Key infrastructure in a community

Community Councils are voluntary organisations run by local residents but established within a statutory framework, under the Local Government (Scotland) Act 1973. Local authorities provide model constitutions for Community Councils in their areas. For this reason, some consider them to be statutory bodies, as they are not entirely independent. Nonetheless, the existence of a community council is not mandatory and is dependent on sufficient members of the local community coming forward to form one. As a result, most communities, but not all, have one.

As the most local tier of elected representation, Community Councils can play an important role in local democracy. However, they have limited statutory rights and powers.

The key roles of Community Councils are:

• To represent the views of the community to the local authority and other public bodies operating in their area
• To act to further the interests of their communities
• To be consulted on planning applications within their area (The Town & Country Planning (General Development Procedure) (Scotland) Amendment Order 1996)
• To consider exercising their powers to object to the granting, renewal or transfer of liquor licences. (The Licensing (Scotland) Act 1976).

Generally speaking, they exist to advise, petition, influence and advocate on local causes and concerns on behalf of their community. Due to their representative role, community councils are often involved in discussions around community benefits, and sometimes in disbursing funds. However, in some cases, particularly where large funds are concerned, they may not be best placed to fulfil this role, as they do not have sufficient safeguards in relation to individual members’ liability. For further information, see the module Getting the Governance Right.

A development trust (also sometimes referred to as a community trust or communityndevelopment trust / company) is a community-controlled organisation that uses a combination of enterprise activity and creativity to further the social, economic, environmental and cultural regeneration of a specific community of place. Development trusts are run for local people, by local people. They tend to have a membership structure, open to anyone resident within the community over a certain age, and their Board or committee is made up of, and elected by, those members.

Community development trusts differ from community councils in so far as they are ‘doing’ organisations – involved in developing and delivering a wide range of activity locally. Where one exists, it may be at the forefront of delivering key local services or transformative projects, such as those involving community ownership of land and buildings. Having said that, those with healthy membership numbers can also play a representative role on behalf of their community.

Most, but not all, are companies and therefore have the limited liability that status brings. However, due to their role in delivery of projects within the community, it can be problematic for a development trust to be involved in the governance and disbursal of community benefits. See the module Getting the Governance Right for more information on this. More information on development trusts in Scotland is available from Development Trusts Association Scotland.

In small rural communities the village hall is often the central focus for much of community life, providing a space where opportunities for recreation, entertainment, social connection and other services can be offered. For this reason, village hall committees often have a good overview of the diversity of local community groups and their activities and can be useful consultees in identifying local needs and priorities for community benefits.

Where most local people use the village or community hall in some way, investing in it can therefore bring about significant and long-lasting benefits for the whole community and over the long-term. In addition, many village or community halls in Scotland are ageing and require some upgrading to meet modern standards. Village hall improvements are therefore commonly at the forefront of people’s minds where community benefits are in the pipeline. However, many are held in trust or their ownership status is unclear, and care therefore needs to be taken in this regard. Clarifying ownership status and modernising governance standards may be a priority before or alongside any investment.

A range of other formal and informal groups will usually exist within any community. These may be focussed on providing services and activities for specific demographic groups (such as the young, the elderly, or school pupils/parents) or communities of interest (such as the arts, heritage or specific sports or leisure pursuits). Tenants associations may exist to represent residents of a particular area or housing estate on a range of matters including, but not always limited to, housing issues.

Traders associations often exist in towns and conurbations to represent the interests of local businesses and, on occasion, support improvements to the local economy through for example Business Improvement Districts (BIDS).

There may be other types of thematic interest groups. Each is likely to have an interest in the arrival of a new local fund and the opportunities it may bring for them, be that sustaining their existing services or developing new ones.

Scotland’s 32 local authorities are a key part of the public sector, providing for a range of services including education, social care, justice, public transport, waste and recycling collection, maintenance of roads and paths, cultural and leisure provision, housing, land use planning and development control, and support for economic development (including business and employment support).

Local authorities have a number of powers and duties which are set out in legislation:

• Mandatory duties – such as providing schooling for 5-16 year olds and social work services;
• Permissive powers – such as economic development and recreation services; and,
• Regulatory powers – such as development control, trading standards, environmental health and licensing for taxis and public houses.

These duties and powers arise from many different pieces of legislation. Some of them cover a wide range of policy areas (such as the Local Government (Scotland) Act 1973), while others focus on one particular area (such as the Planning etc. (Scotland) Act 2006).

Local authorities in Scotland tend to cover a wide area and large population and have their own set of priorities and constraints, and their voice should therefore not be taken as a proxy for the voice of the community(ies) in question. However, where possible, collaboration between the local authority and community groups can be valuable, and the support of the local authority, whether political or financial, can assist community efforts.

Some local authorities make use of Arm’s Length External Organisations (ALEOs) to provide services for which the local authority is ultimately responsible. ALEOs are organisations which are external to a local authority, typically established to deliver services, such as sports and leisure, economic development and property maintenance, see for example the ALEOs established by Glasgow City Council.

They have a separate identity from the local authority and usually have a separate budget and governance arrangements. However, the local authority retains significant influence over the ALEO, and councilors will often sit on the Board of the new organisation. While most have charitable status, they tend not to be community-led bodies.