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AG community planning

COLLEGES AND COMMUNITY PLANNING

Purpose

1. To clarify the status of colleges within the statutory framework for community planning.

Background

2. At its first meeting the group requested the Executive clarify the above.

Community Planning

3. Community Planning involves public agencies working together with the community to plan and deliver better services. It was given a statutory basis by the Local Government in Scotland Act 2003, which placed a duty to participate on local authorities (which have the role of initiating and facilitating the process), NHS Boards, the Enterprise Networks, the Police and Fire Services and the Strathclyde Passenger Transport Authority. Community Planning Partnerships (CPPs) are encouraged to involve a wide range of other organisations in the partnership, and many have representatives from the further education sector. The Act also requires CPPs to engage with the community on an ongoing basis.

4. Ministers may by Order place the duty to participate in community planning on other bodies exercising public functions. An extract from the Act is attached.

5. Community Planning is seen as the key over-arching partnership framework helping to co-ordinate other initiatives and partnerships and where necessary acting to rationalise and simplify a cluttered landscape. CPPs have been established in all 32 local authority areas, and have prepared Community Plans, which set out the strategy for the area. The structure of CPPs varies between areas. Many have thematic groups covering the key priorities identified by the Partnership, which often include lifelong learning and enterprise. Community Planning guidance allows for CPPs to use or adapt existing partnership structures where possible to tackle new issues or initiatives.

6. In Lifelong Partners - Scotland's Schools and Colleges Building the Foundations of a Lifelong Learning Society - A Guide for Schools, Colleges and Local Authorities [1], which the Executive published in May 2005, the Executive advised that "colleges like local authorities should be involved at the strategic as well as operational levels of community planning" (paragraph 5.6 refers).

ANNEX

EXTRACT FROM THE LOCAL GOVERNMENT IN SCOTLANDACT 2003

15

Community planning

(1) It is the duty of a local authority to initiate and, having done so, to maintain and facilitate a process (in this Act, called "community planning") by which the public services provided in the area of the local authority are provided and the planning of that provision takes place-

(a) after consultation-

(i) among all the public bodies (including the local authority) responsible for providing those services; and

(ii) with such community bodies and other bodies or persons as is appropriate; and

(b) after and by way of such co-operation among those bodies and persons as is appropriate.

(2) It is the duty of a local authority to-

(a) invite; and

(b) take suitable action to encourage,

all other public bodies the functions of which are exercisable within the area of the local authority and such community bodies as the local authority thinks fit to participate appropriately in community planning.

(3) Where it appears to two or more local authorities to be in the interests of persons within their respective areas that any public service provided in both or all those areas be provided as if those areas were combined, those authorities may perform their duty under this section together and in such a case the references in this section to the area of a local authority are to be taken, in relation to each of those authorities, as references to those areas as if combined.

(4) In this section-

"community bodies", in relation to a local authority, are bodies or other groupings, whether or not formally constituted, established for purposes which consist of or include that of promoting or improving the interests of any communities (howsoever described) resident or otherwise present in the area of the local authority; and

"other public bodies" means-

(a) public authorities or bodies;

(b) bodies which, not being public bodies, have functions of a public nature or engage in activities of that nature;

(c) persons or office-holders who have such functions or engage in such activities,

but does not include any of the bodies referred to in section 16(1) below.

16

Community planning: further provision

(1) It is the duty of-

(a) a local authority;

(b) a Health Board;

(c) a joint police board for the purposes of the Police (Scotland) Act 1967 (c.77);

(d) a joint board for the purposes of the Fire Services Act 1947 (c.41);

(e) the chief constable of a police force;

(f) Scottish Enterprise;

(g) Highlands and Islands Enterprise;

(h) Strathclyde Passenger Transport Authority,

to participate in community planning.

(2) It is the duty of the bodies, office-holders and other persons specified in paragraphs (a) to (h) of subsection (1) above to assist the local authority in the discharge of its duties under section 15 above.

(3) The Scottish Ministers may, by order, modify subsection (1) above by adding a reference to any eligible body or deleting the reference to any body, person or office-holder.

(4) In subsection (3) above, an "eligible body" is-

(a) a public authority or body;

(b) a body which, not being a public body, has functions of a public nature or engages in activities of that nature; or

(c) a person or office-holder who has such functions or engages in such activities.

(5) An order under subsection (3) above adding a reference may, as respects the body referred to-

(a) specify the area or areas in respect of which the duty imposed by subsection (1) above is to be performed;

(b) modify that duty.

(6) The Scottish Ministers shall, before exercising the power in subsection (5) above, consult-

(a) the body to be referred to; and

(b) each local authority in the area of which the body provides public services.

(7) An order under this section shall be made by statutory instrument, but shall not be made unless a draft of the instrument has been laid before and approved by resolution of the Scottish Parliament.

(8) The Scottish Ministers shall, when discharging any function of theirs which might affect-

(a) community planning; or

(b) any authority or body which or office-holder or person who must or might participate or is participating in it,

promote and encourage the use of community planning.

[1] http://www.scotland.gov.uk/Publications/2005/05/12141235/12362

Page updated: Thursday, December 15, 2005