These Terms of Reference set out how the Kilmarnock Neighbourhood Board (the Board) operates, how decisions are made and the procedures that are followed to ensure that the Board operates efficiently, effectively and is both transparent and accountable.
Any reference to ‘the Council’ or ‘accountable body’ is a reference to East Ayrshire Council.
The Plan for Neighbourhoods is a partnership between the Kilmarnock Neighbourhood Board and the Council, supported by the UK Government.
Role of the Kilmarnock Neighbourhood Board
The Board brings together those with a deep connection to Kilmarnock including the local community and the private and public sectors to provide collective strategic leadership to improving Kilmarnock as a town.
The Board is responsible for developing and delivering the Regeneration Plan for Kilmarnock, investing in associated interventions to achieve the strategic programme objectives set out in the Plan for Neighbourhoods Prospectus.
The Board and Regeneration Plan will work from a clear understanding of Kilmarnock, focussing on its assets, opportunities and challenges.
The Board’s objectives are to:
- define the vision and set the strategy for Kilmarnock, driving priorities for investment and supporting ongoing community engagement
- develop, agree and co-produce a 10-year Regeneration Plan for Kilmarnock setting out how local partners will use knowledge, powers, assets and funding to deliver for Kilmarnock and improve the physical and social infrastructure of the community in line with the principles and guidance set out in the Plan For Neighbourhoods
- develop and agree a detailed four-year Investment Plan, containing a clear programme of interventions, that deliver the Regeneration Plan objectives in line with the principles and guidance set out in Plan For Neighbourhoods
- identify opportunities and co-ordinate resources, attract investment and engage stakeholders
Role of the Council
The Council will act as the accountable body for the funding with responsibility for ensuring that all public funds are distributed fairly and effectively, and that funds have been managed in line with the Nolan Principles and Managing Public Money principles.
The accountable body will also be responsible for compliance with legal responsibilities including in relation to subsidy control, state aid and procurement (in line with the Public Contracts (Scotland) Regulations 2015).
Roles and responsibilities of members
The main role of all Kilmarnock Neighbourhood Board Members is to play an active part in the Board and in the development and delivery of the Regeneration Plan for Kilmarnock.
Members will strive to apply the following principles:
- commitment: to attend every meeting, where possible – to be prepared for meetings and to actively participate in discussion, decisions and agreed actions
- high quality debate: to be strategically focussed and contribute positively to discussions and to work with other members to achieve consensus and take important decisions
- representation: to raise areas of strategic concern and otherwise contribute their experience and expertise to discussions and decisions to achieve good, workable solutions
- respect for others: to respect, listen to and take into account the views of other members regardless of their:
- age
- gender
- race
- ethnicity
- disability
- religion
- sexual orientation
- any other status
Board Members will adhere to the Kilmarnock Neighbourhood Board Code of Conduct.
Together, the Board and the Council will ensure that:
- the appropriate capacity and capability is in place to deliver the Regeneration Plan
- monitoring and evaluation is undertaken
Kilmarnock Neighbourhood Board membership and quorum
The Chair and the Council will work together to consider the wider membership of the Board, ensuring an inclusive and representative selection of people from across the local community.
The Board should comprise representatives from a cross-section of the local community to promote community leadership.
Membership is by invitation from the Chair.
The quorum will be one third of the total number of members.
Members may identify named substitutes able to attend in the absence, to ensure continuity of Board business.
Council officers will attend Board meetings to ensure the Council’s duties as accountable body for the Plan for Neighbourhoods are met and to provide the Board with secretariat support.
Members of the board
The members of the Board are as follows:
- Lillian Jones, Member of Parliament (MP), Kilmarnock and Loudoun constituency
- Dr Fiona McKenzie, OBE, Founder of Centrestage Communities Ltd
- Reverend David Cameron, Minister of New Laigh Kirk in Kilmarnock and Convener of the Assembly Trustees of the Church of Scotland
- Billy Bowie, Managing Director of Billy Bowie Special Projects Ltd
- Colin Blair, Director of Buzzworks Property Group Ltd
- Councillor Douglas Reid, East Ayrshire Council – member substitute is Councillor Elaine Cowan
- Councillor Barry Douglas, East Ayrshire Council – member substitute is Councillor Graham Boyd
- Suzanne Chow, Divisional Commander and Chief Superintendent, Ayrshire Division, Police Scotland
- Eddie Fraser, Chief Executive of East Ayrshire Council – member substitutes are Richard Grieveson and Joe McLachlan
- Angela Cox, Principal and Chief Executive Officer, Ayrshire College
- Chris McMail, Managing Director at Microtech Group
- Lynne McNiven, Director of Public Health at NHS Ayrshire and Arran (NHSAA)
- Craig Hume, Director at Utopia Computers
The advisory attendee of the Board is Karen Purves, Strategic Manager for Development Planning and Regeneration, East Ayrshire Council
The Board may call on professional advice and support if deemed necessary, including external consultants.
Chair and Vice Chair responsibilities
The Council is responsible for the appointment of an independent Chair of the Board, following consultation with the local Member of Parliament.
The Chair should be a respected figure in the Kilmarnock community and have an obvious passion for the town. The role is voluntary and not compensated.
The appointment of the Chair will be held until the end of the first four-year investment period cycle, unless they choose to resign in that period. The Chair whose appointment expires under this provision is not excluded from re-appointment.
The Council, at its sole discretion, may terminate the appointment of the Chair before the end of the four-year period should it deem that the responsibilities as outlined below are not being met.
The Chair, in consultation with the Council and the MP, may appoint a Vice Chair. In the absence of the Chair, the Vice Chair will assume the responsibilities.
The Chair should act as a champion for Kilmarnock and provide leadership for the Board, ensuring it is community-led and embedded within the local area.
The role of the Chair is to:
- lead the Board to achieve its objectives, maintain an overview of activity and champion and support partnership working in relation to the Kilmarnock Regeneration Plan
- ensure that the Board operates in line with these Terms of Reference and associated policies and conduct the business of the Board accordingly
- ensure that the Board operates in line with the UK Government’s Plan for Neighbourhood Prospectus, seeking advice from the Council as required
- ensure that decisions of the Board are in accordance with good governance principles and all applicable guidance issued by Government
- sign as required, any relevant documents as advised by the Secretariat to the Board.
The Chair is invited by East Ayrshire Council, in consultation with the MP and should be a respected figure in the Kilmarnock community and have an obvious passion for the town.
The Chair, in consultation with us and the MP, may appoint a Vice Chair. In the absence of the Chair, the Vice Chair will assume the responsibilities.
Kilmarnock Neighbourhood Board policies
As a member of the Board, whether in meetings, briefings or working on behalf of the Board, members will act in accordance with the Board Code of Conduct, including abiding by the Nolan Principles of Public Life and in respect of arrangements as set out in relation to conflicts of interest and gifts and hospitality.
Members will actively promote and support principles and policies and be willing to challenge any behaviours not in accordance with them.
Kilmarnock Neighbourhood Board governance
In line with the principles of public life and to ensure the local community can hold the Board to account, the Board’s operations must be transparent.
The Board will publish membership and governance arrangements (including minutes of meetings and decision logs) on the Council’s website.
The Board will follow the Council’s governance and finance arrangements when considering private reports, with the default position being that all papers are open to the public.
All members should sign up to the Code of Conduct based on the Seven Principles of Public Life (the Nolan Principles) and complete and regularly review a declaration of interests form.
Attendance at meetings
Members will endeavour to attend all Board meetings, however if they are unable to attend, they should submit their apologies in advance to the Secretariat.
A minimum of two weeks’ notice will be given for a meeting of the Board.
Meetings and procedure
The Board will meet at least once every quarter and publish:
- a documented decision-making process, outlining the voting rights of the board
- profiles of board members
- all board papers in advance of the meeting within five working days
- draft minutes of meetings following the meeting within 10 working days
- final minutes, once approved by the board within 10 working days
- any conflicts of interest reported, within the published minutes
Agenda and papers shall be approved in advance by the Chair.
Where an urgent item arises after the publication of the agenda that cannot reasonably be deferred to the next scheduled meeting, a late report may be added to the agenda with the consent of the Chair.
Council Officers will attend the Board meetings to ensure the Council’s duties as accountable body for the Plan for Neighbourhoods are met and to provide the Board with secretariat support.
Decision making and voting
The Board will not be entitled to take any decision relating to expenditure that will, or may reasonably be expected to, conflict with the Council’s obligations as the Accountable Body or the Council’s Section 95 Officer’s duties.
Decisions are normally reached by general agreement of the members present as determined by the Chair, unless a vote is requested by any member.
Each member of the Board has an equal right to vote on Board issues and shall have one vote which may be cast on matters considered at the meeting by a show of hands. Votes can only be cast by members in attendance at the given meeting.
Any decision of the Board is by a majority of members.
If an urgent decision is required which cannot be deferred until a subsequent meeting, then a special meeting can be arranged, which is not required to be ‘in person’, or members may be invited to decide electronically. The decision must be reported to the next scheduled meeting of the Board.
Sub groups
The Board or Chair may establish sub-groups in order to expedite particular matters where focussed activity is required or where alternative/specialist membership is required.
These will have a specific remit and period of operation to oversee or undertake a task, reporting directly to the Board. Members of sub-groups will be bound by the Board Code of Conduct and Policies.
Secretariat
The Secretariat function to the Board will be provided by the Council.
Representatives of Council Services and external organisations may attend by invitation through the Chair and the Chief Executive of the Council, as required.
Complaints procedure
In the event that a Board Member’s conduct falls short of that expected and/or upon breach of the Code of Conduct, the Board may agree a resolution to remove or sanction that member by removal of voting privileges.
Such complaints are to be made via the Secretariat to the Board and the Council’s Chief Governance Officer.
This may only occur when:
- the Board Member has been given 14 days notice in writing of the meeting of the Board at which the resolution will be proposed and the reason why
- the Board Member has been given reasonable opportunity to make representations to the meeting in person and/or in writing – these representations must be considered by the other Board Members and their decision confirmed in writing – there shall be no right of appeal against such a decision
- a Board Member will cease to be a member of the Kilmarnock Neighbourhood Board if the member gives written notice of their resignation to the Chair
Review of the Terms of Reference
The Council may, in consultation with the Chair, amend these Terms where necessary as the work of the Kilmarnock Neighbourhood Board progresses.
Terms of Reference will be reviewed at a minimum of every two years and upon publication of any further guidance relating to the Plan for Neighbourhoods or other relevant guidance.