Community Council Consultation 2025
Introduction
Community councils were first established in Scotland following the Local Government (Scotland) Act 1973. Thereafter, the Local Government etc. (Scotland) Act, 1994, which produced the current system of unitary local authorities, made provision for the continuation of community councils. Under the legislation, every local community in Scotland is entitled to petition their local authority to establish a community council in their area.
The role of community councils in Scotland was further strengthened by the Community Empowerment (Scotland) Act 2015 which identified them as community participation bodies.
Community councils have a statutory right to be consulted on applications for planning permission and have a key role as per the Planning (Scotland) Act 2019 in engaging with the statutory planning system.
Statutory Purposes
The statutory purposes of community councils established under the Model Scheme are set out in Section 51 (2) of the Local Government (Scotland) Act 1973, as follows: -
In addition to any other purpose which a community council may pursue, the general purpose of a community council shall be to ascertain, co-ordinate and express to the local authorities for its area, and to public authorities, the views of the community which it represents, in relation to matters for which those authorities are responsible, and to take such action in the interests of that community as appears to it to be expedient and practicable.
Glossary of terms
Associate Member
Appointed by a community council where there may be a need for individuals with particular skills or knowledge. These individuals do not have voting rights. Associate members may serve for a fixed period, as determined by the community council, or for the term of office of the community council that has appointed them. Associate members may also include representation from other constituted local voluntary organisations. Associate members are not required to be residents of the community council area.
Chair
Responsible for chairing meetings and ensuring that the meeting runs well. Responsible for ensuring that discussions are productive whilst adhering to the agenda, that meetings run to time and that clear action points are set. Lead and assist the other office bearers and community councillors. Close liaison with other office-bearers. May often be the designated spokesperson/media contact. Has the casting vote in event of an equality of votes being cast except where the matter which is the subject of the vote relates to the appointment of a member of the community council to any particular office or Committee, in which case the decision shall be by lot.
May be an authorised signatory. Can authorise the holding of a special meeting.
Committees
Committees may be formed either to discharge a specific function of the community council (such as dealing with consultations on planning applications) or to consider a topic on a one-off basis. Depending on the remit, the committee may or may not have delegated authority to make decisions. The community council minutes must detail the membership and remit, including the extent of their authority, of any established committees. Minutes of the proceedings of any committee will be presented to the next meeting of the community council, either for noting or approval dependent upon the delegation to the committee. Where the committee is making decisions, the meetings will require to be held in public.
Constitution
A written document setting out the aims and purposes of an organisation and how it is governed.
Co-opted Members
Co-opted members are those who are elected to the community council to fill vacancies between election periods. Co-opted members must be eligible for membership of the community council as detailed in Section 6.6. They must be elected to the community council by a two-thirds majority of the elected community councillors present and voting. Such co-opted members shall have full voting rights, (except voting on co-option of members at the meeting that they are co-opted onto the community council), and will serve until the next round of elections. Notice of any proposed co-option of members is required to be intimated to all community council’s members at least 14 days prior to the meeting when the matter will be decided.
Declaration of Acceptance
Every Community Councillor requires to complete and sign a declaration accepting the office of community councillor and undertaking to fulfil the duties to the best of their ability and to meet the code of conduct in Appendix 4 to this Scheme.
Elected Member
A person who is elected at an Ordinary Election in line with the required eligibility criteria as outlined at Section 6.6. Elected Members will have full voting rights at meetings and will serve until the next ordinary election.
Ex-officio Members
Local Authority Councillors, MPs and MSPs whose wards or constituencies fall wholly or partly within the geographical area of the community council area shall be deemed ex-officio members of the community council. Ex-officio members shall have no voting rights on the community council and do not count towards the membership numbers of the community council.
Heritable Property
Assets, such as land or buildings, which are fixed and cannot be moved.
Interim Elections
An election organised by the local authority between ordinary elections usually to enable the establishment of a community council not previously established at the ordinary elections.
Office Bearer
A person with a specific role within the community council, such as Chair, Vice Chair, Secretary and Treasurer.
Ordinary Election
An election organised by the local authority to appoint members to community councils within Fife, arranged on a rolling 4-yearly basis.
Petition
A written request to ask an organisation to do something. It must be signed by at least 20 Electors.
Quorum
The minimum number of elected members who must be present to enable the community council to make decisions. The quorum for community council meetings shall be one third of the current voting membership of a community council, or 3 voting members, whichever is the greater
The Scheme
Scheme for the Establishment of Community Councils in Fife - This document provides a minimum framework governing the establishment and operation of community councils in Fife.
Secretary
Manages correspondence on behalf of the community council. In consultation with the Chair, will ensure meeting venues are organised, invite items for the agenda, set the agenda and issue, publicise the meeting; minute the meeting ensuring that a record of attendees (community councillors and Fife Councillors) is documented as well as all decisions; circulate/publicise minutes, ensuring any follow up actions are progressed. Maintain records of office bearers and membership and ensure that the Local Authority are advised of any change in membership timeously. May be an authorised signatory.
Standing Orders
The rules which determine how the meetings and business of the community council will be conducted.
Treasurer
Deals with all the finances of the community council in line with the financial guidelines. Is an authorised signatory on the community council bank account(s). Has secure procedures in place for the administration of all monies and keeps accurate financial records as set out in the financial guidelines. Submits regular financial reports to the community council. Applies for the Annual Grant available from the Local Authority. Prepares annual accounts for independent examination in line with the financial guidelines and leads on funding applications.
Vice-Chair
Stands in for the Chair when unable to attend a meeting.
Youth Member
Established community councils can appoint a maximum of two Youth Members between the ages of 16-18 to represent the views of young people in the community area. Youth members must meet the eligibility criteria as set out at section 6.6. These members shall be in addition to the total membership of each community council. They will have full voting rights and will be counted in terms of meeting a quorum. They will be appointed for a maximum term of two-years or until the next ordinary election for community councils.