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STANDING ORDERS FOR MEETINGS OF THE CAIRNGORMS

NATIONAL PARK AUTHORITY – Adopted 23/05/03

1. The Cairngorms National Park Authority (referred to as “the Board” in the rest of
this document) was established on 25 March 2002 by the Cairngorms National Park
Designation, Transitional and Consequential Provisions (Scotland) Order 2003,
which in turn was made under the National Parks (Scotland) Act 2000. Under
paragraph 19 of schedule 1 of that Act, the National Park authority may determine
its own procedure.

2. This paper sets out the procedures which apply to meetings of the Board and of its
committees. These standing orders are in addition to any requirements set out in
the Act and in the founding designation order, and any further Acts of Parliament or
guidance from Scottish Ministers.

NPA Membership

3. The NPA board comprises 25 members as prescribed in the Designation Order. The
25 is made up of 5 members directly elected in accordance with the Cairngorms
National Park Elections (Scotland) Order 2002; 10 members directly appointed by
Scottish Ministers and 10 appointed by Scottish Ministers on the nomination of the
relevant Local Authorities. All members are appointed or elected on an individual
basis, and not as representatives of organisations. Duration of appointments is as set
out in a Member’s letter of appointment, and in the case of elected Members is until
the next NPA election.

Convener and Deputy Convener

4. In accordance with schedule 1, paragraph 11, of the Act, the board elects the
Convener and Deputy Convener from among its number. At the second-last CNPA
meeting before the term of office of a current Convener expires, election of the
next convener shall take place. The process of election for convener shall be
conducted by the proper officer. The process of election will be as follows:

a) The chair will seek nominations from members of the NPA at the meeting.
Any member may propose another NPA member as convener, and a third
member must second the nomination for it to be valid.

b) Each candidate who has a valid nomination will be asked if they wish to make
a short statement to the meeting.

c) Members who are absent from the meeting may be put forward for election,
provided they have indicated to the convener their consent to being
nominated. A statement by such a candidate may be circulated at the
meeting.

d) Election will be by absolute majority, as follows:
• Members may only cast one vote in each round of voting;
• Only Members who are present may vote;
• Once the first set of votes has been cast, the candidate with the lowest
number of votes will be excluded;
• A fresh vote will be taken on the remaining candidates where again each
member can only cast one vote for the candidate of their choice; again
the candidate with the lowest number of votes will be excluded.
• This process will continue until one candidate emerges with an absolute
majority of the votes cast by those members present and voting.
• Where there is an equality of votes among those candidate who have
least votes, then a decision on who is to be excluded will be determined
by lot.
• If it is the case that there is only one candidate for either position, then
that person will be declared elected.
• Voting will be by secret ballot.

5. The duration of the office of Convener and Deputy Convener will be 3 years (unless
the member concerned ceases to be a Member of the NPA, or resigns from the
position of Convener/Deputy Convener before the end of the period).

6. For cases in which a Convener/Deputy Convener resigns or ceases to be a Member,
the above process will apply, as the first item of business, at the next board meeting
following the vacancy arising.

7. The above process in paragraphs 4-5 will also apply to the election of Deputy
Convener, which shall take place after the election of Convener if both posts are to
be decided at the same meeting.
Quorum

8. The quorum of the NPA board will be half of its total number plus one - in other
words, 13 Members. This will apply regardless of vacancies in membership. No
business will be transacted at a board meeting unless a quorum is present. If the
chair of the meeting finds during a board meeting that the number of members
present has reduced below the quorum, the meeting shall end at that point. All
attendance and absences shall be recorded in the minutes of the meeting. The
quorum for committees will be as agreed for each committee individually.

9. Participation will normally be in person, but may exceptionally (with agreement of
the chair of the meeting) be by telephone or video-conference provided the
Member’s contribution is fully accessible to all members and public attending the
meeting. In these cases, such members will be deemed to be present and constitute
part of the board for the purpose of the meeting.

10. People who are not members of the NPA board may be invited by the Convener to
attend and speak for all or part of the meeting, but they will not be entitled to vote.
Schedule of Meetings

11. The board shall approve in advance of each calendar year a provisional set of dates
and venues for its board meetings. The schedule will be published on the CNPA
website, and posted up in the reception area of the CNPA offices, and will be
notified to the four local authorities with part of their area within the Park.

12. The Convener may convene a special meeting of the board when it appears that an
item of business requires urgent attention. In the absence of the Convener, such a
meeting may be convened by the Deputy Convener. Any member may request that
such a meeting be called, but the final decision rests with the Convener (or Deputy
Convener in the absence of the convener) unless the request is made to the proper
officer by at least 13 members in which case the meeting must be called within 21
days of receipt of the request.

13. The Chief Executive is responsible for overall organisation, management and staffing
of the NPA. It is the responsibility of the Chief Executive to advise the board on
matters of financial propriety and regularity. The Chief Executive shall have the right
to attend and speak at all Board meetings and Committee meetings (albeit without
voting rights), except for parts of meetings when agreed by Board Members that the
matters under discussion should involve Members only, for example where
performance, remuneration or conduct of the Chief Executive is under discussion.
Public Attendance At Meetings

14. The National Parks Scotland Act (Schedule 2, paragraph 12) provides that access to
meetings and documents of the NPA board are covered by the provisions of Part
IIIA of the Local Government (Scotland) Act 1973. In broad terms this means that
meetings of the CNPA board are to be open to the public, unless there are good
reasons to the contrary (such as breach of an obligation of confidence, or a
confidential staffing matter). Annex 1 to these standing orders sets out more detail.

15. The Proper Officer for the CNPA is appointed by the board (as required under the
terms of the National Parks (Scotland) Act 2000) and is charged with ensuring the
application of the provisions outlined in paragraph 14 above about public access to
meetings. The Proper Officer advises on the issues that arise, such as exclusion of
papers from public inspection, for example, if it is decided this relates to an item
likely to be taken in private session.

16. The venues for board meetings will be decided by the Convener in discussion with
the Deputy Convener and Chief Executive, based on a policy of moving meetings
around the Park area, and ensuring good access by the public of all abilities.

Board Papers

17. Board papers will be prepared by CNPA officials, and considered and approved by
the Chief Executive prior to submission to the board. The CNPA’s policy will be to
circulate papers to Members 7 clear days in advance of a meeting. As required
through statutory provisions in the National Parks (Scotland) Act, copies of the
papers will be sent to the four local authorities with part of their area within the
Park. Papers will be available for public inspection at all the offices of the CNPA, and
at the local authority offices. Papers will also be sent to the sponsor division of the
Scottish Executive, and will be made available on the CNPA website. The CNPA will
strive to ensure the papers of the board and its committees are made as readily
available as possible to members of the public, but commensurate with the need to
make prudent use of resources. Methods of ensuring this will be kept under review,
but is likely to mean, for example, that staff will not be required to send out copies
of papers on request except in exceptional circumstance. Copies of papers will be
available at board meetings and committee meetings to members of the public who
attend. Copies of board papers will be available on the CNPA’s website as soon as
they have been circulated to Members.

Members’ Issues and Questions at Board Meetings

18. Each board meeting will take an item at the end of the agenda of Any Other
Competent Business under which a member may raise an issue if they consider the
matter is of significant interest and relevance to the Board as a whole. In keeping
with the rules on openness and transparency, this may only draw attention of
Members to an issue and may lead to its addition to a future agenda. Such
issues/questions must be notified to the Chair in advance of the meeting– it will not
always be practical for Members to do so in writing, but advance notice should be
given orally to the Chair before the start of the meeting, unless the matter is one
which has arisen during the course of the meeting. It is clearly in the interests of
efficient use of everyone’s time that Members use this item with discretion. On
questions of order, including whether an item is considered “competent” the Chair’s
ruling will be final.

Chairing Meetings

19. At a meeting of the NPA board, the Convener will preside. In his/her absence the
deputy convener will preside. If neither is able to be present, the Convener will
indicate which other member should preside. If no advice from the Convener is
available, Board Members present will choose by majority vote of those present, that
one of their number will preside.

20. Committees will be chaired by the person agreed by the whole NPA board as the
chair of that committee; and his/her absence, by the deputy chair who is also agreed
by the whole board.

21. The Chair of a Board meeting or Committee meeting will preserve order; determine
all matters of order, competency and relevancy; and will ensure members have
sufficient opportunity to express their views on any matter under consideration.
Board Decisions

22. Decisions of the board will generally be by consensus of attending members. A
member departing early will be treated as a non-attending member for the purpose
of any decision taken after the time of departure. A board member may have his/her
dissent recorded to a decision of the Board provided he/she has attended for the
whole of the discussion and decision, and asks to record his/her dissent immediately
after the decision is concluded.

23. Written comments on agenda items submitted by board members who are not
attending will be circulated to Board Members, and will be read into the record of
the meeting by the Chair.

24. Exceptionally, if a Board decision is required urgently and it is not possible to
convene a meeting, the matter will be dealt with through correspondence. The
decision to do this will be made by the Convener or Deputy Convener. In such
circumstances, views will be sent to the Convener (or Deputy Convener, as
appropriate). The decision will be ratified at the next board meeting.

25. At board meetings, where a decision is necessary it will be reached by simple
majority following a vote (with the Chair having the casting vote in cases of a tied
vote) on the following occasions:
- when the chair detects that there is a body of opinion among members who either
disagree with a proposal or have expressed reservations about it and no clear
consensus has emerged;
- when a member requests a vote to be taken and this is supported by another
member in attendance;
- any other circumstances where at the chairman’s discretion it is felt that a decision
should be preceded by a vote.

26. Only attending members will be able to vote, and generally this will be done by a
show of hands. At the Chair’s discretion, this can be conducted through a secret
ballot. In such circumstances the proper officer will issue and collect ballot papers,
count the vote, and announce the result to the board.

27. A decision made by the Board will not generally be reconsidered by the board within
6 months of that decision being carried, except in exceptional circumstances and
with the agreement of the board.

Declaration of Interests

28. The National Parks (Scotland) Act provides (paragraph 18, schedule 1)for the
declaration of interests by Members at Board meetings. In addition, the NPA holds a
register of Members’ interests, available for public inspection. The rules on
registration and declaration of interests are set out in the Members’ Code of
Conduct.

Personal Liability of Members

29. As set out in the Model Code of Conduct for Members, if an individual Board
Member incurs a civil liability in the course of carrying out his/her responsibilities for
the Board, that Member will not be required to personally pay that liability provided
he/she acted honestly and in good faith. This indemnity does not, however, protect a
Member who acts recklessly or in bad faith.

Corporate Responsibility and Confidentiality

30. Board Members share corporate responsibility for decisions taken by the Board as a
whole. Members must therefore either accept (and support) the collective decision
of the Board or resign. Members must respect the confidentiality of sensitive
information held by the organisation, as well as the discussions and papers taken in
private session.

Board Minutes

31. Minutes of all board and committee meetings will be taken by a member of staff
designated by the Chief Executive. Taken in conjunction with the papers presented
to the meeting, the minutes should provide a correct record of the meeting and the
decisions reached, and sufficient detail to indicate the issues discussed in reaching
those decisions.

32. Minutes should include the action points agreed at the meeting, and these carried
forward to following meetings until discharged.

33. Draft minutes will be approved by the Chief Executive and the Chair of the meeting,
marked clearly as “unapproved”, and circulated to Members, who can propose
amendments in writing or raise these at the next board meeting. The Chair, Deputy
Chair and Chief Executive will arbitrate over matters of dissent.

34. Minutes will be approved at the following meeting, and signed by the Chair as a
correct record (subject to any amendments agreed). Approved minutes will be put
on the CNPA website.
Committees

35. In accordance with Schedule 1 paragraph 17 of the Act, The Board may establish
Committees, and may appoint onto those Committees people who are not NPA
board members, but a majority of Committee members must be NPA board
members. The board may delegate functions and decisions to Committees, or to
officers of the CNPA. The board shall decide the remit, membership, chairmanship
and deputy chairmanship of committees. Committees shall report direct to the
board.

36. These standing orders shall apply to each Committee of the Board unless a
Committee adopts its own standing orders, in which case they must be endorsed by
the whole Board. The Planning Committee in particular will be expected to have its
own standing orders covering issues which arise only in the context of determining
planning applications (such as dealing with representations by applicants, management
of site visits, etc).

37. Agendas and minutes of all committee meetings will be sent to all members of the
Board.

Delegation of Functions

38. As set out in Schedule 1 of The Act, the Board may delegate authority (generally or
specifically) to Committees of the Board, to staff, or to any of its Members.
Suspension and Amendments of Standing Orders

39. These standing orders may be suspended, varied, revoked or added to only by the
NPA board, and any such alterations will require the consent of 13 members. Notice
of the intention to bring forward proposed amendments to standing orders must be
signified at the previous board meeting. Notwithstanding this provision, no standing
order may be suspended or amended if this would contravene any statutory
provision or direction made by Scottish Ministers.
Other Provisions which together with these standing orders, provide for the
conduct of NPA board meetings
National Parks (Scotland) Act 2000: Schedule 1, paragraph 18
- Declaration of Members’ interests
Local Government (Scotland) Act 1973, Part III (by virtue of Schedule 2, paragraph 12,
of the National Parks Scotland) Act)
- Access to Meetings and Documents
Members’ Code of Conduct
- Registration of Interests

Annex 1 To CNPA Standing Orders
Access to Meetings and Documents –Rules Governing the CNPA
Schedule 2 paragraph 12 of the National Parks (Scotland) Act 2000 applies Part IIIA of the
Local Government (Scotland) Act 1973 to a National Park Authority. Its provisions are
broadly as follows:

• Meetings of the CNPA to be open to the public, unless:

• Confidential information would thereby be disclosed in breach of an obligation of
confidence; this includes information furnished by the Government on terms
which forbid disclosure to the public, of information for which disclosure is
prohibited by law or a court order;
Or, the CNPA resolves to exclude the public from consideration of a particular item
when they consider it is likely that there would be disclosure of exempt information as
follows:

• Information relating to a particular employee or potential employee of the
CNPA, or particular office holder or potential office holder.
• Information relating to a particular individual who is an occupier of
accommodation provided by the CNPA; a recipient of or applicant for financial
assistance from the CNPA; a recipient of or applicant for any service provided by
the CNPA.

• Information relating to the financial or business affairs of any particular person;

• The amount of any expenditure proposed to be incurred by the CNPA, or terms
proposed under any particular contract for property, goods or services.

• The identity of any person offering any particular tender for a contract with the
CNPA.

• Information relating to any consultation or negotiations in connection with
labour relations matters arising between the CNPA or Minister and employees
or office holders of the CNPA.

• Any instructions to Counsel and any opinion of Counsel in connection with legal
proceedings by or against the CNPA, or the determination of any matter by the
CNPA.

• Information which, if disclosed to the public, would reveal that the CNPA
proposes to make an order or direction under an enactment.
Where a resolution is passed to exclude the public on these grounds, the resolution
must identify the proceedings affected, and state the reasons. The meeting is then
not required to be open to the public.

• For a meeting of the CNPA, public notice of the time and place of the meetings shall be
posted at the offices of the CNPA at least 3 clear days before the meeting (unless the
meeting is convened at shorter notice).

• Where a meeting is open to the public, duly accredited members of the press shall be
given reasonable facilities (as far as is practicable) for taking their report of the meeting
(but not necessarily photographs).

• Copies of the agenda and reports for the meeting shall be open to inspection by
members of the public at the CNPA offices at least 3 days in advance of the meeting
(except where the meeting is convened at shorter notice). It is for the proper officer to
exclude from this such reports as are not likely to be open to the public. Copies of
reports and agenda shall be available to the public at the meeting.

• An item of business may not be considered at a meeting unless the report (assuming it is
open to the public) has been available for public inspection as set out above, or If there
are special circumstances (to be specified in the minutes) which lead the Chair to the
view that the item must be considered as a matter of urgency.

• Every report which is not open to the public shall be marked “Not for Publication”.

• Newspapers may request, provided they pay postage or necessary transmission fee, a
copy of a meeting agenda and reports.

• Various meeting documents shall be available for public inspection up to 6 years after a
meeting – the minutes, agenda, and relevant reports.

• Where various parts of a meeting are closed to the public, to prevent disclosure of
exempt information, and the minutes do not provide the public with a reasonably fair
and coherent record of the proceedings, the proper office shall make a written summary
to provide such a record without disclosing the exempt information.

• The rules above apply to Committees of the CNPA.

• The CNPA shall keep a register of the names and addresses of members of each of its
current committees, open to the public.