Argyll and Bute Council Constitution - Section One

1. Political Management Arrangements 

1. The Council’s political management arrangements will comprise the following bodies (hereafter referred to as “bodies of Members”).
   1. Policy and Resources Committee
   2. Community Services Committee
   3. Environment, Development and Infrastructure Committee
   4. Harbour Board
   5. The following Area Committees: -
      1. Mid Argyll, Kintyre and the Islands
      2. Oban, Lorn and the Isles
      3. Bute and Cowal
      4. Helensburgh and Lomond
   6. Planning, Protective Services and Licensing Committee
   7. Audit and Scrutiny Committee
   8. Appeals Committee
   9. The Policy and Resources Asset Transfer Sub-Committee
   10. Northern Roads Collaboration Joint Committee
        
2. The Council may appoint such other bodies of Members as they may from time to time consider are required to discharge any of its functions and in so doing will specify the terms of reference and delegation to any such body.

2. Short Life Working Groups

A Short Life Working Group may be appointed from time to time by the Council for the purpose of advising on any matter and in appointing such a Group the appointing body will specify the matters on, and the timescale within which the Group is to provide advice.

3. Constitution

1. For the purpose of having regard to geography the Council recognises the division of the Council’s area into the following four sub-areas:-
   1. Mid Argyll, Kintyre and the Islands: comprising Electoral Ward 1 (South Kintyre); EW2 (Kintyre and the Islands); EW3 (Mid Argyll).
   2. Oban, Lorn and the Isles: comprising EW 4 (Oban South and the Isles); EW5 (Oban North and Lorn).
   3. Bute and Cowal: comprising EW 6 (Cowal); EW7 (Dunoon); EW 8 (Isle of Bute).
   4. Helensburgh and Lomond: comprising EW 9 (Lomond North); EW10 (Helensburgh Central); EW11 (Helensburgh and Lomond South).
2. The Constitution of the various bodies referred to in paragraph 1.1 will be as follows:-

Strategic Committees

1. Policy and Resources Committee

Sixteen members, the Leader and Depute Leader to be Chair and Vice Chair of the Committee. The composition of which will have regard to geographic and political balance in so far as practicable.

2. Community Services Committee and Environment, Development and Infrastructure Committee shall have sixteen members.  

When the Community Services Committee is considering matters relating to the Education function of the Council also: -

• three persons interested in the promotion of religious education who shall be voting members
• two non-voting teachers elected by teaching staff employed in local authority schools in the Council’s area 

3. Harbour Board

The Harbour Board shall have 8 members and will have regard to relevant Area representation.

4. Mid Argyll, Kintyre and the Islands Area Committee

Nine members being the members representing the electoral wards within the area defined at paragraph 3.1(a).

5. Oban, Lorn and the Isles Area Committee

Eight members being the members representing the electoral wards within the area defined at paragraph 3.1(b)

6. Bute and Cowal Area Committee

Nine members being the members representing the electoral wards within the area defined at paragraph 3.1(c)

7. Helensburgh and Lomond Area Committee

Ten members being the members representing the electoral wards within the area defined at paragraph 3.1(d)

8. Planning, Protective Services and Licensing Committee

Fifteen members

9. Audit and Scrutiny Committee

Seven members, none of whom shall be a Policy Lead.

One Member who is not a Councillor, who will be the Chair of the Committee, and the Vice-Chair shall be a Councillor appointed by the Council from time to time.

10. Appeals Committees

• Placing Appeals – Special Educational Needs
  Two Members plus one person from a Parent Council of another school
• Education Appeals and Bursaries
  Three Members
• Social Work Complaints Review
  Three persons drawn from the list of non-councillors maintained for this purpose.
• Access to Personal Files Review
  Three Members

Notwithstanding any other provision in this Scheme the Members to be appointed on any occasion will be so appointed by the Executive Director with responsibility for Legal and Regulatory Support from a cohort of 15 members appointed by the Council, and in so appointing those Members the Executive Director will select them by lot.

11. The Policy and Resources Asset Transfer Sub-Committee

Six Members one of which will be the Vice-Chair of the Policy and Resources Committee who shall Chair the Sub-Committee.

12. Appointments Panel

Executive Director – 6 Elected Members plus Chief Executive as a voting Member (4 from the Administration and 2 from the Opposition)

Head of Service – 3 Elected Members (2 from the Administration and 1 from the Opposition) plus Executive Director and Chief Executive as voting Members

13. Appointments Panel – HSCP

Chief Officer - Interview Panel of 6 – IJB Chair, Vice Chair, Council Leader and Chair of NHS Highland (or their nominated substitutes), Chief executive of NHS Highland, Chief Executive of Argyll and Bute Council.  Nominated substitutes for the Council will be politically balanced.

Heads of Service – Panel of 5 - 4 IJB Members (2 Council and 2 NHS – to include Chair and Vice Chair plus 2 others or their nominated substitutes) plus the Chief Officer as a voting member.

4. General Provisions Regulating Membership, etc

1. The general role, duties and obligations of a Member are set out in Appendix 1 of Part A of the Constitution.

Executive Positions

2. For the purposes of this Scheme, an executive position is any one of the following: -
   1. The Provost of the Council
   2. Leader of the Council
   3. Depute Leader of the Council
   4. Depute Provost
   5. Policy Lead
   6. Chair of the Planning, Protective Services and Licensing Committee
   7. Chair of an Area Committee
       
3. Except where otherwise provided by any enactment or statutory order, or otherwise by this Scheme, the Members to be appointed to any one or more executive position will be so appointed at the first meeting of Council following each ordinary election of Councillors.
    
4. Subject to the provisions of the next following sub-paragraph, so long as s/he remains a Member of the Council, a Member appointed to an executive position will hold such office, until the next ordinary election of Councillors.
    
5. A Member appointed to an executive position may be removed from such office at any time by resolution of the Council, provided the agenda for the meeting contains notice to that effect or an item of business is included on the agenda for the meeting arising out of the consideration of which the removal of a member from an executive position might reasonably be anticipated. 
    
6. For the avoidance of doubt holding an executive position does not allow such a member to take forward decisions on behalf of the Council on an individual basis.

Memberships and Period of Office

7. Except where otherwise provided by any enactment or statutory order, or otherwise by this Scheme, the Members of a body of Members specified in this Scheme will be so appointed at the first meeting of Council following each ordinary election of Councillors.
    
8. Subject to the provisions of this Scheme, in appointing members to the bodies specified in this Scheme the Council will, where the Members of the Council are divided into different political groups, have regard to the distribution of Members amongst these groups.
    
9. Subject to the foregoing, so long as they remain Members of the Council the members of a body specified in this Scheme or any other body set up under it shall hold office, unless otherwise determined by the Council at any time, until the next ordinary election of Councillors.
    
10. When appointing a body of Members and so far as not provided for otherwise in this Scheme the Council will appoint two of the members to be respectively the Chair and Vice Chair of the body and they will hold office unless otherwise determined by the Council at any time for so long as they remain Members of the Council.

Casual Vacancies

11. Casual vacancies occurring in any Executive position, in the chairmanship or vice chairmanship or in the membership of a body will be filled as soon as may be by the Council after the vacancy takes place.
     
12. Provided a quorum remains a body of Members established in terms of this scheme may act, and its proceedings will not be invalidated by any defect in the appointment of any person to it.

5. Administration Of Delegated And Referred Functions

1. In the administration of any delegated or referred function, a body of Members appointed in terms of this scheme will give effect to any instruction of the Council and to the following: -
   1. The approved estimated expenditure in respect of the Service to which that function relates will not be exceeded unless otherwise authorised by the Council or in accordance with this Scheme or the Financial Regulations;
   2. The directions, policies, and procedures set out in any part of this Constitution or otherwise laid down by the Council will be complied with;
   3. Decisions or actions taken in the proper exercise of powers delegated in terms of this Scheme will be binding on the Council;
   4. Each body established in terms of this Scheme will submit a report to the Council (or the body which appointed it) on any matter which it either does not have, or does not wish to exercise, a delegated power to deal with the business which is the subject of the report;
   5. A body established in terms of this scheme will furnish any information which the Council may from time to time require;
   6. Every meeting of the Council, and any body established in terms of this scheme, and such other bodies as the Council may direct from time to time, will be regulated by the Council’s Standing Orders and the provisions of Section 50 of the Local Government (Scotland) Act 1973 and will, except where otherwise provided by those Standing Orders, that Section, or Council direction, be open to the public; and
   7. Minutes of Committees – items that are marked with an asterisk in the Minutes of Committees or Sub-Committees are items for the approval of the Council and all other items are submitted for the information of the Council.
       
2. Where an Area Committee refers (with or without recommendation) any matter for consideration at a meeting of the Council or a Strategic Committee the matter will, subject to the following provisions, normally be included on the agenda for the next ordinary meeting;
    
   1. Provided that the next ordinary meeting referred to is not less than 21 days after the date of the meeting of the Area Committee making such referral; unless the Provost (in regard to a referral to the Council) agrees to dispense with the said period;
   2. Where the matter relates to the annual process of developing the Council’s Corporate and Service plans, estimates of Revenue expenditure or Capital programme the matter will be referred to the appropriate meeting of the Council or Policy and Resources Committee dealing with that process; unless the Provost (in regard to the Council) or the Chair in respect of the Policy and Resources Committee agrees to the matter being considered at an earlier stage; and
   3. Where the matter relates to the development of any strategy or policy that is already the subject of ongoing consideration by the Council or a Strategic Committee the matter will be referred to the appropriate meeting dealing with such strategy or policy.