Craigleith/Blackhall

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Constitution PDF Print E-mail
Written by Administrator   
Thursday, 25 June 2009 21:21
This Constitution is made in accordance with the relative provisions of the Scheme for Community Councils in the City of Edinburgh, referred to hereinafter as "the Scheme", as approved by the Secretary of State for Scotland in terms of Section 52(5) of the Local Government (Scotland) Act 1973.

1. Title
The Community Council shall be known as the Craigleith/Blackhall Community Council, referred to hereinafter as "the Community Council".
The members of the Community Council, whether elected or nominated, shall be known as Community Council Representatives, hereinafter referred to as "Representatives", either elected or nominated.

2. Functions
The functions of the Community Council shall be those set out in Section 5 1(2) of the Local Government (Scotland) Act 1973 and any other specific functions which may be agreed between the Community Council and The City of Edinburgh.

3. Membership
In accordance with and as specified in the Schedule to the Scheme, the membership of the Community Council shall consist  12 Elected Representatives and 6 Nominated representatives.

Members of Parliament and of The City of Edinburgh Council representing a Parliamentary constituency, or electoral ward within which the area of the Community Council as defined in the Scheme is wholly or partly situated, shall be members ex officio of the Community Council. Such ex officio members shall have no voting rights and shall not be entitled to be elected or nominated representatives of the Community Council.

The Community Council may co-opt persons with a specific knowledge or expertise, up to a maximum of 5. Such co-opted members shall have no voting rights and shall not be entitled to be elected or nominated representatives of the Community Council. The Community Council will also seek to invite two young people between 16 and 18 years of age to serve as co-opted members. (These shall be in addition to the 5 co-options permitted above).

4. Method of Election and Appointment

a. Elected Representatives
The second and subsequent ordinary elections of elected representatives to the Community Council shall be conducted in accordance with the Rules for Elections contained in Appendix I to this Constitution.

b. Nominated Representatives
The second and subsequent appointment of nominated representatives to the Community Council shall be made in accordance with the procedure contained in Appendix II to this Constitution.

5. Term of Office
  • a) Elected representatives at the first elections shall hold office until the day of the next ordinary election of representatives at the end of the current three year Community Council cycle.
  • b) Elected representatives at the second and subsequent ordinary elections of representatives shall hold office until the date of the next ensuing election of representatives.
  • c) The term of office of nominated representatives shall be the same as that of elected representatives provided that nominated representatives shall cease to be representatives of the Community Council on ceasing to be members of their respective nominating organisations.
  • d) Ex Officio members shall cease to be members on ceasing to hold their qualifying office.
  • e) A co-opted member shall hold office until the next ensuing ordinary elections of representatives.
  • f) An elected or nominated representative elected or appointed to fill a vacancy shall hold office until the day of the next ensuing ordinary election or appointment of representatives.

6. Casual Vacancies
Casual vacancies occurring in the elected representatives may be filled by co-option provided that the number of members co-opted does not exceed one quarter of the maximum number of elected representatives.

In the event of any nominated representative ceasing to hold office on a Community Council, the vacancy shall be filled by a person appointed at a joint meeting of local interest groups called for that purpose.

7. Chairperson and Vice Chairperson
At the Annual General Meeting of the Community Council following the ordinary election of representatives, the Community Council shall appoint from amongst its members a Chairperson and a Vice Chairperson, both of whom shall hold office until the date of the next ensuing ordinary election of elected representatives to the Community Council.

8. Officers
At the first Annual General Meeting of the Community Council following the ordinary election of representatives, the Community Council shall appoint from amongst its members a Secretary and a Treasurer, both of whom shall hold office until the date of the next ensuing ordinary election of representatives to the Community Council.

9. Meetings
There shall be at least 6 meetings in public in each year at times and places to be determined by the Community Council.
The Annual General Meeting of the Community Council shall be held in May, save that in an election year the Annual General Meeting shall be held within 21 days following the ordinary election of representatives.

10. Sub Committees
The Community Council may appoint Sub-Committees which may meet in private. The Chairperson of a Sub-Committee shall be appointed by the Community Council. A Sub-Committee shall deal with only those matters specifically remitted to it by the Community Council.

11. Notice of Meetings
Meetings will normally be called by notice in writing given by the Secretary not less than 7 days before the date of the meeting and the notice shall include the agenda of items of business to be transacted at the meeting.

12. Sederunt
The Secretary shall keep a record of the names of the representatives present at each meeting of the Community Councilor of any Sub-Committee.

13. Minutes
The Secretary shall keep the minutes of all meetings of, the Community Council and of all meetings of any Sub-Committees.

At each ordinary meeting of the Community Council:
  • a) the minutes of the previous ordinary meeting and of any intervening meeting of the Community Council, having been circulated, shall be submitted, held as read and approved as a correct record of the meeting after such adjustment, if any, as may be decided to be necessary, and thereafter signed by the Chairperson of the meeting to which they are submitted;
  • b) the minutes of all meetings of Sub-Committees held since the last ordinary meeting of the Community Council shall be circulated among the members of the Community Council and shall be subject to the approval of the Community Council. Minutes of meetings of Sub-Committees shall be signed by the Chairperson of the meeting to which each minute relates.

14. Procedure at Meetings
Unless provision is made to the contrary in this Constitution, the normal rules of procedure applicable to meetings of local authorities as defined in Schedule 7 of the Local Government (Scotland) Act 1973 will apply to meetings of the Community Council.

15. Quorum
No business shall be transacted at a meeting of, (a) the Community Council unless at least one third of the whole number of representatives for the Community Council as specified in the Schedule to the Scheme are present: and (b) a Sub-Committee of the Community Council unless there are present 50% of the total number of members of the Sub-Committee or whichever is the lesser.

16. Chairperson
At a meeting of the Community Council the Chairperson, if present shall preside. If the Chairperson is absent from a meeting of the Community Council, the Vice Chairperson shall preside and if both are absent another member of the Community Council chosen by the members of the Community Council present shall preside.

The Chairperson of the meeting shall decide all questions of order, relevancy and competency arising at meetings of the Community Councilor of any Sub-Committee, and his or her ruling shall be final and shall not be open to discussion.

17. Financial Arrangements
The Community Council shall have their accounts audited annually by a competent person appointed by the Community Council for the purpose at the Annual General Meeting.

The financial year of the Community Council shall be the same as that of The City of Edinburgh Council (I st April to 31 st March) and adequate copies of all audited accounts shall be available at the Annual General Meeting.

The Community Council shall by the 1st November each year submit a copy of their audited accounts for the previous year to the Director of Finance of The City of Edinburgh Council.

18. Dissolution
The Community Council may be dissolved in terms of paragraph 13(a) of Appendix I to this Constitution or by resolution of the Community Council at a meeting called for that purpose and notice of the intention to consider dissolution having been given in the Notice calling the meeting.
 
In the event of the dissolution of the Community Council it shall be open to any 20 electors for the area (as defined in the Scheme) to make further application for a Community Council to be established for the area after the expiry of 6 months following the date of dissolution.

On the dissolution of the Community Council, such property and funds as are vested in the Community Council at the date of its dissolution shall vest in The City of Edinburgh Council who shall apply the funds for the benefit of the inhabitants of the Community - Council Area provided that preference shall in any event be given to the transfer of such property and funds to a successor Community Council for the area established in accordance with the Scheme.

19. Approval of the Constitution
This Constitution is subject to the approval of The City of Edinburgh Council.

20. Amendment of Constitution
This Constitution may be amended provided that any proposed amendment shall not take effect until it has been approved by The City of Edinburgh Council.