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Standing Orders
The first meeting of the Council after an ordinary election of Councillors shall be held at 10.00 a.m. on a date to be fixed by the Chief Executive as Returning Officer. At this meeting, the Council will:-
The duration of the term of office of the Provost and Depute Provost (the Chair and Depute Chair of the Council) shall extend until the next ordinary election of the Council, except that the Council may remove from office the Provost and / or Depute Provost by a majority of the members of the Council present and voting thereon at any meeting of the Council, providing the item of business is specified in the notice calling the meeting. The Council may proceed immediately to fill the resultant vacancy / vacancies.
Terms of Office of Leader, Chairs, etc
The duration of the term of office of the Leader and Depute Leader of the Council and of all Chairs of Standing Panels shall extend until the next ordinary election of the Council, except that the Council may remove from office any such post-holder by following the procedure set out in Term of Office of Provost.
Ordinary Meetings
Subject to paragraphs First Meeting and Special Meetings of these standing orders, ordinary meetings of the Council shall be held on an 8–weekly cycle in accordance with a timetable approved by the Council. Changes to the timetable must be made not later than the preceding ordinary Council meeting.
The Chief Executive shall call a special meeting of the Council at any time on being requested to do so by the Provost or on receiving a requisition in writing for that purpose specifying the business proposed to be transacted at the meeting signed by at least one fourth of the Members of the Council, which meeting shall be held within 14 days of such request or requisition being received by the Chief Executive.
Place of Meetings
Ordinary meetings of the Council shall be held within the County Buildings, Ayr at 10.00 a.m. or at such other place or hour as the Council may from time to time direct.
Notice of Meetings
(a) All meetings shall be called by notices posted at the County Buildings at least three clear days before the meeting or, if the meeting is convened at shorter notice, then at the time the meeting is actually convened.
(b) The Notice of meeting shall be given to Members in accordance with the provisions of the Local Government (Scotland) Act 1973 as amended by being sent by post or delivered to each Member at his or her usual place of residence or at such other address as may be notified to the Chief Executive, the notice specifying the date, place and time of the meeting and the agenda of business.
(c) Want of service of a notice on any Member shall not affect the validity of a meeting of the Council.
Cancellation of Meetings
The Provost may cancel any scheduled meeting because of lack of business, inconvenience to Members, or unavailability of Members due to illness or other reasons as are thought appropriate. Cancellation will be intimated as soon as possible.
If, within ten minutes after the time appointed for a meeting of the Council a quorum of Members be not present, the Chief Executive shall minute that owing to the want of the necessary quorum, no business was done. No business shall be transacted at a meeting of the Council unless at least one fourth of the whole number of members of the Council are present. The quorum for Panels shall be determined from time to time but shall in no case be less than one-fourth of the membership. Subject to the above and paragraph 69, the quorum for Panels with up to four Members shall be two and the quorum for Panels with more than four Members shall be three.
Order of Business
At Meetings of the Council, no business other than that specified in the agenda shall be transacted except (i) in so far as required under a Statute, or (ii) such other business as may be brought before the meeting as a matter of urgency in accordance with paragraph (j) or (l) below.
The Order of Business at every meeting of the Council shall be as follows, viz:
(a) The Provost, or, in his/her absence, the Depute Provost, shall take the chair; if both are absent the Council shall appoint a Provost pro tem.
(b) The sederunt shall be taken.
(c) The Chief Executive shall submit the notice and statutory authority (if any) for any special meeting.
(d) Minutes of the previous meeting or meetings of the Council, of which prints or copies have been previously sent to each Member of the Council, shall be submitted held as read, corrected if need be, and signed by the Provost.
(e) The Chief Executive shall draw the attention of the meeting to any items contained within the Minutes and reports of Panels or within the Agenda of business for the meeting which may be construed as relating to exempt information and in the event of a majority of the Members present and voting resolving that such items do so relate, these items shall be dealt with at the termination of all other business, the public being excluded.
(f) The Chief Executive shall draw the attention of the meeting to any items which include confidential information as defined in Section 50A(3) of the Local Government (Scotland) Act 1973, and such items shall be dealt with at the termination of all other business, the public being excluded.
(g) Minutes and Reports of Panels.
(h) Business remaining from the last meeting (if any).
(i) Business expressly required by statute, statutory instrument or order or Standing Orders to be done at the meeting.
(j) Any correspondence, communications, or other business specially brought forward at the request of the Provost and specified on the agenda.
(k) Notices of motion (in the order in which they have been received) so far specified in the agenda.
(l) Any business not specified in the agenda and brought before the meeting as a matter of urgency and of which notice has not been given as provided at paragraph Notices of Motion hereof, provided that (i) notice of motion in respect of such business shall have been given by the mover thereon after item (d) of the order of business above, and (ii) the Provost shall be of the opinion that the matter should be considered at the meeting as a matter of urgency.
(m) In the event of the business of the meeting not being completed by 2.00 pm the Council will stand adjourned, and the remaining business will be carried forward to the next or another meeting.
The Council may at any meeting vary the order of business so as to give precedence to business of special urgency.
Provost - Powers and Duties
(a) To decide on all matters of decorum, order, competency and relevancy.
(b) To determine all matters of procedure for which no provision is made within these Standing Orders.
(c) To decide between two or more Members rising or wishing to speak by calling on the Member whom he/she first observed to do so.
(d) To ensure that a fair opportunity is given to all Members to express their views on any item of business.
(e) To preserve order within the meeting.
(f) To order the exclusion of any member of the public to prevent or suppress disorderly conduct or other misbehaviour.
(g) In the event of disorder arising, to adjourn the meeting to a time and date as he/she shall fix then or later, and his/her leaving the chair in such circumstances shall without further procedure have the effect of a formal adjournment of the meeting.
(h) To sign the Minutes of the previous meeting, adjusted in accordance with any amendments adopted by the Council.
(i) To require the mover of a motion or an amendment to state its terms and commit them to writing.
(j) To exercise both a deliberative and a casting vote unless otherwise provided by statute.
Deference shall at all times be paid to the authority of the Provost. When he/she rises or begins to speak, any Member addressing the meeting shall give way; he/she shall be heard without interruption, and no Member shall speak until the Provost has finished speaking.
Every notice of a motion shall be in writing, signed by the Member of the Council giving the notice, and countersigned by one other Member. A notice of motion which shall not have been received by the Chief Executive seven days prior to the date of any meeting of the Council shall not be specified in, or transmitted with, the notice calling such meeting.
If a motion, as specified in the agenda be not moved by the Member who has given the notice thereof or by some other Member on his/her behalf, it shall, unless postponed by leave of the Council, be considered as withdrawn, and shall not be moved without further notice.
Motion Contrary to Previous Resolution
A motion which is contrary to a previous decision of the Council shall not be competent within six months from the date of that decision unless it is based on a recommendation by the Panel which made the original decision, or it is passed following suspension of Standing Orders or the Provost rules that there has been a material change of circumstances. The Provost shall explain the reason for the ruling and the reason shall be minuted.
Questions
(a) Any Member may put a question to the Provost or any Chair of a Panel or any official at any meeting of the Council concerning any relevant and competent business arising upon the agenda. If the Provost decides that the question is relevant and competent, he/she shall answer it or direct that it be answered. The Member or Official to whom the question is addressed shall be given the opportunity of replying in writing.
(b) Formal Questions - Except as provided for in Standing Order 16(a) or on a point of order, it shall not be competent for any Member to ask a question unless notice has been given to the Chief Executive and the Depute Chief Executive and Director of Development, Safety and Regulation prior to twelve o'clock noon on the day preceding the meeting. Such question shall be put and answered at question time, which shall be limited to thirty minutes. No discussion is competent on questions but a supplementary question is allowed.
Approval of Minutes
Minutes are before the Council for approval as a correct record. It shall be competent for any Member to give intimation on Minutes being submitted, that he/she intends to move the disapproval thereof as he/she may specify. Immediately on such intimation being made, the Provost shall either move the approval of the said Minutes, or of the portion specified by the Member giving intimation, or call for a motion to approve. On such a motion for approval being made and seconded, the Member giving intimation shall move as an amendment the disapproval of the said Minutes, or of the portion specified and, in the event of the amendment being seconded, a vote shall be taken after a discussion is completed.
Motions - General
Every motion or amendment shall be moved and seconded, and shall, when required by the Provost, be reduced to writing and handed to the Chief Executive and shall be read before it is put to the meeting. A Member shall not move or second more than one amendment upon a motion or any amendment and the motion.
A motion or amendment once moved and seconded shall not be altered or withdrawn without the consent of the mover and Seconder.
A motion or amendment not seconded, or which may be withdrawn or departed from after being seconded, shall not be inserted in the Minutes, unless in accordance with Notices of Motion.
Order of Debate
A Member shall not address the Council more than once on any subject under discussion, saving on a point of order, or with the consent of the Provost to make an explanation, but the mover of a motion shall have a right of reply. A Member who is addressing the meeting when a question of order is raised shall give way until the question of order has been decided by the Provost.
The mover of a motion shall, in his/her reply, strictly confine himself/herself to answering previous speakers, and shall not introduce any new matter.
After the reply is concluded, the discussion shall be held to be closed, after which no Member shall be permitted to offer an opinion or to ask a question or otherwise interrupt proceedings or to speak, except with regard to the manner of taking a vote and the question under discussion shall be put by the Provost.
Procedure for Speaking
The mover of a motion or an amendment shall not speak for more than ten minutes. Any succeeding speaker shall not speak for more than five minutes. The mover of the original motion shall have the right to speak for five minutes in reply. The foregoing limits of time may be exceeded with the consent of the majority of the Members present and voting.
A Member of the Council may either sit or stand when speaking, and shall address the Chair. He/she shall direct his/her speech strictly to the question under discussion, or to a question on order or adjournment.
Motions - Special
Suspension of a Member
In the event of any Member at any Council meeting disregarding the authority of the Provost, or being guilty of obstruction or offensive conduct or conduct likely to disrupt the orderly execution of the business of the meeting, a motion may be moved and seconded to suspend such Member for the remainder of the meeting. The motion shall be put to the meeting without discussion, and if supported by a majority of the Members present and voting, the motion shall be declared carried. Should the motion be carried, such Members shall thereupon retire from the meeting. The Council Officer shall act upon any orders he/she may receive from the Provost in pursuance of such decision.
Move to Vote
At the close of any speech, any Member who has not spoken on the question before the meeting, may move "That the question be now put". If this be seconded, then the Provost, if he/she is of opinion that the subject has been sufficiently discussed, shall, without further debate, take a vote. No speeches shall be made on the motion. If it be carried, the mover of the original motion shall have the right to reply.
Adjournment of Meeting
A motion for the adjournment of the meeting may be put at the conclusion of any speech, and shall have precedence over all other motions. It may be moved and seconded without a speech, and shall at once be put by the Provost in the form of 'Adjourn' or 'Not Adjourn'. A second motion for the adjournment of the meeting shall not be made within a period of half-an-hour, unless it be moved by the Provost, when it shall be dealt with as in the immediately preceding Order.
Suspension of Standing Orders
Any of the Standing Orders, upon motion made at any time during a meeting, may be suspended at any time so far as regards any business at such meetings. The motion, if seconded, shall, without discussion, be put to the meeting immediately. The motion shall only be carried if supported by two-thirds of those Members present and voting at the meeting.
Voting
After the Provost has announced the business on which the vote is to be taken, no Member may offer an opinion, ask a question or otherwise interrupt the proceedings until the result of the vote has been intimated.
When a motion and one amendment only are before the meeting, a vote shall be taken between the motion and the amendment with the amendment being taken first. When a motion and two or more amendments are before the meeting, the amendment last proposed, except when one of the amendments implies negation as herein after provided, shall be put against that immediately preceding, and then the one which is carried shall be put against the next preceding, and so on until there remains only one amendment, between which and the original motion the vote shall be taken.
Where a Member desires to move the direct negative of the motion this shall be first put to the vote against the motion. If this is carried, the motion and any amendment(s) shall not be put to the meeting; if it is not carried, the motion and amendment(s) shall be put to the vote in accordance with preceding Standing Order.
The vote may be taken by calling the roll, by ballot, or by a show of hands. When it is proposed to take a vote by a show of hands, any Member may object and request a roll call vote, which shall be granted without debate. All votes on procedure, however, shall be taken by a show of hands.
Any Member who has moved a Motion but failed to find a Seconder may have his/her dissent from any decision recorded in the minutes of the meeting at which the decision is taken and such dissent shall be so recorded by the insertion of a note that the Member concerned asked that his/her dissent be recorded together with the motion which failed to find a seconder.
In the case of any election or appointment to office where only one vacancy requires to be filled and only two candidates are nominated, a vote shall be taken as between them and the one receiving the majority of votes shall be declared duly elected. If more than two candidates are nominated, a vote shall first be taken as between all the candidates nominated, each Member being entitled to vote for only one candidate. If, after this vote has been taken, any candidate obtains a majority of the votes of the Members of the Council present, such candidate shall be declared duly elected. If no candidate has such a majority the name of the candidate having the fewest number of votes shall be struck out of the list of candidates. In second and subsequent votes, the same course as that prescribed with reference to the first vote taken when there are more than two candidates shall be followed, until one of the candidates obtains a majority of the votes of the Members of Council present, when he/she shall be declared duly elected or appointed, or until the candidates are reduced to two, when a final vote shall be taken and the candidate who receives the majority of votes shall be declared duly elected or appointed.
Mode of Voting in Elections where more than one vacancy
In the case of any election to office where more than one vacancy requires to be filled, a vote shall first be taken as between all the candidates nominated; where these exceed the number of vacancies, each Member being entitled to vote for candidates to the number of vacancies to be filled. The result shall be decided by the first vote, unless in the case of equality or for the lack of a clear majority of those present in favour of the number of candidates required, in which case the candidates having the lowest number of votes shall be struck off and the vote repeated until the requisite majority is secured.
Licensing Board
The Council will, at its first meeting after an ordinary election, appoint a Licensing Board and shall appoint to any vacancy arising in its membership, as required.
Appointment, etc. of Officers
In the case of an appointment of Officers where only one vacancy requires to be filled and only two candidates are nominated, a vote shall be taken as between these candidates and the one receiving the majority of votes shall be declared duly appointed. If more than two candidates are nominated, a vote shall be taken among all the candidates nominated, each Member being entitled to vote for only one candidate. If, after this vote has been taken, any candidate has an absolute majority of the Members present and voting, such candidate shall be declared duly appointed. If no candidate has such a majority, the name of the candidate having the fewest number of votes shall be struck off the list of candidates. In second and subsequent votes, the same course as that prescribed with reference to the first vote shall be followed until one of the candidates obtains the votes of a majority of the Members present and voting, when he/she shall be declared duly appointed, or until the candidates are reduced to two, when a final vote shall be taken, and the candidate who receives a majority of votes shall be declared appointed. If, on any vote, two or more candidates at the bottom of the list have an equal number of votes, the meeting shall decide by vote which of these candidates shall be struck off the list. All votes on appointment of Officers shall be taken by ballot.
Common Seal
The Common Seal of the Council shall be kept by the Chief Executive who shall be responsible for its safe custody.
The Chief Executive shall affix the Common Seal to any document which requires to be sealed in order to give effect to a decision of the Council.
Finance
The Council shall make regulations governing their policy and procedures in financial matters and those regulations shall, when made, stand part of these Standing Orders.
Contracts
The Council shall make Standing Orders relating to contracts and those, when made, shall stand part of these Standing Orders.
Deputations
Except with the consent of a majority of the Members present and voting at any meeting, no deputation shall be received by the Council unless an application for admission to the meeting, setting forth the matters on which the deputation desires to be heard, shall have been specified in the agenda.
Should the Provost be of the opinion that it would be appropriate that a proposed deputation should be received by a Standing Panel instead of by the Council, he/she may direct accordingly.
Except with leave of the meeting the Members of any deputation shall not exceed three.
When a deputation is received, it shall be competent for Members of the Council to put to the deputation any question pertinent to the subject on which they requested to be heard, but no Member shall express an opinion upon or discuss the subject, until the deputation has withdrawn.
Interpretation
The Provost shall, in discretion, with or without discussion, determine all questions of procedure in reference to which no express provision is made under these Orders.
Throughout these Orders, if not inconsistent with the context, the following terms shall have the meanings thereafter assigned to them:-
'Provost' shall mean the Chair of a meeting of the Council for the time being. 'Chief Executive' includes any duly appointed Depute.
These Standing Orders may be revised at a Meeting of the Council by a majority of the Members present and voting. Notice of intention to revise Standing Orders must be given in the Notice of Meeting.
Declaration of Interests of Members
Financial Interest - A Member of the Council who has any financial interest, direct or indirect, in any contract, proposed contract, or other matter, and who is present at a meeting of the Local Authority at which the contract, proposed contract or other matter is the subject of consideration, shall at the meeting, and as soon as is practicable after its commencement, disclose the fact and shall not take part in the consideration or discussion of the contract or other matter, or vote on any question with respect to it.
Registerable Interests - A Member of the Council who has a Registerable Interest as defined in the Councillors' Code of Conduct (whether financial or non-financial) will have recognised that it is a significant interest. If such an interest relates to any item of business before a meeting at which the Member is present, the Member shall disclose the fact and shall not take part in the consideration or discussion on the item of business or vote on any question with respect to it.
Other Interests
A Member of the Council may have interests which do not fall within the two preceding paragraphs and which may include non-registered or non-financial interests, business interests, private and personal interests or the interests of close relatives or friends. The Member must consider the relationship between the interest and the item of business to be considered at the meeting at which the Member is present. The test to be applied is whether a Member of the public, knowing all the relevant facts, would reasonably consider that the Member might be influenced by the interest. If the answer is in the affirmative, the Member shall disclose the fact and shall not take part in the consideration or discussion on the item of business or vote on any question with respect to it.
Exclusion from Meeting
A Member of Council who has made a disclosure of interest in terms of these Standing Orders shall absent himself/herself from the meeting while the relevant item of business is under consideration.
General Conduct
All Members must comply with the requirements of The Councillors’ Code of Conduct and associated regulations and guidance as issued by the Standards Commission for Scotland.
Representatives on Panels
If there are religious or other representatives appointed to the Leadership Panel when dealing with Education matters, these representatives will be entitled to participate in the debate and to vote on any issues arising.
Scheme of Delegation and Appointment of Panels Etc
(This section of the Standing Orders must be read in conjunction with the Council’s Scheme of Delegation)
The Council will prepare and adopt a Scheme of Delegation providing for the delegation of its functions to Panels and Officers. For the avoidance of doubt, there will be no delegation of powers to individual Members.
Subject to any legal requirement, the Council can amend its Scheme of Delegation and the constitution, Membership and functions of Panels and its delegations to Officers, as and when it considers necessary.
Panels must follow any instructions or decisions the Council makes on matters of policy.
Leadership Panel
The Council will establish a Panel to be known as the Leadership Panel to discharge the functions set out in the Scheme of Delegation and illustrated in Appendix A.
The Leadership Panel may choose not to discharge a particular function, but to make a recommendation on the matter to the Council. The Leadership Panel may also make recommendations to the Council with regard to functions that the Council has reserved to itself.
The Leadership Panel will be appointed by Council and will comprise 5 Members.
The Provost will not serve on the Leadership Panel.
In appointing Members to the Leadership Panel, the Council will allocate portfolios as set out in the Scheme of Delegation.
The Leader of the Council will be the Chair of the Leadership Panel and the Depute Leader of the Council will be the Depute Chair of the Leadership Panel and will chair the Leadership Panel in the absence of the Chair.
The Council may also allocate Leadership Panel Members as it considers appropriate to cover portfolio responsibilities.
Political Groups not represented on the Leadership Panel may nominate Members to act as shadow spokespersons in relation to any of the Portfolios set out in Standing Order 63 or in respect of Scrutiny Panel remits.
The Leadership Panel will meet on a four-weekly basis in weeks one and five of the cycle. Agendas for meetings of the Leadership Panel will be issued to all Members of the Council.
In week five of the cycle, in addition to discharging ordinary business, the Leadership Panel will discharge education functions on the Council’s behalf, at which point, the membership of the Leadership Panel will include:-
(a) three representatives of religious bodies appointed under Section 124 of the Local Government (Scotland) Act 1973. These Members will be counted for the purpose of establishing a quorum and will have the same voting rights as elected Members. They will not be able to appoint substitutes; and
(b) one teacher elected by teaching staff employed by the Council which Member will not be able to vote or appoint substitutes always provided that at least one-half of the Leadership Panel‘s voting membership must include Members of the Council at this point.
No business will be carried out at a meeting of the Leadership Panel unless at least three members of the Leadership Panel are present excepting that when the Leadership Panel meets to discharge education functions on the Council’s behalf, the quorum will be four.
The Chief Executive will issue a decision notice detailing decisions taken by the Leadership Panel to all Members of the Council by 5.00 p.m. on the day on which the Leadership Panel meets.
No action will be taken on decisions taken by the Leadership Panel, until a notice detailing those items:
(a) called-in;
(b) referred to Council; and
(c) which can be actioned with immediate effecthas been issued by the Chief Executive to all Members. This notice will be issued within 7 days of a meeting of the Leadership Panel.
Scrutiny Panels
The Council will establish Standing Scrutiny Panels to discharge the functions set out in the Scheme of Delegation and illustrated in Appendix A. The Standing Scrutiny Panels shall have remits which correspond precisely with the remit of the portfolio carriers within the Leadership Panel, all as specified in the Scheme of Delegation.
An Overview and Scrutiny Management Panel shall be appointed with a remit to ensure that the Standing Scrutiny Panels are operating in accordance with the Scheme of Delegation, to manage any potential conflicts or overlaps in the issues being identified for scrutiny, to prepare an Annual Report on the performance and operation of scrutiny within the Council and to undertake ad hoc scrutiny considered essential. The Overview and Scrutiny Management Panel will meet on an 8-weekly cycle.
The Council will appoint a Chair of each Scrutiny Panel.
Scrutiny Panels will meet in weeks two and six of the cycle.
No substitution will be permitted.
Scrutiny Panels may invite individuals and/or representatives of organisations with expertise or interest in aspects of their remit, either as regular participants or for a specific topic. These individuals/representatives will not be counted for the purposes of establishing a quorum, will not be entitled to vote and will not be able to appoint substitutes.
The “Call-in” Process
A meeting of Scrutiny Panel Chairs will take place on Wednesday mornings in weeks 1 and 5 of the cycle of meetings following the meetings of the Leadership Panel to consider those matters which may be called-in when the Depute Chief Executive and Director of Development, Safety and Regulation will provide advice on the appropriate body to which matters should be referred with reference to the Council’s Scheme of Delegation and meetings timetable.
Requisitions calling-in decisions of the Leadership Panel must be signed either (a) by four Members or (b) by a majority of the membership of the relevant Scrutiny Panel and be delivered to the Chief Executive no later than 4.00 p.m. on the Thursday following the day on which the Leadership Panel has met.
Decisions that are called-in will be placed on the agenda for the next meeting of the appropriate Scrutiny Panel.
Agenda for Scrutiny Panels will be issued to all Members of the Council.
Leadership Panel members may attend or be requested to attend Scrutiny Panel meetings to answer questions on matters called-in.
Decisions called-in by Scrutiny Panels will be dealt with as follows:-
(a) where the Scrutiny Panel agrees on a majority vote with the decision of the Leadership Panel, it can be implemented without further delay;
(b) where the Scrutiny Panel does not agree on a majority vote with the decision of the Leadership Panel, it will be referred back to the Leadership Panel with or without recommendations for alternative action, as determined by the Panel;
(c) the scrutiny meeting in week two can continue discussion to a meeting in week six if additional information would assist in the decision-making process. If no decision is taken in week six, the matter will be referred back to the Leadership Panel; and
(d) where there continues to be a failure to agree after a referral back to the Leadership Panel, the matter will be referred to the Council for determination.
Following meetings of Scrutiny Panels, the Chief Executive will issue a decision notice within 7 days.
Scrutiny Panels – Annual Programme of Scrutiny Reviews
Each Standing Scrutiny Panel will prepare an annual programme of scrutiny reviews to be undertaken for consideration by the Leadership Panel and approval by Council.
The Council, in establishing and appointing Members to such Panels, will have regard to the following provisions:-
(a) each Panel will require to have a clear remit;
(b) each Panel will have a minimum and a maximum membership (and may include statutory co-opted members of the Leadership Panel, depending on the nature of the topic to be scrutinised);
(c) The Chair of a Scrutiny Panel should not be the appointed opposition spokesperson for the main subject matter of his or her Scrutiny Panel;
(d) each Panel will have the power to co-opt service users and members of the public. They will also have the authority to call expert witnesses and/or call other professionals or interest groups for advice; and
(e) final Scrutiny Panel reports will be referred for a decision by the Leadership Panel or Council as appropriate.
Scrutiny Panels Established by Council
In addition to the annual programme of scrutiny panel reviews approved by Council, the Council will have discretion to set up its own ad-hoc Scrutiny Panels. The Leadership Panel can make recommendations to Council on areas for ad-hoc scrutiny. These Panels will be drawn from amongst the membership of the full Council. Final reports will be considered by Council who may also agree arrangements for the consideration of any interim reports.
All Scrutiny Panels
Any member of a Scrutiny Panel who wishes to prepare a Minority report in relation to a Scrutiny Review must advise the Chief Executive and the Chair of the Scrutiny Panel in writing before the report is submitted to Council/the Leadership Panel as appropriate. The Member then has until the next available meeting to prepare his / her report. The Scrutiny Panel report and the Minority report will be included on the agenda for the next appropriate meeting.
The Council may amend the Constitution, Membership and Remits of Scrutiny Panels as it sees fit.
Scrutiny Panels will meet in public unless otherwise determined by the Chair of the Panel, on the days, at the times and in the places fixed by the Chair.
Other Panels
The following Committees (known as Panels) will also be appointed by the Council with the functions set out in the Council’s Scheme of Delegation:
The Council may establish such Member/Officer Working Groups, as it considers appropriate. The provisions of Standing Orders will not apply to these Groups on the basis that they will have no formal decision-making powers. These Groups will meet in private.
APPENDIX A
Council, Leadership Panel and Scrutiny Panel Remits(for illustrative purposes only)
Council
Subject to the provisions of the Scheme of Delegation, the Council will discharge the following functions and will not delegate these:
(i) Determining all matters relating to Elections which are not the responsibility of the Returning Officer.
(ii) subject to the provisions of these Standing Orders, the Council will:-
(iii) approving any statement of the strategic objectives and the corporate policies of the Council; any new policies or changes to policies which may have a significant impact on the Council’s strategic objectives and corporate policies or its resources;
(iv) undertaking an annual review of, and setting the Council’s revenue budget and Council tax;
(v) undertaking an annual review of, and setting the Council’s capital programme;
(vi) determining any expenditure which does not keep to financial regulations or is not included in the annual revenue budget or capital programme;
(vii)making, altering or cancelling any scheme made under any enactment;
(viii) determining any process for the selection, appointment payment or dismissal of the Chief Executive, Directors or Heads of Service;
(ix) determining whether to co-operate or combine with other local authorities in providing services;
(x) determining a Scheme of Members’ Allowances in accordance with the provisions of the relevant Regulations;
(xi) determining any issues relating to the maintenance of standards and conduct;
(xii) resolving any disputes between the Leadership Panel and the Scrutiny Panels;
(xiii) determining the delegation of functions to Officers; and
(xiv) taking any other decisions, which cannot by law be delegated to a Panel or Officer.
The Leadership Panel
Subject to the provisions of the Scheme of Delegation, the Leadership Panel will discharge the following functions and will not delegate these:-
(i) in line with Council advice, exercising strategic leadership of the Council and promoting the Council’s core values;
(ii) taking executive decisions within the budget and policy framework approved by the Council;
(iii) developing the area’s Community Plan by working in partnership with relevant external organisations;
(iv) recommending to the Council budgets and strategic policy frameworks;
(v) developing new policies consistent with the overall strategic approach of the Council;
(vi) working with Officers and partners to implement approved strategies, plans, policies and projects;
(vii) requesting or commissioning research or other studies on matters of policy or service provision;
(viii) arranging and encouraging public participation and consultation;
(ix) ensuring the effective communication of Council Policies and Strategies;
(x) setting targets for service delivery;
(xi) securing overall best value for the authority;
(xii) responding to consultations etc.
(xiii) providing political accountability for the Council’s performance; and
(xiv) establishing working groups to advise on any aspect of its remit.
Scrutiny Panels
Subject to the provisions of the Scheme of Delegation, Scrutiny Panels will discharge the following functions in relation to their respective remits:-
(i) monitor the performance of the Leadership Panel, services and Council-funded third party or arms-length organisations against service delivery and financial targets; and
(ii) consider decisions of the Leadership Panel which have been called-in under Standing Orders.
Scrutiny Panels will also have the following powers:
(i) to invite individuals and/or representatives of organisations with expertise or interests in aspects of their remit to attend and/or contribute to meetings, either as regular participants or for a specific issue;
(ii) to require the Leadership Panel member with relevant responsibility and/or the relevant Officer to attend meetings and answer questions on matters called-in;
(iii) to request other Members of Council and outside organisations to attend meetings and/or give evidence and advice; and
(iv) to submit comments and recommendations to the Leadership Panel and the Council.
A Panel shall hold such meetings as the Council may from time to time resolve. The Depute Chief Executive and Director of Development, Safety and Regulation shall call a meeting of the Panel at any time on being requested to do so by the Chair of the Panel; he/she shall also do so on the requisition of one-fourth of the Members of the Panel and such meeting shall be held within 14 days of such request or requisition.
All Panel meetings shall be called by circular three clear days before the meeting specifying the items of business to be brought up. In cases of urgency, the Depute Chief Executive and Director of Development, Safety and Regulation may, on being requested so to do by the Chair of a Panel, call a meeting on shorter notice.
If, within ten minutes after the time appointed for a meeting, a quorum of Members be not present, the Depute Chief Executive and Director of Development, Safety and Regulation shall minute that, owing to the want of the necessary quorum, no business was done; provided that the foregoing shall not prevent a deputation being received and heard by those Members present.
May, 2007
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