North Ayrshire Council

Transcription

1 Cunninghame House, Irvine. 3 September 2015 North Ayrshire Council You are requested to attend a Special Meeting of North Ayrshire Council to be held in the Council Chambers, Cunninghame House, Irvine on WEDNESDAY 9 SEPTEMBER 2015 at 2.15 p.m., or at the conclusion of the Ordinary Meeting of the Council, whichever is the later to consider the undernoted business. Yours faithfully Elma Murray Chief Executive 1. Review of the Scheme for the Establishment of Community Councils Submit report by the Chief Executive on progress in terms of the community planning review as it relates to the proposed review of the Scheme for the Establishment of Community Councils in North Ayrshire.(copy enclosed). 2. Urgent Items Any other items which the Provost considers to be urgent. North Ayrshire Council, Cunninghame House, Irvine KA12 8EE

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3 North Ayrshire Council Sederunt: Joan Sturgeon Robert Barr John Bell Matthew Brown John Bruce Marie Burns Ian Clarkson Joe Cullinane Anthea Dickson John Easdale John Ferguson Alex Gallagher Willie Gibson Tony Gurney Jean Highgate Alan Hill John Hunter Elizabeth McLardy Grace McLean Catherine McMillan Peter McNamara Ronnie McNicol Ruth Maguire Tom Marshall Jim Montgomerie Alan Munro David O'Neill Irene Oldfather Donald Reid Robert Steel (Provost) (Depute Provost) Attending: Apologies: Meeting Ended: North Ayrshire Council, Cunninghame House, Irvine KA12 8EE 3

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5 NORTH AYRSHIRE COUNCIL Agenda Item 1 North Ayrshire Council 9 September 2015 Subject: Purpose: Review of the Scheme for the Establishment of Community Councils To provide an update on progress in terms of the community planning review as it relates to the proposed review of the Scheme for the Establishment of Community Councils in North Ayrshire. Recommendation: That the Council agrees to proceed with a formal review of the Scheme for the Establishment of Community Councils on the basis of the timetable set out at Appendix 1 1. Introduction 1.1 Statutory provision for community councils is contained in the Local Government (Scotland) Act 1973 (the "1973 Act") and Section 22 of the Local Government Etc (Scotland) Act 1994 (the "1994" Act). The 1973 Act identifies the general purpose of a Community Council as being "to ascertain, coordinate and express the views of the community which it represents, in relation to such matters for which those authorities are responsible, and to take such action in the interests of that community as appear to it to be expedient and practicable." 1.2 The current North Ayrshire Scheme was adopted by the former Corporate Policy Committee on 7 February 2006 and provides for seventeen community councils, ten of which (Arran, Cumbrae, Dalry, Fairlie, Irvine, Kilbirnie & Glengarnock, Kilwinning, Largs, Skelmorlie and West Kilbride) are active at present. 1.3 The 1973 and 1994 Acts allow for Community Council Schemes to be reviewed from time to time to take account of changing circumstances. In June 2013, a report to the Council identified a number of factors, including work towards Locality Planning arrangements and the Community Empowerment (Scotland) Bill (now enacted), which justified such a review being undertaken. 5

6 1.4 As a prelude to a formal review of the Community Council Scheme, a public consultation exercise was conducted in July 2013 and its outcome reported to the Council on 18 December Thereafter, a feedback workshop for community councils and other respondent took place on 24 February The decision to progress to a formal review of the Community Council Scheme was, however, held in abeyance pending further work in relation to Locality Planning arrangements and give time for the Community Empowerment (Scotland) Bill to be enacted. 1.5 The Community Empowerment (Scotland) Bill was enacted this year and includes a need to clarify and provide guidance on the role of community councils within the wider Community Planning approach. Section 6 of the Community Empowerment (Scotland) Act 2015 places a statutory duty on the Community Planning Partnership and Local Authority to prepare a local outcomes improvement plan and consult such community bodies as it considers appropriate, including community councils. Additionally, Section 10 of the Act specifically requires the CPP to produce Locality plans for persons residing there who experience significantly poorer outcomes which result from socio-economic disadvantage than:- (a) those experienced by persons residing in other localities within the area of the local authority, or (b) those experienced by persons residing in Scotland. This requirement means the CPP and the Local Authority must engage with representative bodies such as community councils. It is, therefore, appropriate at this stage to proceed with the formal review of the Community Council Scheme. 1.6 Significant progress has now been made in terms of Locality Planning, with the Council having approved the establishment of six Locality Partnerships (representing Arran, Garnock Valley, Irvine, Kilwinning, North Coast & Cumbraes and the Three Towns). 1.7 Furthermore, the Public Bodies (Joint Working) (Scotland) Act 2014, which put in place the legislative framework to integrate health and social care services in Scotland, requires each Integration Authority to establish at least two localities within its area. Every locality will involve a range of people from different backgrounds and it is envisaged that community councils will have a role to play in supporting their work. 6

7 1.8 It is anticipated that, following the review of the Community Council Scheme, there will continue to be provision for a community council serving each community within North Ayrshire, with a cluster of community councils (i) sitting within the boundary of each of the six new Locality Partnership areas and (ii) supporting the Health and Social Care locality planning arrangements. It is also expected that the membership criteria of community councils will be expanded to include those over the age of 16 and that community council chairs will sit on the Locality Partnership for their area (with another community representative appointed in any cases where a community council did not exist). 2. Current Position 2.1 Section 22(2) of the 1994 Act allows local authorities to revoke a community council scheme (or an amended scheme) and make a new scheme. Public notice must be given of this intention, inviting the public to make suggestions as to the areas and composition of community councils within a period of no fewer than eight weeks from the date of the notice. 2.2 After considering the outcome of the initial 8-week consultation period, the Council is required to prepare and give public notice of a draft scheme, which is itself subject to an eight week consultation period and includes :- (i) (ii) (iii) (iv) (v) a map showing the boundaries of the proposed areas of community councils and their populations, and the boundaries of any area for which the local authority concerned consider a community council to be unnecessary; where a local authority consider that a community council is unnecessary for any area, a statement of their reasons for arriving at that conclusion; provisions relating to the qualifications of electors, elections or other voting arrangements, composition, meetings, financing and accounts of community councils; provisions concerning the procedures to be adopted by which community councils on one hand and local and public authorities with responsibilities in the areas of the community councils on the other will keep each other informed on matters of mutual interest; and such other information as, in the opinion of the local authority, will help the public to make a reasonable appraisal of the scheme. 7

8 2.3 The Council should then consider any representations made in terms of the draft Scheme and give public notice of any amendments to the proposals, inviting the public to make representations during a further four week consultation period. Following this, the amended scheme can be formally adopted and public notice given. 2.4 Each stage of the formal consultation process should be considered at a Special Meeting of the Council held for that purpose. However, the most common mechanism for this is that the Special Council meetings are held immediately before/after an Ordinary Meeting of the Council. 3. Proposals 3.1 It is proposed that the Council agrees to proceed with the formal review of the Scheme for the Establishment of Community Councils on the basis of the Option 2 timetable set out at Appendix Implications Financial Implications 4.1 The cost of public notices will be met from existing budgets. Human Resource Implications 4.2 None arising from this report. Legal Implications 4.3 Provision for the establishment and review of community councils is contained within the Local Government (Scotland) Act 1973 and Local Government Etc (Scotland) Act Equality Implications 4.4 The review is intended to ensure that community councils can be as inclusive and representative as possible, particularly with regard to encouraging younger members. Environmental and Sustainability Implications 4.5 None arising from this report. Implications for Key Priorities 4.6 The outcome of the review will help the Council engage with communities more widely through community councils as representative bodies and assist in meeting the outcomes of the Locality Planning and Local Outcome requirements of the Community Empowerment (Scotland) Act

9 5. Consultations 5.1 Initial informal consultation took place with community councils in Further community council consultation will now take place as part of the wider public consultation process. 6. Conclusion 6.1 A public consultation exercise on community councils was undertaken by the Council in However, a formal review of the Scheme for the Establishment of Community Councils itself has been held in abeyance whilst Locality Planning arrangements have been progressed. The timing is now appropriate to proceed with the formal review of the Scheme. ELMA MURRAY Chief Executive Reference : For further information please contact Melanie Anderson, Committee Services Team Leader on telephone Background Papers Model Scheme for the Establishment of Community Councils (2009) Scottish Government Community Council Short-Life Working Group report and recommendations (September 2012) Scottish Government Survey of Local Authority Community Councils (October 2012) North Ayrshire Council public consultation on the Scheme for the Establishment of Community Councils (July 2013) 9

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11 Proposed Review Timetable The undernoted timetable makes provision for the required Special Meetings of the Council to consider the review stages, these Special Meetings to take place before/after a planned ordinary meeting where possible:- Date Event 9 September 2015 Initial report to a Special Meeting of the Council on the intention to review the Scheme and begin the first 8-week consultation period w/e 18 September 2015 Public Notice appears in local press 13 November 2015 Conclusion of first 8-week consultation period 25 November 2015* Report to a Special Meeting of the Council on the outcome of the first 8-week consultation period and to agree a further 8-week consultation period w/e 4 December 2015 Public Notice appears in local press 5 February 2016 Conclusion of second 8-week consultation period 17 February 2016 Report to a Special Meeting of the Council on the outcome of the second 8-week consultation period and to agree a final 4-week consultation period w/e 26 February 2016 Public Notice appears in local press 25 March 2016 Conclusion of 4-week conclusion period 30 March 2016 Report to a Special Meeting of the Council to approve the new Scheme w/e 8 April 2016 Public Notice appears in local press * Special Meeting required on a day when the Council would not otherwise be expected to meet 11