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ANGUS COUNCIL

MINUTE of MEETING of ANGUS COUNCIL held in the Town and County Hall, on Thursday 8 May 2003 at 4.00 pm.

Present: Councillors IAN ANGUS, FRANK ELLIS, IAIN GAUL, JACK GIBB, JOHN HENDERSON, ALEX KING, The Hon R J LESLIE MELVILLE, DAVID LUMGAIR, STEWART McGLYNN, IAN MACKINTOSH, BILL MIDDLETON, GLENNIS MIDDLETON, JOY MOWATT, PETER MURPHY, ROB MURRAY, ROBERT MYLES, PETER NIELD, GEORGE NORRIE MBE, HELEN OSWALD, KITTY RITCHIE, BILL ROBERTON, MARK SALMOND, RON SCRIMGEOUR, DAVID SELFRIDGE, JENNIFER SPEIRS, RICHARD SPEIRS, ROBERT SPINK, SHEENA WELSH and TERRY WOOD.

1. INTERIM CHAIRMAN OF MEETING

In terms of Section 4(4) of the Local Government etc () Act 1994, Mr A B Watson, Chief Executive, in his capacity as Returning Officer, took the chair and welcomed all members to the first meeting of Angus Council following the ordinary election of Councillors on Thursday 1 May 2003.

2. NOTIFICATION OF MEMBERS ELECTED

There was submitted and noted a return of the undernoted persons elected as Councillors for the 29 wards within the Angus local government area following the ordinary election of Councillors on 1 May 2003:

Ward Name/Address Party

1 West Ian Mackintosh, Kirkton of Kingoldrum, Kirriemuir DD8 Scottish 5HW Conservative & Unionist Party

2 Kirriemuir East John Henderson, No.1 Linross Cottage, Linross, (SNP) DD8 1QN

3 West Ruth J Leslie Melville, Little Deuchar, Forfar DD8 3RA Independent

4 Brechin North Bob Myles, Dalbog, DD9 7UU Independent Esk 5 Westfield and Iain A Gaul, 46 Prior Road, Forfar DD8 3DT (SNP) Dean 6 Forfar West Glennis H Middleton, 51 Lilybank Crescent, Forfar DD8 (SNP) 2HZ

7 Forfar Central Ron J Scrimgeour, 39 Gowan Rigg, Forfar DD8 2EE (SNP)

8 Forfar East William Middleton, 51 Lilybank Crescent, Forfar DD8 2HZ (SNP)

9 Brechin South Joy M Mowatt, 35 Gellatly Place, Brechin DD9 6BS (SNP) Esk 10 Montrose Mark S Salmond, 3 Gardyne Street, Montrose DD10 9BJ Independent 11 Montrose Terry Wood, 1 St Mary’s Road, Montrose DD10 8EU Independent Central 12 Montrose West George Norrie, 26 Mall Park, Road, Montrose DD10 8NS Independent

13 Montrose Kathleen M Ritchie, Braebost, Kinnaber Road, Hillside (SNP) Hillside DD10 9EP

14 Forfar South William R Roberton, 1 Drimmie Place, Letham DD8 2DW (SNP)

15 Letham and David Lumgair, East Idvies, Letham DD8 2QN Scottish Conservative & Unionist Party

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16 Sidlaw West Frank Ellis, 1 Quarry Cottages, Lovehall Road, (SNP) DD5 3QF

17 Sidlaw East & Helen Oswald, 17 Ireland Street, DD9 6AS (SNP) Ashludie 18 West Stewart McGlynn, 75 Brook Street, Monifieth DD5 4AJ (SNP)

19 Monifieth Rob Murray, 8 Beechgrove, Monifieth DD5 4TE (SNP) Central 20 Carnoustie West Jack Gibb, 70 Broomwell Gardens, DD5 3QP (SNP)

21 Carnoustie Peter A Murphy, 44 Burnside Street, Carnoustie DD7 7HL (Labour) Central 22 Carnoustie East David Selfridge, 35 Taymouth Street, Carnoustie DD7 7JJ (SNP)

23 and Peter Nield, 44 Keptie Road, DD11 3EH (Scottish Liberal Hospitalfield Democrats)

24 Keptie Richard B Speirs, No.1 Cottage, Fraserfield, Woodville, (Scottish Liberal Arbroath DD11 2QW Democrats)

25 Arbroath North Jennifer C Speirs, No.1 Cottage, Fraserfield, Woodville, (Scottish Liberal Arbroath DD11 2QW Democrats)

26 Brothock Ian J Angus, 9 Steading Place, Hospitalfield, Arbroath (SNP) DD11 2NL 27 Hayshead and Robert R Spink, The Grange, , Arbroath DD11 Independent Lunan 4UU 28 Harbour Alexander King, 12 Dalhousie Place, Arbroath DD11 2BT (SNP)

29 Cliffburn Sheena M Welsh, Montquhir, Carmyllie, Arbroath DD11 (SNP) 2QS

3. ELECTION OF PROVOST

Councillor Nield, seconded by Councillor Myles, moved that the vote for the election of Provost be taken by ballot.

COUNCILLOR MURRAY, SECONDED BY COUNCILLOR ROBERTON, MOVED AS AN AMENDMENT, THAT THE VOTE BE TAKEN BY ROLL CALL.

On a vote being taken, the members voted:-

For the motion:

Councillors Leslie Melville, Lumgair, Mackintosh, Murphy, Myles, Nield, Norrie, Salmond, Jennifer Speirs, Richard Speirs and Wood (11)

For the amendment:

Councillors Angus, Ellis, Gaul, Gibb, Henderson, King, McGlynn, Bill Middleton, Glennis Middleton, Mowatt, Murray, Oswald, Ritchie, Roberton, Scrimgeour, Selfridge and Welsh (17).

(Councillor Spink was not present when the vote was taken.)

The amendment was thereupon declared carried and the Council resolved accordingly.

COUNCILLOR MURRAY, SECONDED BY COUNCILLOR ROBERTON, MOVED THAT COUNCILLOR BILL MIDDLETON BE ELECTED THE CONVENER OF THE COUNCIL, TO BE KNOWN AS THE PROVOST, IN TERMS OF SECTION 4(1) OF THE LOCAL GOVERNMENT ETC (SCOTLAND) ACT 1994.

Councillor Leslie Melville, seconded by Councillor Lumgair, moved as an amendment, that Councillor Norrie be elected.

On a vote being taken, the members voted:-

For Councillor Bill Middleton: 313

Councillors Angus, Ellis, Gaul, Gibb, Henderson, King, McGlynn, Mackintosh, Bill Middleton, Glennis Middleton, Mowatt, Murray, Myles, Oswald, Ritchie, Roberton, Scrimgeour, Selfridge and Welsh (19)

For Councillor Norrie:

Councillors Leslie Melville, Lumgair, Murphy, Nield, Norrie, Salmond, Jennifer Speirs, Richard Speirs, Spink and Wood (10).

The motion was thereupon declared carried and accordingly Councillor Bill Middleton was duly elected as Provost, and took the Chair.

4. ELECTION OF DEPUTY PROVOST

COUNCILLOR MURRAY, SECONDED BY COUNCILLOR ROBERTON, MOVED THAT COUNCILLOR McGLYNN BE ELECTED AS DEPUTE CONVENER OF THE COUNCIL, TO BE KNOWN AS THE DEPUTY PROVOST, IN TERMS OF SECTION 4(2) OF THE LOCAL GOVERNMENT ETC (SCOTLAND) ACT 1994.

Councillor Myles, seconded by Councillor Mackintosh, moved as an amendment, that Councillor Norrie be elected.

On a vote being taken, the members voted:-

For Councillor McGlynn:

Provost Bill Middleton, Councillors Angus, Ellis, Gaul, Gibb, Henderson, King, McGlynn, Glennis Middleton, Mowatt, Murray, Oswald, Ritchie, Roberton, Scrimgeour, Selfridge and Welsh (17)

For Councillor Norrie:

Councillors Leslie Melville, Lumgair, Mackintosh, Murphy, Myles, Nield, Norrie, Salmond, Jennifer Speirs, Richard Speirs, Spink and Wood (12).

The motion was thereupon declared carried and accordingly Councillor McGlynn was duly elected as Depute Provost.

5. THE ETHICAL STANDARDS IN PUBLIC LIFE ETC (SCOTLAND) ACT 2000 THE COUNCILLORS’ CODE OF CONDUCT

With reference to Article 9 of the minute of meeting of the Policy and Resources Committee of 22 April 2003, there was submitted Report No 541/03 by the Director of Law and Administration advising members of their responsibilities as Councillors under the Councillors’ Code of Conduct. The Report indicated that the Code had come into effect on 1 May 2003 and, as Councillors, it was members’ own responsibility to make sure that they were familiar with, and that their actions complied with, its provisions.

The Director of Law and Administration particularly referred to Section 4 of the Code which dealt with the interests which members must register by 1 June or within 30 days of signing the Declaration of Acceptance of Office. Their attention was also drawn to Section 5.19 of the Code, regarding frequent declarations of interest. Members were asked to consider whether or not it would be appropriate for them to be a member of a particular committee if they would have to declare an interest on a regular basis.

The Council resolved:-

(i) to note the new legislative framework on the behaviour and conduct required of Councillors which was aimed at promoting the highest standards in public life; and

(ii) to note the specific requirements in relation to registration and declarations of interest. 314

6. APPOINTMENT OF STANDING COMMITTEES

(a) Structures and Composition

COUNCILLOR MURRAY, SECONDED BY COUNCILLOR ROBERTON, MOVED THAT THIS COUNCIL RESOLVES:

(i) THAT THE FOLLOWING STANDING COMMITTEES BE APPOINTED (IN PLACE OF THE COMMITTEES LISTED IN STANDING ORDER 30):

FORMER COMMITTEES NEW STANDING REPORTING COMMITTEES DEPARTMENTS

POLICY AND STRATEGIC POLICY CHIEF EXECUTIVE RESOURCES

FINANCE AND RESOURCES & FINANCE INFORMATION CENTRAL SERVICES INFORMATION TECHNOLOGY; TECHNOLOGY PERSONNEL AND CHIEF EXECUTIVE PROPERTY SERVICES (PERSONNEL SERVICES) PROPERTY SERVICES LAW AND ADMINISTRATION

ECONOMIC INFRASTRUCTURE CHIEF EXECUTIVE DEVELOPMENT; SERVICES (ECONOMIC PLANNING AND DEVELOPMENT UNIT) TRANSPORT POLICY; PLANNING AND ROADS TRANSPORT ROADS

CONTRACT SERVICES; ENVIRONMENTAL & CONTRACT SERVICES ENVIRONMENTAL & LEISURE SERVICES ENVIRONMENTAL & CONSUMER CONSUMER PROTECTION; PROTECTION RECREATION AND LEISURE SERVICES CULTURAL SERVICES

EDUCATION EDUCATION EDUCATION

SOCIAL WORK SOCIAL WORK AND SOCIAL WORK HEALTH

HOUSING HOUSING HOUSING

DEVELOPMENT DEVELOPMENT PLANNING AND CONTROL CONTROL TRANSPORT

CIVIC LICENSING CIVIC LICENSING LAW AND ADMINISTRATION

(ii) THAT THE MEMBERSHIP OF EACH COMMITTEE SHALL COMPRISE 15 COUNCILLORS EXCEPT DEVELOPMENT CONTROL AND CIVIC LICENSING WHICH SHALL COMPRISE 11 COUNCILLORS;

(iii) THAT THE COMPOSITION OF THE STRATEGIC POLICY, RESOURCES AND CENTRAL SERVICES, INFRASTRUCTURE SERVICES, ENVIRONMENTAL AND LEISURE SERVICES, EDUCATION, SOCIAL WORK AND HEALTH AND HOUSING COMMITTEES THEREFORE, IN TERMS OF PARTY BALANCE, BE: 315

9 SNP COUNCILLORS 3 INDEPENDENT COUNCILLORS 1 OR 2 LIBERAL DEMOCRAT COUNCILLORS 1 CONSERVATIVE COUNCILLOR 1 LABOUR COUNCILLOR (ON THE COMMITTEES WHICH ONLY HAVE 1 LIBERAL DEMOCRAT COUNCILLOR)

(iv) THAT THE COMPOSITION OF THE DEVELOPMENT CONTROL AND CIVIC LICENSING COMMITTEES, IN TERMS OF PARTY BALANCE, BE:

DEVELOPMENT CONTROL CIVIC LICENSING 7 SNP COUNCILLORS 6 SNP COUNCILLORS 4 OTHER COUNCILLORS 5 OTHER COUNCILLORS

(v) THAT THE NON COUNCILLOR MEMBERSHIP OF THE EDUCATION COMMITTEE BE AS FOLLOWS:-

3 RELIGIOUS MEMBERS (TO BE ADVISED BY THE DIRECTOR OF LAW AND ADMINISTRATION) 2 TEACHER MEMBERS (TO BE NOMINATED BY THE TEACHERS’ PANEL OF THE AJNCT)

(vi) THAT THE FOLLOWING COUNCILLORS BE APPOINTED CONVENERS AND VICE CONVENERS OF EACH COMMITTEE:-

COMMITTEE CONVENER VICE-CONVENER

STRATEGIC POLICY ROB MURRAY BILL ROBERTON RESOURCES AND ALEX KING RON SCRIMGEOUR CENTRAL SERVICES INFRASTRUCTURE DAVID SELFRIDGE KITTY RITCHIE SERVICES ENVIRONMENTAL AND JOY MOWATT IAIN GAUL LEISURE SERVICES EDUCATION JACK GIBB SHEENA WELSH SOCIAL WORK AND GLENNIS MIDDLETON BILL ROBERTON HEALTH HOUSING FRANK ELLIS IAN ANGUS DEVELOPMENT CONTROL STEWART MCGLYNN FRANK ELLIS CIVIC LICENSING HELEN OSWALD JOHN HENDERSON

(vii) THAT THE DIRECTOR OF LAW AND ADMINISTRATION BE AUTHORISED TO PREPARE THE NECESSARY AMENDMENTS TO STANDING ORDERS AND THE ORDER OF REFERENCE TO COMMITTEES AND REPORT BACK TO THE NEXT MEETING; AND

(viii) THAT THE CHIEF EXECUTIVE AND THE DIRECTOR OF FINANCE, IN CONSULTATION WITH THE LEADER OF THE COUNCIL, BE AUTHORISED TO PREPARE PROPOSALS FOR AN AMENDED SCHEME OF SPECIAL RESPONSIBILITY ALLOWANCES AND REPORT TO AN EARLY MEETING OF THE RESOURCES AND CENTRAL SERVICES COMMITTEE, WHICH SHALL ACT WITH DELEGATED POWERS IN THIS REGARD.”

Following a request from non SNP members, the Council resolved to adjourn for ten minutes, to allow all members sufficient time to consider the motion.

Having re-convened, Councillor Speirs, seconded by Councillor Nield, moved as an amendment, that the Council defer consideration of the proposed revised Committee structures to a special meeting of the Council.

On a vote being taken, members voted:-

For the motion: 316

Provost Bill Middleton, Depute Provost McGlynn, Councillors Angus, Ellis, Gaul, Gibb, Henderson, King, Glennis Middleton, Mowatt, Murray, Oswald, Ritchie, Roberton, Scrimgeour, Selfridge and Welsh (17)

For the amendment:

Councillors Leslie Melville, Lumgair, Mackintosh, Murphy, Myles, Nield, Norrie, Salmond, Jennifer Speirs, Richard Speirs, Spink and Wood (12).

The motion was thereupon declared carried.

Councillor Nield, seconded by Councillor Jennifer Speirs, moved as a further amendment, that the composition of one of the service committees, in terms of party balance, be 8 SNP and 7 non-SNP (as opposed to 9 SNP and 6 non-SNP) members.

On a vote being taken, members voted:-

For the motion:

Provost Bill Middleton, Depute Provost McGlynn, Councillors Angus, Ellis, Gaul, Gibb, Henderson, King, Glennis Middleton, Mowatt, Murray, Oswald, Ritchie, Roberton, Scrimgeour, Selfridge and Welsh (17)

For the amendment:

Councillors Leslie Melville, Lumgair, Mackintosh, Murphy, Myles, Nield, Norrie, Salmond, Jennifer Speirs, Richard Speirs, Spink and Wood (12).

The motion was thereupon declared carried and the Council resolved accordingly.

The Council further resolved that the Director of Law and Administration bring forward a Report on the feasibility of members appointing substitutes to attend Committee meetings.

(b) Appointment of Members

The Council resolved to remit to the Leaders of each political group to advise the Director of Law and Administration of the names of the members appointed to each Standing Committee in terms of 6(a) above.

(NOTE: The membership of each Standing Committee is shown in the APPENDIX to this minute)

(c) Education Committee

The Council resolved:-

(i) in terms of Section 124 of the Local Government (Scotland) Act 1973, to appoint to the Education Committee the following 3 persons representing religious interests:-

Reverend Alan Webster (nominated by the Church of Scotland);

the nominee of the Roman Catholic Church, when notified; and

Mrs Edna Boffey (nominated by the Scottish Episcopal Church) as the third person appointed in terms of the scheme adopted by the Council on 16 August 1995; and

(ii) to appoint 2 persons nominated by the Teachers’ Panel of the Angus Joint Negotiating Committee for Teachers, who were employed as teachers in educational establishments under the management of the Council. 317

7. APPOINTMENTS TO OTHER BODIES, ETC

(a) Representation on Joint Boards, Joint Committees, Partnerships and Other Bodies

There was submitted Report No 537/03 by the Director of Law and Administration advising the Council of the appointments which fell to be made to various Joint Boards, Joint Committees, Partnerships and other bodies.

The Council resolved:-

(i) that the following appointments be made:-

Body/Organisation Representative Appointed Tay Road Bridge Joint Board Rob Murray (substitute - Bill Roberton)

Tayside Fire Board Stewart McGlynn Jack Gibb Helen Oswald George Norrie Jennifer Speirs

Tayside Joint Police Board Ron Scrimgeour Jack Gibb Stewart McGlynn Iain Mackintosh Bob Myles

Tayside Valuation Joint Board Helen Oswald Ron Scrimgeour Stewart McGlynn George Norrie

Tayside Contracts Joint Ron Scrimgeour Committee Stewart McGlynn Helen Oswald Iain Mackintosh Bob Myles

The City of Brechin Partnership Joy Mowatt

Angus Healthy, Caring and Safe Glennis Middleton Communities Partnership (substitute - Helen Oswald) Bill Roberton (substitute - Rob Murray) Provost Bill Middleton (substitute - Ian Gaul) Ruth Leslie Melville (substitute - Peter Murphy) Jennifer Speirs (substitute - Richard Speirs)

NHS Tayside Board Glennis Middleton

Angus Community Care Glennis Middleton Charitable Trust Limited Frank Ellis Ruth Leslie Melville

COSLA Convention Rob Murray Bill Roberton Alex King George Norrie 318

Body/Organisation Representative Appointed Angus Digital Media Centre Joy Mowatt Limited Jack Gibb

Dalhousie Day Care Centre Joy Mowatt

Montrose Fire Training Centre Kitty Ritchie

Tayside Joint Project Board Provost Bill Middleton Bill Roberton John Henderson Glennis Middleton Mark Salmond

(ii) that consideration of appointments to the remaining bodies be deferred to the next Council meeting to enable a review to be undertaken; and

(iii) that it be delegated to the Leader, Depute Leader and one other member to make interim appointments to any of the remaining bodies, should the necessity arise.

(b) Charitable Trusts

There was submitted Report No 539/03 by the Director of Law and Administration informing members of the existence of various Charitable Trusts in Angus and seeking the appointment of Trustees to administer their funds.

The Appendix to the Report listed the Trusts by each burgh, with those covering landward areas shown separately.

The Council resolved:-

(i) to appoint as Trustees for the Trusts in Arbroath, Brechin, Carnoustie, Forfar, Kirriemuir and Montrose all the Councillors representing any part of the respective former burgh areas and, where appropriate, any ex officio Trustees, all as shown in the Appendix to the Report; and

(ii) to appoint as Trustees for the Trusts affecting landward communities, the local member, together with the Provost and Depute Provost ex officio, again as shown in the Appendix to the Report.

(c) Angus Licensing Board

There was submitted Report No 538/03 by the Director of Law and Administration relating to the Council’s obligation in terms of the Licensing (Scotland) Act 1976 to appoint, at its first meeting after the ordinary election of Councillors, members to the Licensing Board. The Board required to consist of not less than one quarter of the total number of members of the Council (subject to an overriding minimum of five) and the Report sets out options in Appendix 1 and 2 to appoint either 13 or 15 members to the Licensing Board. In addition, there was circulated a paper which gave further details on the options as detailed in Appendix 1 and 2 to the Report and also a further option based on a Licensing Board membership of 11. (Appendix 3)

The Council resolved:-

(i) to appoint a Licensing Board of 11 members, based on the model detailed in Appendix 3 and on the basis of a political balance of 6 SNP and 5 non-SNP;

(ii) to adopt the representational groupings contained in Appendix 3 to the Report; and

(iii) to remit to the Leader of the Council and the opposition members to advise the Director of Law and Administration of the names of the members to represent the Wards on the Board, on the basis contained in Appendix 3 to the Report. 319

(d) Appointment of Ex Officio Justices of the Peace

There was submitted Report No 540/03 by the Director of Law and Administration relating to the appointment of ex officio Justices of the Peace by Angus Council.

The Report indicated that, in terms of Section 11(12) of the District Court (Scotland) Act 1975, a Council could nominate up to one quarter of its members to serve as ex officio Justices for the Commission area within which the Council lay.

The Council resolved to remit to the Leader of the Council and the opposition members to advise the Director of Law and Administration of their nominations on the basis that Angus Council was eligible to nominate up to seven members as ex officio Justices of the Peace to the Commission of Angus.

8. TIMETABLE OF MEETINGS 2003/2004

The Council resolved to adopt the revised timetable of meetings for the period May 2003 to March 2004, as circulated.

P4(9) - 9.06.03 g:\wp\cttee\51\ac503.rtf 320 APPENDIX

COMMITTEE COMPOSITION AS AT 8 MAY 2003

Civic Licensing Development Education Environmental & Housing Control Leisure Services Helen Oswald - Convener Stewart McGlynn - Convener Jack Gibb - Convener Joy Mowatt - Convener Frank Ellis - Convener John Henderson - Vice-Convener Frank Ellis - Vice-Convener Sheena Welsh - Vice-Convener Iain Gaul - Vice-Convener Ian Angus - Vice-Convener Alex King Alex King Stewart McGlynn Sheena Welsh Sheena Welsh Bill Roberton David Selfridge Glennis Middleton Stewart McGlynn Stewart McGlynn Joy Mowatt Helen Oswald Ian Angus Ian Angus Glennis Middleton Rob Murray John Henderson John Henderson Jack Gibb Kitty Ritchie The Hon R J Leslie Melville Iain Gaul Iain Gaul Kitty Ritchie Bill Roberton David Lumgair The Hon R J Leslie Melville Ron Scrimgeour Ron Scrimgeour Joy Mowatt Peter Murphy David Lumgair Rob Murray Frank Ellis Bill Middleton Robert Spink Richard Speirs David Lumgair David Lumgair The Hon R J Leslie Melville Terry Wood Robert Spink Bob Myles Peter Murphy Ian Mackintosh Peter Nield Bob Myles Peter Nield George Norrie MBE Mark Salmond George Norrie MBE Mark Salmond Jennifer Speirs Jennifer Speirs Jennifer Speirs Robert Spink Terry Wood

Infrastructure Services Resources & Central Services Strategic Policy Social Work & Health David Selfridge - Convener Alex King - Convener Rob Murray - Convener Glennis Middleton - Convener Kitty Ritchie - Vice-Convener Ron Scrimgeour - Vice-Convener Bill Roberton - Vice-Convener Bill Roberton - Vice-Convener Alex King Glennis Middleton Alex King Helen Oswald Stewart McGlynn David Selfridge Joy Mowatt Kitty Ritchie Ian Angus Helen Oswald Jack Gibb Ron Scrimgeour Jack Gibb Jack Gibb Glennis Middleton Joy Mowatt Ron Scrimgeour Bill Middleton David Selfridge Bill Middleton Joy Mowatt Rob Murray Frank Ellis Rob Murray Frank Ellis Ian Mackintosh Ron Scrimgeour Iain Gaul Ian Mackintosh Peter Murphy Ian Mackintosh The Hon R J Leslie Melville Bob Myles Bob Myles Bob Myles Ian Mackintosh Peter Nield Peter Nield George Norrie MBE Peter Murphy Mark Salmond George Norrie MBE Richard Speirs George Norrie MBE Richard Speirs Bill Roberton Jennifer Speirs Richard Speirs Robert Spink Mark Salmond Terry Wood Terry Wood