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Petitions, Requests for Council Support and Notices of Resolutions

This note covers the procedures for dealing with petitions and requests from the public, and for notices of resolution from other local authorities (in Scotland or elsewhere).

These procedures only apply where the request comes to officers for action, whether that comes directly from outside the council or through an elected member.

Where the request comes to an elected member then it is for him or her to decide what action to take (which may include passing it to officers to be processed through this procedure).

If asked for advice by an elected member, officers should make the member aware of these procedures.

On receipt

Any such request should be passed to Committee Services for action.

Within council powers, or not?

The first decision required is about the subject matter - is it something the council has statutory powers to take action about?

That decision has been delegated to the Chief Executive as the Clerk to the Council. In practice, the decision will be taken under his delegated authority by Committee Services.

Once the decision is taken, a letter of acknowledgement will be sent by Committee Services to confirm receipt and advise of the procedure being followed.

Within statutory powers

If the council has a statutory power to take action on the subject then Committee Services will place the request on the agenda for the next available meeting of the Council Executive or Education Executive (not PDSP).

Committee Services will also notify the relevant Head of Service so that information can be gathered for the Chair and/or Executive Councillor before the matter is considered at committee.

Committee will have a wide range of choices as to how to respond - it may decide there and then to support it or that no action is required; it may hear that the council has dealt with or is dealing with it already; it may call for a report to come back to committee; or it may refer it to PDSP or LAC for consideration.

Without statutory powers

If the council does not have a statutory power to deal with the subject matter then Committee Services will send a copy by email to all elected members and Members Services so that they are aware of it.

It will not be placed on the agenda for any meeting, and each member will be able to decide if he or she wishes to pursue the matter further.

After committee

If action is required as a result of committee consideration of a request then it will be notified and allocated in the Action Note in the usual way.

That may include communicating with the person or body making the request, which will mean that person is aware of the outcome.

Where that is not called for, Committee Services will ensure that the person making the request is informed of the decision and of any action taken or to be taken.

Committee approval

These procedures were approved by Council Executive in two separate parts, although the same process was approved in each case:

  • Council Executive, 7 February 2012 - for notices from other local authorities asking for support or action (in and out of Scotland).
  • Council Executive, 25 June 2012 - for petitions and requests for support or action from the public (individuals or organisations).