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Scheme for the Establishment of Community Councils
1. Local authority administration area
The area identified as West Dunbartonshire.
2. Purpose of community councils
2.1 The general purposes of community councils are:
· to ascertain and co-ordinate the views of their community
· to express these views to the appropriate local and public authorities
· to act in the interests of their community
Community councils should work to promote involvement and a sense of community spirit within their community.
2.2 Community councils will carry out the responsibilities laid down by Act of Parliament. In particular, they will be consulted on matters relating to planning and licensing.
3. Community council designations, boundaries
3.1 The physical boundaries, the populations and the number of members to be appointed to community councils for each area are detailed in Appendices 1 and 2 of the Scheme.
4. Establishment and composition of community councils
4.1 If 20 electors within an area designated as a community council area apply for a community council to be established, elections will take place to establish a community council for that area.
4.2 A community council will consist of:
(a) Persons elected under this scheme;
(b) Additionally up to one third of the maximum elected membership of each community council may be nominated from special interest groups and voluntary forums, provided they live in the community council area, they are on the electoral roll for the area, and they are the only person representing their group on the community council. They are not entitled to hold office but are entitled to vote at all ordinary meetings of the community council, except those affecting the constitution of the community council;
(c) A community council can also appoint members for any special purpose by reason of their interest in or expertise in matters relating to the area of the community council. These people will be appointed for a fixed period, will not be entitled to hold office to vote and their membership will not extend beyond the annual general meeting next following their appointment, but they may be re-appointed
The number of people appointed in this way will not exceed one fourth of the number of elected members serving at that time; and
(d) The elected members of West Dunbartonshire Council whose wards include any part of the area of a community council will be members of that community council ex officio. They will not be entitled to hold office and will not be entitled to vote on any item of business considered by the community council.
5. Qualification for nomination, election and holding office as a member of a community council
5.1 A person will qualify as a candidate for election as a member of a community council if:
(a) on the day of his/her nomination as a candidate he/she is a local government elector for the area of that community council;
(b) on the day on which he/she is nominated or subsequently he/she is not a member of West Dunbartonshire Council or a British or Scottish Parliament or European Parliament; and
(c) his/her proposer and seconder are people who are local electors for the area for which the nomination is being made.
6. Elections
6.1 In principle, elections will take place in October 2002 and at four yearly intervals thereafter.
6.2 West Dunbartonshire Council will set the date of the elections, after consultation with community councils and taking into account the dates for other national elections, local and parliamentary by-elections and referenda.
6.3 Where the number of nominations received for an area is less than half the number of vacancies for elected members the community council will not be established at that time.
6.4 If a community council is not established for any area at an ordinary election then, at any time, if 20 or more electors in the relevant area apply to the Chief Executive, an election will be held.
6.5 People not elected under 4.2 (a) may not hold office.
7. Casual vacancies
7.1 A casual vacancy will be deemed to have arisen if any of the following takes place:
(a) the death of a member;
(b) resignation of a member intimated at a regular meeting or in writing to the secretary or chair of the relevant community council;
(c) non-attendance of a member at the meetings of the community council for a period of six months or three successive meetings without apology, whichever is the shorter;
(d) a member ceases to be qualified as a candidate for election as a member of a community council as specified in the Scheme;
(e) when an elected community councillor no longer lives in the area where he/she has been elected or is elected to the Local Authority, Scottish, British or European Parliament; and
(f) when the number of elected members is enough to sustain the community council but less than the number of members to be appointed in terms of Appendix 2 of the Scheme.
7.2 When a casual vacancy occurs in the elected membership, a community council will be entitled to co-opt any person qualified as a candidate for election as a member of the community council and they shall serve as an elected member for the duration of time remaining of the person they are replacing. In co-opting a member to fill a casual vacancy the community council will advertise the vacancy, invite nominations and have regard to the list of unsuccessful candidates at the most recent elections for that community council.
8. Public meetings and the annual general meeting
8.1 A community council will meet no less than 4 times per year (from the date of the annual general meeting) in addition to the annual general meeting which will consider and approve the audited financial statement and the draft budget prior to its submission to West Dunbartonshire Council. The annual general meeting must be held no later than the last day of May each year.
(a) Apart from these mandatory meetings a community council will hold as many meetings as it thinks necessary during each year and in an election year will hold a meeting within 21 days after the date of the election.
(b) Meetings will be held at whatever times, dates and locations the community council may decide.
(c) Public notification will be given of the place, time, and date of all community council meetings.
8.2 The quorum for any meeting of a community council will be at least one third of its elected members, one of whom must be an office bearer.
8.3 All meetings of the community council will be open to members of the public other than on issues relating to the employment of staff or as otherwise sanctioned with the prior approval of West Dunbartonshire Council.
8.4 Whether before or during any meeting of the community council a member becomes aware that he/she or any person connected with him/her has, directly or indirectly, a material interest in or relating to matters to be considered, he/she will declare that interest and withdraw from the meeting for that matter.
8.5 Subject to the provisions of this Scheme a community council will make standing orders for the regulation of its proceedings and business and can vary or revoke any such orders.
8.6 The secretary will be responsible for producing a true and accurate record of the business of every meeting in the form of a minute which will be signed at the next meeting of the community council by the chairperson. The minute must record:
(a) the date, time and place of the meeting;
(b) the names and status of members and other people attending the meeting;
(c) the names and status of those members unable to attend but who have presented apologies;
(d) all decisions taken, and actions approved; and
(e) the date, time, and place of next meeting.
The minute must also:-
(f) be distributed to all elected, nominated, appointed and ex officio members at least 3 working days before the next meeting;
(g) after approval by the community council, be sent within two weeks, to the Chief Executive of West Dunbartonshire Council;
(h) be made available for inspection by a member of the public at any time with reasonable notice being given; and
(i) be available as a certified copy on request in writing by any member, which may incur a fee to be determined by the community council.
8.7 A special meeting can be called:
(a) by the chairperson and the secretary;
(b) when requested in writing by at least one fourth of the elected members; or
(c) when requested in writing by twenty electors for the area of the community council
Special meetings will be held within 21 days of the secretary of the community council receiving a written request stating the reason. A meeting will only be called if the subject matter of the request cannot be dealt with at the next ordinary meeting of the community council. The chairperson will decide on this.
8.8 All advertisements giving notice of the time and place of community council meetings will be published in local outlets at least 7 days before the date of the meeting. The meetings will be widely advertised so that the local community has the opportunity to know about them. Where possible, up to three public places in the community council’s area should be identified where notices could be placed to advertise meetings. These advertising points will be made known to the public, and notified to West Dunbartonshire Council.
9. Appointment of office bearers
9.1 Every community council, at its first meeting, which will take place within twenty one days after the election of members, will elect:
(a) one of its members to be chairperson of the council;
(b) one of its members to be vice-chairperson;
(c) one of its members to be secretary to the council; and
(d) one of its members to be treasurer to the council.
The inaugural meeting will be chaired by a West Dunbartonshire councillor for the area until the election of the chairperson.
9.2 The office-bearers of a community council will serve for one year from the date of the annual general meeting but may be re-elected at the next annual general meeting.
9.3 Each member of the Community Council shall agree in writing to abide by the Constitution, any Standing Orders and Code of Practice.
10. Constitution
10.1 Appendix 4 shows a model constitution which West Dunbartonshire Council recommends community councils to adopt.
10.2 Each community council will draw up its own constitution for its establishment and management, within the terms of this Scheme. Each constitution will include:
(a) the name of the community council;
(b) the area of the community council;
(c) its objectives;
(d) its membership, composition and functions including arrangements for the appointment of people who are not elected members of the community council;
(e) election of office bearers;
(f) finance and accounts;
(g) provision for alteration to the constitution; and
(h) provision for dissolution, including arrangements for the disposal of the assets of the community council .
10.3 The constitution when approved by the community council, will be submitted to the most senior Legal Officer of West Dunbartonshire Council for confirmation and final approval within six months of the date of the first election. Once approved by that officer, it will become the constitution of that community council.
11. Finance and accounts
11.1 In each financial year, West Dunbartonshire Council will decide on the amount of funds to be set aside for the general running costs of community councils, providing they are complying with 8.6 (g).
11.2 This sum shall contain the following elements:
(a) a fixed basic grant for all community councils;
(b) a per capita allowance per head of population of the area of the community council; and
(c) an amount which will allow community councils to arrange suitable insurance cover through the Community Council Forum. This amount will be topsliced from the grant before payment to ensure that adequate insurance cover is in place.
11.3 The level of each of these elements will be agreed by West Dunbartonshire Council yearly.
11.4 Community councils will be advised each year of their maximum grant, based on the elements above.
11.5 Before receiving the grant from West Dunbartonshire Council, community councils will have to submit their previous year’s audited accounts and current year’s budget together with a completed grant application form.
11.6 The grant will be issued as a cheque made payable to the community council. If community councils do not ask for their maximum allocation initially, they will be able to request additional amounts up to this annual maximum should they require it. These requests should be made to the Grants Administrator by the end of December of that year.
11.7 In deciding on the amount payable to a community council, West Dunbartonshire Council will take into account any surplus funds held by the community council where:
(a) the surplus funds are from the grant previously given by West Dunbartonshire Council and not from the community council’s own fund raising efforts;
(b) the surplus held exceeds 20% of the allocated grant; and
(c) the surplus funds are not being held for a specific future requirement stated by the community council.
11.8 In carrying out their duties, community councils will not spend more than the sum provided by grant, unless they themselves have raised funds to meet additional expenditure.
11.9 Each community council will keep records as West Dunbartonshire Council directs.
11.10 Community council funds will not be given to any political party or used for the sponsorship of any candidate at any Parliamentary Election, or any election to any local, National or International Authority.
11.11 The council can make loans to community councils for projects which help them achieve the aims of their constitutions. The duration of loans and the interest charged (if any) will be agreed between the council and the respective community councils.
11.12 Loans will be taken out in the name of a community council. Security for loans will be granted by the office bearers as trustees for the community councils and their successors in office.
11.13 In addition to funds which a community council raises itself and the initial grant and financial assistance with administrative expenses in paragraph 11.2 above, the council may contribute towards the costs of projects undertaken by a community council. These projects must be approved in advance in writing by the council.
11.14 Every community council is empowered to raise funds for schemes, projects and all other purposes within its stated objectives.
11.15 The community council will use the money it receives, by grant from West Dunbartonshire Council or through fund raising activities, to maintain its administrative structure or to further its objectives.
11.16 The Council will also give additional grant funding to cover the net property costs of Community Councils which operate their own or a shared property, providing they are complying with 8.6(g).
11.17 This grant will cover rent, non-domestic rates, water/sewerage charges, fuel, and general maintenance/ repairs to the property.
11.18 In order to encourage income generation, Community Councils will be permitted to retain 10% of all income generated.
11.19 To apply for this grant, an application form should be completed providing an estimate of property related income and expenditure for the following financial year and submitted to the Council by no later than 31st March.
11.20 If the application is agreed, 50% of the agreed amount (less any sums payable to WDC) will be paid early in April and the balance will be paid after receipt of audited accounts for the previous year. If the actual running costs are less than estimated, the excess will be deducted from the following year’s grant. If no further grant has been applied for, the excess must be returned to the Council.
11.21 If a Community Council wishes to carry out planned maintenance or large repairs to the property, a separate grant application form must be completed. The Community Council must provide a minimum of three estimates from different firms and these should be included with the application. All grant funded major works must be authorised by the Council before commencing.
11.22 The treasurer of a community council will keep full and proper accounts of all income and expenditure and will prepare accounts to 31st March each year. These accounts will be audited by the Council’s Audit Section or by auditors approved by the Head of Finance of West Dunbartonshire Council. The Community Council may choose which method of auditing to adopt.
11.23 The Audit Section will prescribe the accounting procedures to be adopted by Community Councils who wish to submit their accounts to the Council for audit.
11.24 Each community council will submit an audited statement of accounts for the past financial year to its annual general meeting. The audited statement of accounts must be submitted to the council within a period of six weeks following its annual general meeting.
11.25 A community council can, with the agreement of West Dunbartonshire Council, acquire and hold heritable property. If the Council does not agree it must give reasons. The title to the property will be in the names of the current office bearers as trustees for the community council and their successors in office.
12. Assistance
12.1 At the request of community councils, West Dunbartonshire Council can help to provide staff, accommodation, furniture, vehicles or equipment on terms agreed between the council and community councils.
13. Review of community councils
13.1 West Dunbartonshire Council will review how community councils are working to make sure that they are operating efficiently and appropriately in accordance with the Scheme. This review will take place every 3 years, the first review taking place in 2002.
14. Suspension of a community council
14.1 Where for any reason West Dunbartonshire Council judges that a community council is not conforming to the Scheme, then West Dunbartonshire Council, after consultation with the community council concerned, can formally suspend that community council. This will be done by written notice which will have immediate effect.
14.2 The community council’s rights and privileges, particularly regarding consultation on planning matters, will immediately cease.
14.3 The community council will then revert to the status of a steering committee. The steering committee will consider matters and take action as necessary to conform to the Scheme. For this, they will be eligible to apply for assistance from West Dunbartonshire Council. The community council will be granted re-instatement when it can satisfy West Dunbartonshire Council that it will be able to conform to the Scheme.
14.4 When a steering committee is unable to conform to the Scheme within a period of three months from the date of suspension, then West Dunbartonshire Council will formally dissolve the community council.
15. Dissolution
15.1 Dissolution can happen either on a voluntary basis by resolution of the community council, or by the resolution of West Dunbartonshire Council. In normal circumstances, such a decision by West Dunbartonshire Council will be made only after due consultation with, or suitable notice to, the community council. West Dunbartonshire Council will advertise the dissolution of a community council by giving appropriate public notice.
15.2 Where West Dunbartonshire Council has reasonable grounds to believe that a community council is no longer operating, then it may immediately dissolve that community council, and give public notice of this action.
15.3 Where West Dunbartonshire Council has reasonable grounds to believe that a community council is significantly diverging from this Scheme, then it can immediately dissolve that community council, and give public notice of this action.
15.4 When a community council is dissolved, its property will transfer to West Dunbartonshire Council, who will keep the funds in a suspense account for one year for use by a successor community council should one be formed. Property and equipment which has been financed using West Dunbartonshire Council funds will be re-distributed at West Dunbartonshire Council’s discretion, subject to consideration of any requests made by the Community Council prior to its dissolution.
15.5 Community councils will make arrangements in their constitution for a process of voluntary dissolution.
16. Equal Opportunities
16.1 It will be the duty of every community council to make sure that its general responsibilities and activities are carried out fully in accordance with current legislation and West Dunbartonshire Council’s policies and practices with regard to equal opportunities.
16.2 Meetings must where possible take place in venues which offer access and facilities suitable for everyone.
17. Amendments of Scheme
West Dunbartonshire Council, taking into account changing circumstances and any representations made to it, will from time to time review this Scheme as outlined in 13.1 of this Scheme. Where it considers that the Scheme should be amended it will follow the procedure specified in Section 53 of the Local Government (Scotland) Act 1973, as amended by the Local Government (Miscellaneous Provisions) (Scotland) Act 1981.
18. Consultation/exchange of information
18.1 West Dunbartonshire Council recognises community councils as bodies under statute which should be consulted and informed over matters of mutual interest. It will make appropriate arrangements for keeping community councils informed on these matters. This will enable community councils to find out, co-ordinate and express to West Dunbartonshire Council and other bodies the views of the communities they represent.
19. Code of Practice
The Code of Practice is Appendix 3
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