|
To
comply with the requirements of the Land Reform 2003 (Scotland) Act the
structure and constitution of any ownership vehicle is defined in the Act.
This determines that it must be a company limited by guarantee with 50% of
the voting being represented being the crofting community. This structure
must remain in place while the community own the property. Beyond the legal
framework the details of how this will work in practice are not finalised
but discussion within the steering groups has generated some initial
parameters.
A
number of directors will be legally responsible for the operation of the
Company. The election of directors is an open and democratic ballot and all
those who are members of the Trust are eligible to vote. Women and a youth
representation should be encouraged to stand for nomination.
It is
suggested that the estate will not be divided into areas so that the pool of
people who can stand for nomination encompasses the whole estate. For
example, if the estate were divided into 3 areas and each area must provide
a determined number of directors, this could cause problems in the future if
an area were unable to nominate suitable candidates and yet there was a
surplus of good candidates elsewhere on the estate.
Once
the board of directors is in place, directors will then be allocated areas
that they must represent. The board will be facilitated by a full or
part-time executive officer who will assist with the management of the
estate. This is an extremely important role. Given the number and broad
range of development opportunities identified significant time input will be
require to enable the options to come to reality. To a large extent the
realisation and success of the options will be a function of the amount of
quality time and advice that is invested in them. Investment at this level
is unlikely to be available to board members serving in a voluntary capacity
for any sustained period and board members roles should be primarily as
community representatives and ‘portfolio leaders’ where they can devote time
to co-ordinating and giving direction, with implementation being a function
of the manager/administrator working with delegated authority to an agreed
programme.
It is
proposed that the board can nominate associates to it - this will
facilitate those who are not eligible to be nominated as a director, as they
do not have voting rights, to be able to input their expertise into the
Trust's business.
The
board of Directors will then liaise in their specific areas of
responsibility with the grazing clerks, community council, private sector,
voluntary and public organisations in the Galson area either as a 'liaison
group', which will represent all groups or as individual
organisations/companies. This could be on a quarterly basis. |