Gavinton Fogo & Polwarth Community Council
1.0 NAME
1.1
The name of the Community Council shall be The Gavinton Fogo & Polwarth
Community Council (hereinafter referred to as “the Council”).
2.0 AREA
2.1
The area of the Council shall be that part of the Scottish Borders, the
boundaries of which are shown delineated on Map Number 13 annexed to the
principal copy of the Community Council Scheme for the operation of
Community Councils within the Scottish Borders Council Area adopted by
the Scottish Borders Council on 13th December 2007 (hereinafter referred
to as “the Scheme”).
3.0 PURPOSE/FUNCTIONS
3.1
In addition to any other purpose which it may pursue, the Council
shall:-
(a) ascertain, co-ordinate and express to the Scottish Borders Council as the Local Authority for its area, and to other public authorities, the views of the community which it represents in relation to matters for which those authorities are responsible;
(b) make known within the community such information as may be received from the Scottish Borders Council and other public authorities; and
(c) take such action in the interests of that community as appears to it to be expedient and practicable.
3.2
the Council shall be non-party in politics and non-discriminatory and
shall represent all persons in its area.
4.0 COMPOSITION OF THE COUNCIL
4.1
the Council shall be composed of :
(a) 10 members who have been elected in the manner prescribed in the
Scheme consisting of :-
6 members representing Gavinton
3 members representing Fogo
1 member representing Polwarth
(b) The Scottish Borders Councillor(s) for the area covered by the Council or any part of it, who shall have ex officio membership of the Council during their period of office for the Local Authority but shall have no entitlement to vote, move motions or amendments, or hold office in the Council. No member of the Scottish Borders Council may simultaneously be a member of the Council other than in an ex officio capacity.
4.2
The Council may include co-opted members in the following
circumstances:-
(a) members with skills or knowledge which the Council considers would be of assistance to the Council in carrying out its functions. Such co-opted members shall not have voting rights, shall not be entitled to move motions or amendments, and shall not hold office, and may be of any age. Members co-opted for this purpose will serve for such time as may be determined by the Council at the time of their co-option or until the Council decide that their services are no longer required; and
(b) where the elected membership does not comprise the maximum number of elected members specified in paragraph 4.1(a) above but is equal to, or exceeds, one-half of that number, or where casual vacancies arise during a term of office, co-opted persons who would be eligible for election to the Council as members in order to make up that number, subject to the number of members so co-opted not at any one time exceeding one quarter of the maximum number of elected members specified in paragraph 4.1(a) above. For the purposes of this sub-paragraph, any fraction arising shall be rounded down to the nearest whole number. Members so co-opted may serve until the next ordinary election to the Council, qualifying for full voting rights after attending 3 meetings or six months after co-option (whichever is shorter)
4.3
In the event of the number of elected Members of the Council, in the
interval between elections, reducing to less than one-half of the
maximum number specified in paragraph 4.1(a) above, a by-election shall
be held not later than two months after this reduction occurs (unless
the next ordinary election is due to occur within six months of the
reduction occurring). The number of vacancies to be filled at the
by-election shall be the number by which the elected membership falls
short of the maximum.
5.0 NOMINATION OF CANDIDATES
5.1
A person seeking election to the Council must be aged 18 years or over
and appear on the Electoral Roll for that Community Council area or sub
division of that area, where applicable, at the date of being proposed
for membership of the Council. Each candidate shall be nominated by a
Proposer (who may be the candidate) and a Seconder, both being persons
whose names appear at that time in the said Electoral Roll for the
Council area, or sub-division of that area, where applicable.
6.0 METHOD OF CO-OPTION OF MEMBERS
6.1
A proposal to co-opt a person or persons to the Council under paragraph
4.1(b) hereof shall require a Notice of Motion to that effect to be
included on the Agenda for the appropriate meeting of the Council, and
such Notice of Motion shall include the name and address of the person
proposed to be co-opted, together with that person’s number on the
current Electoral Register, and the names of the proposer and seconder
who shall be elected members of the Council.
7.0 CASUAL VACANCIES
7.1
A casual vacancy shall be deemed to arise in any of the following
circumstances:
(a) on the day when a member ceases to be entered in the Electoral Roll for the area covered by the Council;
(b) on the expiry of a period of six calendar months during which a member has failed to attend a meeting of the Council, or of any Committee or other body constituted by the Council, unless leave of absence has been granted or other reason accepted by the Council; or
(c) upon the receipt by the Secretary to the Council of a written notice of resignation from a member.
8.0 TERM OF OFFICE
8.1
Elected members of the Council shall serve for a term of 4 years, and
shall be eligible for re-election.
8.2
This term of office shall be held to be adjusted without the need to
amend this Constitution in the event of the Scottish Borders Council
exercising their right under the Scheme to set a common date in each
year for Community Council elections.
9.0 GENERAL PROVISIONS
9.1
At the first public meeting of the Council following the initial
election and within 21 days of such election. The meeting shall be
chaired by the Returning Officer or his nominee (who shall normally be
an ex officio member, if available), until a Chairperson has been
elected. the Council shall elect from its eligible members a
Chairperson, to be known by such title as the Council decide, subject to
approval of that title by the Scottish Borders Council, and such other
office-bearers as the Council shall deem necessary. Thereafter such
office-bearers, who shall be eligible for re-election, shall be elected
or re-elected at the first Public Meeting following a Council election.
9.2
Where there are two or more candidates for an appointment to an office
or post, voting shall be by ballot. Where the first ballot does not
produce an absolute or overall majority of votes in favour of one
candidate, the candidate having the least number of votes shall be
struck off the list and a fresh ballot as between the remaining
candidates shall take place; and so on until an absolute majority of
members present and voting are in favour of one candidate.
9.3
The Council may elect a Secretary and a Treasurer (which offices may be
combined) who shall hold office and may be eligible for re-election in
accordance with the provisions of paragraph 9.1 above. In the event of
the Council being unable to elect a Secretary and/or Treasurer, the
Secretary and Treasurer (but no other office-bearers) may be appointed
from out-with the membership of the Council and may receive such
remuneration as the Council may determine from the resources available
to them, there being no extra funding available from the Scottish
Borders Council for this purpose. Such appointees from out-with the
membership shall be entitled to speak only on matters relating to their
function as office-bearers and shall have no voting rights.
9.4
The Chairperson shall:-
(a) be responsible for ensuring that meetings of the Council are
properly conducted in accordance with this Constitution and the Standing
Orders; and
(b) be responsible for the submission of a written Annual Report on
the Council’s activities for the previous year to the Annual General
Meeting and thereafter to the Scottish Borders Council.
9.5
The Secretary, or in the absence of the Secretary, the Chairperson pro
tem, shall:-
(a) convene meetings of the Council and its committees;
(b) undertake correspondence arising from the work of the Council;
(c) be responsible for preparing and keeping the minutes of meetings,
including a record of those members in attendance and those members who
are absent, and making a true record of proceedings for distribution to
members and others; and
(d) undertake other duties required by the Council from time to time.
9.6
The Treasurer shall:-
(a) correctly maintain the Council’s financial records, which shall
disclose, with reasonable accuracy at any time, the financial position
of the Council;
(b) take all reasonable steps to ensure that monies due are received
and creditors paid;
(c) present financial information to the Council when required; and
(d) if nominated to do so, prepare annually an Abstract of Accounts
for submission to the Annual General Meeting.
9.7
Any vacancy in office arising during the office-bearer’s term of office
may be filled at any meeting of the Council, provided that notice of the
vacancy has been included in the agenda for the meeting.
9.8
As soon as practicable following such appointments, the Council shall
lodge with the Head of Corporate Administration of the Scottish Borders
Council, a return specifying the full names, designations and addresses
of the Council office-bearers and Auditor(s)/Examiner(s) of their
Accounts and subsequently advise him, in writing, of all changes thereof
within one month of such changes occurring.
9.9
New members of the Council shall be given a copy of the following items
prior to the first meeting that they attend:-
(a) The Constitution of the Council
(b) The Standing Orders of the Council
(c) Scottish Borders Code of Conduct for Community Councillors
9.10
As defined in the Scheme, the Council’s financial year shall run from
1st April to 31st March inclusive.
10.0 SUB-COMMITTEES
10.1
The Council shall have the power to establish Sub-Committees and ad hoc
Committees and to stipulate their composition, powers, duties and
duration.
10.2
Decisions of Sub-Committees and ad hoc Committees shall be taken by a
majority vote of those present, with the Chairperson having both a
deliberative and a casting vote.
10.3
At a meeting of a Sub-Committee or ad hoc Committee, a quorum shall be
at least one-half of the elected membership thereof.
10.4
Sub-Committees or ad hoc Committees shall keep a record of their
proceedings and decisions taken, which will be submitted to the
Secretary for entry into the Council minutes.
11.0 MEETINGS
11.1
Meetings of the Council shall be convened at intervals of not more than
3 months and at least 6 meetings shall be held annually, one of which
shall be the Annual General Meeting. All meetings of the Council shall
be open to members of the public. The Council shall comply with the
principles of the Local Government (Access to Information) Act 1985, a
summary of its main provisions having been provided to the Council, and
any amending legislation, particularly in regard to the conduct of
business in public unless permitted to be taken in private in terms of
the Act, and also in regard to allowing advance sight of agenda papers
and Minutes.
11.2
All relevant Council members shall be advised of the place, date and
time of any meetings of the Council, Committees or Sub-Committees by
means of written agendas, specifying the business to be conducted and
sent, where possible, via electronic means to either their normal
residence, or place of work if requested by them, at least seven days
before or, in cases of urgency, at least three clear days before, the
due date of such meeting. At the same time as the agenda is issued to
members, a copy shall be sent to the Head of Corporate Administration of
the Scottish Borders Council or nominee as advised. At the same time,
public notice shall be given by a copy of the agenda being affixed in a
prominent and clearly visible position within the notice boards located
at Gavinton Village Hall & Fogo Hall.
11.3
The Council members shall comply with the Scottish Borders Code of
Conduct for Community Councillors.
11.4
Members shall be required, in advance, to declare pecuniary and
non-pecuniary interests relating to matters which might be under
discussion and after doing so shall take no part in their consideration.
Failure to observe this may lead to suspension from a meeting and
repeated failure to observe may lead to suspension from participating in
the work of the Council for a period of time.
11.5
Only Council members with full voting rights may vote at Council
Meetings, including Annual General Meetings, the only exception being
votes on the proposed contents of the Constitution and proposed
amendments thereto, in which case all persons eligible to vote in local
government elections and on the Electoral Roll for the Council area and
in attendance at the meeting are entitled to vote.
11.6
The Quorum for the Council meetings shall be one-third of the Council
membership eligible to vote, subject to a minimum of three.
11.7
With the permission of the Chairperson, any member of the public in
attendance may speak or ask a question regarding any item on the agenda.
12.0 SPECIAL MEETINGS AND EXTRAORDINARY GENERAL MEETINGS
12.1
The Council shall be empowered to convene special meetings and
extraordinary GENERAL meetings as after mentioned within the area of the
Council for the purpose of considering matters of interest and
importance, and for the purpose of agreeing or amending the
Constitution.
12.2
The Council shall, upon receipt of a requisition signed by twenty
electors, convene a special meeting, to be held within 21 days of
receipt by the Secretary or Chairperson of that requisition, to consider
the business specified in the requisition and in the notice calling the
meeting.
12.3
The Council shall, upon receipt of a requisition signed by not less than
3 members, convene an extraordinary general meeting, to be held within
14 days of receipt by the Secretary of that requisition, to consider the
business specified in the requisition and in the notice calling the
meeting.
13.0 ANNUAL GENERAL MEETING
13.1
An Annual General Meeting shall be held not later than 60 days after the
end of the Council’s financial year.
13.2
The Agenda for the Annual General Meeting shall include the following
items, namely:-
(i) a report by the Chairperson on the Council’s activities for the
previous year;
(ii) the scrutinised/approved Annual Abstract of Accounts;
(iii) proposals for the amendment of the Council’s Constitution,
where appropriate;
(iv) election of office bearers;
(v) appointment of auditors;
(vi) agreement to abide by the Scottish Borders Council Code of
Conduct for Community Councillors.
14.0 MINUTES
14.1
The Council shall submit to the Head of Corporate Administration of the
Scottish Borders Council or nominee, copies of the draft Minutes of its
meetings not later than 21 days after each meeting. Minutes shall be
circulated to members not later than with the issue of the agenda for
the next meeting. Minutes of any meeting shall be made available not
later than seven clear days prior to the next meeting of the Council for
inspection by members of the public within the Council’s area on the the
notice boards located at Gavinton Village Hall & Fogo Hall.
15.0 HOLDING OF HERITABLE PROPERTY
15.1
Any heritable property acquired by the Council shall be vested in the
Chairperson, Secretary and Treasurer of the Council, and their
respective successors, as trustees for and on behalf of the Council.
15.2
The Council shall keep an accurate record of any assets held and where
they are kept indicating its wishes for the dispersing of these assets
in the event of the Council being disestablished or dissolved. A copy of
the register, and any subsequent changes, shall be submitted to the Head
of the Business Improvement Unit of Scottish Borders Council within
twenty one days of it being agreed by the Council.
16.0 STANDING ORDERS
16.1
All business of the Council shall be conducted in accordance with the
Standing Orders as prepared by the Council and approved in writing by
Scottish Borders Council prior to adoption, and which shall not be
amended without the prior written approval of the Scottish Borders
Council.
17.0 FINANCIAL PROVISIONS
17.1
The Council may raise funds for schemes, projects and other purposes
falling within its stated objects.
17.2
All monies received by the Council, whether by way of grant, gift or
loan shall be applied to further its objects.
17.3
The Council shall keep an accurate record of its receipts and payments
and the Treasurer or other nominated office-bearer shall prepare
annually an Abstract of Accounts. The books and Abstract of Accounts
shall be scrutinised by an auditor/independent examiner (who shall not
be a member of the Council), duly appointed from year to year for that
purpose by the Council following approval by the Scottish Borders
Council. A copy of the approved Abstract of Accounts for the Council
shall be submitted to the Head of the Business Improvement Unit of the
Scottish Borders Council within seven days of the Annual General
Meeting.
18.0 DISSOLUTION/DISESTABLISHMENT
18.1
A proposal to dissolve the Council shall require a Notice of Motion to
that effect to be included on the agenda for a special meeting or an
extraordinary general meeting, and shall require to be passed by a
two-thirds majority of those present and voting.
18.2
In the event of the disestablishment or dissolution of the Council for
any reason, such property and funds as are vested or under the control
of the Council at the date of disestablishment or dissolution shall be
transferred to and vested in the Scottish Borders Council unencumbered
and shall be administered and applied by them in such manner as the
Scottish Borders Council, in line with the wishes of the Council in the
aforementioned asset register, may determine to be for the benefit of
all or part of the Community Council area, said discretion including the
power of sale. The members and office-bearers of the former Council
shall remain liable following such transfer for their intromissions with
the Council’s former assets during their term of office.
19.0 AMENDMENT OF THE CONSTITUTION
19.1
Any proposal to amend this Constitution must be delivered in writing to
the Secretary of the Council at least twenty-eight days before the date
of the Meeting at which the proposal is first to be considered
19.2
Subject to the provisions of paragraph 12 hereof any alteration to this
Constitution will require approval of both:
(a) a majority of Members of the Council voting at a meeting of the
Council; and
(b) a two-thirds majority of those residents of the Community Council
Area who are in actual attendance at an Annual General Meeting of the
Council or a Special Meeting or an Extraordinary General Meeting
convened for considering the approval of such alteration and those
residents being entitled to vote.
19.3
Notice of any Special Meeting or Extraordinary General Meeting at which
a proposal to change this Constitution of the Council is to be
considered shall be given at least fourteen days prior to the date of
the Meeting and such notice shall detail the wording of the proposed
alteration(s).
20.0 ADOPTION OF CONSTITUTION
20.1
This Constitution, after being agreed by the Council, was adopted at an
Extraordinary General Meeting of the Council held on Monday 24th
November, 2008 in Gavinton
Signed By :-
MRS MARGARET BISHOP – CHAIRPERSON
MR TERENCE O’GORMAN – VICE CHAIRPERSON
MR PETER GIBBENS – TREASURER