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Agenda Document Pack - Midlothian Council - 26/03/2024

Midlothian Council · 26 March 2024
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Notice of Meeting and Agenda 
Midlothian Council 
Venue:  Council Chambers/Hybrid, 
Midlothian House, Dalkeith, EH22 1DN 
Date:  Tuesday, 26 March 2024 
Time:  10:30 
Executive Director : Place 
Contact:
Clerk Name: Democratic Services
Clerk Telephone:
Clerk Email: democratic.services@midlothian.gov.uk 
Further Information: 
This is a meeting which is open to members of the public.  
Privacy notice: Please note that this meeting may be recorded. The
recording may be publicly available following the meeting. If you would
like to know how Midlothian Council collects, uses and shares your
personal information, please visit our website: www.Midlothian.gov.uk
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1          Welcome, Introductions and Apologies   
2          Order of Business 
Including notice of new business submitted as urgent for consideration at the
end of the meeting. 
3          Declaration of Interest 
Members should declare any financial and non-financial interests they have in
the items of business for consideration, identifying the relevant agenda item and
the nature of their interest. 
4          Deputations 
No items for discussion 
5          Minutes 
No items for discussion 
6          Questions to the Council Leader 
No items for discussion 
7          Motions 
No items for discussion 
8          Public Reports
8.1 Review of the Scheme for the Establishment of Community
Councils, report by Executive Director Children, Young People and
Partnerships
3 - 54 
9          Private Reports 
No items for discussion 
10    Date of Next Meeting 
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Special Meeting of Midlothian Council
Tuesday 26 March 2024
Item No 8.1 
Review of the Scheme for the Establishment of Community Councils 
Report by Fiona Robertson – Executive Director Children, Young People
& Partnerships 
Report for Decision 
1 Recommendations 
It is recommended that Council approves an 8-week public consultation
on the revised Scheme for the Establishment of Community Councils. 
2 Purpose of Report/Executive Summary 
To approve a public consultation on a revision of the Midlothian Scheme
for the Establishment of Community Councils.  This is required to reflect
changes in policy since 2014 and to update the Scheme to reflect the
amended Model Scheme for Community Councils. 
Date February 2024 
Report Contact:
Karen McGowan, Communities Lifelong Learning and Employability Officer 
karen.mcogwan@midlothian.gov.uk 
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3 Background 
3.1 Community Councils (CCs) were first established in Scotland following
the Local Government (Scotland) Act 1973.  Under the Act, each Local
Authority is required to produce a Scheme which provides a framework
for their creation and operation. 
The current Scheme was approved by the Midlothian Council in 2014. 
In the period since the last review, there have been several changes in
legislation, most significantly the Community Empowerment Act
(Scotland) 2015. 
Nationally, the Model Scheme for Community Councils has been
reviewed.  Revised Model Scheme documents, including a Good
Practice Guide, have been published (2023). 
3.2 Areas have been identified where clarity or guidance contained in the
current Scheme can be improved.  A formal review is required so these
matters can be addressed. 
Proposed revisions include: 
• Review and modernisation of the existing scheme for Community
Councils in line with the Good Practice Guidelines for Community
Councils (2023).
• Complaints Process – A review of the Midlothian Community
Councils Complaints procedure.
• Boundary changes – will be considered in the Penicuik, Roslin &
Bilston and Damhead areas due to extensive housing development
in these areas. 
3.3 An initial draft of a revised scheme including the revisions from the new
Model Scheme has been developed.  This now needs to be circulated
for consideration by the Community Councils, third sector groups, and
stakeholder groups so that they can engage in the consultation process. 
4 Report Implications (Resource, Digital and Risk) 
4.1  Resource 
Staff time will be required to promote and support the consultation
process.  It is proposed that this is done jointly by the existing council
and federation representatives within their current workloads. 
4.2 Digital 
There are no digital issues arising from this report. 
4.3 Risk
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3 
Feedback may be received which is not in line with current guidance and
therefore not able to be included within the final scheme. 
4.4 Ensuring Equalities (if required a separate IIA must be completed) 
An equality impact assessment will be required once the decision to
proceed with the review has been agreed. 
4.5 Additional Report Implications (See Appendix A) 
None 
Appendices
Appendix A: Additional Report Implications
Appendix B:  Review of Midlothian Scheme for the Establishment of
Community Councils - Draft Revision Proposal (changes
highlighted in red)
Appendix C: Review of Midlothian Scheme for the Establishment of
Community Councils - Communications Plan
Appendix D:  Review of Scheme for the Establishment of Community
Councils - Process
Appendix E: Review of Midlothian Scheme for the Establishment of
Community Councils - Draft timetable 
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APPENDIX A – Report Implications 
A.1 Key Priorities within the Single Midlothian Plan 
The project objectives meet the objectives of the Single Midlothian
Plan:
• Reduce the economic circumstances gap
• Reduce the gap in learning outcomes
• Reduce the gap in health outcomes
• Reduce carbon emissions in Midlothian to net zero by 2030 
A.2 Key Drivers for Change 
Key drivers addressed in this report: 
Holistic Working 
Hub and Spoke 
Modern 
Sustainable 
Transformational 
Preventative 
Asset-based 
Continuous Improvement 
One size fits one 
None of the above 
A.3 Key Delivery Streams 
Key delivery streams addressed in this report: 
One Council Working with you, for you 
Preventative and Sustainable 
Efficient and Modern 
Innovative and Ambitious 
None of the above 
A.4 Delivering Best Value
No Implications for Midlothian Council 
A.5 Involving Communities and Other Stakeholders 
The revised scheme will be co-produced by Midlothian Council,
Midlothian Federation of Community Councils members, local
Community Council members and local stakeholder groups 
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A.6 Impact on Performance and Outcomes 
Community Councils will be supported to work and engage more
effectively with the communities they represent 
A.7 Adopting a Preventative Approach
Not Applicable 
A.8 Supporting Sustainable Development 
The revised scheme will support the engagement of community
councils and the communities they represent within Midlothian. 
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Midlothian Scheme for the Establishment of Community Councils
(Approved 2023) 
Revisions
Date Revision
November 2023 Previous Scheme Revised       
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Contents
1. INTRODUCTION .................................................................................................................................... 4
2. TITLE ..................................................................................................................................................... 4
3. DEFINITIONS......................................................................................................................................... 4
4. REVIEW AND AMENDMENT OF SCHEME ............................................................................................ 5
5 STATUTORY PURPOSES........................................................................................................................ 5
6 THE RIGHTS AND RESPONSIBILITIES OF COMMUNITY COUNCILS ..................................................... 5
6.1 Planning ...................................................................................................................................... 7
6.2 Licensing ...................................................................................................................................... 7
6.3 Participation Requests ................................................................................................................ 8
7. MIDLOTHIAN FEDERATION OF COMMUNITY COUNCILS ................................................................... 8
8. COMMUNITY COUNCIL ELECTIONS ..................................................................................................... 8
8.1  Returning Officer ........................................................................................................................ 8
8.2 Eligibility ...................................................................................................................................... 8
8.3 Ineligibility ................................................................................................................................... 9
8.4 Elections ...................................................................................................................................... 9
8.5 Nominations ................................................................................................................................ 9
8.6 Process ...................................................................................................................................... 10
8.7 Method of Election ................................................................................................................... 10
8.8 Filling of causal places / vacancies between elections ............................................................. 10
8.9 Filling of Office Bearer Vacancy ................................................................................................ 11
8.10 Co-option to Community Councils ............................................................................................ 11
8.11 Additional Membership ............................................................................................................ 11
9 EQUALITIES......................................................................................................................................... 12
10 DISQUALIFICATION OF MEMBERSHIP ............................................................................................... 12
11 MEETINGS .......................................................................................................................................... 12
12 LIAISON WITH THE LOCAL AUTHORITY ............................................................................................. 13
13 RESOURCING A COMMUNITY COUNCIL ............................................................................................ 14
14 TRAINING ........................................................................................................................................... 15
15 PUBLICITY ........................................................................................................................................... 15
16 LIABILITY OF COMMUNITY COUNCIL MEMBERS AND FEDERATION ............................................... 15
17. AMENDMENT TO THE BOUNDARIES AND COMPOSITION OF COMMUNITY COUNCILS ................ 15
18 DISSOLUTION OF A COMMUNITY COUNCIL ..................................................................................... 16
19 ESTABLISHMENT OR RE-ESTABLISHMENT OF A COMMUNITY COUNCIL......................................... 16
19.1 Nominations .............................................................................................................................. 17
19.2 Process ...................................................................................................................................... 17
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19.3 Method of Elections .................................................................................................................. 17
19.4 Election of Office Bearers ......................................................................................................... 17
APPENDIX A - MEMBER DEFINITIONS & NOMINATION FORM ................................................................. 18
A 1 Community Councillors ............................................................................................................. 18
A 2  Other Members ........................................................................................................................ 18
APPENDIX B – CONSTITUTION GUIDANCE ................................................................................................. 19
APPENDIX C - STANDING ORDERS .............................................................................................................. 23
C.1  Meetings (all held in public, except for private matters as specified in the Constitution) ...... 23
C.2  Minutes ..................................................................................................................................... 24
C.3  Quorum ..................................................................................................................................... 24
C.4  Order of Business ...................................................................................................................... 24
C.5  Order of Debate ........................................................................................................................ 25
C.6  Voting ........................................................................................................................................ 26
C.7  Alteration of Standing Orders ................................................................................................... 26
C.8  Committees ............................................................................................................................... 26
C.9  Suspension of Standing Orders ................................................................................................. 26
APPENDIX D - CODE OF CONDUCT .............................................................................................................. 27
D.1  Service to the Community ........................................................................................................ 27
D.2  Selflessness/Altruism ................................................................................................................ 27
D.3  Integrity ..................................................................................................................................... 28
D.4  Objectivity ................................................................................................................................. 28
D.5  Accountability and Stewardship ............................................................................................... 28
D.6  Openness .................................................................................................................................. 29
D.7  Honesty ..................................................................................................................................... 29
D.8  Leadership ................................................................................................................................. 30
D.9  Respect ...................................................................................................................................... 30
APPENDIX E – COMMUNITY COUNCILLOR NOMINATION FORM .............................................................. 30
APPENDIX F - COMMUNITY COUNCIL AREA MAPS .................................................................................... 33 
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1. INTRODUCTION
Community Councils were first established in Scotland following the Local Government
(Scotland) Act 1973.  Thereafter, the Local Government (Scotland) Act, 1994, which
produced the current system of unitary local authorities, made provision for the
continuation of Community Councils.  Under the legislation, every local community in
Scotland is entitled to petition their local authority to establish a Community Council
in their area. 
The role of Community Councils in Scotland was further strengthened by the
Community Empowerment (Scotland) Act 2015 which identified them as community
participation bodies. 
The Scheme is designed to enable the establishment of Community Councils across
Midlothian to provide a common minimum basic framework governing their creation
and operation. 
2. TITLE
This scheme made under the provisions of Sections 51 and 52 and later amended
under Section 53 of the Local Government (Scotland) Act, 1973 may be cited as the
‘Scheme for the establishment of Community Councils in Midlothian, 2023’. 
3. DEFINITIONS
In this scheme, the following words and expressions shall have the meanings
respectively assigned to them that is to say: -
‘Act of 1973’ means the Local Government (Scotland) Act, 1973.
‘Midlothian Council’ means Midlothian Council constituted by the Act of 1994.
‘Registers of Electors’ means the Registers of Electors prepared and published by the
Electoral Registration Officer in terms of the Representation of the People Act, 1949,
Section 7 (1) (b).
‘Liaison Officer’ means the official Midlothian Council Officer responsible for liaison
with Community Councils.
‘Interim Election’ means an election held outside the regular schedule, for the
purposes of filling vacancies.
‘Scheme’ means the Scheme for Community Councils in Midlothian, 2023
‘Electoral Registers for Community Council areas’ means the part of the full Electoral
Register that relates to the specific Community Council. 
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4. REVIEW AND AMENDMENT OF SCHEME
Midlothian Council, having regard to changing circumstances and to any
representations made to it, shall from time to time review the Scheme and, where it
considers that the Scheme ought to be amended, shall proceed in accordance with the
procedure specified in Section 53 of the Local Government (Scotland) Act 1973, as
amended by the Local Government (Miscellaneous Provisions) (Scotland) Act 1981.
Upon the local authority’s revocation of its existing Scheme for the Establishment of
Community Councils and decision to make a new Scheme, it shall publish a Public
Notice, which shall invite the public to make suggestions as to the content of the
scheme, geographical boundaries, and composition of Community Councils etc. 
Thereafter, a consultation process shall be undertaken prior to its formal adoption by
the local authority. 
5 STATUTORY PURPOSES
The statutory purposes of Community Councils are set out in Section 51 (2) of the
Local Government (Scotland) Act 1973, as follows: -
‘In addition to any other purpose which a Community Council may pursue, the general
purpose of a Community Council shall be to ascertain, coordinate and express to the
local authorities for its area, and to public authorities, the views of the community
which it represents, in relation to matters for which those authorities are responsible,
and to take such action in the interests of that community as appears to it to be
expedient and practicable’ 
6 THE RIGHTS AND RESPONSIBILITIES OF COMMUNITY COUNCILS
Summary
A Community Council, which conforms fully to the Scheme, has rights: 
a. to be consulted, and to make representations about planning applications; 
b. to be recognised as a competent body to comment on licensing applications; 
c. to be recognised as an appropriate body to apply for Midlothian Council funding; 
d. to seek information and assistance from Midlothian Council. 
The general purpose of Community Councils is to act as a voice for their local area. 
This will involve them articulating the views and concerns of local people in their area
on a wide range of issues of public concern and make representations to their local
authority, other public sector bodies, and private agencies. 
It is essential that these views be demonstrated to be accurately representative of the
community.  Community Councils will have recognised consultative mechanisms to
validate their views and devise strategies to secure greater involvement by all sectors
of the community in place.  
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Good Practice Guidance, such as the National Standards for Community Engagement
has been produced to help Community Councils to deliver on these responsibilities. 
Community Councils may carry out other activities that are in the general interests of
the communities they represent, provided these activities fall within the objects of
their Constitution and the terms of the Scheme. 
There should be mutual engagement in the establishment of working relationships
with the local authority, Community Planning Partnership, and other agencies. 
In carrying out their activities Community Councils must at all times adhere to the law,
the terms of the Scheme, their Constitution, and the Community Councillors’ Code of
Conduct (Appendix C Code of Conduct). 
Each Community Council is required to adopt and regularly review their Constitution,
based upon the Model Constitution (in accordance with provisions in Appendix B:
Constitution Guidance), which has been produced for national use, together with
Model Standing Orders (an example is provided in Appendix C: Standing Orders), to
encourage and maintain consistency for all Community Councils and to facilitate their
proceedings being properly structured and regulated, to ensure that items of business
relevant to the community are properly debated and decisions reached in a
democratic manner.  The Community Council’s Constitution is required to be
approved by Midlothian Council.   
Amendments to the Community Council’s Constitution are required to be approved by
the Liaison Officer. 
In order to fulfil their responsibilities as effective and representative, Community
Councils shall: -
• Inform the community of the work and decisions of the Community Council by
posting agendas and minutes of meetings in public places, such as libraries,
notice boards and online, subject to the provisions contained within the Data
Protection Act 1998 and the General Data Protection Regulations (2018),
provide contact details of Community Council members.
• Agendas & draft minutes of Community Council meetings must be presented to
Midlothian Council within 21 days from the date of that meeting and be
circulated to Community Council members, relevant Elected Members, and
other interested parties. 
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• Seek to broaden both representation and expertise by promoting the Associate
Membership role of the Community Council of persons for specific
projects/issues.
• Make particular efforts to encourage young people and other underrepresented
groups to attend/participate in Community Council meetings and to ensure
equality of opportunity in the way the Community Council carries out its
functions.
• Provide contact information including name, email address and website links to
be made publicly available to allow the Community Council to be contacted by
members of the public.  The Community Council should utilise a generic email
address rather than use an officer bearer’s personal email address. 
• Maintain current and accurate financial records and present financial reports at
each Community Council meeting.
• Inform the local authority of any change in membership (resignations, Associate
Membership, etc) and circumstances, as soon as is practicable.  Respond to
enquiries and feedback from the community. 
6.1 Planning
Community Councils will be consulted on the submission of planning applications
for proposed developments that are categorised as being of national or major
scale or of significance to the community.  Community Councillors may also be
invited to attend events held by applicants to inform members of the community
about the development proposed prior to submission of a planning application. 
Community Councils may also request to be consulted on specific applications
once the application has been submitted. 
Once a planning application is submitted, it will be recorded on the weekly list of
applications and the e-planning website compiled by the planning authority and
made available to Community Councils.  If the Community Council wishes to be
consulted on an application not directly referred to it by the planning team, it
must timeously contact the planning officer concerned. 
To support Community Councillors in this role, the Council will make efforts to
brief Community Councillors on new planning legislation when it is enacted. 
Community Councillors should make themselves available to attend such training
sessions where possible. 
6.2 Licensing
From time to time, the Licensing Board will also consult on policy issues and will
notify Community Councils of all new premises licences and major variation
applications. 
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6.3 Participation Requests
Community Councils are a type of community participation body as defined
under the Community Empowerment Act 2015.  As a body, they have the
authority to make participation requests to a public service authority to permit
them to participate in an outcome improvement process. 
7. MIDLOTHIAN FEDERATION OF COMMUNITY COUNCILS
Midlothian Council recognises the Midlothian Federation of Community Councils
(MFCC) as the representative body for Community Councils in Midlothian.  MFCC shall
be governed by its own Constitution; with the proviso, that membership and voting at
MFCC meetings shall be restricted to representative members of the constituent
Community Councils identified in Appendix F only.  
MFCC shall provide a representative to attend and participate in the meetings of the
Community Planning Working Group (CPWG), which is a component of the
Community Planning Partnership (CPP).  A Council representative will attend MFCC
meetings.  MFCC may also have representatives on other bodies as they see fit or are
invited to attend. 
8. COMMUNITY COUNCIL ELECTIONS 
8.1  Returning Officer
The local authority will appoint an Independent Returning Officer.  The
Independent Returning Officer shall be either an Elected Member or a member
of Midlothian Council staff.  The Independent Returning Officer must not be a
current elected member of that Community Council nor intending to stand for
election to that Community Council.
8.2 Eligibility
Candidates aged 18 and over, wishing to stand for election to a Community
Council, must reside in the Community Council area, and be named on the
Electoral Register for that area.  The same criteria shall apply to voters in a
Community Council election. 
16- and 17-year-olds residing in the Community Council area and named on the
Electoral Register for that area are also entitled to both stand for the
Community Council and vote in any election.  In the case of candidates who are
not on the electoral register solely by reason of age, the nomination form must
be accompanied by a declaration, signed by 2 individuals who are named on the
electoral register for the relevant Community Council area in which they reside,
confirming that the nominee is a resident of the same Community Council area. 
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Any Community Council member who no longer resides within that Community
Council area is deemed to have resigned from that Community Council.  Local
authorities can enable community council members who have left the
community council area to remain in place until the next election (full or
interim) should they wish to. 
8.3 Ineligibility
Any individual who is elected to serve on Midlothian Council, or the Scottish, UK
or European parliament shall be ineligible to remain a Community Councillor, or
to stand for election to a Community Council.  Such persons, upon taking office,
become ex-officio members of the Community Councils contained in whole or in
part of their electoral constituency. 
Any individual, who is either the subject of bankruptcy proceedings or who
during the five years prior to the date of nomination has been sentenced to a
custodial sentence longer than three months, shall be ineligible to stand or
remain as a Community Councillor. 
8.4 Elections
The first elections to be held under the Scheme shall be held on a date to be
determined by the local authority. 
Subsequent elections will be held on a four-yearly-cycle out with election years
or on dates to be determined by the Community Council in agreement with the
Local Authority.  Should Community Councils’ election cycle fall in the year of
Scottish local government or parliamentary elections, the electoral proceedings
will be held in the following year. 
The local authority will administer all elections. 
8.5 Nominations
Individuals seeking election to a Community Council require to be nominated by
a proposer and seconder, both of whom must be on the Electoral Register for
that Community Council area.  Nominations require to be submitted with the
candidate’s consent. 
A nomination form should be completed, the style of which is defined in
Appendix E Nomination form.  Nomination forms require to be submitted by
post, email or online to the contact for that Community Council, identified on
the Midlothian Council website, no later than 5pm. 7 days prior to the date of
the election.  Nomination forms submitted after that date will not be accepted.
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8.6 Process
On the expiry of the period for lodging nominations:
a) Should the number of candidates validly nominated equal or exceed HALF
but be less than or equal to the total maximum permitted membership as
specified in the Constitution for the Community Council area, the said
candidates will be declared to be elected and no ballot shall be held.
b) Should the number of candidates validly nominated exceed the total
maximum permitted membership as specified in the Constitution for the
Community Council area, arrangements for a poll shall be implemented.  At
the Poll, each voter shall be entitled to vote for candidates up to the number
of vacancies on the community council.
c) Should the number of candidates to be elected be below HALF of the total
maximum permitted membership, as specified for the Community Council
area, no Community Council will be established at that time.  However, that
does not preclude the local authority from issuing a second call for
nominations for a Community Council area failing to meet the minimum
membership requirement within 6 months of the closing date for the
registration of the first call for nominations. 
8.7 Method of Election
Elections will be based on whole local authority areas or devolved
administrative areas as appropriate.  Ideally, elections will take place across
whole local authority areas at one time.  However, large local authorities may
need to take an incremental approach to elections across their area, over a
specified period of time or cycle.  Community councils shall be elected on a
simple majority basis.  The preferred method of election is using a show of
hands at a Public Meeting.  However, where appropriate, an alternative
method can be approved by the Returning Officer. 
8.8 Filling of casual places / vacancies between elections
Casual vacancies on a Community Council may arise in the following
circumstances: When an elected Community Council member submits her/his
resignation, when an elected Community Council member ceases to be resident
within that Community Council area, when an elected Community Council
member has her/his membership disqualified (see section 10 Disqualification). 
Should a vacancy or vacancies arise in a Community Council between elections,
it shall be a requirement that the Community Council undertake appropriate
election/co-option arrangements, in consultation with the local authority. 
Under certain circumstances, a Community Council may decide not to fill a
Casual Vacancy, provided the membership will not fall below HALF the
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membership defined by the Community Council’s Constitution.  Filling a vacancy
can be undertaken either through the process of an interim election or by co-
option.  However, should circumstances arise that lead to the number of elected
Community Councillors falling below HALF of the membership defined by the
Community Council’s Constitution, the Midlothian Council shall be informed and
shall undertake arrangements for an interim election to be held. 
8.9 Filling of Office Bearer vacancy
In the event of an Office Bearer position becoming vacant it must be filled by a
current member of the Community Council at the next meeting.  In the event
that an Office Bearer position cannot be filled the Liaison Officer should be
informed 
8.10 Co-option to Community Councils
Co-opted members must be eligible for membership of the Community Council
as detailed in 9.1 Eligibility.  They must be elected onto the Community Council
by a simple majority of the elected (general and interim) Community Councillors
present and voting.  Such co-opted members shall have full voting rights, with
the exception of voting on co-option of members, and will serve until the next
round of elections (general and interim).  Notice of any proposed co-option
procedure is required to be intimated to all of that Community Council’s
members at least 14 days prior to the meeting when the matter will be decided. 
The number of co-opted members may not exceed a THIRD of the current
elected (general and interim) Community Council membership.  Should the ratio
of co-opted to elected Community Councillors become greater than one third,
due to any circumstances, an interim election process shall be triggered. 
8.11 Additional Membership
Associate Members
Associate members may be appointed by a Community Council where there may
be a need for individuals with particular skills or knowledge.  These individuals
do not have voting rights.  Associate members may serve for a fixed period as
determined by the Community Council or for the term of office of the
Community Council that has appointed them.  Associate members may also
include representation from other constituted local voluntary organisations. 
The number of Associate members shall not exceed half the number of current
Community Councillors in that Community Council. 
Ex-officio members
Midlothian Councillors, MPs, MSPs, and MEPs whose wards or constituencies fall
wholly or partly within the geographical area of the Community Council area
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shall be deemed ex-officio members of the Community Council.  Ex-officio
members shall have no voting rights on the Community Council. 
9 EQUALITIES
The Equality Act 2010 makes it unlawful to discriminate against persons or groups on
the grounds of the protected characteristics of race, sex, gender recognition, disability,
age, sexual orientation, marriage and civil partnership, pregnancy and maternity, and
religion or belief. 
Recognition should be given to the contribution of everyone participating in the work
of the community council.  Community councils must comply with Equal Opportunities
legislation and should recognise and value diversity in their membership and in their
communities, ensuring that equality of opportunity be given to every resident to have
their knowledge, opinion, skill, and experience taken into account. 
Consideration must also be given by the Community Council as to their meeting place,
whether online or in-person.  This must be in terms of accessibility and facilities for
disabled users, as well as location, as far as practicable, to ensure that the needs of all
members, visiting public or other additional members are met. 
10 DISQUALIFICATION OF MEMBERSHIP
Membership of a Community Council is invalidated should a Community Councillor’s
residency qualification within that Community Council area cease to exist.  If any
member of a Community Council fails to attend any Community Council meeting, with
or without submitting apologies, throughout a period of 6 months, the Community
Council may terminate their membership.  At the discretion of individual Community
Councils, a period of leave of absence for Community Council members may be
granted at any meeting of the Community Council. 
If a Community Councillor is alleged to be in breach of the Code of Conduct, a formal
report shall be submitted to the Liaison Officer who shall investigate and recommend
to Midlothian Council, who shall decide whether the Community Councillor should be
disqualified from office.  The Liaison Officer will be guided by the Chief Executive, or
the person nominated by the Chief Executive to do so. 
11 MEETINGS
The time, day, and venue for meetings of the Community Council should have regard
to the availability of its members and the ease of access of the venue for members of
the general public. 
Office Bearers shall be elected at the first meeting of a Community Council following a
Community Council election. 
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The frequency of meetings will be determined by each Community Council, subject to
a minimum of one Annual General Meeting and 6 ordinary meetings being held each
year.  The Annual General Meeting shall be held in a month of each year to be
determined by the Community Council Constitution. 
The quorum for Community Council meetings shall be one third of the current voting
membership of a Community Council, or 3 voting members, whichever is the greater. 
An outline for the content of business that Community Councils should adhere to
when holding ordinary, special, and annual general meetings is contained within the
Standing Orders (Appendix C). 
Virtual Meetings
Community Councils may decide to take an in-person, online or hybrid approach to
their meetings, and the platform to be used for any meeting is for the Community
Council to decide.
Virtual meetings may include members of the public where this can be
accommodated, but this is not mandatory and for each Community Council to
determine. 
Whether or not they are able to attend, proper provision must be made to afford
members of the public the opportunity to address the Community Council as set
out in the following paragraph. 
An agenda for the meeting shall be published in the usual way and all members of
the Community Council and members of the public invited, in advance, to submit
comments on any agenda item to the Community Council’s generic email address
or by other appropriate means; such views to be considered by the members
dealing with the items of business.  Comments may also be submitted during the
meeting itself, but the ability to receive comments in advance will assist the
Community Council in managing a remote meeting. 
Minutes of the meeting and details of any decisions taken must be recorded, in
writing, in the usual way and made publicly available.  Video or audio recording of
meetings can only take place with the clear consent of all present, such consent to
be recorded in the written minutes. 
12 LIAISON WITH THE LOCAL AUTHORITY
In order to facilitate the effective functioning of Community Councils, Midlothian
Council has identified an official to act as a Liaison Officer with Community Councils. 
The Liaison Officer will be guided by the Chief Executive, or the person nominated by
the Chief Executive to do so.  Unless there is a specific agreement or an issue is a
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specific departmental issue, all correspondence between Midlothian Council and the
Community Councils should, in the first instance, be directed through the Liaison
Officer. 
Community Councils may make representations to Midlothian Council and other
public and private agencies, on matters for which it is responsible and which it
considers to be of local interest.  Representations should be made, in the case of
statutory objections, such as planning or licensing matters, to the appropriate
Midlothian Council official.  On issues where a Midlothian Council department is
consulting with Community Councils, representations should be made to the
appropriate departmental officer. 
Community Councils shall provide copies of their minutes within 21 days of the
meeting being held to the Council via the Liaison Officer. 
13 RESOURCING A COMMUNITY COUNCIL
The financial year of each Community Council shall be provided for in the Constitution
of each Community Council and shall be from 1st April to 31st of March in the following
year.  A statement of audited and verified accounts must be submitted at the
Community Council’s Annual General Meeting. 
The Annual Accounts of each Community Council shall be independently examined
and verified by an appropriate person, who is not a member of that Community
Council.  A copy of the independently examined statement of accounts/balance sheet
shall be forwarded to the Liaison Officer after the statement is approved at the
Community Council’s Annual General Meeting, to the Liaison Officer.  Failure to
submit verified accounts will disqualify eligibility to receive administrative grant
funding support from Midlothian Council. 
The Liaison Officer may, at their discretion and in consultation with Midlothian
Council’s Chief Financial Officer, require the Community Council to produce such
records, vouchers, and account books, as may be required. 
Each Community Council shall have the power to secure resources for schemes,
projects, and all other purposes consistent with its functions. 
The Council may provide an annual administrative grant to Community Councils.  The
purpose of the grant is to cover the operating costs and publicising the work of the
Community Council within the Community Council area.
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The grant shall be fixed at a minimum flat rate of £ (to be determined by the local
authority) with an additional amount (to be determined by the local authority) per
head of population. 
Midlothian Council shall determine any additional support services/resourcing, such as
free lets of rooms for Community Council meetings, to suit local requirements. 
Midlothian Council will review the level of annual administrative grant and other
support to Community Councils during each term of Midlothian Council. 
14 TRAINING
The Liaison Officer shall facilitate advice and assistance to Community Councils and
arrange for the establishment of a training programme and/or conferences for
Community Councils on the duties and responsibilities of Community Council Office
Bearers, the role of Community Councils, the functions of the local authority and other
relevant topics. 
15 PUBLICITY
Midlothian Council shall allocate space on the Council website for the provision of
Community Council contact details and the promotion of Community Council activities
according to demand. 
16 LIABILITY OF COMMUNITY COUNCIL MEMBERS AND FEDERATION
Insurance is required for a Community Council to be operational.  Midlothian Council
will arrange for payment of premiums of insurance liability cover for Community
Councils, Midlothian Federation of Community Councils, and Community Councillors.   
17. AMENDMENT TO THE BOUNDARIES AND COMPOSITION OF COMMUNITY COUNCILS
Proposals to amend the boundaries and/or composition (merger) of Community
Councils can be initiated by: 
• Midlothian Council
• Any of the affected Community Councils
The proposal shall be submitted in writing to the Liaison Officer for the process to be
initiated.  As part of the process, all affected Community Councils shall be informed,
prior to publication of a public notice for a consultation period of 90 days.  Community
Councils should co-ordinate responses received during the consultation process and
provide these comments to Midlothian Council and any affected community Councils.   
Subsequently, each affected Community Council will be required to call a public
meeting and hold a show of hands vote to approve the proposal.   
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If all affected Community Councils approve the proposal, it will be formally submitted
to Midlothian Council for consideration at a special meeting of Midlothian Council
within 90 days of submission. 
The Head of Legal Services will notify all affected Community Councils of the outcome
following the special meeting of Midlothian Council. 
In the event of a merger between 2 Community Councils, members are advised that
‘good practice’ will involve representatives of both Community Councils forming a
working group to discuss and organise the development of governance procedures
such as a draft Constitution, Standing Orders for approval and sign-off at the first
public meeting. 
18 DISSOLUTION OF A COMMUNITY COUNCIL
The terms for dissolution of a Community Council are contained within the
Constitution of the Community Council. 
Notwithstanding these terms, should a Community Council fail to hold a meeting for a
period of 3 consecutive prescribed meeting dates, or its membership falls below the
prescribed minimum for a period of 3 consecutive prescribed meeting dates (during
which time the Community Council and Midlothian Council have taken action to
address the situation), Midlothian Council shall take action to dissolve that
Community Council. 
19 ESTABLISHMENT OR RE-ESTABLISHMENT OF A COMMUNITY COUNCIL
Twenty or more electors are required for the establishment or the re-establishment of
a Community Council for the area.  These electors shall submit a requisition to the
local authority in accordance with Section 52(7) of the Local Government (Scotland)
Act 1973, on receipt of which the Returning Officer shall arrange for elections to be
held in accordance with the Scheme for the Establishment of Community Councils. 
The first (inaugural) meeting of every newly established Community Council will be
called by Midlothian Council and will take place within one calendar month from the
date of the election. 
The business of the first meeting for all Community Councils will include adoption of a
Constitution and Standing Orders, appointment of Chairperson, Vice-Chairperson,
Secretary/Minute Secretary, and Treasurer and any outstanding business matters
from the outgoing Community Council. 
Adoption of the Constitution, approved by Midlothian Council, should be in place
within 3 months of the Community Council’s inaugural meeting.
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For the purposes of the initial election, the number of Community Councillors to be
elected shall be defined by Midlothian Council.  This number shall not exceed the
number specified in Appendix E and shall be appropriate to size of the population of
the Community Council area.  The first order of business of the new Community
Council shall be to establish a new Constitution. 
19.1 Nominations
Individuals seeking election at the establishment of a Community Council
require to be nominated by a Proposer and Seconder, both of whom must be on
the Electoral Register for that Community Council area.  Nominations require to
be submitted with the candidate’s consent.  Self-nomination is not permitted. 
19.2 Process
On the expiry of the period for lodging nominations:
Should the number of candidates validly nominated equal or exceed HALF, but
less than or equal to the total maximum permitted membership as specified in
the Constitution for the Community Council area, the said candidates will be
declared to be elected and no vote shall be held. 
19.3 Method of Elections
Community Councils shall be elected on a simple majority basis.
The preferred method of election is using a show of hands at a Public Meeting. 
However, where appropriate, an alternative method can be approved by the
Returning Officer. 
19.4 Election of Office Bearers
Office Bearers shall be elected according to the new Constitution.  Only
Community Councillors elected at the inaugural meeting will be permitted to
vote for the election of Office Bearers  
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APPENDIX A - MEMBER DEFINITIONS & NOMINATION FORM
The Scheme defines varies types of membership of a Community Council, and so, for
clarity, the different types of membership are defined here. 
A 1 Community Councillors
a) ‘Elected’ refers to Community Councillors who have been elected at either a Normal
or Interim Election.  Elected Community Councillors have full voting rights on all
matters at Normal and General meetings of the Community Council.  They serve for
the remainder of their term until the next Normal election as defined by the
Constitution of the Community Council.
b) ‘Co-opted’ refers to Community Councillors who have filled a vacancy during the
term of a Community Council without an election process.  They have voting rights
on all matters except the co-option of further Community Councillors.  (This is to
prevent a ‘take-over’ of the Community Council by a succession of Co-opted
members, none of whom has been elected).  They serve until the next normal or
interim election.  (i.e., if a Community Council holds an interim election, then any
existing co-opted members must be voted on to the Community Council at that time
if they are to continue as Community Councillors). 
A 2  Other Members
a) ‘Associate’ members attend Community Council meetings to advise on specific
topics, or to represent the interest of specific groups.  Associate members are
appointed by the Community Council in accordance with their own Constitution and
within the constraints of this scheme.  The term of office may be for a specific period
or for remainder of the term of the Community Council itself.  The number of
Associate members may not exceed half the current number of elected Community
Councillors.  Associate members have no voting rights.
b) ‘Ex-Officio’ members are members of the Community Council by virtue of their
election as Midlothian Councillor, MSP, MP, or MEP representing the area that
includes the Community Council.  Ex-officio members are disqualified from election
or co-option as Community Councillors.  They have no voting rights. 
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APPENDIX B - CONSTITUTION GUIDANCE
The Scottish Government has provided a ‘Model’ Constitution that can be used as guidance
to help in writing and updating your Community Council Constitution.  Each Community
Council is responsible for writing and approving its own Constitution in accordance with
requirements of the Scheme.  Once approved at a meeting of the Community Council, the
revised Constitution must be submitted to the Liaison Officer for approval.  This approval is
to confirm that the Constitution complies with the requirements of the Scheme.
In general, a Community Council Constitution will address at least the following topics,
although additional topics may be relevant in specific circumstances:
1. Name
‘The name of the Community Council shall be .....…………..…........
(referred to as ‘the Community Council’ in this document)’. 
2. Area
‘The area of the Community Council shall be as shown on the map attached to
Midlothian Council’s Scheme for Community Councils’. 
3. Objectives
This should cover the standard objectives regarding representing the views of the
community, acting to promote and improve the well-being of the Community,
fostering a community spirit etc, along with any specific objectives that the Community
Council may have (e.g., relating to local activities and events that it wishes to support). 
4. Role and responsibilities
It is the role of a Community Council to take such action in the interests of that
community as appears to it to be expedient and practicable.  This topic is primarily
covered by the Code of Conduct (Appendix D) which should be referenced. 
5. Membership
The Scheme defines a maximum number of Community Councillors (excluding
Associate and ex-officio members) that the Community Council may have.  The
Constitution may set a lower limit, consistent with the population and size of the area
to be represented, provided this is adequate to represent the geographic area e.g., 5
or 6 as a minimum.  The number of Associate members is defined by the Scheme on
the basis of the number of elected members, and the eligible ex-officio members are
defined by statute, so these do not require to be identified in the Constitution.  The
Community Council must have a Chair, Secretary, and Treasurer, which sets the
absolute minimum membership at 3 elected members. 
6. Method of Election
This should reference the Election methods defined in 8.7 ‘Method of Election’.
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7. Casual Vacancies
The Scheme allows for co-option or interim election, or for vacancies to remain
unfilled.  The Community Council Constitution can specify which of these approaches
may be used. 
8. Voting Rights
This will specify the voting rights of elected (including interim and co-opted) members,
in accordance with the Scheme.  It will also normally assign a casting vote to the
Chairperson. 
9. Election of Office Bearers
At the first meeting following the AGM, Office bearers will be elected.  This paragraph
should specify the election procedure, term of office, and which posts (if any) are
eligible for re-election.  The Constitution may specify the maximum period for which
the same person may hold the same office continuously. 
10. Committees of the Community Council
Specifies whether the Community Council is able to create Committees for specific
purposes.  Even if this is not envisaged, it is reasonable to allow this in the Constitution
as a future possibility. 
11. Meetings of the Community Council
This should specify at least: the quorum (in accordance with the Scheme, and taking
into account the number of elected members); The schedule for holding an Annual
General Meeting; The number and timing of meetings to be held each year; The
approval and circulation of the minutes; observance of the Standing orders; the
process for the public to petition the Community Council to debate a specific issue;
and the process to allow specific topics to be discussed in private; recognition that
meetings may be held in person or by digital means or by telephone 
Virtual Meetings
Community Councils may decide to take an in-person, online or hybrid approach to
their meetings, and the platform to be used for any meeting is for the Community
Council to decide.
Virtual meetings may include members of the public where this can be
accommodated, but this is not mandatory and for each Community Council to
determine. 
Whether or not they are able to attend, proper provision must be made to afford
members of the public the opportunity to address the Community Council as set
out in the following paragraph. 
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An agenda for the meeting shall be published in the usual way and all members of
the Community Council and members of the public invited, in advance, to submit
comments on any agenda item to the Community Council’s generic email address
or by other appropriate means; such views to be considered by the members
dealing with the items of business.  Comments may also be submitted during the
meeting itself, but the ability to receive comments in advance will assist the
Community Council in managing a remote meeting. 
Minutes of the meeting and details of any decisions taken must be recorded, in
writing, in the usual way and made publicly available.  Video or audio recording of
meetings can only take place with the clear consent of all present, such consent to
be recorded in the written minutes. 
12. Public Participation in the Work of the Community Council
Define that meetings are open to the public (except where specified in accordance
with paragraph 11 above. 
13. Information to Midlothian Council
Specifies the requirement to notify the Liaison Officer about the annual calendar of
scheduled meetings, AGM, Minutes, and to give at least 10 days’ notice of Special
meetings. 
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14. Control of Finance
Specifies that all monies from whatever source are solely to further the objectives of
the Community Council.  It is therefore important to ensure that the Objectives are
adequately defined by the Constitution.  Specifies the role of the Treasurer to keep
proper accounts, the signatory requirements to withdraw funds whether by cheques
or by BACS payment, along with the need to prepare independently examined and
verified accounts for the AGM. 
15. Title to Property
This would typically vest the rights to property in the Office Bearers of the Community
Council and their successors. 
16. Alterations to the Constitution
Defines the process for altering this Constitution, the voting requirements, and the
submission for Approval by the Liaison Officer. 
17. Dissolution
Specifies the procedure should a Community Council desire to dissolve and accounts
for the transfer of assets to Midlothian Council (in trust for a future Community
Council representing that area). 
Note that as described in Section 18 ‘Dissolution of a Community Council’, the Scheme
allows Midlothian Council to dissolve a Community Council, under specific
circumstances, regardless of the Constitution.  (If the membership falls below a certain
level it may not be practical or possible to comply with the wording of this part of the
Constitution.  
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APPENDIX C - STANDING ORDERS
This is an example of the format and content of the Standing Orders, which a
Community Council is expected to adopt.  Community Councils are free to adopt these
as written or make adaptation to suit specific local circumstances. 
C.1  Meetings (all held in public, except for private matters as specified in the
Constitution)
(a) Ordinary meetings of the Community Council shall be held in the months of
..................................................... [To be entered].  Special Meetings may be
called at any time on the instructions of the Chairperson of the Community
Council on the request of not less than one-half of the total number of
Community Council members; or the receipt of a common written request
(petition), signed by at least 20 persons, resident within the Community Council
area, to convene a special meeting for a particular matter or matters to be
debated, it shall call such a meeting.  A special meeting shall be held within 14
days of the receipt of the request made to the Secretary of the Community
Council.  Annual General Meetings are held annually. 
(b) The notice of ordinary and annual general meetings of the Community Council,
featuring the date, time, and venue, shall be provided to each Community
Council member and the Liaison Officer by the Secretary of the Community
Council, at least 10 days before the date fixed for the meeting. 
c) If Community Councils cannot meet in person the platform to be used for any
virtual meeting is for the Community Council to decide. 
Virtual meetings may include members of the public where this can be
accommodated. 
Whether or not they are able to attend, proper provision must be made to
afford members of the public the opportunity to address the Community
Council as set out in the following paragraph. 
An Agenda for the meeting shall be published in the usual way and all
members of the Community Council and members of the public invited, in
advance, to submit comments on any Agenda item to the Community
Council’s generic email address or by other appropriate means; such views to
be considered by the members dealing with the items of business. 
Comments may also be submitted during the meeting itself, but the ability to
receive comments in advance will assist the Community Council in managing
a remote meeting.
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Minutes of the meeting and details of any decisions taken must be recorded,
in writing, in the usual way and made publicly available.  Video or audio
recording of meetings can only take place with the clear consent of all
present, such consent to be recorded in the written minutes. 
C.2  Minutes
Minutes of the proceedings of a meeting of the Community Council shall be drawn up
within 21 days from the date of that meeting, distributed in accordance with
paragraph 5 of the Scheme of Community Councils and shall, following their approval,
be signed at the next meeting of the Community Council by the person presiding
thereat and retained for future reference. 
C.3  Quorum
A quorum shall be one-third of the current voting membership of the Community
Council, or 3 voting members, whichever is the greater. 
C.4  Order of Business
(i)  Ordinary Meeting  
The order of business at every ordinary meeting of the Community Council shall be as
follows: -  
Recording of membership present and apologies received.
a. Visitor Matters, for short topics, nor exceeding 30 minutes total.
b) The minutes of the last meeting of the Community Council shall be
submitted for approval.
c) An update on the accounts balance will be provided.
d) Any other item of business, which the Chairperson has directed, should be
considered.
e) Any other competent business.
f) Questions from the floor.  
g) Chairperson to declare date of next meeting and close meeting. 
(ii)  Annual General Meeting
It will not be uncommon that the Community Council has arranged for an ordinary
meeting of the Community Council to begin at the close of the Annual General
Meeting, to enable any outstanding reporting on business matters to be heard; and for
Community Council members and members of the public to have an opportunity to
bring matters to the attention of the Community Council, possibly for inclusion on a
future agenda.
The order of business at every annual general meeting of the Community Council shall
be as follows: - 
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(a) Recording of membership present and apologies received.
(b) The minutes of the last Annual General Meeting of the Community Council shall
be submitted for adoption.
(c) Chairperson’s Annual Report (and questions from the floor).
(d) Secretary’s Annual Report (and questions from the floor).
(e) Treasurer’s submission of Balance Sheet and Annual Accounts duly
independently examined and certified correct (and questions from the floor).
(f) Demit of current office bearers/election of office bearers.
(g) Chairperson to declare date of next annual general meeting and close meeting. 
(iii)  Extraordinary General Meeting
The order of business at every extraordinary general meeting of the Community
Council shall be as follows: -
(a) Recording of membership present and apologies received.
(b) Business for debate, as described in the calling notice for the special meeting.
(c) Chairperson to close meeting. 
C.5  Order of Debate
(a) The Chairperson shall decide all questions of order, relevancy, and competency
arising at meetings of the Community Council and her/his ruling shall be final and
shall not be open to discussion.  In particular, the Chairperson shall determine
the order, relevancy, and competency of all questions from the public in
attendance at meetings of the Community Council raised at 4, above.  The
Chairperson in determining the order, relevance and competency of business
and questions shall have particular regard to the relevance of the issue to the
community and ensure that the discussion and proceedings are conducted in
such a manner that decisions are reached in a democratic manner.  The
Chairperson shall have the power, in the event of disorder arising at any
meeting, to adjourn the Community Council meeting to a time he/she may then,
or afterwards, fix.
(b) Every motion or amendment shall be moved and seconded.
(c) After a mover of a motion has been called on by the Chairperson to reply, no
other members shall speak to the question.
(d) A motion or amendment once made and seconded shall not be withdrawn
without the consent of the mover and seconder thereof.
(e) A motion or amendment, which is contrary to a previous decision of the
Community Council, shall not be competent within six months of that decision. 
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C.6  Voting
(a) Voting shall be taken by a show of hands of those present and eligible to vote,
with the exception that, at an annual general meeting, the election of office
bearers may be held by secret ballot.
(b) The Chairperson of a meeting of the Community Council shall have a casting vote
as well as a deliberative vote. 
C.7  Alteration of Standing Orders
A proposal to alter these Standing Orders may be proposed to the Midlothian Council
to be altered or added to at any time by the Community Council, if notice of motion to
that effect is given at the meeting of the Community Council before that at which the
motion is discussed.  The local authority shall have final discretion on any proposed
change. 
C.8  Committees
The Community Council may appoint such committees as it may from time to time
decide and shall determine their composition, terms of reference, duration, duties,
and powers. 
C.9  Suspension of Standing Orders
These Standing Orders shall not be suspended except at a meeting at which three-
quarter of the total number of Community Council members are present and then only
if the mover states the object of his motion and if two-thirds of the Community Council
members present consent to such suspension.  
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APPENDIX D - CODE OF CONDUCT
The Code of Conduct for Community Councillors is based largely on the Code of Conduct for
local authority councillors and relevant public bodies as provided for in The Ethical Standards
in Public Life etc (Scotland) Act 2000.
Community Councillors, as elected representatives of their communities, have a
responsibility to make sure that they are familiar with, and that their actions comply with,
the principles set out in this Code of Conduct.  The Code of Conduct and its principles shall
apply to all Community Councillors and those representing the Community Council. 
These principles are as follows:
• Service to the Community (Public Service)
• Selflessness/Altruism
• Integrity
• Objectivity
• Accountability and Stewardship
• Openness
• Honesty
• Leadership
• Respect 
D.1  Service to the Community
As a Community Councillor, you have a duty to act in the interests of the local
community, which you have been elected or nominated to represent.  You also have a
duty to act in accordance with the remit of the Councils Scheme for the Establishment
of Community Councils, as set out by your local authority under the terms of the Local
Government (Scotland) Act 1973. 
You have a duty to establish and reflect, through the Community Council, the views of
the community as a whole, on any issue, irrespective of personal opinion. 
You should ensure that you are, within reason, accessible to your local community and
local residents.  Various mechanisms to allow the general community to express their
views, i.e., suggestion boxes, community surveys, opinion polls should, where possible,
be made available. 
D.2  Selflessness/Altruism
You have a duty to take decisions solely in terms of the interest of the community that
you represent.  You must not use your position as a Community Councillor to gain
financial, material, political or other personal benefit for yourself, family, or friends. 
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D.3  Integrity
You must not place yourself under any financial or other obligation to any individual or
organisation that might reasonably be thought to influence you in your representation
of your community.  If you have any private and/or personal interest in a matter to be
considered by the Community Council, you have a duty to declare this and if deemed
necessary by other members, withdraw from discussions and the decision-making
process with regard to that matter. 
You should not accept gifts or hospitality that may be seen to influence or be intended
to influence your opinion or judgement.  The offer and/or receipt of any gifts,
regardless of form, should always be reported to and noted by the Secretary of the
Community Council. 
D.4  Objectivity
In all your decisions and opinions as a Community Councillor, you must endeavour to
represent the overall views of your community, taking account of information, which is
provided to you or is publicly available, assessing its merit, and gathering information
as appropriate, whilst laying aside personal opinions or preferences. 
You may be appointed or nominated by your Community Council to serve as a member
of another representative body.  You should ensure that this Code of Conduct is
observed when carrying out the duties of the other body. 
You are free to have political and/or religious affiliations; however, you must ensure
that you represent the interests of your community and Community Council and not
the interests of a particular political party or other group. 
D.5  Accountability and Stewardship
You are accountable for the decisions and actions that you take on behalf of your
community through the Community Council.  You must ensure that the Community
Council uses its resources prudently and in accordance with the law.  If you are unsure
about relevant legal requirements, you should contact Midlothian Council’s
Communities Lifelong Learning and Employability team for clarification in the first
instance. 
Community Councillors will individually and collectively ensure that the business of the
Community Council is conducted according to the Council’s Scheme for Community
Councils and this Code of Conduct. 
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Community Councillors will individually and collectively ensure that Annual Accounts
are produced showing the financial undertakings of the Community Council as set out
in the Councils Scheme for Community Councils.  They must also ensure that all
resources are used efficiently, effectively, and fairly and are used strictly for the
purposes of Community Council business and for no other purpose. 
Minutes of Meetings recording all actions and decisions made should be produced and
circulated to all members of the Community Council within 21 days of each meeting. 
Complaints about the Community Council or individual Community Councillors should
be handled in accordance with the Community Councils Complaints Procedure (see the
final paragraph of this Code of Conduct). 
Any breach of the Council’s Scheme for Community Councils as set out by your local
authority under the terms of the Local Government (Scotland) Act 1973 may be
reported to your local authority to determine what action, if necessary, should be
taken. 
D.6  Openness
You have a duty to be open about your decisions, actions, and representations, giving
reasons for these where appropriate.  You should be able to justify your decisions and
be confident that you have not been unduly influenced by the views and/or opinions of
others. 
If you have dealings with the Media, members of the public, or others not directly
involved in your Community Council, you should ensure that an explicit distinction is
made between the expression of your personal views and opinions from any views or
statement made about or on behalf of the Community Council. 
D.7  Honesty
You have a duty to act honestly.  You also have an obligation to work within the law at
all times.  You must declare any private interest relating to your Community Council
duties and take steps to resolve any conflicts arising in a way that protects the interest
of the community and the Community Council.  If you are unsure about conflicts of
interest, you should contact Midlothian Council’s Communities Lifelong Learning and
Employability Team in the first instance for clarification. 
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Page 38

Page 30 of 33 - Midlothian Scheme for the Establishment of Community Councils
D.8  Leadership
You have a duty to promote and support the principles of this Code of Conduct by
leadership and example, to maintain and strengthen the community’s trust and
confidence in the integrity of the Community Council and its members in representing
the views and needs of the local area.  You must also promote social inclusion and
challenge discrimination in any form.
You should act to assist the Community Council, as far as possible, in the interest of the
whole community that it serves.  Where particular interest groups’ concerns are in
conflict with those of other groups or other areas you should help to ensure that the
Community Council is aware of them. 
D.9  Respect
You must respect fellow members of your Community Council and those that you
represent, treating them with courtesy, respect and in a non-discriminatory manner at
all times.  This should extend to any person, regardless of their position; you have
dealings within your capacity as a Community Councillor. 
Recognition should be given to the contribution of everyone participating in the work
of the Community Council.  You must comply with Equal Opportunities legislation and
ensure that equality of opportunity be given to every participant to have their
knowledge, opinion, skill, and experience taken into account. 
You should ensure that confidential material, including details about individuals, is
treated as such and that it is handled with dignity and discretion and is not used for
personal, malicious, or corrupt purposes. 
Community Councils Complaints Procedure 
Any complaints about a Community Council or individual Community Councillor(s), for
example about an alleged breach of the Code of Conduct, should be made in
accordance with the Community Councils Complaints Procedure outlined on the
Community Council page on the Midlothian Council website.  
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Page 39

ELECTION OF COMMUNITY COUNCILLORS - NOMINATION FORM 
Insert Name of Community Council Here
Day and Date of Election 
Candidate’s Details
Candidate’s Surname 
Other names in full 
Commonly used surname (if any) 
Commonly used forenames (if any) 
Home address in full (including postcode) 
I, the nominee for election, consent to being nominated as a candidate for the
(Insert Name of Community Council Here)
I declare that I am qualified to be elected.  I am registered on the Midlothian Register of Electors and eligible
to be elected to:
(Insert Name of Community Council here)
I declare that I am not disqualified from being nominated as a candidate for Community Council elections in
Midlothian:
a. as detailed in the Midlothian Scheme for Community Councils
b. by reason of holding a politically restricted post in Midlothian
c. by reason of being the subject of bankruptcy proceedings
d. by reason of having had a custodial sentence of longer than 3 months in the past 5 years
Candidate’s Signature 
Date 
Witness: I confirm the above-mentioned candidate signed the declaration in my presence.
Witness’s signature  
Witness (name in full) 
of (address in full 
Date 
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Page 40

DETAILS OF NOMINATORS
Nominator 1 
I declare that to the best of my knowledge this candidate is resident in the Community Council area and is
eligible1 to stand as a candidate.  I also declare I am on the Midlothian Register of Electors for the above-
named Community Council area and therefore eligible to nominate them to stand for election.
Name 
Address 
Occupation 
Date  Signature 
Nominator 2 
I declare that to the best of my knowledge this candidate is resident in the Community Council area and is
eligible2 to stand as a candidate.  I also declare I am on the Midlothian Register of Electors for the above-
named Community Council area and therefore eligible to nominate them to stand for election.
Name 
Address 
Occupation 
Date  Signature 
Please deliver to the designated contact point by the last day for the delivery of nominations.  (7 days
before the date of the election)
Community Council Liaison Officer
Communities, Lifelong Learning and Employability Team
Fairfield House
8 Lothian Road 
DALKEITH
EH22 3AA or 
Email to cll@midlothian.gov.uk 
2 Eligibility rules include residency in the specific Community Council Area and aged 16 years or over on the date of the election.
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Page 41

APPENDIX F - COMMUNITY COUNCIL AREA MAPS
Separate document - to be added when completed.
Page 41 of 54

Page 42

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Page 43

Midlothian Council 
Review of Scheme for Establishment of
Community Councils 
Communications Plan  
Page 43 of 54

Page 44

BACKGROUND
The scheme for establishment of Community Councils was last reviewed in 2014.
Revised guidance for Community Councils has been issued by the Scottish Government.
There has been substantial housing development in 3 of the Midlothian Community Council areas
and boundaries need to be reviewed
Operating and governance procedures for Community Councils are required to be reviewed. 
PURPOSE
This communication plan sets out how Midlothian Council, in partnership with Community Councils
and community-based stakeholder groups, will engage in a review of the current scheme for the
Establishment of Community Councils. 
COMMUNICATIONS OBJECTIVES
• Increase engagement in the process by promoting the revision process to as wide a range of
Midlothian community and stakeholder groups, as possible.
• Raise general awareness of the scheme revision process and demonstrate the potential value
in engaging in the process and thereafter the value of engaging with and being part of,
Midlothian Community Councils.
• Encourage and support engagement by groups that may experience high levels of
disadvantage and have been underrepresented in Community Council activities.  
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Page 45

KEY MESSAGES
• The aim of the revision of the Scheme for Establishment of Community Councils is to bring the
scheme up to date and ensure it is fit for purpose.
• In consultation with local residents, Community Council boundaries will be adjusted to reflect
housing developments completed since 2014.
• The process will be completed in 4 stages.
• Local residents and stakeholder groups will be consulted on the draft scheme and their input
will be reflected in the final scheme. 
TARGET AUDIENCES
• Community Councils
• Stakeholder groups
• Community groups
• Local residents
• MVA - Third Sector groups
4
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Page 46

COMMUNICATIONS APPROACH
• Use a mix of media channels including local press and community radio.
• Place an emphasis on use of social media with regular posts during consultation period.
• Ensure publicity emphasises the support available to local groups in the form of further
information and assistance in generating discussion and engaging with the process.
• Disseminate information as widely as possible through existing networks, council contacts,
Midlothian Federation of Community Councils, and stakeholder groups.
• Use a range of formats to reduce barriers to participation in the process. 
EVALUATION
The success of this communications plan will be evaluated after the closing date, based on the
number of responses received and on feedback from local groups and individuals on publicity and
the application process. We will continue to collate recipients feedback to ensure lessons are
learnt and processes can be improved.  
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Page 47

What How Who Why When
Launch review of scheme for
Establishment of Community Councils
Launch press release
Council website
MVA
Midlothian Federation of Community
Councils
Local press & Local radio
Community websites & social media
Direct mailings to local groups
Posters distributed
Communications
and Marketing
CLLE Team
Promote
participation of
local stakeholder
groups in process
April
2024
Public Notice published in the local Press
to notify that the Council intends to review
and amend the current scheme, with an at
least, eight-week consultation period for
any representations to be made on the:
‘boundary changes areas, composition of
the Community Councils and draft
amended scheme’.
Council website
MVA
Local press & Local radio
Community websites & social media
Direct mailings to local groups
Communications
and Marketing
CLLE
Promote and
encourage
engagement with
the process
April
2024
Engage with Midlothian Federation of
Community Councils
Local Community Councils
Stakeholder groups Inc. equalities groups
Workshop sessions & Focus groups
Citizen Space Online Consultation
CLLE
Local Community
Councillors
Promote and
encourage
engagement with
the process
Provide support
April –
June
2024
Second Public Notice published in the local
Press to the effect the council has
considered the representations on the first
stage & that there will be an eight-week
consultation period for any representations
to be made on the ‘draft amended
Scheme’.
Council website
MVA
Local press & Local radio
Community websites & social media
Direct mailings to local groups
Communications
and Marketing
CLLE
Promote and
encourage
engagement with
the process
Seek
representation and
June
2024
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Page 48

input int the draft
revised scheme
What How Who Why When
Engage with Midlothian Federation of
Community Councils (MFCC)
Local Community Councils
Stakeholder groups
Inc. equalities groups
Workshop sessions & Focus groups
Citizen Space Online Consultation
CLLE
MFCC
Promote and
encourage
engagement with
the process
Seek
representation and
input into the draft
revised scheme
June
– 
Sept
2024
Issue reminder that consultation period is
closing
Council website
Local press & Local radio
MVA
Community websites & social media
Direct mailings to local groups
Communications
and Marketing
CLLE 
Sept
2024
Third Public Notice is published in the local
press to the effect that, a commonly four-
week consultation period for any final
representations to be made on the draft
amended Scheme, together with
associated documents, including
Community Council boundaries.
Council website
Local press & Local radio
MVA
Community websites & social media
Direct mailings to local groups
Communications
and Marketing
CLLE 
Oct
2024
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Page 49

Engage with Midlothian Federation of
Community Councils
Local Community Councils
Stakeholder groups
Inc. equalities groups
Workshop sessions & Focus groups
Citizen Space Online Consultation
CLLE
MFCC
Promote &
encourage
engagement with
the process
Seek
representation and
input int the draft
revised scheme
Oct 
2025
-
Jan
2025
What How Who Why When
Issue reminder that consultation period is
closing
Council website
Local press
MVA
Community websites & social media
Direct mailings to local groups
Communications
and Marketing
CLLE  
Fourth Public Notice is published ‘of the
Scheme in its amended form together with
Public Notice of such a Scheme as it
applies to each proposed area, by
exhibition in that area, and any such notice
shall contain an invitation to electors in the
area concerned (where there is currently
no Community Council established) to
apply in writing to the local authority for the
establishment of a Community Council in
accordance with the amended Scheme’.
Council website
MVA
Local press & Local radio
Community websites & social media
Direct mailings to local groups
Communications
and Marketing
CLLE 
Jan
2025
Revised Scheme published and available
for access by Community Councils and
Stakeholder groups
Council website
MVA
Local press & Local radio
Community websites & social media
Communications
and Marketing
CLLE 
Feb
2025
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Page 50

Direct mailings to local groups 
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Page 51

Scheme of Establishment review process 
This step-by-step guide is designed to support local authorities and 
Community Councils through the process of reviewing their local Scheme for
the Establishment of Community Councils.  It is also supplemented by a
suggested timetable of the decision-making process, and draft Public Notices
for the execution of a review process which can be found in the annexes of this
document. 
The statutory basis for establishing Community Councils is set out in Sections
51 to 55 of the Local Government (Scotland) Act 1973 here: Local Government
(Scotland) Act 1973
This is supplemented by Section 22 of the Local Government etc. 
(Scotland) Act 1994 here: Local Government etc.  (Scotland) Act 1994 
Decision to amend a Scheme
There can be several reasons for a local authority to consider the amendment
of their Scheme, most commonly a changing local landscape or demographic
shifts.  The following provides step by step actions to take:
1. A Special Council meeting (please note that all of the Council meetings
referred to in this section should be Special Council meetings, held for that
purpose.  The most common mechanism for this is that the Special Council
meetings are held immediately before the calendared Council meetings)
considers a report on the intention to amend its Scheme for the
Establishment of Community Councils under Section 53.  - (1) of the Local
Government (Scotland) Act 1973.
2. Upon approval of the report, a Public Notice is published in the local Press
to that effect, with an at least, eight-week consultation period for any
representations to be made on the: ‘draft amended areas and composition
of the Community Councils’.
3. A Special Council meeting considers a report on the outcome of the
consultation exercise on the draft amended areas and composition of the
Community Councils and the contents of a proposed draft amended
Scheme.
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Page 52

4. Upon approval of the report, a second Public Notice is published in the local
Press to that effect, with an at least eight-week consultation period for any
representations to be made on the: ‘draft amended Scheme’.
5. A Special Council meeting considers a report on the contents of a draft
amended Scheme and its adoption.
6. Upon approval of the report, a third Public Notice is published in the local
press to that effect, with a commonly four-week consultation period for any
final representations to be made on the draft amended Scheme, together
with associated documents, including Community Council boundaries.
7. A Special Council meeting considers final representations and agrees the
‘Amended Scheme for the Establishment of Community Councils’.
8. A fourth Public Notice is published ‘of the Scheme in its amended form
together with Public Notice of such a Scheme as it applies to each
proposed area, by exhibition in that area, and any such notice shall
contain an invitation to electors in the area concerned (*where there is
currently no Community Council established) to apply in writing to the
local authority for the establishment of a Community Council in
accordance with the amended Scheme’. The already established
Community Councils operate as normal under the new Scheme until their
new prescribed election dates come around.
Please note that there may be instances when a consultation period does not
attract any or any substantive representations.  However, as the legislation
illustrates a staged approach to the process, the most common complete
statutory review period would be an initial eight weeks, followed by a second
eight-week period and finally four weeks for final consultation. 
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Page 53

Guide timetable for a review of a council’s
‘Scheme for the Establishment of a
Community Council’ 
Date Event Description
1. March 2024 Special Council
Meeting.
Both areas and
composition and draft
Amended Scheme and
associated
documentation.
As part of a report on the current scheme, of
Community Councils, Council to consider a
recommendation to amend the existing scheme and
make a new scheme for the establishment of
community councils.
2. April 2024 (2) Publish Public
Notice.
Areas/Composition.
Give public notice of the Council’s intention to amend
the existing scheme and make a new scheme for the
establishment of Community Councils.  Period of 8
weeks from February to April
3. June 2024 Special Council
Meeting.
Areas/Composition.
Council to consider suggestions from the first
consultation period and agree a draft amended
scheme for consultation
4. June 2024 (3) Publish Public
Notice.
Draft Amended Scheme
and associated
documentation.
Give public notice of the Council’s draft amended
Scheme.  Period of 8 weeks from May to July
5. September 2024 Special Council Meeting
Draft Amended Scheme
and associated
documentation.
Council to consider suggestions to the draft amended
scheme and agree a final draft amended scheme for
consultation
6. October 2024 (4) Publish Public
Notice.
Both.
Give public notice of the Council’s final draft
amended scheme for the establishment of
Community Councils.  Period of 4 weeks from
August to September 
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Page 54

Date Event Description
7. January 2025 Special Council
Meeting.
Both.
Council to consider suggestions to the final draft
amended scheme; alter if required; and formally
approve the amended scheme.
8. January 2025 (5) Publish Public
Notice.
Establishment
Process/Notice for
currently non-
established community
council areas.
Give public notice of the Council’s amended scheme;
and invitation to electors to apply for establishment
(where there is no Community Council currently in
existence). 
Within the context of each of the consultation stages, there are administrative tasks to be undertaken,
such as direct notification to and the provision of, plans and associated documentation to all
Community Councils and placing of same, for general public access and scrutiny, in appropriate
locations across the local authority area.  Each local authority, outwith its normal decision-making
processes, will have its own methodology when it comes to briefing elected members. 
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