2015
LOCAL GOVERNMENT ETC. (SCOTLAND) ACT, 1994
Table of Contents
Review of the SCHEME FOR THE ESTABLISHMENT OF COMMUNITY COUNCILS
Introduction
Community Councils
The Scheme
(DRAFT) SCHEME FOR THE ESTABLISHMENT OF COMMUNITY COUNCILS
1. Introduction
2. Statutory Purposes
3. The Role and Responsibilities of Community Councils
4. Community Council Areas within Council Areas
5. Membership of Community Councils
I.Associate members:
II.Co-opted members
6.Establishment of Community Councils under the Scheme
7.Community Council Elections
7.1.Eligibility
7.2. Elections
7.3. Returning Officer
7.4. Nominations
7.5. Process
7.6. Method of Election
8. Equalities
9. Disqualification of Membership
10. Meetings
11. Liaison with the Council
12. Resourcing a Community Council
13. Liability of Community Council Members
14. Dissolution of a Community Council
ABERDEENSHIRE COUNCIL
Review of theSCHEME FOR THE ESTABLISHMENT OF COMMUNITY COUNCILS
Introduction
Community Councils have a key role to play in developing a decentralised pattern of local government and service delivery and the proposed Scheme provides a framework within which they and the Council can co-operate and work together. The Council is committed to ensuring successful consultation and working together with Community Councils in all areas of the Council’s responsibilities.
The Scheme came into effect on 1st April 2001 and was reviewed in 2006 and again in 2015.
All Community Councils shall be required to operate within the terms of the Scheme.
Community Councils
Community Councils are voluntary bodies, which exist within a statutory framework, and which have been granted statutory rights of consultation. The general purpose of a community council is to ascertain, co-ordinate and express the views of the entire community within its agreed boundaries. Community Councils can help ensure that the Council is as fully informed as possible about the circumstances, needs and wishes of local communities.
Community Councils are non-party-political and non-sectarian in their discussions and in their decision-making.
Community councils, unlike other community organisations, are statutorily included in the consultation process for all planning applications affecting their area. There are also specific powers in relation to licensing.
As community planning develops, this will emphasise the need for the Council to develop its relationship with community councils as part of its engagement with our local communities.
As part of its commitment to working with Community Councils, the Council will do its best within available resources to make grants to assist Councils carry out their various responsibilities. Where practically and financially feasible, the Council will also make its premises available for use by Community Councils for their meetings.
The Council also believes that there are issues which benefit from shared discussion with a number of Community Councils. A Community Council Forum will be established in each of the Council’s six administrative areas and be supported by the local Area Manager and their staff. This will provide a basis for the discussion of issues of mutual interest and a means by which the Community Plan for each area can be influenced.
The Scheme
The Scheme sets out guidance for the mutual exchange of information between the Council and each Community Council and other administrative and practical matters.
The Scheme document sets out the procedures and provisions for the formation and operation of Community Councils. Schedule 1 lists, by Area, the name of each Council along with the recommended numerical composition.
(DRAFT) SCHEME FOR THE ESTABLISHMENT OF COMMUNITY COUNCILS
1.Introduction
The Aberdeenshire Council, hereinafter referred to as “the Council” in accordance with the terms of Section 22 of the Local Government etc. (Scotland) Act, 1994 has adopted the following Scheme for the establishment of Community Councils within the Aberdeenshire Council area, and has revoked the Scheme made by the Council in March 2007, with effect from midnight on TBC, 2015.
Any assets, liabilities, bank accounts pertaining to any existing Community Councils as at TBC 2015, whose boundaries shall be changed or amended shall transfer to any new Community Councils covering their area. Where more than one Community Council covers the area of a former Community Council then the assets, liabilities and bank accounts will be divided pro rata according to population figures, except where these assets etc. are specific and identifiable to a particular part of the Community Council area
Where it has been resolved by the Council that an existing Community Council shall continue to operate within existing boundaries, then with effect from TBC, 2015, said Community Council shall be required to operate within the terms of the following Scheme.
2.Statutory Purposes
The statutory purposes of community councils established under the Scheme are set out in Section 51 (2) of the Local Government (Scotland) Act 1973, as follows: -
‘’In addition to any other purpose which a community council may pursue, the general purpose of a community council shall be to ascertain, co-ordinate and express to the local authorities for its area, and to public authorities, the views of the community which it represents, in relation to matters for which those authorities are responsible, and to take such action in the interests of that community as appears to it to be expedient and practicable’’
3.The Role and Responsibilities of Community Councils
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 the Council, other public sector bodies and private agencies on matters within their sphere of interest.
It is essential that these views be demonstrated to be accurately representative of the community. Accordingly, the community council will have in place, in consultation with the Council, recognised consultative mechanisms to validate their views and devise strategies to secure greater involvement by all sectors of the community.
Community councils have a statutory right to be consulted on planning applications. Licensing matters and any other matters may also be jointly agreed between community councils, the Council and other public sector and private sector agencies.
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 Council’s Scheme for the Establishment of Community Councils.
There should be mutual engagement in the establishment of working relationships with the Council and other agencies.
In carrying out their activities community councils must at all times adhere to the law, the terms of the Council’s Scheme for the Establishment of Community Councils and the Community Councillors’ Code of Conduct.
Each community council is required to adopt a Constitution, based upon the Model Constitution (Schedule 3.), which has been produced for national use, together with Model Standing Orders (Schedule 4.), 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 the Council. Any changes to a Community Council’s Constitution, approved by a Community Council in terms of this Scheme shall be submitted to the Council for approval, and shall not come into force until the Council has formally intimated its approval for the changes.
Community councils have a duty under statute to represent the views of their local community. It is vital therefore, that they reflect the broad spectrum of opinion and interests of all sections of the community. In order to fulfil their responsibilities as effective and representative, 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 and notice boards and, subject to the provisions contained within the Data Protection Act 1998, provide contact details of community council members.
Agendas and approved minutes of community councils’ meetings must be presented to the Council within 14 days from the date of that meeting and be circulated to community council members, relevant elected members and other interested parties.
Seek to broaden both representation and expertise by promoting the Associate Membership of the community council of persons for specific projects/issues.
Make particular efforts to encourage young people and other under-represented groups to attend/participate in community council meetings and to ensure equality of opportunity in the way the community council carries out its functions.
Maintain proper financial records and present financial reports at community council meetings. An example of a standard format for community councils’ financial record-keeping is featured in the Guidance Notes accompanying the Model Scheme.
Inform the Council of any change in membership (resignations, Associate Membership, etc.) and circumstances, as soon as is practicable.
4.Community Council Areas within Council Areas
The Council has produced a list of named community council areas and a map that define their boundaries. The list of community areas is attached as Schedule 1 to the Scheme.
5.Membership of Community Councils
Community Councils shall be composed of:
(a)the number of Members specified for that Community Council as detailed in Schedule 1;
(b)the Aberdeenshire Councillors for the area covered by the Community Council or part of it, who shall have ex officio membership of that Community Council during their period of office for the Authority but shall not be eligible to vote or hold office in the Community Council. No Member of Aberdeenshire Council may simultaneously be a member of a Community Council other than in an ex officio capacity; and
(c)in addition, mayinclude Associate and Co-opted members in the following circumstances:-
I.Associate members:
Community Councils may engage Associate members with skills, knowledge and interestswhich the Community Council consider would be of assistance to the Community Council in carrying out its functions. Associate members shall not have voting rights and shall not hold office within the Community Council butmay be under eighteen years of age but over the age of fourteen. Associate members will serve for such time as may be determined by the Community Council at the time of their engagement or until the Community Council decide that their services are no longer required.
II. Co-opted members
Community Councils may, where their elected membership does not comprise the maximum number of elected members specified in Schedule 1 co-opt persons who would be eligible for election to the Community Council as members, in order to make up these members, subject to the number of members so co-opted not at any time exceeding one quarter of the maximum number of elected members specified for that Community Council in Schedule 1. Members so co-opted may serve until the next ordinary election to that Community Council, with full voting rights.
Co-opted members must be eligible for membership of the community council as detailed in Section 5 of the Community Council Scheme. They must be elected onto the community council by a two-thirds majority of the elected (general and interim) community councillors present and voting. Such co-opted members shall have full voting rightsand 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.
In addition, a Community Council may provide by co-option, two places in addition to its general membership, for persons aged 14 or more but less than 18 with such persons having full voting rights.
Within twenty-one days of the election of a Community Council, the Returning Officer shall convene the first public meeting of the Community Council. At this meeting, which shall be chaired, until a Chairperson has been elected, by the Returning Officer or his nominee (who shall normally be an ex officio member, if available) the Community Council shall elect from its eligible members a Chairperson and such other office-bearers as the Community Council shall deem necessary. Thereafter such office-bearers, who shall be eligible for re-election, shall be elected or re-elected at the Annual General Meeting of the Community Council. A Chairperson shall be entitled to hold office for a maximum of two terms of office, and each term of office shall last a maximum of two years. In exceptional circumstances Community Councils can apply to the Council to extend the term of office of Chairperson.
Every Community Council may appoint a Secretary and a Treasurer (which offices may be combined) who shall hold office and may be eligible for re-appointment in accordance with the provisions of the Constitution to be prepared as aftermentioned. The Secretary and Treasurer (but no other office-bearers) may be appointed from outwith the membership of the Community Council and may receive such remuneration as the Community Council may determine from the resources available to them. Such appointees from outwith the membership shall be entitled to speak only on matters relating to their function as office-bearers and shall have no voting rights.
Every Community Council shall appoint a representative to the respective Community Council Forum who shall be entitled to vote in respect of any matters raised at a meeting of the Forum.
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 eligible for re-election within that community council area;
- When an elected community council member has her/his membership disqualified (Clause 9).
Should a vacancy or vacancies arise on a community council between elections, it shall be a requirement that the community council undertake appropriate election arrangements, in consultation with the Council. 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 the minimum permitted membership, the Council shall be informed and shall undertake arrangements for an interim election to be held, as described within the Guidance Notes.
6.Establishment of Community Councils under the Scheme
Upon the Council’s decision to revoke 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 areas and composition of the community councils. Thereafter, a consultation process shall be undertaken prior to its formal adoption by the Council.
7.Community Council Elections
7.1.Eligibility
Candidates wishing to stand for election to a community council must be aged 18 years or over and either reside in the local area and be named on the Electoral Register for that area, be the owner of a business located in a Community Council area or have significant connections with the area through work, leisure or other interests
Any community council member who no longer meets the eligibility criteriawithin that community council area is deemed to have resigned from that community council.
Any individual who is elected to serve on this 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.
7.2. Elections
The first elections to be held under the Scheme shall be held on a date to be determined by the Council.
Subsequent elections will be held on a four-yearly-cycle, on dates to be determined by the Council. Where the number of established community councils exceeds a level to be determined by the Council, elections for a proportion of the total number of established community councils within the 4-yearly cycle may be arranged.
The Council will administer all elections.
Following the first meeting after every election, each Community Council shall lodge with the Chief Executive of Aberdeenshire Council a return specifying the full names, designations and addresses of the Community Council’s office-bearers and Examiner(s) or Auditors of their Accounts and subsequently advise him, in writing, of all changes thereof.
7.3.Returning Officer
The Council will appoint an Independent Returning Officer. 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.
The Returning Officer shall appoint and instruct persons to supervise the ballot or open the postal votes as appropriate and to conduct the count.
The Returning Officer, immediately after the counting of votes, shall complete a return to Aberdeenshire Council and to the Community Council concerned, containing the names and addresses of members elected, details of the number of votes cast for each candidate, the number of ballot papers issued and returned, the number of spoilt papers and any other information as to the conduct of the election which may be required by Aberdeenshire Council.
The Returning Officer shall, as soon as possible after the election, give public notice of the names of members elected.
7.4.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. Self-nomination is not permitted.