Scheme for the establishment of Community Councils

After completion of a review in 2022, the following Scheme for the Establishment of Community Councils was approved by Angus Council on 30 June 2022 and came into effect on 1 August 2022. This scheme provides the framework for the operation of community councils in Angus.

Contents


Community Council elections

Eligibility

i. Only individuals aged 16 and over and resident in the community council area and named in the Electoral Register for that area may stand for election to a community council or vote in a community council election.
 
ii. Any community councillor who no longer resides within the area they represent will have their membership terminated from the community council on the date they cease to be resident in the area. 

iii. Any individual who is elected to serve on Angus Council, or a person appointed to a committee of Angus Council in terms of Section 57 of the Local Government (Scotland) Act 1973 or a person who is elected to serve on the Scottish or UK parliaments shall be ineligible to stand for election or co-option to a community council. Such persons upon taking office, become ex-officio members of the community councils contained in whole or in part of their electoral ward or constituency. 

iv. Any individual who holds a politically restricted post in terms of the Local Government and Housing Act 1989, as amended by the Local Governance (Scotland) Act 2004, and by the Local Government Officers (Political Restrictions) Regulations 1990 shall be ineligible to stand for election or co-option to a community council.

v. The term of office of any individual elected to serve on a community council will expire at midnight on the first Monday in October every fourth year commencing in 2022.

Elections

i. The first elections to be held under this scheme shall be held during October 2022 on a date to be fixed by the returning officer. 

ii. Subsequent elections will be held on a four yearly cycle thereafter, on dates to be determined by the returning officer.

iii. Members elected shall hold office for a period of four years up to midnight on the first Monday in October in the prescribed election year.

iv. Members appointed outwith the scheduled election period shall hold office from the date of their election until midnight on the first Monday in October in the prescribed election year.

v. Angus Council will administer all elections. 

vi. All community councillors shall stand down at each full election but shall be eligible for re-election. 

vii. Community Council elections shall be held by the returning officer in accordance with the scheme of electoral arrangements published prior to scheduled elections. The returning officer may amend the scheme of electoral arrangements at any time to ensure that the integrity and transparency of the electoral process is maintained. 

Returning officer

The Director - Legal and Democratic Services has been appointed as returning officer for all community council elections as per the council’s standing orders. 

The decision of the returning officer on all electoral matters of shall be final.

Nominations

i. Individuals seeking election to a community council must be nominated by a proposer and seconder, both of whom must be on the Electoral Register for that community council area. 

ii. Candidates eligible to stand for election in terms of paragraph 6.1 of this scheme must complete a nomination form prescribed by the returning officer. 

iii. Nomination forms must be submitted to the returning officer by the date and time set out in the Notice of Election. Nomination forms submitted after that date and time will not be accepted, subject to the provisions set out in Section 7.5(iii) below. 

Electoral process

At the close of nominations: 

i. If the number of candidates validly nominated equals or exceeds HALF but is less than or equal to the total maximum permitted membership as specified for the community council area, the said candidates will be declared elected from that date and no ballot shall be held.
 
ii. If the number of validly nominated candidates exceed the total maximum membership as specified for the community council area, arrangements for a poll shall be implemented. Each registered elector in the area shall be entitled to vote for candidates up to the number of vacancies on the community council but cast no more than one vote for each candidate.

iii. If the number of candidates validly nominated, is below HALF of the maximum permitted membership, as specified for the community council area, the returning officer may, at their discretion, issue calls for further nominations where it is deemed possible that a community council may be established if such action is taken. 

iv. If after a subsequent call for nominations, the number of candidates’ remains below HALF of the total maximum permitted membership, as specified for the community council area, no community council will be established at that time. 

v. However, this does not prevent a request from 20 registered electors in the community council area submitting a request to the returning officer to make arrangements for the establishment of a community council under the terms of Section 52 (7) of the Local Government (Scotland) Act 1973. 

Method of election

i. Community councillors shall be elected on a simple majority basis.
 
ii. The returning officer shall determine the method of voting which may be in person, by post or by electronic means. 

iii. Community council elections shall be held in accordance with the Scheme of Electoral arrangements published by the returning officer prior to scheduled elections. The returning officer reserves the right to amend this scheme at any time to maintain the integrity and transparent of the electoral process. 

Filling of casual vacancies between elections

i. Casual vacancies on a community council may arise in the following circumstances: 

  • when a community councillor submits their resignation
  • when a community councillor ceases to be resident within the community council area
  • the death of a community councillor
  • when a member is disqualified from holding office (Section 9 refers)

ii. The community council must inform the council’s liaison officer of any vacancy which arises between scheduled elections, as soon as is practicable.

iii. If vacancies arise on a community council between elections, it shall be at the discretion of the community council whether to fill the vacancy. Vacancies shall be filled using the co-option process (Section 7.8 below) or by an interim election subject to the provisions of 7.7(iv).  

iv. If circumstances arise that lead to the number of community councillors falling below HALF of the maximum permitted membership in an area, the council shall be informed, and the returning officer shall make arrangements for an interim election to be held unless it is within six months of the scheduled four yearly elections. There will be no interim elections held during this period, but the community council may continue to operate with the agreement of the council. 

(g) Co-option to a community council

i. Notice of any proposed co-option of a community councillor shall be intimated to all community council members at least 14 days prior to the meeting when the matter will be decided.

ii. Co-opted members must be eligible for membership of the community council in terms of Section 7.1 of this scheme.

iii. Members must be co-opted on to a community council by a majority of no less than two thirds of the elected (general and interim) community councillors present and voting.      

iv. Co-opted members shall have full voting rights and will serve until the next round of elections (general and interim). 

v. Community councils may co-opt to their maximum permitted membership as defined in Appendix 2.

Additional membership

Associate members

i. Associate members maybe appointed by a community council where there may be a need for individuals with particular skills or knowledge.
 
ii. Associate members may serve for a fixed period as determined by the community council or for the term of office the community council which has appointed them. 

iii. Associate members may include officials from the council to advise on issues such as planning or licensing; local voluntary organisations; youth groups; community groups etc.

iv. Associate members have no voting rights.

v. Associate members will not be counted in terms of meeting a quorum or towards the total membership of the community council.

vi. Associate members need not reside within the area of the community council. 

Ex-Officio Members

i. Local authority councillors, MPs, or MSP’s whose ward or constituency falls wholly or partly within the geographical area of the community council area shall be deemed ex-officio members of the community council.

ii. Ex-officio members have no voting rights.

iii. Ex-officio members will not be counted in terms of meeting a quorum or towards the total membership of the community council.

Next: Equalities