Community Councils

South Ayrshire Community Council Scheme and Handbook

INTRODUCTION

A1	-	The Role of a Community Council
A2	-	Responsibilities
A3	-	Rights
A4	-	Consultation regarding Community Council Scheme
Appendix A1	-	Name, Description and Membership of Community Council

A1 The Role of a Community Council

A1.1 Community Councils are an important part of South Ayrshire’s community. They confirm the Government’s commitment to an inclusive democracy which involves local people in the decisions made by their local authorities. The Scheme helps local authorities and community councils develop their relationship effectively and details the framework within which community councils exist.

A1.2 Community Councils are voluntary bodies which exist within a statutory framework and which have been granted statutory rights of consultation. The general purpose of a Community Council is to ascertain, co-ordinate and express the wider views of the entire community within its agreed boundaries. Community Councils will seek to represent and include all sections of their communities, regardless of age, gender, ability, ethnic origin, political or religious beliefs, or sexual orientation. They can complement the role of the local authority but are not part of local government.

A1.3 Community Councils may also undertake other functions within the terms of their own constitution. It is the responsibility of a Community Council to satisfy South Ayrshire Council, that they have taken positive steps to ascertain the views of the wider community within their area, before making representations on any matter, on behalf of the community. Such ‘positive steps’ should include the advance public display of notice of Community Council meetings, the advance public display of the agenda and the public display of minutes following approval by the Community Council.

A1.4 South Ayrshire Council recognises the voluntary status of Community Councils, and respects the individuality of the communities they represent. The active involvement of Community Councils will bring benefits both to South Ayrshire Council and local communities. Community Councils should support and complement the role of South Ayrshire Elected Members in ensuring that local opinion is taken into account in matters of policy or operation. Community Councillors should develop their relations with South Ayrshire Council into one of partnership.

A2 Responsibilities

A2.1 South Ayrshire Council's responsibilities are

A2.1.1 to prepare, approve, publish and review the Scheme for Community Councils, after due consultation with Community Councils and the public.

A2.1.2 to provide financial and administrative assistance to Community Councils, subject to the various financial and resource constraints placed on South Ayrshire Council. South Ayrshire Council will provide an annual administration grant to Community Councils to meet the costs of the Community Council undertaking its statutory duties.

A2.2 The administration grant shall only be used for administrative or secretarial expenses necessarily incurred on behalf of the Community Council. Reference should be made to Section E which contains further information on the administration grant.

A2.3 South Ayrshire Council may provide grants to Community Councils for other purposes for specific projects. These requests for financial assistance will be considered by South Ayrshire Council in conjunction with other requests on its various resources. Applications for specific funding can be obtained from the Grants Officer, Development, Safety and Regulation, South Ayrshire Council, County Buildings, Wellington Square, Ayr KA7 1DR (Telephone: 01292 612463).

A2.4 South Ayrshire Council has a statutory obligation to consult with Community Councils regarding planning applications. This is achieved by the Head of Planning, Building Standards and Licensing circulating a weekly list of planning applications to Community Councils. This list contains basic information regarding the applicant, agent, site address, proposed development and other locational characteristics.

A2.5 A strict timescale is laid down in legislation which requires South Ayrshire Council to determine planning applications within a period of two months and any consultation undertaken by South Ayrshire Council must be completed within this period.

A2.6 Consequently on receipt of the information from Planning the Community Council then has up to seven days to request further information regarding any particular application. It is followed by a fourteen day consultation period that commences on the date that Planning issues these further details. Reference should be made to Section H which contains further information on planning applications.

A2.7 South Ayrshire Council will help increase public awareness of Community Councils by providing publicity for election dates. It is intended that this will emphasise the special role of the Community Council, highlight the close co-operation with South Ayrshire Council and also reduce expenditure by individual Community Councils on advertising elections. Reference should be made to Section B which contains further information on the election process.

A2.8 Minutes and reports of South Ayrshire Council's committees and sub-committees will be made available for inspection on South Ayrshire Council’s webpage www.south-ayrshire.gov.uk unless the information is specifically excluded from publication. (Hard copies may be made available on request.)

A2.9 South Ayrshire Council shall regard Community Councils as legitimate representatives of the community. South Ayrshire Council will invite the views of Community Councils on relevant matters of general local interests. Council officials will respond to correspondence by acknowledgement within 5 working days and substantively within 20 working days.

A2.10 South Ayrshire Council will work with Community Councils for the formation, development, and publicity of Community Councils.

A3 Rights

A3.1 The rights which South Ayrshire Council may choose to exercise are as follows

A3.2 South Ayrshire Council may appoint an officer to inspect the accounts and records of a Community Council at any time. South Ayrshire Council may write to both the Secretary and the Treasurer seeking access to the records, and either of them, or any Community Councillor, must contact the appointed officer within 7 days of the date of the letter, to make arrangements for the inspection to take place. The inspection must take place within 28 days of the date of the letter or at such other mutually agreeable time.

A3.3 Where it appears that a Community Council is not complying with the requirements of the Scheme, the circumstances will be discussed initially by the Director of Development Safety and Regulation and the Community Council with a view to resolving any problems. In the event that agreement cannot be reached, South Ayrshire Council may suspend the Community Council. This action will be taken only if the Community Council is found not to be conforming to the Scheme for Community Councils and will result in the Community Council losing the rights to

consultation on any South Ayrshire Council matter;
receive grants; and
receive South Ayrshire Council minutes.

A3.4 Where a Community Council is dissolved there is an obligation on South Ayrshire Council and the Community Council to arrange for an orderly gathering of funds and assets of the Community Council, and for those funds and assets to be disposed of in accordance with Section E on Financial Management.

A3.5 South Ayrshire Council has the right to receive from Community Councils copies of

minutes of all meetings,
annual report, where produced,
audited accounts, and
property list.

These items shall be provided to the Director of Development Safety and Regulation as soon as they have been formally approved by the Community Council.

A4 Consultation regarding Community Council Scheme

A4.1 In accordance with Section 51(6) of the Local Government (Scotland) Act 1973, on adoption of this new Scheme, South Ayrshire Council shall give public notice of the Scheme together with an invitation to electors in all Community Council areas to write to the Director of Development, Safety and Regulation to establish a Community Council, in accordance with this Scheme where this has not already been done.

A4.2 South Ayrshire Council, having regard to changing circumstances and to any representations made to them, shall from time to time review this Scheme, and where they consider that the Scheme ought to be amended, they shall proceed in accordance with the provisions and procedure specified in Section 53 of the Local Government (Scotland) Act 1973, as amended by the Local Government (Miscellaneous Provisions) (Scotland) Act 1981, and Section 22 of the Local Government etc. (Scotland) Act 1994, to effect such amendment.