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SECTION 9

AREA COMMITTEES

There shall be constituted the following Area Committees of the Council, namely Berwickshire, Cheviot, Eildon, Teviot & Lidddesdale and Tweeddale, having the following constitution, quorum and functions.

Constitution
1. Berwickshire - Ten members comprising:-
 (a) Six elected Scottish Borders Councillors, representing the Wards East Berwickshire and Mid Berwickshire.
 (b) Four representatives who must be full members of Community Councils, including one member of Duns Community Council and one member of Eyemouth Community Council. The other two persons must be members of two of the other Community Councils within the area, excluding those two Community Councils already represented.

2. Cheviot - Ten members comprising:-
 (a) Six elected Scottish Borders Councillors representing the Wards of Kelso & District and Jedburgh and District.
 (b) Four representatives who must be full members of Community Councils, including one member of the Royal Burgh of Jedburgh Community Council and one member of Kelso Community Council. The other two persons must be members of two of the other Community Councils within the area, excluding those two Community Councils already represented.

3. Eildon - Fifteen members comprising:-
 (a) Ten elected Scottish Borders Councillors representing the Wards of Galashiels and District, Selkirkshire and Leaderdale and Melrose.
 (b) Five representatives who must be full members of Community Councils, including one member of Galashiels & Langlee Community Council, one member from the Royal Burgh of Selkirk & District Community Council and one member of Melrose & District Community Council.  The other two persons must be members of two of the other Community Councils within the area, excluding those three Community Councils already represented.

4. Teviot & Liddesdale - Ten members comprising:-
 (a) Six elected Scottish Borders Councillors representing the Wards of Hawick and Denholm and Hawick and Hermitage.
 (b) Four representatives who must be full members of Community Councils, including one member of Hawick Community Council, one member from the Burnfoot Community Council and one member of Newcastleton Community Council. The fourth person must be a member of one of the other Community Councils within the area, excluding those three Community Councils already represented.

 5. Tweeddale - Ten members comprising:-
 (a) Six elected Scottish Borders Councillors representing the Wards of Tweeddale West and Tweeddale East.
 (b) Four representatives who must be full members of Community Councils, including one member of the Royal Burgh of Peebles & District Community Council, one member of Traquair, Glen & Innerleithen Community Council and one member of West Linton Community Council.  The fourth person must be a member of one of the other Community Councils within the area, excluding those three Community Councils already represented.

Chairman/Vice Chairman
6. The Chairman and Vice Chairman shall be Members of the Scottish Borders Council and shall be elected by the Members of the Council who are members of the Area Committee.

Quorum
7.  3 of the Scottish Borders Council Members of the Committee shall constitute a quorum.

Voting Rights
8. Only Members of Scottish Borders Council shall have voting rights.
9. Where a planning application under consideration by an Area Committee falls within the Ward of an Elected Member who is not a Member of that Area Committee, then he/she will be entitled to attend the meeting and vote on that application only.

Functions Referred10. The following functions of the Council shall stand referred to Area Committees:-
 (1) All matters relating to Civic Government and miscellaneous licensing, lottery permits, Amusements With Prizes permits for non-liquor licensed premises and amusement arcades.
 (2) All matters relating to Town Twinning.
 (3) All matters relating to street naming and numbering.
 (4) Advising the Council on the administration, regulation and control of the respective Common Good Funds, Trusts and Bequests and the appointment of Elected Members to Trusts.
 (5) Ceremonial matters including the use of former and current Robes and Regalia.
 * (6) Local Byelaws and Management Rules.
 (7) Supporting and liaising with Crime Prevention Panels.
 (8) Nomination of representatives to local organisations including Sports Councils etc. (9) Determination of local holidays.
 (10) Significant Superior's Consent.
 (11) Determination of appropriate planning applications, including householder applications, advertisements, minor industrial, commercial, leisure or similar proposals, single and small scale housing (normally under 10 units), agricultural developments, minor listed buildings and conservation area proposals and reserved matters applications including minor departures from the Development Plan.
 (12) Authorisation of enforcement action in pursuance of unauthorised development where a retrospective application has been refused in accordance with the recommendation of the Head of Development Control.
 * (13) Other planning matters including village plans, local plan implementation proposals, local site specific issues and local rights of way.
 (14) Building Control matters including applications for warrant recommended for refusal, applications for relaxation recommended for refusal, authority to instruct works to remove dangerous buildings, authority to instruct works to repair buildings, authority to initiate prosecution proceedings against persons in contravention of the Building Acts, safety of Sports Ground matters and facilities for the disabled.
 (15) Approval of local traffic management schemes.
 (16) Making of temporary, permanent or experimental orders for the regulation of traffic.
 (17) Approval of public processions.
 (18) All matters relating to the creation of Burgesses and Honorary Burgesses of former Royal Burghs and Burghs.

Functions Delegated
10. All functions referred to the Area Committee except those marked * and except as provided in paragraph 11 below and Section II hereof.
11. In relation to (12) and (13) above, the delegation will apply for a pilot period of two years from September 2004, the operation of these arrangements being assessed after a period of one year of operation.

General
12. In addition to the functions referred and delegated to the Area Committees, the Council and the Executive Committee may from time to time seek the views of Area Committees on specific matters or applications outwith their normal remit.
 
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