Scheme of Administration

IMAGE: The Orkney Islands Council crest above the words “ORKNEY ISLANDS COUNCIL” and the document title “Scheme of Administration”.

Review/Updates to Scheme of Administration

The 20 June 2023 update comprised:

• To reflect management restructure.
• Deletion of Orkney Health and Care Committee.
• Revisions to Hearings Process for Planning Committee.
• Council decisions since last review incorporated.

Contents

1. Introduction
   1. Background
   2. Committees
   3. Delegation to Committees and Sub-committees
   4. Limitations and Conditions
   5. Right of Reference to Committees and Council
   6. Interpretation
   7. Reports to Committees and Sub-committees
   8. Member/Officer Working Groups
   9. Commencement
   10. Review
2. Orkney Islands Council
   1. Retained Functions
3. Islands Growth Deal Joint Committee
4. Community Development Fund Sub-committee
   1. Referred Functions
   2. Delegated Functions
5. Policy and Resources Committee
   1. Referred Functions
   2. Delegated Functions
6. Asset Management Sub-committee
   1. Referred Functions
   2. Delegated Functions
7. Community Asset Transfer Review Sub-committee
   1. Powers
   2. Hearings Process
8. Human Resources Sub-committee
   1. Referred Functions
   2. Delegated Functions
   3. Hearings Process when sitting as Staff Appeals Sub-committee
9. Investments Sub-committee
   1. Referred Functions
   2. Delegated Functions
10. Pension Fund Sub-committee
    1. Referred Functions
    2. Delegated Functions
11. Pension Board
    1. Terms of Reference
12. Police and Fire Sub-committee
    1. Referred Functions
13. Enterprise and Infrastructure Committee
    1. Referred Functions
    2. Delegated Functions
14. Harbour Authority Sub-committee
    1. Referred Functions
    2. Delegated Functions
15. St Magnus Cathedral Sub-committee
    1. Referred Functions
16. Education, Communities and Housing Committee
    1. Referred Functions
    2. Delegated Functions
17. Licensing Committee
    1. Referred Functions
    2. Delegated Functions
    3. Hearings Process for Licensing Committee
18. Orkney Islands Area Licensing Board
    1. Referred Functions
    2. Delegated Functions
    3. Hearings Process for Orkney Islands Area Licensing Board
19. Monitoring and Audit Committee
    1. Referred Functions
    2. Delegated Functions
20. Planning Committee
    1. Remit and Powers
    2. Definitions
    3. Hearings Process for Planning Committee
    4. Planning Committee – Site Visits
21. Local Review Body
    1. Remit and Powers
    2. Local Review Body – Site Inspections

1. Introduction

1.1. Background

1.1.1. This Scheme is made by Orkney Islands Council under section 56 of the Local Government (Scotland) Act 1973.

1.1.2. It sets out the terms of reference of the business of the Council, its Committees and Sub-committees, as well as defining the decisions which Committees and Sub-committees can make without any further reference to Committees or the Council.

1.1.3. The Scheme should be read in conjunction with the Council’s constitutional documents, including the Standing Orders for the Regulation of Proceedings and Business of Orkney Islands Council, the Financial Regulations and the Contract Standing Orders.

1.2. Committees

1.2.1. Orkney Islands Council will appoint the following Committees:

• Policy and Resources Committee.
• Enterprise and Infrastructure Committee.
• Education, Communities and Housing Committee.
• Licensing Committee.
• Monitoring and Audit Committee.
• Planning Committee and Local Review Body.

1.2.2. Orkney Islands Council and its Committees shall have the membership, quorum and functions as set out in this Scheme. Committees may appoint Sub-committees and working groups to consider specific matters falling inside their remit.

1.3. Delegation to Committees and Sub-committees

1.3.1. There are limits to the powers which can be delegated by the Council. The Council can only delegate to a Committee, Sub-committee, an Officer of the Council or another local authority in Scotland.

1.3.2. Certain decisions must by law be taken by the Council itself, for example, setting the Council Tax or making this Scheme. Others it may choose to keep to itself, for example, approving the formulation of major policies.

1.3.3. There shall be delegated to the Committees and Sub-committees of the Council the powers and duties set out in this Scheme subject to the limitations and conditions stated below.

1.3.4. A Committee may further delegate to a Sub-committee or an Officer of the Council, any of the functions which have been delegated to the Committee by the Council. Sub-committees can also further delegate to Officers.

1.3.5. Decisions taken by Committees and Sub-committees exercising powers delegated to them shall be deemed to be actings and proceedings of the Council, except as otherwise provided by statute or by this Scheme.

1.4. Limitations and Conditions

1.4.1. The Council may vary, add to, recall or restrict any delegation to any Committee or Sub-committee.

1.4.2. All works authorised under delegated powers must comply with the Council’s Financial Regulations and Contract Standing Orders.

1.4.3. Initial subscription payments in excess of £1,000 to external bodies must be referred to the Committee or Sub-committee. All existing subscriptions should be reviewed periodically to ascertain continuing value for money.

1.4.4. In accordance with the Council’s Charging and Concessions Policy, charges for services should be reviewed as part of the annual budget setting process. Where the Council has the ability to amend these charges, an agreed budgetary uplift should be applied as a minimum. Authority to vary, cease or introduce new charges outside the budget setting process lies with the relevant Service Committee or Sub-committee for their sphere of responsibility.

1.5. Right of Reference to Committees and Council

1.5.1. Nothing shall prevent a Committee, Sub-committee or an Officer from referring any matter to the Council or any Committee for decision where that matter could otherwise be dealt with under delegated powers in terms of this Scheme or the Scheme of Delegation to Officers.

1.5.2. The Monitoring Officer has the power to refer for further consideration by the Council any item of business on which a decision has been made but which s/he may consider as being a contravention of law or any code of practice under any enactment, or maladministration leading to injustice.

1.6. Interpretation

1.6.1. In any situation of uncertainty, it is for the Chief Executive to determine which Committee is empowered to exercise authority which has been delegated (to a Committee) by the Council.

1.7. Reports to Committees and Sub-committees

1.7.1. Only those reports which require a decision to be taken by a Committee or Sub-committee of the Council, or are necessary to enable the Committee or Sub-committee to discharge its business or exercise its monitoring role, will normally be included on the agenda of any Committee or Sub-committee.

1.7.2. It is for the Chief Executive to determine whether or not an item of business should be included on an agenda.

1.7.3. Any reports which are for information only will normally be issued as briefing notes, prepared by the relevant Director and issued through Democratic Services.

1.8. Member/Officer Working Groups

1.8.1. Member/Officer working groups may be set up for a particular purpose by the Council or a Committee to allow Members to work with relevant Officers to provide an additional opportunity for debate as well as informal discussions.

1.8.2. Member/Officer working groups are not decision-making bodies and any references arising from these groups will require to be reported to the Council or appropriate Committee or Sub-committee.

1.8.3. Any Member/Officer working group should have a time limit set to fulfil its remit and extension of time or change to remit can only be approved by the establishing Committee or Sub-committee following consideration of a report detailing reasons for the request.

1.8.4. If the Member/Officer working group is to undertake an ongoing role, consideration should be given to establishing a consultative forum, rather than a working group.

1.8.5. The provisions of Standing Orders do not apply to Member/Officer working groups or consultative forums and meetings are not open to the public.

1.9. Commencement

1.9.1. This Scheme shall take effect from 1 June 2026.

1.10. Review

1.10.1. The Council may review this Scheme annually.

1.10.2. The Chief Executive shall have the power to alter or amend this Scheme:

• To correct any textual or minor errors.
• To make any consequential amendments required as a result of a decision of the Council.
• To reflect changes in legislation and/or established practice.

2. Orkney Islands Council

Membership:

All 21 members elected in accordance with the provisions of the Local Government (Scotland) Act 1973 and the Representation of the People Acts.

Quorum:

Six members of Orkney Islands Council.

Remit:

The Council shall retain the key responsibilities for:

• The Council budget.
• The corporate management structure.
• Political decision-making processes.
• Specific statutory functions.

2.1. Retained Functions

The following functions shall not be delegated and shall be retained by the Council:

2.1.1. The raising of money by Council Tax or any other form of legal rate.

2.1.2. The incurring of any expenditure not provided for in the estimates of capital or revenue expenditure of the Council unless and until such expenditure is reported to and approved by the Policy and Resources Committee and by the Council.

2.1.3. The making of an order for the compulsory acquisition of any land or interest in land.

2.1.4. The taking of any decisions to co-operate or combine with other local authorities in the provision of services.

2.1.5. The definition of the principal objectives of the Council and the approval of policies and programmes necessary to implement such objectives.

2.1.6. The definition of the priorities of the Council in respect of the allocation of resources between the various functions and activities of the Council.

2.1.7. The approval of prescribed Council policies and procedures for the implementation of the various functions of the Council.

2.1.8. The determination of the Constitution, comprising:

• The Standing Orders relating to the Conduct of Meetings.
• This Scheme setting out functions of all Committees of the Council and the reference, delegation or transfer of functions to or between Committees.
• The Scheme of Delegation to Officers.
• The Financial Regulations.
• The Contract Standing Orders.

2.1.9. The evaluation and review of the work of Committees.

2.1.10. The co-ordination of the recommendations of Committees.

2.1.11. The approval of schemes for the establishment of Community Councils.

2.1.12. The promotion of, or opposition to, private legislation.

2.1.13. The promotion of Byelaws, Regulations and Management Rules.

2.1.14. The exercise of the Council’s functions with respect to local taxation.

2.1.15. Matters relating to Local Government Areas and Electoral Arrangements, including the appointment of the Returning Officer.

2.1.16. The appointment of Convener, Leader, Depute Leader, Chairs and members of Committees.

2.1.17. The appointment of persons other than Elected Members to Committees and Sub-committees.

2.1.18. The appointment of members of the Council to external bodies.

2.1.19. To admit honorary Freemen.

2.1.20. The appointment of the Chief Executive and all matters relating to disciplinary procedures for the Chief Executive.

2.1.21. To respond to any finding of maladministration by the Scottish Public Services Ombudsman.

2.1.22. The consideration of any report prepared by the Council’s Monitoring Officer under section 5 of the Local Government and Housing Act 1989 and to comply with the requirements of that section.

2.1.23. The consideration of any report by the Accounts Commission received in terms of section 103D of the Local Government (Scotland) Act 1973 and, where the findings contain recommendations under section 103F(3)(b) of the Act, to determine:

• Whether to accept any or all of those recommendations.
• What, if any, action to take in response to those recommendations.

2.1.24. To determine the following planning applications which cannot be determined by Officers or the Planning Committee:

• Applications for developments defined as being National (listed in the National Planning Framework).
• Applications for developments defined as Major (as defined in the Town and Country Planning (Hierarchy of Developments)(Scotland) Regulations 2009), which are significantly contrary to the Local Development Plan.

2.1.25. To determine the Council’s response, as a statutory consultee, to Scottish Government marine licence consultations, where the officer recommendation is an objection.

Committees and Sub-committees of the Council

The Council shall appoint the following Committees and Sub-committee:

• Islands Growth Deal Joint Committee.
• Community Development Fund Sub-committee.

3. Islands Growth Deal Joint Committee

Membership:

Six Members comprising two Members from each of the Constituent Authorities, namely:

• Comhairle nan Eilean Siar.
• Orkney Islands Council.
• Shetland Islands Council.

Orkney Islands Council Members comprise:

• Leader.
• Chair, Enterprise and Infrastructure Committee.

Quorum:

Four Voting Members representing no less than at least one Voting Member from each of the three Constituent Authorities.

Remit:

The Joint Committee has been established for the purpose of regulating the joint discharge of the Functions by the Constituent Authorities.

The Functions of the Joint Committee are as follows:

• Implementation of the Growth Deal for the Islands, in particular:
  • Approval and oversight of projects and investments to be funded through the Deal.
  • Approval and reporting of Business Cases in respect of those projects and investments.
  • Making recommendations to the Scottish and UK Governments regarding modified or substitute projects under the Deal as appropriate.
  • Monitoring, evaluation and reporting of progress in respect of projects being delivered.
  • Formal conclusion (“signing off”) following satisfactory completion of each project delivered under the Deal.
  • Approval and oversight of an agreed Joint Committee budget allocated by the Constituent Authorities in order to further the aims of the Islands Growth Deal.
  • Acting as a strategic point of contact with the Scottish and UK Governments and providing quarterly progress reports to them in relation to the Deal.
  • Approving governance arrangements and standing orders for the Joint Committee, Programme Management Board, and the Islands Deal Advisory Forum and other governance and procedural matters.
  • Establishing sub-committees and working groups as appropriate and agreeing to the delegation of responsibilities of the Joint Committee to those bodies and to officers.
  • Approval of the roles and remits of any sub-committees to which areas of authority may be delegated by Constituent Authorities.
  • Seeking to provide a joined-up strategic response to common policy areas and growth opportunities for Orkney, Shetland and the Outer Hebrides that emerge either as a result of, or during the timeframe of, the Growth Deal.

4. Community Development Fund Sub-committee

Membership:

Eight Members comprising:

• Convener.
• Chair, Policy and Resources Committee.
• Chair, Education, Communities and Housing Committee.
• Vice Chair, Education, Communities and Housing Committee.
• Chair, Enterprise and Infrastructure Committee.
• Vice Chair, Enterprise and Infrastructure Committee.
• 2 other Members of the Council.

Quorum:

Three Members of the Sub-committee.

Remit:

The Community Development Fund Sub-committee has responsibility for all matters relating to the Community Development Fund.

Eligibility criteria for the Community Development Fund continue to be flexible, with each project being considered by the Sub-committee on its own merits. All projects assisted by the Community Development Fund must provide benefit to, or be available to, the community as a whole. Funding is not prioritised to any particular area(s) of Orkney.

The following basic principles are applied:

• The Community Development Fund should attract the maximum amount of external match funding into the county.
• There should be no ongoing cost to the Council as a result of any of the projects supported by the Community Development Fund.
• No Community Development Fund assistance should be given to projects that would normally be carried out by the Council itself.

On 22 June 2021, the Policy and Resources Committee recommended approval of a framework that allows the Council to submit applications on behalf of community organisations to funding schemes that are only open to local authorities, including, but not restricted to the Rural Tourism Infrastructure Fund and the Regeneration Capital Grant Fund.

4.1. Referred Functions

The following matters stand referred to the Community Development Fund Sub-committee:

4.1.1. All matters relating to the establishment, review and operation of the Community Development Fund.

4.2. Delegated Functions

The following matters are delegated to the Community Development Fund Sub-committee:

4.2.1. The determination of applications for financial assistance from the Community Development Fund, towards capital projects.

4.2.2. The determination of requests to the Council to submit funding applications on behalf of a third party.

5. Policy and Resources Committee

Membership:

All 21 members of Orkney Islands Council.

The Leader and Depute Leader shall hold the posts of Chair and Vice Chair respectively of the Policy and Resources Committee.

Quorum:

Six members of the Committee.

Remit:

The Policy and Resources Committee shall have responsibility for the directorate planning, performance management reporting and financial monitoring for the following service areas:

• Corporate Governance:
  • Legal Services, including Licensing.
  • Governance, including Committee Services, Information Governance and Registration.
  • Internal Audit.
  • Procurement.
  • Elections.
  • Communications and Policy.
• Orkney Health and Social Care Partnership (Orkney Islands Council delegated services only).

5.1. Referred Functions

The following matters stand referred to the Policy and Resources Committee:

Corporate Policy.

5.1.1. The establishment and review of the Council’s corporate policies, objectives and priorities.

5.1.2. The preparation and review of the Council’s corporate strategic plan.

5.1.3. The preparation and review of the Local Code of Corporate Governance.

5.1.4. The establishment and review of schemes for reviewing the work of the Council, to ensure best value.

5.1.5. The preparation and review of the Council’s medium and long term financial plans.

Community Planning.

5.1.6. The establishment and review of schemes for the facilitation of community planning.

5.1.7. The preparation and review of the Local Outcomes Improvement Plan, in so far as it applies to the Council.

Participation Requests.

5.1.8. The establishment and review of policy and guidance in respect of Participation Requests made in accordance with the Community Empowerment (Scotland) Act 2015.

Committee and Political Management Arrangements.

5.1.9. The establishment and review of schemes relating to committee and political management arrangements.

Finance.

5.1.10. The establishment and review of policies for funding the Council’s expenditure and the provision of such expenditure, including arrangements for collection of revenue and granting of rebates and relief.

5.1.11. The establishment and review of policies for alternative forms of local government finance.

5.1.12. The establishment and review of policies for revenue support grant and other systems of grant available generally or in respect of a range of services.

5.1.13. The establishment and review of policies relating to charges levied for miscellaneous services, including miscellaneous rents.

5.1.14. The establishment and review of schemes for the allocation of the financial resources of the Council to the various services which the Council is required or empowered to provide, including the general level of capital and revenue expenditure and the levels of expenditure for individual services.

5.1.15. The establishment and review of schemes for management of the financial resources of the Council, including the Council’s Financial Regulations.

5.1.16. To monitor, on a quarterly basis, the levels of revenue expenditure incurred against approved budgets, in respect of each of the service areas for which the Committee is responsible.

5.1.17. To monitor, on a quarterly basis, the general levels of revenue expenditure, against approved budgets, across all service areas of the Council.

5.1.18. To monitor, on a quarterly basis, the levels of capital expenditure incurred against approved budgets within the General and Non-General Fund capital programmes.

Reserve Funds and Investments.

5.1.19. The establishment and review of earmarked and non-earmarked reserves.

5.1.20. The establishment and review of schemes in respect of utilisation of the Council’s useable earmarked and non-earmarked reserves, including the Strategic Reserve Fund.

5.1.21. The application of Strategic Reserve Fund monies to purchase land and property within Orkney, where the investment is as risk free as possible and it is ensured that the funds are applied to any purposes which “in the opinion of the Council, is solely in the interests of the County and its inhabitants”.

5.1.22. To consider the draft annual budget in respect of the Strategic Reserve Fund, prior to consideration through the budget setting process.

Procurement.

5.1.23. The establishment and review of strategies and schemes for the management of procurement requirements, including Contract Standing Orders.

Land and Property Asset Management.

5.1.24. All matters referred to the Asset Management Sub-committee.

HR Management and Employee Relations.

5.1.25. The establishment and review of policies relating to Local Government Pension Regulations.

5.1.26. To receive the Triennial Actuarial Valuation of the Orkney Islands Council Pension Fund.

5.1.27. The determination of the Council’s corporate management structure.

5.1.28. See also matters referred to the Human Resources Sub-committee.

Communications.

5.1.29. The establishment and review of policies and schemes for internal and external communications, including the Council’s website.

Freedom of Information and Data Protection.

5.1.30. The establishment and review of policies and schemes in respect of Freedom of Information and Data Protection.

Information and Communication Technology.

5.1.31. All matters referred to the Asset Management Sub-committee.

Digital Strategy.

5.1.32. The establishment and review of the Council’s Digital Strategy.

Equalities.

5.1.33. The establishment and review of policies relating to the Council’s equality duties.

Community Councils.

5.1.34. The establishment and review of schemes for Community Councils.

5.1.35. The establishment and review of schemes for the provision of facilities and grants to Community Councils.

Europe.

5.1.36. The establishment and review of contractual arrangements with EC consultants to provide advice and to make representations on behalf of the Council on EC matters, including reference to “Brexit”, as and when required.

5.1.37. The co-ordination of the Council’s involvement in EC funding initiatives and schemes, including prioritisation of applications.

5.1.38. The co-ordination of representations to the EC on behalf of the Council.

5.1.39. The determination of the Council’s participation in transnational projects.

5.1.40. The determination of all matters relating to the Conference of Peripheral Maritime Regions of the EC and other international organisations.

Official Hospitality and External Relations.

5.1.41. The establishment and review of policies and schemes for affording official hospitality to visitors to the area.

5.1.42. The establishment and review of policies relating to twinning arrangements.

Support to Outside Bodies.

5.1.43. The determination of responses to requests for support from outside bodies, including the Convention of Scottish Local Authorities (COSLA), in accordance with statutory requirements and any policy directions laid down by the Council.

Political Campaigns.

5.1.44. The determination of responses to political campaigns in accordance with statutory requirements and any policy directions laid down by the Council.

Community Safety.

5.1.45. The establishment and review of policies and schemes in respect of community safety partnerships.

Change Review Framework.

5.1.46. The preparation and annual review of the Change Review Schedule.

5.1.47. The determination of scoping papers and final reports on preferred options resulting from high level Change Reviews.

Risk Management.

5.1.48. The establishment and review of policies and schemes relating to the Council’s functions in respect of risk management.

Civil Contingencies/CONTEST.

5.1.49. The establishment and review of policies and schemes relating to the Council’s functions in respect of civil contingency arrangements.

Health and Safety.

5.1.50. The establishment and review of policies and schemes relating to the Council’s functions in respect of health and safety management.

Registration of Births, Marriages, Civil Partnerships and Deaths.

5.1.51. The establishment and review of policies and schemes to exercise the Council’s functions in respect of registration of births, marriages, civil partnerships and deaths.

National Audit Reports.

5.1.52. To consider key messages, findings and recommendations of service specific national audit reports and review how recommendations are being addressed locally.

Regulation of Investigatory Powers.

5.1.53. The establishment and review of policies relating to the Council’s powers of covert surveillance in terms of the Regulation of Investigatory Powers legislation.

Climate Change and Biodiversity.

5.1.54. The establishment and review of policies and strategies relating to the Council’s duties and responsibilities as required by the Climate Change (Scotland) Act 2009, including Orders and/or Regulations under that Act.

5.1.55. To scrutinise the Council’s annual Climate Change Duties Report, prior to submission to the Scottish Government.

5.1.56. To scrutinise the Council’s triennial Biodiversity Duty Report, prior to submission to the Scottish Government.

Social Work and Social Care Services.

5.1.57. To receive an annual report, prepared in terms of section 42 of the Public Bodies (Joint Working) (Scotland) Act 2014, from the Orkney Integration Joint Board detailing performance relating to the planning and carrying out of the integration functions.

5.1.58. To receive an annual report from the Chief Social Work Officer.

5.1.59. The requirement for construction of, or major improvements to, residential and other establishments required for social work services.

Miscellaneous.

5.1.60. The determination of all matters not specifically referred to any other Committee, or retained by the Council.

5.1.61. To consider responses to consultations on matters which fall within the remit of the Chief Executive’s Service.

5.1.62. To consider responses to consultations on matters which fall within the remit of Council services delegated to the Orkney Health and Social Care Partnership.

5.2. Delegated Functions

The following matters are delegated to the Policy and Resources Committee:

Community Councils.

5.2.1. The determination of the list of approved categories, relating to the Community Council Grant Scheme, within which the Community Council Liaison Officer can approve applications.

5.2.2. The determination of applications for assistance from the Community Council Grant Scheme which fall outwith approved categories.

Support to Outside Bodies.

5.2.3. The determination of financial contributions to outside bodies which are not directly related to the provision of another service.

Social Work and Social Care Services.

5.2.4. The arrangements for co-operation with, and support of, national and local statutory bodies, voluntary organisations and private agencies engaged in the provision of services or treatment for persons in need or in the promotion of social welfare.

5.2.5. The form and level of support to be afforded to voluntary organisations engaged in activities connected with the provision of social work services or the promotion of social welfare.

5.2.6. The determination of one-off financial contributions, exceeding £5,000, to external bodies connected with the provision of social work services.

5.2.7. The one-off provision of assistance, in cash or in kind, to persons requiring such facilities for the promotion of social welfare, for sums in excess of £6,000.