Agendas, reports and minutes

A Special meeting of the Highland Council will be held in the Council Chamber, Council Headquarters, Glenurquhart Road, Inverness on Thursday 9 June 2022 at 10.30am.

Webcast Notice: This meeting will be filmed and broadcast over the Internet on the Highland Council website and will be archived and available for viewing for 12 months thereafter.

You are invited to attend the meeting and a note of the business to be considered is attached.

Yours faithfully

Stewart Fraser 
Head of Corporate Governance

BUSINESS

1. Calling of the Roll and Apologies for Absence
A’ Gairm a’ Chlàir agus Leisgeulan

2. Declarations of Interest
Foillseachaidhean Com-pàirt

Members are asked to consider whether they have an interest to declare in relation to any item on the agenda for this meeting.  Any Member making a declaration of interest should provide some information on the nature of the interest and leave the meeting at the appropriate time.  Advice may be sought from officers prior to the meeting taking place.

3. Committee Structure/Remuneration
Structar na Comataidh/Ìocadh

(a) Committee Structure/Governance Arrangements

There is circulated Report No. HC/7/22 dated 2 June 2022 by the Acting Depute Chief Executive & Executive Chief Officer for Performance and Governance. 

Members are asked to:

i.   note that the governance arrangements remain largely unchanged at this stage, with the potential to review again in the autumn;  
ii.  agree to the establishment of the Climate Change Committee, comprising 14 members;
iii. agree the remit of the Tourism Committee will be reverted to the Economy and Infrastructure Committee, with the committee determining how best to deliver its tourism remit; and
iv.  agree to disband the Recovery Improvement and Transformation Board.

Motion from the Administration – the Convener and Leader of the Council will move, on behalf of the Administration, establishment of the Committee Structure as follows –

(i)    Strategic Committees 

1. Communities and Place Committee
2. Corporate Resources Committee
3. Economy and Infrastructure Committee
4. Education Committee
5. Health, Social Care and Wellbeing Committee
6. Housing and Property Committee

(All of the above will comprise 18 Members and will meet quarterly)

(ii)  Pensions Committee – 11 Members – half yearly meetings

(iii) Pensions Board – 2 Members and 1 substitute – half yearly meetings – and 1 representative from Comhairle nan Eilean Siar, 1 representative for the other Employers and 4 Trade Union representatives.

(iv)  Audit & Scrutiny Committee – 14 Members – quarterly meetings

(v)   Gaelic Committee – 14 Members – quarterly meetings

(vi)  Climate Change Committee - 14 Members – quarterly meetings
  
(Nominations from the Groups in accordance with the agreed formula will be tabled at the meeting). 

(vii)    Local Committees – quarterly meetings
    
1.  Badenoch & Strathspey Area Committee
2.  Black Isle Committee
3.  Caithness Committee
4.  City of Inverness Area Committee
5.  Dingwall & Seaforth Area Committee
6.  Easter Ross Area Committee
7.  Isle of Skye & Raasay Committee
8.  Lochaber Committee
9.  Nairnshire Committee
10. Sutherland County Committee 
11. Wester Ross, Strathpeffer & Lochalsh Committee
 
(viii)    Regulatory Committees  

North Planning Applications Committee (16 Members – 8 meetings per year) 
South Planning Applications Committee (16 Members – 8 meetings per year)

Planning Review Body (PRB) (6 Members – 7 meetings per year) 

(b) Remuneration for Senior Councillors    

There is circulated Report No. HC/8/22 dated 2 June 2022 by the Chief Executive.

Members are asked to approve the proposed senior councillor structure and associated remuneration as detailed in Appendix 1 to the report.

4. Appointment of Office Bearers
Cur an Dreuchd Luchd-oifis

Nominations for the remaining Senior Member posts will be moved by the Administration at the meeting.

5. Appointment of Members to Planning Application Committees
Cur Bhall an Dreuchd gu Comataidhean Iarrtais Dhealbhaidh

It is recommended that membership of Planning Application Committees should comprise 1 Member from each 3 Member Ward and 2 Members from each 4 Member Ward as follows -

North Planning Application Committee (Wards 1-11) – 16 Members 
South Planning Application Committee (Wards 12-21) – 16 Members

(In accordance with the above, nominations will be tabled at the meeting for approval).

6. Appointment of Members to the Planning Review Body
Cur Bhall an Dreuchd chun na Buidhne Ath-bhreithneachaidh Dealbhaidh

It is recommended that the membership of the Planning Review Body ( PRB)  should comprise 6 Members as follows:-

a. The respective Chairs of the North and South Planning Applications Committees who will act as Chair/Vice Chair of the PRB
b. Two further members from both of the North and South Planning Applications Committee to be identified at the first meetings of both Committees
c. No Council Ward will have more than one member on the PRB
d. No first-time elected members 

and Council is asked to agree that the first meeting of the PRB will be held on Monday 27 June 2022.

7. Appointments to Highland and Western Isles Valuation Joint Board
Cur an Dreuchd gu Co-Bhòrd Luachaidh na Gàidhealtachd agus nan Eilean Siar

The Council is required to appoint 8 substantive and 8 substitute Members to the Highland and Western Isles Valuation Joint Board.

(Nominations, in accordance with the agreed formula, will be tabled at the meeting).

8. Local Negotiating Committee for Teaching Staff (LNCT)
Comataidh Barganachaidh Ionadail airson Luchd-obrach Teagaisg

It is proposed that the membership of the LNCT should comprise of 10 Members including the Chair and Vice Chair of the Education Committee, the Chair and Vice Chair of the Corporate Resources Committee and 6 other Members of the Education Committee – 10 Members in total.

Nominations, in accordance with the agreed formula, will be tabled at the meeting.

9. Appeals Committees
Comataidhean Ath-thagraidhean

Members are advised that they are required to sit on Appeals Committees from time to time to deal with appeals against the refusal of placing requests or the exclusion of pupils from school in accordance with S28D (1) of the Education (Scotland) Act 1981. Membership is drawn from all Members of the Council, will include persons who are not Members of the Council and will vary according to the nature and location of the appeal. The Appeals Committee cannot be chaired by a Member of the Education Committee.

Members are asked to note the position as detailed.

10. Standing Orders Relating to the Conduct of Meetings    
Gnàth Riaghailtean a’ Buntainn ri Giùlan Choinneamhan     

There is circulated Report No. HC/9/22 dated 2 June 2022 by the Acting Depute Chief Executive and Executive Chief Officer, Performance and Governance.

The Council is invited to agree the revisions to Standing Order Relating to the Conduct of Meetings highlighted in Appendix 1 and summarised in section 4 of the report.

11. External Appointments
Cur an Dreuchd on Taobh A-muigh

(a) Convention of Scottish Local Authorities (CoSLA)
Co-chruinneachadh Ùghdarrasan Ionadail na h-Alba  

The Council has been invited to appoint 5 Members to the Convention. 

(Nominations, in accordance with the agreed formula, will be tabled).

(b) Appointment – NHS Highland Board
Cur an Dreuchd – Bòrd NHS na Gàidhealtachd

The Council has been invited to nominate a Senior Member to serve on the Board of NHS Highland. This nomination will require to be approved by the Cabinet Secretary.

In this regard, a nomination from the Administration will be tabled at the meeting.

(c) Cairngorms National Park – Local Authority Nominations to the Park Authority Board 
Pàirc Nàiseanta a’ Mhonaidh Ruaidh – Ainmeachadh Ùghdarrais Ionadail gu Bòrd Ùghdarrais na Pàirce

The Council has been invited to make 2 nominations to be considered for appointment by Scottish Ministers to the Cairngorms National Park Authority Board from 1 October 2022. These appointments will run for five years from 2022 to 2027.

One of the nominees must be ‘local’ as defined in the National Parks (Scotland) Act 2000. In this regard, Ministers may only appoint a person as a local Member if that person’s sole or main residence is within the National Park, or is a Councillor for an electoral ward, or is a member of a Community Council, any part of whose area is in the National Park. Members will be expected to commit 2-3 days per month to the Park Authority’s work.

The Council is therefore invited to nominate 2 Members for submission to Scottish Ministers for appointment to the National Park Authority Board as detailed.

In this regard, nominations from the Administration will be tabled at the meeting.

12. Appointments to Companies
Cur an Dreuchd gu Companaidhean

(a) Highland Opportunity (Investments) Limited    
Cothrom dhan Ghàidhealtachd (Tasgaidhean) Earranta

Highland Opportunity (Investments) Limited is a company which creates and sustains employment in the Highlands through investment in businesses and community enterprises.

The role of Directors is to consider individual investment proposals and decide on their merit and to set out the strategic policy of the company. In this regard, it is considered desirable for Directors to have appropriate business orientated experience. There are no external appointments. There are 6 meetings held during the year.

In this regard, there is circulated (pp.31-33) Role Profile and Skills Set for Directors. 

The Council is asked to appoint 9 Members to Highland Opportunity (Investments) Limited.    

(b) High Life Highland     
High Life na Gàidhealtachd

High Life Highland is a company limited by guarantee (with charitable status) set up and wholly owned by the Council to undertake the delivery of community learning and leisure activities. High Life Highland also has a wholly owned trading subsidiary. The Board of Directors of the main charitable company comprises four Council Directors and eight independent Directors. The Board of Directors of the main trading subsidiary comprises nine Directors, four of whom also serve on the Board of the main charitable company. 

The role of Directors is to contribute effectively to the work of the Board and to utilise the necessary business skills in regard to the development of the charity, including financial, legal, personnel, marketing, ICT, property and general management issues. It is desirable that Directors have experience in leading a team within a company or community organisation and an understanding of corporate governance issues. There are 4 meetings of the main charitable company during the year.

In this regard, there is circulated (pp.34-37) Role Profile and Skills Set for Directors.  High Life Highland is also keen to encourage Members with different experiences and points of view on the Board and keen to  encourage people who are currently under-represented on Boards such as women, disabled people, those from Black and ethnic minority communities, LGBTI+ people, and people aged under 50.

The Council is asked to appoint 4 Members to High Life Highland.

(c) Eden Court Highlands    
Cùirt Eden

Eden Court Highlands is a company limited by guarantee and also a registered charity which promotes, maintains, improves and advances public interest in the Arts. The role of Directors is to maintain, manage and control the Eden Court Theatre complex in Inverness. In addition to meetings of the Eden Court Board, there are a number of Sub-Committee meetings which are held regularly. In addition to Council membership, there are 8 external appointments and 5 meetings held during the year.

In this regard, there is circulated a copy of the Job Description.  

The Council is also asked to appoint 4 Members to the Board of Directors of Eden Court Highlands. 

(d) Highland Buildings Preservation Trust
Urras Gleidheadh Thogalaichean na Gàidhealtachd

Highland Buildings Preservation Trust is a company limited by guarantee and also a registered charity which restores and returns to use the built heritage of the Highlands and Islands in order to secure a viable, sustainable and appropriate end use for each building and to ensure the ongoing care and preservation of buildings for future generations. The role of Directors is to ensure that the main objectives of the Trust are implemented through the acquisition and preservation of derelict historic buildings and the re-use of any proceeds from the sale of restored buildings on a revolving basis to tackle other projects. 

In addition to Council membership, there are 8 external appointments and 6 meetings held during the year.

The Council is asked to appoint 2 Members to the Highland Buildings Preservation Trust.

(e) Nigg Skills Academy 
Acadamaidh Sgilean Neig

Nigg Skills Academy is a company limited by guarantee which was launched by the Scottish Government in 2012 to provide an annual throughput of modern apprentices in engineering trades. It takes on trainees every quarter who spend up to twelve weeks at the Skills Academy, amounting to some 600 hours training. Training then continues in the workplace until the trainees have achieved the standard of award for a Modern Apprenticeship. 

This is an industry led initiative and Highland Council is one of the ‘standing members’ of the company. In this regard, the Council has a Highland wide remit for the education of young people, can act as a neutral body as it is neither a direct funder or beneficiary of the Skills Academy and has an ongoing interest in employability and tackling youth unemployment.

The Council is asked to appoint 1 Member (with Substitute) to Nigg Skills Academy.

13. Appointments to Other Bodies
Cur an Dreuchd gu Buidhnean Eile

(a) HiTRANS
HiTRANS

HITRANS is the statutory Regional Transport Partnership for the Highlands and Islands and its membership includes representatives from the five Councils – Highland, Comhairle Nan Eilean Siar, Orkney, Moray and Argyll and Bute. HITRANS works with Councils, the Scottish Government, Highlands & Islands Enterprise, transport operators and other stakeholders to improve transport services in the Highlands and Islands. In addition to the Council appointments, there are three non-Council members who are appointed by the Scottish Government following an open advertisement and selection process.  

The Council has been invited to appoint 1 Member (with substitute) to HITRANS.

In this regard, the Administration will move that the Chair of the Economy and Infrastructure Committee should be appointed – with Vice Chair as Substitute. 

(b) Highland Housing Alliance
Caidreachas Taigheadais na Gàidhealtachd

The Highland Housing Alliance was formed to help address the need for affordable housing in the Highlands with the objectives of operating a revolving landbanking fund to facilitate the construction of affordable housing, carrying out infrastructure works to enable sites to become available as feasible building sites, developing projects to provide housing (for sale and rent) at market or near market levels, organising, packaging and managing joint developments with housing associations and others and undertaking research, development and other work to improve the housing procurement process in the Highlands with specific reference to the sustainable use of locally sourced products.

The Council is asked to appoint 1 Member to the Highland Housing Alliance.

(c) KIMO International
KIMO Eadar-nàiseanta

KIMO International (Kommunenes Internasjonale Miljoorganisasjon) is an association of local authorities, founded in 1990 whose primary aim is to eliminate pollution from the Northern Seas.  The organisations key objectives are: exchange information on pollution prevention, clean up and sustainable development; lead by example in improving regional marine environments; lobby national Governments, the European Commission, and others  to take effective action on issues affecting Northern Seas; make joint representations against proposals which threaten the quality of the marine environment; and undertake demonstration projects.

The Council is invited to appoint 3 Members to the UK KIMO Board.

(d) NHS Highland Health & Social Care Committee
Comataidh Slàinte & Cùraim Shòisealta

The Health & Social Care Committee has responsibility for co-ordinating the planning, development and provision of services by NHS Highland with a view to improving these services where possible. This includes the provision of quality, safe and effective care as close to home as possible and ensuring that frontline staff have the opportunity and resources to achieve that objective. 
The Committee is also closely involved in community planning, with an emphasis on health & quality improvement, and plays a key role in the modernisation of health care services along with vital participation in partnerships, integration and re-design. 

The Council is invited to appoint 3 Members to the Health & Social Care Committee. 

(e) Children’s Hearings Scotland – Highland & Moray Area Support Team 
Èisteachdan Chloinne Alba – Sgioba Taic Sgìreil na Gàidhealtachd & Mhoireibh

The Highland & Moray Area Support Team oversee the functions of the Highland and Moray Children’s Panels. 

The Council is asked to appoint 1 Member to the Highland & Moray Area Support Team.        

(f) The Highland Reserve Forces & Cadets Association 
Comann Fheachdan & Chaideatan Glèidhte na Gàidhealtachd

The Council has been invited to appoint 3 Members to the Highland Reserve Forces & Cadets Association which is tasked with representing the Reserve Forces (Royal Naval Reserve, Territorial Army and Royal Auxiliary Air Force) and the three service cadet organisations (Sea, Army and Navy) in the area north of the Forth/Clyde line. The Association provides accommodation (TA centres and cadet buildings), support to recruiting, support to employers of reservists and support to the cadets and wider youth initiatives.

The Council is asked to appoint 3 Members to the Highland Reserve Forces & Cadets Association.

(g) Scottish Councils Committee on Radioactive Substances 
Comataidh Chomhairlean na h-Alba air Stuthan Rèidio-beò

The Council is asked to appoint 1 Member to the Scottish Councils Committee on Radioactive Substances which was set up by CoSLA, following discussions with the Scottish Government, as a group to co-ordinate the views of Scottish Councils on matters relating to radioactive substances. 

The remit of the Group is to act as an interface with the Scottish Government, Scottish Parliament and regulatory bodies as they consult on radioactive waste management and clean-up policy and practice and to influence national policy on radioactive waste management in the interests of the communities affected.

The Council is asked to appoint 1 Member to the Scottish Councils Committee on Radioactive Substances.

(h) Armed Forces and Veterans Champion 
Curaidh nam Feachdan Armaichte is nan Seann-ghaisgeach

The purpose of the Armed Forces and Veterans Champion is to create links to proactively make contact with armed forces and veterans organisations and maintain contact with the Cross Party Group on Armed Forces Veterans within the Scottish Parliament, to advance interests at a local authority level through assessing the impact that Council initiatives have on the armed forces and veterans and to be a public advocate in the local authority area.      

The Council is invited to nominate 1 Member as Armed Forces and Veterans Champion.

14. Appointment of Section 95 Duties
Suidheachadh Dhleastanasan Earrainn 95

The Council is asked to agree that Section 95 duties should be assigned to the Head of Corporate Finance.