THE CAIRNGORMS NATIONAL PARK Agenda 2 AUTHORITY Item 15th APRIL 2003 ADOPTION OF STANDING ORDERS SUMMARY: Until such time as the Authority determines its own procedures arrangements for, and proceedings at, meetings of the Authority are governed by the provisions contained in Schedule 7 of the Local Government (Scotland) Act 1973, as amended in respect of the Authority by the provisions contained in the Cairngorms National Park Designation, Transitional and Consequential Provisions (Scotland) Order 2003. The legislative provisions contained in Part IIIA of the Local Government (Scotland) Act 1973 also apply to meetings of the Authority and this is the subject of a separate Report on the Agenda. There are, however, other discretionary matters on which the Authority may wish to take a view for incorporation into its own Standing Orders so as to regulate its proceedings better. This Report invites the Authority to determine whether or not to make arrangements for the adoption of its own Standing Orders. 1. Background 1.1 Paragraph 19(1) of Schedule 1 to the National Parks (Scotland) Act 2000 allows the Authority to determine its own 1.2 proceedings. Until such time as the Authority determines these and adopts its own standing orders, arrangements for, and proceedings at, meetings of the Authority are governed 1.3 by the provisions contained in Schedule 7 of the Local Government (Scotland) Act 1973, subject to the amendments 1.4 contained in the Cairngorms National Park Designation, Transitional and Consequential Provisions (Scotland) Order 2003. The provisions of Schedule 7 are set out in Appendix 1. The legislative provisions contained Part 111A of the Local Government (Scotland) Act 1973 also apply to meetings of the Authority and this is the subject of a separate report relating to the appointment of a Proper Officer. The provisions of Schedule 7 are mandatory until the determination by the Authority of its own procedures. There are a number of discretionary matters on which the Authority can take a view which would assist in the regulation of its proceedings such as calling special meetings; adjournment; powers of the Convener and Deputy Convener; provision for debate; questions; petitions and deputations; motions and amendments, voting procedures and so on. These along with the provisions of Schedule 7 and all other, associated provisions contained in the National Parks (Scotland) Act 2000 and the Cairngorms National Park Designation, Transitional and Consequential Provisions (Scotland) Order 2003couldbeincorporatedintostandingordersforadoption 2003 could be incorporated into standing orders for adoption by the Authority. It is normal practice that an authority gives notice of its intention to adopt Standing Orders at one meeting, for adoption at its next meeting. 1.5 If it is the Authority’s view that it should adopt its own standing orders to regulate its proceedings better, then it is proposed that it be remitted to the interim Chief Executive to prepare draft standing orders for consideration at its next meeting. Notice could then be given at that meeting that these draft standing orders, with or without amendment, will be adopted at the following meeting of the Authority. RECOMMENDATION: The Authority is invited to:- 1. 2. 3. 1. to note that the provisions of Schedule 7 of the Local Government (Scotland) Act 1973, as amended will apply to meetings of the Authority; 2. determine whether or not to make provision for the adoption of its own Standing Orders and, if so, 3. agree that it be remitted to the interim Chief Executive to prepare draft Standing Orders for consideration at the next meeting of the Authority on the basis that notice will then be given for adoption of these draft Standing Orders, with or without amendment, at the following again meeting of the Authority. Signature: Designation: Chief Executive, Highland Council Date: 2nd April 2003 APPENDIX 1 MEETINGS AND PROCEEDINGS OF THE CAIRNGORMS NATIONAL PARK AUTHORITY LOCAL GOVERNMENT (SCOTLAND) ACT 1973 SCHEDULE 7 1. (1) The Authority shall hold in every year such meetings as they think necessary. 2. 3. Meetings shall be held at such hours and on such days as the Authority at their first meeting decide or by standing order determine. 4. 5. Meetings shall be held at such place, either within or without their area, as the Authority may direct. 6. 7. A special meeting may be called at any time by the Convener of the Authority or on the requisition of at least one-fourth of the whole number of members of the Authority, which meeting shall be held within 14 days of receipt of the requisition by the proper officer of the Authority. 2. (1) Three clear days at least before a meeting of the Authority a. a. b. notice of the time and place of the intended meeting shall be published at the offices of Highland Council, Moray Council, Aberdeenshire Council and Angus Council, and where the meeting is called by members of the Authority, the notice shall be signed by those members and shall specify the business proposed to be transacted thereat; and c. d. a summons to attend the meeting, specifying the business to be transacted, thereat and signed by the proper officer of the Authority, shall, subject to sub-paragraph (2) below, be left at or sent by post to the usual place of residence of every member of the Authority. 2. 3. If a member of the Authority gives notice in writing to the proper officer of the Authority that they desire summonses to attend meetings of the Authority to be sent to him at some address specified in the notice other than his place of residence, any summons addressed to him and left at or sent by post to that address shall be deemed sufficient service of the summons. 4. 5. Want of service of a summons on any member of the Authority shall not affect the validity of a meeting of the Authority. 6. 7. Except in the case of business required by or under this or any other Act to be transacted at a meeting of the Authority, no business shall be transacted at a meeting of the Authority other