STIRLING COUNCIL MINUTES of the ADJOURNED STATUTORY MEETING of STIRLING COUNCIL held in the COUNCIL CHAMBERS, VIEWFORTH, STIRLING on THURSDAY 27 MAY 1999 at 7.30 pm Present:- Provost Tommy Brookes (in the Chair) Councillor Alasdair BEATON Councillor Susan LOVE Councillor Margaret BRISLEY Councillor Corrie McCHORD Councillor Dan CAMPBELL Councillor Colin O'BRIEN Councillor Tom COLL Councillor Catherine ORGAN Councillor Ann DICKSON Councillor John PATERSON Councillor Pat GREENHILL Councillor Gerard POWER Councillor Keith HARDING Councillor Alastair REID Councillor Tom HAZEL Councillor Helen SCOTT Councillor John HENDRY Councillor Ann STRANG Councillor John HOLLIDAY Councillor Gillie THOMSON Councillor Pat KELLY In Attendance:- Ms Irene Cavanagh, Service Manager, Community Care Assessment and Care Management, Housing and Social Services Mr Brian Devlin, Head of Cleansing & Catering, Technical and Commercial Services Mr Bill Dickson, Director of Finance and Information Services Ms Pat Harding, Head of Public Office Services, Civic Services Mr Bob Jack, Director of Civic Services Ms Hazel McMorrow, Head of Operations, Housing and Social Services Ms Fiona Matheson, Democratic Services Manager Mr Don Monteith, Press and PR Manager, Chief Executive's Services Ms Helen Munro, Director of Community Services Mr Bill Pritchard, Head of Policy, Chief Executive Services Mr Ian Robertson, Head of Planning and Resources, Education Services Mr Mick Stewart, Head of Services, Planning and Environmental Strategy, Environmental Services Mr Keith Yates, Chief Executive
Transcript
STIRLING COUNCIL
MINUTES of the ADJOURNED STATUTORY MEETING of STIRLINGCOUNCIL held in the COUNCIL CHAMBERS, VIEWFORTH, STIRLING onTHURSDAY 27 MAY 1999 at 7.30 pm
Present:-
Provost Tommy Brookes (in the Chair)
Councillor Alasdair BEATON Councillor Susan LOVECouncillor Margaret BRISLEY Councillor Corrie McCHORDCouncillor Dan CAMPBELL Councillor Colin O'BRIENCouncillor Tom COLL Councillor Catherine ORGANCouncillor Ann DICKSON Councillor John PATERSONCouncillor Pat GREENHILL Councillor Gerard POWERCouncillor Keith HARDING Councillor Alastair REIDCouncillor Tom HAZEL Councillor Helen SCOTTCouncillor John HENDRY Councillor Ann STRANGCouncillor John HOLLIDAY Councillor Gillie THOMSONCouncillor Pat KELLY
In Attendance:-
Ms Irene Cavanagh, Service Manager, Community Care Assessment and CareManagement, Housing and Social ServicesMr Brian Devlin, Head of Cleansing & Catering, Technical and Commercial ServicesMr Bill Dickson, Director of Finance and Information ServicesMs Pat Harding, Head of Public Office Services, Civic ServicesMr Bob Jack, Director of Civic ServicesMs Hazel McMorrow, Head of Operations, Housing and Social ServicesMs Fiona Matheson, Democratic Services ManagerMr Don Monteith, Press and PR Manager, Chief Executive's ServicesMs Helen Munro, Director of Community ServicesMr Bill Pritchard, Head of Policy, Chief Executive ServicesMr Ian Robertson, Head of Planning and Resources, Education ServicesMr Mick Stewart, Head of Services, Planning and Environmental Strategy,Environmental ServicesMr Keith Yates, Chief Executive
Councillor Helen Scott gave notice under Standing Order 54 of her intention to movean amendment to Standing Order 9 at the next meeting of Council to provide forpublic notice of the time and place of Council meetings to be given at least five clearworking days before a meeting and further that notices, agendas a papers be sent toall Members at least five clear days before meetings.
Decision
The Council accepted notice under Standing Order 54 of an amendment to StandingOrder number 9 as follows:
Standing Order Number 9
Public Notice of the time and place of the meeting will be given by posting it at theoffice of the Council, Old Viewforth, at least five clear working days before themeeting or, if the meeting is convened at shorter notice, then at the time it isconvened. Notices, agendas and papers will be sent to all Members at least fiveclear working days before meetings or, if convened at shorter notice, then as soonas meetings are convened, notices, agendas and papers will be left at or sent bypost to the usual place of residence, or such address as any Member may notify.
SC7 SCHEME OF DELEGATION TO COMMITTEES/CONTRACT STANDINGORDERS/FINANCIAL REGULATIONS
The Council had the power to delegate its functions to Committees, Sub-Committeesand Officers, and to make Standing Orders regulating contracts and financialregulations for the proper administration of financial matters.
A report by the Director of Civic Services proposed that the Council re-adopt theScheme of Delegation, Contract Standing Orders and Financial Regulations in forceimmediately before the recent Council Elections. Any changes which the Councildecided to make at this stage or which resulted from decisions to be taken later inthe meeting would be drafted at a later date and brought back to Council forapproval. Councillor Scott intimated that it was her intention to propose anamendment to G52 at the next meeting of Council.
Decision
The Council agreed to adopt the Scheme of Delegation, Contract Standing Ordersand Financial Regulations contained in Appendix 4.
(Reference - Report by Director of Civic Services dated 20 May 1999 submitted)
A report by the Director of Civic Services detailed three options for the establishmentof Committee/s and Panels to which those powers contained in the Scheme ofDelegation approved by Council at SC7 above would be delegated. The report alsosummarised the current position regarding provision for political balance in themembership of Committees and Panels.
Section 31 of the Local Government etc (Scotland) Act 1994 obliged the Council toappoint three Church representatives to any Committees dealing with the Council'sfunctions as Education Authority. The Director of Civic Services confirmed that theRoman Catholic Church, the Church of Scotland and the Episcopalian Church hadnominated Mr Hilary Moraes, the Reverend Moira McCormack and Miss HeatherBovill respectively as their nominees for appointment to the appropriate Committees.
Decision
The Council agreed:
(1) that Option A, as detailed in the report by the Director of Civic Services beadopted, and the following arrangements be put in place:
(a) the Children's, Care, Environmental Quality and Community andEconomical Development Committees be established as provided forin Standing Orders and with the remits and powers specified in theScheme of Delegation, subject to their composition being five Labour,four Conservative and one SNP, together with the Leader of theCouncil ex-officio;
(b) the Resources Committee be established as provided for in StandingOrders and with the remit and powers specified in the Scheme ofDelegation, subject to its composition being six Labour, fourConservative and two SNP, together with the Leader of the Councilex-officio;
(c) the provisions of Standing Order 19 (substitution) would not apply tothe Leader of the Council as ex-officio member on any Committee;
(d) the following Panels be established as provided for in StandingOrders, with the remits and powers specified in the Scheme ofDelegation, subject to their composition being as follows:-
Appeals 3 Labour 2 Conservative 1 SNPCouncil Tax/H’sng Benefit 2 Labour 1 Conservative 1 SNPParental Appeals All Members of Children's Ctte on RotaHousing 3 Labour 2 Conservative 1 SNPPlanning 4 Labour 3 Conservative 1 SNPRegulatory Functions 2 Labour 1 Conservative 1 SNP
To appoint Chairs, Vice-Chairs and Members of the Committees andPanels as detailed in Appendix 5.
(e) that the following nominees of the Roman Catholic Church, theChurch of Scotland and the Episcopalian Church be appointed to theChildren's Committee and the Community and EconomicDevelopment as the Council's three statutory representativesrequired in terms of Section 31 of the Local Government etc(Scotland) Act 1994:
Roman Catholic Church - Mr Hilary Moraes, St Ninians, StirlingChurch of Scotland - Rev Moira McCormack, Buchlyvie, StirlingEpiscopalian Church of Scotland - Miss Heather Bovill
(f) that it be remitted to the Director of Civic Services to amend StandingOrders to reflect paragraphs a, b, c and d above and to publishrevised Standing Orders as soon as practicable.
(2) to appoint the following Spokespersons:
Local Democracy - Corrie McChordSocial Inclusion - Margaret BrisleySustainability - Ann StrangCommunity Safety - Tommy BrookesYouth - Susan Love
(3) to note the following main Opposition Group Spokesperson as follows
Resources Committee - Gerry PowerCare Committee - Helen ScottChildren - Ann DicksonCommunity & Economic Development - Pat GreenhillEnvironmental Quality - Catherine Organ
(Reference - report by Director of Civic Services dated 20 May 1999 submitted)
SC9 APPOINTMENTS AND NOMINATIONS
(a) Police, Fire and Valuation Joint Boards
To coincide with the reorganisation of Local Government on 1 April 1996, theSecretary of State for Scotland made three separate orders which set outschemes for the amalgamation of the new Falkirk, Stirling andClackmannanshire Council areas in relation to the provision of Police, Fireand Valuation Services.
Amongst other things, these respective schemes provided for theConstitution of Police, Fire and Valuation Joint Boards, and the delegation tothese Joint Boards of all the functions relative to the provision of theserespective services. A report by the Director of Civic Services set out thetotal number of members for each of the Joint Boards, the number ofmembers to be appointed by each constituent authority and, requested theCouncil to appoint the prescribed number of members, reflecting the politicalbalance of the Council.
Decision
The Council agreed to appoint the following members to the Central Scotland Police,Joint Board, Central Fire Services Area Joint Board and the Central Scotland JointValuation Board:
Central Scotland Police Joint Board
Tommy Brookes, Tom Hazel, Ann Dickson
Central Fire Services Area Joint Board
Corrie McChord, Tom Coll, Alastair Reid
Central Scotland Valuation Joint Board
Tom Coll, Tom Hazel, Gerard Power, Pat Greenhill
(Reference - Report by Director of Civic Services dated 20 May 1999 submitted)
(b) Licensing Board
Under Section 1 of the Licensing (Scotland) Act, Licensing Boards wereappointed by the Local Authority to deal with the administration of liquorlicensing. Under the provisions of the legislation, a Board could not consistof less than one quarter of the members of the Council and in no case couldconsist of less than five members. Licensing Boards were a quasi-judicialbody acting independently of the Council.
A report by the Director of Civic Services detailed the statutory criteria fordisqualification from membership of Licensing Boards and confirmed that theStirling Council Licensing Board would meet quarterly, with the first meetingscheduled to take place on Wednesday, 9 June 1999.
The Council agreed to appoint the following members to the District of StirlingLicensing Board:
Tommy Brookes Susan LoveJohn Paterson Ann DicksonJohn Hendry Pat GreenhillGillie Thomson Alastair Reid
(c) Loch Lomond and Trossachs Interim Committee/Loch Lomond ParkAuthority
The Government intended to establish Scotland's first National Park in LochLomond and the Trossachs on 1 April 2001. The relevant legislation wouldbe considered by the Scottish Parliament following public consultation andany further recommendations from Scottish Natural Heritage. The LochLomond Park Authority Joint Committee had been formed by the Argyll andBute, West Dumbartonshire and Stirling Councils to assume managementresponsibilities for the Loch Lomond Park. The Committee had twelveelected members, four from each of the three Councils and six non-electedmembers representing local and national interests nominated by ScottishNatural Heritage. Following the recent local elections, the Council wasrequired to appoint four elected members to the Authority. The six existingnon-elected members of the Authority had previously had their appointmentscontinued beyond April 1999, until such time as the existing Committee wassuperseded by a new interim Joint Committee for Loch Lomond and theTrossachs or April 2000, whichever was the sooner.
The Government had asked the three Councils to commence joint working onthe wider area of Loch Lomond and the Trossachs and had also agreed toprovide national funding for this purpose. To progress this, the threeCouncils for Stirling, Argyll and Bute and West Dumbartonshire hadpreviously agreed to create a formal Joint Interim Committee which waswithin their powers under the relevant Local Government Acts. This InterimCommittee would continue until replaced by the National Park Authority whichwas likely to be a new and legally separate body.
It had previously been agreed that this interim Committee would have thefollowing membership:
Stirling Council 8Argyll and Bute Council 5West Dumbartonshire Council 3Association of Community Councils 3Loch Lomond Park Authority 1SNH Nominations (include two local enterprise companies) 4
A separate briefing paper prepared by the Director of Environmental Serviceshad been circulated with the notice for the adjourned meeting detailing theAssociation of Community Council’s three Community Council nominees andthree of the requisite four nominees from Scottish Natural Heritage forappointment to the Interim Committee.
Decision
The Council agreed:
(1) to appoint the following members to the Loch Lomond and Trossachs InterimCommittee:
(2) to appoint the following Community Council representatives on the LochLomand and Trossachs Interim Committee:
Frank Bracewell, representing the Stirling Council Area.Murdoch Cameron, representing the West Dunbartonshire Council AreaJoan MacLean Davidson, representing the Argyll and Bute Council Area
(3) to appoint the following representatives of SNH on the Loch Lomond andTrossachs Interim Committee:
Mick CantlayIan WraggLady Isabel Glasgow
(4) to note that SNH had yet to make a fourth nomination for appointment to theInterim Committee.
(5) to appoint the following members to the Loch Lomond Park Authority:
Gillie ThomsonColin O'BrienTommy BrookesCatherine Organ
(Reference - report by Director of Environmental services dated 11 May 1999,update briefing paper prepared by Director of Environmental Services dated 4 May1999 submitted)
In terms of the Prisons and Young Offender Institutions (Scotland)Amendment Rules 1994, as amended, the Council was required to appointseven members to Cornton Vale Prison Visiting Committee and fourmembers to Glenochil Over 21s Prison Visiting Committee. The rulesrequired the Council to appoint not less than one third of their members fromoutwith their own elected representatives. On this basis, the Council wasrequired to appoint a minimum of three members of the public to CorntonVale Prison Visiting Committee and two members of the public to GlenochilPrison Visiting Committee. The Council could also agree that all vacancieson Prison Visiting Committees be allocated to those who were not electedmembers of the Council.
In March 1998, the Council had approved a recruitment process in respect ofthe appointment of new members to Prison Visiting Committees.Subsequently, on 4 March 1999, the Council had agreed a "pool" of suitablecandidates from which the appointment of members of the public to PrisonVisiting Committees could be made following the recent Local GovernmentElections. It was open to the Council to determine the term of office ofmembers of the public to Prison Visiting Committees in line with regulatoryprovisions.
A report by the Director of Civic Services detailed the approved "pool" ofcandidates.
Decision
The Council agreed:
(1) to approve a three year term of office for members of the public appointed toPrison Visiting Committees, to run concurrently with the term of the Council,
(2) to appoint the following members to Glenochil Prison Visiting Committee:
Councillor Tom HazelMs Isobel Foster, 3 Newton Crescent, DunblaneMr Jim Buchanan, 67 Westerlea Drive, Bridge of Allan
and to continue consideration of the appointment of the fourth member to thenext meeting of Council,
(3) to appoint the following members to Cornton Vale Prison Visiting Committee:
Ms Isobel Foster, DunblaneMs Elizabeth Thomson, StirlingMs Teresa Moraes, StirlingMs Alison Lambie, Thornhill, StirlingMs Gillian Farrington, DunblaneMs Ellen Dickie, StirlingMs Noreen McFarlane, Balfron
(Reference - Report by Director of Civic Services dated 20 May 1999 submitted)
Section 11 of the District Courts (Scotland) Act 1975 enabled the Council tosubmit nominations to the Secretary of State for Scotland for the appointmentof up to one quarter of its membership to serve as ex-officio Justices of thePeace.
Decision
The Council agreed to submit the following nominations to the Secretary of State forScotland to serve as ex-officio Justices of the Peace for the Stirling Council area:
Councillor Alasdair BeatonCouncillor Margaret BrisleyCouncillor John HendryCouncillor Helen ScottCouncillor Colin O’Brien
(f) Appointments to External Organisations
In the past, Stirling Council had appointed elected members to serve onvarious external organisations. Although many organisations requestedmember appointments, a report by the Director of Civic Services proposedthat the Council should consider whether it needed to be represented on suchorganisations and, if so, whether these representatives should be electedmembers. On this basis, an Appendix attached to the report detailed onlythose organisations which required immediate consideration. It wasconfirmed that other organisations requesting representation from theCouncil would be brought forward for consideration as and when required.
A list detailing further appointments which required to be made together witha letter from COSLA inviting nominations for the election of President andVice-President of the Convention had been circulated to members with thenotice of the adjourned meeting.
The Council was requested to nominate elected members to serve on thevarious external organisations. In relation to some of the appointments, thenumber of candidates exceeded the number of vacancies. Consequently, adecision on the persons to be appointed was determined by voting asfollows:-
COSLA - 3 Representatives
Councillor Susan LoveCouncillor Corrie McChordCouncillor John HendryCouncillor Helen Scott
Councillors McChord, Hendry and Love were duly approved as the Council'sthree representatives on COSLA.
COSLA - Rural Affairs Forum - 1 Representative
Councillor Dan CampbellCouncillor Helen Scott
13 votes 9 votes
Councillor Campbell was duly approved as the Council's representative onthe COSLA Rural Affairs Forum.
Smith Art Gallery and Museum Joint Committee - 3 Representatives
Councillor Corrie McChordCouncillor John PatersonMr Ian WylesCouncillor Gerry Powers
12 votes13 votes13 votes 9 votes
Councillors McChord and Paterson and Mr Wyles were duly approved as theCouncil's three representatives on the Smith Art Gallery and Museum JointCommittee.
authorised to appoint substitutes where permitted by the Constitutionof the relevant external organisation,
(3) to nominate Norman Murray, Leader, East Lothian Council to theoffice of President of COSLA.
(Reference - Report by Director of Civic Services dated 20 May 1999 supplementaryschedule dated 21 May 1999 and letter dated 29 April 1999 from COSLA submitted)
SC10 SCHEME FOR PAYMENT OF MEMBERS' ALLOWANCES
Legislation and associated regulations provided for the payment by Council ofvarious allowances to members and, in accordance with these provisions, Councilswere obliged to adopt a scheme for payment of members' allowances and todetermine the allowances payable and the arrangements for payment of suchallowances.
A report by the Director of Civic Services summarised the current provisionsregarding the various allowances payable, the arrangements which were in placeimmediately prior to the Council elections, advice from the Convention of ScottishLocal Authorities in relation to these allowances and proposed scheme for thepayment of members' allowances for adoption by Council.
In adopting the proposed scheme, the Council was requested to determine the rateof the basic allowance payable to every member (recommended at £5,445 perannum); determine that no attendance allowance should be paid under the scheme;and determine the rates and periods in respect of which travelling and subsistenceallowances would be paid. The Council was also requested to determine the levelof a Provost and Depute Provost's allowance (if any) and the number and level ofspecial responsibility allowances payable to other members
The legislation and the relevant regulations also made provision for amendment orrevocation of schemes for the payment of members' allowances and the proposedscheme repeated this statutory position. It was suggested, however, that thereneeded to be a mechanism within the scheme whereby the level of allowances couldbe uprated from time to time without the necessity of formal amendment of thescheme. Consequently, it was proposed that, in approving the scheme, powers bedelegated to the Director of Civic Services to uprate allowances in line with increasesin the prescribed maximum amounts/rates, as determined from time to time by theSecretary of State or, in the case of special responsibility allowances, in line with theannual percentage pay award made to Local Government employees (APT&C andManual)). The proposed scheme contained such provisions as well as a requirementfor notification and publication of any such increases in allowances.
Decision
The Council agreed:
(1) that a basic allowance of £5,445 per year be paid to all members with effectfrom 7 May, 1999;
(3) that special responsibility allowances be paid to the holders of those positionsof responsibility at the annual rate specified in Appendix 7 with effect from therelevant date of appointment;
(4) that a Provost and Depute Provost allowance be paid at the annual ratesspecified in Appendix 7 with effect from the relevant date of appointment;
(5) that no member should receive more than one special responsibilityallowance;
(6) that travelling and subsistence allowances be paid in accordance with theprovisions of the scheme for the payment of members' allowances;
(7) that the scheme for the payment of members' allowances contained inAppendix 8 be adopted.
(Reference - Report by Director of Civic Services submitted)
SC11 REFURBISHMENT OF COUNCIL CHAMBER, VIEWFORTH
The Council Chamber and associated meeting room accommodation at OldViewforth were used for a whole range of purposes. As well as formal Council andCommittee meetings, the Chamber was used for conferences, presentations, awardceremonies and workshops. The style of the Chamber and the type of furnituremade it difficult to cope with this range of uses.
The Scottish Parliament was actively seeking suitable accommodation throughoutthe country for meetings of Committees and Sub-Committees. Stirling Council wasideally placed to take advantage of this opportunity; however, the Council Chamber,with its current furniture and layout, would be unlikely to meet the Parliament'srequirements regarding acoustics, sound systems, layout flexibility, etc.
A report by the Director of Civic Services summarised the current position on optionsto improve the Council's meeting facilities and sketches of the various options hadbeen displayed prior to the meeting for the information of members. Outline costs ofthe various stages in the possible refurbishment programme were estimated atbetween £200,000 and £300,000. The cost of the project would be met from theCapital Programme provision for contingencies.
Preliminary discussions had taken place with the previous Administration on theproposal and it was considered that a decision on whether or not to proceed with therefurbishment should be taken at an early stage by the new Council, so that, ifpracticable, work could be progressed over the summer recess.
Decision
The Council agreed:
(1) to approve, in principle, the refurbishment of the Council Chamber, OldViewforth;
Councillor Tom Coll (Chair) Councillor Gerry Power (Spokesperson) Councillor Susan LoveCouncillor Margaret Brisley (Vice Chair) Councillor Keith Harding Councillor Dan CampbellCouncillor John Hendry Councillor Pat GreenhillCouncillor Ann Strang Councillor Helen ScottCouncillor Gillie ThomsonCouncillor Pat KellyCouncillor Corrie McChord (ex officio)
CARE COMMITTEE (11 Members)
LABOUR GROUP CONSERVATIVE GROUP SNP GROUP
Councillor Pat Kelly (Chair) Councillor Helen Scott (Spokesperson) Councillor Dan CampbellCouncillor Tom Hazel (Vice Chair) Councillor John HollidayCouncillor John Paterson Councillor Ann DicksonCouncillor Margaret Brisley Councillor Gerry PowerCouncillor Colin O’BrienCouncillor Corrie McChord (ex officio)
LABOUR GROUP CONSERVATIVE GROUP SNP GROUP STATUTORY MEMBERS
Councillor Ann Strang (Chair) Councillor Ann Dickson(Spokesperson)
Councillor Susan Love Ms Heather Bovill
Councillor Tom Hazel (Vice Chair) Councillor Gerry Power Mr Hilary MoraesCouncillor Tommy Brookes Councillor Helen Scott Rev Moira MacCormackCouncillor John Hendry Councillor Alastair ReidCouncillor Margaret BrisleyCouncillor Corrie McChord (ex officio)
COMMUNITY & ECONOMIC DEVELOPMENT (14 Members)
LABOUR GROUP CONSERVATIVE GROUP SNP GROUP STATUTORY MEMBERS
Councillor John Hendry (Chair) Councillor Pat Greenhill(Spokesperson)
Councillor Susan Love Ms Heather Bovill
Councillor John Paterson (Vice Chair) Councillor Alastair Reid Mr Hilary MoraesCouncillor Tom Coll Councillor Catherine Organ Rev Moira MacCormackCouncillor Pat Kelly Councillor Alasdair BeatonCouncillor Colin O’BrienCouncillor Corrie McChord (ex officio)
Councillor Gillie Thomson (Chair) Councillor Catherine Organ (Spokesperson) Councillor Dan CampbellCouncillor Colin O’Brien (Vice Chair) Councillor John HollidayCouncillor Tommy Brookes Councillor Pat GreenhillCouncillor Tom Hazel Councillor Alasdair BeatonCouncillor Tom CollCouncillor Corrie McChord (ex officio)
PLANNING PANEL (8 Members)
LABOUR GROUP CONSERVATIVE GROUP SNP GROUP
Councillor Gillie Thomson (Chair) Councillor Catherine Organ Councillor Dan CampbellCouncillor Colin O’Brien (Vice-Chair) Councillor John HollidayCouncillor Tom Hazel Councillor Alasdair BeatonCouncillor Tommy Brookes
Councillor Gillie Thomson (Chair) Councillor Alastair Reid Councillor Susan LoveCouncillor Colin O’Brien
LICENSING BOARD (8 Members)
LABOUR GROUP CONSERVATIVE GROUP SNP GROUP
Councillor Gillie Thomson (Chair) Councillor Ann Dickson Councillor Susan LoveCouncillor John Paterson Councillor Alastair ReidCouncillor Tommy Brookes Councillor Pat GreenhillCouncillor John Hendry
APPEALS PANEL (6 Members)
LABOUR GROUP CONSERVATIVE GROUP SNP GROUP
Councillor Gillie Thomson (Chair) Councillor Catherine Organ Councillor Susan LoveCouncillor Pat Kelly Councillor Ann DicksonCouncillor Ann Strang
COUNCIL TAX/HOUSING BENEFIT APPEALS PANEL (4 Members)
LABOUR GROUP CONSERVATIVE GROUP SNP GROUP
Councillor Tom Coll Councillor Pat Greenhill Councillor Dan CampbellCouncillor Pat Kelly
HOUSING PANEL (6 Members)
LABOUR GROUP CONSERVATIVE GROUP SNP GROUP
Councillor Pat Kelly (Chair) Councillor Helen Scott Councillor Dan CampbellCouncillor Margaret Brisley Councillor Gerry PowersCouncillor Tom Hazel
APPOINTMENTS (7 Members)
LABOUR GROUP CONSERVATIVE GROUP SNP GROUP
Councillor Tom Coll (Chair) Councillor Helen Scott (or relevant Spokesperson) Councillor Susan LoveCouncillor Margaret Brisley Councillor Pat GreenhillCouncillor Corrie McChordChair of Committee relevant to a particular appointmentor 1 other Administration Member of the ResourcesCommittee in the event of an appointment to a CentralSupport Service.
NO. ORGANISATIONMEMBERSREQUIRED TERM CAPACITY DECISION
12 East of Scotland European Consortium 1 3 years Representative Councillor T Coll
13 Forth Housing Association Management Committee 1 3 years Representative Councillor P Kelly
14 Landfill Tax Trust 3 3 years Trustee Councillors A Strang,T Hazel and ABeaton
15 Leisure Centre Councils(a) Alpha Centre Council 1 3 years Representative Councillor T Hazel(b) Argyll Centre 1 3 years Representative Councillor C McChord(c) Braeport Development Group 1 3 years Representative Councillor A Dickson(d) Bridge of Allan 1 3 years Representative Councillor J Holliday(e) Gargunnock 1 3 years Representative Councillor H Scott(f) Raploch 1 3 years Representative Councillor J Hendry
16 Management Committees (Halls)(a) Balfour Centre, Plean 1 3 years Representative Provost T Brookes(b) Buchlyvie Hall 1 3 years Representative Councillor H Scott(c) Cornton Community Centre 1 3 years Representative Councillor J Paterson(d) Cowie Community Centre 1 3 years Representative Provost T Brookes(e) Killearn Parish Hall 1 3 years Representative Councillor C Organ(f) Menzies Hall, Fintry 1 3 years Representative Councillor H Scott(g) Ochil Crescent Community Centre 1 3 years Representative Councillor J Paterson(h) Stirling Indoor Bowling Centre 1 3 years Representative Councillor A Strang(i) Strathblane Village Club 1 3 years Representative Councillor C Organ(j) Victoria Hall, Dunblane 1 3 years Representative Councillor A Dickson
17 Mugdock Country Park Management Committee 2 3 years Representative Councillors C O’Brienand C Organ
18 Odenwald Trust 1 3 years Trustee Provost T Brookes
1.1 This Scheme is made in terms of Sections 45-47 and 69 of the LocalGovernment (Scotland) Act 1973, Section 18 of the Local Government andHousing Act 1989, Section 4 of the Local Government Etc., (Scotland) Act1994 and the Local Authorities Etc., (Allowances) (Scotland) Regulations1995, and was adopted by Stirling Council on 20 May 1999.
2.0 APPLICATION OF AND AMENDMENTS TO SCHEME
2.1 This Scheme shall be applicable from 7 May 1999, notwithstanding the dateof adoption. Basic Allowance and Telephones, Travelling and SubsistenceAllowance shall be payable with effect from 7 May 1999. SpecialResponsibility Allowances and the (Convener/Provost and DeputeConvener/Depute Provost’s) Allowance(s) shall be payable with effect from21 May 1999 or such other date or dates as the Council shall from time totime determine.
2.2 This Scheme shall be amended from time to time as the Council shall byresolution so determine but it shall only be revoked in full and substituted by anew Scheme with effect from 1 April in any year. Adjustment of the rates ofallowances payable under this Scheme shall not require formal amendmentof the Scheme by the Council, but rates of allowances shall be adjusted inaccordance with the provisions of the Scheme.
3.0 BASIC AND ATTENDANCE ALLOWANCES
3.1 A basic allowance of £5445 will be paid to each Member.
3.2 Where the term of office of a Member is less than a full year, then the BasicAllowance will be calculated pro-rata over the actual period of office. TheBasic Allowance will, so far as is possible, be payable in equal monthlyinstalments with broken periods being payable on a pro rata basis inaccordance with the number of days in each broken period.
3.3 The rate of Basic Allowance payable will be adjusted from time to time inaccordance with increases in “the standard maximum amount” as defined inthe 1995 Regulations. The new rate of Basic Allowance will apply from 1April in each year. The Director of Civic Services will notify Members inwriting when such increases are applied and will publish a notice detailing thenew rate of Basic Allowance in the Council’s Information Bulletin.
3.4 No Attendance Allowance is payable under this Scheme.
4.0 SPECIAL RESPONSIBILITY ALLOWANCES
4.1 Special Responsibility Allowances will be paid to such Members as arespecified in Schedule 1 to this Scheme at the rates specified in that Schedule.
4.2 The rates of Special Responsibility Allowances payable will be adjusted fromtime to time in accordance with the annual percentage pay award made toLocal Government employees (APTC & Manual). The new rates of SpecialResponsibility Allowances will apply from 1 April in each year. The Director ofCivic Services will notify Members in writing when such increases are appliedand will publish a notice giving details of the new rates of all SpecialResponsibility Allowances payable in the Council’s Information Bulletin.
4.3 Where any Member occupies more than one of the positions for which aSpecial Responsibility Allowance is payable only one such SpecialResponsibility Allowance will be payable.
4.4 Where a Member (to whom a Special Responsibility Allowance is payable)has been appointed as the Chair or Vice-Chair of a publicly fundedorganisation (defined by COSLA as an organisation which is directly fundedeither wholly or in part by central government) payments made to thatCouncillor as Chair or Vice-Chair of that organisation will result in theabatement of any Special Responsibility Allowance received from the Council.This abatement will reflect the time commitment required as Chair or Vice-Chair of the organisation. An abatement of 10% of the Special ResponsibilityAllowance received from the Council will be made for each half day per weekthe Member commits as Chair or Vice-Chair of the organisation.
5.0 ELECTION TO FORGO BASIC AND/OR SPECIAL RESPONSIBILITYALLOWANCES
5.1 Any Member may elect to forgo any part of their entitlement to the BasicAllowance or a Special Responsibility Allowance under this Scheme by givingwritten notice to that effect to the Director of Civic Services.
6.0 APPROVED DUTIES
6.1 “Approved Duties” in respect of which travelling and subsistence allowancesare payable shall be those duties specified in Schedule 2 of this Scheme.
7.0 TRAVELLING ALLOWANCES
7.1 Where expenditure on travelling is necessarily incurred by a Member for thepurpose of enabling him or her to perform any approved duty, he or she shallbe entitled to receive payments by way of travelling allowance in accordancewith the following provisions.
7.2 The following provisions will apply to payments of travelling allowances:-
(a) Members claiming mileage expenses for use of a private motor vehicleshall ensure that their motor insurance covers the use of the vehicle(s)used on Council business. As soon as possible following election, andafter 1 April each year, every Member shall produce a valid drivinglicence and car insurance certificate for inspection of the Director ofCivic Services;
(b) Travel by private motor vehicle on Council business will not generally bepermitted other than for journeys within the Council’s area.
(c) Travel on Council business outwith the Council area should be by publictransport. Where public transport is not available or is not convenient,travel by private motor vehicle will be permitted provided this is approvedin advance by the Director of Civic Services. In cases where it isproposed to use a private motor vehicle, consideration will be given towhether or not it would be more appropriate to travel by Council car.
(d) Where public transport is used, travel should normally be by rail and/orbus at the cheapest available fare. Where this would not be possible orconvenient then travel by air and by taxi will be permitted provided thatthis is approved in advance by the Director of Civic Services. Travel byair should be by the cheapest available fare and arrangements for airtravel must be made through Democratic Services.
(e) Parking fees, toll fees or ferry charges will be re-imbursed on productionof a receipt;
(f) No parking fines will be paid under the provisions of this Scheme;
7.3 The following rates of travelling allowances will apply:
(a) Motor Mileage Pence Permile
The rate for travel by a councillor’s ownprivate motor vehicle, or one belongingto a councillor of his family or otherwiseprovided for his/her use, other than asole motor cycle, will be:
The rate for travel by a councillor’s ownsolo motor cycle will be:-
Not exceeding 150cc 7.6
Exceeding 150cc but not exceeding500cc 11.0
Exceeding 500cc 14.9
For the purposes of the above, the cylinder capacity shall be that entered inthe vehicle registration book or document under the Vehicles (Excise) Act1971.
7.4 The rate for travel by taxi or private hire car will not exceed:-
(a) in the case of urgency or where no public transport is reasonablyavailable, the amount of the actual fare and any reasonable gratuitypaid, and
(b) in any other case, the amount of the fare for travel by appropriate publictransport.
7.5 The rate for travel by a hired motor vehicle (other than a taxi or private hirecar) will not exceed the rate which would have been applicable had thevehicle belonged to the councillor who hired it; provided that where theDirector of Civic Services so approves in advance the rate may be increasedto an amount not exceeding the actual cost of hiring.
7.6 In the case of travel by air or train, if arrangements are not made throughDemocratic Services, reimbursement will be on the basis of the ordinary fareor any cheap fare by a regular service, except in respect of travel by sleeper,or, where no such service is available, or in cases of urgency, the actual farepaid.
7.7 The rates of travelling allowances payable will be adjusted from time to timein line with those rates prescribed in regulations. New rates will apply fromsuch date as may be prescribed in regulations. The Director of Civic Serviceswill notify Members in writing when such increases are applied and willpublish a notice detailing the new rates in the Council’s Information Bulletin.
8.0 SUBSISTENCE ALLOWANCES
8.1 When a Member is undertaking approved duties at locations where a mealhas not been provided, he or she can, if they are prevented from taking a
meal at home and are absent from home for the whole of the specifiedperiod, claim subsistence allowance as set out below.
8.2 Day Subsistence Rates £
Breakfast Allowance (more than 4 hoursaway from place of residence before11.00am). 4.48
Lunch Allowance (more than 4 hoursaway from place of residence, includingthe period between 12 noon and 2.00pm). 6.17
Tea Allowance (more than 4 hours awayfrom place of residence including theperiod between 3.00 pm, and 6pm). 2.43
Dinner Allowance (more than 4 hoursaway from place of residence endingafter 7 pm). 7.64
The rates specified above will be reduced by an appropriate amount inrespect of any meal provided free of charge during the period to which theallowance relates.
8.3 Night Subsistence £
Standard 72.71London or Approved Conference 82.92
Any rate determined under this paragraph will be deemed to cover acontinuous period of absence of 24 hours and is subject to Paragraph 11.1 ofthis Scheme.
“Approved Conference” means attendance at an annual Conference of theConvention of Scottish Local Authorities or such other association bodies asthe Secretary of State may for the time being approve for the purpose.
8.4 When main meals are taken on trains during a period for which there is anentitlement to day subsistence, the reasonable cost of the meals (includingVAT) will be reimbursed in full within the limits specified below. In suchcircumstances, reimbursement for the reasonable cost of a meal will replacethe entitlement to the day subsistence allowance for the appropriated mealperiod.
(a) for breakfast an absence of more than 4 hours ending before 11.00am;
(b) for lunch an absence of more than 4 hours including the period between12 noon and 2 pm;
(c) for dinner an absence for more than 4 hours ending after 7pm.
8.5 The rates of travelling allowances payable will be adjusted from time to timein line with those rates prescribed in regulations. New rates will apply fromsuch date as may be prescribed in regulations. The Director of Civic Serviceswill notify Members in writing when such increases are applied and willpublish a notice detailing the new rates in the Council’s Information Bulletin.
9.0 HOSPITALITY EXPENSES
9.1 When a Member necessarily has to spend time overnight away from theirusual place of residence in performing Any approved duties and it isreasonably expected that they may be required to provide hospitality onbehalf of the Council, a daily allowance may be claimed in suchcircumstances. The decision to pay this allowance must be taken in advanceof the proposed journey by the Director of Civic Services. The daily allowancefor hospitality expenses will not exceed £20.00. Members will require toproduce receipts in support of all expenditure on hospitality.
10.0 EXPENSES OF OFFICIAL AND COURTESY VISITS
Subject to the prior approval of the Director of Civic Services, the Council willdefray any travelling or other expenses reasonably incurred by Members inmaking official and courtesy visits, whether inside or outside of the UnitedKingdom, on behalf of the Council. In the case of a visit within the UnitedKingdom, the amount of expenses paid will not exceed normal rates oftravelling and subsistence allowances.
11.0 ATTENDANCE AT CONFERENCES, SEMINARS ETC.
11.1 Payment of travelling and subsistence allowances in respect of approvedconferences, seminars etc., will be paid in accordance with the provisions ofthis Scheme, provided that no payment of subsistence allowance will bemade when the cost of meals and accommodation are included in the cost ofthe event.
12.0 TELEPHONE ALLOWANCE
12.1 Members will be entitled to claim for reimbursement of telephone expensesas outlined below.
12.2 Telephone Allowance will be the actual cost of rental of the system only (notincluding any extra services a member may request) plus one telephone (plusVAT) together with the cost of 450 units per quarter.
12.3 This allowance will only be paid on receipt of the Member’s paid account andis subject to the normal Income Tax and National Insurance deductions.
13.0 CLAIMS FOR AND PAYMENT OF ALLOWANCES
13.1 Members will not be required to submit claims for Basic Allowances or SpecialResponsibility Allowances which will be paid, as far as is possible, in equalmonthly instalments on the 15th day of each month by the BACS system(Bank Automated Credit System).
13.2 All claims for travelling and subsistence allowances must be submitted to theDirector of Civic Services on the prescribed claim form no later than onemonth after the date on which expenditure has been incurred.
14.0 PUBLICATION OF ALLOWANCES PAID
14.1 The Council will keep a record of payments of allowances made to Membersin accordance with this Scheme.
14.2 At least annually, the Council will also publish a copy of the record, and willmake this available for public inspection at all reasonable times by any localgovernment voter in the area.
1.1 Attendance at meetings of the Council and its Committees or Panels (Sub-Committees) to which a Member has been appointed or is otherwiseauthorised to attend in terms of the Council’s Standing Orders;
1.2 Attendance at meetings of any advisory or working group established by theCouncil to which a Member has been appointed for the purposes of, or inconnection with, the discharge of any of the Council’s functions.
1.3 Attendance at meetings of any of the Forums set up by the Council topromote Local Democracy and Community Leadership.
2.0 Meetings of other Bodies
2.1 Attendance at any meeting of another body to which the Member has beenappointed by the Council or at a meeting associated with that body where thebody has authorised the Member’s attendance.
3.0 Appointments through COSLA
3.1 Attendance at any meetings of Committees, Working Groups or other suchbodies to which the Member has been appointed through COSLA but whichare not specifically covered by other sources of funding.
4.0 Conferences, Seminars etc
4.1 Attendance at any meeting, conference, delegation, study course or visitwhere attendance had been authorised in relation to any of the Council’sfunctions or to discuss any matter which relates to the interests of or theinhabitants of the Council’s area (or any part of it): subject always to theappropriate approval.
5.0 Visits, Functions and Ceremonies
5.1 Attendance at any meeting, ceremony or function or on a visit to which aformal invitation has been extended by or on behalf of the Council, or to theCouncil by another public body for the purpose of or in connection with thedischarge of any of the Council’s functions: subject always to the appropriateapproval.
6.1 Attendance at Constituency Surgeries provided that public notice has beengiven and that claims do not exceed than one per week or 48 per year; exceptin the case of rural 4 electoral divisions, where for reasons of local oradministrative convenience, the number shall not exceed twelve in any 3month period.
6.2 Attendance at meetings of community councils, school boards or collegecouncils, community hall committees Or trusts covering part or all of theelectoral division of a councillor.
7.0 Meetings with Officers of the Council and other Business Meetings
7.1 Attendance at meetings held at the workplace of any officer of the Council forthe purpose of consultation with that officer in connection with the dischargeof any of the Council’s functions. In the case of such claims, Councillors willbe required to state the venue of the meeting and the name of the mostSenior Officer present.
7.2 Attendance at Court, Tribunals, Inquiries or other meetings in connection withlegal proceedings where a Member is acting as a witness on behalf of theCouncil.
7.3 Attendance at meetings arranged for the purpose of accepting tenders,signing deeds or other legal documents;
8.0 Group Meetings
8.1 Attendance at meetings of members of individual political groups representedon the Council for the purpose of discussing any matter in connection with thedischarge of any of the Council’s functions on not more that one day perweek: and, in addition, on any other occasion when that may be requiredarising from any business which may exceptionally be required to beconsidered by the Council or any of its committees or sub-committees.
