unless it has been included in the Revenue Estimates, except:- • where a supplementary estimate has been approved by the Cabinet; • in emergency situations in terms of the Scheme of Delegation to Officers; • as provided for by the rules on Virement below. It will be the duty of the Head of Finance to furnish regularly and timeously to all Heads of Service budgetary control statements on the Revenue Account comparing actual performance with the respective Estimates. It will be the duty of the Head of Service concerned to ensure that items of expenditure in the Revenue Estimates of their Service are not overspent and that the income and expenditure of their Service conform to the requirements of this Code of Practice and their delegated powers under the Scheme of Delegation to Officers. Heads of Service will also provide the Head of Finance with whatever assistance and information considered necessary to ensure the effectiveness of the budgetary control system. It will be the duty of the Head of Finance to provide reports to Cabinet on the current financial position of the Council in accordance with the agreed reporting schedule, or more frequently if it is considered appropriate. Virement Virement will be permitted only in the following circumstances:- • A deficit under those subjective headings of expenditure and income and objective headings as defined in Appendix 1 may be balanced by a transfer from another head of expenditure or income on which there is a surplus where the deficit has arisen due to circumstances which could not have been foreseen and the transfer would not involve a change of policy of the Council. Where a net saving could be achieved by overspending under one head of expenditure without changing the policy of the Council, a transfer may be made from a head of expenditure or income which is in surplus. • Virement will not create an additional overall budget liability. One-off savings or additional income should not be used to support recurring expenditure or to create future commitments including full-year effects of decisions made part way through a year. • All transfers will be authorised by the appropriate Chief Officer concerned and Financial Services. Where the amount transferred from a budget heading is over £100,000 (either as a single transfer or the sum of transfers within a financial year) or where the transfer of any amount would affect the execution of existing Council policy the approval of the Cabinet will be required. Lower amounts will be authorised within Finance as follows: o Finance Manager up to £20,000 o Senior Manager (Financial Services) £20,001 to £50,000 o Head of Finance £50,001 to £100,000 337
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10/09/2026 Page 6 of 22 [PUBLIC] Where it appears that the actual amount of any item of income or expenditure may vary significantly from that appearing in the Revenue Estimates, it will be the duty of the Executive Director or Head of Service concerned, in conjunction with the Head of Finance, to report the details of the variance and any remedial action required to the Cabinet as soon as possible after the variance has become apparent. All reports presented to Cabinet by Executive Directors or Heads of Service must specifically identify the extent of any financial implications, having firstly consulted with the Head of Finance on these financial implications. Any such implications must be clearly stated in the reports to Cabinet, identifying the following: • costs and income in the current and future financial years; • the impact on capital and revenue spending; • the extent of budget provision and, if none, how and from where it is proposed that such financial resources be obtained. The rules concerning budget virement within those areas of the Education Directorate that fall within the Council’s Devolved School Management (DSM) scheme (see Appendix 1) are separately defined by the DSM policy. Code of Financial Practice 3 – Control of Income Determination of Charges Each Head of Service will review not less than annually the charges for goods and services provided by their Service and, except where the charge is fixed externally, or unless otherwise provided for in the Scheme of Delegation to Officers, will submit proposals thereof for the consideration of the Council. To preserve the real value of such income, increases recommended to Council should have regard to the cost of providing the service, the current rate of inflation and the impact of any change in the rate of value added tax. Accounting Arrangements The Head of Finance will make adequate financial and accounting arrangements to ensure the proper recording and collection of all monies due to the Council. All official forms and books for the expenditure and collection of monies will be in a form approved by the Head of Finance and will be ordered, controlled and issued to Services by the Head of Finance or under arrangements approved by the Head of Finance. Notification of Income to Finance All debtors’ accounts for income due to the Council will be rendered by, or under arrangements approved by, the Head of Finance. Treatment of Monies Collected All monies received on behalf of the Council in any Service will be recorded and deposited with the Head of Finance or the Council’s Bankers in accordance with arrangements made with the Head of Finance. 338
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10/09/2026 Page 7 of 22 [PUBLIC] Receipts will be issued for all monies collected and the receipt should indicate the method of payment, i.e. cash, cheque, credit or debit card. All cash receipts exceeding £3,000 must be accompanied by adequate personal identification which confirms the identity of the person making the payment and should be notified to the Senior Manager (Audit, Fraud, Safety, Risk and Insurance) in accordance with the Council’s policy in relation to money laundering. Heads of Service will be responsible for ensuring adequate custody and control of all cash held within their Service. Cash held should not exceed the maximum limits for cash holdings agreed with the Head of Finance. Where a service identifies any cash shortage of more than £50 between transactions recorded and physical cash banked, contact must be made with the Internal Audit section in accordance with the Council’s Defalcation Procedures. No deduction will be made from such monies unless specifically authorised by the Head of Finance (for example income refunds, library refunds). Cash discount will not be offered to any debtor. Personal Cheques Personal cheques will not be cashed from monies collected on behalf of the Council. Transfers of Cash, Cheques and other Cash equivalents All transfers of responsibility for cash, cheques or other cash equivalents from one member of staff to another will be evidenced in the records of the Services concerned by the signature of the receiving officer. Where the monetary amount transferred is not physically verified upon transfer, staff must ensure that the reason for non-verification is recorded (for example sealed bank bag with serial number noted, locked cash box, signed cheque or bank withdrawal slip). Write-offs Sums due to the Council will not be written-off without the prior written approval of the Head of Finance. The Debt Recovery team, Sheriff Officers and Legal Services will, after all recovery action has been exhausted, recommend a debt is written off to the Head of Finance on an annual basis. Services will be notified of the amounts written off and a full list of accounts will be available upon request. Sums written-off will be written back to the service account to which the income was originally credited when the invoice was raised. Grant Income The Head of Finance will be advised timeously of all relevant information so that applications for grants due to the Council may be submitted or certified. All applications for grant funding will require to be notified to the Head of Finance prior to submission to the funding body. All remittance advices in relation to grants received are to be addressed directly to the Head of Finance. 339
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10/09/2026 Page 8 of 22 [PUBLIC] Code of Financial Practice 4a – Treasury Management Treasury Policy Statement and Practices The Council has adopted the key recommendations of the CIPFA document ‘Treasury Management in Public Services: Code of Practice’ (the Code) as described in section 4 of that Code. Accordingly, the Council will create and maintain, as the cornerstones for effective treasury management: • an ‘Annual Treasury Management and Investment Strategy’ identifying policies regarding treasury management and the objective of these, and; • suitable Treasury Management Practices (TMPs), setting out the manner in which the Council will seek to achieve those policies and objectives, and prescribing how it will manage and control those activities. The content of the Strategy and TMPs will follow the recommendations contained in sections 6 and 7 of the Treasury Management Code, subject only to amendment where necessary to reflect the particular circumstances of the Council. Such amendments will not result in the Council materially deviating from the Code’s key recommendations. The Head of Finance will provide reports on the Council’s treasury management policies, practices and activities. This will include, as a minimum, the annual strategy and plan in advance of the year to Council, quarterly reporting of treasury prudential indicators, a mid-year progress report to Cabinet and an annual report to Council, in the form prescribed in the Council’s TMPs. Performance in relation to the treasury management and prudential indicators will be reported to Cabinet as part of the Revenue and Capital Monitoring arrangements throughout the year. Borrowing and Leasing All borrowing arrangements of the Council for the purpose of its functions will be made by the Head of Finance and the arrangements made will be reported regularly to the Cabinet in accordance with the Council’s treasury management strategy. All borrowings on behalf of the Council will be affected in the name of the Council. The Head of Finance, or officers authorised by the Head of Finance, will sign all loan documents unless statute or other legal requirements provide that other signatures are required. Registrar of Stocks, Bonds and Mortgages The Head of Finance will be the Registrar of Stocks, Bonds and Mortgages and will maintain records of all borrowing of money by the Council. Leasing No leasing of equipment or other capital assets will be undertaken without the prior approval of the Head of Finance. Investments and Trust Funds North Ayrshire Council funds will be invested in the name of the Council or in the name of nominees approved by the Cabinet. 340
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10/09/2026 Page 9 of 22 [PUBLIC] Surplus funds will only be invested in financial institutions listed in the Treasury Management Strategy statement. All Trust Funds will, wherever possible, be held in the name of the Council. All officers acting as trustees by virtue of their official position will deposit all securities, bank books and documents (other than title deeds to heritable property) and articles of value relating to any trust with the Head of Finance unless the relevant trust deed otherwise provides. Control of Charitable Funds and Common Good funds The Head of Finance will ensure the proper and safe custody and control of all charitable funds held by the Council and that all expenditure is in accordance with the conditions of the Fund. Code of Financial Practice 4b – Banking Banking Arrangements The Head of Finance is responsible for appointing the Council’s Bankers. This should be carried out in accordance with the Council’s tendering procedures. All arrangements with the Council’s Bankers concerning the Council’s bank accounts, the issue of payments and all other banking services will be made by the Head of Finance. The Head of Finance will be an authorised signatory for all the Council’s bank accounts. Official bank accounts bearing the Council’s name will be opened or closed only by the Head of Finance. All monies received will be paid into the Council’s bank accounts daily or at such other intervals as may be approved by the Head of Finance and will be accounted for in accordance with arrangements made with the Head of Finance. All arrangements with the Council’s Bankers concerning financial guardianship, appointee bank accounts and all other relevant HSCP banks accounts will be made by the Chief Financial Officer of NAHSCP, with the Chief Financial Officer of NAHSCP as an authorised signatory for all relevant accounts. Code of Financial Practice 5 – Imprests Provision of Imprests The Council uses Corporate Procurement Cards for the provision of imprests. Procurement Cards The Council has a Corporate Procurement Card (P-Card) system in place, this provides an enhanced service which incorporates electronic monitoring and approval of spend. Procurement cards offers a more transparent alternative to petty cash, offering benefits for staff in service areas as well as prompt payment for suppliers. Replacing the use of cash with the use of cards will reduce the amount of petty cash required. P-cards are issued subject to the discretion of the Head of Finance. 341
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10/09/2026 Page 10 of 22 [PUBLIC] P-cards are in the name of North Ayrshire Council, but individual Cardholders names are held within the records system. Each card has a limit (inclusive of VAT) for a single transaction as well as a cumulative monthly limit. Individual P-cards will be set up for specific categories of spend relevant to the individual cardholder and service area. P-Cards can also, for pre-approved individuals, be used to withdraw petty cash up to a pre agreed limit. No cash should be withdrawn where a purchase can be made by raising a Purchase Order or using the P-card online, instore or over the telephone. All P-Card transactions must be reviewed and approved via Secure Data Online (SDOL). Access to the SDOL is via unique usernames and passwords and separation of duties between the cardholder and the approver is controlled and monitored. Accounting Arrangements for Imprest Due to bank charges, it is recommended that cash withdrawals should be £100 or greater. Cardholders must maintain a petty cash spreadsheet showing all sums of money withdrawn and expenditure incurred. The balance on the spreadsheet should reflect the balance of money on hand at all times. Cardholders and approvers must ensure that cash transactions are reviewed and approved regularly within SDOL. In normal circumstances, if the amount of cash on hand requires replenished, the previous cash withdrawal should be reconciled within SDOL prior to the next withdrawal. The Procurement Team monitor the use of the P-cards to ensure that cardholders are compliant with the Procurement Card – Policy and Procedures. Closure of Accounts Where a cash or card facility is no longer required it will be withdrawn by the GPC Card Administrator within the Corporate Procurement Unit. Guidance Detailed Guidance is given via the 2 documents detailed below: 1) Procurement Card (PCard) – Policy and Procedure Reference Guide 2) Procurement Card (PCard) – Imprest Petty Cash Reference Guide Both documents are available on Connects. Code of Financial Practice 6 – Tax Management Value Added Tax (VAT) The Head of Finance will ensure that: • transactions follow the relevant statutory requirements and rules; 342
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10/09/2026 Page 11 of 22 [PUBLIC] • the Council’s liability for paying tax is kept as low as possible; • the rate of ‘tax flow’ (i.e. the recovery of tax which is due to the Council) is kept as high as possible, and; • guidance is issued to employees involved in processing tax-related transactions. Heads of Service must ensure that guidance is sought from the Head of Finance on the VAT implications of any new or unusual transactions before committing the Council. Income Tax The Head of People and ICT will ensure that income tax is deducted where appropriate from payments to employees and remitted to HM Revenue and Customs timeously. Heads of Service must ensure that guidance is sought from the Head of People and ICT on the tax implications of any new employee initiatives before committing the Council. Returns of income tax deducted will be made to HM Revenue and Customs in accordance with statutory deadlines and employees will be issued with a P60 showing the amount of income tax they have paid by 31 May each year. Code of Financial Practice 7 – Insurance and Risk Management Insurance The Head of Finance will make appropriate Insurance arrangements for all aspects of the Council’s activities and will arrange the negotiation of all insurance claims by the Council, in consultation with other officers where necessary. Delegated authority has been granted to the Head of Finance to negotiate and settle liability claims. Executive Directors or Heads of Service must not admit liability or give any indication that the Council may make an offer of settlement. Executive Directors and Heads of Service will give prompt notification to the Head of Finance of all new or increased risks, properties or vehicles which should be covered by insurance and of any alteration affecting existing insurances. Notification of Claims Executive Directors and Heads of Service will notify the Insurance section immediately of any loss, liability or damage or any event likely to lead to an insurance claim. Thereafter the Insurance section will be responsible for advising the insurance company concerned. Review of Insurance Portfolio The Head of Finance will annually review all insurance covers in consultation with Executive Directors and Heads of Services as appropriate. All Insurance policies will be subject to tendering procedures every 5 years. Responsibility for Security Each Executive Director and Head of Service will be responsible for maintaining proper security, custody and control at all times of all plant, buildings, materials, stores, furniture, equipment and cash etc. under their control. Services will notify the Insurance section 343
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10/09/2026 Page 12 of 22 [PUBLIC] immediately of circumstances resulting in financial loss or circumstances likely to result in a claim against the Council’s insurance policy. Limits to Cash Holdings Executive Directors and Heads of Service will notify the Insurance section of safes used to hold cash. The Insurance section will notify Services of the insured cash limits that should not be exceeded. In exceptional circumstances where cash limits are likely to be exceeded guidance should be obtained from the Insurance Section. Safe Keys Keys to safes and similar receptacles holding cash or valuable documents will not be left in premises overnight. Safe keys will be carried by the responsible person at all times and the loss of safe keys will be reported immediately to Internal Audit. Services will maintain a log of all such key holders and transfers of keys in order that a clear audit trail is always available of which member of staff had responsibility for safe keys at any particular time Risk Management The Risk Management Strategy contains the framework to be adopted to ensure risk is properly identified and controlled within the authority. Identification of Risk The Head of Finance will be responsible for the co-ordination of a Strategic Risk Register. All Executive Directors and Heads of Service will be responsible for ensuring that suitable arrangements for the identification, recording and monitoring of risks are established within their Service. Security of Financial Documents The Head of Finance will ensure that secure arrangements are made for the holding of stock certificates, bonds and other financial documents. Security / Retention of Documentation Each Executive Director and Head of Service will be responsible for maintaining proper security, custody and control of all documents within their Directorate. All documents and records will be retained for the minimum prescribed duration as set out in the Council’s Master Retention Schedule. IT Security Each Executive Director and Head of Service will be responsible for ensuring that all staff within their Service comply with the Council’s ICT Acceptable Use Policy and associated documents. Each Executive Director and Head of Service will also consult the Head of People & ICT and Senior Manager (ICT) in any case where security of IT systems is thought to be defective or where it is considered that special security arrangements may be required. 344
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10/09/2026 Page 13 of 22 [PUBLIC] Code of Financial Practice 8 – Salaries and Wages Information regarding Payroll Amendments Each Head of Service will notify the Head of People and ICT timeously of all matters affecting the payment of salaries, wages and other emoluments, in particular: • appointments, resignations, dismissals, suspensions, secondments and transfers; • changes in remuneration (other than normal increments), agreements of general application and changes in terms and conditions of service; • absences from duty for sickness or other reason apart from approved paid leave; • information necessary to maintain records of service for superannuation, income tax and social security purposes. Arrangements for Payments The payment of all salaries, wages and other emoluments to all employees of the Council will be made by the Head of People and ICT. Form and Certification of Records All pay documents will be in a form prescribed or approved by the Head of People and ICT. All timesheets will be completed and signed (manually or electronically) by the employee themselves confirming the accuracy of the claim except in cases of illiteracy when a supervisor may complete them, suitably endorsing the timesheets to this effect. Timesheets will not be completed, authorised or passed for payment in advance of work being undertaken. All pay documents will be certified in manuscript, electronically via HR21 or by email by an approved authorised signatory on behalf of the appropriate Head of Service. Signature stamps will not be used for this purpose. Details of Officers authorised to certify such documents (name, designation and email address) will be sent to the Head of People & ICT by Heads of Service. The relevant Head of Service will be responsible for advising any changes. Where a Service is responsible for its own information processing, the names of officers authorised to certify pay documents will be provided to the appropriate input staff. In addition, an annual review of such authorisations will be carried out by each Service to ensure that the list of names submitted to the Head of People and ICT is complete and up to date. No officer authorised to certify such documents will certify their own claim. Personal claims must be certified by a separate authorised signatory. Off-payroll Working (IR35) It is the responsibility of all budget holders to identify all worker and contractor relationships, which are not administered through North Ayrshire’s Payroll arrangements, and ensure that appropriate consideration is given to the nature of the relationship, including the completion and issue of Status Determination Statements where appropriate. Guidance on the assessment of potential off payroll working relationships is available from the Head of People and ICT and all completed Status Determination Statements must be retained by the Service for a minimum of 6 years plus current. 345
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10/09/2026 Page 14 of 22 [PUBLIC] Any relationship which is assessed as being within the scope of IR35 must be reported to the Head of People and ICT to allow arrangements for all payments to be included within standard arrangements for the deduction of appropriate tax and national insurance contributions. Code of Financial Practice 9 – Expenses Arrangements for Claims The Head of People and ICT will be responsible for the regulation, administration and payment of claims for expenses and allowances to members and employees of the Council. Employees’ Claims All claims for payment of travelling allowances, subsistence allowances, car allowances and incidental expenses, duly certified in manuscript on the appropriate official form provided by the Head of People and ICT or processed electronically via the expenses module on HR21 self-service system must be submitted to Employee Services on a regular basis. Claims will not be paid from imprest accounts. All such expenses will be paid via the Payroll System except in extraordinary circumstances, in which case the approval of the Head of People and ICT will be required for an alternative method of payment. Claims for travelling and subsistence allowances must be accompanied by the appropriate receipts. Claims for car allowances must be accompanied by a VAT receipt for fuel, dated prior to the first journey. Where claims are processed via HR21 receipts must be retained by the Service in accordance with retention details outlined within the HR21 user guide. In signing an expense claim form or submitting via HR21, employees are confirming that they have a valid driving licence and appropriate insurance arrangements in place to cover their vehicle for business use. Heads of Service must ensure that driving licences and insurance documents are inspected on an annual basis and details recorded on the Council’s integrated HR and payroll database. Certification of Employees’ Claims The Head of each Service will arrange for the certification in manuscript or approval via HR21 by an officer of their Service of all claim forms. The certification by or on behalf of the Head of Service will be taken to mean that the certifying officer is satisfied that the journeys were authorised, the expenditure was wholly, exclusively and necessarily incurred in the course of the employment of the claimant and that any allowances are properly payable. Claims must not be submitted for approval or approved in advance on the expense being incurred. Details of Officers authorised to certify such documents (name, designation and email address) will be sent to the Head of People & ICT by Heads of Service. The relevant Head of Service will be responsible for advising any changes. In addition, an annual review of such authorisations will be carried out by each Service to ensure that the list of names submitted to the Head of People and ICT is complete and up to date. No officer authorised to certify such claims will certify their personal claim. Personal claims must be certified by a separate authorised signatory. 346
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10/09/2026 Page 15 of 22 [PUBLIC] Cash Advances Cash advances will only be made in exceptional circumstances when other means of payment is not available. The Head of each Service will arrange for the certification in manuscript by an officer of their Service of all cash advances. The certification by or on behalf of the Head of Service will be taken to mean that the certifying officer is satisfied that the cash advance is necessary in the course of the claimant’s employment and that no other means of meeting the anticipated expenses is available. Officers authorised to certify cash advances will not certify a cash advance to themselves. All requests for cash advances, duly certified in manuscript on the appropriate official form provided by the Head of Finance, will be submitted to the Head of Finance for payment. The officer to whom an advance is given will be fully accountable for the advance. Immediately after the event for which the cash advance is given the accountable officer, using the appropriate official form, will prepare a detailed statement of expenses incurred, with supporting receipts and invoices, which reconciles to the amount of the cash advance. The reconciliation, duly certified in manuscript by an officer authorised by the Head of Service to certify claims for expenses and allowances, will be submitted to the Head of Finance along with the remaining unspent cash balance. Elected Members’ Allowances Members’ Allowances will be paid in accordance with the Council’s approved Scheme of Members’ Allowances and national regulations. Payments to Elected Members who are entitled to claim allowances will be made by the Head of People and ICT on receipt of the prescribed form properly completed and certified in manuscript or by email. Claims will be checked by Democratic Services prior to submission for payment. Claims will be submitted promptly, and on a regular basis, and in any case claims applicable to a financial year will be submitted within one month after 31 March in that year. The Head of Democratic Services will maintain a record of members allowances, showing the name of the recipient and the amount and nature of the payments. This record will be available for public inspection and will be published on the Council website not later than June 1st each year. Code of Financial Practice 10 – Procurement of Goods and Services and Payment of Accounts Official Orders All orders for goods, services and works must be processed and approved through one of the Council’s eProcurement systems and any exceptions are detailed in the No PO No Pay Policy. The Council will only make payments to suppliers and contractors where their invoice (whether paper or, preferably, electronic) contains a valid purchase order (PO) number, unless a pre- agreed exception applies – see section 6 of the No Po No Pay Policy. 347
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10/09/2026 Page 16 of 22 [PUBLIC] The following key controls relate directly to this Policy: • official orders are raised for all works, goods and services supplied to the Council; • ensure that all spend is authorised before goods, services or works are provided; • goods, works and services received are checked to ensure they are in accordance with the order. Each order will conform to the Council’s Standing Orders relating to Contracts to demonstrate best value. Authorisation of Orders and Acceptances Orders and acceptances of tenders or offers will be authorised either electronically or in writing only by officers certified to do so by the Head of Service of the ordering Service and in accordance with the Council’s Standing Orders Relating to Contracts. Signature stamps will not be used for this purpose. Each Service will maintain a current list of officers so authorised. Limits regarding the level and type of expenditure to which authorising officers can commit the Council will be formalised and maintained by each Head of Service and will be recorded on the list of authorised officers, which will be held by the Head of Finance. Checks on Goods, Materials and Services Received It will be the duty of the Head of each Service that places an order to ensure that all goods, materials and services received following the placing of such orders are as ordered in respect of price, quality and quantity. Where goods have been ordered using the e Procurement system, the receipt of goods will also be recorded against the appropriate order on the system. Method of Payment Apart from payments from imprest accounts (petty cash payments) the normal method of payment of money due from the Council will be by BACS, Procurement card or other instrument drawn on the Council’s bank account(s) by the Head of Finance or any person or persons authorised by the Head of Finance. The Council’s preferred method of payment will be by BACS. Certification for Payment A list of authorised signatories (including their financial limit) for certifying the payment of accounts will be supplied and certified by all Heads of Service to the Head of Finance. Additions and deletions will be notified to the Head of Finance as they occur. Heads of Service will review the lists annually and confirm to the Head of Finance that this has been done. There is no need to batch invoices as each invoice will be dealt with individually. Heads of Service must ensure that Authorised Signatories only sign invoices within their financial limits. Once the invoice has been appropriately certified in accordance with the checks below, the Head of Service or other authorised officer intimated to the Head of Finance will pass it without delay to the Accounts Payable team to ensure any offer of cash discount for early payment is received and that financial penalties for late payment are avoided. 348
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10/09/2026 Page 17 of 22 [PUBLIC] Invoices relating to non-electronic orders The Head of each Service which incurs expenditure will arrange for the certification either in manuscript or electronically by an authorised signatory of their Service that all accounts and invoices for payment comply with the following: • the expenditure is on items or services which it is within the Council’s legal powers to incur; • the goods, materials, services or work to which the account relates have been received or carried out and have been examined and approved and are in accordance with the order and the Goods Received Note; • the prices, extensions, calculations, trade discounts, other allowances, credits and tax are correct; • the relevant expenditure has been properly incurred and is within the relevant estimate provision; • appropriate entries have been made in the inventories or stores/stock records as required; • the appropriate financial ledger code numbers are entered on the document for payment. Corporate Procurement have designed an invoice stamp that should either: • be ordered and used by Services when invoices are approved manually. • be set up as a stamp within Adobe to allow for the electronic signing of individual invoices. Services should not amend the stamp in any way or use any other stamp. Corporate Procurement are working on an electronic invoice approval workflow process (for non- electronic orders) through the Integra system. When this has been tested and rolled out across Services the need for manually stamping and signing invoices will no longer be the preferred option. Invoices relating to electronic orders The eProcurement systems have controls in place to ensure that only Authorised Officers (as approved by their Head of Service) can approve orders and invoices. The eProcurement systems will not allow payment to be made unless the goods are recorded as being received and the invoice value agrees with the order or is within a tolerable variance. Any invoices that are out with the pre-set tolerances, will automatically be sent via the Integra electronic invoice certification process to the order approver to either accept or reject. There is therefore no requirement to use the invoice stamp or manually sign/authorise invoices for orders that have been processed through the eProcurement systems. Procurement Cards Procurement Cards may be used by Services for high volume transactions, one-off low value purchases and/or internet purchases. All applications for a Procurement Card require to be authorised by a Head of Service, Manager (Grade 14 and above) or Head Teacher. 349
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10/09/2026 Page 18 of 22 [PUBLIC] All transactions are required to be approved on the procurement card system by an authorised approver. The system is administered by Corporate Procurement. It is the responsibility of all card holders and approvers to ensure transactions are approved promptly. The Council’s monthly statement is processed for payment by Corporate Procurement and all transactions made by individual Services will be journalled against the appropriate finance code. Duplicate Invoices Payment will not be made on duplicate, photocopied or faxed invoices unless the appropriate Head of Service or other authorised officer within the appropriate Service certifies in writing that the amounts have not previously been passed for payment. Pro-forma Invoices Payment will not normally be made on ‘pro-forma’ invoices that state ‘this is not a VAT invoice’. In exceptional circumstances where such payments may be made, it will not be possible for the Council to recover VAT. Amendments to Invoices No changes will be made to tax invoices which must instead be returned to the creditor for amendment and reissue. IR35 – Off Payrolling The only exception to the above statement is where the Council needs to comply with Off- Payroll Working in the Public Sector known as IR35 (Intermediaries legislation). Where applicable the Council will amend the invoice to reflect a deduction of both PAYE and National Insurance Contributions. It will be the duty of each Head of Service who approves the engagement of services to ensure that the employment status has been determined in line with the IR35 Reforms, Status Determination Statements are produced and issued for all PSC arrangements and that relevant documentation is retained and is accessible for audit purposes. Code of Financial Practice 11 – Contracts for Supplies, Services and Works Contracts Register The Corporate Procurement Unit (CPU) will maintain a record of all contracts held over the value of £10,000 on the Council’s Corporate Contract Register. The Corporate Register includes the following information: • Contract Award date • Contract Title • Successful contractor(s) • Contract Estimated Value • Contract Start & End dates (excluding optional extensions) • Period of extension 350
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10/09/2026 Page 19 of 22 [PUBLIC] The Corporate Register will be published on the Council’s external website. Variations to Capital Contracts All instructions to contractors on project work will be issued by the responsible officer using the appropriate official variation order procedure or via a formal Architect’s Instruction (AI) If it becomes apparent after the start of a project that it will be over or under spent by 0.5% or more, or if the phased expenditure for the current year is likely to vary significantly, it will be the duty of the appropriate Head of Service to report such variation immediately to the appropriate Directorate Project Board and thereafter to the Capital Programme and Asset Group (CPAG). Thereafter, an update will be provided to Cabinet on the action taken. Claims from Contractors Claims from contractors in respect of matters not clearly within the terms of any existing contract will be referred to the appropriate Service Executive Director, Head of Democratic Services for consideration of the Council’s liability and to the Head of Finance for consideration before a settlement is reached. Delay of Contract Where completion of a contract is delayed it will be the duty of the responsible officer in consultation with the Head of Democratic Services to take appropriate action in respect of any claim for liquidate or other damages. Interim Payment Interim payments to contractors will be certified by the authorised officers responsible for the control and supervision of the work. Procurement Guidance/Procedures All matters relating to contracts should be conducted in accordance with the following Council Documents and other guidance that may be issued by the Council’s Corporate Procurement Unit and Head of Democratic Services. • Standing Orders Relating to Contracts • North Ayrshire Council Procurement Manual • Appropriate terms and conditions relating to the specific contract • HR Policy & Procedure: Engaging Agency Workers and Personal Service Companies Code of Financial Practice 12 – Assets Asset Registers Detailed registers of the Council’s assets will be maintained as follows: • Housing properties – Head of Housing & Public Protection • Other properties – Head of Sustainability, Transport & Corporate Property • Fleet – Head of Sustainability, Transport & Corporate Property • Open spaces - Head of Neighbourhood Services 351
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10/09/2026 Page 20 of 22 [PUBLIC] • Roads - Head of Neighbourhood Services • ICT – Head of People and ICT Title Deeds The Head of Democratic Services will have custody of all title deeds under secure arrangements. Capital Accounting Register The Head of Finance will maintain a register of all assets owned by the Council recording for each one the type of asset, asset value, asset life and depreciation policy. The information recorded in the fixed asset register will be subject to a de minimis asset value to be determined from time to time by the Head of Finance. The details contained within the fixed asset register will be reconciled annually with the asset registers. Code of Financial Practice 13 – Stores and Inventories Custody of Stores and Stocktaking Arrangements made by Heads of Service for costing and stock control systems will be subject to the approval of the Head of Finance. The care, custody and level of stores and equipment in any Service will be the responsibility of the appropriate Head of Service who will ensure that: • stocktaking is carried out at regular intervals. • all obsolete or excess stock or scrap material is identified and disposed of in accordance with the Standing Orders relating to Contracts and the Scheme of Delegated Functions. All stock write-offs will be notified to the Head of Finance. Heads of Service will supply the Head of Finance with a certificate within timescales laid down that states the financial value of stocks held at the year-end. Inventories Each Head of Service will ensure that inventories will be maintained at locations used by their staff. Inventories will be maintained in accordance with the inventory procedures issued by Internal Audit. 352
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10/09/2026 Page 21 of 22 [PUBLIC] Appendix 1 – Definition of Subjective and Objective Expenditure and Income Heads Subjective Expenditure Heads • Employee Costs • Property Costs • Supplies and Services • Transport and Plant Costs • Administration Costs • Other Agencies & Bodies • Transfer Payments • Other Expenditure • Capital Financing Costs Subjective Income Heads • Grants, Subsidies and Contributions • Sales, Fees and Charges • Other Income Objective Expenditure Heads Corporate Services • Chief Executive • Democratic Services o Legal & Licensing o Policy, Performance & Elections o Communications o Civil Contingencies o Committee Services o Member Services o Information Governance o Ayrshire Area Support Team • Finance o Change Programme o Audit, Fraud, Safety & Insurance o Corporate Procurement o Financial Services o Revenues o Transformation • People and ICT o Employee Services o Human Resources and Organisational Development o ICT o Business Support o Customer Services Education • Early Years Education** • Primary Education** • Secondary Education** • Additional Support Needs** 353
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10/09/2026 Page 22 of 22 [PUBLIC] • Central Education • Pupil Equity Fund • Attainment Challenge • Facilities Management • Employability and Skills Place • Neighbourhood Services o Roads o Streetscene o Waste Resources • Economic Development o Economic Policy o Business o Growth & Investment • Sustainability, Transport and Corporate Property o Property Management & Investment o Housing Assets & Investment o Property Maintenance o Property Running Costs o Energy & Sustainability o Internal Transport Communities & Housing • Housing & Public Protection • Building Services • Works Scoping and Quality Assurance • Property Governance • Planning Services • Protective Services • Other Housing • Connected Communities • Regeneration Health and Social Care • All Other Corporate Items • Joint Boards • Other Corporate Costs • Financing Charges ** Virement within these objective heads in Education will be subject to the conditions of the Council’s approved Scheme of Delegation to Schools. 354
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NORTH AYRSHIRE COUNCIL 16 September 2026 North Ayrshire Council Title: Committee Timetable January – May 2027 Purpose: To invite the Council to consider a timetable of meetings of the Council and its committees for the period from January 2027 until the conclusion of the current Administration. Recommendation: That the Council agrees: (a) to approve the draft committee timetable for the period January – May 2027 set out at Appendix 1; and (b) to note that any ad hoc or Special Meetings will be intimated separately to Members. 1. Executive Summary 1.1 The Council sets a timetable of committee meetings for each calendar year. The appendix to this report proposes a timetable for the period January – May 2027, until the conclusion of the current Administration. 2. Background 2.1 The proposed timetable of meetings set out at Appendix 1 incorporates six-weekly meetings of the Council, as well as Cabinet, standing committees of the Council and meetings of the Policy Advisory Board. 2.2 The draft timetable has been revised to reflect the date of the final Council meeting, scheduled to be held on 24 March 2027. 2.3 Recess periods have been included for Easter and the Local Government Elections. Any further recess required as the result of an electoral event will be added in due course and any Council/committee meetings rescheduled as necessary. 2.4 Dates for the Integration Joint Board (and IJB PAC) are provisional, to be formally agreed by the IJB. An indicative date for the Special Meeting of Council to consider the budget is included for information only at this stage, with arrangements to be finalised in due course. Agenda Item 11 355
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2.5 The proposed timetable does not include the following meetings which will be intimated separately to Members: • the Ayrshire Regional Economic Joint Committee (and Partnership Board) and the Ayrshire Shared Services Joint Committee, which set their own meeting dates; • the six Locality Partnerships, which take place in the early evening on a quarterly basis; • the Local Development Plan Committee, Staffing and Recruitment Committee, and Special Council (Planning), which meet on an ad hoc basis, as required; • any Special Meetings of the Council and its committees which may be required, including meetings to consider Cabinet Call In requests. 3. Proposals 3.1 The Council is invited: (a) to approve the draft committee timetable for the period January – May 2027 set out at Appendix 1; and (b) note that arrangements for Locality Partnership meetings, joint committees and any ad hoc or Special Meetings will be intimated separately to Members. 4. Implications/Socio-economic Duty Financial 4.1 None arising from the recommendations of this report. Human Resources 4.2 None arising from the recommendations of this report. Legal 4.3 None arising from the recommendations of this report. Equality/Socio-economic 4.4 None arising from the recommendations of this report. Climate Change and Carbon 4.5 None arising from the recommendations of this report. Key Priorities 4.6 None arising from the recommendations of this report. Community Wealth Building 356
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4.7 None arising from the recommendations of this report. Islands Communities Impact Assessment (ICIA) 4.8 None arising from the recommendations of this report. United Nations Rights of the Child (UNCRC) 4.9 None arising from the recommendations of this report. Consumer Duty 4.10 None arising from the recommendations of this report. 5. Consultation 5.1 Group Leaders and Independent Members have been consulted on the proposed timetable. 5.2 Consultation has also taken place with Services of the Council on the proposed meeting dates. In particular, efforts have been made to ensure that the timing of relevant meetings of the Cabinet, Audit and Scrutiny and Council align as far as possible with accounting period requirements. Aileen Craig Head of Democratic Services For further information please contact Hayley Young, Senior Committee Services Officer, on 324136. Background Papers None 357
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Committee Timetable January – May 2027 Meeting Cycle 1 Week Beginning Monday Tuesday Wednesday Thursday Friday 4 January Public Holiday 11 January 10.00 a.m. Licensing Committee 18 January 2.30 p.m. Cabinet Pre-Agenda 2.00 p.m. Planning Committee 2.15 p.m. Local Review Body 10.00 a.m. Appeals Committee (if required) 2.00 p.m. Audit & Scrutiny Pre- Agenda 25 January 2.30 p.m. Cabinet (Education) 10.00 a.m. Audit & Scrutiny 1 February 10.00 a.m. Policy Advisory Panel 10.00 a.m. Licensing Committee 8 February 2.00 p.m. Council Pre-Meeting (Provost & Group Leaders) 2.00 p.m. Council 10.00 a.m. IJB Meeting Cycle 2 Week Beginning Monday Tuesday Wednesday Thursday Friday 15 February 2.00 p.m. Planning Committee 2.15 p.m Local Review Body 10.00 a.m. Appeals Committee (if required) 22 February 2.30 p.m. Cabinet Pre-Agenda 2.00 p.m. Special Council (Budget) 1 March 2.30 p.m. Cabinet 10.00 a.m. Licensing Committee 2.00 p.m. Audit & Scrutiny Pre- Agenda 8 March 2.00 p.m. Police & Fire & Rescue Committee 2.00 p.m. Planning Committee 2.15 p.m Local Review Body 10.00 a.m. Audit & Scrutiny 2.00 p.m. IJB 10.00 a.m. IJB PAC 15 March 10.00 a.m. Appeals Committee (if required) 22 March 2.00 p.m. Council Pre-Meeting (Provost & Group Leaders) 2.00 p.m. Final Council Meeting Good Friday Public Holiday 29 March Easter Monday Public Holiday Easter Recess & School Hols Easter Recess & School Hols Easter Recess & School Hols Easter Recess & School Hols 358
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Week Beginning Monday Tuesday Wednesday Thursday Friday 5 April School Hols School Hols School Hols School Hols School Hols 12 April Election Recess Election Recess Election Recess Election Recess Election Recess 19 April Election Recess Election Recess Election Recess Election Recess Election Recess 26 April Election Recess Election Recess Election Recess Election Recess Election Recess 3 May Public Holiday Election Recess Election Recess Local Government Elections 359
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NORTH AYRSHIRE COUNCIL 16 September 2026 North Ayrshire Council Title: Reducing Misogyny in Schools Purpose: To respond to Council’s request that consideration be given to the adoption of a policy to reduce misogyny in schools. Recommendation: It is recommended that the Committee: 1. Notes the contents of this report and the evidence presented regarding the prevalence and impact of misogyny within North Ayrshire schools. 2. Agrees that the Education Service will develop a formal policy on reducing misogyny in schools, subject to a full Equality and Children’s Rights Impact Assessment (ECRIA), in line with Council direction. 1. Executive Summary 1.1 The Scottish Government define misogyny as a way of thinking that upholds the primary status of men and a sense of male entitlement, while subordinating women and limiting their power and freedom. Conduct based on this thinking can include a range of abusive and controlling behaviours including rape, sexual offences, harassment and bullying, and domestic abuse. (SG Working Group on Misogyny, 2022). In simple terms, misogyny is hatred, prejudice, or aversion towards women and girls, often manifesting as discrimination, humiliation, coercion, or violence against them, and can also refer to systems where women face hostility due to their gender. It's rooted in the belief that women are inferior to men and involves devaluing women, objectifying them, and reinforcing societal structures where women are in a subordinate position. 1.2 This report outlines national and local responses to increasing concerns about gender- based violence (GBV), misogynistic attitudes, and unhealthy relationships affecting children and young people in Scottish schools. 1.3 Following the publication of Preventing and Responding to Gender Based Violence: A Whole School Framework (Scottish Government, 2024), a range of programmes and interventions have been implemented across North Ayrshire to promote gender equality, support healthy relationships, and reduce incidents of GBV in educational settings. Agenda Item 12 361
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1.4 Members are asked to note the volume of work currently taking place within educational establishments and to support the planned work for the next period, which includes developing a strategic local approach to addressing misogyny, which will include a robust Service Operating Procedure, strengthening quality assurance, expanding professional learning, and working closely with partners to enhance multi-agency responses. 2. Background 2.1 National research—including the Rise Report (Supporting young women facing abuse in their intimate relationships) and the Behaviour in Scottish Schools Research 2023— highlights an increase in misogynistic attitudes and language within Scottish education. This trend reflects a wider global context, and addressing these concerns aligns with international commitments, including Sustainable Development Goal 5: Gender Equality and the United Nations Convention on the Rights of the Child (UNCRC). Nationally, Scotland has recognised misogyny as a growing societal concern impacting children and young people, particularly through social attitudes, peer cultures, and online environments. In response, the Scottish Government has developed a series of initiatives aimed at challenging misogynistic behaviours, promoting gender equality, and equipping educators with the tools to address harmful attitudes. A key part of the national response includes the Scottish Government’s misogyny campaign, informed by evidence from young people across Scotland. Young people reported witnessing misogyny regularly in school settings, often in subtle forms that go unnoticed by staff, and highlighted the influence of anonymous online platforms where misogynistic content can circulate. The campaign emphasises: • Raising awareness of misogyny and its impact on wellbeing and equality. • Encouraging proactive intervention by school staff, supported by improved professional learning and training. • Tackling online misogyny by strengthening digital literacy and critical thinking. • Amplifying young people’s voices in shaping national strategies, consistent with Scotland’s commitment to the UNCRC, particularly Articles 2 and 12. • Supporting multi-agency approaches to address gender-based harms. 2.2 Through facilitated focus groups, young people in North Ayrshire told us that they witness misogyny once or twice a week, that girls are often judged by boys for picking certain school subjects like Physics and that whilst they recognise misogynistic attitudes, they are not familiar with the term. They told us that the perpetrators do this discreetly so that teachers are not aware, but that teachers should address this more often and need more training on the subject. Furthermore, they described their experiences of social media where perpetrators are afforded anonymity. Colleagues in Youth Services conducted interviews with 11–16-year-olds to identify their views on male and female roles in society. Young people still in primary school (age 11-12) still held views of being able to be whoever they wanted to be and held the ‘can do anything’ belief, regardless of sex. There was an acute change in mindset as young people headed into teen years, where awareness of barriers and gender stereotypes were very much in play. There was evidence of a gender stereotype that 362
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affects young people academically, which can lead to young people internalising beliefs that in turn affects personal choices on what they can, or can’t, do in terms of subject choice and future employment. 2.3 The Education Service Information Recording System (SEEMiS) is used to record all equality and bullying incidents with recording of Gender Based Violence (GBV) and misogynistic incidents built into the module. Whilst records for this session currently show no reports of incidents of this nature, there are 82 incidents of name calling, teasing, verbal put downs or threatening language and a further 22 of abusive messages online. Further training and analysis would be required to understand if these are of a gendered nature. 2.4 Relationships, Sexual Health and Parenthood (RSHP) education is a statutory component of the Health and Wellbeing curriculum, providing children and young people with factual, balanced and age-appropriate learning that supports positive relationships. North Ayrshire Council (NAC) establishments are encouraged to use the national RSHP resource to ensure consistent delivery of lessons on gender stereotypes, consent, relationships and abuse. Denominational schools continue to implement Called to Love and God’s Loving Plan, which emphasise respectful, loving relationships. The recently released Scottish Government guidance on the delivery of RSHP in Scottish schools supports schools to embed RSHP education under 4 key thematic outcomes • Consent and Healthy Relationships • Faith and Belief • Gender Equality Education • LGBT Inclusive Education In addition to RSHP education, schools have access to a range of national resources hosted on Education Scotland’s platform, including: • RSHP materials for early years, schools, colleges and community learning • A summary of RSHP resources to support professional development 2.5 To complement the core RSHP education offer, we utilise a number of approaches within establishments, examples include – Mentors in Violence Prevention (MVP) a national peer-mentoring and bystander-training programme which forms an integral part of the Health and Wellbeing Programme in all our Secondary Schools. Its purpose is to help young people recognise, prevent and challenge gender-based violence, bullying, and abusive behaviour. This programme has been in place in North Ayrshire since 2021 and to date around 100 education staff and partners (e.g. Campus Police Officers, Community Learning Development Staff, Youth Workers and Women’s Aid staff) have been trained. This session, over 100 young people have trained as peer mentors delivering sessions to younger pupils through the PSE curricular offer. The resources include explicit materials to address misogynistic attitudes. Education and Youth Services staff both utilise the ‘Imagine a Man’ toolkit which focuses on approaches to support boys and young men explore masculinity. All North Ayrshire Secondary Schools are signed up to the Equally Safe at School Programme (ESAS). ESAS was developed in partnership with schools to help prevent 363
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and tackle gender-based violence (GBV). It is a whole school approach, which supports schools to embed a set of holistic measures across every aspect of school life. Implementation of the intervention enables schools to continually build and reinforce messages that challenge violence and promote gender equality – across the curriculum, in everyday interactions between staff and students, in policies and procedures and in the culture and ethos of the school community. Recent research by the ESAS team highlights rising concerns about a ‘crisis of masculinity’ and growing reports of misogyny in schools, the programme will evolve to ensure addressing misogyny is integral to delivery. In recognition that misogynistic attitudes can develop at an early developmental stage, there is a strong case for practitioners in the Early Years and in primary school settings to understand the nature of gender-based violence, recognise how social attitudes can contribute and know how they can act to help prevent and respond to gender-based violence. Plans for development of a professional learning opportunity for targeted primary and early years staff are well underway. 3. Proposals 3.1 The education service proposes to strengthen approaches to addressing misogyny in schools through focussed work in 5 key areas. A. Policy and Governance • Review and update anti-bullying and safeguarding policies to explicitly address misogyny and gender-based violence. • Ensure reporting mechanisms for misogynistic incidents are clear, confidential, and accessible for pupils and staff. • Utilise our Supporting Relationships and Behaviour Service Operating Procedure to ensure children and young people have the skills to develop healthy, respectful relationships. • Audit existing curricular materials to ensure approaches to tacking misogyny are explicit B. Prevention and Education • Support education staff to meet their statutory requirement to deliver RSHP Education at all curricular levels. • Support establishments to implement the Gender-Based Violence in Schools Framework and integrate its principles into school improvement plans. • Deliver curriculum interventions on gender equality, healthy relationships, and digital literacy (including online misogyny and incel culture). • Continue to use Education Scotland’s MVP programme to empower pupils as peer mentors to challenge harmful attitudes. C. Staff Training and Support • Provide professional learning on identifying and addressing misogyny, including online harms. • Ensure all staff have a clear understanding of their professional responsibilities is identifying and responding to this type of behaviour and content. 364
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D. Pupil Engagement • Actively engage with learners in developing curricular materials to support learning in this area. • Create safe spaces for pupils to discuss gender issues and report concerns. • Involve pupils in campaigns and peer-led initiatives promoting respect and equality. E. Monitoring and Accountability • Record all incidents of misogyny and review data regularly to inform interventions. 4. Implications/Socio-economic Duty Financial 4.1 None. Human Resources 4.2 None. Legal 4.3 There are legal implications associated with this proposal. The policy contributes to the Council’s statutory duties under the Equality Act 2010 to eliminate discrimination, advance equality of opportunity, and foster good relations, particularly in relation to sex-based discrimination. An Equality and Children’s Rights Impact Assessment (ECRIA) will be completed to ensure compliance with the Equality Act 2010, the Fairer Scotland Duty (2018), and obligations under the United Nations Convention on the Rights of the Child (UNCRC). No additional legal risks have been identified. Equality/Socio-economic 4.4 No negative equality or socio-economic impacts have been identified. Instead, the proposals are expected to advance equality of opportunity for girls and young women, improve wellbeing for all pupils, and contribute to the Council’s wider work on reducing gender-based violence and promoting UNCRC Articles 2 and 12. Climate Change and Carbon 4.5 None. Key Priorities 4.6 These proposals should help support – Wellbeing - Using our assets to support wellbeing in local communities. 365
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Community Wealth Building 4.7 There are no direct Community Wealth Building implications arising from this proposal. The policy does not relate to procurement, local economic participation, or community benefit activity. While there are no direct Community Wealth Building implications, the proposals may support wider wellbeing outcomes for children and young people, which contribute to the aims of the Local Outcomes Improvement Plan. Islands Communities Impact Assessment (ICIA) 4.8 None. United Nations Rights of the Child (UNCRC) 4.9 Addresses UNCRC Article 2 – Non discrimination Article 12 – Right to be heard Consumer Duty 4.10 None. 5. Consultation 5.1 Education staff facilitated a focus group with young people aged 14/15, colleagues in youth services conducted a series of interviews with 11–16-year-olds to gather their views. Sam Anson Executive Director (Education) For further information please contact Eilidh James, Quality Improvement Officer, on eilidhjames@north-ayrshire.gov.uk. Background Papers 0 366
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Version: 7.0 North Ayrshire Council Equality & Children’s Rights Impact Assessment (Full Form) Please Note: Before you begin, is this version the most up to date? You can download the most recent version on Connects. Screenings and ECRIAs should be included with relevant Committee Reports and may be published on our website. Introduction This form will assist in carrying out an Equality Impact Assessment and where appropriate, Socio-Economic, Children’s Rights, Island Communities and Consumer Duty Impacts of new, revised and existing policies and practices. Guidance on how to complete assessments is given in the Council’s Equality and Children’s Rights Impact Assessment Toolkit. The form is mandatory and must be published on the Council website once the policy or practice has been approved. 1. General Details 1.1 Directorate/Service: Education: Section: Education 1.2 Name of Policy, Practice of Proposal being assessed: Reducing Misogyny in Schools Please delete whichever statements are not applicable from the highlighted text below: This is a new proposal. Please insert Budget Reference number (if applicable) N/A 1.3 List of participants in the assessment Eilidh James, Quality Improvement Officer Lindsay Morris, Executive Manager (Education) 1.4 Manager responsible for the impact assessment Name: Andrew McClelland Designation: Chief Education Officer / Head of Service (Education) 1.5 Timetable (should be started during the development phase of the proposal) 367
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Version: 7.0 Date Assessment Started: April 2026 Interim Review Date: August 2026 Final sign off by Head of Service at the end of the form. 2. Aims and Relevance 2.1 What is the purpose of the policy practice or proposal? The proposal seeks to strengthen the Education Service approach to reducing misogyny in schools through improvements in policy and governance, prevention and education, staff training, pupil engagement, and monitoring and accountability. The proposal aims to promote gender equality, support healthy relationships, reduce misogynistic behaviour and gender-based violence, and ensure schools provide safe, respectful and inclusive learning environments for all children and young people. 3. Equality and Diversity 3.1 What evidence were you able to access about the relevant needs of protected groups as outlined in section 3.3 below (Please include your sources – links to equality providers and evidence can be found in both the toolkit and the Promoting Equality Page on Connects). • Scottish Government guidance on preventing and responding to gender-based violence in schools. • Research including the Rise Report and Behaviour in Scottish Schools Research 2023. • North Ayrshire focus groups with young people who reported witnessing misogyny in schools and social media environments. • Youth Services interviews with young people aged 11-16 regarding gender stereotypes and societal expectations. • SEEMiS incident data relating to equality and bullying incidents. • Existing educational approaches including RSHP, Mentors in Violence Prevention, Imagine a Man and Equally Safe at School. 3.2 Are there any gaps in your evidence or areas of uncertainty? Current SEEMiS data records 3 incidents specifically categorised as misogyny or gender-based violence, although related incidents such as verbal abuse and online harassment are recorded. Further analysis and staff training may improve identification and recording. Continued engagement with learners and stakeholders will strengthen the evidence base. 3.3 From the list of protected characteristic groups identified in section 3.3, please identify any potential positive and negative impacts on any of these protected characteristics. 368
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Version: 7.0 Protected Characteristic Impact on the Protected Characteristic? (yes, no, not applicable) Please Explain (Positive or Negative or Neutral) Age - Older people, children and young people – please identify which categories will be affected Yes Children and young people are the main beneficiaries. Age and stage appropriate approaches will support learners at different developmental stages. Disability - Physical and Learning Yes Improved approaches to reporting and support may benefit learners with additional support needs. Accessible resources and approaches will be required. Gender reassignment - When a person is living in a gender other than their birth gender. Yes The proposal supports respectful environments and challenges stereotyping and prejudice. LGBT learners may benefit from reduced discrimination and improved inclusion. Pregnancy and Maternity Yes No direct impact identified, however improved culture around respect and gender equality may support inclusion. Race, ethnicity, colour, nationality or national origins (including gypsy/ travellers, refugees and asylum seekers) Yes The policy promotes respectful relationships for all learners and should support those who may experience intersecting discrimination. Religion or belief (includes religious and philosophical beliefs, including no belief) Yes Materials will require sensitive implementation in faith contexts whilst maintaining equality and rights-based principles. 369
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Version: 7.0 Protected Characteristic Impact on the Protected Characteristic? (yes, no, not applicable) Please Explain (Positive or Negative or Neutral) Sex - Women and Men Yes Girls and young women are expected to benefit significantly through reduced misogyny, harassment and gender stereotyping. Boys and young men will benefit through learning that promotes positive masculinity and respectful relationships. Sexual Orientation – such as lesbian, gay and bisexual people. Yes Supports LGBT-inclusive education and recognises intersectional discrimination. Marriage and Civil Partnership - this includes same sex couples No No direct impact identified. Human Rights Yes Supports rights to safety, dignity, equality and non-discrimination. Care Experienced - This term refers to anyone who is currently in care or has been for any length of time regardless of their age and includes Kinship Care (other family members); Looked After at Home (with support from social work); Residential Care; Foster Care; Secure Care; Adoption. Yes Improved safeguarding, supportive relationships and safe reporting routes will provide additional benefits for vulnerable learners. 370
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Version: 7.0 Protected Characteristic Impact on the Protected Characteristic? (yes, no, not applicable) Please Explain (Positive or Negative or Neutral) Other - Homelessness, ex-offenders, carers, part-time workers Yes Improved access to support and safer school environments may benefit carers, young people affected by poverty and other vulnerable groups. 3.4 Describe any consultation or engagement undertaken, including details of the groups involved and the methods used. • Focus groups with young people aged 14-15 within North Ayrshire schools. • Youth Services interviews with young people aged 11-16. Further consultation is planned with: • Children and young people across primary and secondary schools. • Parents and carers. • School leaders and staff. • Trade unions. • Youth Services and CLD. • Women's Aid. • Campus Police Officers. • Educational Psychology. • Equality and rights partners. Questions 3.5 to 3.7 refer to the ‘Three Key needs (or aims) of the Equality Duty’ 3.5 Which aspects of the policy eliminate unlawful discrimination, harassment and victimisation? The proposal explicitly seeks to challenge misogyny, gender-based violence, harassment, harmful gender stereotypes and online abuse through policy development, curriculum interventions, staff training, reporting mechanisms and pupil engagement. 371
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Version: 7.0 3.6 Which aspects of the policy advance equality of opportunity between people who share a relevant protected characteristic and those who do not? The proposal promotes gender equality, supports healthy relationships, increases access to support, and improves consistency in addressing discrimination and harassment. 3.7 Which aspects of the policy foster good relations between people who share a protected characteristic and those who do not? (Does it tackle prejudice and promote a better understanding of equality issues). The proposal promotes respectful relationships, positive masculinity, peer mentoring, equality awareness and learner engagement to improve relationships and understanding between groups. 3.8 If you have identified any negative impacts of your proposal how will you mitigate these? We do not anticipate any negative impacts through this proposal. However, if any do emerge as we implement the policy we would look to mitigate them through: • Accessible reporting routes. • Professional learning for staff. • Adapted materials for learners with additional support needs. • Ongoing consultation with diverse groups. • Clear communications emphasising safety, dignity and equality for all learners. 3.9 Is the policy or practice intended to promote equality by permitting positive action or lead to positive outcomes for people based on a protected characteristic? Yes. The proposal is intended to advance equality of opportunity, reduce sex- based and gender-based discrimination, challenge misogynistic attitudes, and improve outcomes for girls and young women while benefiting all learners. 4. Section 4 – The Fairer Scotland Duty The Fairer Scotland Duty (‘the Duty’), Part 1 of the Equality Act 2010 places a legal responsibility on the Council to actively consider (‘pay due regard to’) how we can reduce inequalities of outcome caused by socio-economic disadvantage when making decisions. 4.1 Does the proposal have the potential to have a significant impact on inequalities of outcome caused by socio-economic disadvantage? (Consider low income; low wealth; material deprivation; area deprivation; communities of place or interest, socio-economic background). 372
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Version: 7.0 Please delete whichever statement is not applicable from the highlighted text below: No, the proposal does not have the potential to have a significant impact on inequalities of outcome caused by socio-economic disadvantage. 4.2 Low Income/Income Poverty: Cannot afford to maintain regular payments such as bills, food and clothing N/A 4.3 Low/and or no wealth: Having enough money to meet basic living costs and pay bills but have no savings to pay for any unexpected spends and no provision for the future. N/A 4.4 Material Deprivation: Being unable to access basic goods and services, i.e. financial products like life insurance, repair/replace broken electrical goods, warm home, leisure/hobbies N/A 4.5 Area Deprivation: Where you live (rural areas), where you work (accessibility of transport. N/A 4.6 If impacts have been identified how will these be mitigated or explored in more detail? (please outline below) N/A 5. Section 5 – Children’s Rights When considering the Children’s Right’s Impact process, some of the key considerations include any evidence, research and consultation (specifically including any consultation or engagement with young people). 5.1 Are any Children’s Rights impacted by this proposal? (please refer to Appendix 1 of this document, where the Children’s Rights Articles have been matched against the Getting It Right For Every Child (GIRFEC) wellbeing indicators. This is solely to make it easier to identify which rights might be impacted on; the Rights are the key element of this section). Please delete whichever statement is not applicable from the highlighted text below: Yes, there are Children’s Rights impacted by this proposal. Groups include: • Girls and young women. 373
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Version: 7.0 • Learners experiencing gender-based harms. • Learners with additional support needs including care experienced learners. • LGBT learners. • Minority ethnic learners. • Learners affected by poverty. 5.2 Please indicate, if possible, how many children and young people (nearest estimate) are likely to be affected by the policy or measure? There are approximately 18,000 children and young people within school education across North Ayrshire. 5.3 Are some children and young people more likely to be affected than others? Please delete whichever statement is not applicable from the highlighted text below: Yes, some children and young people are more likely to be affected than others. . If, Yes what groups? (Consider protected characteristics – for example disabled young people, LGBT etc.) • Girls and young women. • Learners experiencing gender-based harms. • Learners with additional support needs including care experienced learners. • LGBT learners. • Minority ethnic learners. • Learners affected by poverty 5.4 What Children’s Rights are likely to be affected by the policy/proposal? Please refer to Table 2 (Appendix 1) ‘Links between Wellbeing Indicators and Articles of the UNCRC’ and insert the relevant rights and indicators in the table below. Wellbeing indicator (for example, safe, healthy etc.) Children’s Right (for example, 22 – refugee children) Safe 9, 19, 34, 35 Healthy 3, 6, 24 374
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Version: 7.0 Wellbeing indicator (for example, safe, healthy etc.) Children’s Right (for example, 22 – refugee children) Achieving 4, 29 Nurtured 4, 27 Active 3, 31 Respected 2, 3, 4, 8, 12, 13, 14, 16, 17, 30 Responsible 3, 12, 14, 15 Included 3, 6, 23 5.5 What likely impact will the policy/proposal have on Children’s Rights and Wellbeing? Either Positive, Negative or Neutral. Children Rights Positive Other Protected Characteristics Positive 5.6 Describe any consultation or engagement that has taken place with young people? See paragraph 3.4 5.7 If negative impacts are identified how will these be mitigated either fully or in part? N/A 375
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Version: 7.0 6. Section 6 – Island Communities Impact (or Island Proofing) Island Proofing is about considering the particular needs and circumstances of island communities when public sector organisations exercise their functions and make decisions. This has been added to the process of assessing the Council Plan and includes a range of issues such as access to services, digital connectivity, employment and access to education, transport and access to goods and services. 6.1 Do the intended outcomes of the proposal potentially differ or have a different impact for our Island Communities? Please delete whichever statement is not applicable from the highlighted text below: No, the intended outcomes of the proposal do not potentially differ or have a different impact for our Island Communities. 6.2 Please describe the potential impacts for our Island Communities. N/A 6.3 Please explain if the impacts are different for communities on different islands? N/A 6.4 What consultation or engagement has taken place with our Island Communities? None to date but ongoing engagement is planned during the implementation phase. 6.5 How will you address any potential barriers or wider impacts for our Island Communities as identified through this assessment? N/A 376
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Version: 7.0 7. Section 7 – The Consumer Duty The Consumer Duty is about the impact of Council proposals on consumers in Scotland. A Consumer is an individual or a small business that purchases, uses or receives goods or services in Scotland, that are supplied either by a business or a public body – please see What is the Consumer Duty. 7.1 Will your proposal impact on consumers? Please delete whichever statement is not applicable from the highlighted text below: No, the proposal will not impact on consumers. If no, please request then complete the ‘Assessment not required’ by emailing equalities@north-ayrshire.gov.uk. 7.2 What are the impacts, if any, on consumers in general? Is it likely that consumers will experience harm because of this proposal? None 7.3 Describe the impacts if any, on consumers in vulnerable circumstances. Is it likely that consumers in vulnerable circumstances* will experience harm because of this proposal? (please include any relevant evidence or engagement with consumers) *Vulnerable circumstances may be temporary in nature and may or may not arise as a resulted of a consumer’s protected characteristics. For more information, please see page 31 of Consumer Scotland’s draft guidance on the consumer duty. N/A 7.4 Describe any consultation and engagement that has taken place with consumers around your proposal. N/A 7.5 What alternative proposals could improve outcomes for consumers and/or reduce harm to consumers? How do these compare to the original proposal? N/A 377
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Version: 7.0 8. Section 8 – Crosscutting Impacts 8.1 Have any cross-cutting impacts been identified from other Council Services or Partner Agencies (multiple discrimination or accumulated effects on a protected characteristic group through multiple proposals or existing decisions)? None 8.2 If Crosscutting issues have been identified with other Services, what discussion/interaction has taken place to mitigate any potential negative impacts of accumulated proposals? N/A 9. Section 9 – Outcome of the Assessment 9.1 Please detail the outcome of the assessment: Please delete whichever outcomes are not applicable from the highlighted text below: a) No major alterations to the policy assessed: the Impact Assessment demonstrates the policy is robust and there is no possible discrimination or adverse impact. All opportunities to minimise negative impacts and enhance positive outcomes have been taken. 9.2 For Outcome 2. in section 9.1 above - please detail recommendations, including any action required to address negative impacts identified or to better promote equality. N/A 9.3 If Outcome 3 is chosen from section 9.1 above, please outline the justifications for continuing the policy/procedure. N/A 9.4 Please state the key issues, recommendations and future actions arising from the Integrated Impact Assessment. No immediate challenges or risks have been identified. However, there are steps referenced in Section 3.8 if any do emerge. We plan now to move towards the introduction of the strengthened policy, working with school leadership teams so they understand their own roles within this. In parallel, we will ensure approaches are identified to monitor impacts as the work progresses. This will enable us to understand if the positive impacts that we anticipate are realised in reality and, if they’re not, to consider any alternative steps that may be required. 378
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Version: 7.0 10. Section 10 – Monitoring 10.1 Describe how you will monitor the impact of this policy for example, performance indicators, actions, other monitoring arrangements, who will monitor progress, criteria used to measure if outcomes are achieved, timescales including any future reviews of the impact of the proposal and where this will be recorded. The progress of implementation will be monitored through the Service Improvement Plan 11. Section 11 – Sign Off 11.1 Head of Service approval of the impact assessment. Name: Click or tap here to enter text. Title: Click or tap here to enter text. Date: Click or tap here to enter text. 12. Section 12 – Publication 12.1 Following approval by Head of Service, completed Impact Assessments are published on our Council’s External Website. Please email: equalities@north-ayrshire.gov.uk 379
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Version: 7.0 Appendix 1 - GIRFEC Wellbeing Indicators and Children’s Rights Table 1 - GIRFEC Wellbeing Indicators Indicator Description Safe Protected from abuse, neglect and harm Healthy Having the best possible standards of physical and mental health; support to make healthy, safe choices Achieving Accomplishing goals and thereby boosting skills, confidence and self-esteem; ‘being all they can be’. Nurtured Having a loving and stimulating place to live and grow Active Having opportunities to take part in a wide range of activities Respected Being enabled to understand their world, being given a voice, being listened to, and being involved in the decisions that affect their wellbeing. Responsible Taking an active role within their home, school and community. Included Being a full member of the communities in which they live and learn; receiving help and guidance to overcome inequalities. 380
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Version: 7.0 Articles of the UNCRC matched against the GIRFEC indicators Summary of the UNCRC Articles from 1 – 54 (UNICEF) Table 2 - Links between Wellbeing Indicators and Articles of the UNCRC *Please note in general the use of the term Governments, includes public sector organisations such as the Council, some articles will have stronger relevance for the work of the Council than others. Wellbeing Indicator – Safe There are 12 relevant articles of the UNCRC (Rights of the Child) linked to the Safe indicator. Article 9 – Separation from parents Children must not be separated from their parents against their will unless it is in their best interests (for example, if a parent is hurting or neglecting a child). Children whose parents have separated have the right to stay in contact with both parents, unless this could cause them harm. Article 10 – Family reunification Governments must respond quickly and sympathetically if a child or their parents apply to live together in the same country. If a child’s parents live apart in different countries, the child has the right to visit and keep in contact with both of them. Article 11 - Abduction and non-return of children Governments must do everything they can to stop children being taken out of their own country illegally by their parents or other relatives or being prevented from returning home. Article 19 - Protection from violence, abuse and neglect Governments must do all they can to ensure that children are protected from all forms of violence, abuse, neglect and bad treatment by their parents or anyone else who looks after them. Children and Young People have the right to be kept safe from harm. They must be given proper care by those looking after them. Article 22 - Refugee children If a child is seeking refuge or has refugee status, governments must provide them with appropriate protection and assistance to help them enjoy all the rights in the Convention. Governments must help refugee children who are separated from their parents to be reunited with them. Children and Young People have the right to special help and be allowed to live somewhere that is safe if they are a refugee. 381
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Version: 7.0 Article 32 - Child labour Governments must protect children from economic exploitation and work that is dangerous or might harm their health, development or education. Governments must set a minimum age for children to work and ensure that work conditions are safe and appropriate. If they are under 16 there are laws about where, when and for how long they can work. Article 33 - Drug abuse Governments must protect children from the illegal use of drugs and from being involved in the production or distribution of drugs. Article 34 - Sexual exploitation Governments must protect children from all forms of sexual abuse and exploitation. Children and Young People have the right to never be pressurised or forced into doing anything sexual. They have the right to be protected from it. Article 35 - Abduction, sale and trafficking Governments must protect children from being abducted, sold or moved illegally to a different place in or outside their country for the purpose of exploitation. People should never make them do anything against their will, like marry someone for instance. Article 36 - Other forms of exploitation Governments must protect children from all other forms of exploitation, for example the exploitation of children for political activities, by the media or for medical research. Children and Young People have the right to be protected from being taken advantage of in any way. Article 37 - Inhumane treatment and detention Children and Young People have the right to be treated with respect. If they have committed a crime children should be arrested, detained or imprisoned only as a last resort and for the shortest time possible. They must be treated with respect and care and be able to keep in contact with their family. Children must not be put in prison with adults. They should not be imprisoned unless it is absolutely necessary and they will get legal help. Article 38 - War and armed conflicts Governments must not allow children under the age of 15 to take part in war or join the armed forces. Governments must do everything they can to protect and care for children affected by war and armed conflicts. In Scotland, they have to be 16 to join the armed forces and are not normally allowed to fight until they are 18. 382
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Version: 7.0 Wellbeing Indicator – Healthy There are four relevant articles of the UNCRC (Rights of the Child) linked to the Healthy indicator. Article 3 – Best interests of the child The best interests of the child must be a top priority in all decisions and actions that affect children. Children and Young People have the right to have their interests considered if a decision is being made by any person about them. What is best for them is what matters. Article 6 – Life, survival and development Every child has the right to life. Governments must do all they can to ensure that children survive and develop to their full potential. Children and Young People have the right to be kept safe from harm, they have the right to be alive, survive and develop through life. Article 24 - Health and health services Every child has the right to the best possible health. Governments must provide good quality health care, clean water, nutritious food, and a clean environment and education on health and well-being so that children can stay healthy. Children and Young People have the right to be given good healthcare (if they are ill) so they can get well again. They have the right to live in a safe, healthy environment with good food and clean drinking water. Article 39 - Recovery and rehabilitation of child victims Children who have experienced neglect, abuse, exploitation, torture or who are victims of war must receive special support to help them recover their health, dignity, self-respect and social life. 383
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Version: 7.0 Wellbeing Indicator – Achieving There are four relevant articles of the UNCRC (Rights of the Child) linked to the Achieving indicator. Article 4 – Implementation of the Convention Governments must do all they can to make sure every child can enjoy their rights by creating systems and passing laws that promote and protect Children’s Rights. Children and Young People have the right to have their rights protected and an environment where they can grow up safe. Article 18 - Parental responsibilities and state assistance Both parents share responsibility for bringing up their child and should always consider what is best for the child. Governments must support parents by creating support services for children and giving parents the help they need to raise their children. Article 28 - Right to education Every child has the right to an education. Primary education must be free and different forms of secondary education must be available to every child. Discipline in schools must respect children’s dignity and their rights. Richer countries must help poorer countries achieve this. In Scotland education is free and children three years old+ are entitled to a free nursery place. Some 2 year olds may be eligible for free care depending on family circumstances, such as level of income. Article 29 - Goals of education Education must develop every child’s personality, talents and abilities to the full. It must encourage the child’s respect for human rights, as well as respect for their parents, their own and other cultures, and the environment. It must help to prepare them for adult life. 384
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Version: 7.0 Wellbeing Indicator – Nurtured There are eight relevant articles of the UNCRC (Rights of the Child) linked to the Nurtured indicator. Article 4 – Implementation of the Convention Governments must do all they can to make sure every child can enjoy their rights by creating systems and passing laws that promote and protect children’s rights Children and Young People have the right to have their rights protected and an environment where they can grow up safe. Article 5 - Parental guidance and a child’s evolving capacities Every child has the right to be registered at birth, to have a name and nationality, and, as far as possible, to know and be cared for by their parents. Children and Young People have the right to their parents being responsible to guide them through their childhood and help them learn how to use their rights. Article 9 – Separation from parents Children must not be separated from their parents against their will unless it is in their best interests (for example, if a parent is hurting or neglecting a child). Children whose parents have separated have the right to stay in contact with both parents, unless this could cause them harm. Article 10 – Family reunification Governments must respond quickly and sympathetically if a child or their parents apply to live together in the same country. If a child’s parents live apart in different countries, the child has the right to visit and keep in contact with both of them. Article 18 - Parental responsibilities and state assistance Both parents share responsibility for bringing up their child and should always consider what is best for the child. Governments must support parents by creating support services for children and giving parents the help they need to raise their children. Article 20 - Children deprived of a family If a child cannot be looked after by their immediate family, the government must give them special protection and assistance. This includes making sure the child is provided with alternative care that is continuous and respects the child’s culture, language and religion. Children and Young People have the right to special care if they can’t live with their parents. They may be looked after by other members of their family or by a different family. 385
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Version: 7.0 Article 21 - Adoption Governments must oversee the process of adoption to make sure it is safe, lawful and that it prioritises children’s best interests. Children should only be adopted outside of their country if they cannot be placed with a family in their own country. Article 25 - Review of treatment in care If a child has been placed away from home for the purpose of care or protection (for example, with a foster family, in hospital, a care home or somewhere else away from home), they have the right to a regular review of their treatment, the way they are cared for and their wider circumstances to help make sure they are still getting what’s best for them. Article 27 - Adequate standard of living Every child has the right to a standard of living that is good enough to meet their physical and social needs and support their development. Governments must help families who cannot afford to provide this. Children and Young People have the right to a safe place to live, food, clothing and to take part in things they enjoy. 386
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Version: 7.0 Wellbeing Indicator – Active There are eight relevant articles of the UNCRC (Rights of the Child) linked to the Nurtured indicator. Article 3 - Best interests of the child The best interests of the child must be a top priority in all decisions and actions that affect children. Children and Young People have the right to have their interests considered if a decision is being made by any person about them. What is best for them is what matters. Article 23 - Children with disabilities A child with a disability has the right to live a full and decent life with dignity and, as far as possible, independence and to play an active part in the community. Governments must do all they can to support children with a disability and their families. Children and Young People have the right to have special help to make sure they can join in with things if they have any form of disability. Article 31 - Leisure, play and culture Children and Young People have the right to rest, play and have the chance to join a wide range of artistic and cultural activities. It is really important to they have a balance in their life. 387
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Version: 7.0 Wellbeing Indicator – Respected There are 12 relevant articles of the UNCRC (Rights of the Child) linked to the Nurtured indicator. Article 2 - Non-discrimination The convention that applies to everyone under the age of 18, regardless of circumstances. Article 3 - Best interests of the child The best interests of the child must be a top priority in all decisions and actions that affect children. Children and Young People have the right to have their interests considered if a decision is being made by any person about them. What is best for them is what matters. Article 4 – Implementation of the Convention Governments must do all they can to make sure every child can enjoy their rights by creating systems and passing laws that promote and protect children’s rights. Children and Young People have the right to have their rights protected and an environment where they can grow up safe. Article 5 - Parental guidance and a child’s evolving capacities Every child has the right to be registered at birth, to have a name and nationality, and, as far as possible, to know and be cared for by their parents. Children and Young People have the right to their parents being responsible to guide them through their childhood and help them learn how to use their rights. Article 8 - Protection and preservation of identity Every child has the right to an identity. Governments must respect and protect that right, and prevent the child’s name, nationality or family relationships from being changed unlawfully. Children and Young People have the right to know who they are – official records should be kept. If they are over 16 years old and adopted, they can try to find out who their birth parents are. Article 12 - Respect for the views of the child Every child has the right to express their views, feelings and wishes in all matters affecting them, and to have their views considered and taken seriously. This right applies at all times, for example during immigration proceedings, housing decisions or the child’s day-to-day home life. Children and Young People have the right to speak up and have their opinions listened to and be taken seriously by adults on things that affect them. 388
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Version: 7.0 Article 13 - Freedom of expression Every child must be free to express their thoughts and opinions and to access all kinds of information, as long as it is within the law. Children and Young People have the right to say whatever they believe as long as it does not harm or offend other people. They also have the responsibility to respect the rights and freedom of others. Article 14 - Freedom of thought, belief and religion Every child has the right to think and believe what they choose and also to practise their religion, as long as they are not stopping other people from enjoying their rights. Governments must respect the rights and responsibilities of parents to guide their child as they grow up. Children and Young People have the right to choose their own religion and beliefs. Their parents should help them think about this. Article 16 - Right to privacy Every child has the right to privacy. The law should protect the child’s private, family and home life, including protecting children from unlawful attacks that harm their reputation. They shouldn’t have their personal letters opened or anyone listening in to their personal phone calls. Article 17 - Access to information; mass media Every child has the right to reliable information from a variety of sources, and Governments should encourage the media to provide information that children can understand. Governments must help protect children from materials that could harm them. Children and Young People have the right to access information which is important to their wellbeing. Adults should help them find information they are looking for and make sure it’s not harmful. Article 18 - Parental responsibilities and state assistance Both parents share responsibility for bringing up their child and should always consider what is best for the child. Governments must support parents by creating support services for children and giving parents the help they need to raise their children. Article 30 - The right to learn and use the language, customs and religion of their family Every child has the right to learn and use the language, customs and religion of their family, whether or not these are shared by the majority of the people in the country where they live. 389
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Version: 7.0 Wellbeing Indicator – Responsible There are five relevant articles of the UNCRC (Rights of the Child) linked to the Responsible indicator. Article 3 - Best interests of the child The best interests of the child must be a top priority in all decisions and actions that affect children. Children and Young People have the right to have their interests considered if a decision is being made by any person about them. What is best for them is what matters. Article 12 - Respect for the views of the child Every child has the right to express their views, feelings and wishes in all matters affecting them, and to have their views considered and taken seriously. This right applies at all times, for example during immigration proceedings, housing decisions or the child’s day-to-day home life. Children and Young People have the right to speak up and have their opinions listened to and be taken seriously by adults on things that affect them. Article 14 - Freedom of thought, conscience and religion Every child has the right to think and believe what they choose and also to practise their religion, as long as they are not stopping other people from enjoying their rights. Governments must respect the rights and responsibilities of parents to guide their child as they grow up. Children and Young People have the right to choose their own religion and beliefs. Their parents should help them think about this. Article 15 - Freedom of association Every child has the right to meet with other children and to join groups and organisations, as long as this does not stop other people from enjoying their rights. Article 40 - Juvenile justice A child accused or guilty of breaking the law must be treated with dignity and respect. They have the right to legal assistance and a fair trial that takes account of their age. Governments must set a minimum age for children to be tried in a criminal court and manage a justice system that enables children who have been in conflict with the law to reintegrate into society. Children and Young People have the right to be given legal assistance if they have committed a crime. The Convention also states that they should only be sent to prison if they have committed a serious crime. 390
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Version: 7.0 Wellbeing Indicator – Included There are five relevant articles of the UNCRC (Rights of the Child) linked to the Included indicator. Article 3 - Best interests of the child The best interests of the child must be a top priority in all decisions and actions that affect children. Children and Young People have the right to have their interests considered if a decision is being made by any person about them. What is best for them is what matters. Article 6 - Life, survival and development Every child has the right to life. Governments must do all they can to ensure that children survive and develop to their full potential. Children and Young People have the right to be kept safe from harm, they have the right to be alive, survive and develop through life. Article 18 - Parental responsibilities and state assistance Both parents share responsibility for bringing up their child and should always consider what is best for the child. Governments must support parents by creating support services for children and giving parents the help they need to raise their children. Article 23 - Children with disabilities A child with a disability has the right to live a full and decent life with dignity and, as far as possible, independence and to play an active part in the community. Governments must do all they can to support children with a disability and their families. Children and Young People have the right to have special help to make sure they can join in with things if they have any form of disability. Article 26 - Social security Every child has the right to benefit from social security. Governments must provide social security, including financial support and other benefits, to families in need of assistance. Article 27 - Adequate standard of living Every child has the right to a standard of living that is good enough to meet their physical and social needs and support their development. Governments must help families who cannot afford to provide this. Children and Young People have the right to a safe place to live, food, clothing and to take part in things they enjoy. 391
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