Decision details

(i)       to approve the recommendations contained within the report;

(ii)      to note that the lessons learned report provided was prepared for a defined and limited purpose; and

(iii)      to support transparency and independent assurance, to instruct Internal Audit to undertake a separate lessons learned review covering the period from June 2024 to January 2025 and to report back to this Committee in May 2026, with the review to consider:

(a)            the sequence of decisions and advice associated with the Council being subject to legal challenge;

(b)            an assessment of why members were required to argue for, and the appropriateness of members being asked to vote on whether to receive, legal advice obtained by officers;

(c)             ongoing engagement with bus operators following referral of the matter by the Net Zero, Environment and Transport Committee to full Council;

(d)            the timing of legal advice in relation to the statutory requirements of Schedule 9 to the Road Traffic Regulation Act 1984 and the Local Authorities’ Traffic Orders (Procedure) (Scotland) Regulations 1999;

(e)            the advice provided to members on the competency of the motion approved at the full Council meeting on 11 October 2024, including reference to statutory consent requirements; and

(f)              whether the procedural changes outlined in the report would assist in the management of similar statutory processes in future.