How can we help you...

Decision details

Scheme of Governance Review - 2024 - CORS/24/234

Decision Maker: Council

Decision status: For Determination

Is Key decision?: No

Is subject to call in?: No

Decision:

(i)             to approve Appendix C, Committee Terms of Reference, with effect from 26 August 2024, note that a further review would be reported to Council in February 2025 following consideration of committee structures by the Governance Reference Group, and instruct the Interim Chief Officer - Governance to schedule a series of meetings from September for the Group to undertake this review;

(ii)           to approve Appendix D, Powers Delegated to Officers, with immediate effect, with the exception of the changes to Appendix 2 (Scheme of Delegation for dealing with Planning Applications for Local Developments) and the changes to the delegated powers of the Chief Officer - Strategic Place Planning, which two categories of changes the Council agree shall come into effect immediately upon the changes to Appendix 2 being approved by the Scottish Ministers;and delegate authority to the Interim Chief Officer - Governance to make any further changes to Appendix 1 (Proper Officers and Statutory Appointees)which were necessary to reflect such approvals, subject to the following amendment:-

·       the proposed Chief Officer - Governance power in Appendix B and Appendix D (Powers Delegated to Officers) be replaced with the following amended power (the scored-out wording showing the extent of the amendment):

To make corrections or minor amendments to a trust deed or to amend it as required by law or as required or recommended by the Office of the Scottish Charity Regulator (OSCR), following consultation with the Chief Officer – Finance and any officer who is the lead Council officer in respect of the trust in question, but only where the trust deed relates to a trust in respect of which the Council is sole trustee or the only trustees are elected members of the Council.

with that scored-out wording also deleted where it elsewhere occurs in the Powers Delegated to Officers and the Committee Terms of Reference;

(iii)          to approve the revisions to the Standing Orders for Council, Committee and Sub-Committee Meetings as set out in Appendix B, with effect from 26 August 2024, subject to the following additions:-

·       in relation to Standing Order 16.1, insert the following additional wording as shown in italics; “Subject to Standing Orders 12.14, 16.2 and 16.3 any Member will be entitled to attend any Committee or Sub Committee meeting of which they are not a member and will be entitled to ask questions and address the meeting for a maximum of 5 minutes”.

·       in relation to Standing Order 34.1, insert the following additional wording as shown in italics; “Immediately following a vote at Committee or Sub Committee, at least one third of the membership of the Committee or Sub Committee may refer the matter to the Council, a Committee or Sub Committee for a decision (see Glossary for calculation), provided that they state a reason for referral; but subject always to the right of the Convener of the Committee or Sub Committee first mentioned to determine that the matter may not be so referred”.

(iv)          to approve the revisions to the Financial Regulations as set out in Appendix B, with effect from 26 August 2024;

(v)           to approve the revisions to the Procurement Regulations as set out in Appendix B, with effect from 26 August 2024;

(vi)          to approve Appendix E, Member - Officer Relations Protocol, with effect from 26 August 2024;

(vii)        to approve Appendix F, the Local Code of Corporate Governance, with effect from 26 August 2024;

(viii)       to note the minutes of the Governance Reference Group of 20 March, 29 April, 9 May, 29 May, 3 June, 20 June and 2 August 2024, as contained at Appendix A;

(ix)          to instruct the Interim Chief Officer - Governance to, following consultation with the Co-Leaders, make all other amendments to the Scheme of Governance which were necessary to reflect the decisions taken by the Council at this meeting in relation to the report;

(x)           to instructs the Interim Chief Officer - Governance to undertake a comparison of scrutiny models available, to report on these to the Governance Reference Group, including the Convener of the Audit, Risk and Scrutiny Committee, and to make recommendations for enhanced scrutiny within the report on Committee Terms of Reference to be presented to Council in February 2025;

(xi)          to instruct the Interim Chief Officer - Governance to produce (and update and revise from time to time as necessary) a guidance note for Conveners concerning member behaviour in meetings, such note to include reference to relevant provisions in the Standing Orders, Member - Officer Relations Protocol and Councillors’ Code of Conduct;

(xii)        to note the current arrangements for cross-party working and that no additional groups were being proposed at this time;

(xiii)       to ratify the appointment of Mr Doug Haywood to the Education and Children’s Services Committee with immediate effect;

(xiv)       to approve the Council Diary for 2025 as contained at Appendix G;

(xv)        to refer to the budget process the decision regarding whether to join the Nuclear Free Local Authorities;

(xvi)       to instruct the Interim Chief Officer - Governance to include all members of the Planning Development Management Committee on the rota for the Local Review Body and to have a pool of substitutes who could be used should they be required, subject to the necessary planning training; and

(xvii)     to approve that the remainder of the decision made by Full Council on 26 April 2023 in relation to Local Review Body membership remain. 

Publication date: 27/08/2024

Date of decision: 21/08/2024

Decided at meeting: 21/08/2024 - Council

Accompanying Documents: