constitution

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1. NAME

   The name of the Community Council is Merkinch Community Council.

2. PURPOSE OF THE COMMUNITY COUNCIL

   2.1 In addition to any other purpose which the Community Council may pursue, the general purpose of Community Councils is defined in Section 51 (2) of the Local Government (Scotland) Act 1973 as follows:-

   "To ascertain, co-ordinate and express to the local authorities for its area, and to public authorities, the views of the community which it represents, in relation to matters for which those authorities are responsible, and to take such action in the interests of that community as appears to it to be expedient and practicable".

   2.2 The Community Council are also given statutory rights of consultation on applications for planning permission, and of objection to liquor licences. These rights where the Community Council consider it appropriate must be exercised to comply with the different acts or any codes of guidance issued by the Council.

   2.3 The Local Government Etc (Scotland) Act 1994 also gives the Community Council a statutory right to be consulted on any Scheme of Decentralisation prepared by the Council.

   2.4 The Community Council will be non-party political and encourage involvement of people irrespective of gender, religion, race, age, disability, nationality or sexual orientation.

3. SIZE AND COMPOSITION OF THE COMMUNITY COUNCIL

   3.1 The Community Council will consist of a maximum of sixteen and a minimum of eight Members elected by and from persons aged 18 (and over) living in the area, whose names appear on the most current Electoral Registers.

   The Highland Councillors whose electoral wards include any part of the area described in 4 below will be ex officio members and will be entitled to attend Community Council meetings to act as non-voting advisors.

   All the members of the Community Council will retire at the time of an election but shall be eligible for re-election. Any co-opted member with voting rights will only serve until the next election following his or her co-option, but may then offer for election as a member of the Community Council.

   3.2 Powers of Co-option

   Co-opted members may be included in the membership in the following circumstances:

   1. Where the elected membership does not comprise the maximum number of elected members specified in the Scheme, or where casual vacancies arise during a term of office the Community Council may co-opt persons who would be eligible for election as members, provided they do not make up more than one-quarter of the total membership allowed for in the Scheme. Such co-opted Members shall have full voting rights and will serve until the next ordinary elections.
   
    
   
   2. The Community Council may co-opt further members (Associate Members) with skills, knowledge and interests which the Community Council considers would be of assistance to it in carrying out its functions. These members would have no voting rights, and shall not hold office within the Community Council. They can be under the age of 18, but must be over 14, and may live within or outwith the area of the Community Council. Members co-opted in this way will serve a term of office of one year or some other time as determined by the Community Council at the time of co-option. Such members can constitute up to but no more than one-quarter of the members provided for within the Scheme.
    
   
4. AREA OF THE COMMUNITY COUNCIL

   The area of the Community Council is shown on the map annexed to the Highland Council Scheme for Community Councils and forms appendix 1 to this Constitution.

   Click image or here to view the map.(approx. 252kb .gif format)

   For the avoidance of doubt the area of jurisdiction of this Community Council is defined as comprising the entire electoral ward presently known as Merkinch and such parts of the electoral ward presently known as Muirtown as lie within the boundary delineated on the aforesaid map.

5. ELECTION

   5.1 Qualification of Candidates and Electors

   The names of Persons seeking election to the Community Council will be on the relevant most current electoral register(s). Nominees will be proposed and seconded by two Electors on the same register(s). Persons entitled to vote at an election of members of the Community Council shall be on the relevant most current electoral register(s) for the Community Council area.

   5.2 Frequency and Method of Election

   Elections shall be held every four years in the month of November commencing in November 2007 or at such times as required by Highland Council and shall be conducted by postal ballot held in the Community Council area for all subsequent elections. Nomination papers signed by the nominee and the proposer and seconder with the relevant addresses will be deposited no less than 20 days before the date of the Election with the Returning Officer. The Community Council will itself appoint a Returning Officer who must not be a candidate or a proposer or seconder of a candidate, or a relative of any candidate.

6. ELECTION AND DUTIES OF OFFICE BEARERS

   At the first meeting of the Community Council following an election, the Community Council will appoint from among its membership a Chair, Vice Chair and Treasurer. The Community Council will also appoint a Secretary and a Minutes Secretary (which offices may be combined) either from their own members who will hold office until the first meeting of the Community Council following an election, or by appointment of a paid officer or officers who will hold office during the period of office of the Community Council without election.

7. CASUAL VACANCIES

   Casual vacancies in the membership of the Community Council may be filled by co-option and the terms of office of any person co-opted shall be as defined in Section 3 above, and this term shall apply also in respect of members co-opted to fill vacancies following the initial election of members of the Community Council.

8. ANNUAL AND SPECIAL MEETINGS OF THE COMMUNITY COUNCIL

   An Annual General Meeting, which shall be open to all persons resident within the area of the Community Council, like all meetings of the Community Council, will be held no earlier than the second Thursday of May and no later than the second Thursday of June each year for the purpose of:-

   1. receiving the annual report of the work of the Community Council and an audited statement of accounts.
   
    
   
   2. discussing any other matters of interest to the community.

   Special meetings may be called by the Community Council or on a written request to the Secretary by not less than 20 electors at any time for consideration of any matter of general community interest or concern.

   Notice of meetings will be given at least 14 days in advance by notices displayed at convenient places throughout the area and if possible by advertisement in a local newspaper.

9. MANAGEMENT

   9.1 Meetings of the Community Council

   The Community Council shall meet at least six times in every year. A quorum of any one Community Council Meeting shall be six of the voting members of the Community Council. The Chair shall have both a deliberate vote and in the case of an equality of votes, a casting vote.

   Other meetings of the Community Council may be convened if two of the office bearers as designated above (paragraph 6) are of the opinion that some matter of urgency requires consideration or a written request is made to the Secretary by not less than one-third of the members.

   Notices calling the meetings of the Community Council, specifying the businesses to be considered, shall be sent to each Member of the Community Council prior to a meeting, and if possible, an advertisement will be placed in a local newspaper. For information, copies of notices of meeting shall be sent to the members of the Highland Council who have a direct, relevant interest in the area of the Community Council.

   9.2 Committees

   The Community Council shall have power to appoint such committees or sub-committees as it may from time to time decide, and shall determine their terms of reference, powers, duration and composition.

   9.3 Failure to Attend Meetings

   If any member fails to attend any three Consecutive Meetings of the Community Council, without apology, unless such member has been granted leave of absence by the Community Council by virtue of illness or other reasons approved by them, the member shall be deemed to have become disqualified from acting as a member of the Community Council, provided that the Secretary of the Community Council shall give the member due notice in advance of the matter being referred to the Community Council.

   9.4 Public Participation

   All meetings of the Community Council shall be open to members of the public and the press, but such members of the public as attend meetings of the Community Council shall only be permitted to speak to the Community Council with the agreement of the Chair, it being expressly stated that such members of the public as may be debarred from participation by prior Resolution of the Community Council shall not be heard.

   However, during the course of business, a Community Council may resolve that an item be considered in private because of its confidential nature such a resolution requiring to be carried by a majority of the Community Council. Where a discussion is held in private, any Minute of the discussion will disclose any decision or recommendation arrived at without disclosing the confidential information which justified the discussion in private in the first place.

   9.5 Finance

   All monies raised by or on behalf of the Community Council will be applied to further the objects of the Community Council and to maintain its administrative structures. The accounts of the Community Council will be audited each year ending 31st March by an independent, competent auditor, not being a member of the Community Council.

   9.6 Employment of Officials

   The Community Council will have the power to appoint and dismiss employees of the Community Council as it may from time to time determine and to make or cancel any arrangements with other Community Councils for the sharing of services of employees.

   9.7 Standing Orders

   The Community Council will have powers to adopt Standing Orders for the proper conduct of its meetings and of all General Meetings which it calls.

   9.8 Supply of Information

   Copies of notices of meetings, minutes of meetings, the annual report, the annual financial statement and other suitable information as the Community Council may decide, will be transmitted to the Highland Council and to the members of that authority with a direct relevant interest in the area of the Community Council.

   9.9 Amendments to Constitution

   Subject to the provisions of Section 53 of the Local Government (Scotland) Act, 1973 relating to the amendment of Community Council Schemes, any proposal to alter this Constitution must be delivered in writing to the Secretary of the Community Council not less than 14 days before the date of the meeting at which it is first considered and such alteration will require the approval of (a) a majority of members of the Community Council present and voting at a Community Council meeting of which prior notice of at least 5 days has been given, such notice to specify the wording of the proposed alteration; (b) a two-thirds majority of electors present at a general meeting called to consider the proposed alteration which shall have been publicised for at least 14 days in advance of the meeting at which the vote is taken; and (c) the Highland Council, such approval having been given in writing.

10. DISSOLUTION

    In the event that a Community Council, having been duly elected, either has not met for a period of 6 months or has allowed the number of its members to fall below one-half of the total membership of the Community Council (as provided for in the Scheme), in either of these circumstances the Community Council may dissolve the Community Council by notice served on all of the members of the Community Council still then serving. Such dissolution will not prevent a request from 20 electors to reform the Community Council in terms of Section 52(7) of the Local Government (Scotland) Act 1973.

    If the Community Council by a majority at any time itself decides that it is advisable to dissolve the Community Council, it will call a Special General Meeting to consider a Resolution for Dissolution, the terms of which will have been specifically publicised in the notice calling the meeting for at least 14 days in advance of the meeting. The Highland Council will also be advised of the Resolution and be invited to be represented at the Special General Meeting.

    In the event of the Resolution for Dissolution being approved by a majority of those attending the Special General Meeting, any assets remaining after the satisfaction of any proper debts or liabilities shall be transferred to the Highland Council to be held in trust by that Authority against the establishment of any new Community Council for the area at some later date or, if the Highland Council so decide, such assets may be applied towards charitable purposes for the benefit of residents in the area.

11. PUBLIC LIABILITY INSURANCE

    The Community Council will ensure that at all times adequate insurance cover is maintained in respect of public liability responsibility devolving upon the Community Council in the execution of their several functions in pursuance of their objects.

12. ADOPTION OF CONSTITUTION

    This Constitution having been agreed by the Community Council on 13 January 2005 was adopted at the Special General Meeting held on 10 February 2005 at Merkinch Primary School.

Chair: Alexander D MacLean

Secretary: Alexander JM MacLeod

Treasurer: Brian Cain

Ratified on behalf of The Highland Council on: 17th February 2005

Proper Officer: C Claridge, Area Manager

The following candidates were validly nominated to serve on Merkinch Community Council. As not more than sixteen candidates were nominated there will be no poll.

Name of Candidate	Address
Alexander David MacLean (Chairperson)	86 Telford Road
Alexander J. MacLeod (Secretary)	42 MacLennan Crescent
Pamela Adam	125/127 Rosehaugh Road
Brian Cain	36 Carnarc Crescent
James Fraser	11 Kessock Road
Alistair Ewan Locke	40 Craigton Avenue
Dell McClurg	80 Craigton Avenue
Anne McCreadie	13 Thornbush Road
Lorna Janet MacLeod	100 Wyvis Place
Margaret Ross	130 Rosehaugh Road
Frances Welsh	26 Upper Kessock Street
Isabelle Williamson	40 MacLennan Crescent

This project is being part-financed by the European Union under the Inverness and Nairn CED programme.