Argyll and Bute Council Constitution - Section Two

1. Terms of Reference and Delegation

The following terms of reference and delegations are to be read in conjunction with provisions contained in the Standing Orders for Meetings; the Contract Standing Orders, and the Financial and Security Regulations and are subject to those provisions.

General Delegations 

1. A body established in terms of this scheme will be free to incur expenditure on any function delegated to it up to the limit for which provision has been made in the Council’s approved Estimates of Revenue or Capital Expenditure.
    
2. Subject to the provisions of the Local Government (Scotland) Acts 1973 and 1994 and of any Regulations made there under, and to the specific delegations, exceptions and limitations provided for in this Scheme and in the Standing Orders for meetings, the Financial and Security Regulations and the Contract Standing Orders, there is delegated to the Council in relation to all the functions of the Council, all the matters, services or undertakings, including the acquisition, construction, holding, maintenance and disposal of any land or buildings or works.
    
3. A body established in terms of this scheme may exercise and perform on behalf of and in the name of the Council all powers and duties of the Council in relation to any function, matter, service or undertaking delegated by the Council to it.
    
4. A matter on which the body discharges any power or duty is one which has application only within the delegation to that body; a matter having application across or which affects the terms of reference of more than one body will be referred to the Policy and Resources Committee who may give such advice as may be appropriate or refer the matter to the Council.  For the avoidance of doubt this provision will have no effect in relation to any matter delegated to the Argyll and Bute Health and Social Care Partnership.

Exclusions from Delegations

The following are excluded from the delegation to any body established in terms of this scheme: -

1. Determining the overall Goals, Values and Policy Framework Documents as referred to in Part A, Part I paragraph 3(1) of the Constitution or matters of new policy/strategy or variation of existing policy/strategy which may be inconsistent with those Goals, Values or Policy Framework Documents.
    
2. The approval of any plan which is part of the Policy Framework and any other plan which introduces new policies of major significance or varies existing plans or policies to a material extent.
    
3. The approval of plans which are part of the Council’s Planning and Improvement Framework; and the Estimates of Revenue and Capital Expenditure.
    
4. The power to fix the Council Tax, and the levels of charges for any services.
    
5. The power of incurring any expenditure not provided for in the Annual Estimates of Revenue and Capital expenditure.
    
6. The appointment to a body established in terms of this scheme of a person who is not a Member of the Council, without the prior approval of the Council. 
    
7. Matters reserved to the Council by Statute, Standing Orders and other schemes approved by the Council from time to time.
    
8. All proposals for the promotion of or opposition to private legislation.
    
9. The making, alteration or revocation of any part of the Council’s Constitution.
    
10. The determination of planning applications which in terms of the Town and Country Planning (Hierarchy of Development) (Scotland) Regulations 2008 are (1) National and the undertaking of Pre-Determination Hearings in respect of all national applications; (2) Major Developments and the undertaking of pre-determination Hearings where in the case of the latter there would be a significant departure from the development plan, were the application to be approved.
     
11. Admission of honorary free men.
     
12. The appointment of Members to Statutory Joint Boards or to the Licensing Board.
     
13. The dismissal of the Chief Executive.
     
14. Approval of any annual investment strategy or annual investment report required by any consent issued by the Scottish Ministers by virtue of Section 40 of the Local Government in Scotland Act 2003.

Limitations on Delegations

Delegations to a body established in terms of this scheme will be subject to the following restrictions and conditions: -

1. A body will, in carrying out the functions, powers and duties referred to or delegated to it, observe and comply with this Scheme, the Standing Orders of the Council, the Financial and Security Regulations, and the Contract Standing Orders, and with any resolutions, directions, or instructions given by the Council with reference to its business generally or to the delegations to any particular body.
    
2. A body may, in any case, decide that any matter delegated to it be referred to the Council with or without a recommendation.
    
3. Where a function of the Council is delegated, any delegation of that function by one body to a subordinate body will be subject to the approval of the Council and a specific delegation so approved will supersede a previous delegation; provided that the Planning Protective Services and Licensing Committee, or an Area Committee may, without the approval of the Council, delegate to a Sub-Committee of not less than three of their number any routine matter of business or, for final adjustment and settlement, any other matter falling within the delegation to any of these bodies if such matter has been approved generally by the body; or for the purpose of holding a hearing which may be required arising out of any statute, regulation or administrative procedure of the Council.
    
4. A body established in terms of this scheme will have the powers and duties set out in the Terms of Reference in respect of that body save that any function which is referred or delegated to any body will be exercised subject to the powers and functions vested in the Council.

Area Committees

The delegations to an Area Committee will be subject also to the following:-

1. A matter on which an Area Committee discharges any power or duty is one which has application only within the Council’s sub-area for which that Committee has responsibility.
    
2. The exclusions and limitations on delegations as set out above and in addition:-
   1. A matter having common application in more than one sub-area of the Council’s area.
       
   2. The approval of or allocation of any expenditure on any matter will be so approved or allocated only within any framework or criteria approved by the Council or as otherwise directed by the Council.
       
   3. The approval of any service delivery arrangements will be so approved only within any framework or criteria approved by the Council, or as otherwise directed by the Council.
       
3. The powers and duties of an Area Committee will be exercised subject to the powers and duties of the Council and any resolution of an Area Committee will be of no effect in the event that the Council directs that the matter which was the subject of the resolution is referred to it or to the Council for consideration, and no step will be taken to give effect to any such resolution of an Area Committee while the implementation of the resolution is suspended in consequence of such a direction.

Strategic Committees

Policy and Resources Committee

1. General
   1. To determine strategic policy objectives and priorities for the Council; unless such matters are otherwise delegated under a statutory scheme.
       
   2. To determine and implement the Council’s policies in relation to communication.
       
   3. To consider matters arising from or in connection with any local government associations.
       
   4. To exercise the functions of the Council in relation to Community Councils.
       
   5. To exercise the functions of the Council as local Registration Authority for the purposes of the Registration of Births, Deaths and Marriages (Scotland) Act 1965, and all associated legislation.
       
2. Voluntary Organisations
   To develop co-operation between the Council and the voluntary sector and to assist and promote the work undertaken by the voluntary sector.
    
3. Financial Assistance
   To consider requests from external bodies and implement the Code of Guidance on External Bodies and Following the Public Pound.
    
4. Equalities & Diversity
   To determine and implement the Council’s policies in relation to the promotion of equality of opportunity, in relation to both the functions of the Council and the wider community in Argyll and Bute and to promote initiatives to combat discrimination.
    
5. Financial Resources
   1. To oversee the management of the Council’s financial resources.
       
   2. To advise the Council on the Revenue Budget, Capital Plan and Council Tax.
       
   3. To consider the draft version of the Council’s accounts.
       
   4. To approve adjustments to Management budgets in so far as not delegated to officers within the terms of the financial regulations
       
   5. To ensure effective supervision of Treasury Management activities, strategy and policies.
       
   6. To make arrangements for the collection of the Council Tax and other monies due to the Council.
       
   7. To oversee the arrangements for all insurances.
       
6. Corporate Asset Management
   1. To determine and implement the Council’s policies in relation to the strategic management of its asset streams in relation to Property, Greenspace, Roads, Fleet and Information systems and Technology.
   2. To develop and implement the Council’s Corporate Asset Management Plan.
   3. To oversee the management of the Council’s Property, Fleet and Information Systems and Technology Assets.
   4. To consider the acquisition and disposal of the Council’s assets, in so far as not delegated to area committees.
       
7. Human Resources
   To oversee the management of the Council’s human resources.
    
8. Civic Services
   To deal with all policy matters relating to civic heritage and ceremony (including town twinning).
    
9. Community Planning
   To determine and implement the Council’s policies in relation to its statutory role in relation to Community Planning.
    
10. Continuous Improvement
    1. To determine and implement the Council’s policies in relation to the achievement of Best Value.
        
    2. To consider the Best Value Review and Inspection Programme.
        
    3. To consider Best Value Reviews from Services as appropriate.
        
    4. Without prejudice to the duties and responsibilities and delegated authority of other Committees, to review the performance and effectiveness of all the Council’s work and the standards and level of service provided, to review the need to retain existing services, and to co-ordinate where necessary all the matters referred to in this sub-paragraph in respect of the Committees and Services of the Council.
        
    5. To ensure that the organisation and management processes of the Council make the most effective contribution to the achievement of the Council’s objectives, to keep them under review in the light of changing circumstances, making recommendations as necessary for change in either the Committee or management structure, or the distribution of functions and responsibilities and to determine any matter not delegated to another Strategic Committee or reserved to the Council in terms of this Constitution.
        
    6. To determine any matters under the Community Empowerment Act, not otherwise delegated to an officer, including without prejudice to the foregoing generality Asset Transfer requests and Participation requests.

Community Services and Environment, Development and Infrastructure Committee

1. Advise the Policy and Resources Committee and the Council in the development of service objectives, policies and plans concerned with service delivery within the functional areas noted below and manage performance.
    
2. Monitor and review achievement of key outcomes in the Service Plans within the functional areas noted below by ensuring best value in the use of resources to achieve these key outcomes is met within a performance culture of continuous improvement and customer focus.
    
3. Subject to the exclusions from and limitations of delegations set out in this scheme, and the terms of reference and authority of the Policy and Resources Committee, each Committee is authorised to discharge the powers and duties of the Council within the functional areas noted below in accordance with the policies of the Council, and the relevant provisions in its approved revenue and capital budgets.
    
4. Undertake community engagement in terms of Council’s community engagement strategy in respect of their service area.

Community Services Committee

All of the functional areas relating to the delivery of all aspects of Education and Lifelong Learning not otherwise reserved to the Council or the Policy and Resources Committee including, without prejudice to the foregoing generality, the following:-

1. Education and Lifelong Learning

   The relevant functional areas relating to schools education, educational psychology, early learning and childcare, youth services and lifelong learning.

   For the avoidance of doubt, it shall discharge the powers and duties as education authority, and in relation to those functions, the dismissal of a teacher whose contract of employment incorporates the Strathclyde Regional Council Conditions of Service for Teachers in Day Schools.

2. Communities and Culture

   To comment on and offer advice to the Leisure Trust in respect of the operation of Libraries, halls, arts and culture.

3. Community Planning

   To scrutinise performance and contract management arrangements in respect of Community Learning and Development and the operation of all services transferred to the Live Argyll Trust and to consider and comment on any policy proposals in respect of these services.

   The Council’s Education Service will undertake the client role and remain as the key contact for liaison with Education Scotland, Live Argyll will be responsible for ensuring that the four statutory obligations, as set out in the Community Learning and Development (Scotland) Regulations 2013, are met.
   
   In respect of the following matters now delegated to the Argyll and Bute Health and Social Care Partnership to consider any policy proposals in respect of the following areas and to offer comment thereon:-

4. Children and Families and Adult Social Work Services

   The relevant functional areas relating to children and families and adult social work services, criminal justice services, child and adult protection, corporate parenting, school hostels and community justice social work services.

5. Performance Review

   Receiving the quarterly performance reports in relation to the relevant functional areas listed above in line with the Planning and Improvement Framework.

   The scrutiny of external inspection reports relating to the functional areas listed above, except where the receipt of such reports and their outcomes are reserved for Council or Policy and Resources Committee.

   Performing the scrutiny and performance review function on behalf of the Council in relation to Police Scotland, Scottish Fire and Rescue and the Argyll and Bute Health and Social Care Partnership (Integrated Joint Board).

Environment, Development and Infrastructure Committee

All of the functional areas within the development and infrastructure department not otherwise reserved to the Council, the Policy and Resources Committee or the Planning Protective Services and Licensing Committee including, without prejudice to the foregoing generality, the following:-

1. Economic Development
   
   The relevant functional areas relating to strategic regeneration, housing and homelessness, development and transport planning, economy and business, energy, agriculture, fisheries, renewables and tourism.
    
2. Environment and Transport
   
   The relevant function areas relating to the natural environment, roads transport, harbour and ferry services and environmental services.

Harbour Board

The Harbour Board is authorised to discharge the powers and duties of the Council as a Single Harbour Authority in respect of general and specific statutory duties subject to the provisions of this Scheme.

The Board is responsible for providing policy direction to officers/others involved in operational management and use of the facilities and for scrutinising implementation of these.

Area Committees

1. Subject to the exclusions and limitations set out above, an Area Committee is authorised to discharge the powers and duties of the Council set out in this paragraph in respect of matters which have application only within the sub-area for which that Committee has responsibility.
   1. To develop and maintain Area Scorecards within the Council’s Planning and Improvement Framework (PIF) and Corporate Plan framework outcomes
       
   2. To monitor and review the local delivery of key services by ensuring -
      1. appropriate performance measures are in place, and to monitor the relevant PIF Area scorecard; and
      2. best value in the use of resources to achieve these key outcomes is met within a performance culture of continuous improvement and customer focus.
          
   3. To approve expenditure as follows:-
      1. revenue or capital expenditure within any allocation and criteria delegated to an Area Committee by the Council; and
      2. in response to applications for financial assistance within any framework and criteria approved by the Council.
   4. Subject to the terms of reference or delegation to any other body of Members or an officer in terms of this scheme, to determine issues of a local and non strategic nature relating to all of the Council’s services and functions within any framework and criteria approved by the Council from time to time.
       
   5. To support, and encourage effective collaboration and co-ordination between and within community based organisations operating in the local area.
       
   6. To lead the Council’s participation in the Area Community Planning Group.
       
   7. To give effect to the Community Engagement Strategy at a local level.
       
   8. The regulatory functions of the Council under the Road Traffic Regulation Act 1984 and Roads (Scotland) Act 1984.
       
   9. including to introduce, make, review, amend or revoke any order, or give any direction or notice for application only within the sub-area for which the Committee has responsibility.
       
   10. To play a lead local role in the formation of the Local Development Plan (LDP), within any framework and criteria approved by the Council from time to time.
        
   11. To undertake pre application consultations in respect of relevant designated applications for planning permission, within any framework and criteria approved by the Council from time to time.
        
2. To authorise the acquisition, sale or lease of land or buildings within the area not otherwise delegated provided in the case of an acquisition there is budget for the costs of doing so, and provided that the transaction is deemed to be in accordance with any relevant Council policy.
    
3. To allocate, in accordance with criteria agreed by the Council, the additional income generated through Council tax on empty properties, provided that in doing so it will not create an ongoing revenue cost for the Council, without the approval of the Policy and Resources Committee.
    
4. To develop, implement and oversee any existing or future capital projects within their area, provided that a business case for the implementation of each project has been submitted to and approved by the Policy and Resources Committee before any tender award is made, and the project is within the scope of the agreed business case.
    
5. To determine applications for bridging finance from voluntary groups in accordance with criteria to be agreed by the Council from time to time and subject to the approval of the Policy and Resources Committee if the decision is contrary to the recommendation of the Chief Financial Officer.

Planning, Protective Services and Licensing Committee

1. Subject to the provisions of this Scheme and what is set out below, the Committee is authorised to discharge the powers and duties of the Council in relation to any of the undernoted regulatory and similar functions of the Council.
    
2. The Committee is authorised in respect of the functions referred to in paragraphs 3 and 8 below:-
   1. to introduce, make, review, amend or revoke any order, rules or bye-law or give any direction or notice.
   2. to determine any application for any permission or licence (including the holding of any hearing which may be required arising from any statute, statutory regulation or administrative procedure of the Council) and the enforcement of the relevant legislation in respect of the Council’s functions in relation thereto.
   3. to take any other steps in relation to any of the functions which the Committee may consider necessary or desirable.
3. Functions referred to 2 above are –
   1. To enable the PPSL to determine applications which have been subject to a pre-determination hearing for
      1. a major development which would be a significant departure from the development plan or
      2. a National development to align with alteration in legislation removing requirement for these to be determined by Full Council.
          
   2. To determine any Masterplan that is submitted to become Supplementary Guidance.
       
   3. To determine applications for planning permission defined in the Town and Country Planning (Hierarchy of Development) (Scotland) Regulations 2019 as “local developments”, which are not otherwise delegated to the Executive Director with responsibility for Development and Economic Growth ie (1) where there has been a significant body of objections ie more than 10 individual objections on planning, policy or land use grounds, (2) or where the application is one which is required by legislation or regulation  to be determined by the Committee.
       
   4. To determine applications not falling under the ambit of Section 43a of the Planning Etc (Scotland) Act 2006 eg [Listed Building Consent, Conservation Area Consent, Hazardous Substance and Advertisement Consents] where there have been a significant body of objections ie more than 10 individual objections on planning policy or land use grounds.
   5. To determine the imposition of a Fixed Penalty Notice under the Planning Etc (Scotland) Act 2006 Section 25 and temporary stop notices under Section 26.
       
   6. To determine whether to take enforcement action on any matters on which the Executive Director with responsibility for Development and Economic Growth has decided not to exercise his/her delegated authority.
       
   7. To determine all consultative applications and assessments of a technical nature including to raise objections where the Executive Director with responsibility for Development and Economic Growth has decided not to exercise his/her delegated authority to determine them.
       
   8. To undertake, either as a committee or sub committee, the preparation for and determination of any application which is subject to a local review entitlement ie a local application where the decision has been made by an officer.
       
4. Functions referred to in paragraph 2 above are functions under various public protection legislation including:-
   1. the Civic Government (Scotland) Act 1982, the Gaming Acts, the Cinematography Acts and other related or amended legislation;
   2. the control, investigation and mitigation of epidemic, endemic and infectious diseases and related nuisances;
   3. food safety;
   4. health and safety and other legislation affecting public safety;
   5. water quality, environmental protection and pollution control;
   6. caravan sites and houses in multiple occupation;
   7. animal health, welfare and control, including pest and dog control;
   8. consumer protection, fair trading and trading standards; and
   9. poisons, explosives, and petroleum.
5. The regulatory functions of the Council under the Road Traffic Regulation Act 1984 and Roads (Scotland) Act 1984 not otherwise delegated.
    
6. The functions of the Council under the Criminal Justice and Public Order Act 1994.
    
7. Applications for a High Hedge Notice where the Head of Development and Economic Growth is recommending that a Notice be issued under Section 6(5)3 of the High Hedges Act 2013.
    
8. Any other power or duty of the Council under any enactment in relation to the regulation of any activity, or the protection of the public or sections of the public.

Short Life Working Groups

SLWGs will be appointed in terms of the Scheme of Administration and 

Delegations which is referred to in Standing Order 26.

Standing Orders 2.1, 2.3, 2.4, 3.1 – 3.5, 7.1 – 7.4 and 17.1 will apply to meetings of any Short Life Working Group.

1. Meetings of SLWGs
   1. (a) Without prejudice to the general right of the Council, to appoint a SLWG at any time, a minimum of any six Members may propose that a SLWG should be established; the following procedure will apply to the establishment of a Group on its proposal by Members.
       
   2. (b) The Members concerned will set out in a notice to be given to the Executive Director with responsibility for Legal and Regulatory Support the matters on which it is proposed the Group should be asked to provide advice, together with such other relevant material as the members concerned consider the Council might usefully require in order to reach a decision whether or not to establish such a Group.
       
   3. (c) The Executive Director with responsibility for Legal and Regulatory Support will include the proposal, together with the written material provided by the Members, on the agenda for the next following ordinary meeting of the Council.
       
   4. (d) In considering a proposal (whether or not submitted in terms of sub-paragraph (b) above) to establish a SLWG, the Council may (a) determine that, instead of appointing a Group, the matter contained in the proposal may be added to the Terms of Reference of an existing Group or (b) in the circumstances where (a) does not apply the Council shall resolve either to require a report from the appropriate officer on the implications of establishing such a group in respect of the resources required to take forward the work of the group, the current status (if any) of Council policy on the matter and any other matters relevant to their deliberations to a future meeting of the Council or (c) decline to establish such a group without further deliberation.
       
   5. When a SLWG is established, the Council will appoint the Members of the Group, appoint two of those Members who are Councillors to be the Chair and Vice-Chair of the Group respectively, specify the matters on which the Group is to provide advice, specify the timescale within which the Group is to submit its report or recommendations and any other ancillary matters regarding the operation of the Group as may be desirable.
       
   6. Whilst normally a SLWG will report and provide advice to the Council, the Council when establishing a Group may direct that the SLWG reports, instead or in addition, to another constituent part of the Council.
       
   7. At the end of the period mentioned in sub-paragraph (e) of this Standing Order the Group will cease to exist unless before the end of that period the appointing body has substituted a revised period.
       
   8. It will be open to the Council at any time in the event that it considers the resources available to support the work of SLWGs are insufficient, to agree that no further Groups should be established or that the number in total should be limited. If such a decision is made no proposal to establish a SLWG Group which would be contrary to the Council resolution shall be considered unless and until the Council has altered or rescinded that resolution.
       
   9. The arrangements for meetings of  SLWGs will be a matter for the Group concerned, but the chair of a Group may for good cause cancel or alter the place, or virtual/hybrid arrangements, date or time for a meeting of a Group and may call a meeting of a Group on dates in addition to those already decided by the Group, but not after the summons for the meeting has been issued.
       
   10. In addition to any report or paper submitted by an Officer of the Council, any Member of a SLWG may, in relation to any research which she/he may have undertaken, submit a report or paper for consideration by the Group, provided that report or paper is made available in time for inclusion with the agenda of business for the meeting, and any other Member of the Council may similarly submit such report or paper and may speak to the SLWG in relation to that report or paper.
        
2. The arrangements for meetings of SLWGs will be a matter for the Group concerned, but the chair of a Group may for good cause cancel or alter the place, or virtual/hybrid arrangements, date or time for a meeting of a Group and may call a meeting of a Group on dates in addition to those already decided by the Group, but not after the summons for the meeting has been issued.
    
3. In addition to any report or paper submitted by an Officer of the Council, any Member of a SLWG may, in relation to any research which she/he may have undertaken, submit a report or paper for consideration by the Group, provided that report or paper is made available in time for inclusion with the agenda of business for the meeting, and any other Member of the Council may similarly submit such report or paper and may speak to the SLWG in relation to that report or paper.
    
4. In addition to the consideration of any report or paper submitted by a Member or Officer, a SLWG may seek and/or consider a report, paper or presentation from other persons, whether inside or outside the Council, but such persons shall not participate as Members of the Group.
    
5. While the minimum quorum for an effective meeting of a SLWG to take place will be three Members of the Group, the report or reports of the Group which contain the advice and recommendations of the Group will require to be considered at a meeting of the Group at which at least half of the Members of the Group are present.
    
6. The content of the advice or recommendations which any Group provides will be reached if possible by consensus amongst the Members of the Group, and in the event of any difference of view which will be determined in accordance with these Standing Orders as they would apply to a meeting of a Committee of the Council, the report or reports of the Group will in addition to the advice and recommendations of the Group include a note setting out the views of those Members who may not concur with that advice or those recommendations. Other decisions by the Group relating to their procedure and operation will be reached in accordance with these Standing Orders as they would apply to a meeting of a Committee of the Council.

Audit and Scrutiny Committee

The Committee’s Terms of Reference are generally to promote good, internal control, financial and risk management, governance and performance management, in order to provide reasonable assurance of effective and efficient operation, and compliance with laws and regulations, including the Council’s Financial and Security Regulations, Contract Standing Orders and accounting codes of practice.

The Audit and Scrutiny Committee in carrying out its scrutiny functions will take a discursive, collegiate and non-political approach to carry out methodological consideration of a wide range of evidence and perspectives, with the aim of providing viable and well-evidenced solutions to support the delivery of services.

The specific Terms of Reference are as follows –

1. Key Activities
   1. To agree the internal audit strategic plan, oversee and review action taken on internal audit recommendations;
       
   2. To consider the annual report, opinion, and summary of Internal Audit activity including the level of assurance it can give over the Council’s corporate governance arrangements internal control and risk management system; and to consider other specific Internal Audit reports;
       
   3. To consider the External Auditor’s Annual Audit Plan, Annual Letter, relevant reports, and the report to those charged with governance and other specific External Audit reports;
       
   4. To comment on the scope and depth of External Audit work and to ensure it gives value for money; 
       
   5. To commission work from Internal, External Audit and third parties where appropriate; To consider the performance of Internal and External Audit;
       
   6. To facilitate training to support the role of Audit and Scrutiny Committee Members;
       
   7. To develop a culture of compliance within the Council to ensure the highest standards of probity and public accountability;
       
   8. To support best practice in the financial administration of the Council;
       
   9. To review the Council’s financial performance as contained in the Annual Report, and to report annually to the Council on the internal control environment;
       
   10. There should be a least one meeting a year, or part thereof, where the Audit and Scrutiny Committee meets the Internal and External Auditors separately from management;
        
   11. The Committee will prepare an annual work plan setting out meeting dates for the financial year and anticipated internal audit, external audit, management reports and scrutiny topics expected to be covered at each meeting; 
        
   12. The Committee shall prepare an annual report to the Council covering its activities and key findings each year. This report will be considered at the Council meeting that agrees the External Auditor's annual audit letter; and 
        
   13. To oversee the arrangements for Risk Management.
2. Regulatory Framework
   1. To maintain an overview of the Council’s Constitution in respect of contract procedure rules, and financial regulations;
       
   2. To monitor and seek assurance with regard to risk control measures through the review of the effectiveness of risk management systems and corporate governance in the Council;
       
   3. To monitor the Anti-fraud and corruption strategy and the Council’s arrangements for dealing with any allegations of fraud or similar improper behaviour;
       
   4. To consider the Council’s compliance with its own and other published standards and controls; and
       
   5. To monitor the Council's compliance with the Public Interest Disclosure Act and the Bribery Act in the discharge of its functions.
3. Financial Accounts and Governance
   1. To examine the activities and accounts of the Council and exercise a governance role over management efforts to ensure that:
      1. The expenditure approved by the Council has been incurred for the purposes intended Services are being provided efficiently and effectively;
      2. Value for money is being obtained, all in accordance with Best Value requirements; and
      3. The Council has appropriate information and advice available to them to make decisions.
          
   2. To review the annual statement of accounts. Specifically to consider whether appropriate accounting policies have been followed and whether there are concerns arising from the financial statements or from the audit that need to be brought to the attention of the Council;
       
   3. To oversee the production of the Council’s Governance and Internal Control Statement; and
       
   4. To consider the External Auditor’s report to those charged with governance on issues arising from the audit of the accounts.
4. Other Monitoring
   1. To assess the effectiveness of the Council’s Performance Management System;
       
   2. To consider performance and inspection reports from internal audit, external audit and other relevant scrutiny bodies;
       
   3. To commission specific reviews to be carried out where necessary;
       
   4. To review Best Value arrangements and outcomes, with consideration of both external and internal Best Value reports, strategy/plans and outcomes from Best Value reviews; and
       
   5. To review the impact of national performance reports from external bodies such as Audit Scotland and consider their impact on future audit plans in terms of audit work to be undertaken by both external and internal audit.
       
   6. The Chief Executive will attend one meeting per annum to report on how the Council is addressing its key strategic risks and other matters of interest.
5. Scrutiny
   1. To oversee and co-ordinate the scrutiny function including approval of the scrutiny framework and associated policies or procedures;
       
   2. To scrutinise the performance of the Council in relation to the achievement of policy objectives and performance targets in relation to all functions of the Council;
       
   3. To develop and approve the scrutiny workplan in relation to the performance of the Council and funded third party organisations;
       
   4. To consider and make recommendations in respect of scrutiny reports brought to the Committee for consideration;
       
   5. To monitor the implementation of scrutiny recommendations accepted by the Council;
       
   6. To provide an annual report to the Council on the work of the scrutiny function;
       
   7. To periodically review the scrutiny function to ensure it is operating effectively; and
       
   8. To receive the Council performance report.

Appeals Committees

1. Placing Appeals/Special Educational Needs

   The hearing and determination of appeals against the refusals of placing requests in terms of Section 28A-H of the Education (Scotland) Act 1980, and appeals in terms of Sections 63 to 65 of the 1980 Act and Paragraph 5 of Education{Additional Support for Learning}{Scotland} Act 2004 in relation to special educational needs.

2. Education Appeals and Bursaries

   The hearing and determination of appeals relating to further education and higher school bursaries, under Section 49 of the 1980 Act, and the access to or amendment of pupil or student records.

3. Social Work Complaints Review

   The hearing and determination of complaints in terms of the complaints procedure in terms of Section 5B the Social Work {Scotland} Act 1968 as amended by National Health Service and Community Care Act 1990.

4. Access to Personal Files Review

   Appeals under the Access to Personal Files Act 1987 and Access to Personal Files (Social Work) (Scotland) Regulations 1989

Policy and Resources Asset Transfer Sub Committee

1. To determine matters relevant to any Asset Transfer where the Officers recommendation is to refuse the request.

The Northern Roads Collaboration Joint Committee

1. The Northern Roads Collaboration Joint Committee is a Joint Committee established by Aberdeen City Council, Aberdeenshire Council, Angus Council, Argyll and Bute Council, Comhairle nan Eilean Siar, The Highland Council and Moray Council (the “Constituent Authorities”) under sections 56 and 57 of the Local Government (Scotland) Act 1973.
    
2. The Joint Committee undertakes to appoint two named representatives from each Constituent Authority to its membership. The creation of the Joint Committee represents the joint commitment of the Constituent Authorities to work collaboratively for the joint discharge of road and road-related functions, including ports and harbours (the “Roads Collaboration”).
    
3. In particular it shall have the following powers:-
   1. To identify suitable projects and initiatives for Roads Collaboration and to make recommendations to Constituent Authorities;
       
   2. To make recommendations to Constituent Authorities in respect of resource contribution, funding arrangements and budget setting for projects and initiatives for Roads Collaboration;
       
   3. To manage resources and approve operational expenditure within agreed Joint Committee budgets for Roads Collaboration;
       
   4. To monitor the effectiveness of the Roads Collaboration and to identify potential improvements and efficiencies;
       
   5. To approve and annual performance report and financial statement for the reporting year on Roads Collaboration;
       
   6. To approve and amend Standing Orders for the Joint Committee and any of its sub-committees;
       
   7. To appoint the Chair and Vice Chair of the Joint Committee and any of its sub-committees; and
       
   8. To make arrangements for the provision of business support services for the Joint Committee and any of its sub-committees.