Introduction
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South Ayrshire Council
The Scottish Government generally seeks to publish responses to a consultation, in summary and where possible in detail. We would like your permission to publish:
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Page One
1. Should the use of a statutory form be required in the regulations? Please give reasons for your response.
Should the use of a statutory form be required in the regulations? Please give reasons for your response.
Yes
This supports the orderly submission of all necessary information, and provides a level of consistency across the country. Some organisations that have a nationwide presence would presumably find it easier to use a standard form.
This supports the orderly submission of all necessary information, and provides a level of consistency across the country. Some organisations that have a nationwide presence would presumably find it easier to use a standard form.
2. Should it be possible for a community body to put in a participation request without using a form? Please give reasons for your response.
: Should it be possible for a community body to put in a participation request without using a form? Please give reasons for your response.
No
If a community body attempted to make a request without completing the form, the Council would provide reasonable assistance to an applicant in completing the form, which should remain a compulsory first step in the process. Its absence would also negatively impact on effective reporting.
If a community body attempted to make a request without completing the form, the Council would provide reasonable assistance to an applicant in completing the form, which should remain a compulsory first step in the process. Its absence would also negatively impact on effective reporting.
3. What else might a statutory form usefully cover beyond the example set out in Annex B?
What else might a statutory form usefully cover beyond the example set out in Annex B?
It would be easier if the notes were below each of the headings to save shuffling back and forward.
It would be appropriate to confirm whether the community body has a constitution and what it’s primary purpose is.
There is a request for website details but not for example twitter or Facebook accounts. Many community bodies will have social media accounts but not a website so this is out of step with common practice. Some community bodies may feel that they need to establish a website in order to be able to make participation requests and that would seem erroneous.
The heading ‘outcome’ is quite stark and could be mistaken for the outcome of the process. Might ‘Outcome(s) that the participation request relates to’ be better? The differentiation between question 3 and 4 is not that clear. Presumably the reason why the community body should be permitted to participate will reflect the knowledge, expertise and experience which it has in relation to the outcome. It won’t be clear to community bodies what to put in which section. Might make more sense to collapse them into one question: ‘Why community participation body should be permitted to participate taking into account knowledge, expertise and experience in relation to the specified outcome.’
It would be appropriate to confirm whether the community body has a constitution and what it’s primary purpose is.
There is a request for website details but not for example twitter or Facebook accounts. Many community bodies will have social media accounts but not a website so this is out of step with common practice. Some community bodies may feel that they need to establish a website in order to be able to make participation requests and that would seem erroneous.
The heading ‘outcome’ is quite stark and could be mistaken for the outcome of the process. Might ‘Outcome(s) that the participation request relates to’ be better? The differentiation between question 3 and 4 is not that clear. Presumably the reason why the community body should be permitted to participate will reflect the knowledge, expertise and experience which it has in relation to the outcome. It won’t be clear to community bodies what to put in which section. Might make more sense to collapse them into one question: ‘Why community participation body should be permitted to participate taking into account knowledge, expertise and experience in relation to the specified outcome.’
4. Is 14 days a reasonable amount of time for additional public service authorities to respond? If not, please suggest an alternative timescale and explain reasons for the change.
Is 14 days a reasonable amount of time for additional public service authorities to respond? If not, please suggest an alternative timescale and explain reasons for the change.
No
This will almost certainly present challenges in some cases, particularly where the additional public service authority is a Council that has decided to involve Councillors in the decision. 60 days would seem reasonable.
This will almost certainly present challenges in some cases, particularly where the additional public service authority is a Council that has decided to involve Councillors in the decision. 60 days would seem reasonable.
5. What, if any, are the particular/specific ways that public service authorities should promote the use of participation request?
What, if any, are the particular/specific ways that public service authorities should promote the use of participation request?
Website and social media.
Press release.
Through community networks.
Press release.
Through community networks.
6. What are the ways that public service authorities should support community participation bodies to make a participation request and participate in an outcome improvement process that should be set out in the regulations?
What are the ways that public service authorities should support community participation bodies to make a participation request and participate in an outcome improvement process that should be set out in the regulations?
Support to complete forms if a community body is having difficulty with this aspect.
Local authorities deliver capacity building to community bodies which will contribute to them being able to participate effectively in a participation request process.
Local authorities deliver capacity building to community bodies which will contribute to them being able to participate effectively in a participation request process.
7. What types of communities could the regulations specify that may need additional support? Please give reasons for your response.
What types of communities could the regulations specify that may need additional support? Please give reasons for your response.
Hard to reach groups would be the obvious candidate but that would lead to difficulties in specifying what a hard to reach group is
8. How long should the public service authority have to assess the participation request and give notice to the community participation body? Is 30 days a reasonable amount of time?
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Yes
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No
If not, how long should the period for making a decision be? Please give reasons for your response.
This will almost certainly present challenges for Councils that decide to involve Councillors in the decision. 60 days seems reasonable.
9. Are there any additional information requirements that should be included in connection with a decision notice? Please give reasons for your response.
Are there any additional information requirements that should be included in connection with a decision notice? Please give reasons for your response.
No
10. What other information, if any, should the regulations specify should be published in relation to the proposed outcome improvement process? Please give reasons for your response.
What other information, if any, should the regulations specify should be published in relation to the proposed outcome improvement process? Please give reasons for your response.
Timescale over which the outcome improvement process is to operate
11. What other information, if any, should the regulations specify should be published in relation to the modified outcome improvement process? Please give reasons for your response.
What other information, if any, should the regulations specify should be published in relation to the modified outcome improvement process? Please give reasons for your response.
Timescale over which the outcome improvements process operated.
The public authorities that participated in the outcome improvement process.
The public authorities that participated in the outcome improvement process.
12. Section 31 sets out the aspects that the report of the outcome improvement process must contain. What other information, if any, should the regulations require the report include? Please give reasons for your response.
Section 31 sets out the aspects that the report of the outcome improvement process must contain. What other information, if any, should the regulations require the report include? Please give reasons for your response.
The number of participation requests currently being considered and the number of on-going outcome improvement processes
13. Do you have any other comments on the draft Participation Request (Procedure)(Scotland) Regulations 2016?
Do you have any other comments on the draft Participation Request (Procedure)(Scotland) Regulations 2016?
No