Scheme of Administration
SECTION 2
PROVISIONS APPLICABLE TO ALL COMMITTEES
Referred Functions1. Subject to the provisions of the Local Government etc. (Scotland) Act 1994 and any other relevant statutes and subject also to the provisions of the Council's Standing Orders, where any function of the Council is referred to a Committee, the Committee shall not have the power to exercise the function in like manner as the Council, but the Committee shall consider any matter relating to that function and report to the Council or Committee as the case may be and any recommendation by the Committee on any such matter shall be subject to the approval of the Council, or of any Committee to which that function may have been delegated.
2. There shall be excluded from reference to any Committee the following:
(a) any matter specifically referred to another Committee;
(b) any matter which the Council may decide is specifically excluded from reference to the Committee.
3. Notwithstanding the reference to one Committee of any class of functions, the Council shall have power to refer any one of those functions on any particular occasion specifically to another Committee when by reason of the nature of the matter it ought, in the opinion of the Council, to be so referred.
4. Where any question arises out of or in connection with the functions referred to two or more Committees, these Committees shall confer together and give all necessary assistance before reporting to the Council either jointly or separately.
5. In the event of any difference arising between two or more Committees, the matter shall be determined by the Council after receiving reports on the matter from each Committee concerned.
Delegated Functions
6. Subject to the provisions of the Local Government etc. (Scotland) Act 1994 and any other relevant statutes and subject also to the provisions of the Council's Standing Orders, where any function of the Council is delegated to a Committee, the Committee shall have the power to exercise the function in like manner in all respects as the Council could have exercised it had there been no delegation; provided, however, that it shall be competent for such Committee in relation to any delegated matter, instead of taking a decision thereon, to make a recommendation thereon to the Council or Committee as the case may be, in which event the matter shall be decided by the Council or Committee as the case may be after consideration of that recommendation.
7. There shall be excluded from delegation to any Committee the following:-
(a) The raising of money by Rates, Council Tax or loan.
(b) The approval annually of the Revenue Financial Plan and the setting of the level of Council Tax for any year.
(c) The approval annually of the overall Capital Financial Plan.
(d) Except as provided for in the Financial Regulations, Scheme of Delegation and Standing Orders approved by the Council, in respect of the matters referred to the Committee, the incurring of any expenditure not provided for in the estimates of Capital or Revenue expenditure unless and until such expenditure is reported to and approved by the Council.
(e) Except as provided for in the Scheme of Delegation and Standing Orders approved by the Council, the preparation, review and amendment of the Administrative Scheme regulating the constitution, membership, functions and powers of Committees of the Council.
(f) Except as provided for in the Scheme of Delegation and Standing Orders approved by the Council, the preparation, review and amendment of the Standing Orders for regulating the proceedings and business of the Council and Committees.
(g) Except as provided for in the Scheme of Delegation and Standing Orders approved by the Council, the preparation, review and amendment of the Scheme of Delegation detailing those functions delegated by the Council to its officers.
(h) The making of an order for the compulsory acquisition of any land or buildings.
(i) Other than to a Committee specially appointed for the purpose, the appointment of the Chief Executive and the dismissal of the Chief Executive, the Assessor or any Director.
(j) All matters relating to elections of Councillors.
(k) Matters relating to any alteration in the boundaries of the area or electoral wards and the number of Councillors.
(l) The preparation, and review, of a Scheme for Elected Members' Allowances.
(m) The appointment of representatives of the Council on outside bodies relating specifically to any of the functions delegated to the Council, Joint Committees and Boards and on the Convention of Scottish Local Authorities and any of its Committees and on other Local Authority Associations.
(n) The taking of decisions to co-operate or combine with other local authorities in the provision of services, other than decisions relating to any arrangements under which the Council's Trading Organisations may co-operate or combine with other contracting units in the provision of services.
(o) The preparation and review of the Scheme for Community Councils and carrying out those powers and duties relative to facilitating and co-ordinating the Council's relationship with Community Councils.
(p) Consideration of Provisional Orders or Private Bills affecting the interests of the Council and approval of the terms of any Provisional Order or Private Bill to be promoted by the Council.
(q) The assessment and determination of housing needs.
(r) The preparation of the Local Housing Strategy.
(s) The establishment of strategic agreements related to the housing service with statutory bodies, housing associations, local housing agencies and the like.
(t) Any function referred or delegated to any other Committee.
General
8. Subject to the provisions of the Local Government etc. (Scotland) Act 1994 and any other relevant statutes:(a) Each Committee shall give effect to any instruction of the Council.(b) The Council may at any time if they so determine deal with any matter included in the reference or delegation to a Committee although no report from such Committee is before them.(c) The Council may, at any time, by decision recorded in the Minutes of the Council, vary, add to or restrict any reference or delegation to any Committee or Working Group.(d) A Committee may at any time if they so determine deal with any matter included in the reference or delegation to a Working Group of that Committee although no report from such Working Group is before it.
9. The Council shall appoint all members of Committees and Sub-Committees unless otherwise provided in this Scheme. The appropriate Committee shall appoint all members of its Working Groups unless otherwise provided in this Scheme. The term of office of members of Committees shall be as decided by the Council. The Leader and Depute Leader of the Council shall be entitled, in addition to their membership of the Executive, its Sub-Committees and the Education Executive , to attend and speak at any Committee or Working Group of the Council, with the exception of Scrutiny, but shall not be entitled to vote thereat.
10. For the purpose of awarding Members' Allowances including Special Responsibility Allowances, and for the purpose of appointment of Members to Committees, the Council recognises the Local Authorities Etc. (Allowances) (Scotland) Regulations 1991 and any subsequent variation or amendment thereto. In particular, the Council shall only recognise a political group in terms of those Regulations, its Leader, Depute Leader (where specified by any political group), and the membership of any political group, where appropriate notice is delivered to the Council's Chief Executive or other authorised officer in the manner specified in Schedule 1 to the said Regulations.
Furthermore, the Council shall take account of the preferred nominations submitted by the various groups, by notice signed by the Leader or Depute Leader of the group concerned and delivered to the Council's Chief Executive or other authorised officer, in the selection of persons to be appointed as members of Committees, always however within the overall number of members of each group entitled by the Council to have membership of each Committee. The Council will also take account of any subsequent variation in the preferred nomination or nominations submitted by any group, by notice signed and delivered as aforesaid, in relation to the membership of any Committee, always subject to the same consideration as immediately before specified.
11. Casual vacancies in the membership of any Committee, however arising, shall be filled as soon as reasonably possible, taking account of Clause 10 of Section II hereof, and the term of office of members so appointed to fill casual vacancies shall be as decided by the Council; provided that in the event of a casual vacancy arising within the period of three months immediately preceding the next ordinary statutory election of councillors, the Council in the case of a vacancy in the membership of a Committee may decide that the vacancy shall remain unfilled for the remainder of that period.
12. The Council shall appoint the Chairman and Vice-Chairman of each Committee (other than the Area Committees, the Children's Panel Advisory Committee and the Licensing Boards), and unless otherwise specified in this Scheme, the persons appointed shall be Elected Members. The Chairman and Vice-Chairman of an Area Committee shall be appointed by the Elected Members who are members of that Area Committee. Each Committee shall appoint the Chairman of any Working Group of that Committee and the person appointed shall already be a member of that Committee.
13. A Committee may delegate to an Officer of the Council, or an Officer or Officers in consultation with an Elected Member or Members as appropriate, authority to undertake or discharge any function which is delegated to that Committee.
14. An Elected Member may take part in the proceedings of, speak and vote at any Committee (or Working Group) of which he or she is a member.
An Elected Member may attend the proceedings of a Committee of which he or she is not a member but may not take part or vote and may only speak if, following a prior request to the Chairman, he or she is invited to address the Committee on the matter under consideration. Such a request will normally be granted where a specific Ward issue is involved, or otherwise in exceptional circumstances at the Chairman's discretion.
A Co-opted Member may only attend, take part in, speak and vote at a meeting of a Committee of which he or she is a member.
Reports to Committees
15. Only those reports which require a decision to be taken by a Committee of the Council, or are necessary to enable the Committee to discharge its business or exercise its monitoring role, will normally be included on the agenda of any Committee. It shall be delegated to the Head of Corporate Administration to make the final determination on whether or not an item of business should be included on an agenda. Any reports which are for information only will normally be included in an Information Bulletin prepared by the Head of Corporate Administration for issue to all Members of the Council on a regular basis.
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