The Scottish Government

« Previous | Contents | Next »

Listen

Scottish Government's Working Group on Community Councils

Consultation Questionnaire on Model Scheme of Establishment of Community Councils

1. Introduction

Community Councils were first established in Scotland following the Local Government (Scotland) Act 1973. Thereafter, the Local Government etc. (Scotland) Act, 1994, which produced the current system of unitary local authorities, also 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 Model Scheme for Community Councils in Scotland is designed to enable the establishment of community councils across Scotland and to provide a common framework governing their creation and operation.

2. Statutory Purposes

The statutory purposes of the community councils established under this Model 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''

Consultation Question 1

To what extent do you agree or disagree that the framework for creating, supporting and regulating community councils across Scotland is in need of modernisation and change?

Consultation Question 2

To what extent do you agree or disagree that there is a need to establish a common framework for the creation and support of community councils across Scotland?

The Local Government (Scotland) Act 1973 describes the general purpose of a community council as being:

"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 action in the interests of that community as appears to it to be expedient and practicable".

Consultation Question 3

To what extent are you satisfied or dissatisfied with this existing legislative description of the statutory purpose of community councils?

What scope for improvement can you suggest?

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 their local authority, other public sector bodies and private agencies on matters within their sphere of interest.

It is essential that these views are demonstrated to be accurately representative of the community and, accordingly, the community council will have in place 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, local authorities and other public sector and private 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 objectives of their constitution.

Overall, community councils should engage with and establish positive working relationships with their local authority and other agencies. In carrying out their activities community councils must at all times adhere to the law; and the Community Councillors' Code of Conduct.

Each community council is required to adopt a Constitution, based upon the Model Constitution ( Appendix I), which has been produced for national use, together with standing orders ( Appendix II), to encourage and maintain consistency for all community councils; and to underpin that their proceedings are properly structured and regulated to ensure that items of business are relevant to the community, properly debated and decisions are reached in a democratic manner.

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 draft minutes of community councils' meetings must be produced within 7 days from the date of that meeting, to enable their circulation to the local authority, and relevant elected members, council staff and other parties.
• Seek to broaden both representation and expertise by co-opting individuals onto the community council; and promote the co-option of associate membership 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.
• Liaise closely with their local authority on any change in membership (resignations, co-option, etc.) and circumstances.

The model scheme states that it is essential that views expressed by community councils be "accurately representative of the community… and, accordingly, the community council will have in place recognised consultative mechanisms to validate their views; and devise strategies to secure greater involvement by all sectors of the community".

Consultation Question 4

In your opinion, what level of difficulty or ease is associated with the requirement for community councils to be "accurately representative of the community"?

Please state why:

Consultation Question 5

To what extent are you satisfied or dissatisfied with the model constitution?

In what ways, if any, would you like to see the model constitution amended?

Consultation Question 6

Co-opting individuals onto the community council is cited as a means of broadening both representation and expertise.

To what extent do you agree or disagree that filling a vacancy by co-option is an appropriate means of achieving this?

4. Community Council Areas within Local Authority Areas

The local authority has produced a list of named community council areas and a map or maps that define their boundaries.

Under current legislative provisions each local authority scheme contains a map showing the boundaries of the areas of community councils and the boundaries of any area for which the local authority consider a community council to be unnecessary. Where a local authority consider that a community council is unnecessary for any area, a statement for their reasons for arriving at this conclusion will have been given.

Consultation Question 7

In your opinion, how appropriate or inappropriate are the current boundaries for your local community council?

Consultation Question 8

Do they fit with your understanding of the boundaries of your community?

If 'no' please state why.

The introduction of Single Transferable Vote (STV) system for local authority elections in May 2007 meant that each local authority area was divided into larger multi-member wards. It was proposed that consideration should be given to aligning community council boundaries with these multi-member ward boundaries.

At present some community councils straddle 3 multi-member wards which mean that they will have to deal with up to 12 local authority Councillors.

Consultation Question 9

To what extent do you agree or disagree that community council boundaries should nest within existing ward boundaries?

5. Membership of Community Councils

There shall be a minimum of [x] elected community council members in a community council. Due to the diverse nature of local authority areas, where there may be areas of sparse population, relative to geographical disposition, such as island communities and areas of low population, each local authority may set its own formula for the definition of a maximum number of community council members in a community council area.

The minimum age to stand for election as a community councillor is 16 years. Qualification for membership is by residency within the specific community council area. Community Councillors and candidates for community council membership must also be named on the electoral register for the community council area in which they reside.

Elected members of the local authority and members of the Scottish, United Kingdom and European Parliaments are entitled to become ex-officio members of community councils, with no voting rights.

The Community Council Working Group agreed that due to the diverse nature of community councils, that minimum membership could vary, and that the minimum number of elected community council members would be dependent on the geography of the relevant local authority area. They did however agree that to ensure fair representation a minimum number of elected community council members should be set. It would be for each local authority area to set its own formula to decide on the minimum number of elected members, which should not be lower than the set minimum level.

Consultation Question 10

In your opinion, what should be the minimum number of elected community councillors in a community council?

Please state number and give reason(s) for your answer:

Consultation Question 11

In your opinion should local authorities continue to define a maximum and minimum number of community council members, or should agreed National Guidance be provided for this?

If "other", please state your preference and why this is.

6. Establishment of Community Councils under the Model Scheme

Upon the local authority's revocation of its existing Community Council Scheme; 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 local authority.

7. Community Council Elections

Eligibility

Candidates wishing to stand for election to a community council must reside in the local 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

Any community council member who no longer resides within the community council area will have their membership terminated from that community council from the date their residency ceases.

Any individual who is elected to serve on a local authority, or the Scottish, UK or European parliament shall be ineligible to stand for election to a community council.

Consultation Question 12

Do you agree or disagree with the age of 16 being established as the minimum age to stand for election as a community councillor?

If you disagree, what do you believe the minimum age should be and why?

Nominations and Elections

The first elections to be held under the new Scheme shall be held on a date to be agreed between local authorities, in consultation with the Scottish Government.

Option 1 - Subsequent elections will always be held in the year following Local Government elections, during a national date-range to be agreed between local authorities, in consultation with the Scottish Government.

Option 2 - Subsequent elections will always be held in the year following Local Government elections in the months of September and October, on dates to be set by the local authority.

Option 3 - Subsequent elections will be held on a four-yearly-cycle, outwith Local Government election year, on dates to be determined by the local authority.

All elections will be administered by the local authority.

Consultation Question 13

Given the choice, which of the above 3 options would be your preference for election frequency?

If 'none' can you suggest an alternative?

Returning Officer

The local authority will appoint an Independent Returning Officer for community council elections. The Independent Returning Officer must not be a current elected member of that community council nor intending to stand for election to the community council.

Nominations

Individuals seeking election to a community council should be nominated by a proposer and seconder, both of whom must be resident within the community council area. Each elector may propose one nominee and second one nominee. Nominations require to be submitted with the candidate's consent. Self-nomination is not permitted.

A nomination form should be completed, the style of which will be determined by the local authority. Nomination forms require to be submitted on the date set down in the Election timetable. No forms submitted after that date will be accepted.

Process

On the expiry of the period for lodging nominations:

1. Should the number of candidates validly nominated equal or exceed HALF, but is less than or equal to the total maximum permitted membership as specified for the community council area in Appendix X of this scheme, the said candidates will be declared to be elected and no ballot shall be held.

2. Should the number of candidates validly nominated exceed the total maximum permitted membership as specified 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, but cast no more than one vote for each candidate.

3. Should the number of candidates 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, this does not prevent a request from 20 electors to the local authority to make arrangements for the establishment of a community council under the terms of Section 52 (7) of the Local Government (Scotland) Act 1973.

Method of Election

Elections will be based on whole local authority areas or devolved administrative areas, as deemed 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 time period. All community council elections will be held by secret postal ballot.

A recommendation arising from the Review was that Local Authorities who do not do so at present should consider the benefits derived from holding elections on the same day throughout their local authority area. It has been suggested that this would help raise the profile of community councils.

Option 1:

Community councils should be elected on a simple majority basis.

OR

Option 2:

Where the electorate of a community council area is greater than X, the Single Transferable Vote system will be utilised to elect community council members. Where the electorate of a community council area is less than X, election will be by simple majority. Where there are sub-divisions of electoral areas within a community council area, the method of election will be determined by the local authority.

The Single Transferable Vote system was introduced in Scotland in May 2007, an explanation of how this system works can be found electronically at http://www.electoral-reform.org.uk/votingsystems/stvi.htm . Alternatively, if you do not have electronic access, please contact us and we will arrange for details to be sent to you.

Consultation Question 14

In your opinion, which of the above 2 options do you think is the most appropriate method of election for community councils in Scotland?

If 'neither', do you have any suggestions on an alternative method?

Consultation Question 15

It is proposed that the Single Transferable Vote (STV) should be encouraged to elect community council members.

To what extent do you support or oppose the use of STV for community council elections?

If you oppose this proposal, please state why.

Consultation Question 16

To what extent do you support or oppose the suggestions for elections described as follows?

Secret postal ballot:

Common election day/period:

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 the community council area;
• When an elected community council member has her/his membership disqualified.

Should vacancies arise on a community council between elections, it shall be at the discretion of the community council whether to fill the vacancy. Filling a vacancy can be undertaken either through the process of co-option or by an interim election, should the circumstances deem it appropriate. However, should circumstances arise that leads to the number of elected community council members to fall below HALF of the maximum permitted membership, the local authority shall be informed and shall make arrangements for an interim election to be held.

Co-option to Community Councils

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 council members present. Such co-opted members shall have full voting rights, with the exception of voting on co-option of new members, and will serve until the next round of elections (general and interim).

The number of co-opted members may not exceed a QUARTER of the elected (general and interim) community council membership.

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 which has appointed them. Associate members may include officials from the local authority to advise on issues of e.g. planning, or youth members from the community

Ex-Officio Members

Local Authority Councillors, MPs, MSPs and MEPs whose wards fall wholly or partly within the geographical area of the community council area shall be deemed ex-officio members of the community council. Ex-officio members have no voting rights on the community council.

Consultation Question 17

What in your opinion should be the maximum level of co-opted members within a community council?

If other, please state what you believe the level should be and why:

Consultation Question 18

To what extent do you agree or disagree that local authorities should be able to prescribe the extent to which co-option is permissible?

Community councils are directed to make particular efforts to encourage young people and other under-represented groups to attend/participate in community council meetings.

Consultation Question 19

Please provide any specific examples of successful efforts to involve young people/under-represented groups in community council business? It would be helpful if you could provide us with the name of the community council and local authority area, where appropriate.

8. Equalities

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.

9. Disqualification of Membership

Disqualification of membership is automatic, should a community council member relocate and render invalid their residency qualification for membership. 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, an approved leave of absence for community council members may be approved at any meeting of the community council.

Disqualification may also occur where a community council member is found to be in breach of the National Code of Conduct for Community Councillors.

The National Code of Conduct for Community Councillors is also subject to consultation and this document can also be found on the Consultation section of the Scottish Government website alongside this document.

10. Meetings

The first meeting of a community council following the election; and upon establishment of a community council, will be called by a Deputy Returning Officer approved by the local authority and will take place within 21 days of that date, or as soon as practicable thereafter. 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 meeting shall be held in the month of (to be determined) of each year.

The quorum for community council meetings shall be at least one third of the current voting membership of a community council, or 3 voting members, whichever is the greater.

An outline of the conduct of business that community councils should adhere to when holding ordinary, special and annual general meetings is contained within the Model Standing Orders.

Consultation Question 20

It is proposed that community councils may terminate membership for non attendance of meetings, in a 6 month period, with or without apologies.

Do you agree or disagree that the proposed period of time for possible termination of membership is appropriate?

If 'no' what period of time would you suggest and why?

Consultation Question 21

Do you have any comments on the proposed quorum for meetings or when the annual meeting should be held?

11. Liaison with the Local Authority

In order to help facilitate the effective functioning of community councils, the local authority has identified an official to act as a Liaison Officer with community councils. Unless there is a specific agreement or an issue is a specific departmental issue, all correspondence between the local authority and the community councils should, in the first instance, be directed through this route.

Community councils may make representations to the local authority 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 local authority official. On issues where a department is consulting with community councils, representations should be made to the appropriate departmental officer.

Community councils shall provide copies of their agendas and minutes to the Council via the local authority's named official.

12. 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 (to be determined by the local authority) to (to be determined by the local authority) in each succeeding year to allow for the proper submission of an audited statement of accounts to the annual general meeting on a specified date.

The Model Standard Cashbook/Annual Accounts of each community council shall be independently examined by at least two examiners appointed by the community council, who are not members of the community council. A copy of the independently examined statement of accounts/balance sheet shall be forwarded as soon as the statement is prepared, to a named official of the local authority who may, at their discretion and in consultation with the Council's Chief Financial Officer, request the community council to produce such records, vouchers and account books as may be required.

Each community council shall have the power to raise its own financial resources for schemes, projects and all other purposes consistent with its functions.

Each community council shall be eligible to apply for grants for suitable projects through the local authority's grant system.

The local authority shall provide an administrative grant to community councils to assist with the operating costs of the community council. The grant shall be fixed at a minimum flat rate of £ (to be determined) per community council with an additional minimal -p. (to be determined) per head of population.

The local authority shall determine any additional support services/resourcing, such as: photocopying and distribution of community council minutes and agendas; and free lets of halls for community council meetings, to suit local requirements.

The local authority's Liaison Officer shall facilitate advice and assistance to community councils and arrange for the establishment of a training programme for community councils on: the duties and responsibilities of community council office bearers; the role of community councils; the functions of the local authority; and other relevant topics.

13. Liability of Community Council Members

In order to protect the individual and several liability of community council members, a national scheme of insurance liability cover has been established. The insurance liability cover becomes effective upon the local authority advising the insurance underwriter of the establishment of a community council.

14. Dissolution of a Community Council

The terms for dissolution of a community council are contained within the Model Constitution.

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, despite during which time the community council takes action to address the situation, the local authority may take action to dissolve that community council.

Consultation Question 22

It is proposed that the local authority may take action to dissolve a community council, should it 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.

To what extent do you agree or disagree with this provision to dissolve a community council?

Consultation Question 23

Other comments:

Please use the space below for any other comments you may have about the Model Scheme for Community Councils (continue on a separate sheet of paper if necessary.

Thank you for taking the time to complete this questionnaire.

For analytical purposes we would be grateful if you could indicate from which local authority area you are responding.

« Previous | Contents | Next »