Legislation for the Establishment of Committees
The legislation applicable to the establishment of Committees within the Council is set out in Schedule 7 of the Local Government (Scotland) Act 1973 which states that a council shall hold such meetings as considered necessary. In an election year the first meeting of the new Council is held within 21 days of the election.
Formal Powers and Functions of Committees
The formal powers and functions of committees are set out in the Councils Standing Orders and the Scheme of Administration in general, Committees may examine any matters that fall within their remit. Committees may also consider matters that fall outwith their remit where it has an interest and can make a recommendation to anotherCommittee/Council.
The Local Government (Access to Information) Act 1985 provides for greater public access to local authority meetings, reports and documents subject to specified confidentiality provisions. These provisions are set out in Part 1 of Schedule 7A of the Act. The Act also provides for excluding confidential information which, if disclosed to the public, would be a breach of an obligation of confidence eg information furnished to the council by a Government department which prohibits the disclosure of the information to the public or under an enactment or order of a court.
In terms of the legislation the Council is required to give 3 days notice of the time and place of a meeting. The Council's Standing Orders however state that notice will be given, where possible, not later than seven days before the meeting. An item of business may not be considered at a meeting of the Council unless either:-
(a) a copy of the agenda including a copy of any reports, excluding those exempt in terms of Part 1 of Schedule 7A of the Local Government (Access to Information) Act 1985 is open to inspection by members of the public at offices of the Council at least three days before the meeting excluding Saturdays and Sundays or, where the meeting is convened at short notice, from the time the meeting is convened, or
(b) by reason of special circumstances, which shall be specified in the minutes, the Convener/Chairman is of the opinion that the item should be considered at the meeting as a matter of urgency.
Members conduct in Council/Committees is governed by The National Code of Local Government shortly to be superseded by "The Councillors' Code of Conduct". This legislation sets out guidelines relating to the declaration of member's interests and when it may be appropriate for a Member to declare an interest in a matter before a Committee and remain in the meeting, participate in the discussion and in some cases the decision.
Further Information Contact Details
Further information on any of the matters can be obtained, in the first instance, from the Principal Committee Services Officer.
Clarification on any issue arising, in terms of the legislation, should be referred to the Monitoring Officer [Chief Legal
Officer] or, in his absence, the Depute Monitoring Officer [Principal Solicitor (Commercial & Conveyancing)].
Committee Services
Council Office
The High Street
Elgin, Moray
IV30 1BX
Tel: 01343 543451
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