Written Question · S4W-18573 · Session 4
What powers local authorities have to ensure that community councils regulate their (a) business affairs and (b) conduct.
The question
To ask the Scottish Government what powers local authorities have to ensure that community councils regulate their (a) business affairs and (b) conduct.
The answer
Local authorities have no specific powers to ensure that community councils regulate their business affairs and conduct.
However, the Local Government (Scotland) Act 1973 sets out the requirement that local authorities introduce community council schemes for their area and review those schemes from time to time. Such schemes outline various arrangements including boundaries, elections, meetings, finance, accounts and procedures for effective communication on matters of mutual interest between the local authority and community councils in their area. This is to ensure a level of consistency in the operational arrangements and business affairs of community councils across Scotland whilst recognising the need for local circumstances to be reflected.
The Model Scheme of Establishment provides that “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”. The model Code of Conduct for Community Councillors is based 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. As elected representatives of their communities, community councillors have a responsibility to make sure that they are familiar with, and if the model or any other code is adopted in relation to their community council, that their actions comply with the principles set out in that code. These principles include service to the community, integrity, objectivity and respect.
In addition to a Model Scheme of Establishment and Code of Conduct, to help community councils in their work, local authorities also have access to a model constitution, model standing orders and a good practice guidance. All of these documents are available on the Scottish Government website.
In addition, each local authority has a community council liaison officer (CCLO) working directly with community councils in their area. The model scheme provides that community councils must provide copies of their agendas and draft minutes to the CCLO within 14 days from the date of meetings.
However, the Local Government (Scotland) Act 1973 sets out the requirement that local authorities introduce community council schemes for their area and review those schemes from time to time. Such schemes outline various arrangements including boundaries, elections, meetings, finance, accounts and procedures for effective communication on matters of mutual interest between the local authority and community councils in their area. This is to ensure a level of consistency in the operational arrangements and business affairs of community councils across Scotland whilst recognising the need for local circumstances to be reflected.
The Model Scheme of Establishment provides that “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”. The model Code of Conduct for Community Councillors is based 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. As elected representatives of their communities, community councillors have a responsibility to make sure that they are familiar with, and if the model or any other code is adopted in relation to their community council, that their actions comply with the principles set out in that code. These principles include service to the community, integrity, objectivity and respect.
In addition to a Model Scheme of Establishment and Code of Conduct, to help community councils in their work, local authorities also have access to a model constitution, model standing orders and a good practice guidance. All of these documents are available on the Scottish Government website.
In addition, each local authority has a community council liaison officer (CCLO) working directly with community councils in their area. The model scheme provides that community councils must provide copies of their agendas and draft minutes to the CCLO within 14 days from the date of meetings.
In the Official Report
No contribution in the Official Report cites S4W-18573 by reference.