| Kingsbarns Community Council -
Scheme for the establishment of Community
Councils - adopted by Fife Council 18 March 2004
Kingsbarns Community Council
1.1 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. Community Councils are encouraged to promote community
participation and a sense of community spirit within their community.
1.2 In addition to the general purpose of a Community
Council, a Community Council may carry out such other functions as approved
where appropriate by Fife Council or any other body who may provide resources
to carry out the function, including the safeguarding and improvement of the
amenities and environment in their area.
2.0 Boundaries Of Community Councils
2.1 The boundaries of the areas of Community Councils and
their populations and the number of members to be appointed to Community
Councils are detailed in Schedule 1 to this Scheme together with the plan
2.2 Any request to create new Community Councils by (1) the
sub-division of an existing Community Council area or (2) the merging of 2
Community Council areas or (3) changing the boundaries of existing Community
Councils must be made in writing to the Head of Law & Administration, who
will arrange for the request to be submitted to the appropriate Fife Council
Committee. Such requests should demonstrate local support for the proposal,
including the agreement of the existing Community Council(s).
3.0 Establishment of Community Councils
3.1 The regular Community Council elections will provide an
opportunity for the establishment of all Community Councils in Fife. If, for
any area a Community Council is not established at an ordinary election then on
the application of 20 electors from the appropriate area, a Community Council
shall be established by election carried out under the rules for Community
4.0 Qualification of Electors
4.1 A person shall be entitled to vote at a Community
Council election if he/she has reached the age of 18 on the date of the poll
and is resident in the area of the Community Council and/or is registered as a
local government elector there).
4.2 A person is not entitled to vote as an elector in more
than one Community Council election.
5.0 Qualification for Nomination, Election and Holding
Office as a Member of a Community Council
5.1 A person shall be qualified to be nominated as a
candidate for election as a member of a Community Council if he/she has reached
the age of 18 years and -
(a) on the day on which he/she is nominated as a candidate
he/she is a local government elector for the area of the Community Council; or
he/she has, during the whole of the twelve months preceding that day resided in
the area of the Community Council; and
(b) on the day on which he/she is nominated he/she is not an
elected member of Fife Council.
5.2 A person holding office as an elected member of a
community council will not act in the office of a community councillor unless
he/she has made a declaration accepting the office and undertaking to fulfil
the duties of it according to the best of their judgement and ability and
undertaking to meet the standards of conduct outlined in Schedule 3.
5.3 If such a declaration is not made and delivered to the
Head of Law and Administration within two months of being elected or appointed
the office of that person shall become vacant.
6.1 Elections under this scheme shall be held in accordance
with rules for Community Council Elections made by Fife Council. Any rules made
by Fife Council shall only be made following consultation with the Community
Councils in Fife.
6.2 Where the number of nominations received is less than
half of the number of vacancies that exist the Community Council shall not be
established at that time.
7.0 Composition of Community Councils
7.1 A Community Council shall consist of:-
(a) persons elected under this scheme;
(b) the elected members of Fife Council ex officio whose
area of representation includes any part of the area of the Community Council.
Such ex officio members shall not be entitled to hold office in terms of
paragraph 10.1 of this Scheme and shall not be entitled to vote on any item of
business considered by the Community Council; and
(c) co-opted members - persons appointed by the Community
Council who are not members of the Community Council for any specific purpose
by reason of their interest in the community of the area of the Community
Council and whose views would be of assistance to such Council or could be
employed for the promotion or advancement of any scheme or project falling
within the objects of such Council. The persons appointed for such a purpose
shall not exceed one fourth of the elected members of the Council. Any person
so appointed shall be appointed for such period as the Community Council may
determine but not beyond the next elections to the Community Council. Such
appointed members shall be entitled to speak on any item but not vote on any
item of business considered by the Community Council.
(d) nominated members - a Community Council may make
provision to invite organisations operating within its area to nominate members
to serve on the Community Council. Where a Community Council makes such
provision then at no time shall the number of nominated members exceed one
fourth of the elected members of the Council. Such nominated members shall not
be entitled to vote on any item of business considered by the Community
7.2 In addition to members appointed under paragraph 7.1
above the Royal Burgh of St. Andrews Community Council shall include three
persons appointed by the Student Representative Council such persons being
students at the University of St. Andrews and having been elected to the
Student Representative Council.
8.0 Casual Vacancy
8.1 In the event of a casual vacancy or vacancies occurring
in the elected membership, a Community Council shall be entitled to fill any
vacancy with any person qualified as a candidate for election as a member of
the Community Council who will be deemed to hold office as an elected
In filling a vacancy with any person under this paragraph a
Community Council must, in the first instance, offer the vacancy to the
unsuccessful candidate who polled the most number of votes at the most recent
elections for community councils. If he/she does not wish to fill the vacancy
or is no longer eligible for the Community Council or steps taken to contact
him/her have in the opinion of the community council been unsuccessful, then
the vacancy should be offered to the unsuccessful candidate who polled the next
highest number of votes and so on until either the vacancy is filled or the
list of unsuccessful candidates is exhausted. If a Community Council is unable
to appoint from the list of unsuccessful candidates a vacancy should be filled
by any other reasonable method it chooses e.g. hold a public meeting at which
candidates have a chance to state their case before a ballot of Community
A casual vacancy shall be deemed to have arisen on the
occurrence of any of the following events:-
(a) death of an elected member;
(b) resignation of an elected member intimated to the
Secretary of the Council in writing;
(c) resignation of an elected member by declaration at a
meeting of a Community Council so long as that resignation is not withdrawn in
writing by the commencement of the next scheduled meeting of that Community
(d) unreasonable non-attendance by an elected member at
meetings for a period of six months;
(e) an elected member ceasing to be qualified as a candidate
for election as a member of a Community Council;
(f) the number of nominations received is sufficient to
establish the Community Council in terms of paragraph 6.2 of this Scheme but
less than the number of members to be appointed in terms of Schedule 1.
9.1 (a) A Community Council shall hold in every year such
meetings as they think necessary and in an election year shall hold a meeting
within one calendar month from the date of the election.
(b) Meetings shall be held at such hours, on such days and
at such places as the Community Council may decide, having regard to the
availability of members of the Community Council and the ease of access of the
place to members of the public.
(c) Public notification shall be given of the place, time,
date and agenda of all community council meetings. Notwithstanding the
foregoing, a Community Council will meet not less than 4 times per year, one of
which will be an Annual General Meeting which shall consider and approve the
audited financial statement for submission to Fife Council.
9.2 A special meeting may be called:-
(a) on the requisition of the Chair of the Council;
(b) on requisition of at least one fourth of the elected
members of the Council; or
(c) a requisition of twenty electors for the area of the
which meeting shall be held within 21 days of receipt of a
requisition stating the reason for the requisition by the Secretary of the
Community Council. It will only be necessary to call such a meeting if the
subject matter of the requisition cannot be dealt with at the next ordinary
meeting of the Community Council.
9.3 No business shall be transacted at a meeting of the
Community Council unless the greater of at least 40% of the actual number of
elected members or three of such members of the Community Council are
Public Access to Meetings
9.4 All meetings of the Community Council shall be open to
the public. The Community Council shall encourage public participation in their
meetings. However, the public may, by resolution, be excluded from a meeting of
the Community Council during consideration of an item of business whenever it
is likely that if members of the public were present, there would be disclosure
to them of:-
(a) information relating to any particular applicant for, or
recipient or former recipient of, any financial assistance provided by the
(b) information relating to the financial or business
affairs of any particular person (other than the Community Council);
(c) any terms proposed or to be proposed by or to the
Community Council in the course of negotiations for a contract for the
acquisition or disposal of property or the supply of goods or services relating
to that Community Council;
(d) any instructions to counsel and any opinion of counsel
(whether or not in connection with any proceedings) and any advice received,
information obtained or action to be taken in connection with:-
any legal proceedings by or against the
Community Council; or the determination of any matter affecting the Community
Council, (whether, in either case, proceedings have been commenced or are in
(e) information relating to individuals nominated for civic
awards (e.g. Citizen of the Year) prior to the announcement of the recipient.
For the avoidance of doubt this does not apply to discussions relating to the
filling of a vacancy arising from the resignation of an elected member of the
9.5 Subject to the provisions of this Scheme a Community
Council may make standing orders for the regulation of their proceedings and
business and may vary or revoke any such orders.
9.6 A Community Council may form a sub-committee to
consider specified matters and may arrange for the discharge of any of its
functions by such a sub committee. If a sub-committee is appointed to discharge
any of the functions of a Community Council a majority of the members of the
sub committee shall be elected members of the Community Council. Minutes of the
proceedings of any sub-committee shall be presented to the next meeting of the
9.7 Minutes of the proceedings of a meeting of a Community
Council including proceedings to which the public are excluded under 9.4 shall
be drawn up and shall be signed at the next meeting of the Council not called
in terms of 9.2 above by the person presiding at that meeting. Thereafter
minutes shall be available for inspection by any person who wishes to see a
copy of the minutes.
Declaration of Interest
9.8 Whether before or during any meeting of a Community
Council a member of that Council becomes aware that he/she or any person
connected with him/her has (whether directly or indirectly) a material interest
in or relating to any matter to be or being considered he/she shall declare
such interest and withdraw from the meeting during such consideration and shall
not speak or vote on any question relating to the matter. Such a declaration of
interest shall be recorded in the minutes of the meeting.
10.0 Appointment of Office Bearers
10.1 Every Community Council, at its first meeting, which
shall be convened for a date within one calendar month after the election of
members:- (a) shall elect one of its elected members to be Chair of the
Council; (b) may elect one or more of its elected members to be Vice-Chair; (c)
shall elect one of its elected members to be Secretary to the Council; (d)
shall elect one of its elected members to be Treasurer to the Council.
The above named office bearers will be appointed for a
minimum period of 1 year.
A member of a Community Council may hold at the same time
any two of the posts of Chair, Vice Chair, Secretary or Treasurer with the
exception that a member cannot be both Chair and Vice Chair at the same
The Chair, Vice-Chair, Secretary and Treasurer shall
continue in office until but not including the inaugural meeting of the
Community Council, unless a motion is passed in terms of paragraph 11.0 below
of the Scheme. The inaugural meeting shall at its outset be chaired by a Local
Authority Councillor for the area or any other person appointed to do so by
11.0 Removal of Office Bearers
11.1 In the event that an Office-Bearer of the Community
Council is not performing his or her duties to the satisfaction of the
Community Council, a motion to remove that Office Bearer from his or her post
can be considered at a meeting of the Community Council, provided that notice
has been given on the agenda for the meeting and the Office Bearer concerned
has been given reasonable opportunity of being heard.
11.2 If a motion in terms of paragraph 11.1 above is passed
by a two thirds majority of the current number of elected members on the
Community Council then the office bearer concerned will be deemed to have been
removed from that post and the post will require to be filled as the next item
of business at that meeting.
11.3 Any Community Councillor who becomes, or acts as an
election agent for, a prospective candidate for local government or
parliamentary elections covering part or all of the area of the Community
Council should not hold office in the Community Council during the period of
the candidature. That period will commence on the day on which a candidate is
nominated and shall continue until the day of the election. The Community
Council should appoint a temporary replacement from within its elected members
for the duration of that period.
12.1 This Scheme will act as the Constitution for all
Community Councils in Fife unless a Community Council decides to adopt its own
constitution in terms of paragraphs 12.2 and 12.3 below.
12.2 Any Community Council can adopt its own constitution if
it so wishes. If a Community Council wishes to adopt its own constitution, then
it shall forward the constitution for the approval of Fife Council.
12.3 Constitutions approved by Community Councils must not
conflict with the terms of this Scheme. Any constitution approved by an
individual Community Council will remain in force until Fife Councils approves
a revision of this Scheme or the Community Council approves an amended
12.4 Community Councils shall at all times act in accordance
with law and in accordance with the terms of their constitution.
13.0 Finance and Accounts
13.1 The Fife Council shall in each financial year set
aside funds of an amount determined by it towards the general running costs of
13.2 This sum shall consist of these elements:- (a) an
amount to cover insurance which will be paid directly to the insurance company
by Fife Council which will include public liability, employers' liability, loss
and theft of money, personal accident, libel and slander and limited all risks
cover for equipment. (b) a fixed basic grant for all community councils; (c) a
per capita allowance per head of population of the area of the Community
13.3 The level of each of these elements will be agreed by
Fife Council on an annual basis.
13.4 Community Councils shall be advised each year of their
maximum grant allocated based on the elements above.
13.5 Prior to disbursal of grant from Fife Council,
Community Councils will submit the previous year's audited accounts and a
request for a required sum up to the maximum allocation.
13.6 The grant will be issued as a cheque made payable to
the Community Council. Community councils not requesting their maximum
allocation initially shall be able to request additional amounts up to this
annual maximum should they require it. These requests should be made by the end
of December of that year.
13.7 In determining the amount payable to a community
council, Fife Council shall take into account any surplus funds held by the
community council where: (i) the surplus funds are from the grant previously
given by Fife Council and not from the community council's own fund raising
efforts, and (ii) the surplus held exceeds 20% of the allocated grant; and
(iii) the surplus funds are not being held for a specific future requirement
stated by the community council.
13.8 All monies raised by or on behalf of a Community
Council shall be applied to further the purposes of that Community Council (as
defined in paragraphs 1.1 and 1.2 above) and for no other purpose.
13.9 Each community council shall keep books and/or records
of income and expenditure. The Treasurer shall be responsible for keeping
proper accounts of the finances of the Community Council. The accounts shall be
audited at least once a year by the Auditor or Auditors appointed by the
Community Council. A Community Council must resolve to appoint an independent
person for the purpose of auditing the Community Councils accounts. Each
Community Council will open a bank account in the name of the Community Council
with a Bank or Building Society as the Community Council shall from time to
time decide. The Community Council shall authorise in writing at least three of
its members of the Community Council, one of whom shall be the Treasurer, to
sign cheques on behalf of the Community Council. All cheques must be signed by
not less than two of the three or more authorised signatories. In carrying out
their duties, a Community Council shall not incur expenditure in excess of the
sum provided by way of grant unless funds to meet this additional expenditure
have been raised by the Community Council themselves to cover this. Local
Community Groups will be eligible to apply to Community Councils for grants
insofar as they meet with the objects of the Community Council. The financial
year of the Community Councils should coincide with that of Fife Council (i.e.
1st April to 31st March). Fife Council reserves the right to withdraw funding
in the event of a Community Council failing to comply with the provisions of
this Scheme or any legal obligations which they are required to meet.
14.1 Fife Council recognises Community Councils as bodies
which should be consulted and informed over matters of mutual interest and will
make appropriate arrangements for information being supplied to Community
Councils to enable them to ascertain, co-ordinate and express to Fife Council
and other bodies the views of the communities they represent. Such arrangements
will be incorporated in a good practice agreement detailing expectations
regarding consultation and support by the Fife Council. The agreement will
include a protocol regarding the attendance of Fife Councillors at Community
Council meetings. The agreement shall be monitored and reviewed from time to
time in consultation with Community Councils.
14.2 Fife Council recognises its statutory duty to consult
on planning matters and has set up appropriate mechanisms to allow this to
happen in accordance with Schedule 2.
15.0 Heritable Property
15.1 A Community Council may with the consent of Fife
Council which consent shall not be unreasonably withheld acquire and hold
heritable property, the title to which shall be taken in the name of the Chair,
Vice-Chair(s), Treasurer and Secretary for the time being as trustees for such
Community Council and their respective successors in office.
16.1 In fulfilling its purpose or carrying out any function
a Community Council shall in doing so recognise that people may face
discrimination on the grounds of their sex or marital status, on racial
grounds, or on grounds of disability, age, sexual orientation, language or
social origin, or of other personal attributes, including beliefs or opinions,
such as religious beliefs or political beliefs and shall not in itself in
anything it does discriminate an any of these ways.
17.0 Dissolution of Community Councils
17.1 If a Community Council decides that it is advisable to
dissolve the Community Council it shall call a public meeting of which not less
than 21 days notice shall be given stating the terms of the resolution to be
proposed thereat. If such a decision is confirmed by two thirds majority of
those present the Community Council shall, after payment of all debts and
liabilities transfer the assets to Fife Council, to be held in trust for a
future Community Council if established, or to such other organisation as the
Fife Council may determine.
18.1 Having regard to changing circumstances and to any
representations made to it Fife Council shall from time to time review this
Scheme and any proposed amendment to the Scheme shall be subject to
consultation in accordance with Section 53 of the Local Government (Scotland)
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