THE MORAY COUNCIL
THURSDAY 18 FEBRUARY, 1999
NOTICE IS HEREBY GIVEN that a Meeting of THE MORAY COUNCIL will be held within the the Supper Room, Town Hall, Elgin on Thursday 18 February, 1999 at 10.00 a.m.
Karen B. Williams 10 February, I999 Depute Chief Executive (Corporate Services)
BUSINESS
1. Consider, and if so decide, adopt the following resolution:-
“That under Section 50A (4) and (5) of the Local Government (Scotland) Act 1973, as amended, the public and media representatives be excluded from the meeting for Items 35 and 36 of business on the grounds that they involve the likely disclosure of exempt information of the class described in the relevant Paragraphs of Part I of Schedule 7A of the Act”, as shown against each Item.
I.3 The Moray Council - Minute of Meeting dated1 7 December, 1998 [Page Nos 1933 - 19441
3. Social Work Committee - Minute of Meeting dated 14 January, 1999 [Page Nos I945 - 19491
4. Housing Committee
(4 Minute ofMeeting dated 12 January, 1999 [Page Nos 1950 - 19521
04 Minute of Special Meeting dated 4 February, 1999 [Page Nos 1953 - 19541 cc> Minute of Meeting of Sub-Committee dated 12 January, 1999 [Page No 19551 \\COII1’SRVIl\l,‘~i\ ZDM\~lCO1~CIL\AC;ENDAS\1802.dol: 5. Economic Development and Planning Committee
(4 Minute of Meeting dated 19 January, 1999 [Page Nos 1956 - 19731 (b) Minute of Special Meeting dated 12 January, 1999 [Page Nos 1974 - 19761 (4 Minute of Meeting of Telematics Sub-Committee dated 8 January, 1999 [Page Nos 1977 - 19791
6. Licensing Committee - Minute of Meeting dated 2 1 January, 1999 [Page Nos 1980 - 19831
7. Technical and Leisure Services Committee
(a> Minute of Meeting dated 28 January, 1999 [Page Nos 1984 - 19901 (b) Minute of Meeting of Fleet Services Sub-Committee dated 14 January, 1999 [Page No 19911
8. Education Committee
(a) Minute of Meeting dated 2 February, 1999 [Page Nos 1992 - 1993
(b) Minute of Meeting of General Services Sub-Committee dated 2 February, 1999 [Page Nos 1994 - 19961
9. Policy and Resources Committee
(4 Minute of Meeting dated 4 February, 1999 [Page Nos 1997 - 20061 @I Minute of Meeting of Appeals Committee dated 9 February, 1999 [Page Nos 2007 - 20081
10. Children’s Services Strategy Group - Minute of Meeting dated 19 January, 1999 [Page Nos 2009 - 21 IO]
11. Notice of Motion - Consider the terms of the following Notice of Motion proposed by Councillor Keith, seconded by Councillor Mann:-
“This Council calls upon Councillor Morag Anderson, a member ,of the SNP Administration, to explain the apparent anomalies in her expenses claim forms for the period l/4/97 to 3 l/03/98 with particular reference to the appropriate members’ Allowances and Expenses scheme and the unanimous decision of the Council as contained in Branch 13 of the Council Minute dated 30/10/97.”
12. Notice of Motion - Consider the terms of the following Notice of Motion proposed by Councillor Keith, seconded by Councillor Mann:-
“This Council calls upon Councillor Duncan Crawford, a member of the SNP Administration, to explain the apparent anomalies in his expenses claim forms for the period l/4/97 to 31/03/98 with particular reference to the appropriate members’ Allowances and Expenses scheme and the unanimous decision of the Council as contained in Branch 13 of the Council Minute dated 30/10/97.”
13. Notice of Motion - Consider the terms of the following Notice of Motion proposed by Councillor Keith, seconded by Councillor Mann:-
“This Council calls upon Councillor Hilda Cumiskie, a member of the SNP Administration, to explain the apparent anomalies in her expenses claim forms for the period l/04/97 to 31/03/98 with particular reference to the appropriate members’ Allowances and Expenses scheme and the unanimous decision of the Council as contained in Branch 13 of the Council Minute dated 30/10/97.”
14. Notice of Motion - Consider the terms of the following Notice of Motion proposed by Councillor Keith, seconded by Councillor Mann:-
“This Council calls upon Councillor Margo Howe, a member of the SiVP Administration, to explain the apparent anomalies in her expenses claim forms for the period l/4/97 to 3 l/03/98 with particular reference to the appropriate members’ Allowances and Expenses scheme and the unanimous decision of the Council as contained in Branch 13 of the Council Minute dated 30/10/97.”
1s. Notice of Motion - Consider the terms of the following Notice of Motion proposed by Councillor Keith, seconded by Councillor Mann:-
“This Council calls upon Councillor Tom Howe, a member of the SNP Administration, to explain the apparent anomalies in his expenses claim forms for the period l/4/97 to 31/03/98 with particular reference to the appropriate members’ Allowances and Expenses scheme and the unanimous decision of the Council as contained in Branch 13 of the Council Minute dated 30/10/97.”
16. Notice of Motion - Consider the terms of the following Notice of Motion proposed by Councillor Keith, seconded by Councillor Mann:-
“This Council calls upon Councillor Robert Laing, a member of the SNP Administration, to explain the apparent anomalies in his expenses claim forms for the period l/4/97 to 3 l/03/98 with particular reference to the appropriate members’ Allowances and Expenses scheme and the unanimous decision of the Council as contained in Branch 13 of the Council Minute dated 30/10/97.”
17. Notice of Motion - Consider the terms of the following Notice of Motion proposed by Councillor Keith, seconded by Councillor Mann:-
“This Council calls upon Councillor Gordon McDonald, a member of the SNP Administration, to explain the apparent anomalies in his expenses claim forms for the period l/4/97 to 3 l/03/98 with particular reference to the appropriate members’ Allowances and Expenses scheme and the unanimous decision of the Council as contained in Branch 13 of the Council Minute dated 30/10/97.”
18. Notice of Motion - Consider the terms of the following Notice of Motion proposed by Councillor Keith, seconded by Councillor Mann:- “This Council calls upon Councillor Hamish McDonald, a member of the SNP Administration, to explain the apparent anomalies in his expenses claim forms for the period l/4/97 to 31/03/98 with particular reference to the appropriate members’ Allowances and Expenses scheme and the unanimous decision of the Council as contained in Branch 13 of the Council Minute dated 30/10/97.”
19 Notice of Motion - Consider the terms of the following Notice of Motion proposed by Councillor Keith, seconded by Councillor Mann:-
“This Council calls upon Counciilor Rhona Patterson, a member of the SNP Administration, to explain the apparent anomalies in her expenses claim forms for the period l/4/97 to 31/03/98 with particular reference to the appropriate members’ Allowances and Expenses scheme and the unanimous decision of the Council as contained in Branch 13 of the Council Minute dated 30/10/97.”
20 Notice of Motion - Consider the terms of the following Notice of Motion proposed by Councillor Keith, seconded by Councillor Mann:-
“This Council calls upon Councillor Anna Scott, a member of the SNP Administration, to explain the apparent anomalies in her expenses claim forms for the period l/4/97 to 3 l/03/98 with particular reference to the appropriate members’ Allowances and Expenses scheme and the unanimous decision of the Council as contained in Branch 13 of the Council Minute dated 30/l O/97.”
21 Notice of Motion - Consider the terms of the following Notice of Motion proposed by Counciilor Keith, seconded by Councillor Mann:-
“This Council calls upon Councillor Joyce Stewart, a member of the SNP Administration, to explain the apparent anomalies in her expenses claim forms for the period l/4/97 to 3 l/03/98 with particular reference to the appropriate members’ Allowances and Expenses scheme and the unanimous decision of the Council as contained in Branch 13 of the Council Minute dated 30/10/97.”
22. The Moray Council - Accounts for period 1 April, 1997 to 3 1 March, 1998 - Report by the Depute Chief Executive (Finance & IT)
23. The Moray Council - 1997/98 DLO/DSO Audited Final Accounts - Report by the Depute Chief Executive (Finance & IT)
24. Repayment to North of Scotland Water Authority (NOSWA) of Debt Allocation - Report by the Depute Chief Executive (Finance & IT)
25. Enforcement Concordate - Report by the Director of Technical and Leisure Services
26. Byelaws and the Employment of Children - Report by the Legal and Administration Services Manager
27. Tree Preservation Order - Craigellachie - Report by the Legal and Administration Services Manager
28. Road Traffk Orders - Report by the Legal and Administration Services Manager ITEM: 2 3
PAGE: 1
morza,uthe
REPORT TO: THE MORAY COUNCIL ON 18 FEBRUARY, 1999
SUBJECT: THE MORAY COUNCIL - 1997/98 DLO/DSO AUDITED FINAL ACCOUNTS
BY: DEPUTE CHIEF EXECUTIVE (FINANCE AND I.T.)
1. Reason for Report
1.1 To formally submit to the Council the audited Final DLO/DSO Accounts of The Moray Council for the year to 3 1 March, 1998.
2. Report
2.1 Under the Local Government Planning and Land Act 1980 and the Local Government Act 1988, local authorities are required to account separately for services undertaken by its Direct Labour Organisations and Direct Service Organisations respectively.
2.2 There are no material changes from the draft Accounts which were presented to Full Council on 2 July, 1998, when it was reported that all DLOiDSOs, apart from the Catering DSO, had achieved the statutory prescribed financial objective of break even.
2.3 Although the Catering DSO failed to achieve the financial objective, the External Auditor did not feel it necessary to qualify the Accounts on that basis.
2.4 The formal Accounts are available for inspection in the Members’ Library.
3. Financial, Staffing and Environmental Implications
3.1 There are no financial, staffing or environmental implications in this Report.
4. Recommendations
4.1 It is recommended that the final audited Accounts for The Moray Council DLO/DSOs for the year to 31 March, 1998, be duly noted. ITEM: 2 3
PAGE: 2
Author of Report: Carolyn Williamson, Assistant Chief Financial Officer - Ext. 3 102 Background Papers: Local Government Planning and Land Act 1980, the Local Government Act 1988 and the Minute of The Moray Council dated 2 July, 1998 Ref CWlMJT/302
Signature:
Designation: Depute Chief Executive Name: Alastair Keddie ITEM: 24
PAGE: 1
REPORT TO: THE MORAY COUNCIL ON 18 FEBRUARY, 1999
SUBJECT: REPAYMENT TO NORTH OF SCOTLAND WATER AUTHORITY (NOSWA) OF DEBT ALLOCATION
BY: DEPUTE CHIEF EXECUTIVE (FINANCE AND LT.)
1. Reason for Report
1.1 To inform Members of the Council that a legal obligation to repay the North of Scotland Water Authority (NOSWA) for Debt Allocation has been discharged.
2. Backwound
2.1 Prior to Local Government Reorganisation on 1 April, 1996, the Water and Sewerage Asset Transfer Scheme was approved by the Secretary of State.
2.2 In March, 1996, the Public Works Loans Board (PWLB) transferred outstanding loans to NOSWA based upon the capital debt transfer in order to ensure the loans covered the debt.
2.3 In January, 1997, following the completion of Grampian Regional Council’s draft Accounts, an excess allocation was identified in that the loans exceeded outstanding debt by f 9,267,328, therefore the additional loans should have been allocated to the successor authorities.
2.4 NOSWA have been repaying interest on the loan and, therefore, there is also a requirement to repay accrued interest.
2.5 The sum of f 1,764,403 relating to The Moray Council’s share of the loans has been provided for within the financial accounts, along with an appropriate level of accrued interest.
3. Action Taken
3.1 The three successor authorities are to repay the loan and accrued interest during the month of February, 1999, in order to discharge our legal obligation within this financial year. ITEM: 24
PAGE: 2
4. Financial Implications
4.1 The obligation was known in January, 1997, and appropriate provision was made in the financial accounts to ensure that the repayment would not have an effect in the year of repayment.
5. Staffing and Environmental Implications
5.1 There are no staffing or environmental implications.
6. Recommendations
6.1 It is recommended that the action taken is noted.
Author of Report: Carolyn Williamson, Assistant Chief Financial Officer - Ext. 3102 Ref: CW/MJT/529
Signature: ...... #& . . ..*......
Designation: Depute Chief Executive Name: Alastair Keddie ITEM: 2 s
PAGE: 1
REPORT TO: THE MORAY COUNCIL ON 18TH FEBRUARY 1999
SUBJECT: ENFORCEMENT CONCORDAT
BY: DIRECTOR OF TECHNICAL AND LEISURE SERVICES
1. Reason for Report
1.1 To consider Council wide implementation of the Enforcement Concordat issued by the Government and the Local Authority Organisations.
2. Background
2.1 The Enforcement Concordat (copy attached) was issued jointly by the Scottish office, the Cabinet Office, COSLA and the LGA. It is intended to replace the ‘minded to’ or ‘notice of intent’ procedures of the Deregulation and Contracting Out Act 1974.
2.2 The Concordat has been recommended to Councils by Brian Wilson, Minister for Education and Industry, and Julia Sturrock, Convenor of COSLA’s Protective Services forum (copy letter attached).
3. The Proposals
3.1 The proposal is to adopt the Concordat. This will involve services with enforcement functions, monitoring effectiveness of implementation. Each service would be free to formulate more detailed policies and procedures based on the principals contained in the Concordat.
4. Financial, Staffiw and Environmental Implications
4.1 None.
5. Consultations
5.1 All Directors, the Chief Environmental Protection Officer, the Control Services Manager and the Legal and Administration Services Manager have been given a copy of the Concordat. There have been no adverse comments. ITEM: 2s
PAGE: 2 5.2 The Corporate Management Team on 27th January 1999 agreed to support the adoption of the Concordat.
6. Recommendations
6.1 To recommend that The Moray Council adopts the Concordat for all its enforcement functions.
Author of Report: Peter Adamson, Trading Standards Manager - 2265 Background Papers: Enforcement Concordat and COSLA letter Ref: PA/MAS
Signature: k!?&-%
Designation: ‘rector of Technical and Leisure Services Name: John Summers 4 To
Leaders of Administration and the Conveners of East Renfiebvshire, Highland, Scottish Borders, Dumfries and Galloway, Orkney, Shetland and Comhairle nan Eilean Siar, and Conveners of Fire Joint Boards
Copy to Chief Executives and Clerks to Fire Joint Boards/Authorities
.4prii 1998
Dear Leader/Convener
EiYFORCEMENT CONCORDAT
We are delighted to enclose a copy of the new concordat on good enforcement practice. Developed with IocaI authorities and cenBa1 government agencies, it sets out a biueprint for fair, practical and consistent enforcement across the country. The Government and COSLA hope to see it adopted by all enforcement authorities and agencies.
The concordat is intended to replace the “minded to” or “notice of intent” procedures of section 5 of the Deregulation and Contracting Out Act 1994.which were introduced under the previous Government and which have been criticised as overly bureaucratic and inflexible. \Nhere these procedures have been introduced in legislation, it is intended that they will be phased out as and when the oppomiry arises.
The concordat has been dra&n from existing good practice as operated in many local authorities and agencies already. An important message of the concordat is that “prevention is better than cure”. Those signing up to the concordat will commit their enforcement semices to work with business to help them to comply with the law. However, firm acfion will be taken against those who flout the law and put consumers and others at risk.
The concordat was dra&n up by the Access Business Group, a partnership between central and local government and business. It sets out the following principles:
l Performance will be measured against agreed Standards . There will be Openness in dealing with business and others 0 Enforcers will be Helpful and informative and services will be effectively co-ordinated l Complaints procedures will be publicised . Enforcement decisions will be taken in a Proportionate manner and l Enforcement officers will strive for high standards of Consistency. c‘ll~lllct ot:1cc ’ \ I’rillciple:i Of Good Po lit)
STANDARDS
‘( -...:: .*:. .-. _ . .__ .‘I -
< , .
. .
OPENNE SS
/ ‘. ,‘. , ,,.. ’ . ‘. “’ . . . . ;:. ,’
HELPFULNESS
\\‘e bcliew that prewntion is Ixttcr than ciirc 2nd
Illat our role tllcrcfore iii~d\~cs actiwl! narkilq
with 1)usincss. cspf.xiall~~ snlnll ;lucl ~11cd~t~m sized
busirwbscs. to ad\ 1st oil drid mist !I ItI1 conlpiiaiicc.
\\‘c ti.iII /Jr”\ idc ;I courteous ~ntl cFficicr;t sc‘n ice
;1i1d our staff \I,ill itlcntif~~ tllciil\Cl!~cS Ix mriic. \\C
\\ ill yrn\,iclc ,i.contact point dlld tclcpllc)l~c nllililxr . for furtiicr tlc;iliii;\ i\itll ux ;Ilicl \\C :\Ill cIic’oLIr.i;‘c
Ixihiijcss to seek atI\ icc/iilf~)rili.ltioll frwv II\
‘.l.‘.‘, i\ppllc,itmls for apprwil of c’it~il~ii~li~~~cr~t~, _, II~CIISCS, rcgistrntions, etc. \vill Ix dealt nitI\
Cfflciclltl\ 211cl prmiptl\. \\L will clmrc thrt, \\.llcrc\,cr pr.ictic;llAc, our cnforccrllclll skr\jccs ;Irc Priiiciplcs Of GOOcl Enforcenlent: cffccti\cl! co-ordill;ilcd to iiiiiiiiilisc uiIIicccss;~r) Procedurea o\.crl,y)s 31id tiiiic tlcla~ s.
Adricc from a11 officer \\.ill Ix put clcnrly nncl
COMPLAINTS ABOUT SERVICE simply nrlcl \\ill Ix co~lfirnwl ill ~ritillg, OII
rcqucst, csphiiiin,n wli\. ;11i!.I rcriwdi.ll t\or!i is \\‘c \\,ill pm iclc \\cll puMicisctl. cFFccti1.c ;111cl ncccss;irv nnd over \\llat tiiiic-scale, and taking tinicl!- coiilpl;lirils proccclurcs casil! acccssil~ic to sure that Icgal rcquircmcntc ;irc cle:irt\. I)usillcsj. tllc public, cl~iplO!cCS ~lllcl consunwr clistillguishcd from best practice ad\,lcc. groups. II1 c;Iscs \vhcrc disputes cai\not Ix
rcsoI\.cd. ;~II!- right of complrlint or ~ppc~l \\.ill Ix BcForc formal cnforccmcnt action is tnkcn. officers cxpl;iriicd, with det,iils of the process arid the Iikcl! Lvill provide an opportunity to discuss the tmc-hc.~lr;s in~olwci. circumstances of the cxc and, if possible, resolve
points of difference, unless immcdi~~te action is
PROPORTIONALITY required (for csnmplc. in the intcrcsts of hcllltll
\\!c \\,ill minimisc tlic Costs Of conipliancc for 2nd safctv or c’nvironmcntal protection or to
l>iisiiicss L! cnsuri~i,o tlint ail!. achoii xc rcquirc is prctxxit evidcilcc king clcstro!~ccl).
proportioncitc to the risks. As f,ir as hit 1;~. nllo~\~s, \\‘lmc imlncdiatc action is cowiclcrcd ~lcccssar!; \\‘c \\.ill take nccount of the circumshccs of the an espl;lnation of wh!, such action w+ls rcquircd C;ISC and tlic attitude of the operator \\hcn will lx given at the time ad confimcd in \vriting consiclcring action. iii most casts within 5 \\wkin,o clays and, in all
\\L \\-ill take particuhr c3rc to i\ml; witli SIXIII C;ISCS. \\ithiii IO \c.orking cla!x
lxr\iiicsscs nncl \,olulltar\. 21~1 coiiimuiliti \\‘Iicrc thcrc ;lr: rigllts of apl;c;~l ngnirxt Formal oryliisations so tht thcv can incct illcir Icg~l xtloii, advice 011 tlic appeal uicchnnisnl \\itl Ix ol~ligi~iom \~itllout uIiIlcccss;ir~’ cspc~isc, ~licrc clearly set out in \\,riting at the time tlic action is prxtical7lc. take (n$cnc\xx possible this ;~d\ ice \\A1 lx issued
with the enforccmcnt notice). CONSISTENCY
\\‘c \\ill carry out our duties in 3 fair. cquitnlk and
conhtcnt iilanncr. \Vliilc inspectors arc cspcctcd to cscrcisc juclgcn~c~~t in iiiclividiial ascs, wc will
h:l\.c nrrniigcnlcnts III place to promote colisibtcrlcy,
irduclh~ cffcctivc arrangcnw\ts for liziwn \vith
other autli~)ritics and cnforccrncnt botlics ttlrcJu;l,
sCI1CIIic~ stdi 35 tllchc opcratcd I)!. tlic I,oc.d
Authorilk Co-Ordimtilig Hods oii ~~mtl alid
‘[inding Stalltlarcls (LACOTS) and the Local
Authorih~ National T\ pc t\ppro\xt Colifctlcrntioll
( LbmAC)
3 Tl1c pri~ilSlr~, ftriicticlii of ccrIIr,il .iiicl Ioc;it
;I]\ crliiiiclit cIIforc.ciiiciit \\clrk ih to protccf t/lc
pihtic. tlic t*rl\~irorlriiciit .iiid groups such .IS
c‘c)llsurilcr,5 ,111cl \torftcr.\ .\t tllc (.iiiic’ tiiilc.
c,irr\-ill,o otit cllforcclllciit ftliictioiis iii ,117
Cquit‘ihlc, prGlctical iiilcl cc~ii\l\tcilt Ili,iiiiicr Iiclp\
tn proinotc ‘7 tliri\iilS ibttioi1.11 .I1111 Ioc3l t’co110~71~
\\C arc conli77ittccl tc, Ilic~ dlii\ .liicl to
Ii\;iiiit;iiiiili~ ;1 F.xir ,iild \.lfc Ir.dlliS ai\~irmn7cl~t
‘lh cffccti\uicsz of Iqisl.l(ic)il ill protcctin~
cwi\uii1cr> or rectors iii vxicly tlqxmds
cruci;ill\~ 011 ttic con~pli;iiicc of t!ww rcgulatcd.
\\C rccrlgiliri ttl.il incl\t Ixi\iIIc\\c.5 \\,iilt to c0111pi1
\\ltll lli(. I.Iw: \\C \\ ill. tlk~rcha.. t,ihc c;irc to Ilclp
t)u\lfl~\~ 2174 otlicrs iiiccl t/lc:r Lyl chl~ytioi:~
I\ il llotlt u~~tlcccwr~ cspcii\c. \\ li:Ic. tciki~i; hrin
;lctioli. i~icltitlilir; pro\ccutilm !\IIc.rc ,ippropri,itc.
:ig;iiliht tli~hc 11 Ii0 flout tl!c I;ii\ m ,Ict irrcspclrlrihi:.
:\ll cilizclls \\ ill rcup tlic bcllcfits Of this polic!
tIircm;ll hcttcr ii~forrriat~o:i. clioicc did snfctl.
.
ITEM: db
PAGE: 1
REPORT TO: THE MORAY COUNCIL ON 18TH FEBRUARY, 1999
SUBJECT: BYELAWS AND THE EMPLOYMENT OF CHILDREN
BY: LEGAL AND ADMINISTRATION SERVICES MANAGER
1. Reason for Report
1.1 The reason for this report is to have the meeting:
(i) pass a formal resolution to make, then authenticate, “the Moray Council Byelaws with Respect to the Employment of Children 1999”;
(ii) instruct the Legal and Administration Services Manager to submit the byelaws to the Secretary of State for Scotland for confirmation; and
(iii) to give pu blic notice of the making of the byelaws and the resolution to apply to the Secretary of State for Scotland for their confirmation (approval).
2. Backwound
2.1 At their meeting on 17th December, 1998 the Moray Council approved draft byelaws in respect of the employment of children and to embark on the formal consultation process.
2.2 The draft byelaws follow the format commended by the Scottish Office (SOEID Circular3/1998), with some changes to detail to reflect local circumstances. The byelaws are included at APPENDIX A, with explanatory notes at APPENDIX B. The explanatory notes detail any changes made to the model byelaws and the reasons for these changes. Following the advice given by the Scottish Office, the explanatory notes will be sent along with the byelaws so that they can be considered at the same time.
3. Outcome of Informal Consultation
3.1 Copies of the draft byelaws were sent to:
Secretaries of all Community Councils Moray Badenoch & Strathspey Enterprise Company Business Associations in Moray all Job Centres in Moray Head Teachers of all Secondary Schools j:deirdre\rpt-mc-byelaws ITEM: &
PAGE: 2
Chairpersons of all Secondary School Boards.
Copies of the draft byelaws and the briefing note were available for inspection at Council Offices, Public Libraries and at Secondary Schools throughout Moray.
3.2 Comments were received from the following:
R. W.O. Drysdale, Assistant Rector, Lossiemouth High School David L. Fowler, Training Officer, Stewart of Buckie (wholesale butcher and food processor) Laurie C. Stewart, Chief Inspector, Grampian Police Mrs. Margaret Samson, Secretary, Keith Community Council Peter Adamson, Trading Standards Manager, the Moray Council K.R. Scofield, Secretary, Lossiemouth Community Council D. MacKay, Environmental Health Manager - see Appendix C
3.3 Their comments can be summarised as follows:
(4 There was a suggestion that unless the proposed byelaws were rigorously enforced, they were worthless and that a team of inspectors be put in place to make regular visits to places of employment and appropriate court action taken.
Byelaws are generally enforced by the Police and the appropriate court action would be a criminal court action. It is therefore not envisaged that the Moray Council should take on additional staff to police the enforcement of the new byelaws. Many of the areas regulated by the new byelaws are regulated in other respects by Environmental Health. It is only after giving this particular comment some thought that Environmental Health have now been asked to submit their comments. Should there be any implications from this aspect of the draft byelaws, these could perhaps be raised at a later time as a separate issue as this comment relates more to implementation and does not materially affect the content of the byelaws.
@I Clarification was sought with regard to the definition of a commercial kitchen, what activities are covered by this prohibition and whether it. extends to fast food outlets.
It is understood that this section would cover all commercial kitchens and include fast food outlets. As a result of this query two additions have been made to the examples given so that that section now reads “e.g. a kitchen forming part of any food processing factory or outlet, hotel, cooking shop, cafk, restaurant or fast food outlet”. cc> It was suggested that the phrase “dangerous machine” be expanded. This has been done by way of a footnote referring to the appropriate statutory definitions.
Cd) There was a suggestion that categories of light work available for children aged 14 and over be included in the draft byelaws in the way that it is for 13 year olds. ITEM: &,
PAGE: 3
This has not been altered, as the new section 28 of the model byelaws commended by the Scottish Office anticipate that children aged 14 or over may take on any type of light work, provided it is not within the areas of prohibited employment. Any list of permitted employment is likely to be far more restrictive. This is obviously exactly what was intended when the list was included for 13 year olds. The byelaws being replaced (i.e. those which were inherited from the former Grarnpian Regional Council) had an explanatory leaflet which was sent out to schools for the benefit of parents and employers. This type of leaflet could perhaps be repeated once these byelaws are in force and this point could be covered at that time.
(e> There was a suggestion that additions/amendments be made to paragraphs 4(h) and 6(e) to “include radiation - specific comment to computers and the risk of eyestrain and RSI”.
It is not felt that this type of specification would be appropriate in the draft byelaws, but again this could be dealt with in the explanatory notes. In particular it could be recommended as a consideration which employers take account of when carrying out the risk assessment and schools take account of when considering the child’s health and welfare prior to issuing the employment permit.
(0 There was a suggestion that wrapping and packaging work be included at paragraph 6(j).
This could be added, provided the items being wrapped or packaged, do not fall within the prohibitions contained in paragraph 4.
(g> It was suggested that the sale or supply of tobacco products be included as one of the prohibited areas of employment.
This seems to be a reasonable suggestion and is included. The reasoning behind this was that it is illegal to buy tobacco products under the age of 16. It therefore seems illogical that a person under 16 can sell c.igarettes, but cannot buy them. There may also be some peer group pressure on children under the age of 16 years working in shops to sell cigarettes to persons they know are also under 16.
This comment also caused a re-think of paragraph 4(b) regarding the sale or delivery of alcohol, which in the model byelaws is quite lax. The final version therefore tightens up this paragraph.
09 One telephone call suggested that paragraph 10 be changed by deleting the words “within one week of” and replacing it by the word “before”.
This appears to be quite an effective tightening of what might have been a loophole so that employment permits are issued before the child is employed rather than within one week of employing the child. The Scottish Office intention behind the original version is unclear, but it doe,s leave the loophole that if a child is employed without a permit, the employer and the child could simply state that they have only started work there within the past week, PAGE: 4
whereas if they are required to obtain a permit prior to employing the child, no such excuse can be given.
4. The Proposals
4.1 It is proposed that the meeting pass a formal resolution to make the byelaws and to instruct the Legal and Administration Services Manager to submit the byelaws to the Secretary of State for Scotland for confirmation.
4.2 The byelaws would then be signed, advertised in the local press and made available for public inspection. Anyone wishing to object to the byelaws should send their objections to the Secretary of State for Scotland. Once the month for objections has passed, the byelaws, together with a copy of the advert are to be lodged with the Scottish Office.
4.3 Before confirming the byelaws the Secretary of State will take into consideration any objections received and may, if considered necessary or desirable, hold a local inquiry.
4.4 The Secretary of State may confirm with or without modification or refuse to confirm any byelaws and may fix a date on which the byelaws are to come into operation. If no date is fixed the byelaws come into operation one month from the date of their confirmation.
4.5 As soon as practical after receiving the confirmation of the byelaws by the Secretary of State the Council must give public notice of their coming into effect.
4.6 When the byelaws come into effect changes will be made to existing procedures and those changes will be reported to a future meeting of the Council. Further consultation may also be necessary as to improvement of the position regarding enforcement.
5. Financial, Staffinp and Environmental Implications
5.1 Financial and Staffing Imulications
5.1.2 The financial implications for the promotion of byelaws will be met within existing budgets.
5.2 Environmental Implications
5.2.1 The new byelaws, if adequately enforced, would help to avoid the exploitation of children and improve the circumstances and environment in which they may be employed.
6. Consultations
6.1 There has been extensive consultation as detailed in para. 3.2 above. Consultation has also taken place internally with HSA Support for Learning and the Principal Environmental Health Manager. ITEM: &
PAGE: 5
6.2 Copies of the draft byelaws have also been made available for inspection at Council offices and public libraries throughout Moray.
7. Recommendations
7.1 The Council is asked to:
(i) Note this report
(ii) Pass a formal resolution to make “the Moray Council Byelaws with Respect to the Employment of Children 1999” and
(iii) Instruct the Legal and Administration Services Manager to submit the byelaws to the Secretary of State for confirmation.
Author of Report: Deirdre McNab, Solicitor Background Papers: Letters from: R.W.O. Drysdale, Assistant Rector, Lossiemouth High School David L. Fowler, Training Officer, Stewart of Buckie (wholesale butcher and food processor) Laurie C. Stewart, Chief Inspector, Grampian Police Mrs. Margaret Samson, Secretary, Keith Community Council Peter Adamson, Trading Standards Manager, the Moray Council K.R. Scofield, Secretary Lossiemouth Community Council Working draft byelaws Ref: DMcN/LAC
Signature 1.9, / Designation Leaal and Administration Services Manager
Name Roderick D. Bums
APPENDIX A 1
THE CHILDREN (PROTECTION AT WORK) REGULATIONS 1998)
THE MORAY COUNCIL
BYELAWS WITH RESPECT TO THE EMPLOYMENT OF CHILDREN
Made
Coming into force
The Moray Council
1. These Byelaws may be cited as The Moray Council Byelaws 011 the Employment of Children 1999 and shall come into force on
Interpretation and Extent
2. These Byelaws are made under the Children and Young Persons (Scotland) Act 1937 Section 28 (as amended’), which also contains the main statutory provisions relating to the employment of children. These Byelaws should be read in conjunction with those provisions (see Appendix).
3. In these Byelaws, unless the context otherwise requires:
“the Authority” means The Moray Council;
“child” means a person who is not for the purposes of the Educ.ation (Scotland) Act 1 9802 over school age;
“continuous employment” means any period of employment in which there is no interval for a meal and rest or in which the interval for a meal and rest is less than one hour;
“employment” includes assistance in any trade or occupation which is carried on for profit, whether or not payment is received for that assistance;
“light work” means all work which, on account of the inherent nature of the tasks which it involves and the particular conditions under which they are performed is not likely to be harmful to the safety, health or development of children and is not such as to be harmful to their attendance at school, their participation in vocational guidance or training programmes or a work experience scheme under Section 123 of the Education (Scotland) Act 1980 or their capacity to benefit from the instruction received:
I Amended by The Children (Protection at Work) Regulations 1998 S.I. 98/276 Reg. 8 ’ 1980 c.44 j:Deirdre\byelaws ,., ,a.. /;;_a; db 7 “non-school day” means a day on which the school last mentioned is not open 4
“parent”, in Byelaw 9(d), includes any person who has parental responsibilities in relation to a child (within the meaning of section l(3) of the Children (Scotland) Act 1995)‘;
“public place” includes any public park, garden, sea beach or railway station and any ground to which the public for the time being have or are permitted to have access, whether on payment or otherwise;
“school day” means a day in which the school wherein the child is eenrolled is open (whether for the whole or part of that day) for a meeting at which attendance is compulsory;
“street” includes any highway and any public bridge, road lane, footway, square, court, alley or passage, whether a thoroughfare or not;
“street trading” includes the hawking of newspapers, matches, flowers and other articles, playing, singing or performing for profit, shoe blacking and other like occupations carried on in any street or public place;
“year”, except in expressions of age, means a period of 12 months beginning with 1st January.
Prohibited Employment
4. No child of any age may be employed:
a. in a cinema, theatre, discotheque, dance hall or night club, except in connection with a performance given entirely by children
b. to sell or deliver alcohol, except for delivery in sealed containers as part of a larger order agreed with a person over the age of 1 83
C. to sell or deliver tobacco products, except for delivery of a larger order agreed with a person over the age of 164
d. to deliver milk
e. to sell, supply or deliver tieI oils
f. in a commercial kitchen (eg a kitchen forming part of any food processing factory or outlet, hotel, cooking shop, cafe, restaurant or fast food outlet)
g* to collect or sort retise or in or about any premises where refuse is collected, sorted or sold
h. in any work which is more than three metres above ground level or, in the case of internal work, more than three metres above floor level
‘, 1995 c.36 ’ This does not prevent children taking part in performances under the provisions of a licence granted in accordance with the Children and oung Persons Act 1963, and the associated Regulations, 7.Licensing (Scotland) Act Sections 68, 72, 73, 90A and 97A 4 Children & Young Persons (Scotland) Act 1937 Section 18 as amended j:\deirdre\byelaws i. in employment involving harmful exposure to physical, biological or agents
j. to collect money or to sell or canvass door to door except under the supervision of an adult
k. in work involving exposure to adult material or in situations which are for this reason otherwise unsuitable for children
1. in telephone sales
m. in any slaughterhouse or in that part of any butcher’s shop or other premises connected with the killing of livestock, butchery, or the preparation of carcasses or meat for sale
n. as an attendant or assistant in a fairground or amusement arcade or in any other premises used for the purpose of public amusement by means of automatic machines, games of chance or skill or similar devices
0. employment connected with gaming or betting
P* in the personal care of residents of any residential care home or nursing home unless under the supervision of a responsible adult
4. employment in driving, feeding or attending to animals in any auction market
r. employment in or about a coal store or yard
S. employment as a lift operator
t. employment connected with clearing or sweeping chimne:ys
U. employment in or about any fish curers premises, fish processors premises or fish market
V. employment in or about any stone merchants yard or premises
W. employment in or about a sawmill or sawmill yard
Permitted Employment of Children Aged 14 and Over
5. A child aged 14 or over may be employed only in light work.
j:deirdre\byelaws 4
Permitted Employment of Children Aged 13
6. A child aged 13 may not be employed except in light work in one or more of the following specific categories:
a. agricultural or horticultural work’
b. delivery of newspapers, journals and other printed material, and collecting payment for same, subject to the provisions of Byelaw 3(i)
C. shop work, including shelf stacking
d. hairdressing salons
e. office work
f. car washing by hand in a private residential setting
g* in a cafk or restaurant (this does not include the kitchen - see paragraph 3(e))
h. in riding stables
i. domestic work in hotels and other establishments offering accommodation (this does not include the kitchen - see paragraph 3(e)).
Permitted Employment of Children under 13
7. A child aged 10 or over may be employed on an occasional basis by and under the direct supervision of his parent or guardian in light agricultural or horticultural work’.
Employment On School Days
8. Subject to the other provisions of these Byelaws, no children may be employed on any school day for more than one hour in the morning before the commencement of school hours.
Additional Conditions
9. No child may be employed in any work out of doors unless wearing suitable clothes and shoes.
Notification of Employment and Employment Permits
10. Before employing a child, the employer must send to the authority written notification stating:
a. his own name and address
b. the name, address and date of birth of the child
1 for the avoidance of doubt this does not permit children to operate tractors or other agricultural machinery j:deirdre\byelaws C. the hours and days on which the child is to be employed, the occupation in which the child is to be employed, details of the task involved and, if different from (a) above, the place of employment
d. a statement of the child’s fitness to work, and of approval for the child to be employed, completed by the child’s parent
e. details of the school at which the child is a registered pupil and
f. a statement to the effect that an appropriate risk assessment has been carried out by the employer and the key findings of the risk assessment have been provided to the parent/guardian in accordance with the Health and Safety (Young Persons) Regulations 1997
11. Where, on receipt of a notification, the education authority is satisfied that:
a. the proposed employment is lawful
b. the child’s health, welfare or ability to take full advantage of his education would not be jeopardised and
C. the child is fit to undertake the work for which he is to be employed
it will issue the child with an employment permit.
12. Before issuing an employment permit an education authority may require a child to have a medical examination.
13. The employment permit will state:
a. the name, address and date of birth of the child
b. the hours and days on which the child is to be employed, the occupation in which the child is to be employed, details of the task involved and the place of employment
14. A child may be employed only in accordance with the details shown on his employment permit
15. An education authority may amend a child’s employment permit -from time to time on the application of an employer
16. The education authority may at any time revoke a child’s employment permit if it has reasonable grounds to believe:
a. that the child is being unlawfully employed, or
b. that his health, welfare or ability to take advantage of his education are suffering or likely to suffer as a result of the employment.
j:deirdre\byelaws 17. A child must produce his employment permit for inspection when required to do so by an authorised officer of the authority or a police officer.
Street Trading
18. No child under the age of 14 may engage in street trading and a child aged 14 or over may not engage in street trading unless:
a. he is employed to do so by his parents, in connection with their retail business and under their direct supervision;
b. he has been granted a licence to do so (“a street trader’s licence”) by the authority and is acting in compliance with the terms of that licence.
19. The authority shall not grant a street trader’s licence to any child if it has reason to believe that the employment of the child in street trading would be prejudicial to his health, welfare or ability to take full advantage of his education or the child’s street trader’s licence has previously been revoked.
20. A street trader’s licence shall prohibit the holder from engaging in street trading on a Sunday and shall:
a. be valid for not more that 12 months and shall expire on 3 1 December
b. prohibit the holder from touting or importuning to the annoyance or obstruction of any member of the public in any street or public place, and
C. require that the child notify the authority within one week of any change of address
21. The authority may suspend or revoke a street trader’s licence if it has reason to believe that the holder’s continued employment in street trading would be prejudicial to his health, welfare, or ability to take full advantage of his education, or if the holder:
a. is found guilty of any offence connected with the street trading
b. commits any breach of these Byelaws or the terms of his street trader’s licence
C. uses the licence as a means for begging, immorality or any other improper purpose, or
d. fails to notify the authority within one week of any change of address.
Suspension of Permit
22. A licence granted in respect of a child may be suspended during any period when:
a. the child is excluded from the school wherein that child is enrolled
j:deirdre\byelaws b. the child is exempted from attendance at the school wherein that child is enrolled
C. the child is prevented from attending the school wherein that child is enrolled by reason of illness or contact with an infectious or contageous disease
d. or the Council think fit.
Revocation
23. The Byelaws with respect of the employment of children (and street trading) made by The Grampian Regional Council on of 1984 and confirmed by the Secretary of State on day of 1984 are hereby revoked.
THE COMMON SEAL of The Moray Council was affixed to these Byelaws on 1999 in the presence of:
[signature(s)] [Designation (s) of signatory/ies] [seal]
These Byelaws are hereby confirmed by the Secretary of State for Scotland on 1999 and shall come into force on 1999
[signature] [seal] Assistant Secretary The Scottish Office Education and Industry Department
J:deirdre\byelaws 28-( 1 ) Subject to the provisions of this section and of any byelaws made shall be employed-
(4 so long as he is under the age of fourteen years;
(aa> to do any work other than light work; or
(b) before the close of school hours on any day on which he is under obligation to attend school; or
cc> before seven o’clock in the morning or after seven o’clock in the evening on any day; or
(4 for more than two hours on any day on which he is under obligation to attend school; or
(4 for more than two hours on any Sunday; or WI repealed] (g> for more than eight hours or, if he is under the age of fifteen years, for more than five hours in any day-
(i) on which he is not required to attend school, and
(ii) which is not a Sunday; or
co for more than thirty-two hours or, if he is under the age of fifteen years, for more than twenty-five hours in any week in which he is not required to attend school; or
(9 for more than four hours in any day without a rest break of one hour; or ci> at any time in a year unless at that time he has had, or could still have, during a period in the year in which he is not required to attend school, at least two consecutive weeks without employment.
(2) An education authority may make byelaws with respect to the employment of children, and any such byelaws may distinguish between children of different ages and sexes and between different localities, trades, occupations and circumstances, and may contain provisions-
(a) authorising-
j.deirdre\byelaws 0) the employment on an occasional basis of children under the age of fourteen years (notwithstanding anything in paragraph (a) of the last foregoing section) by their parents or guardians in light agricultural or horticultural work;
(ia) the employment of children aged thirteen years (notwithstanding anything in paragraph (a) of the last foregoing subsection) in categories of light work specified in the byelaw;
(ii) the employment of children (notwithstanding anything in paragraph (b) of the last foregoing subsection) for not more than one hour before the commencement of school hours on any day on which they are under obligation to attend school;
(b) prohibiting absolutely the employment of children in any specified occupation;
(c) prescribing-
(i) the age below which the children are not to be employed;
(ii) the number of hours in each day, or in each week, for which, and the times of a day at which, they may be employed;
(iii) the intervals to be allowed to them for meals and rest;
(iv) the holidays or half-holidays to be allowed to them;
(v) any other conditions to be observed in relation to their employment;
so however, that no such byelaws shall modify the restrictions contained in the last foregoing subsection save in so far as is expressly permitted by paragraph (a) of this subsection, and any other restriction contained in such byelaws shall have effect in addition to the said restrictions.
(2A) In this section-
“light work” means work which, on account of the inherent nature of the tasks which it involves and the particular conditions under which they are performed-
(a) is not likely to be harmful to the safety, health or development of children; and
(b) is not such as to be harmful to their attendance at school or to their participation in work experience in accordance with Section 123 of the Education (Scotland) Act 1980, or their capacity to benefit from the instruction received or, as the case may be, the experience gained;
“week” means any period of seven consecutive days; and
j:deirdre\byelaws “year”, except in expressions of age, means a period of twelve months begi 1”’ January.
(3) Nothing in this section, or in any byelaw made under this section, shall prevent a child from doing anything-
(a) under the authority of a licence granted under this Part of this Act; or
j:deirdre\byelaws APPENDIX B
THE CHILDREN (PROTECTION AT WORK) REGULATIONS 1998
EXPLANATORY NOTES FOR
BYELAWS WITH RESPECT TO THE EMPLOYMENT OF CHILDREN
THE MORAY COUNCIL
The byelaws with respect to the employment of children follow the style commended by the Scottish Office in SOEID Circular 3/1998. That circular indicated that the adoption of this byelaw was not mandatory, but in the interests of consistency the format was commended to Education Authorities as the one to follow, irrespective of any changes to the detail which they may introduce to reflect local circumstances.
What follows is an explanatory note of any sections of the byelaws which have been altered and the reasons for their alteration. The numerical reference is to the equivalent number in the byelaws.
2. These Byelaws are made under the Children and Young Persons (Scotland) Act 1937 Section 28 (as amended), which also contains the main statutory provisions relating to the employment of children. These Byelaws should be read in conjunction with those provisions (see Appendix).
Note: This section was added in for clarity. Much of what was originally contained in the former Grampian Regional Council byelaws is now contained in the amended Section 28 of the Children and Young Persons (Scotland) Act 1937. The byelaws would therefore be simpler to read and understand with easy reference to Section 28.
3. “continuous employment” means any period of employment in which there is no interval for a meal and rest or in which the interval for a meal and rest is less than one hour;
“non-school day” means a day on which the school last mentioned is not open
“school day” means a day in which the school wherein the child is enrolled is open (whether for the whole or part of that day) for a meeting at which attendance is compulsory;
Note: These were definitions originally contained in the former Grampian Regional Council byelaws. They are not contained in the amended Section 28. It is felt that the inclusion of suitable definitions helps to clarify the byelaws.
4b. To sell or deliver alcohol, except for delivery in sealed containers as part of a larger order agreed with a person over the age of 1B3.
‘LicensingGcotland) Act 1976 (as amended) Sections 68,72,73,90A & 97A j:deirdre\exp-notes The original prohibition relating to alcohol was felt to be inconsistent with the licensing laws. The original definition seems to suggest that persons under the age of 16 could sell or deliver for example cans of beer, bottles of wine, etc.
Under the licensing law this is not permitted and the only exception which would be consistent with the licensing law would be that given i.e. delivery in sealed containers as part of a larger order agreed with a person over the age of 18.
4c. To sell or deliver tobacco products except for delivery as part of a larger order agreed with a person over the age of 164.
w: As with 4 above it would seem to be inconsistent to allow the sale of cigarettes by persons under the age of 16, where they are not allowed to buy them. This could place temptation in the way of a person under the age of 16 who may be put under peer pressure to sell cigarettes to their friends who are also under the age of 16. Given recent publicity regarding the use of tobacco products, it is felt that this should be prohibited.
4d. To sell supply or deliver fuel oils.
Note: It is felt that if there is any danger in the delivery of fuel oils, this would equally apply to the sale or supply of them, The sale and supply was also previously covered under the former Grampian Regional Council byelaws.
4e. Any commercial kitchen (e.g. a kitchen forming part of any food processing factory or outlet, hotel, cooking shop, cafb, restaurant or fast food outlet).
Note: The definition of commercial kitchen was not entirely clear from the very basic statement in the model byelaws. It is felt that some examples require to be given for clarity and that those given cover most eventualities.
4f. to collect or sort refuse or in or about any premises where refuse is collected, sorted or sold.
Note: Again employment in or about any premises where refuse was collected, sorted or sold was included in the former Grampian Regional Council byelaws. Presumably the reason for this prohibition is the health hazard inherent in the collection or sorting of refuse. This would equally apply to employment in or about any premises where refuse is collected, sorted or sold.
40. employment connected with gaming or betting.
Note: This was added in as the paragraph included in the model byelaws only appears to relate to gaming machines. In the interests of young children, they
“Children and Young Persons (Scotland) Act 1937 Section 18 as amended j:deirdre/exp-notes should not be employed in any connection with gaming or betting whether it be related to machines or otherwise.
4% in the personal care of residents of any residential care home or nursing home unless under the supervision of a responsible adult
4r. employment in driving, feeding or attending to animals in any auction market
4s. employment in or about a coal store or yard
4t. employment as a lift operator
4u. employment connected with clearing or sweeping chimneys
4v. employment in or about any fish curers premises, fish processors premises or fish market
4w. employment in or about any stone merchants yard or premises
Note: These are all paragraphs which were contained in the former Grampian Regional Council byelaws. They are activities which are common in Moray and in which employers may be tempted to employ children under the age of 16. They are felt to be dangerous to young children. They are not included in the model byelaws.
6g. in a cafk or restaurant (this does not include the kitchen - see paragraph 4(e)).
Note: It was felt that the original wording of this left this particular section open to misinterpretation and that the cross reference to pamgraph 4(e) would avoid any such confusion.
6h. Wrapping and packaging work (this does not include wrapping and packaging of any items, the handling of which would otherwise be within the categories of prohibited employment).
Note: This was an area of employment suggested for 13 year olds as a result of the informal consultation. It has to be clear however that the items which are being wrapped and packaged are not items which children would otherwise fall within the categories of prohibited employment such as meat, fish or adult material.
6. agricultural or horticultural work
For the avoidance o.f doubt this does not permit children to operate tractors or other agricultural machinery
Note.-f This is added in to trv to avoid the worst dangers of this tvDe of work. 8. Subject to the other provisions of these Byelaws, no children may be employed on any school day for more than one hour in the morning before the commencement of school hours.
Note: This reflects the position as it was under the former Grampian Regional Council byelaws.
10. Before employing a child, the employer must send to the Authority . . .
Note: The original wording was “within one week of’. It was suggested as part of the informal consultation that this would leave a loophole whereby a child found to be employed without a permit could indicate that they had only been employed within the last week. If a permit is a pre-requisite for employing a child, no such excuse would be appropriate.
The crossover with Health and Safety Regulations has also been added for clarity.
22. Suspension of permit
A licence granted in respect of a child shall be suspended during any period when:
a. the child is excluded from the school wherein that child is enrolled
b. the child is exempted from attendance at the school wherein that child is enrolled
C. the child is prevented from attending the school wherein that child is enrolled by reason of illness or contact with an infectious or contagious disease
d. or the Council think fit.
Note: This paragraph has been adopted entirely from the former Grampian Regional Council byelaws. It was felt on a reading of the model byelaws, that there was no provision for the suspension of a permit and that this was a gap which should be filled. The wording remains exactly as it was in the former Grampian Regional Council byelaws.
Deirdre McNab Solicitor The Moray Council APPENDIX -c MEMORANDUM
TO: Deirdre McNab, Solicitor F.A.0:
FROM: Donnie Mackay, Environmental Health Manager Contact:
DATE: 9 February, 1999
SUBJECT: By-Laws and the Employment of ChiIdre
OUR REF: DM/MAS YOUR REF:
I refer to your email which I received on 3rd FebruLA”i‘i399 Iregarding the above mentioned subject and as discussed I would make the following comme:nts:-
1. The Environmental Health Section administers Street Traders Licences issued in terms of the Civic Government Scotland Act 1982 and I would suggest that the definition of street trading on page 2 of the By-laws should be the same as the definition in terms of the Civic Government Scotland Act 1982.
At Item 19 on page 6 the Environmental Health Section could possibly refuse to grant a licence to a child if the employment would be prejudicial to health and welfare but it is doubtful whether we could determine if the employment would be prejudicial to his/her ability to take full advantage of his/her education. At the present time copies of street traders licence applications are sent to the Chief Constable for comments but I see no reason why we could not send copies of applications from children to the Education Department for their views regarding any effect on their education.
Item 20 on Page 6 will require to be amended. A street traders licence can be valid for a period up to three years depending on when the application is received. Currently all licences expire on 3 1st March 2001. On renewal at that time they will be valid for three years. In terms of the Moray Council Conditions applicable to street traders licences there is no prohibition on Sunday working. I append for your information a copy of the Conditions.
2. Item 4(i) on page 3 - A dangerous machine is no longer defined in legislation, this was revoked by the Health and Safety (Young Persons) Regulations 1997.
3. Item IO(f) on page 5 - I would suggest that the following statement be added ‘and the key findings of the risk assessment have been provided to the parent/guardian in accordance with the Health and Safety (Young Persons) Regulations 1997’. < _ Page 2 9 February, 1999 TO: Deirdre McNab, Solicitor (FAO: )
I understand the role of the Environmental Health Section may be one of assisting the Police in enforcement of the By-laws by passing relevant information obtained during our enforcement work but I would welcome the opportunity to discuss this matter further. THE MORAY COUNCIL
The Civic Government (Scotland) Acf 1982
GENERAL CONDITIONS APPLICABLE TO STREET TRADERS LlCENCES
1. The applicant for a licence shall deposit with the Licensing Authority in addition to the fee #chargeable for the licence a sum specified by the Licensing Authority which shall be returnable on surrender of his licence. The licence shall normally last for a period of three years and shall be renewable on 1st April, 1992 and every third year thereafter. Applicants for licences during any three year period shall in addition to the deposit referred to pay a reduced fee to take account of the period from the date of application to the next renewal date.
2. The licence holder shall at ail times whilst he is engaged in street trading have in his possession a licence issued by the Licensing Authority and shall be required to exhibit his licence on demand. The licence holder shall not in any way alter his licence and shall when required produce it for examination by the Director of Technical & Leisure Services or any Police Ofi.cer.
3. Where any goods intended for sale by the licence holder are for human consumption the premises, stationary structure, stall or vehicle where the goods are stored and/or from where the goods are to be sold shall not be used for such sale until the premises, stationary structure, stall or vehicle, including any equipment used therewith, has been approved by the Director of Technical 8 Leisure Services and a certificate which states that the premises, stationary structure, stall or vehicle including any equipment used therewith complies with the provisions of the Food Hygiene Regulations currently in force, has been issued. Replacement vehicles and premises must be approved by the Director of Technical & Leisure Services as provided for above before they are used in connection with street trading.
4. Where the licence holder sells from a stationary structure or stall the said structure shall be of a form which can be speedily and easily removed.
5. The licence holder shall at all times when exercising his trade keep and maintain any premises, stationary structure, stall or vehicle or equipment used for the purpose of street trading in a clean and proper condition to tne satisfaction of the Director of Technical & Leisure Services and shall conduct his business in such a manner as to cause the least possible disturbance and annoyance to the public and occupiers of any premises. The licence holder shall comply with any order or instruction given by any Police Officer in the interests of law, good order or public safety.
6. The licence holder shall collect and remove any litter or other refuse which may be produced or rnay accumulate in the course of trading and shall not allow such litter or other refuse to be deposited on any footpath, street or anly adjoining property. Where the licence holder intends to trade or trades at any location for a period exceeding thirty minutes ,he shall place at the location a suitable receptacle for the deposit of litter by customers.
7. Except as otherwise directed by the Licensing Authority the licence holder shall not engage in street trading outwith the hours of 7am to 1 lpm or within fifty metres of any premises, stationary structure, stall or vehicle in which are sold or offered for safe aiiy goods or services of the same or similar class and description as those to be sold or offered flor sale by him. The Licensing Authority may in their sole discretion and on application direct that the terms thereof shall not apply to a licence holder in a particular street or locality or area or at any specified time but such a direction shall not be effective until it is endorsed on the licence.
8. On written notice by the Director of Technical 8 Leisure Services being given to the licence holder that he has become unsuitable in respect of the unsatisfactory condition of his clothing or person or that the premises, stationary structure, stall, vehicle or equipment is unsuitable or that the business is not being conducted In accordance with these conditions the licence holder shall be required to immediately cease trading until the cause of complaint is remedied to the satisfaction of the Director of Technical 2 Leisure Services and the said notice is withdrawn. Any such notice requiring cessation of trading shall be reported to the Licensing Authority at the earliest opportunity.
9. If the licence holder wishes to cease trading for the unexpired period of his licence or his licence is suspended by the Licensing Authority or if his licence has expired he shall within three days thereafter delivery his licence ,to the Director of Technical 2 Leisure Services. Failure to do so may result in the deposit referred to in paragraph 1 above being forfeited.
10. The granting of a licence shall not relieve the licence holder of the responsibility to comply with ,311 Statutory provisions and to obtain (if necessary) and comply with all other approvals required from The Moray Council or any other appropriate authority.
INTERPRETATION
(1) In the foregoing conditions the Licensing Authority shall be the Council for the District of Moray but the said Council have agreed that all powers exerciseable under the Civic Government (Scotland) Act in respect of street trading be exercised on their behalf by the Technical 8 Leisure Services Committee of the Council.
12) In the foregoing Conditions all powers exerciseable by the Director of Technical 8 Leisure Services shall be exerciseable by his Depute and all other members of his staff authorised by him for that purpose.
ITEM: d 7
PAGE. 1
REPORT TO: THE MORAY COUNCIL ON 18 FEBRUARY, 1999
SUBJECT: TREE PRESERVATION ORDER: CRAIGELLACHIE
BY: LEGAL AND ADMINISTRATION SERVICES MANAGER
1. Reason for Report
1.1 To invite the Council to consider approving the enactment of a Tree Preservation Order (TPO) in respect of the woodland area adjacent to the Telford Bridge, Craigellachie (see attached map) as recommended by the Economic Development & Planning Committee, at its meeting on 9 February, 1999 following consideration of comments received during the consultation process.
2. Background
2.1 The Economic Development & Planning Committee on 8 September, 1995 (para. 26 (a) of the Minute refers) agreed to serve a provisional TPO on the owners. Advertisements were also placed in the local press inviting representations.
2.2 Following the serving of the provisional TPO, no objections or representations were received concerning the overall objective of the Order.
3. The Proposals
3.1 That the Council approves the enactment of the TPO in respect of the woodland area adjacent to the Telford Bridge, Craigellachie, as recommended by the Economic Development & Planning Committee.
4. Financial and Staffing Implications
4.1 There are no financial or staffing implications arising from this matter.
5. Environmental Implications
S.1 Confirmation of this TPO will maintain the high quality landscape and environment of this area. ITEM: 27
PAGE: a
6. Consultations
6.1 Councillor Anna Scott and Aileen Scott, Principal Solicitor (Commercial and Conveyancing) were consulted in regard to the report to the Economic Development & Planning Committee and were in agreement with the recommendations of the report.
7. Recommendations
7.1 That the Council approves the enactment of the TPO in respect of the woodland area adjacent to the Telford Bridge, Craigellachie, as recommended by the Economic Development & Planning Committee.
Author of Report: R. Harris, Administration Officer in consultation with Gary Templeton, Planning Officer - Ext. 3470 Background Papers: Report to and decision of ED&P Committee 18/2/99 Ref: RH/AT
Signature: c,b.
Designation: Leaal and Administration Services Manager Name: Roderick D. Bums
h:\pl;mning&ports\tpocmig r .-c I” ._ _.-.. ,_ ‘. __.’ _. ~ ..- ___-.” __d :// / ,______..-. __---.-.. / 1;: 7 _.__... , r __._._._.-.-~-’ . . . ..-.--. __.-- / 1’ ..4‘/ It \ ..: ‘-. _. a q- Y’... _...... _._ _..__.“..___,/ ’ ?jm _\_I 1, \I
‘t Jj.Srn
~~
ITEbf: z’ic
PAGE: 1
REPORT TO: THE MORAY COUNCIL ON 18 FEBRUARY, 1999
SUBJECT: ROAD TRAFFIC ORDERS
BY: LEGAL AND ADMINISTRATION SERVICES MANAGER
1. Reason for Report
1.1 To invite the Council to consider approving the enactment of the following Road Traffic Orders, as recommended by the Economic Development & Planning Committee at its meeting on 9 February, 1999 following consideration of comments received during the consultation process:-
(a) Forres: Burdshaugh - Fleurs Place, Ford Stopping-Up; and
(b) Aberlour: Queens Road and Mary Avenue Waiting Restrictions.
2. Background
2.1 Reference is made to the Minutes of the Economic Development and Planning Committee meetings dated 8 September, 1998 Stopping-up Order-Ford at Burdshaugh, Forres - Mosset Bum (para. 18 refers) and Economic Development and Planning Committee meeting dated 29 September, 1998 Aberlour: Queens Road and Mary Avenue Waiting Restrictions (para. 17 refers) whereon the Council gave approval to the Legal and Administration Services Manager to proceed with the statutory process.
1.133 A Road Traffic Order is required to stop-up the road which creates the ford between Burdshaugh and Fleurs Place at the Mosset Bum given that the road has become unnecessary as suitable alternatives exist and the Order will enable a bank to be formed on the east side of the burn in order to increase the safety margin and the prevention of flooding at Burdshaugh.
2.3 A Road Traffic Order is required to promote no waiting at any t.ime on part of Queens Road and Mary Avenue, Aberlour .
3. The Proposals
3.1 That the Council approves the enactment of the above stated Road Traffic Orders at Forres and Aberlour as recommended by the Economic Development & Planning Committee. PAGE: d
4. Financial Implications
4.1 The cost of implementing the proposed Aberlour Waiting Restriction Traffic Order will be met from the capital allocation of the new signing and lining budget 1995/99. The cost of implementing the stopping-up of the ford at Burdshaugh will be met from the reserve flood prevention budget.
.i . Staffing Implications
5.1 There are no staffing implications arising from this matter.
6. Environmental Implications
6.1 Confirmation of these Road Traffic Orders will maintain the high quality landscape and environment of this area.
7. Consultations
7.1 Consultations have taken place with the local Members and Grampian Police, all of whom agree with the proposals.
7.2 The proposals were advertised and no objections were received.
8. Recommendations
8.1 That the Council approves the enactment of the following Road Traffic Orders, as recommended by the Economic Development & Planning Committee:-
(a) Forres: Burdshaughmleurs Place Ford Stopping-Up; and
(b) Aberlour: Queens Road and Mary Avenue Waiting Restrictions,
Author of Report: R. Harris, Administration Officer in consultation with Gary Templeton, Planning Officer - Ext. 3470 Background Papers: Report to and decision of ED&P Committee 1 S/2/99 Ref: RH/AT L>8/. Signature: r Designation: Lecal and Administration Services Manaoer Name: Roderick D. Bums APPENDIX A
_-- ___““_ 1 I __--- __-- I ’ __“-- \ ,. c+ ___“-- > , ,__--- , , , 1 d0L-l-.. T 1-v ..;; 0 _ /
‘___““. :c q,. .z ____“- I -4 .’ ,.- ,’ ,’ .’ 4 *- *’ #’ l , a ,: I I ,, ‘, l C 4 ,’ ; ‘. _____ : ,’ - \ 1 i ii : ; r I ,h: :
‘J f--J,_‘, :Y/7, 113tllS H3lH _____~ m_____- ___-----,,_, -_(_L),_____-, s~_y______;__, ~+"------~ :y- \ . .____(I, t I /-i l_’ WAITING RESTRICTIONS, ABERLOUR
QU-EENS ROAD Both Sides
From 15m south-east of High Street (A95 trunk) to 10 metres south- east of Mary Avenue.
Both Sides
From 10 south-west of Queens Road to 10 metres north-east of Queens Road
GEB/JDS/FLD/Rf61 PAGE: I
REPORT TO: THE MORAY COUNCIL ON 18 FEBRUARY, 1999
SIJBJECT: SALTIRE SOCIETY: CORPORATE MEMBERSHIP
BY: LEGAL AND ADMINISTRATION SERVICES MANAGER
1. Reason for Report
1.1 To invite the Council to consider renewal of subscription for corporate membership of the Saltire Society for the year 1998/99 at a cost of &120 (including VAT).
2. Background
2.1 Reference is made to the meeting of the Economic Development & Planning Committee on 2 December, 1997 (item 8 of the Minute refers) at which it was recommended that the Departments of Education and Technical & Leisure Services be approached to consider contributing one third each towards the cost of corporate membership with the remaining one third being met from the Economic Development & Planning Department’s 1997198 revenue budget. This was subsequently approved by Full Council on 11 December, 1997 (para. 18 of the Minute refers).
2.2 A letter dated 22 December, 1998 was received from the Saltire Society advising that renewal of subscription was due in January, 1999.
2.3 The Saltire Society was founded in 1936 to encourage everything that might improve the quality of life in Scotland and restore the country to its proper place as a creative force in European civilisation.
2.4 It is understood that the Society seeks to preserve all that is best in Scottish tradition and to encourage new developments which can strengthen and enrich the country’s cultural life. It has wide ranging interests including history, literature, music, drama, architecture and planning and promotes excellence in many fields through a series of national awards.
2.5 The Society also aims to revive the memory of famous Scats and to make the nation conscience of its heritage and seeks to influence decision makers in Scotland through its four key Committees covering education, performing arts, publications and planning and the environment. As well as working at national level the Society has members in branches throughout Scotland working to promote Saltire aims within their own communities. ITEM: a’l
PAGE: 2
2.6 Prior to Local Government re-organisation the Moray District Council were corporate members of the Society.
2.7 Whilst the Society has wide ranging interests including history, literature, music and drama the former District Council’s involvement related more to architecture, planning and environment, hence the initial request for renewal of membership being placed before the Economic Development & Planning Committee for consideration.
3. The Proposals
3.1 That the Council consider renewal of subscription for corporate membership of the Saltire Society for the year 1998/99 at a cost of &120 (including VAT) and if so disposed the cost to be met by way of equal contributions from the Departments of Economic Development & Planning, Education and Technical & Leisure Services.
4. Financial Implications
4.1 The cost of corporate membership is 2120 (including VAT) which can be met from existing budgets.
5. StaffIn and Environmental Implications
5.1 There are no staffing or environmental implications arising directly from this report.
6. Consultations
6.1 The Directors of Economic Development & Planning, Technical & Leisure Services and Education have been consulted and have intimated that there are tinds left in the Department’s 1998/99 annual subscription/memberships budget.
7. Recommendations
7.1 That the Council consider renewal of subscription for corporate membership of the Saltire Society for 1998199 at a cost of $120 (including VAT) and if so disposed the cost to be met equally by the Departments of Economic Development & Planning, Education and Technical & Leisure Services.
Author of Report: R. Harris, Administration Officer Background Papers: Ref: RHJAT
Signature:
Designation: Legal and Administration Services Manager Name: Roderick D. Bums ITEM: 30
PAGE: 1
REPORT TO: FULL COUNCIL ON lSTHFEBRUARY 1999
SUBJECT: COMMUNITY COUNCILS - FILLING OF VACANCIES
BY: LEGAL & ADMINSTRATION SERVICES MANAGER
1.0 Reason for Report
1.1 To invite the Meeting to consider representations from the undernoted Community Councils to fill vacancies.
2.0 Provisions of Community Councils
2.1 The Community Councils Scheme provides that where a vacancy occurs, the Council will consult with the Community Council concerned and thereafter proceed to:-
(i) Fill the vacancy in accordance with the rules; (ii) Co-opt a member to the Community Council; or (iii) Leave the vacancy unfilled.
3.0 Lossiemouth Community Council
3.1 The membership of Lossiemoutb Community Council is twelve and there are currently five vacancies remaining unfilled.
3.2 The Community Council has written requesting that consideration be given to co- opting additional members.
4.0 Keith Community Council
4.1 The membership of Keith Community Council is ten and there are currently five vacancies remaining unfilled.
4.2 Community Council has requested that arrangements be made to hold an election to fill the vacancies.
5.0 Dyke Landward Community Council
5.1 Members will recall that at its meeting on 17” December 1998, the Council agreed to take no action on a request from Dyke Landward Community Council that the vacancy be filled by co-option. ITEM: 30
PAGE: 2
5.2 Prior to the meeting on 18” December, the Community Council had made a verbal approach regarding the possibility of co-opting an additional member to fill the vacancy and this had been acted upon hence the report going to the meeting of 18”’ December.
5.3 The Community Council has now applied formally and has put the following points to the Council for consideration:-
l Dyke Landward Community Council comprises seven members with a quorum requirement of four.
l Currently one member has moved temporarily out of the area and has tendered his resignation, though he has indicated his intention of returning to the area within “ a few months” and has requested that he be reinstated at that time. Another member is very ill and unable to attend meetings. This makes its effectiveness as a Community Council very difficult and means that if two of the remaining members are absent its quorum is not achieved at meetings. l A candidate at a previous election who subsequently withdrew in order to avoid the expense of an election has expressed her continuing interest in joining the Council and in the opinion of the remaining members she would make an effective representative for an unrepresented geographical part of the scattered Council area. l In the light of the above this Council requests Moray Council that she be co- opted onto the Council.
5.4 The Meeting would require to suspend Standing Orders were it disposed to reconsider the question of approving a co-option onto Dyke Landward Community Council. However, the Meeting could consider the other option for filling the vacancy i.e. by direct election.
6.0 Burghead Cummingston and Roseisle Community Council
6.1 Membership of Burghead Curnmingston and Roseisle Community Council includes the appointment of two representatives from Roseisle one of whom has resigned.
6.2 The Community Council wish to fill the vacancy.
7.0 Proposal
7.1 In the light of the Councils’ previous decision of 18” December 1998 not to fill a vacancy on Dyke Landward Community Council by co-option, the Meeting is invited to consider assisting the Community Councils concerned to increase their respective memberships by authorising the filling of the vacancies to proceed by direct election.
8.0 Financial Implications
8.1 Where it necessary to proceed to hold a Poll to fill any of the vacancies there would be a cost of approximately ;E2OO/f300 per Community Council which could be met from the budget provision for Community Councils. ITEM: 30
PAGE: 3 9.0 Environmental & Staffing Implications
9.1 There are no environmental implications and any staffing implications arising from the requirement to hold elections could be met from within the existing staffing resources.
10.0 Consultations
10.1 It is anticipated that the Local Members concerned will comment on the proposals at the Meeting.
11.0 Recommendations
11.1 The Meeting is recommended to consider representations received on behalf of Lossiemouth, Keith, Dyke Landward and Burghead Cummingston and Roseisle Community Councils in regard to the filling of vacancies and to determine how it wishes to proceed in this matter.
Author of Report: Alistair Fanning, Principal Administration Officer Background Papers: Ref: AFICM
Signature:
Designation: Legal & Administration Services Manager Name: Roddy Burns
PAGE: I
REPORT TO: THE MORAY COUNCIL ON 18 FEBRUARY, 1999
SUBJECT: COSLA APPOINTMENTS TO THE WATER AUTHORITY
BY: THE DEPUTE CHIEF EXECUTIVE (CORPORATE SERVICES)
1. Reason for Report
1.1 To invite the Council to consider an invitation from COSLA to put forward nominations for up to two Members as candidates for forthcoming vacancies in the three Scottish Water Authorities (North, West and East).
2. Background
2.1 The Convention of Scottish Local Authorities (COSLA) has received an invitation from the Scottish OffIce for the nominations of COSLA members as candidates for selection on to one of the three Scottish Water Authorities. This is due to certain members on the Water Authorities coming to the end of their elected terms in June, 1999.
2.2 Each Water Authority has twelve members. There will be 15 vacancies (roughly half of the present number) from 1 July, 1999. Details of the number of vacancies arising in each of the Authorities are attached to this Report as APPENDIX A.
,.s7’ Each Council may make up to two nominations of their Councillors who meet the criteria in terms of knowledge and experience relevant to the work of the Water Authorities and these should be detailed when the nominations are submitted. Nominations should reflect the political balance of each Council in order to ensure appropriate representation of all parties on the Water Authorities.
2.4 A guide to Appointment procedures and Additional Information for Applicants are attached to this Report as APPENDICES B and C respectively.
2.5 Nominations are to be received by COSLA no later than Friday 19 February, 1999. Any nominations submitted after that date will not be considered.
2.6 The terms of newly elected members will commence on 1 July, 1999.
II:‘IcfCOI :NCII.~11EI’OII1‘S’cosl;llXO2.doc 3. The Pronosal
3.1 It is proposed that the Council consider an invitation from COSLA to put forward nominations for up to two Members as candidates for the forthcoming vacancies in the three Scottish Water Authorities (North, West and East)
4. Financial, Stafflng and Environmental Implications
4.1 There are no financial, staffing or environmental implications arising from this Report.
C.5 Consultations
5.1 None
6. Recommendations
6.1 It is recommended that the Council consider an invitation from COSLA to put forward nominations for up to two Members as candidates for election to the Scottish Water Authorities, details of which are attached to this Report as APPENDICES A, B and C.
Author of Report: Raymond Harris, Administration Officer Background Papers: Correspondence from COSLA dated 5 and 22 January, I999 Ref h:\mcouncil\reports\cosla 1802. dot
Signature: \ hc &I @+&s&44 &43 ‘knw + Designation: The Depute Chief Executive (CorDorate Services) Name: Karen B. Williams
II:\IcfC0I JNCII,‘\REPC~RTS\cosla1X02.doc APPENDIX A
WATER AUTHORITIES - ELECTED MEMBERS WHOSE TERMS END JUNE 1999 (detailed in bold)
NORTH (6 VACANCIES) ---.v_..~III,c. Councillor Raymond Bisset Aberdeenshire Independent Councillor Nigel Graham Highland Conservative Councillor Olwyn Macdonald Highland Independent Councillor Donald Nicholson Comhairle nan Eileen Siar Independent
CONTINUING COUNCILLORS Councillor Colin Rermie Dundee Labour Councillor Joan Easten Shetland Independent
WEST (5 VACANCIES)
Councillor William Petrie Argyll and Bute Independent Councillor Leslie Rosin East Renfrewshire Conservative
CONTINUING COUNCILLORS Councillor Gerald Carroll Glasgow Labour Councillor David MUM North Ayrshire Labour
EAST (4 Vacancies)
Councillor Ian Galloway Scottish Borders Independent Councillor Ian Berry Edinburgh Conservative
CONTINUING COUNCILLORS Councillor Robert Cairns Edinburgh Labour Councillor Jeanette Bumess Falkirk Labour Councillor Thomas Dair Fife Labour Councillor Ann Dickson Stirling Conservative
na1999512es
APPENDIX 1
<---II
THE COMMISSIONER FOR PUBLIC APPOINTMENTS
LEAFLET FOR NOMINATING BODIES his leaflet is intended as a guide to appointment T procedures for organisations who nominate candidates for appointments to Public Bodies which come within the remit of the Commissioner for Public
Appointments.
WHAT IS A NOMINATING BODY?
There are a wide variety of Public Bodies which, in order 10 carry out their responsibilities effectively, require the services of thousands of individuals with differing backgrounds, skills and experience. The introduction of the Commissioner’s Code and Guidance has prompted departments to seek a wider and more varied field of candidates than previously but the traditional methods of identifying potential appointees, such as inviting nominations from external bodies or organisations (“Nominating Bodies”), will continue to have an important role to play.
When a Ministerial appointment needs to be made to a Public Body, the department must consider whether the Secretary of State has a statutory duty either to accept a nomination from specified Nominating Bodies, or to consult those Bodies which are representative of certain professional groups or have interests relevant to the appointment due to be made. In cases where there is no statutory requirement, the Minister may wish the Board of a particular public body to include representatives from various interest groups, so the department may approach Nominating Bodies to invite them to put forward candidates. Alternatively, departments may simply wish to widen the field of suitably-qualified candidates for appointments to their Public Bodies, and will ask organisations active in the relevant areas to suggest names of interested individuals.
It is not necessary for organisations or their members to await an approach from a Minister or a departmental official before nominating candidates. As the Commissioner’s Code of Practice states, “it should always be possible for anyone to nominate anyone, including themselves...“. A Nominating Body may put forward candidates, or their members may make a personal application as an independent candidate. to a department at any time since most departments maintain lists oi potential appointees.
THE CODE OF PRACTICE
The Code of Practice for Public Appointments Procedures and the supplementary Guidance for departments, came into effect on 1 July 1996. Both are based closely on the recommendations of the First Report of the Committee on Standards in Public Life and represent best practice for selection procedures for all public appointments, whether or not they fall within the Commissioner’s remit.
The Code of Practice is based on seven mandatory Principles - ministerial responsibilit), - Ministers are ultimately responsible for appointments. appointment on merir - this overriding principle should govern all appointments. no appointment should take place without being subject to independent scrutiny. promoting equal opporttiniries. probity - appointees must be committed to the principles of public sex-vice and act with integrity. selection system must demonstrate openness and rrslnspnrerq. propottionality - procedures should be appropriate for the nature of the post.
Departments are required to follow the Code and Guidance but, in recognition of the diversity of public appointments, they are allowed some flexibility in how they apply the procedures to their individual bodies.
All appointments coming within the Commissioner’s remit are monitored by the Commissioner. This may take the form of an audit of a department’s procedures, including the decisions taken on individual appointments, to check compliance with the Code and Guidance. The Commissioner also investigates complaints from individuals about the process applied to any appointment made, whether or not they were applicants themselves. ,. .,Y .._:lr.I.c- 4 I’ip_ t,;4 31 ]F)GZ 7 HOW CAN NOMINATING BODIES H-
IMPROVE THE PUBLIC APPOINTMENTS
SYSTEM?
Nominating Bodies can play an important role in increasing the level of public confidence in the system of public appointments by reflecting the spirit of the Code in the procedures they apply internally to the selection of their nominees, irrespective of whether the Secretary of State has discretion under statute to accept or reject the nominee.
The Commissioner urges Nominating Bodies to put forward several nominees for consideration to departments to ensure that Ministers have a choice of suitably qualified and experienced candidates. The principles of openness, transparency and equal opportunities could be met by Nominating Bodies publicising amongst their membership the fact that nominees are being sought, and encouraging suitably- qualified individuals to put themselves forward for consideration. The consent of nominees should be sought in advance of their names going forward to departments and they should be willing to accept the responsibilities that go with the appointment.
DEPARTMENTS’ ROLE
As the first stage in an appointment process, the department should set out the role and objectives of the public body concerned, together with an outline of the balance of experience and competencies required at Board level to ensure that the Body is effective. Job descriptions and a summary of the key qualities sought must also be agreed before the search for candidates begins. These details will be included in the information packs departments put together for applicants. Nominating Bodies will find this information helpful in identifying suitably-qualified candidates from amongst their membership or their wider contacts. &l nominees must receive their own information pack prior to their nomination going forward. Information about the department’s own selection procedures should also be made available, if required. Unless required by Statute. nommrrs are not ,SU appointment but the more closely their skills and exzcricncc match the specified criteria for the post. the better their chance of success. The Commissioner requires departments to ensure that all candidates. whether nominees or from other sources. are treated in a consistent manner, including being subject to independent scrutiny and the requirement to declare certain information such as recent political activity.
All appointments are publicised and the department must be able to demonstrate that successful candidates met the specified criteria for the post and that they were appointed on merit. It is therefore essential that all nominees. as well as other candidates. complete the appropriate application form included in the Information Pack. mether or not they are representative of particular interest groups or are being considered for appointment as individuals, candidates must be committed to the achievement of the Public Body’s objectives and to working within the policy and resources framework set by the Minister.
NOMINATIONS
Statutory Rights of a Nontinating Body A Nominating Body which has a statutory right to have a representative on the Board of a public body must ensure that their nominees meet the criteria laid down for the appointment. The Secretary of State may ask for an alternative name if the original nominee(s) does not meet the criteria. If there is a statutory right of consultation, the department may consult the Nominating Body about a candidate who is one of their members but who was not nominated by them. The Nominating Body cannot veto the candidate, but may be given the opportunity to put foMrard alternative names depending on the stage that the appointment procedures have reached.
Feedback on unsuccessful candidates If their nominee is not appointed, a Nominating Esody may wish to know why. Whilst departments should always willingly offer a Body general advice on making nominations, feedback on any aspect of a nominee’s application should, on the grounds of privacy, only be given to the applicant, unless the applicant consents to it being passed on. It should be recognised that in many cases such reports may be limited to saying that other candidates performed better at interview or were considered co be more appropriately experienced or qualified.
Personal applicatiortsfrotn Nominating Bodies’ nlernbers Some Nominating Bodies believe that applications from their members should only be accepted through their organisation. The Commissioner cannot agree to the exclusion of any individual application received direct by the department concerned. Clearly this strengthens the view that a nominating body’s internal procedures for selecting its nominees should be extensive in order to attract all potential candidates from amongst its membership.
IN SUMMARY
This leaflet is intended as a guide for Nominating Bodies - not as a direction. Departments may wish to issue their own guidance detailing the procedures they will follow with their own Nominating Bodies.
Nominating Bodies should be provided with all appropriate information relating to vacancies, including the competencies required by the Department.
In the spirit of the Code, the Commissioner encourages Nominating Bodies to put forward more than one nominee and to keep their members informed of - n possible vacancies; n their own internal procedures; and n the procedures used by the Department filling the vacancy.
If you have any queries about this leaflet or would like more information about the role of the Commissioner or copies of OCPA’s publications, please contact the: Office of the Commissioner for Public Appointments Horse Guards Road LONDON SWIP 3AL. Tel: 0171 270 6032 Fax: 0171270 1981 Email: [email protected] Web site: www.open.gov.uk/ocpd
October 1998 APPENDIX C C!ZSLA Promoting Scofrish Local Government
22 January 1999
To: Chief Executives Our Ref: P/l O-MD&IT (P3 l/l) -
Dear Colleague
APPOINTMENTS TO WATER AUTHORITIES
I wrote to you on 5 January advising that the Scottish Office has invited COSLA to nominate candidates for forthcoming vacancies to the three Water Authorities. I now enclose additional information for applicants.
I understand that the vacancies will be advertised in newspapers today and Sunday 24 January. As previously indicated, nominations should be received by COSLA by Fridav 19 Februarv after which date I am afraid they will not be able to be considered. In view of the Scottish Office’s timescales, the nominees put forward by COSLA will then be asked to complete an application form and return it direct to the Scottish Office.
Yours sincerely
Doug&s Sinclair Chief Executive
Enc
WHEN CALLING PLEASE ASK FOR: Mary Dinsdale (013 1 474 9264) [email protected] lal9991217ht 4 MD Convention of Scottish Local Authorities Rose&y House 9 Haymarker Temce Edinburgh EH12 5XZ Telephone 0131474 9200 Fax Of31 474 9292 Internet www.cosla.gov.uk DX No. ED407 Edinburgh
APPOINTMENT OF WATER AUTHORITY MEMBERS ADDITIONAL INFORMATION FOR APPLICANTS
Background
1. On 1 April 1996 the Government transferred responsibility for the provision of water and sewerage services in Scotland from local authorities to 3 public water and sewerage authorities. The Local Government etc. (Scotland) Act 1994 established these new Authorities. It also established a separate Customers Council.
2. On 16 December 1997, the Secretary of State for Scotland announced the outcome of the Government review of the water industry in Scotland. The Government would introduce new regulatory arrangements with a professional regulator with operational independence to identify the level of prices needed to fimd investment and the achievable path of efficiency gains. Water Authorities would be required to be responsive to local concerns and to consult fully with local authorities, customers and other local interests. The Scottish Parliament would become the focus for democratic accountability.
3. The Authorities broadly cover the north, east and west of the country (see enclosed map). Our normal expectation is that a member of an Authority will reside in its area. The headquarters of the 3 Authorities are located in Inverness, Edinburgh and Glasgow. Each Authority comprises between 8 and 12 members including the Chairman and the Chief Executive.
Qualities Sought
4. The 3 public Water Authorities are very large scale businesses, Lvith annual expenditure in the range of f180 million to f300 million, staff of between 1,900 and 2,650 and capital investment plans amounting to some f 1.5 billion in the next 3 years. Members must have knowledge or experience relevant to helping run such a large Water -4uthority. However, such knowledge and experience need not be limited to the water industry as such. It might include:
local authority councillor or other public position which necessitated decision- making about the provision of a major service to the public
specific experience of the water and sewerage industry (as supplier or user)
industrial and commercial management
public or private sector finance
law and administration
engineering
personnel and development
CMP00206.019 1 5. Desirable qualities, whatever the particular background, are:
experience of senior positions in the public or private sectors, preferably at Board or equivalent (eg local authority Committee) level
strategic outlook
commitment to public service
commitment to customer service
integrity
objectivity
ability to work in a team
familiarity with large scale investment decisions.
6. The role of members is to bring their independent judgement to bear on issues of strategy, management of resources and standards of service and conduct within the Authority.
7. In particular, members will be collectively responsible for:
agreeing and implementing the broad strategy of the Authority. The strategy must be consistent with its statutory obligations, management and financial memoranda and any guidance or directions given by the Secretary of State
ensuring that the Authority meets all requirements of propriety and value for money
ensuring standards of service to customers
agreeing and implementing the annual Corporate Plan
agreeing the proceedings of the Authority
monitoring the Authority’s performance against performance indicators
assisting in the arrangements for the appointment of Executive staff.
8. Communication between the board and the Minister of the sponsor Department will normally be through the Chairman except where the board has agreed that an individual member should act on its behalf. Nevertheless, an individual member has the right of access to the Minister on any matter which he or she believes raises important issues relating to his or her duties as a member of the board. In such cases the agreement of the rest of the board should normally be sought. The main point of contact between the body and the sponsor
CMPOO206.019 Department on day-to-day matters will normally be the Chief Executive or another member of staff who is authorised to act on behalf of the body.
Public Sector Values
9. Public bodies and their boards must at all times
observe the highest standards of propriety involving impartiality, integrity and objectivity in relation to the stewardship of public funds and the management of the bodies concerned
maximise value for money through ensuring that services are delivered in the most economical and efficient way, within available resources, and with independent validation of performance achieved wherever possible
be accountable to Parliament (when established, the Scottish Parliament), users of services, individual citizens and staff for the activities of the bodies concerned, their stewardship of public funds and the extent to which performance targets and objectives have been met
in accordance with Government’s policy on openness, comply fully with the principles of the Service First Initiative (formerly the Citizen’s Charter) and the Code of Practice on Access to Government Information
Appointment Procedure
10. We shall appoint members following the procedures laid down in the Guidance issued by the Commissioner for Public Appointments. The overriding principle governing appointments is of selection based on merit. The process includes independent assessment and interview of potential candidates. We expect the whole selection process will take around 5 months, with the successful applicants taking up appointment on 1 July 1999. No appointments will be made prior to the elections to the Scottish Parliament on 6 May. Appointments will be for a fixed period of up to 4 years, with the possibility of subsequent re-appointment. There will be vacancies for 4 members in the East Authority, 5 members in the West Authority and 6 members in the North Authority.
11. Being a member requires a time commitment of 2-3 days per month. Payment is currently f6,570 per year (f6360 in the West), plus expenses, and will be subject to uprating.
12. Before appointing a person as a member of an Authority, we need to be sure that that person has no conflicting interests, health problems or criminal convictions likely to prejudice their performance as a member.
13. Members will be free to hold other appointments, provided that they can continue to devote the required time to the Authority’s business and that such appointments are not incompatible with their membership of the Authority.
CMP00206.019 3 14. The House of Commons Disqualification Act 1975 applies in respect of appointments to the Water Authorities. This disqualifies members under Parliamentary Election Rules fi-om seeking election to the House of Commons or to the European Parliament. Should, however, a member wish to stand for Parliament, they must resign from membership at the same time as they submit their nomination papers to the Returning Officer. It is expected that similar disqualification provisions will apply for the Scottish Parliament. Subordinate legislation will shortly be made to bring this into effect. Further notes of guidance on political activities are attached.
Completed applications
15. Please return your completed application form to Miss Catherine M Pringle, The Scottish Office, AEFD.Env - Water Services Unit, Area l-J, Victoria Quay, Edinburgh, EH6 6QQ by Friday 19 February 1999. Should you have any queries on any part of the appointment process do not hesitate to contact Miss Pringle at telephone number 013 1 244 0257, fax 0131 244 0259, e-mail: [email protected].
CMF’OO206.019 4 ‘f ‘
Appointment Of Chairmen
16. Under the current legislation we must appoint Chairmen of the Authorities from within the membership. You are therefore also asked to indicate on the application form whether, at any stage in the future, you would be interested in being considered for a position as Chairman.
17. Chairmen play an important role in the Authorities, being responsible for the overall strategy in respect of investment, operations and customer relations. They will work closely with their Chief Executives in a non-executive role.
18. Chairmen should possess the following attributes:
substantial public or private sector experience, preferably at Chairman level
effective ambassadorial skills
ability to develop a clear vision of the future of the public utilities
proven leadership qualities
ability to command respect, inspire and motivate both within the Board and within the organisation as a whole
19. We would normally expect the Chairman to be a resident of, or have a connection with, the relevant water authority area. He/she should also possess knowledge of mana,oement practices in the public sector.
20. The position of Chairman requires a time commitment of about 1% days per week for which remuneration of approximately f25,OOO - f26,OOO is paid.
CMPOO206.019 POLITICAL ACTIVITIES
Notes of guidance for members of public boards
1. Board members whether fill or part-time, are expected not to occupy paid party political posts or hold particularly sensitive or high-profile unpaid roles in a political party. Subject to that, part-time members are free to engage in political activities, provided that they are conscious of their general public responsibilities and exercise a proper discretion, particularly in regard to the work of the boards of which they are members. Full-time members of boards should abstain from all controversial political activities.
_.3 The restrictions in paragraph 1 above do not apply to local councillors or to Peers in relation to their conduct in the House of Lords. Separate guidance on the position of Peers is available on request.
3. Board members in the categories referred to in both paragraphs 1 and 2 should not make political speeches or engage in other political activities directly related to their work as a Water Authority member.
4. All members of boards should be free to maintain associations with Trade Unions, Co-operative Societies, Trade Associations etc to the extent that such associations do not conflict directly with the interest of the boards to which they belong.
5. Any member of a board who is doubtful about the application of these rules, or about the propriety of any political activity, should seek guidance from the Minister responsible for his board.
6. The foregoing rules apply equally to political activity on behalf of any of the political parties.
CMP00206.0 19 6 , .
_ SCOTTISH WATER AUTHORITY BOUNDARIES AND UNITARY LOCAL AUTHORITIES.
NE71 MCAL AUTHOFUTIE3 1 Aberdeen City 2 Aberdsaruhirs 3 AnPUl 4 Ar,&l and Rule 6 Scottlah Bordera 6 Clackmaananshire 7 West Dunbartoashirs 8 Dumfrisa and Cnlloway 9 Dundss City 10 Eaat A~rshlrs 11 East Dunbartonahire 12 East Lathian 13 East Rsnfrewshlre 14 City of Edinburgh 15 Falklrk 16 Fife 17 city of CIaBgor 16 HIghland 19 Inverclyde 20 MIdIothIan 21 Uorar North of Scotland 22 North Aymhlre Water Authority 23 North Lanarkshlre 24 Orkaay 26 Perth and Klnrors 26 Renfrenshlre 27 Shetland 28 South Ayrshire 28 south lanarkahlre 30 Stlrunn 31 wesst L&Ian 32 Western Islea
East of Scotland ’ Water Authority
West. of Scotland Water Authority
Water services provided by the East Sewerage services provided by the West -I 0 26 60 76 100 THE SCOTTISH OFFICE Geo ra hit Information Service bfFO%l&L3a, June 1997
ITEILI: 3 2
PAGE. I
REPORT TO: THE MORAY COUNCIL ON 18 FEBRUARY, 199!)
SUBJECT: CENTENNIAL OF THE SUBMARINE SERVICE: &-I COMMEMORATIVE POSTAGE STAMP
BY: DEPUTE CHIEF EXECUTIVE, CORPORATE SERVICES
1. Reason for Report
1.1 To seek the Council’s support for a commemorative stamp issue in 200 1 to celebrate the centenary of the Roy$‘Navy Submarine Service.
2. Background
2.1 In 2001 the Submarine Service celebrates its hundredth birthday and the Royal Navy is currently drawing up plans to mark this important anniversary.
2.2 The Flag Officer, Submarines has asked the Royal Mail to consider commissioning a special stamp issue to mark this anniversary. He has been advised however that his case would stand a greater chance of success if he could demonstrate support for the Centennial from around the country. As part of this process the Royal Navy has contacted Moray Council, requesting that it consider lending support for the idea of a Commemorative Submarine Service postage stamp.
2.3 Other commemorative events have also been planned by the Royal Navy, including a major celebration in Scotland at Faslane Naval Base in June, 2001 which will be host to submarines, submariners, their families and friends.
3. Proposal
3.1 That the Council consider supporting the issue of a commemorative postage stamp in 200 1 to celebrate the Centennial Anniversary of the Royal Navy Submarine Service
4. Financial, StaffinP and Environmental Implications
4.1 There are no financial, staffing or environmental implications arising from this Report
C.5 Consultations
5.1 None ITEM: 32
PAGE: 2
6. Recommendations
6.1 That the Council inform the Flag Officer, Submarines, of its support for a commemorative stamp issue in 2001 to celebrate the Centennial Anniversary of the Royal Navy Submarine Service.
Author of Report: Raymond Harris, Administration Officer Background Papers: Letter from Flag Office, Submarines dated 1 September, 1998 Draft letter of support for stamp issue. Ref: h:\mcouncil\reports\cent1802.doc
Signature:
Designation: The Depute Chief Executive (Corporate Services) Name: Karen B. Williams ITEM: 33
PAGE: 1
REPORT TO: THE MORAY COUNCIL ON 18 FEBRUARY 1999
SUBJECT: COMMITTEE REPORT FORMAT
BY: LA21 TEAM
1. Reason for Renort
1.1 To identify a possible alteration to the Committee Reporting format.
2. Background
2.1 In March of 1998 the Full Council decided to place Sustainable Development at the heart of decision making.
2.2 In December of 1998, the Full Council agreed a set of priorities for action by the LA21 Team in developing the Council’s commitment to Local Agenda 21. The Council’s LA21 Strategy includes the integration of Sustainable Development across all departments and the agreed LA21 Priorities identify the need for the development of Sustainability Criteria.
2.3 During discussions at LA21 staff workshops and discussions of the LA21 Team with Central Management Team and Senior Management, it is frequently suggested that the environmental implications section of the Committee Reports should cater more specifically for stated ‘sustainability implications’ ie Social, Economic and Environmental Implications.
2.4 It is considered that any change to the Committee reporting format should be piloted to ensure that it is robust. The LA21 has given some consideration to this matter and has produced a sustainability checklist as an aide memoir.
3. The ProDosals
3.1 In order thai The Moray Council establish sustainable development at its heart, it is proposed that a change be considered to the Committee reporting format. It is proposed that a pilot exercise include:- a) that the current u Environmental Implications” section of the Committee Report is altered to read u Social, Economic and Environmental Implications”. ITEM: 33
PAGE: 2 b) that each Committee Report author considers a more detailed statement under this section than is the case at present or that a completed sustainability checklist forms an appendix to the report. (See Appendix 1)
3.2 In order to ensure that the sustainability checklist is well thought out, is manageable, and can be fully implemented by all sections, it is also proposed that this change is first implemented as a pilot exercise for a period of 2 Council meeting cycles involving the following sections:
(1) Development Services. (2) Property Services. (3) Licensing Committee. (4) Environmental Protection Section of Technical & Leisure.
3.3 The experience of the pilot sustainability checklist together with the new Committee report format would then be reviewed by the relevant Committee Chairs, Central Management Team and the Local Agenda 21 Team (who will liaise with colleagues in the pilot sections). A further report would be submitted to Council on 4th May.
4. Financial Imnlications
4.1 There are no budgetary implications to this pilot proposal.
5. Staffillp Inmlications
5.1 Staff within those sections responsible for piloting the proposal will be required to consider Sustainability criteria during the preparation of Committee Reports.
5.2 It is recognised that any change to the Committee Report system must be effective and efficient, rather than bureaucratic and counter productive. It is anticipated that a pilot scheme will identify the pros and cons of any change.
6. Environmental ImDlications
6.1 There are no direct Environmental Implications arising from this proposal. However, the proposal is aimed at having a lasting impact upon sustainable development in Moray and the environment will be given due consideration.
7. Consultations
7.1 This report is submitted with the approval of the Central Management Team, Section Heads within the Units identified as pilot sections, the Legal & Admin Manager, and the Local Agenda 21 Team
8. Recommendations
8.1 That Council agrees that;
(9 a pilot exercise is carried out where the current environmental implications section of Committee Reports is altered to Social, Economic ITEM: 33
PAGE: 3 and Environmental Implications. Committee Reports in the pilot will include a written statement under this section and/or append a completed sustainability checklist to the report.
(3 this change is implemented as a pilot exercise for a period of 2 Council meeting cycles involving the following sections:
(1) Development Services. (2) Property Services. (3) Licensing Committee. (4) Environmental Protection Section of Technica1 & Leisure.
8.2 A review of the checklist together with any recommended change in format be reviewed by the Committee Chairs, Central Management Team and the Local Agenda 21 Team, with a further report to Council on 4th May 1999.
Author of Report: LA21 Team Background Papers: LA21 Strategy Commitment, Full Council November 1996, LA21 Priorities Report to Full Council December 1998, Full Council LA21 Commitment March 1998. Ref: NAB/TF
LOCAL AGENDA 21 - SUSTAINABLE DEVELOPMENT APPENDIX I Suslainable developnrenl nleans “meeting the needs of the present, without compromising the ability offuture generations to meet their own needs”
The following CHECKLIST has been put together to help you to assess (or at least think about) the sustninability aspects of your proposal, project. plan or report. It requires you to consider the social, economic and environmental implications and to ask the question “Is this sustainable?” (see definition of sustainable development above). All sections of the checklist link to the “sustainability themes” (see overlean adopted by the Moray Council in March 1998 to confirm our commitment to Local Agenda 21. Further notes.bn how and when you should use the form - and why it is important that you consider doing so - are explained overleaf.
TITLE OFREPORT/PROJECT/PLAN ...... I j : ,. .;:,..‘..‘j.‘. ,: :/I.: . . . . :. YIrJ
Considered i)rotection of the environment by l Minimising waste of any kind l Minimising pollution of any other kind . Protecting, promoting or enhancing natural habitats
Activelv involved the communitv by: l Consulting with those affected (and wider community) . Encouraging wide participation in decisionmaking. l Considering minority interests fairly . Raising awareness of sustainability issues - II Increased communitv accessibilitv by: l Well thought out information systems . Applying appropriate cost concessions . Reducing physical, psychological & transport barriers I Considered usiw local resources: l People =-u-- l Materials
l Businesses
l Space
Met local need lacallv by , Enhancing local facilities, services and/or economy , Providing a safer and healthier work, home, and/or community environment
-ncreased enewv efficiencv by 1 Use of appropriate materials and systems 1 Consideration of best staff working and travel patterns 1 Encouraging or incorporating recycling, reuse, repair or regeneration of materials, buildings etc /L Considered the above sustainability issues in your overall assessment of Best Value llz This checklist has been produced by The Moray Council Local Agendu 21 Team The Main Themes of Sustainable Development
At a Full Council meeting in March 1998, the Moray Council decided to ‘place sustainable developtii”a”f&e r heart of its decision-making.’ In doing so, it adopted the following themes:-
. where possible, local needs are met locally;
. everyone has access to adequate food, water, shelter and fuel at a reasonable cost;
. everyone has the opportunity to undertake satisf&g work in a diverse economy. The value of unpaid work is recognised, and payment for work is both fair and fairly distributed.
. health is protected by the creation of safe, clean and pleasant environments and of services which emphasise prevention of illness as well as care for the sick;
. access to facilities, services, goods and other people is not achieved at the expense of the environment or limited to those with cars;
. people live without fear of crime, or persecution on account of their race, gender, sexuality or beliefs;
. resources are used efficiently, waste is minirnised and materials are recycled;
. pollution is limited to levels which do not cause damage to natural ecosystems; the diversity of nature is valued and protected;
. everyone has access to the skills, knowledge and information which they need to play a full part in society;
. all sections of the community are empowered to participate in decision-making;
. opportunities to participate in culture, leisure and recreation are readily available to all;
. buildings, open spaces and artefacts combine meaning with beauty and utility; settlements are ‘human’ in scale and form; and diversity and distinctive local features are valued and protected.
(Formulated using information provided by the Local Government Management Board/Local Government Association 1997). 0 The Moray Council 1998. All rights reserved.
USING THE CHECKLIST
. The Moray Council is committed to “placing sustainable development at the heart of decisionmaking” and Council procedure will in future require evidence of this in action. The checklist has been put together as a way to have a quick measure of this for yourself which can then be used when required.
. The checklist can be used at any stage of a project, plan etc but you are encouraged to consider its initial use at the outset to help you plan or to choose between alternative proposals.
. At the initial stage you may find the “SPECIFY OR JUSTIFY” cohunn useful for making notes of future action needed as the project, plan etc progresses. If you are using the checklist at a later stage the “SPECIFY OR JUSTIFY” column should note the reason(s) why you have ticked ‘YES” or WO”.
. There is no expectation that ‘YES” is always the “correct” answer to each section: sustainability is a complex issue and in different situations different sections are likely to stand out as more relevant. It is in your interest to complete the sections honestly rather than attempting to legitimise proposals by giving what you believe are “correct” answers.
The final line should be used to give an overall “sustainability summary”. It also indicates that there is a clear link to the Best Value Regime. ITEM: 34
PAGE: 1
REPORT TO: THE MORAY COUNCIL ON 18 FEBRUARY 1999
SUBJECT: SPIRIT OF SPEYSIDE WHISKY FESTIVAL, 1999 DINNER/CEILIDH IN AID OF HOSPICE IN MORAY
BY: DIRECTOR OF ECONOMIC DEVELOPMENT AND PLANNING
1. Reason for Report
1.1 To ask the Committee to consider sponsoring one table for ten persons at the Dinner/Ceilidh event to be held at The Mansion House Hotel, Elgin on Friday 16 April 1999. The dinner, for 150 persons, is arranged in aid of Hospice in Moray, a registered charity, to which all profits will be donated.
1.2 To request the Committee to consider providing an appropriate raffle prize to fi_n-ther support the event. Perhaps one bottle of malt whisky?
2. Background
2.1 The Spirit of Speyside Whisky Festival will commence with a preview event at Baxters of Speyside on Thursday 15 April 1999 and will close on Monday 19 April 1999.
2.2 The organising of the Festival is being led by Moray based Whisky and Food companies supported by The Moray Council, MBSE and the Aberdeen and Grampian Tourist Board.
2.3 The Moray Council’s support, as requested by the Festival organising committee, is of a practical type. The printing of advertising flyers, the placing and updating of the event on the Internet, advice on the location and booking of musicians and other artistes, PR assistance and the loan of decorative plant displays are examples of the Council’s input. Costs associated with these items are being borne by the Assistance to Industry budget and will not be more than 2250.00 in total as all are being provided by the Council’s existing in-house facilities.
2.4 The Ceilidh/Dinner in aid of the hospice is being advertised as the “Touch of Tartan Ceilidh/Dinner”. The tartan being used on all items associated with the event, e.g. menus, tickets, decoration, etc. is The Moray Council Tartan.
2.5 Touch of Tartan Ceilidh/Dinner Sponsors, other than organisations taking tables, are the following Moray companies: ITEM: 34
PAGE: 2
l Baxters Sponsoring the Soup Course.
l Lawson’s of Speyside providing the Haggis.
l Glenfiddich providing the Dram to accompany the Haggis.
l The Highland Truffle Company providing dessert truffles.
l Nether-ton Creative Solutions providing menus and tickets.
2.6 Raffle Prize Providers (committed at 8.2.99)
l GNER. 2 x 1st Class return tickets to London.
l Knockomie Hotel. Dinner for 2 persons.
l J & B. Dinner and overnight accommodation at their customer hospitality centre, Drummuir Castle.
Other Moray companies and organisations have promised prizes but to date have not specified the items.
3. The Proposals
3.1 It is proposed that the Moray Council authorises the reservation of one table for ten persons at the Dinner/Ceilidh charity event.
3.2 It is proposed that the Council authorises the provision of one raffle prize to tiu-ther support the event.
4. Financial Imdications
4.1 Cost of Reservation: 1 table. 10 persons x g30.00 per person - 2300.
4.2 1 Raf?.le prize. Suggest 1 bottle Malt Whisky at $30.
5. Staffiw Implications
5.1 No additional staffing required.
6. Environmental Implications
6.1 None.
7. Consultations
7.1 Regular consultations with the Festival organising Committee.
7.2 Consultations have taken place with appropriate officers of the Council’s Technical and Leisure Services Department and Corporate Resources Department in regard to the printing of advertising materials and advice on the booking of musicians and other artistes. ITEM: 34
PAGE: 3 8. Recommendations
8.1 It is recommended that the Committee authorises the reservation of one table at the Charity Dinner.
8.2 That the Council authorises the provision of a rafIle prize.
8.3 That the Council nominates persons to represent the Council at the event.
Author of Report: David Sykes, Business Development Executive -- Ext: 3283 Background Papers: Ref: DS/hml
Designation: Director of Economic Development & Planning Name: Robert A. Stewart
Friday, January 22,1999 ‘The Northern Scot Hospice to benefit from festival event 4 LEADING Moray charity hopes to be Badenoch and Strathspey local enterprise .oasting the success of this spring’s Spirit of company and Aberdeen and Grampiar C Speyside Whisky Festival after winning the By FIONA M PHERSON Highlands Tourist Board, aims to offer more hearts of the event organisers. than drams and distilleries, however. The proceeds of a dinner and raffle being held raising and cookery demonstrations. Renowned cashmere producers Johnstons o: 10 herald the start of the four-day festival will be An on-line whisky nosing and tasting by Elgin arc laying on a special event for visitors t( donated to the Hospice in Moray campaign. Internet will be run from the Craigellachie the festival. The announcement has been warmly Hotel’s Quaich Bar. Tours will be run on Friday I6 and Monday welcomed by HIM committee chairman Mrs American Scotch whisky expert and 19 with visitors able to see all stages of tht Libby Mitchell. personality Dr David McCoy, who is president production process from the reception of rav “We are thrilled and delighted hy the of the International Order of Scotch Single Malt cashmere wool from China to dyeing, spinning decision,” she said. Whisky Connoisseurs, will be answering weaving and final inspection, followed by ; “It is wonderful to have the support and questions via a computer link from his home in whisky-themed lunch. backing of such prestigious firms as those Dallas, Texas, with local tasters able to benefit David Ker. divisional rerail director, said involved.” from his flamboyant and knowledgeable “We use the same soft water to process our tin’ The Touch of Tartan charity dinner is to be comments on any of the 260 different malt woollens as do the whisky distillers and botl whiskies which are available for tasting. held in the Mansion House Hotel, Elgin, on industries enhance natural raw materials tl April 16 with a whisky-flavoured menu and The “Scotch Dot” has recently been made a produce their famous products. traditional entertainment. Keeper of the Quaich in recognition of his From then until April 19, a programme of knowledge and support of the whisky industry “Cashmere and Scotch appeal to the sam events will be held around Moray, celebrating with the three-hour session promising to be both markets and often appear side by side in th Scotland’s national drink in an effort to give the educational and entertaining. Duty Free and prestigious stores of the world local tourist industry a welcome shot in the arm The hotel is also organising whisky tastings and many visitors come to Speyside to take in by attracting a flood of visitors both irom home by leading experts Charles Maclean and Jim the distilleries and Johnstons.” and abroad. Murray. The new festival programmes detailing all the Whisky connoisseurs and newcomers will be The Spirit of Speyside Scotch Whisky planned events are available from the Elgin invited to get their nose into a dram glass with Festival, organised by a partnership of local tourist information office or from the festival activities including nosings. tastings, cask- companies supported by Moray Council, Moray office on 01343 5.50044.