Part I Local Government Areas, Authorities and Elections

New areas and councils

^F11. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^F22. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^F33. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^F43A. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Election of Councillors

^F54. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^F65. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^F76–10. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^F811. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Part II Changes in Local Government Areas_cross-notes

[^F9Proposals by Boundaries Scotland^F9]

12[^F10Boundaries Scotland^F10]

(1)There shall be a [^F11commission to be known as Boundaries Scotland which is to carry out the functions conferred on it by or under this Act or any other enactment.^F11]

(2)The provisions of Schedule 4 to this Act shall have effect with respect to [^F12Boundaries Scotland^F12] .

13 Proposals for changes in local government areas._cross-notes

[^F13Boundaries Scotland^F13] may, in consequence of a review conducted by [^F14it^F14] under this Part of this Act, make proposals to the Secretary of State for effecting changes appearing to [^F15Boundaries Scotland^F15] desirable in the interests of effective and convenient local government by any of the following means or any combination of those means (including the application of any of the following paragraphs to an area constituted or altered under any of those paragraphs):

(a)the alteration of a local government area;

(b)the constitution of a newlocal government area;

(c)the abolition of a local government area;

(d)a change of electoral arrangements for any local government area which is either consequential on any change in local government areas proposed under this section or is a change (hereafter in this Part of this Act referred to as a “substantive change”) which is independent of any change in local government areas so proposed.

14 Duty and power to review local government areas._cross-notes

(1)Subject to sections 15 and 16 of this Act, it shall be the duty of [^F16Boundaries Scotland^F16] , not less than [^F17eight^F17] nor more than [^F18twelve^F18] years after [^F191st April 1996^F19] and thereafter at intervals of not less than [^F17eight^F17] nor more than [^F18twelve^F18] years from the submission of the last report of [^F20Boundaries Scotland^F20] on the previous review under this subsection, to review all local government areas for the purpose of considering whether to make such proposals in relation to all or any or any part of those areas as are authorised by section 13 of this Act and what proposals, if any, to make, and [^F20Boundaries Scotland^F20] shall formulate any such proposals accordingly.

(2)Without prejudice to subsection (1) above, [^F21Boundaries Scotland^F21] may at any time, subject to sections 15 and 16 of this Act, review all or any or any part of the local government areas for the purpose of considering whether to make such proposals in relation to them as are authorised by section 13 of this Act, and what proposals, if any, to make, and [^F22Boundaries Scotland^F22] shall formulate any such proposals accordingly.

(3)If [^F23Boundaries Scotland^F23] receive a request from a local authority or from any person that [^F24it^F24] should conduct a review under subsection (2) above with respect to any local government area in which the authority or person appears to [^F25Boundaries Scotland^F25] to have an interest, [^F25Boundaries Scotland^F25] shall consider the request.

(4)^M1In any case where the Secretary of State has made an order under section 1 of the New Towns (Scotland) Act 1968 designating any land as, or as an extension of, a new town and the area of the new town as so designated or so extended is not wholly comprised within one district, he shall, as soon as practicable after the order has become operative, send to [^F26Boundaries Scotland^F26] a notice stating that the order is in operation and specifying the districts within which that area is situated, and on receipt of such a notice it shall be the duty of [^F27Boundaries Scotland^F27] , subject to section 15(3) of this Act, to review the areas of those districts for the purpose of considering whether to make such proposals in relation to them as are authorised by section 13 of this Act and what proposals, if any, to make, and [^F27Boundaries Scotland^F27] shall formulate any such proposals accordingly.

15 Powers of Secretary of State in relation to reviews._cross-notes

(1)The Secretary of State may by direction given to [^F28Boundaries Scotland^F28] vary the length of any interval specified in section 14(1) of this Act either as respects the whole review or as respects any particular case or cases.

(2)Subject to section 16 of this Act, the Secretary of State may direct [^F29Boundaries Scotland^F29] to conduct a review of the local government areas as a whole, or of any one or more such areas or parts thereof, for the purpose of considering whether to make such proposals in relation to the areas as are authorised by section 13 of this Act and what proposals, if any, to make, and [^F30Boundaries Scotland^F30] shall formulate any such proposals accordingly.

(3)The Secretary of State may direct [^F31Boundaries Scotland^F31] not to undertake during a specified period a review of any one or more local government areas or parts of such areas which [^F32it has^F32] the duty or power to review under section 14 of this Act.

(4)The Secretary of State may give directions to [^F33Boundaries Scotland^F33] for [^F34its^F34] guidance in conducting reviews under this Part of this Act and in making proposals in consequence thereof, and the directions may relate to all such reviews or to any particular review or class of review.

(5)A direction shall not be given under subsection (4) above with respect to any review conducted under this Part of this Act except after consultation with associations appearing to the Secretary of State to be representative of local authorities.

(6)The Secretary of State may give directions to [^F35Boundaries Scotland^F35] with respect to the order in which areas are to be reviewed by [^F36it^F36] under sections 14 and 15(2) of this Act.

16[^F37Wards and councillors: substantive changes in electoral arrangements^F37]_cross-notes

(1)No review shall be conducted under section 14 or 15 of this Act for the purpose of making proposals for a substantive change of electoral arrangements, but the following provisions of this section shall have effect with respect to the making of such proposals.

[^F38(2)Boundaries Scotland must review the electoral arrangements for a local government area for the purpose of—

(a)considering whether to make proposals to the Scottish Ministers for a substantive change in those arrangements,

(b)considering what proposals, if any, to make, and

(c)formulating any such proposals.

(2A)Boundaries Scotland must submit to the Scottish Ministers a report on its review of the electoral arrangements for a local government area under subsection (2)—

(a)in the case of the first report on its review of that area after the coming into force of this subsection by, in so far as is reasonably practicable, no later than 31 December 2028, and

(b)thereafter, in so far as is reasonably practicable, at intervals of not more than 15 years after the date of the submission of the report on its previous review of that area under subsection (2).^F38]

(3)Without prejudice to subsection (2) above, [^F39Boundaries Scotland^F39] may at any time, whether at the request of a local authority or otherwise, review the electoral arrangements for a local government area for the purpose of considering whether to make proposals to the Secretary of State for a substantive change in those arrangements and what proposals, if any, to make and [^F40Boundaries Scotland^F40] shall formulate any such proposals accordingly.

[^F4117Boundaries Scotland's reports and implementation_cross-notes

(1)Boundaries Scotland must submit a report to the Scottish Ministers where it—

(a)has a power or duty to formulate proposals to the Scottish Ministers, and

(b)has been conducting a review of—

(i)any area in accordance with section 14 or 15, or

(ii)electoral arrangements in accordance with section 16.

(2)Boundaries Scotland must—

(a)include in the report either—

(i)the proposals it has formulated following the review (or any part of the review), or

(ii)a notification that it has no proposals to make following the review (or any part of the review), and

(b)submit the report not later than the expiry of any time limit applicable to the review in question in terms of section 14, 15 or 16.

(3)Where the report includes a proposal that the number of councillors to be returned in an electoral ward is two, Boundaries Scotland must include in the report an explanation as to why it considers the proposal to be appropriate unless the proposal relates to an electoral ward consisting wholly or partly of one or more inhabited islands (within the meaning of section 1(2) of the Islands (Scotland) Act 2018).

(4)As soon as practicable after Boundaries Scotland has submitted a report under this section, the Scottish Ministers must—

(a)lay the report before the Scottish Parliament, and

(b)if the report proposes an alteration to any local government area or to any electoral arrangements, either—

(i)by regulations give effect to those proposals, or

(ii)lay before the Scottish Parliament for approval by resolution a draft Scottish statutory instrument containing regulations giving effect to those proposals (“draft instrument”), in the case where the regulations are subject to the affirmative procedure.

(5)Regulations under subsection (4)(b) are subject to the affirmative procedure if they—

(a)abolish or alter the boundaries of—

(i)any local government area,

(ii)any electoral ward, or

(b)increase or decrease the number of councillors to be returned in any electoral ward.

(6)If the draft instrument is withdrawn, or if the motion for the approval of the draft instrument is rejected by the Scottish Parliament, the Scottish Ministers must either—

(a)amend the draft instrument to make such minor or technical alterations as they consider appropriate (“amended draft instrument”) and lay the amended draft instrument before the Scottish Parliament, or

(b)notify Boundaries Scotland that it is required to conduct a further review of the proposals in accordance with section 17A.

(7)As soon as reasonably practicable after laying for approval the amended draft instrument in accordance with subsection (6)(a), the Scottish Ministers must publish a statement setting out their reasons for making the minor or technical alterations to the draft instrument.

(8)The Scottish Ministers must not withdraw a draft instrument or an amended draft instrument laid before the Scottish Parliament under subsection (4)(b)(ii) or, as the case may be, (6)(a) except with the agreement of the Scottish Parliament.

(9)If the Scottish Parliament approves—

(a)a draft instrument laid before it by the Scottish Ministers under subsection (4)(b)(ii), or

(b)an amended draft instrument laid before it by the Scottish Ministers under subsection (6)(a),

the Scottish Ministers must make the regulations contained in the draft instrument or, as the case may be, the amended draft instrument.

(10)The Scottish Ministers may lay before the Scottish Parliament under paragraph (b)(ii) of subsection (4) more than one draft Scottish statutory instrument containing regulations giving effect to proposals referred to in that subsection.

(11)Accordingly, the references in subsections (6) to (8) to a draft instrument or an amended draft instrument include references to more than one draft instrument or amended draft instrument.

17AFurther reviews and reports by Boundaries Scotland

(1)Boundaries Scotland must conduct a further review of proposals to alter any local government area or electoral arrangements where it has been notified by the Scottish Ministers under section 17(6)(b).

(2)Boundaries Scotland may determine the manner and the extent of the review under this section, provided that the purpose of the review is to—

(a)consider the representations (if any) of the Scottish Parliament, and

(b)reconsider the proposals and make any further or supplementary proposals as it thinks fit.

(3)Sections 18 (except subsections (2) and (3)) and 19 apply to a review under this section as they apply to a review under section 17 (but subject to the modification in subsection (4)).

(4)The modification is that the reference in subsection (2A) of section 18 to a consultation under subsection (2)(a) of that section is to be read as if it were a reference to any consultation carried out by Boundaries Scotland in connection with a review under this section.

(5)Boundaries Scotland may take such steps under section 18(3) as it thinks fit in relation to a review under this section.

(6)Boundaries Scotland must—

(a)before such date as the Scottish Ministers may direct, or in the absence of such direction, within such reasonable time as it may determine, submit a report to the Scottish Ministers on its further review under this section, and

(b)include in the report either—

(i)any further or supplementary proposals it has formulated following the review, or

(ii)a notification that it has no further or supplementary proposals to make.

(7)Where the report includes a further or supplementary proposal that the number of councillors to be returned in an electoral ward is two, Boundaries Scotland must include in the report an explanation as to why it considers the proposal to be appropriate unless the proposal relates to an electoral ward consisting wholly or partly of one or more inhabited islands (within the meaning of section 1(2) of the Islands (Scotland) Act 2018).

(8)Subsections (4) to (9) of section 17 apply to a report submitted under this section as they apply to a report submitted under section 17.

(9)But where a report has already been submitted under this section, the Scottish Ministers may notify Boundaries Scotland under subsection (6)(b) of section 17 that it is required to conduct a further review only if the Scottish Parliament has by resolution directed them to do so.

(10)A further review under this section is to be disregarded for the purposes of calculating the intervals between reviews under this Part.^F41]

Conduct of Reviews

18 Procedure for reviews._cross-notes

(1)Where [^F42Boundaries Scotland^F42] propose to conduct a review under the foregoing provisions of this Part of this Act, [^F43it must^F43] take such steps as [^F44it thinks^F44] fit to secure that persons who may be interested in the review are informed of the proposal to conduct it and of any directions of the Secretary of State which are relevant to it.

(2)In conducting any such review, [^F45Boundaries Scotland^F45] shall—

(a)consult—

(i)the council of any local government area affected by the review, and such other local authorities, community councils and public bodies as appear to [^F46it^F46] to be concerned;

(ii)any bodies representative of staff employed by local authorities who have asked [^F45Boundaries Scotland^F45] to consult them; and

(iii)such other persons as [^F47it thinks^F47] fit;

[^F48(aa)at least two months before taking any steps under paragraph (b) below to inform other persons of any draft proposals or any interim decision not to make proposals, inform the council of any local government area affected by the review of those proposals or that decision;

(ab)before taking any such steps, take into consideration any representation made to [^F49it^F49] by such a council during the period of two months beginning on the day on which the council is informed under paragraph (aa);^F48]

(b)take such steps as [^F50it thinks^F50] fit for seeing that persons who may be interested in the review are informed of any draft proposals or any interim decision not to make proposals, and of the place or places where those proposals or that decision can be inspected;

(c)in particular, deposit copies of those proposals or that decision at the offices of the council of any local government area which may be affected thereby and require any such council to keep the copies available for inspection at their offices for a period specified in the requirement; and

(d)take into consideration any representation made to [^F51it^F51] within that period.

[^F52(2A)The Scottish Ministers may give directions to—

(a)[^F53Boundaries Scotland^F53],

(b)the council of any local government area affected by a review,

in relation to consultation under subsection (2)(a) above.

(2B)Such directions may be given generally or in relation to particular reviews or particular aspects of reviews.^F52]

(3)Where [^F54Boundaries Scotland^F54] make a report under this Part of this Act [^F55it must^F55] —

(a)take such steps as [^F56it thinks^F56] fit for securing that persons who may be interested in the report are informed of it and of the place or places where it can be inspected;

(b)^F60in particular, deposit copies of the report at the offices of the council of any local government area which may be affected thereby and require any such council to keep the copies available for inspection at their offices until the expiration of six months after the making of [^F57regulations giving effect^F57] to any proposals contained in the report, or after a notification by [^F58Boundaries Scotland^F58] that [^F59it has^F59] no proposals to put forward... .

(4)Subject to the foregoing provisions of this section, the procedure of [^F61Boundaries Scotland^F61] in conducting any review under this Part of this Act shall be such as [^F62it^F62] may determine.

19 Local inquiries._cross-notes

(1)[^F63Boundaries Scotland^F63] may cause a local inquiry to be held with respect to any review carried out by [^F64it^F64] under this Part of this Act.

(2)Subsections (3) to (6) and (8) of section 210 of this Act shall apply in relation to an inquiry held under this section with the substitution for references to a Minister of references to [^F65Boundaries Scotland^F65] .

Supplementary Provisions

20 First review of electoral arrangements.

^F66. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

21[^F67Delegation of Boundaries Scotland's functions^F67]_cross-notes

(1)[^F68Boundaries Scotland^F68] may appoint one or more members of [^F69Boundaries Scotland^F69] —

(a)to hold any local inquiry or to carry out any consultation or investigation which [^F69Boundaries Scotland^F69] are required or authorised to hold or carry out under this Act; and

(b)to report to [^F69Boundaries Scotland^F69] accordingly.

(2)At the request of [^F70Boundaries Scotland^F70] the Secretary of State may appoint one or more persons as assistant commissioners for all or any of the purposes specified in subsection (1)(a) and (b) above.

(3)The appointment of an assistant commissioner under subsection (2) above—

(a)shall be for such period or for such purpose or purposes as may be specified in the terms of his appointment; and

(b)shall be on such terms and conditions as to remuneration and otherwise as may be determined by the Secretary of State with the approval of [^F71the Treasury^F71] .

22 Restriction on promotion of private legislation for changing local government areas, etc.

No local authority shall have power to promote private legislation for forming or abolishing any local government area or for altering, or altering the status or electoral arrangements of, any local government area.

[^F7223 Change of name of local government area.

(1)The council of a local government area may, by a resolution passed by not less than two-thirds of the members voting thereon at a meeting of the council specially convened for the purpose with notice of the object, change the name of the area.

[^F73(1A)Where a council so change the name of their area into Gaelic, they may also, by a resolution passed in accordance with subsection (1) above and notwithstanding sections 2(3) and 3(1)(a) of the ^M2Local Government etc. (Scotland) Act 1994, decide that their name shall be “Comhairle” with the addition of the name of their area.

(1B)A council which have so changed their name into Gaelic may, by a resolution passed in accordance with subsection (1) above, change it back into English.^F73]

(2)Notice of any change of name made under this section—

(a)shall be sent by the council concerned to the Secretary of State, to the Director General of the Ordnance Survey and to the Registrar General of Births, Deaths and Marriages for Scotland; and

(b)shall be published in such manner as the Secretary of State may direct.

(3)A change of name made in pursuance of this section shall not affect any rights or obligations of any council, authority or person, or render defective any legal proceedings; and any legal proceedings may be commenced or continued as if there had been no change of name.^F72]

24 Consequential and transitional arrangements relating to Part II.

(1)The Secretary of State may by regulations of general application make such incidental, consequential, transitional or supplementary provision as may appear to him to be necessary or proper for the purposes or in consequence of [^F74regulations^F74] under this Part of this Act or for giving full effect thereto; and nothing in any other provision of this Act shall be construed as prejudicing the generality of this subsection.

(2)Regulations under this section may apply, with or without modifications, or extend, exclude or amend, or repeal or revoke, with or without savings, any provision of a local Act or any instrument made under an Act.

(3)A statutory instrument containing regulations under this section shall be subject to annulment in pursuance of a resolution of either House of Parliament.

(4)[^F75Regulations^F75] under this Part of this Act may include the like provision in relation to the [^F76regulations^F76] as may be made by regulations of general application under this section by virtue of subsections (1) and (2) above; and nothing in any other provision of this Act shall be construed as prejudicing the generality of this subsection.

(5)Any such [^F77regulations^F77] may also include provision with respect to—

(a)the name of any altered area;

(b)the constitution and election of public bodies in any area affected by the [^F77regulations^F77] ;

(c)the retiral of existing councillors for electoral [^F78wards^F78] which have been abolished or the assignment of such councillors and of other existing councillors to new or altered electoral [^F78wards^F78] , and the first election of councillors for any new or altered electoral [^F78wards^F78] ;

(d)without prejudice to paragraph (c) above, the holding of a fresh election of councillors for all electoral [^F78wards^F78] in the local government area in question in a case where substantial changes have been made to some of those [^F78wards^F78] ;

(e)the abolition or establishment, or the restriction or extension, of the jurisdiction of any public body in or over any part of the area affected by the [^F77regulations^F77] ;

(f)^F79the register of electors to be used at any election of . . . councillors for any electoral [^F80ward^F80] affected by the [^F77regulations^F77] .

(6)In this section and in section 25 of this Act, “public body” means a local authority, joint board or joint committee.

25 Transitional agreements as to property and finance._cross-notes

(1)Subject to any regulations made under section 24 of this Act and to the provisions of any [^F81regulations^F81] made under this Part of this Act, any public bodies affected by the alteration, abolition or constitution of any area by [^F82regulations^F82] under this Part of this Act may from time to time make agreements with respect to any property, income, rights, liabilities and expenses (so far as affected by the alteration, abolition or constitution) of, and any financial relations between, the parties to the agreement.

(2)The agreement may provide—

(a)for the transfer or retention of any property, rights and liabilities, with or without conditions, and for the joint use of any property;

(b)for the making of payments by either party to the agreement in respect of property, rights and liabilities so transferred or retained, or of such joint use, and in respect of the remuneration or compensation payable to any person; and

(c)for the making of any such payment either by way of a capital sum or of a terminable annuity.

(3)^M3In default of agreement as to any matter, the matter shall be referred to the arbitration of a single arbiter agreed on by the parties, or in default of agreement appointed by the Secretary of State, and the award of the arbiter may provide for any matter for which an agreement under this section might have provided; but the provisions of section 3 of the Administration of Justice (Scotland) Act 1972 (power of arbiter to state case to Court of Session) shall not apply in relation to an arbitration under this section.

(4)Any sum required to be paid by a public body in pursuance of an agreement or award under this section shall be defrayed in such manner as may be specified in the agreement or award and, failing the agreement or award so specifying, in such manner as the public body making the payment may determine.

(5)Any capital sum received by a public body in pursuance of an agreement or award under this section shall be treated as capital and shall be applied with the sanction of the Secretary of State either in the repayment of capital debt or for any other purpose for which capital money may be applied.

26[^F83Variation and revocation of regulations under Part 2^F83]

[^F84(1)The power conferred by section 233 to vary and revoke orders under this Act is to be read to apply to regulations under this Part but modified to apply only in relation to any supplementary provision contained in any such regulations, and regulations varying or revoking any such provision may be made only after compliance with subsections (2) and (3).^F84]

(2)When the Secretary of State proposes to make any such varying or revoking [^F85regulations^F85] he shall prepare a draft of the [^F85regulations^F85] , shall send copies of the draft to such local or public authorities and community councils as appear to him to be concerned, and shall give public notice, in such manner as appears to him sufficient for informing persons likely to be concerned, that the draft has been prepared, that a copy of the draft is available for inspection at one or more places specified in the notice and that representations with respect to the draft may be made to him within two months of the publication of the notice.

(3)The Secretary of State shall consider any representations duly made with respect to the draft and may, if he thinks fit, make [^F86regulations^F86] either in the form of the draft or subject to modifications.

(4)The Secretary of State may cause a local inquiry to be held with respect to [^F87draft regulations^F87] under this section.

(5)In this section “supplementary provision” means any such provision as could be made by [^F88regulations^F88] under this part of this Act by virtue of section 24 or 215 of this Act.

27[^F89Consultation with Boundaries Scotland on schemes for community councils^F89]

In considering the framing or approval of a scheme or of an amendment to a scheme under Part IV of this Act, a local authority or the Secretary of State may consult [^F90Boundaries Scotland^F90] on any matter relating to the boundaries of the area of a community council.

28 Supplementary.

(1)In this Part of this Act—

• “electoral arrangements” means, in relation to a local government area, the number of councillors of the council for that area, the number and boundaries of the electoral [^F91wards^F91] into which that area is for the time being divided for the purpose of the election of the councillors [^F92, the number of councillors for each electoral ward^F92] , and the designation of any electoral [^F91ward^F91] ;

• [^F93“local government area” means the area of a local authority;^F93]

• “substantive change” has the meaning assigned to it by section 13(d) of this Act.

(2)In considering the electoral arrangements for local government areas for the purposes of this Part of this Act, [^F94or section 4(1) of the Local Governance (Scotland) Act 2004 (asp 9)^F94] the Secretary of State and [^F95Boundaries Scotland^F95] shall so far as is reasonably practicable comply with the rules set out in Schedule 6 to this Act, and the said arrangements shall be in accordance with the provisions of [^F96section 1 of the Local Governance (Scotland) Act 2004 (asp 9)^F96] .

(3)^F97. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Part III General Provisions as to Members of Local Authorities and Proceedings

Qualifications and disqualifications

29 Qualifications for nomination, election and holding office as member of local authority._cross-notes

(1)A person shall, unless disqualified by virtue of this Act or any other enactment, be qualified to be nominated as a candidate for election as, or to be elected, or to be, a member of a local authority if he has attained the age of [^F9818^F98] years, is a [^F99qualifying Commonwealth citizen^F99] or a citizen of the Irish Republic [^F100or a [^F101qualifying foreign national^F101,F100]][^F102or a schedule 6A national^F102] and not subject to any legal incapacity and—

(a)is, on the day on which he is nominated as a candidate, a local government elector for the area of the authority; or

(b)has, during the whole of the twelve months preceding the day on which he is nominated as a candidate, occupied as owner or tenant any land or other premises in the area of the authority; or

(c)his principal or only place of work in the twelve months preceding the day on which he is nominated as a candidate has been in the area of the authority; or

(d)has, during the whole of the twelve months preceding the day on which he is nominated as a candidate, resided in the area of the authority.

^F103(1A). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(2)In subsection (1) above,

• ^F104...

• “owner” includes heir of entail in possession, liferenter and beneficiary entitled under any trust to the rents and profits of land or other premises, and does not include fiar of land or other premises subject to a liferent, or tutor, curator, judicial factor or commissioners.

[^F105(3)For the purposes of this section, a person is a qualifying Commonwealth citizen if he is a Commonwealth citizen who either—

(a)is not a person who requires leave under the Immigration Act 1971 to enter or remain in the United Kingdom, or

(b)is such a person but for the time being has (or is, by virtue of any enactment, to be treated as having) indefinite leave to remain within the meaning of that Act.

(4)But a person is not a qualifying Commonwealth citizen by virtue of subsection (3)(a) if he does not require leave to enter or remain in the United Kingdom by virtue only of section 8 of the Immigration Act 1971 (exceptions to requirement for leave in special cases).^F105]

[^F106(5)For the purposes of this section, a “qualifying foreign national” means a person of any nationality who—

(a)is not a Commonwealth citizen or a citizen of the Republic of Ireland [^F107or a schedule 6A national^F107], and

(b)meets one of the conditions mentioned in subsection (6).

(6)The conditions are that the person—

(a)is not a person who requires leave under the Immigration Act 1971 to enter or remain in the United Kingdom (excluding a person who does not require such leave by virtue only of section 8 of the Immigration Act 1971 (exceptions to requirement for leave in special cases)), or

(b)is such a person but for the time being—

(i)has (or is, by virtue of any enactment, to be treated as having) indefinite leave to remain within the meaning of that Act, or

(ii)has pre-settled status.

(7)For the purposes of subsection (6)(b)(ii), a person has pre-settled status if the person has limited leave to remain in the United Kingdom granted by virtue of residence scheme immigration rules (within the meaning of section 17(1) of the European Union (Withdrawal Agreement) Act 2020).^F106]

[^F108(8)For the purposes of this section, a “schedule 6A national” means a person who—

(a)is a national of a country for the time being listed in schedule 6A, and

(b)either—

(i)is not a person who requires leave under the Immigration Act 1971 to enter or remain in the United Kingdom, or

(ii)is such a person but for the time being has (or is, by virtue of any enactment, to be treated as having) any description of such leave.^F108]

30 Re-election.

A person ceasing to hold office to which he is elected under [^F109the Local Government etc. (Scotland) Act 1994^F109] shall, unless he is not qualified or is disqualified, be eligible for re-election.

31 Disqualifications for nomination, election and holding office as member of local authority._cross-notes

(1)Subject to subsections (2) and (3) below, a person shall be disqualified for being nominated as a candidate for election as, or for being elected, or for being, a member of a local authority if—

(a)^F110. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b)he is a person whose estate has been sequestrated by a court in Scotland or who has been adjudged bankrupt elsewhere than in Scotland; or

[^F111(ba)he is subject to a bankruptcy restrictions order;^F111]

(c)he has, within five years before the day of nomination, or election or since his election, as the case may be, been convicted in the United Kingdom, the Channel Islands, the Isle of Man or the Irish Republic of any offence and has had passed on him a sentence of imprisonment (whether suspended or not) for a period of not less than three months without the option of a fine; or

(d)he is disqualified for being elected or for being a member of that authority under Part III of the ^M4[^F112Representation of the People Act 1983^F112] .

[^F113(1A)A person is disqualified for being a member of a joint board if he or a partner of his holds any paid office or employment (other than the office of [^F114convener or depute convener^F114] of the board) or other place of profit in the gift or disposal of the board.^F113]

(2)Where a person is disqualified under subsection (1) above by reason of his estate having been sequestrated, the disqualification shall cease if and when—

(a)the sequestration of his estate is recalled or reduced; or

[^F115(b)he is discharged under or by virtue of the Bankruptcy (Scotland) Act [^F1162016^F116] .^F115]

(3)Where a person is disqualified under subsection (1) above by reason of having been adjudged bankrupt, then—

(a)if the bankruptcy is annulled on the ground that he ought not to have been adjudged bankrupt or on the ground that his debts have been paid in full, the disqualification shall cease on the date of the annulment;

(b)if he is discharged with a certificate that the bankruptcy was caused by misfortune without any misconduct on his part, the disqualification shall cease on the date of his discharge; and

(c)if he is discharged without such a certificate, his disqualification shall cease on the expiration of five years from the date of his discharge.

[^F117(3A)A person who is for the time being an officer or employee of the Strathclyde Passenger Transport Authority or an employee of a subsidiary of that Authority shall be disqualified for being appointed or for being a member of the Strathclyde Passenger Transport Authority.^F117]

[^F118(3B)In subsection (1)(ba) above, “bankruptcy restrictions order” means—

(a)a bankruptcy restrictions order made under section [^F119155 of the Bankruptcy (Scotland) Act 2016^F119] ;

^F120(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(c)a bankruptcy restrictions order made under paragraph 1 of Schedule 4A to the Insolvency Act 1986 (c. 45); or

(d)a bankruptcy restrictions undertaking entered into under paragraph 7 of that Schedule.^F118]

^F121(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[^F12231ADisqualification of officers, employees etc. from remaining members of local authority

(1)A person elected a member of a local authority who is the holder of any paid office or employment or other place of profit in the gift or disposal of the authority is disqualified from remaining a member of the authority after the relevant day unless the person complies with subsection (2) below.

(2)A person complies with this subsection by resigning, not later than the relevant day, from that office, employment or, as the case may be, other place of profit.

(3)A resignation effected in pursuance of subsection (2) above terminates the holding of the office, employment or other place of profit with immediate effect notwithstanding any contrary provision in the terms and conditions under which the office, employment or place of profit is held.

(4)In this section the relevant day is the day first occurring after that on which the person elected a member of the local authority was, under the local elections rules, declared to be so elected (no account being taken of a day which is a Saturday or Sunday or Christmas Eve, Easter Monday, or a bank holiday in Scotland under the Banking and Financial Dealings Act 1971 (c. 80) or a day appointed for public thanksgiving or mourning in Scotland).

(5)In subsection (4) above, the “local elections rules” means an order made under section 3(1) of the Local Governance (Scotland) Act 2004 (asp 9).

(6)This section does not affect section 1 (disqualification and political restriction of certain local government officers and staff) of the Local Government and Housing Act 1989 (c. 42).^F122]

32 Proceedings for disqualification._cross-notes

(1)Subject to subsection (3) below, proceedings against any person on the ground that he is disqualified (within the meaning of this section) for being nominated as a candidate for election as a member of a local authoritymay be instituted before the sheriff principal by any opposing candidate at the election.

(2)Subject to subsection (3) below, proceedings against any person on the ground that he acted, or claims to be entitled to act, as a member of a local authority while disqualified for so acting within the meaning of this section may be instituted before the sheriff principal by the local authority concerned or by any four or more local government electors for the area concerned.

(3)Proceedings under this section may not be instituted after the alleged disqualification has ceased to exist, but proceedings pending at the time of such cessation may continue.

(4)Where in proceedings under this section it is proved that a person has acted as a member of a local authority while disqualified for so acting, the sheriff principal may—

(a)make a declaration to that effect and declare that the office in which the person has acted is vacant;

(b)grant interdict against the person so acting;

(c)order the person to pay to the authority such sum not exceeding £100 as the sheriff principal thinks fit.

(5)Where in proceedings under this section it is proved that the person concerned claims to act as a member of a local authority and is disqualified for so acting, the sheriff principal may make a declaration to that effect and declare that the office in which the person claims to be entitled to act is vacant and grant interdict against the person so acting.

(6)The sheriff principal shall have the same powers and privileges as a judge on the trial of a parliamentary election petition.

(7)For the purposes of this section, a person shall be deemed to be disqualified for acting as a member of a local authority if he is not qualified to be, or is disqualified for being, a member of the authority.

33 Validity of acts done by unqualified persons._cross-notes

The acts and proceedings of any person elected to an office under [^F123the Local Government etc. (Scotland) Act 1994^F123] and acting in that office shall, notwithstanding any question as to the validity of his election or his disqualification or want of qualification, be as valid and effectual as if he had been duly elected and qualified.

[^F124 Acceptance of Office

33A Declaration of acceptance of office of councillor._cross-notes

(1)A person elected to office as a councillor of a local authority shall not, unless—

(a)he has made a declaration of acceptance of office in a form prescribed by an order made by the Secretary of State; and

(b)the declaration has within two months from the day of the election been delivered to the proper officer of the local authority,

act in the office except for the purpose of taking such a declaration.

(2)If such a declaration is not made and delivered to the proper officer within the appointed time, the office of the person elected shall at the expiration of that time become vacant.

(3)The declaration shall be made before either—

(a)two members of the local authority to which the declarant is elected; or

(b)the proper officer of the local authority; or

(c)the sheriff; or

(d)a justice of the peace.

(4)Any person before whom a declaration is authorised to be made under this section may take the declaration.^F124]

Resignation and Vacation of Office

34 Resignation._cross-notes

A member of a local authority may, at any time, resign his office as member by a notice in writing signed by him and delivered to the proper officer of the authority, and his resignation shall take effect upon the expiration of three weeks after the date of delivery of the notice or upon such earlier date, if any, as may be stated in the notice as the date on which the resignation is to take effect.

35 Vacation of office by failure to attend meetings._cross-notes

(1)Subject to subsections [^F125(2) to (4)^F125] below, if a member of a local authority fails throughout a period of six consecutive months to attend any meeting of the authority, he shall, unless the failure was due to some reason approved by the authority, cease to be a member of the authority.

(2)Attendance as a member at a meeting of any committee or sub-committee of the authority, or at a meeting of any joint committee, joint board or other body by whom for the time being any of the functions of the authority are being discharged, and attendance as representative of the authority at a meeting of any body of persons, shall be deemed for the purposes of subsection (1) above to be attendance at a meeting of the authority.

(3)A member of any branch of Her Majesty’s naval, military or air forces when employed during war or any emergency on any naval, military or air force service, and a person whose employment in the service of Her Majesty in connection with war or any emergency is such as, in the opinion of the Secretary of State, to entitle him to relief from disqualification on account of absence, shall not cease to be a member of a local authority by reason only of a failure to attend meetings of the local authority if the failure is due to that employment.

[^F126(4)The absence of a member of a local authority from a meeting of the authority during a period of suspension imposed on the member under section 103F or 103G of this Act or section 19 or 21(2) of the Ethical Standards in Public Life etc. (Scotland) Act 2000 (asp 7) is not, for the purposes of this section, a failure to attend the meeting.^F126]

36 Casual vacancies.

For the purpose of filling a casual vacancy in any office for which an election is held under [^F127the Local Government etc. (Scotland) Act 1994^F127] , the date on which the vacancy is to be deemed to have occurred shall be—

(a)in the case of death, on the date of death;

(b)in the case of resignation, the date on which the notice of resignation takes effect;

(c)in the case of the election of a person who is not qualified to be elected or who is disqualified for being elected a member of a local authority, or of a member of a local authority ceasing to be qualified to be a member or becoming disqualified for being a member, the date on which the office has been declared vacant by the sheriff principal [^F128or become vacant by operation of section 19(3)(a) (effect of disqualification) of the Ethical Standards in Public Life etc. (Scotland) Act 2000 (asp 7).^F128] or the date of the determination of any appeal;

(d)in the case of a full number of members of a local authority not being elected at an election, the [^F129day on which the poll was held at^F129] the election;

(e)in the case of an election being declared void on an election petition, the date of the decision of the election court;

(f)in the case of a vacancy arising from any other cause, not being a vacancy arising in ordinary course, such date as the local authority may determine.

37 Filling of casual vacancies._cross-notes

(1)On a casual vacancy occurring in the office of councillor, an election to fill the vacancy shall be held within three months from the date on which the vacancy is deemed to have occurred, and the [^F130day on which the poll is to be held at the^F130] election to fill the vacancy shall be fixed by the returning officer.

(2)^F132Where a casual vacancy in any such office occurs within six months before the [^F131relevant^F131] date . . . , an election shall not be held under subsection (1) above unless, on the occurrence of the vacancy (or in the case of a number of simultaneous vacancies, the occurrence of the vacancies), the total number of unfilled vacancies in the membership of the council exceeds one third of the whole number of members; and where an election under subsection (1) above is not held, the vacancy shall be filled at the next ordinary election.

[^F133(2A)For the purposes of subsection (2) above, the “relevant date” is—

(a)the first Thursday in May in the year in which the next ordinary election is to be held; or

(b)where, by virtue of subsection (1)(b) of section 43 of the Representation of the People Act 1983 (c.2), the poll at that election is to be held on another day, that other day.^F133]

(3)A person elected to fill a casual vacancy in the office of councillor shall hold office until the day of the next ordinary election.

[^F13437APower of returning officer to postpone election for casual vacancy

(1)This section applies where—

(a)a casual vacancy occurs in the office of councillor,

(b)the returning officer fixes a date under section 37(1) on which the poll is to be held at the election to fill the casual vacancy, and

(c)the date fixed does not fall within the period of 6 months before the relevant date.

(2)If the returning officer considers it necessary or appropriate for any reason to do so, the returning officer may fix another date for the holding of the poll to fill the casual vacancy which is to be within the period of 3 months beginning with the date of the poll fixed by the returning officer under section 37(1).

(3)Subsection (4) applies where—

(a)the returning officer fixes a date under subsection (2), and

(b)the date fixed does not fall within the period of 6 months before the relevant date.

(4)If the returning officer considers it necessary or appropriate for any reason to do so, the returning officer may fix another date for the holding of the poll to fill the casual vacancy which is to be within the period of 3 months beginning with the date of the poll fixed by the returning officer under subsection (2).

(5)Before fixing a date under subsection (2) or (as the case may be) subsection (4), the returning officer must consult—

(a)the Electoral Commission, and

(b)the convener of the Electoral Management Board for Scotland.

(6)As soon as reasonably practicable after fixing a date under subsection (2) or (as the case may be) subsection (4), the returning officer must publish, in such manner as the returning officer considers appropriate, a statement setting out—

(a)the date fixed for the holding of the poll, and

(b)the reasons for the exercise of the power.

(7)For the purposes of this section, section 37B and section 37C the “relevant date” has the meaning given in section 37(2A).^F134]

[^F13437BFurther power of returning officer to postpone election for casual vacancy where large number of unfilled vacancies

(1)This section applies where—

(a)a casual vacancy occurs in the office of councillor,

(b)on the occurrence of the casual vacancy (or in the case of a number of simultaneous vacancies, the occurrence of the vacancies), the total number of unfilled vacancies in the membership of the council exceeds one third of the whole number of members,

(c)the returning officer fixes a date under section 37 or 37A on which the poll is to be held at the election to fill the casual vacancy, and

(d)the date fixed falls within the period beginning 6 months before the relevant date and ending 3 months before the relevant date.

(2)If the returning officer considers it necessary or appropriate for any reason to do so, the returning officer may fix another date for the holding of the poll to fill the casual vacancy which is to be within the period of 3 months beginning with the date of the poll fixed by the returning officer under section 37 or (as the case may be) 37A.

(3)Before fixing a date under subsection (2) the returning officer must consult—

(a)the Electoral Commission, and

(b)the convener of the Electoral Management Board for Scotland.

(4)As soon as reasonably practicable after fixing a date under subsection (2), the returning officer must publish, in such manner as the returning officer considers appropriate, a statement setting out—

(a)the date fixed for the holding of the poll, and

(b)the reasons for the exercise of the power.^F134]

[^F13437CPower of returning officer to cancel election for casual vacancy

(1)This section applies where—

(a)a casual vacancy occurs in the office of councillor,

(b)the returning officer fixes a date under section 37, 37A or 37B on which the poll is to be held at the election to fill the casual vacancy, and

(c)the date fixed falls within the period of 6 months before the relevant date.

(2)If the returning officer considers it necessary or appropriate for any reason to do so, the returning officer may determine that an election to fill the casual vacancy is not to be held.

(3)Before determining that an election is not to be held under subsection (2), the returning officer must consult—

(a)the Electoral Commission, and

(b)the convener of the Electoral Management Board for Scotland.

(4)As soon as reasonably practicable after determining that an election is not to be held under subsection (2), the returning officer must publish, in such manner as the returning officer considers appropriate, a statement setting out—

(a)that an election is not to be held, and

(b)the reasons for the exercise of the power.

(5)Where an election is not held by virtue of the returning officer’s determination under subsection (2), the casual vacancy is to be filled at the next ordinary election.^F134]

Restrictions on voting

38 Disability of members of authorities for voting on account of interest in contracts, etc.

^F135. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

39Pecuniary interests for purposes of section 38.

^F136. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

40General notices and recording of disclosures for purposes of section 38.

^F137. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

41 Removal or exclusion of disability, etc.

^F138. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

42 Interpretation of sections 39 and 41.

^F139. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Meetings and proceedings

43 Meetings and proceedings of local authorities._cross-notes

The provisions of Schedule 7 to this Act shall have effect with respect to the meetings and proceedings of local authorities and their committees.

^F14044. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Allowances to members of local authorities and other bodies

^F14145. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^F14245A. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

46 Travelling allowance and subsistence allowance._cross-notes

(1)Subject to subsection (2) below a member of a body to which this section applies shall be entitled to receive payments by way of travelling allowance or subsistence allowance where expenditure on travelling (whether inside or outside the United Kingdom) or, as the case may be, on subsistence is necessarily incurred by him for the purpose of enabling him to perform any approved duty as a member of that body, being payments at rates determined by that body, but not exceeding, in the case of travel [^F143or subsistence^F143] for the purpose of an approved duty within the United Kingdom, such rates as may be specified by the Secretary of State.

^F144(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

47 Allowances for attending conferences and meetings._cross-notes

(1)The following bodies, that is to say—

(a)^F145. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b)[^F146any body^F146] to which this section applies and which has power by virtue of any enactment to send representatives to any conference or meeting to which this section applies;

may pay any member of [^F147the body^F147] attending any such conference or meeting such [^F148allowances in the nature of an attendance allowance and an allowance for travel and subsistence, as they think fit.

(1A)payments made under subsection (1) above shall be of such reasonable amounts as the body in question may determine in a particular case or class of case but shall not exceed—

(a)in the case of payments of an allowance in the nature of an attendance allowance, such amounts as may be specified in or determined under regulations made by the Secretary of State; and

(b)in the case of payments of an allowance in the nature of an allowance for travel and subsistence in respect of a conference or meeting held in the United Kingdom, such amounts as may be specified under section 46 above for the corresponding allowance under that section;

and regulations made by the Secretary of State may make it a condition of any payment mentioned in paragraph (a) above that, in the financial year to which the payment would relate, the aggregate amount which the body in question has paid or is already liable to pay in respect of any prescribed allowance or allowances does not exceed such maximum amount as may be specified in or determined under the regulations.^F148]

(2)Where a body mentioned in subsection (1)(b) above has power under any enactment other than this Act or any instrument under such an enactment to pay expenses incurred in attending a conference or meeting to which this section applies, the amount payable under that enactment or instrument shall not exceed the amount which would be payable in respect of the attendance under that subsection.

(3)^F149. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[^F150(3A)In relation to any [^F151body which is a joint board, joint authority or other combined body all the members of which are representatives of local authorities^F151] this section applies to a conference or meeting held [^F152inside or outside the United Kingdom and convened by any person or body (other than a person or body convening it in the course of a trade or business or a body the objects of which are wholly or partly political)^F152] for the purpose of discussing matters which in the body’s opinion relate—

(a)to the functions of the body; or

(b)to any functions of local authorities in which the body has an interest.^F150]

(4)^F153In relation to any other body to which this section applies, . . . this section applies to a conference or meeting convened by one or more such bodies or by an association of such bodies.

^F154(5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

48 Payment of expenses of official and courtesy visits, etc._cross-notes

(1)Subject to subsection (2) below, a local authority may—

(a)defray any travelling or other expenses [^F155receipted and^F155] reasonably incurred by or on behalf of any members in making official and courtesy visits, whether inside or outside the United Kingdom, on behalf of the authority;

(b)defray any expenses incurred in the reception and entertainment by way of official courtesy of distinguished persons visiting the area of the authority and persons representative of or connected with local government or other public services whether inside or outside the United Kingdom and in the supply of information to any such persons.

(2)In the case of a visit within the United Kingdom, the amount defrayed under this section by a local authority in respect of the expenses of any member of the authority in making a visit within the United Kingdom shall not exceed the payments which he would have been entitled to receive by way of [^F156any allowances and reimbursement of expenditure by virtue of regulations made under section 11 of the Local Governance (Scotland) Act 2004^F156] if the making of the visit had been an approved duty of that member.

49 Provisions supplementary to sections 45 to 48._cross-notes

(1)Sections 45 to 47 of this Act shall apply to the following bodies—

(a)^F157. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^F158(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(c)any joint committee of two more local authorities, whether appointed or established under this Act or any other enactment;

(d)any board, joint board, joint authority or other combined body, all the members of which are representatives of local authorities;

(e)any body prescribed for the purposes of those sections and on which any such body as is mentioned in any of the foregoing paragraphs is represented; and

^F159(f). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^F160(1A). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[^F161(2)In sections 46 to 48 above “approved duty”, in relation to a member of a body, means such duties as may be specified in or determined under regulations made by the Secretary of State.^F161]

(3)^F162For the purposes of sections 45 to 48 of this Act a member of a committee or sub-committee of a . . . body mentioned in subsection (1) above shall be deemed to be a member of that body.

(4)Section 38(4) of this Act shall apply in relation to a member of any body mentioned in subsection (1) above to whom it would not otherwise apply as it applies in relation to a member of a local authority; and no other enactment or instrument shall prevent a member of any such body from taking part in the consideration or determination of any allowance or other payment under any of the provisions of sections 45 to 48 of this Act [^F163or under any scheme made by virtue of section 18 of the Local Government and Housing Act 1989^F163] .

^F16449A. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

50 Regulations as to allowances._cross-notes

(1)The Secretary of State may make regulations as to the manner in which sections 45 to 48 [^F165and 49A^F165] of this Act are to be administered, and in particular, and without prejudice to the generality of the foregoing provision, may make regulations—

(a)providing for the avoidance of duplication in payments under those sections, or between payments under any of those sections and any other Act, and for the determination of the body or bodies by whom any payments under those sections are to be made, and, where such payments are to be made by more than one body, for the apportionment between those bodies of the sums payable;

(b)specifying the forms to be used and the particulars to be provided for the purpose of claiming payments under those sections;

(c)providing for the publication by a body to which sections 45 to 47 of this Act apply, in the minutes of that body or otherwise, of details of such payments.

(2)A statutory instrument containing regulations under section 45 [^F16649 or 49A^F166] of this Act or this section shall be subject to annulment in pursuance of a resolution of either House of Parliament.

[^F167Part IIIA Access to Meetings and Documents of Local Authorities, Committees and Sub-Committees_cross-notes

50A Admission to meetings of local authorities._cross-notes

(1)A meeting of a local authority shall be open to the public except to the extent that they are excluded (whether during the whole or part of the proceedings) under subsection (2) below or by resolution under subsection (4) below.

(2)The public shall be excluded from a meeting of a local authority during consideration of an item of business whenever it is likely, in view of the nature of the business to be transacted or the nature of the proceedings, that, if members of the public were present during consideration of that item, confidential information would be disclosed to them in breach of the obligation of confidence; and nothing in this Part shall be taken to authorise or require the disclosure of confidential information in breach of the obligation of confidence.

(3)For the purposes of subsection (2) above, “confidential information” means—

(a)information furnished to the authority by a Government department upon terms (however expressed) which forbid the disclosure of the information to the public; and

(b)information the disclosure of which to the public is prohibited by or under any enactment or by the order of a court;

and, in either case, the reference to the obligation of confidence is to be construed accordingly.

(4)A local authority may by resolution exclude the public from a meeting during consideration of an item of business whenever it is likely, in view of the nature of the business to be transacted or the nature of the proceedings, that if members of the public were present during consideration of that item of business there would be disclosure to them of exempt information, as defined in section 50J below.

(5)A resolution under subsection (4) above shall—

(a)identify the proceedings, or the part of the proceedings, to which it applies; and

(b)state the description, in terms of Schedule 7A to this Act, of the exempt information giving rise to the exclusion of the public,

and where such a resolution is passed this section shall not require a meeting to be open to the public during proceedings to which the resolution applies.

(6)The following provisions shall apply in relation to a meeting of a local authority, that is to say—

(a)public notice of the time and place of the meeting shall be given by posting it at the offices of the authority three clear days at least before the meeting or, if the meeting is convened at shorter notice, then at the time it is convened;

(b)while the meeting is open to the public, the authority shall not have power to exclude members of the public from the meeting; and

(c)where the meeting is open to the public, duly accredited representatives of newspapers attending the meeting for the purpose of reporting the proceedings for those newspapers shall, so far as practicable, be afforded reasonable facilities for taking their report and, unless the meeting is held in premises not belonging to the authority or not connected to a public [^F168electronic communications network, for transmitting the report by means of such a network^F168] at their own expense.

(7)Nothing in this section shall require a local authority to permit the taking of photographs of any proceedings, or the use of any means to enable persons not present to see or hear any proceedings (whether at the time or later), or the making of any oral report on any proceedings as they take place.

(8)This section is without prejudice to any power of exclusion to suppress or prevent disorderly conduct or other misbehaviour at a meeting.

50B Access to agenda and connected reports._cross-notes

(1)Copies of the agenda for a meeting of a local authority and, subject to subsection (2) below, copies of any report for the meeting shall be open to inspection by members of the public at the offices of the authority in accordance with subsection (3) below.

(2)If the proper officer thinks fit, there may be excluded from the copies of reports provided in pursuance of subsection (1) above the whole of any report which, or any part which, relates only to items during consideration of which, in his opinion, the meeting is likely not to be open to the public.

(3)Any document which is required by subsection (1) above to be open to inspection shall be so open at least three clear days before the meeting, except that—

(a)where the meeting is convened at shorter notice, the copies of the agenda and reports shall be open to inspection from the time the meeting is convened, and

(b)where an item is added to an agenda copies of which are open to inspection by the public, copies of the item (or of the revised agenda), and the copies of any report for the meeting relating to the item shall be open to inspection from the time the item is added to the agenda;

but nothing in this subsection or subsection (1) above requires copies of any agenda, item or report to be open to inspection by the public until copies are available to members of the authority.

(4)An item of business may not be considered at a meeting of a local authority unless either—

(a)a copy of the agenda including the item (or a copy of the item) is open to inspection by members of the public in pursuance of subsection (1) above for at least three clear days before the meeting or, where the meeting is convened at shorter notice, from the time the meeting is convened; or

(b)by reason of special circumstances, which shall be specified in the minutes, the [^F169convener^F169]of the meeting is of the opinion that the item should be considered at the meeting as a matter of urgency.

(5)Where by virtue of subsection (2) above the whole or any part of a report for a meeting is not open to inspection by the public under subsection (1) above—

(a)every copy of the report or of the part shall be marked “Not for publication”; and

(b)there shall be stated on every copy of the whole or any part of the report the description, in terms of Schedule 7A to this Act, of the exempt information by virtue of which the authority are likely to exclude the public during consideration of the item to which the report relates.

(6)Where a meeting of a local authority is required by section 50A above to be open to the public during the proceedings or any part of them, there shall be made available for the use of members of the public present at the meeting a reasonable number of copies of the agenda and, subject to subsection (8) below, of the reports for the meeting.

(7)There shall, on request and on payment of postage or other necessary charge for transmission, be supplied for the benefit of any newspaper—

(a)a copy of the agenda for a meeting of a local authority and, subject to subsection (8) below, a copy of each of the reports for the meeting;

(b)such further statements or particulars, if any, as are necessary to indicate the nature of the items included in the agenda; and

(c)if the proper officer thinks fit in the case of any item, copies of any other documents supplied to members of the authority in connection with the item.

(8)Subsection (2) above applies in relation to copies of reports provided in pursuance of subsection (6) or (7) above as it applies in relation to copies of reports provided in pursuance of subsection (1) above.

50C Inspection of minutes and other documents after meetings._cross-notes

(1)After a meeting of a local authority the following documents shall be open to inspection by members of the public at the offices of the authority until the expiration of the period of six years beginning with the date of the meeting, namely—

(a)the minutes, or a copy of the minutes, of the meeting, excluding so much of the minutes of the proceedings during which the meeting was not open to the public as discloses exempt information;

(b)where applicable, a summary under subsection (2) below;

(c)a copy of the agenda for the meeting; and

(d)a copy of so much of any report supplied to members of the authority for the meeting as relates to any item during consideration of which the meeting was open to the public.

(2)Where, in consequence of the exclusion of parts of the minutes which disclose exempt information, the document open to inspection under subsection (1)(a) above does not provide members of the public with a reasonably fair and coherent record of the whole or part of the proceedings, the proper officer shall make a written summary of the proceedings or the part, as the case may be, which provides such a record without disclosing the exempt information.

50D Inspection of background papers._cross-notes

(1)Subject, in the case of section 50C(1), to subsection (2) below, if and so long as copies of the whole or part of a report for a meeting of a local authority are required by section 50B(1) or 50C(1) above to be open to inspection by members of the public—

(a)copies of a list, compiled by the proper officer, of the background papers for the report or the part of the report, and

(b)at least one copy of each of the documents included in that list,

shall also be open to such inspection at the offices of the authority.

(2)Subsection (1) above does not require a copy of the list, or of any document included in the list, to be open for inspection after expiration of the period of four years beginning with the date of the meeting.

(3)Where a copy of any of the background papers for a report is required by subsection (1) above to be open to inspection by members of the public, the copy shall be taken for the purposes of this Part to be so open if arrangements exist for its production to members of the public as soon as is reasonably practicable after the making of a request to inspect the copy.

(4)Nothing in this section—

(a)requires any document which discloses exempt information to be included in the list referred to in subsection (1) above; or

(b)without prejudice to the generality of subsection (2) of section 50A above, requires or authorises the inclusion in the list of any document which, if open to inspection by the public, would disclose confidential information in breach of the obligation of confidence, within the meaning of that subsection.

(5)For the purposes of this section the background papers for a report are those documents relating to the subject matter of the report which—

(a)disclose any facts or matters on which, in the opinion of the proper officer, the report or an important part of the report is based, and

(b)have, in his opinion, been relied on to a material extent in preparing the report,

but do not include any published works.

50E Application to committees and sub-committees.

(1)Sections 50A to 50D above shall apply in relation to—

(a)a committee or sub-committee of a local authority, [^F170and^F170]

(b)a committee (not falling within paragraph (a) above) constituted under an enactment specified in section 56(9) below or a sub-committee of such a committtee, [^F171and

^F171(c)a relevant body, or a committee or sub-committee of such a body,^F171]

as they apply in relation to a local authority.

(2)In the application by virtue of this section of sections 50A to 50D above in relation to a committee [^F172, sub-committee or relevant body^F172]—

(a)section 50A(6)(a) shall be taken to have been complied with if the notice is given by posting it at the time there mentioned at the offices of every constituent authority and if the meeting of the committee [^F172, sub-committee or relevant body^F172] to which that section so applies is to be held at premises other than the offices of such an authority, at those premises; and

(b)for the purposes of section 50A(6)(c), premises belonging to a constituent authority shall be treated as belonging to the committee [^F172, sub-committee or relevant body^F172]; and

(c)for the purposes of sections 50B(1), 50C(1) and 50D(1), offices of any constituent authority shall be treated as offices of the committee [^F172, sub-committee or relevant body^F172].

(3)Any reference in subsection (2) above to a constituent authority is a reference to a local authority which (whether alone or with one or more other local authorities) .

[^F173(a)in the case of a relevant body or a committee or sub-committee of such a body, appointed the members of the relevant body;

(b)in the case of any other committee, appointed the committee; or

(c)in the case of any other sub-committee, appointed the committee of which that body is a sub-committee.^F173]

50F Additional rights of access to documents for members of local authorities.

(1)Any document which is in the possession or under the control of a local authority and contains material which relates to any business to be transacted or proceedings at a meeting of—

(a)the authority or of a committee or sub-committee of the authority; [^F174or^F174]

(b)a statutory committee appointed by the authority, or any sub-committee of that committee, [^F175; or

^F175(c)a relevant body, any member of which was appointed by the authority, or of a committee or sub-committee of such a body^F175]

shall, subject to subsection (2) below, be open to inspection by any member of the authority and, in the case of a committee [^F176, sub-committee or relevant body^F176], by any other member of the committee [^F176, sub-committee or relevant body^F176].

(2)Where it appears to the proper officer that a document discloses exempt information of a description for the time being falling within any of paragraphs 1 to 5, 7, 9, 11, 12 and 14 of Part I of Schedule 7A to this Act, subsection (1) above does not require the document to be open to inspection.

(3)The Secretary of State may by order amend subsection (2) above—

(a)by adding to the descriptions of exempt information to which that subsection refers for the time being; or

(b)by removing any description of exempt information to which it refers for the time being.

(4)Any statutory instrument containing an order under subsection (3) above shall be subject to annulment in pursuance of a resolution of either House of Parliament.

(5)The rights conferred by this section on a member of a local authority are in addition to any other rights he may have apart from this section.

50G Local authorities to publish additional information.

(1)A local authority shall maintain a register stating—

(a)the name and address of each member of the authority for the time being and the electoral ^F177. . . ward which he represents; and

(b)the name and address of every member of each committee or sub-committee of the authority for the time being.

(2)A local authority shall maintain a list—

(a)specifying those powers of the authority which, for the time being, are exercisable from time to time by officers of the authority in pursuance of arrangements made under this Act or any other enactment for their discharge by those officers; and

(b)stating the title of the officer by whom each of the powers so specified is for the time being so exercisable;

but this subsection does not require a power to be specified in the list if the arrangements for its discharge by the officer are made for a specified period not exceeding six months.

(3)There shall be kept at the offices of every local authority a written summary of the rights—

(a)to attend meetings of the authority and of committees and sub-committees of the authority, and

(b)to inspect and copy documents and to be furnished with documents,

which are for the time being conferred by this Part, Part XI below and such other enactments as the Secretary of State by order specifies.

(4)The register maintained under subsection (1) above, the list maintained under subsection (2) above and the summary kept under subsection (3) above shall be open to inspection by the public at the offices of the authority.

50H Supplemental provisions and offences.

(1)A document directed by any provision of this Part to be open to inspection shall be so open at all reasonable hours—

(a)in the case of a document open to inspection by virtue of section 50D(1) above, upon payment of such reasonable fee as may be required for the facility; and

(b)in any other case, without payment.

(2)Where a document is open to inspection by a person under any provision of this Part, the person may, subject to subsection (3) below—

(a)make copies of or extracts from the document,

(b)require the person having custody of the document to supply to him a photographic copy of or of extracts from the document,

upon payment of such reasonable fee as may be required subject to any provision to the contrary in any other enactment or instrument.

(3)Subsection (2) above does not require or authorise the doing of any act which infringes the copyright in any work except that, where the owner of the copyright is a local authority, nothing done in pursuance of that subsection shall constitute an infringement of the copyright.

(4)If, without reasonable excuse, a person having the custody of a document which is required by section 50B(1) or 50C(1) above to be open to inspection by the public—

(a)intentionally obstructs any person exercising a right conferred by this Part to inspect, or to make a copy of or extract from, the document, or

(b)refuses to furnish copies to any person entitled to obtain them under any provision of this Part,

he shall be liable on summary conviction to a fine not exceeding level 1 on the standard scale.

(5)Where any accessible document for a meeting to which this subsection applies—

(a)is supplied to, or open to inspection by, a member of the public, or

(b)is supplied for the benefit of any newspaper, in pursuance of section 50B(7) above,

the publication thereby of any defamatory matter contained in the document shall be privileged unless the publication is proved to be made with malice.

(6)Subsection (5) above applies to any meeting of a local authority and any meeting of a committee or sub-committee as is mentioned in paragraph (a) or (b) of section 50E(1) above [^F178and any meeting of a relevant body or of a committee or sub-committee of such a body^F178]; and for the purposes of that subsection the “accessible documents” for a meeting are the following—

(a)any copy of the agenda or of an item included in the agenda for the meeting;

(b)any such further statements or particulars for the purpose of indicating the nature of any item included in the agenda as are mentioned in section 50B(7)(b) above;

(c)any copy of a document relating to such an item which is supplied for the benefit of a newspaper in pursuance of section 50B(7)(c) above;

(d)any copy of the whole or part of a report for the meeting;

(e)any copy of the whole or part of any background papers for a report for the meeting, within the meaning of section 50D above.

(7)The rights conferred by this Part to inspect, copy and be furnished with documents are in addition, and without prejudice, to any such rights conferred by or under any other enactment.

50J Exempt information._cross-notes

(1)The descriptions of information which are, for the purposes of this Part, exempt information are those for the time being specified in Part I of Schedule 7A to this Act, but subject to any qualifications contained in Part II of that Schedule; and Part III has effect for the interpretation of that Schedule.

(2)The Secretary of State may by order vary Schedule 7A to this Act by adding to it any description or other provision or by deleting from it or varying any description or other provision for the time being specified or contained in it.

(3)Any statutory instrument containing an order under this section shall be subject to annulment in pursuance of a resolution of either House of Parliament.

50K Interpretation and application of Part IIIA.

(1)In this Part—

• “copy”, in relation to a document, includes a copy made from a copy;

• “exempt nformation” has the meaning given by section 50J above;

• “information” includes an expression of opinion, any recommendations and any decision taken;

• “newspaper” includes—

  (a)

  a news agency which systematically carries on the business of selling and supplying reports or information to newspapers; and

  (b)

  any organisation which is systematically engaged in collecting news—

  (i)

  for sound or television broadcasts; or

  (ii)

  for programmes to be included in a cable programme service which is or does not require to be licensed.

• [^F179“relevant body” means–

  (a)

  a joint board; or

  (b)

  the Strathclyde Passenger Transport Authority.^F179]

(2)References in this Part to a committee or sub-committee, in relation to a local authority, shall be construed in accordance with the following provisions—

(a)references to a committee of a local authority are references to a committee appointed under section 57 below by the authority or by two or more local authorities of which one is that authority and references to a sub-committee of a local authority are references to a sub-committee appointed by such a committee under that section; and

(b)references to a statutory committee appointed by a local authority are references to a committee constituted under an enactment specified in section 56(9) below other than a committee constituted under [^F180either of the enactments^F180] specified in paragraph (d) of that section and appointed by the authority or by two or more local authorities of which that authority is one and references to a sub-committee of such a statutory committee shall be construed accordingly.

(3)Any reference in this Part to a meeting is a reference to a meeting commenced after the 1st April 1986.^F167]

Part IV Community Councils_cross-notes

51 Establishment and general purpose of community councils.

(1)^F181Every local authority . . . shall, before 16th May 1976, or such later date as may be agreed by the Secretary of State, submit to the Secretary of State, in accordance with the provisions of this Part of this Act, a scheme for the establishment of community councils for their area.

(2)In addition to any other purpose which a community council may pursue, the general purpose of a community council shall be to ascertain, co-ordinate and express to the local authorities for its area, and to public authorities, the views of the community which it represents, in relation to matters for which those authorities are responsible, and to take such action in the interests of that community as appears to it to be expedient and practicable.

^F182(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

52 Schemes.

(1)Every local authority shall give public notice of their intention to frame a scheme for the establishment of community councils, and any such notice shall invite the public, within a period of not less than eight weeks from the date of the notice, to make suggestions as to the areas and composition of the community councils.

(2)After considering suggestions made under subsection (1) above, the local authority shall prepare and give public notice of a draft scheme which shall contain—

(a)a map showing the boundaries of the proposed areas of community councils and their populations, and the boundaries of any area for which the local authority consider a community council to be unnecessary;

(b)where a local authority consider that a community council is unnecessary for any area, a statement of their reasons for arriving at this conclusion;

(c)provisions relating to qualifications of electors, elections or other voting arrangements, composition, meetings, financing and accounts of community councils;

(d)provisions concerning the procedures to be adopted by which the community councils on the one hand and the local and public authorities with responsibilities in the areas of the community councils on the other will keep each other informed on matters of mutual interest; and

(e)such other information as, in the opinion of the local authority, would help the public to make a reasonable appraisal of the scheme.

(3)The notice mentioned in subsection (2) above shall invite the public, within a period of not less than eight weeks from the date of the notice, to make to the local authority representations as respects the draft scheme.

(4)After considering any representations made under subsection (3) above, the local authority may amend the draft scheme to take account of those representations and shall submit the scheme to the Secretary of State for his approval along with any outstanding representations and their comments upon them.

(5)The Secretary of State, after holding, if he thinks fit, a local inquiry in relation to the whole scheme or any part thereof, may approve, with or without modifications, a scheme submitted to him under subsection (4) above, or may refer the scheme back, in whole or in part, for further consideration by the local authority concerned.

(6)After the Secretary of State has approved a scheme, the local authority shall give public notice of the scheme in its approved form together with public notice of such a scheme as it applies to each proposed area, by exhibition in that area, and any such notice shall contain an invitation to electors in the area concerned to apply in writing to the local authority for the establishment of a community council in accordance with the scheme.

(7)Where not less than 20 electors apply as mentioned in subsection (6) above, the local authority shall, within not more than six weeks from the date of the application, organise, in accordance with the scheme, elections or other voting arrangements for the purpose of establishing the community council.

53 Amendment of schemes.

(1)Having regard to changing circumstances and to any representations made to them, every local authority shall from time to time review schemes made and approved under section 52 of this Act and, where they consider that such a scheme ought to be amended, they shall give public notice of their proposals, inviting any community council concerned and the public to make to the local authority representations as respects the proposals.

[^F183(2)The local authority shall consider any representations made under subsection (1) above and may amend the scheme in accordance with—

(a)the notified proposals; or

(b)those proposals as amended to take account of any such representations:

(3)A decision of the local authority—

(a)to review, under subsection (1) above; or

(b)to amend, under subsection (2) above,

a scheme, shall be by resolution passed by not less than two-thirds of the members voting thereon at a local authority meeting specially convened for the purpose with notice of the object.^F183]

^F184(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^F18554. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

55 Assistance to community councils.

^F186. . . [^F187councils for local government areas^F187] may make such contributions as they think fit towards the expenses of community councils within their areas, may make loans to those councils and may, at the request of such community councils, provide them with staff, services, accommodation, furniture, vehicles and equipment, on such terms as to payment or otherwise as may be agreed between the councils concerned.

Part V Internal Organisation_cross-notes

Discharge of functions

56 Arrangements for discharge of functions by local authorities._cross-notes

(1)Subject to any express provision contained in this Act or any Act passed after this Act, a local authority may arrange for the discharge of any of their functions by a committee of the authority, a sub-committee, an officer of the authority or by any other local authority in Scotland.

[^F188(2)Where by virtue of this section any function of a local authoritymay be discharged by any committee or sub-committee of theirs, then, unless the local authority otherwise direct—

(a)the committee may arrange for the discharge of any of those functions by a sub-committee or an officer of the authority; and

(b)the sub-committee, whether assigned the discharge of functions by the authority or by a committee, may arrange for the discharge of any such functions by an officer of the authority.^F188]

(3)Where by virtue of this section any functions of a local authoritymay be discharged by another local authority, subsections (1) and (2) above shall apply in relation to those functions as they apply in relation to the functions of that other authority, except that—

(a)the foregoing provision shall have effect subject to the terms of the arrangement relating to the functions; and

(b)that other authority shall not, by virtue of this subsection, arrange for the discharge of those functions by some other local authority.

(4)Any arrangement made by a local authority or committee under this section for the discharge of any functions by a committee, sub-committee, officer or local authority shall not prevent the authority or committee by whom the arrangement is made from exercising those functions.

(5)Two or more local authorities may discharge any of their functions jointly and, where arrangements are in force for them to do so,—

(a)they may also arrange for the discharge of those functions by a joint committee of theirs or by an officer of one of them, and subsection (2) above shall apply in relation to those functions as it applies in relation to the functions of the individual authorities; and

(b)any enactment relating to those functions or the authorities by whom or the areas in respect of which they are to be discharged shall have effect subject to all necessary modifications in its application in relation to those functions and the authorities by whom and the areas in respect of which (whether in pursuance of the arrangements or otherwise) they are to be discharged.

[^F189(6)A local authority’s functions with respect to—

^F190(a). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b)setting an amount of council tax in accordance with section 93(1) of the Local Government Finance Act 1992, or setting a reduced amount of council tax under section 94 of that Act or paragraph 3 of Schedule 7 to that Act;

^F190(c). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(d)borrowing money,

[^F191(e)approval of any annual investment strategy or annual investment report required by any consent issued by the Scottish Ministers by virtue of section 40 of the Local Government in Scotland Act 2003 (asp 1),^F191]

shall be discharged only by the authority.^F189]

^F192(6A). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[^F193(6B)The duty to carry out a review of a case imposed on an authority under section 86(2) of the Community Empowerment (Scotland) Act 2015 (reviews by local authorities of asset transfer requests) must be discharged only by the authority or a committee or sub-committee of the authority; and accordingly no such committee or sub-committee may arrange for the discharge under subsection (2) of the duty by an officer of the authority.

(6C)In subsection (6B), the reference to section 86(2) of the Community Empowerment (Scotland) Act 2015 includes a reference to that section as applied by subsection (2) of, and modified in such application by virtue of subsection (4) of, section 89 of that Act.^F193]

(7)A local authority shall not make arrangements under this section for the discharge of any of their functions under [^F194the ^M5Animal Health Act 1981^F194] by any other local authority.

[^F195(7A)A local authority is not to make arrangements under this section for the discharge of any functions conferred on it by the Public Bodies (Joint Working) (Scotland) Act 2014 by any other local authority.^F195]

(8)Any enactment, except one mentioned in subsection (9) below, which contains any provision—

(a)which empowers or requires local authorities or any class of local authorities to establish committees (including joint committees) for any purpose or enables a Minister to make an instrument establishing committees of local authorities for any purpose, or empowering or requiring a local authority or any class of local authorities to establish committees for any purpose; or

(b)which empowers or requires local authorities or any class of local authorities to arrange or to join with other authorities in arranging for the exercise by committees so established or by officers of theirs of any of their functions or provides that any specified functions of theirs shall be discharged by such committees or officers, or enables any Minister to make an instrument conferring such a power, imposing such a requirement or containing such a provision;

shall, to the extent that it makes any such provision, cease to have effect.

(9)The following enactments are exempted from subsection (8) above—

^F196(a). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^F197(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^F198(c). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^F199(d). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(e)^M6section 7 of the Superannuation Act 1972(superannuation of persons employed in local government service, etc.);

(f)section 9 of the said Act of 1972 (superannuation of teachers).

(10)This section shall not authorise a local authority to arrange for the discharge by any committee, sub-committee or local authority of any functions which, by any enactment mention in subsection (9) above, are required or authorised to be discharged by a specified committee, but the foregoing provision shall not prevent a local authority who are required by or under any such enactment to establish, or delegate functions to, a committee established by or under any such enactment from arranging under this section for the discharge of their functions by an officer of the local authority or committee, as the case may be.

^F200(11)–(13). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(14)References in this section and section 57 below to the discharge of any of the functions of a local authority include references to the doing of anything which is calculated to facilitate, or is conducive or incidental to, the discharge of any of those functions.

(15)^M7Nothing in this section affects the operation of the Local Authorities (Goods and Services) Act 1970.

[^F201(16)In this section, “Act” includes an Act of the Scottish Parliament.^F201]

57 Appointment of committees._cross-notes

(1)For the purpose of discharging any functions of a local authority in pursuance of arrangements made under section 56 of this Act—

(a)the authority may appoint a committee of the authority; or

(b)two or more local authorities may appoint a joint committee of those authorities; or

(c)any such committee may appoint one or more sub-committees.

(2)Subject to the provisions of this section, the number of members of a committee appointed under subsection (1) above, their term of office, and the area (if restricted) within which the committee are to exercise their authority, shall be fixed by the appointing authority or authorities or, in the case of a sub-committee, by the appointing committee.

(3)A committee appointed under subsection (1) above, other than a committee for regulating and controlling the finance of the local authority or of their area may, subject to section 59 below, include persons who are not members of the appointing authority or authorities or, in the case of a sub-committee, the authority or authorities of whom they are a sub-committee, [^F202but at least two-thirds of the members appointed to any such committee (other than a sub-committee) shall be members of that authority or those authorities, as the case may be.^F202]

(4)A local authority may appoint a committee, and two or more local authorities may join in appointing a committee, to advise the appointing authority or authorities on any matter relating to the discharge of their functions, and any such committee—

(a)may consist of such persons (whether members of the appointing authority or authorities or not) appointed for such term as may be determined by the appointing authority or authorities; and

(b)may appoint one or more sub-committees to advise the committee with respect to any such matter.

(5)Every member of a committee appointed under this section who at the time of his appointment was a member of the appointing authority or one of the appointing authorities shall, upon ceasing to be a member of that authority, also cease to be a member of the committee; but for the purposes of this section a member of a local authority shall not be deemed to have ceased to be a member of the authority by reason of retirement if he has been re-elected a member thereof not later than the day of his retirement.

58 Expenses of joint committees._cross-notes

The expenses incurred by a joint committee appointed under this Part of this Act or any other enactment shall be defrayed by the appointing local authorities in such proportions as they may agree or, in the case of disagreement, as may be determined by the Secretary of State.

59 Disqualification for membership of committees and joint committees._cross-notes

(1)Subject to section 126 of this Act, a person who is disqualified under Part III of this Act for being elected or being a member of a local authority shall be disqualified for being a member of a committee (including a sub-committee) of that authority, or being a representative of that authority on a joint committee of the authority and another local authority, whether the committee or joint committee are appointed under this Act or under any other enactment.

(2)Section 32 of this Act shall, so far as applicable, apply with respect to membership of or a claim to be entitled to act as a member of a committee or sub-committee of a local authority or of a joint committee appointed by local authorities as it applies to membership of or claims to be entitled to act as a member of a local authority.

60 Disability for voting on account of interests in contracts, etc.

^F203. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

61 Membership of bodies to cease on ceasing to be member of authority._cross-notes

Where a local authority by virtue of any enactment of instrument or otherwise appoint a member of the authority to be a member of any court or body, then, unless otherwise specifically provided in the enactment or instrument regulating the constitution of the court or body, the person so appointed shall cease to be a member of the court or body on ceasing to be a member of the authority.

62 Standing orders, etc._cross-notes

A local authority appointing a committee, and local authorities appointing a joint committee, either under this Act or under any other enactment, may make, vary or revoke standing orders respecting the quorum, proceedings and place of meeting of the committee, joint committee or any sub-committee of any such committee, but, subject to any such standing orders, the quorum, proceedings and place of meeting shall be such as the committee, joint committee or sub-committee may determine.

[^F20462A Incorporation of joint committees.

(1)Where—

(a)arrangements are made (whether under this Act or any other enactment) for two or more local authorities (in this Part of this Act referred to as “the relevant authorities”) to discharge any of their functions, or any functions in any area, jointly;

(b)the relevant authorities have—

(i)appointed, or propose to appoint, a joint committee to discharge those functions; and

(ii)advertised their proposals in accordance with subsection (2) below; and

(c)application is made, in writing, to the Secretary of State by the relevant authorities for the incorporation of that joint committee (or proposed joint committee) as a joint board to carry out those functions,

the Secretary of State may by order establish a joint board in accordance with this section to discharge those functions.

(2)Before applying to the Secretary of State under subsection (1)(c) above, the relevant authorities shall place in at least one daily newspaper circulating in their areas an advertisement—

(a)giving brief details of what they propose to do;

(b)giving an address to which representations about the proposal may be sent; and

(c)fixing a date, being not less than 8 weeks after the date on which the advertisement appears, within which representations may be made,

and they shall include with their application evidence that an advertisement has been placed.

(3)Where any representations are timeously made in response to an advertisement placed in accordance with subsection (2) above, the relevant authorities shall consider them and shall include with their application a statement that they have done so.

(4)An order under subsection (1) above shall delegate to the joint board such of the functions of the relevant authorities as may be specified in the order and may include provision with respect to—

(a)the constitution and proceedings of the joint board;

(b)matters relating to the membership of the joint board;

(c)the transfer to the joint board of any property, rights and liabilities of the relevant authorities;

(d)the transfer to the joint board of any staff of the relevant authorities;

(e)the supply of services or facilities by the relevant authorities to the joint board,

and may, without prejudice to the generality of paragraphs (a) to (e) above, apply (with or without modifications) any of the provisions of Part V of this Act to a joint board as those provisions apply to a joint committee.

(5)A joint board established under this section shall be a body corporate and shall have a common seal.

(6)An order under subsection (1) above shall be in terms agreed by the relevant authorities.

(7)An instrument containing an order under this section shall be subject to annulment in pursuance of a resolution of either House of Parliament.^F204]

^F20562B Power of Secretary of State to establish joint boards.

(1)Where the Secretary of State considers—

(a)that any functions, or any functions in any area, of the relevant authorities should be discharged jointly by those authorities; and

(b)that arrangements, or satisfactory arrangements, for the joint discharge of those functions—

(i)have not been made by the relevant authorities; or

(ii)have ceased to be in operation,

he may, after consulting the relevant authorities, by order establish a joint board in accordance with this section.

(2)Subsections (4) and (5) of section 62A of this Act shall apply to a joint board established under this section as they apply to a joint board established under that section with the substitution of a reference to subsection (1) of this section for the reference to subsection (1) of that section.

(3)No order shall be made under subsection (1) above unless a draft of the instrument containing the order has been laid before, and approved by resolution of, each House of Parliament.

^F20662C Further provisions relating to joint boards.

(1)Where a joint board has been established by order under section 62A or 62B of this Act, the Secretary of State may by order provide—

(a)for excluding any functions, or any functions in any area, from those specified in the order establishing that joint board; and

(b)for the dissolution of the joint board.

(2)An order shall not be made under subsection (1) above unless the Secretary of State has consulted the relevant authorities.

(3)An instrument containing an order under this section shall be subject to annulment in pursuance of a resolution of either House of Parliament.

(4)The power to make an order under this section or section 62A or 62B of this Act shall include power to make such transitional, incidental, supplemental or consequential provision as the Secretary of State thinks necessary or expedient.

(5)An order under this section or section 62A or 62B of this Act may, for the purpose of making such provision as is mentioned in subsection (4) above—

(a)apply with or without modifications;

(b)extend, exclude or amend; or

(c)repeal or revoke with or without savings,

any enactment or any instrument made under any enactment.

^F20763 Application of foregoing provisions of Part V to police authorities and joint police committees.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^F20863A Sections 62A to 62C not to apply to fire authority.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Staff

64 Appointment etc. of staff._cross-notes

(1)Subject to the provisions of this Act, a local authority shall appoint such officers as they think necessary for the proper discharge by the authority of their functions and the carrying out of any obligations incurred by them in connection with an agreement made by them in pursuance of section 65 of this Act.

(2)An officer appointed under subsection (1) above shall hold office on such reasonable terms and conditions, including conditions as to remuneration, as the authority appointing him think fit.

(3)Where an action has been brought against an officer of a local authority in respect of an act done by him in the execution or purported execution of any enactment and the circumstances are such that he is not legally entitled to require the authority to indemnify him, the authority may nevertheless indemnify him against the whole or a part of any damages or expenses which he may have been ordered to pay or may have incurred if they are satisfied that he honestly believed that the act complained of was within the scope of his employment and that his duty under the enactment required or entitled him to do it.

(4)Any enactment, except one mentioned in subsection (5) below, which requires or empowers local authorities or any class of local authorities to appoint a specified officer shall, to the extent that it makes any such provision, cease to have effect.

(5)The following enactments are excepted from subsection (4) above—

(a)^F209. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^F210(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[^F211(bb)section 32 of the Mental Health (Care and Treatment) (Scotland) Act 2003 (asp 13);^F211]

^F212(c). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^F213(d). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(e)^M8section 3 of the Social Work (Scotland) Act 1968 ( [^F214chief social work officers^F214] );

^F212(f). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(g)^M9section 67(3)(b) of the Agriculture Act 1970 (agricultural analysts and deputies).

(6)^M10,M11Nothing in this section affects the operation of section 7 of the Registration of Births, Deaths and Marriages (Scotland) Act 1965 (registrars) or the operation of the Local Authorities (Goods and Services) Act 1970.

^F215(7). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

65 Placing of staff of local authorities at disposal of other local authorities._cross-notes

(1)Without prejudice to any powers exercisable apart from this section, a local authority may enter into an agreement with another local authority for the placing at the disposal of the latter for the purposes of their functions, on such terms as may be provided by the agreement, of the services of officers employed by the former, but shall not enter into any such agreement with respect to any officer without consulting him.

(2)For superannuation purposes, service rendered by an officer of a local authority whose services are placed at the disposal of another local authority in pursuance of this section is service rendered to the authority by whom he is employed, but any such officer shall be treated for the purposes of any enactment relating to the discharge of local authorities’ functions as an officer of that other local authority.

66 Security to be taken in relation to officers._cross-notes

(1)A local authority shall, in the case of an officer employed by them, whether under this or any other enactment, who by reason of his office or employment is likely to be entrusted with the custody or control of money, and may, in the case of any other officer employed by them, take such security for his duly accounting for all money or property which may be entrusted to him, as the local authority consider sufficient.

(2)A local authority may, in the case of a person not employed by them but who is likely to be entrusted with the custody or control of money or property belonging to the local authority, take such security as they think sufficient for the person duly accounting for all such money or property.

(3)A local authority shall defray the cost of any security taken under this section, and every such security shall be produced to the auditor at the audit of the accounts of the local authority.

[^F21667 Members of local authorities not to be appointed as officers etc.

(1)A person who is a member of a local authority is disqualified from being appointed by the authority to any paid office or employment (other than the office of convener or depute convener) or other place of profit in the gift or disposal of the authority.

(2)A person who has ceased to be a member of a local authority is disqualified—

(a)for a period of 3 months beginning with the day on which the person ceased to be a member of a local authority from being appointed by the authority to any such office, employment or place of profit which is not a politically restricted post;

(b)for a period of 12 months beginning with that day from being appointed by the authority to any such office, employment or place of profit which is a politically restricted post.

(3)A person who—

(a)has ceased to be a member of a local authority; and

(b)at any time during the period of 12 months ending with the day on which the person so ceased, participated directly in the appointing of any person to a politically restricted post,

is, for the period of 12 months beginning on that day, disqualified from being appointed by the authority to any paid office or employment or other place of profit in the gift or disposal of the authority.

(4)A reference to a politically restricted post is—

(a)in subsection (2) above, a reference to a post held by a person who is within any of paragraphs (a) to (g) of subsection (1) of section 2 (politically restricted posts the holders of which are disqualified from membership of the local authority) of the Local Government and Housing Act 1989 (c. 42);

(b)in subsection (3) above, a reference to a post held by a person who is within any of paragraphs (a) to (e) of that subsection.^F216]

68 Disclosure by officers of interest in contracts._cross-notes

(1)If it comes to the knowledge of an officer employed whether under this Act or any other enactment, by a local authority that a contract in which he has any pecuniary interest, whether direct or indirect (not being a contract to which he is himself a party), has been, or is proposed to be, entered into by the authority or any committee thereof, he shall, as soon as practicable, give notice in writing to the authority of the fact that he is interested therein.

For the purposes of this section, an officer shall be treated as having indirectly a pecuniary interest in a contract or proposed contract if he would have been so treated by virtue of section 39 of this Act had he been a member of the authority.

(2)An officer of a local authority shall not, under colour of his office or employment, accept any fee or reward whatsoever other than his proper remuneration.

(3)Any person who contravenes the provisions of subsection (1) or (2) above shall be liable on summary conviction to a fine not exceeding [^F217level 4 on the standard scale^F217] .

(4)References in this section to a local authority shall include references to a joint committee appointed under section 57 of this Act or any other enactment.

Part VI Miscellaneous Powers of Local Authorities_cross-notes

Subsidiary powers

69 Subsidiary powers of local authorities._cross-notes

(1)Without prejudice to any powers exercisable apart from this section but subject to the provisions of this Act and any other enactment passed before or after this Act, a local authority shall have power to do any thing (whether or not involving the expenditure, borrowing or lending of money or the acquisition or disposal of any property or rights) which is calculated to facilitate, or is conducive or incidental to, the discharge of any of their functions.

(2)A local authority shall not by virtue of this section raise money, whether by means of rates or borrowing, or lend money except in accordance with the enactments relating to those matters respectively.

(3)^M12Without prejudice to section 53 of the Countryside (Scotland) Act 1967 (contributions by or to local authorities), two or more local authorities may make arrangements for defraying any expenditure incurred by one of them in exercising any functions exercisable by both or all of them.

^F218(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Land transactions

70 Acquisition of land by agreement. _cross-notes

(1)For the purposes of—

(a)any of their functions under this or any other enactment, or

(b)the benefit, improvement or development of their area,

a local authority may acquire by agreement any land, whether situated inside or outside their area.

(2)A local authority may acquire by agreement any land for any purpose for which they are authorised by this or any other enactment to acquire land, notwithstanding that the land is not immediately required for that purpose; and, until it is required for the purpose for which it was acquired, any land acquired under this subsection may be used for the purpose of any of the authority’s functions.

(3)^M13,M14,M15For the purpose of the purchase of land by agreement by a local authority, the Lands Clauses Acts (except so much thereof as relates to the acquisition of land otherwise than by agreement, and the provisions relating to access to the special Act, and except sections 120 to 125 of the Lands Clauses Consolidation (Scotland) Act 1845), and section 6 and sections 70 to 78 of the Railways Clauses Consolidation (Scotland) Act 1845 (as originally enacted and not as amended by section 15 of the Mines (Working Facilities and Support) Act 1923) are hereby incorporated with this section, and, in construing those Acts for the purposes of this section, this section shall be deemed to be the special Act and the local authority shall be deemed to be the promoters of the undertaking or company, as the case may require.

(4)Where two or more local authorities acting together would have power to acquire any land by agreement by virtue of this section, nothing in any enactment shall prevent one of those authorities from so acquiring the land on behalf of both or all of them in accordance with arrangements made between them, including arrangements as to the subsequent occupation and use of the land.

(5) References in the foregoing provisions of this section to acquisition are references to acquisition by purchase, feu, lease or excambion.

71 Acquisition of land compulsorily._cross-notes

(1)Subject to subsection (2) below, for the purposes of any of their functions under this or any other enactment, a local authoritymay be authorised by the Minister concerned with the function in question to purchase compulsorily any land, whether situated inside or outside their area.

(2)A local authority may not be authorised under subsection (1) above to purchase land compulsorily for any purpose in relation to which their power of acquisition is by any enactment expressly limited to acquisition by agreement.

(3)Where one or more local authorities propose, in exercise of the power conferred by subsection (1) above, to acquire any land for more than one purpose, the Minister or Ministers whose authorisation is required for the exercise of that power shall not be concerned to make any apportionment between those purposes nor, where there is more than one local authority, between those authorities, and—

(a)the purposes shall be treated as a single purpose and the compulsory acquisition shall be treated as requiring the authorisation of the Minister, or the joint authorisation of the Ministers, concerned with those purposes; and

(b)where there is more than one local authority concerned, the authorities may nominate one of them to acquire the land on behalf of them all and the authority so nominated shall accordingly be treated as the acquiring authority for the purposes of any enactment relating to the acquisition.

(4)^M16The Acquisition of Land (Authorisation Procedure) (Scotland) Act 1947 shall apply in relation to the compulsory purchase of land in pursuance of subsection (1) above as if that subsection were contained in an Act in force immediately before the commencement of that Act.

72 Title to land.

The title to all land acquired by a local authority shall be taken in the corporate name of the authority.

73 Appropriation of land.

(1)^M17Subject to Part II of the Town and Country Planning (Scotland) Act 1959 and to the following provisions of this section, a local authority may appropriate for the purpose of any function, whether statutory or otherwise, land vested in them for the purpose of any other such function.

(2)^F219A local authority may ... exercise their power of appropriation under subsection (1) above with respect to any land specified in subsection [^F220(3)^F220] below [^F221subject to sections 117 and 118 of the Community Empowerment (Scotland) Act 2015^F221] .

(3)The land to which subsection (2) above applies is [^F222land which^F222] is held for use as allotments [^F223(within the meaning of section 107 of that Act)^F223] .

74 Disposal of land. _cross-notes

(1)^M18Subject to Part II of the Town and Country Planning (Scotland) Act 1959 and to subsection (2) below, a local authority may dispose of land held by them in any manner they wish.

(2)Except [^F224in accordance with regulations under subsection (2C) below,^F224] a local authority shall not dispose of land under subsection (1) above for a consideration less than the best that can reasonably be obtained.

[^F225(2A)Subsection (2) does not extend to a disposal where—

(a)the best consideration that can reasonably be obtained is less than the threshold amount; or

(b)the difference between that consideration and the proposed consideration is less than the marginal amount.

(2B)The Scottish Ministers shall, by regulations, fix the threshold amount and the marginal amount for the purposes of subsection (2A) above.

(2C)The Scottish Ministers may, by regulations, provide as to the circumstances in which and procedure by which local authorities may, under this section, dispose of land for a consideration less than the best that can reasonably be obtained.

(2D)Those regulations may include provision—

(a)requiring a local authority proposing to dispose of land at less than the best consideration that can reasonably be obtained to appraise and compare the costs and other disbenefits and the benefits of the proposal;

(b)requiring the local authority, before deciding in favour of the proposal, to be satisfied that so deciding would be reasonable; and

(c)setting out factors to which the local authority must have regard when considering whether its decision would be reasonable.

(2E)References in this section to the best consideration that can reasonably be obtained by a local authority are references to that consideration as assessed by a suitably qualified valuer.

(2F)In appointing and instructing a suitably qualified valuer for the purposes of subsection (2E) above, the local authority shall have regard to any guidance provided by the Scottish Ministers on—

(a)what are suitable qualifications;

(b)what factors are to be or not to be taken into account by the valuer in assessing the consideration referred to in that subsection.

(2G)Regulations under this section shall be made by statutory instrument which shall be subject to annulment in pursuance of a resolution of the Scottish Parliament.

(2H)Before making such regulations, the Scottish Ministers shall consult such associations of local authorities and such other persons as they think fit.^F225]

^F226(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

74A. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^F22775 Disposal, etc., of land forming part of the common good.

(1)The provisions of this Part of this Act with respect to the appropriation or disposal of land belonging to a local authority shall apply in the case of land forming part of the common good of an authority with respect to which land no question arises as to the right of the authority to alienate.

(2)Where a local authority desire to [^F228appropriate or^F228] dispose of land forming part of the common good with respect to which land a question arises as to the right of the authority to alienate, they may apply to the Court of Session or the sheriff to authorise them to [^F228appropriate or^F228] dispose of the land, and the Court or sheriff may, if they think fit, authorise the authority to [^F228appropriate or^F228] dispose of the land subject to such conditions, if any, as they may impose, and the authority shall be entitled to [^F228appropriate or^F228] dispose of the land accordingly.

(3)The Court of Session or sheriff acting under subsection (2)

above may impose a condition requiring that the local authority shall provide in substitution for the land proposed to be [^F229appropriated or^F229] disposed of other land to be used for the same purpose for which the former land was used.

76 Special provisions as to land acquired for public recreation from heir of entail.

Where an heir of entail in possession of land disposes of land to a local authority for the purpose of public recreation under the provisions of this Act or any other enactment (not being land within a quarter of a mile of the mansion house in the natural possession of the heir of entail or part of any garden, orchard or enclosure adjacent to the mansion house which has usually been in the natural possession of the proprietor) and such land does not exceed in all twenty acres, and where the persons in right of heritable securities or other charges affecting such land refuse to consent to such disposal, such lands shall be disburdened of the said heritable securities and charges if the sheriff, upon the application of the heir of entail in possession duly intimated to the said persons who shall be entitled to appear and object, finds that the lands comprised in the heritable securities or charges other than the land being acquired by the local authority afford adequate security.

77 Payment of purchase or compensation money by one local authority to another.

Any purchase money or compensation payable in pursuance of this Part of this Act by a local authority in respect of land acquired from another local authority which would but for this section be required to be paid into court in manner provided by the Lands Clauses Acts may, if the Minister concerned with the purpose for which the land was held by the last mentioned authority consents, instead of being paid into court, be paid and applied as that Minister may determine, and the decision of that Minister shall be final.

Buildings, contracts, etc.

78 Power to erect buildings, etc._cross-notes

(1)Subject to subsection (2)below and section 94 of this Act, a local authority may, for the purpose of any of their functions or for the benefit or improvement of their area, erect buildings or execute any other works on any land belonging to them or, where they are satisfied that the terms of the lease of land are such as to make it prudent for them to do so, on land leased by them, or convert, alter, enlarge or improve any existing building or other works belonging to them or, where they consider it prudent, any existing building or other works let to them.

(2)Subsection (1)above shall not of itself authorise a local authority to do anything contrary to the conditions contained in the title to or lease of any such land or building or other works or authorise land held for one purpose to be used for another purpose.

79 Provision of offices, etc._cross-notes

A local authority may acquire or provide and furnish and maintain halls, offices and other buildings, whether within or without the area of the authority, to be used for the purpose of transacting the business of the authority or the business of any other body for which the authority are required or authorised by or under any enactment to provide accommodation, or for the purpose of public meetings or assemblies.

80 Interpretation of “functions”._cross-notes

For the purposes of the foregoing provisions of this Part of this Act, the functions of a local authority shall be deemed to include the provision of accommodation for any committee, court or other body which the authority are required or authorised to provide, notwithstanding that the committee, court or body may exercise functions not vested in the authority.

81 Contracts of local authorities._cross-notes

(1)A local authority may make standing orders with respect to the making of contracts by them or on their behalf.

(2)A local authority shall make standing orders with respect to the making by them or on their behalf of contracts for the supply of goods or materials or for the execution of works.

(3)Standing orders made by a local authority with respect to contracts for the supply of goods or materials or for the execution of works shall include provision for securing competition for such contracts and for regulating the manner in which tenders are invited, but may exempt from any such provision contracts for a price below that specified in standing orders and may authorise the authority to exempt any contract from any such provision when the authority are satisfied that the exemption is justified by special circumstances.

(4)A person entering into a contract with a local authority shall not be bound to inquire whether the standing orders of the authority which apply to the contract have been complied with, and non-compliance with such orders shall not invalidate any contract entered into by or on behalf of the authority.

(5)In this section the expression “contracts” includes, in relation to the execution of works, arrangements for the execution of those works by persons employed by the local authority.

Private legislation

82 Power of local authority to promote or oppose private legislation.

(1)^F230Subject to the provisions of this Act, where a local authority are satisfied that it is expedient to promote or oppose any private legislation . . ., the local authority may, in accordance with the procedure provided by this section, promote or oppose the same accordingly and may defray the expenses incurred in relation thereto.

(2)A resolution of a local authority to promote or oppose private legislation under subsection (1) above shall be—

(a)passed by a majority of the whole number of the members of the authority at a meeting of the authority held after ten clear days’ notice of the meeting and of its purpose has been given by advertisement in one or more newspapers circulating in the area of the authority, such notice being given in addition to the ordinary notice required to be given for the convening of a meeting of the authority; and

(b)in the case of the promotion of private legislation, confirmed by a like majority at a further such meeting convened in accordance with paragraph (a) above and held as soon as may be after the expiration of fourteen days after

[^F231(i)^F231] the draft of the provisional order has been submitted to the Secretary of State in accordance with the provisions of the Act of 1936[^F231 ; or

(ii)the Bill has been introduced in the Scottish Parliament^F231]

and, if the resolution is not confirmed, the local authority shall take all necessary steps to withdraw the same.

(3)Where under section 2 of the Act of 1936, the Chairman of Committees of the House of Lords and the Chairman of Ways and Means in the House of Commons are of opinion that provisions contained in a draft provisional order ought to be dealt with by private Bill and not by provisional order, the determination of the Chairmen shall forthwith be reported to the local authority concerned, and unless the authority resolve to proceed with the promotion of a private Bill dealing with the matters to which the said provisions relate or any of them, such a private Bill shall not be promoted, but if such a private Bill is to be promoted, the proceedings of the authority with respect to the promotion of a provisional order under this section shall be deemed to apply to the promotion of such a Bill.

(4)In ascertaining for the purpose of this section the whole number of members of a local authority, no account shall be taken of any vacancy which may at the time exist in the membership of the authority.

(5)No payment shall be made by a local authority to a member of the authority for acting as counsel or agent in promoting or opposing private legislation under this section.

(6)Nothing in this section shall affect the right of any local authority connected with the locality to which any draft provisional order referred to Commissioners under the Act of 1936 relates to make a report to the Commissioners respecting the provisions of the draft order.

(7)In this section—

• ^M19“Act of 1936” means the Private Legislation Procedure (Scotland) Act 1936;

• “provisional order” means a provisional order under the Act of 1936;

Miscellaneous

83 Power of local authorities to incur expenditure for certain purposes not otherwise authorised. _cross-notes

(1)^F233. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(2)^F233. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^F234(2A). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^F234(2B). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(2C)^F233. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(2D)^F233. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3)^F235A local authority may, . . . incur expenditure on contributions to any of the following funds, that is to say—

(a)the funds of any charitable body in furtherance of its work in the United Kingdom; or

(b)the funds of any body which provides any public service in the United Kingdom otherwise than for the purposes of gain; or

(c)any fund which is raised in connection with a particular event directly affecting persons resident in the United Kingdom on behalf of whom a public appeal for contributions has been made by a [^F236convener of a local authority, a convener^F236] of a community council, a lord-lieutenant or by a body of which any of these persons is a member [^F237or by such a person or body as is referred to in section 137(3)(c) of the Local Government Act 1972^F237] .

^F238(3A). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4)^F233. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4AA)^F233. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4A)^F233. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4B)^F233. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(5)^F233. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(7)^F233. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

84 Powers of local authorities with respect to emergencies or disasters.

(1)Where an emergency or disaster involving destruction of or danger to life or property occurs or is imminent or there is reasonable ground for apprehending such an emergency or disaster, and a local authority are of opinion that it is likely to affect the whole or part of their area or all or some of its inhabitants, the authority may—

(a)incur such expenditure as they consider necessary in taking action themselves (either alone or jointly with any other person or body and either in their area or elsewhere in or outside the United Kingdom) which is calculated to avert, alleviate or eradicate in their area or among its inhabitants the effects or potential effects of the event; and

(b)make grants or loans to other persons or bodies on conditions determined by the authority in respect of any such action taken by those persons or bodies.

^F239(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3)The power conferred by subsection (1)

above shall be in addition to, and not in derogation of, any power conferred on a local authority by or under any other enactment, including any enactment contained in this Act.

^F240(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

85 Acceptance of gifts of property._cross-notes

A local authority may accept, hold and administer—

(a)for the purpose of discharging any of their functions, gifts of property, whether heritable or moveable, made for that purpose; or

(b)for the benefit of the inhabitants of their area or of some part of it, gifts made for that purpose;

and may execute any work (including works of maintenance or improvement) incidental to or consequential on the exercise of the powers conferred by this section.

86 Insurance by local authorities against accidents to members._cross-notes

(1)A local authority may enter into a contract with any person whereby, in consideration of payments by the authority by way of premium or otherwise, that person undertakes to pay to the authority such sums as may be provided in the contract in the event of any member of the authority meeting with a personal accident, whether fatal or not, while he is engaged on the business of the authority.

(2)Any sum received by the authority under any such contract shall, after deduction of any expenses incurred in the recovery thereof, be paid by them to, or to the personal representatives of, the member concerned.

(3)^M20The provisions of the Life Assurance Act 1774 shall not apply to any such contract, but any such contract shall be deemed for the purposes of [^F241the Financial Services and Markets Act 2000^F241] to be a policy of insurance upon the happening of personal accidents.

(4)In this section, the expression “member of the authority” includes a member of a committee or sub-committee of the authority who is not a member of that authority.

87 Research and the collection of information.

(1)^F243A [^F242local authority^F242] may conduct, or assist in the conducting of, investigations into, and the collection of information relating to, any matters concerning their area or any part thereof and may make, or assist in the making of arrangements whereby any such information and the results of any such investigation are made available to . . . any government department or the public.

(2)^F246The appropriate Minister with respect to any matter may require [^F244a local authority^F244] to provide him with any information with respect to that matter which is in the possession of, or available to, that [^F245local authority^F245] in consequence of the exercise of any power conferred by or under any enactment; . . ..

^F247(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

88 Provision of information, etc., relating to matters affecting local government.

(1)A local authority may make, or assist in the making of, arrangements whereby the public may on application readily obtain, either at premises specially maintained for the purpose or otherwise, information concerning the services available within the area of the authority provided either by the authority or by other authorities [^F248mentioned in subsection (1B) below^F248] or by government departments, or by charities and other voluntary organisations, and other information [^F249relating to the functions of the authority^F249] .

[^F250(1A)A local authority may arrange for the publication within their area of information as to the services available in the area provided by them or by other authorities mentioned in subsection (1B) below.^F250]

[^F251(1B)The other authorities referred to above are any other local authority and any authority, board or committee which discharges functions which would otherwise fall to be discharged by two or more local authorities.^F251]

(2)A local authority may—

(a)arrange for the publication within their area of information [^F252relating to the functions of the authority^F252] ; and

(b)arrange for the delivery of lectures and addresses and the holding of discussions on such matters; and

(c)arrange for the display of pictures, cinematograph films or models or the holding of exhibitions relating to such matters; and

(d)prepare, or join in or contribute to the cost of the preparation of, pictures, films, models or exhibitions to be displayed or held as aforesaid.

[^F253(3)A local authority may assist voluntary organisations to provide for individuals—

(a)information and advice concerning those individuals’ rights and obligations; and

(b)assistance, either by the making or receiving of communications or by providing representation to or before any person or body, in asserting those rights or fulfilling those obligations.^F253]

89 Subscriptions to local government associations._cross-notes

A local authority may pay reasonable subscriptions, whether annually or otherwise, to the funds—

(a)of any association of local authorities formed (whether inside or outside the United Kingdom) for the purpose of consultation as to the common interests of those authorities and the discussion of matters relating to local government, or

(b)of any association of officers or members of local authorities which was so formed.

[^F25490 Powers of local authority to carry on tourism-related activities.

(1)A local authority may—

(a)provide, or encourage any other person to provide, facilities for leisure, conferences, trade fairs and exhibitions or improve, or encourage any other person to improve, any existing facilities for those purposes;

(b)promote, by advertisement or otherwise, facilities provided by that local authority (whether such facilities are owned by the authority or otherwise);

(c)organise, or assist others in the organisation of, and promote, by advertisement or otherwise, conferences, trade fairs and exhibitions;

(d)^F255. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(2)Subject to subsection (3) below, a local authority shall not have power to—

(a)encourage persons, by advertisement or otherwise (and whether inside or outside the United Kingdom)—

(i)to visit their area for purposes relating to leisure; or

(ii)to hold conferences, trade fairs or exhibitions within their area;

(b)provide information about accommodation and facilities and services relating to leisure in their area or provide a booking service for such accommodation, to persons visiting their area;

(c)carry on such other activities relating to those mentioned in paragraphs (a) and (b) above as the Secretary of State may by regulations specify.

(3)A local authority shall have power to do any of the things mentioned in paragraphs (a) to (c) of subsection (2) above—

(a)in so far as it is necessary to do any of those things for the purposes of carrying on the activities mentioned in paragraphs (a) and (b) of subsection (1) above; or

(b)where the Secretary of State has given his prior consent (subject to such conditions as he considers necessary or expedient) in writing.

(4)A local authority shall not, for the purposes of carrying on activities relating to tourism other than—

(a)those such as are mentioned in paragraphs (a) to [^F256(c)^F256] of subsection (1) above; or

(b)by virtue of subsection (3) above, those such as are mentioned in subsection (2) above,

form, acquire or join with any person or body corporate.

(5)Without prejudice to subsection (1) above, a local authority may contribute towards expenses incurred by any person—

(a)doing anything mentioned in paragraph (a) of that subsection; or

(b)organising and holding a conference, trade fair or exhibition.

(6)A local authority may appoint officers for the purposes of enabling the authority to carry out any of their powers under this section; and section 65 of this Act shall apply in relation to any officers appointed under this subsection subject to the following [^F257modification^F257]—

(a)^F258. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b)in subsection (2), the words from “but” to the end shall be omitted.

(7)A statutory instrument containing regulations under subsection (2)(c) above shall be subject to annulment in pursuance of a resolution of either House of Parliament.

(8)^F259. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .^F254]

^F26090A. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

91. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^F26192 Transfer of securities on alteration of area, etc._cross-notes

(1)Where any securities are standing in the books of a company in the name of a local authority the following provisions shall have effect—

(a)if the name of the authority is changed, then at the request of the authority and on production of a statutory declaration by the proper officer of the authority specifying the securities and verifying the change of name and identity of the authority, the company shall enter the securities in the new name of the local authority in like manner as if the securities had been transferred to the authority under that name;

(b)if by virtue of anything done under any provision of this Act or any enactment similar to any such provision (whenever passed), any other local authority have become entitled to the securities or any dividends or interest thereon, as the case may be, a certificate of the proper officer of the council of that other authority or the scheme, order or award under which that other authority have become so entitled, shall be a sufficient authority to the company to transfer the securities into the name of the local authority specified in that behalf in the certificate, or in the scheme, order or award, as the case may be, and to pay the dividends or interest to that authority;

(c)if in any other case any other local authority have become entitled to the securities or any dividends or interest thereon, as the case may be, the Court of Session may on the petition of that other authority make an order vesting in that other authority the right to transfer the securities or to receive the dividends or interest, as the case may be.

(2)In this section, the expression—

• “company” includes the Bank of England and any company or person keeping books in which any securities are registered or inscribed;

• ^F262. . .

[^F263(3)“Securities” means—

(a)shares;

(b)instruments creating or acknowledging indebtedness;

(c)government and public securities;

(d)instruments giving entitlements to investments;

(e)certificates representing securities;

(f)units in a collective investment scheme;

(g)rights to, or interests in, any security of the kind mentioned in paragraphs (a) to (f);

(h)rights (whether actual or contingent) to money lent to, or deposited with—

(i)a society registered under the Industrial and Provident Societies Act 1965, or

(ii)a building society within the meaning of the Building Societies Act 1986.

(4)Subsection (3) must be read with—

(a)section 22 of the Financial Services and Markets Act 2000;

(b)any relevant order under that section; and

(c)Schedule 2 to that Act.^F263]

Part VII Finance_cross-notes

Funds, revenue and expenses

93 General fund.

(1)Every local authority shall have a general fund and, subject to subsection (2) below—

(a)all sums received by or on behalf of the authority shall be paid into that fund;

(b)all fees, commissions, discounts allowed on payment of accounts and expenses payable to or recovered by any officer of a local authority in respect of any business relating to the authority whether by reason of his office or otherwise shall be accounted for and paid into that fund;

and all sums payable by the authority shall be paid out of that fund.

(2)Subsection (1)

above shall not apply to sums received or payable—

(a)which relate to funds or property held by a local authority as trustees for any purpose under any deed of trust or other instrument;

[^F264(b)which relate to the common good of the council;^F264]

(c)with respect to which it is otherwise provided in any other provision of this Act or in any other enactment.

[^F265(d)with respect to which regulations made by the Scottish Ministers provide that they be paid into or out of a fund (other than the general fund) established by the local authority for the purposes of this paragraph.^F265]

[^F266(3)A statutory instrument containing regulations under subsection (2)(d) above shall be subject to annulment in pursuance of a resolution of the Scottish Parliament.^F266]

94 Capital expenses.

^F267. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

95 Financial administration._cross-notes

Without prejudice to section 69 of this Act, every local authority shall make arrangements for the proper administration of their financial affairs and shall secure that the proper officer of the authority has responsibility for the administration of those affairs.

Accounts and audit

96 Accounts and audit._cross-notes

(1)Every local authority shall keep accounts of all transactions relating to all funds of the authority and, subject to any provision contained in regulations made under section 105 of this Act, the accounts of the general fund of a local authority shall comprise such current, capital and borrowing accounts as may be necessary for the purpose of distinguishing transactions for different purposes.

(2)All accounts of a local authority shall be made up in respect of each financial year.

(3)Every local authority shall, in addition to preparing accounts in respect of any financial year, prepare in duplicate an abstract of the accounts for that year.

(4)The accounts of every local authority in respect of any financial year shall be audited by a professional accountant, who is either [^F268a member of the staff of Audit Scotland^F268] or is an approved auditor appointed by the Commission in accordance with the provisions of this Part of this Act.

[^F269(5)The financial year of a local authority shall be the period of twelve months ending with 31st March ^F270. . .; and references in this Act and in any other enactment (whether passed or made before or after the passing of this Act) to the financial year of a local authority shall be construed in accordance with the provisions of this subsection.

(6)The Secretary of State may by order make provision amending, repealing or revoking, with or without savings, any enactment which is inconsistent with or superseded by subsection (5) above; but no order under this subsection shall have effect unless it is approved by a resolution of each House of Parliament.^F269]

97 Establishment of Commission for Local Authority Accounts in Scotland._cross-notes

(1)^F273There shall be established a body, to be known as the [^F271Accounts Commission for Scotland^F271] (hereafter in this Part of this Act referred to as “the Commission”), which shall consist of such number of members, not being more than [^F272twelve^F272] or less than [^F272six^F272] , as the Secretary of State may determine, and the members shall be appointed by the Secretary of State after consultation with such associations of local authorities . . . as appear to him to be concerned and with such other organisations or persons as he may think appropriate.

(2)The Commission shall have the following functions, that is to say—

(a)securing the audit of all accounts of

[^F274(i)^F274]local authorities

^F275[^F276(ii). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^F277(iii). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^F276(iv). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^F276(v). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

in accordance with the provisions of this Part of this Act;^F276]

(b)considering all reports made in accordance with the said provisions and investigating all matters raised by any such report;

(c)^F278making recommendations to the Secretary of State and to local authorities . . . in accordance with the said provisions; . . .

^F279(d)^F280advising the Secretary of State on any matter relating to the accounting of local authorities . . . which he may refer to them for advice [^F281and

(e)functions conferred by sections 97A and 97B of this Act.^F281]

[^F282(2AA)Any function of the Commissionmay be exercised on behalf of the Commission by any person (whether or not a member of the staff of Audit Scotland) authorised by the Commission to do so.

(2AB)Subsection (2AA) above does not apply in relation to the following functions—

(a)considering reports in pursuance of subsection (2)(b) above,

(b)appointing an auditor under subsection (6) below,

(c)deciding who is to audit any account, or class of account, in pursuance of this Part of this Act,

(d)deciding whether to undertake or promote a study under section 97A or 105A of this Act.

(2AC)Subsections (2AA) and (2AB) above do not affect the responsibility of the Commission for the exercise of their functions.^F282]

^F283(2A). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^F284(2B). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3)^F285The Secretary of State may, after consultation with the Commission, with such associations of local authorities . . . as appear to him to be concerned and with such other organisations or persons as he may think appropriate, give to the Commission directions of a general character as to the discharge of their functions and the Commission shall give effect to any direction so given.

(4)^F286There shall be a Controller of Audit who shall be appointed by the Commission after consultation with, and subject to the approval of, the Secretary of State . . ..

[^F287(4AA)The Controller of Audit shall, by virtue of appointment as such, be a member of the staff of Audit Scotland unless that person is also the Auditor General for Scotland.^F287]

(4A). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^F288(4B). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^F288(4C). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^F288(4D). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[^F289(4E)The Secretary of State may supply to the Commission any information held by him which relates to housing benefit or council tax benefit and which appears to him to be relevant to the exercise of any of the functions of the Commission.^F289]

(5)The provisions of Schedule 8 to this Act shall have effect in relation to the Commission.

(6)^F292,F293In this Part of this Act “auditor” includes [^F290(a)^F290] the Controller of Audit, [^F290(b)^F290][^F291members of the staff of Audit Scotland^F291] , being professional accountants, and [^F290(c)^F290] . . . auditors appointed by the Commission for the purpose of conducting audits or, as the case may be, a particular audit, under this Part of this Act, . . . . . .

^F294(6A). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[^F295(7)A person shall not be appointed as auditor by the Commission under subsection (6) above unless–

(a)he is eligible for appointment as a [^F296statutory auditor under Part 42 of the Companies Act 2006^F296] ; or

[^F297(b)he is a member of a body of accountants established in the United Kingdom or another EEA State.^F297,F295]]

[^F298(7A)In subsection (7), “EEA State” means a member State, Norway, Iceland or Lichtenstein.^F298]

[^F29997A Studies for improving economy etc. in services._cross-notes

(1)The Commission shall undertake or promote comparative and other studies designed to enable it to make recommendations for

[^F300(a)the securing by local authorities of best value;

(b)^F300]improving economy, efficiency and effectiveness in the provision of services by local authorities or by other bodies whose accounts are required to be audited in accordance with this Part of this Act, and

[^F301(c)^F301] improving the financial or other management of such authorities or other bodies.

[^F302(1A)In subsection (1)(a) above, the references to best value and the securing of it are references to best value within the meaning of section 1 of the Local Government in Scotland Act 2003 (asp 1) and the securing of it in accordance with that section.^F302]

(2)The Commission shall publish or otherwise make available its recommendations and the results of any studies undertaken or promoted under this section ^F303. . .

(3)Before undertaking or promoting any study under this section the Commission shall consult such associations of local authorities or other bodies whose accounts are required to be audited in accordance with this Part of this Act as appear to it to be concerned and such associations of employees as appear to it to be appropriate ^F304. . .^F299]

97B Furnishing of information and documents to Commission._cross-notes

(1)Without prejudice to any other provision of this Part of this Act, the Commission may require

[^F305(a)^F305] any body whose accounts are required to be audited in accordance with this Part of this Act, and any officer or member of any such body [^F306;

(b)any person who, by arrangement or agreement with any such body, is discharging any function of the body,^F306]

to furnish the Commission or any person authorised by it with all such information as the Commission or that person may reasonably require for the discharge of the functions under this Part of this Act of the Commission or of that person, including the carrying out of any study under section 97A of this Act.

(2)Any person who without reasonable excuse fails to comply with a requirement imposed by subsection (1) above shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding level 3 on the standard scale.

98 Expenses and accounts of Commission._cross-notes

(1)The Commission shall have power to incur such expenses as appear to them to be necessary or expedient for the proper discharge of their functions, and [^F307such expenses shall be met by Audit Scotland^F307] —

^F308(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^F308(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^F308(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^F308(5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^F308(6). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^F308(7). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

99 General duties of auditors._cross-notes

[^F309(1)^F309]^F310In auditing the accounts of any local authority . . .under this Part of this Act, an auditor shall, by examination of the accounts and otherwise, satisfy himself that—

(a)^F311the accounts have been prepared in accordance with regulations made under section 105 of this Act . . . and comply with the requirements of all other enactments and instruments applicable to the accounts; and comply with the requirements of all other enactments and instruments applicable to the accounts;

(b)proper accounting practices have been observed in the preparation of the accounts.

[^F312(c)that the local authority^F310. . . has made proper arrangements for securing [^F313best value and is complying with its duties under [^F314Part 2 of the Community Empowerment (Scotland) Act 2015 (community planning)^F314] .^F313,F312]][^F315and

^F315(d)in a case where that body are required to publish information in pursuance of a direction under section 1 of the Local Government Act 1992 (publication of performance information), that body have made such arrangements for collecting and recording the information, and for publishing it, as are required for the performance of their duties under that section.^F315]

[^F316(2)In subsection (1) above, the references to best value and arrangements for securing it are references to best value within the meaning of section 1 of the Local Government in Scotland Act 2003 (asp 1) and the arrangements for securing it which are to be made under that section.^F316]

100 Auditor’s right of access to documents._cross-notes

(1)^F317,F317An auditor shall have a right of access at all reasonable times to all such documents relating to the accounts of a local authority . . . as it appears to him to be necessary to examine for the purpose of auditing those accounts under this Part of this Act and shall be entitled to require from any officer of that authority . . .or any other person holding or accountable for any such document such information and explanation as he thinks necessary for the said purpose and, if he thinks it necessary for providing any such information or explanation, to require any such officer or other person to attend before him in person and produce any such documents.

[^F318(1A)In the case of a recognised fund-holding practice, the reference in subsection (1) above to documents includes a reference to documents relating to all the accounts and records of the members of the practice, whether or not relating to an allotted sum.^F318]

[^F319(1B)Without prejudice to subsection (1) above, the auditor shall be entitled to require any officer, former officer, member or former member of an authority ^F320. . .whose accounts are required to be audited in accordance with this Part of this Act [^F321and any person who, by arrangement or agreement with the authority or body, is discharging any function of the authority or body^F321] to give him such information or explanation as he thinks necessary for the purposes of the audit and, if he thinks it necessary, to require any of the persons mentioned above to attend before him in person to give the information or explanation [^F322or, where that person is a body corporate, to require that person to appoint a representative to attend before the auditor for that purpose.^F322,F319]]

(2)^F324Without prejudice to [^F323subsections (1) and (1B)^F323] above, every local authority . . .shall provide an auditor with every facility and all information which he may reasonably require for the purpose of auditing their accounts [^F325and every person who, by arrangement or agreement with a local authority, is discharging any function of the authority shall make that provision for the purpose of the auditing of the authority’s accounts.^F325]

(3)If any person wilfully or negligently fails to comply with any requirement of an auditor under subsection (1) [^F326or (1B)^F326] above, he shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding [^F327level 3 on the standard scale^F327] . . ..

101 Right of interested person to inspect and object to accounts: completion of audit. _cross-notes

[^F328(1)At each audit under this Part of this Act of a local authority’s accounts, any persons interested may inspect the accounts to be audited and all books, deeds, contracts, bills, vouchers and receipts relating thereto and make copies of all or any part of the accounts and those other documents.^F328]

(2)Any person interested may object to the accounts of a local authority or to any part of those accounts by—

(a)sending his objection in writing, together with a statement of the grounds thereof, to the auditor, and

(b)sending a copy of that objection and statement to the authority and to any officer of the authority who may be concerned.

(3)Where any person objects under subsection (2)

above to the accounts of a local authority, the auditor shall, if so requested by that person or authority or by any officer of the authority who may be concerned, afford to that person or authority or officer, as the case may be, an opportunity of appearing before and being heard by the auditor with respect to that objection; and any such person or officer may so appear and be heard either personally or by a representative.

(4)Within fourteen days of the completion of the audit of the accounts of a local authority the auditor shall place on each duplicate abstract of those accounts prepared by the authority under section 96(3) of this Act a certificate, in such form as the Commission may direct, to the effect that he has audited the accounts in accordance with the provisions of this Part of this Act; and the auditor shall, on so certifying, forthwith send one duplicate abstract of the accounts to the Commission and the other duplicate abstract to the local authority.

^F329(5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[^F330101A Reference of social security matters to Secretary of State._cross-notes

The Commission or an auditor may refer to the Secretary of State any matter arising from an audit or study under this Part of this Act if it appears that it may be relevant for the purposes of any of the functions of the Secretary of State relating to social security.^F330]

102 Reports to Commission by Controller of Audit._cross-notes

[^F331(1)The Controller of Audit may and, if so required by the Commission, shall make reports to the Commission with respect to—

(a)the accounts of local authorities audited under this Part of this Act;

(b)any matters arising from the accounts of any of those authorities or from the auditing of those accounts being matters that the Controller considers should be considered by the local authority or brought to the attention of the public;

(c)the performance by a local authority of their duties under Part 1 (best value and accountability)^F332... of the Local Government in Scotland Act 2003 (asp 1) [^F333and Part 2 of the Community Empowerment (Scotland) Act 2015 (community planning)^F333] .

(2)The Controller of Audit shall send a copy of a report made under subsection (1) above to—

(a)any local authority named in the report; and

(b)any other person the Controller thinks fit.^F331]

[^F334(2A)A local authority shall, forthwith upon their receiving a copy of a report sent to them under subsection ^F335. . . (2) above, supply a copy of that copy report to each member of the authority and make additional copies available for public inspection.^F334]

(3)Without prejudice to subsection (1)

above, if the Controller of Audit, having considered [^F336any matter arising out of the auditing^F336] under this Part of this Act of the accounts of any local authority and having made such further inquiries (if any) as he may think fit—

(a)is of the opinion—

(i)that any item of account is contrary to law, or

(ii)that there has been a failure on the part of any person to bring into account any sum which ought to have been brought into account, or

(iii)that any loss has been incurred or deficiency caused by the negligence or misconduct of any person or by the failure of the authority to carry out any duty imposed on them by any enactment; or

(b)is of the opinion that any sum which ought to have been credited or debited to one account of the authority has been credited or, as the case may be, debited to another account of the authority; and

(c)is not satisfied that the authority has taken or is taking such steps as may be necessary to remedy the matter;

he [^F337may^F337] make to the Commission a special report with respect to the said accounts, setting forth his opinion as aforesaid and the grounds thereof.

[^F338(3A)No such special report shall, however, be so made unless—

(a)the authority; and

(b)any person named or referred to in the report—

(i)as being to blame in connection with an item of account being contrary to law; or

(ii)whose failure, negligence or misconduct is a subject of the report,

has been given a copy of the proposed report and an opportunity to make representations to the Controller on the proposed report and on any of the matters dealt with in it.^F338]

(4)The Controller of Audit shall, on making a special report under subsection (3) above with respect to the accounts of any local authority, forthwith send a copy of that special report—

(a)to that authority;

(b)to any officer of the authority who may be concerned;

(c)if the matter raised by the special report has been made the subject of objection under section 101 of this Act, to the person making that objection;

(d)to any other person who in his opinion may be affected thereby.

^F339(5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

103 Action by Commission on reports by Controller of Audit.

(1)^F340. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^F341(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^F341(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^F341(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^F341(5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(6)^F340. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(7)^F340. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[^F342103A Publication of special reports_cross-notes

The Commission may publish a special report made to it under section 102(3) of this Act, and may do so in whatever way and send it to whomever it thinks fit.^F342]

[^F343103B Action by Commission on receipt of special reports_cross-notes

(1)On receiving a special report under section 102(3) of this Act from the Controller of Audit, the Commission may—

(a)direct the Controller to carry out further investigations;

(b)hold a hearing;

(c)state a case on any question of law arising on the special report for the opinion of the Court of Session;

(d)subject to subsections (2) and (3) below, do none of the above.

(2)The Commission shall hold a hearing if requested to so in writing by—

(a)the local authority which was sent a copy of the report under section 102(3A) of this Act;

(b)any person, named or referred to in the report—

(i)as being to blame in connection with an item of account being contrary to law;

(ii)whose failure, negligence or misconduct is a subject of the report; or

(iii)who was sent a copy of the report under section 102(3A) of this Act.

(3)The Commission shall state a case under subsection (1)(c) above if directed to do so by the Court of Session.^F343]

[^F344103C Hearings on special reports_cross-notes

(1)Subject to subsections (2) to (12) below, the procedure at a hearing held under section 103B(1)(b) of this Act shall be such as the Commission determines.

(2)The Commission may, at any one hearing, consider—

(a)allegations of blame, in connection with an item of account being contrary to law, against; and

(b)failures, negligence or misconduct by,

more than one officer or member of a local authority.

(3)A hearing shall be conducted by not fewer than three members of the Commission selected by the chairman of the Commission.

(4)Notwithstanding paragraph 4(1) of Schedule 8 to this Act, for the purposes of this section, the quorum for a meeting of the Commission shall be three.

(5)The following—

(a)an officer or member—

(i)as to whom the question of blame in connection with an item of account being contrary to law is; or

(ii)whose alleged failure, negligence or misconduct is being considered by a hearing, is; and

(b)the local authority are,

entitled to be heard at the hearing.

(6)An officer or member entitled to be heard at a hearing shall be entitled to be heard either in person or represented by counsel or a solicitor or any other person.

(7)The members of the Commission conducting a hearing may—

(a)require any person, including officers or members or former officers or members of any local authority, to attend the hearing, give evidence and produce documents;

(b)administer oaths.

(8)A person shall not, however, be compelled to give any evidence or produce any documents which that person could not be compelled to give or produce in civil proceedings in the Court of Session.

(9)A person who, without reasonable excuse, fails to comply with a requirement imposed under subsection (7)(a) above is guilty of an offence and liable on summary conviction to a fine not exceeding level 3 on the standard scale.

(10)The Commission may pay persons appearing at a hearing or attending it for the purpose of giving evidence or producing documents such expenses or allowances as it thinks fit.

(11)A hearing shall be held in public unless the members of the Commission conducting it determine that it is in the public interest that it, or such part of it as they specify for the purposes of this subsection, be not so held.

(12)In this section, “documents” includes information held by means of a computer or in any other electronic form.^F344]

[^F345103D Findings of hearings_cross-notes

The members of the Commission conducting a hearing under section 103B(1)(b) of this Act shall state their findings in writing and give a copy to—

(a)any officer or member of the local authority who is or was blamed in connection with an item of account being contrary to law or whose failure, negligence or misconduct, or alleged failure, negligence or misconduct, was a subject of the hearing;

(b)the local authority;

(c)any other person the Commission considers should, under this paragraph, receive such a copy; and

(d)any other person seeking a copy of those findings who has paid the Commission’s reasonable charge for providing such a copy.^F345]

[^F346103E Action by local authorities on receipt of findings under section 103D_cross-notes

(1)A local authority receiving a copy of findings under section 103D of this Act shall consider those findings at a meeting of the authority within three months of receiving them or within such longer period as the Commission may specify in writing.

(2)The duty imposed on a local authority by subsection (1) above shall be discharged only by that authority and not by a committee or sub-committee or an officer.

(3)Where findings received by a local authority contain recommendations under section 103F(3)(b) of this Act, the authority shall decide—

(a)whether to accept any or all of those recommendations;

(b)what, if any, action to take in response to those recommendations.

(4)A meeting under subsection (1) above shall not be held unless, at least seven clear days before the meeting, there has been published, in a newspaper circulating in the area of the local authority concerned, a notice which—

(a)states the time and place of the meeting;

(b)indicates that the meeting is to be held in order to consider the findings of the Commission and any recommendations in those findings; and

(c)describes the nature of those findings and of any such recommendations.

(5)The local authority shall, as soon as practicable after that meeting—

(a)notify the Commission of any decisions made in pursuance of subsection (3) above; and

(b)publish, in a newspaper circulating in the area of the local authority, a notice containing a summary, approved by the Commission, of any such decisions.

(6)A notice under subsection (5)(b) above shall not need to summarise any decision made while the public were excluded from the meeting—

(a)under section 50A(2) of this Act (confidential matters) or in pursuance of a resolution under section 50A(4) of this Act (exempt information); but

(b)in a case where sections 50C and 50D of this Act (availability for inspection after meetings of minutes, background papers and other documents) apply in relation to the meeting, shall indicate the documents which, in relation to that meeting, are open for inspection in accordance with those sections.

(7)This section is without prejudice to any other duties (so far as they relate to the subject-matter of findings or recommendations sent to the authority) which are imposed by or under Part VII of this Act, section 5 of the Local Government and Housing Act 1989 (c.42) (functions of monitoring officers) or any other enactment.^F346]

[^F347103F Action on finding of failure, negligence or misconduct_cross-notes

(1)Where the members of the Commission conducting a hearing under section 103B(1)(b) of this Act find that—

(a)any item of account is contrary to law;

(b)there has been a failure on the part of any person to bring into account any sum which ought to have been brought into account;

(c)any loss has been incurred or deficiency caused by the negligence or misconduct of any person or by the failure of the local authority to carry out any duty imposed on them by any enactment;

(d)any sum which ought to have been credited or debited to one account of the local authority has been credited or, as the case may be, debited to another account of the authority and the Commission are not satisfied that the authority has taken or is taking such steps as may be necessary to remedy the matter,

they may, as appropriate, impose one of the sanctions specified in subsection (2) or make any of the recommendations in subsection (3) below.

(2)The sanctions which may be imposed under subsection (1) above are—

(a)censuring, but otherwise taking no action against, an officer or member of the authority;

(b)suspending, for a period not exceeding one year, the entitlement of a member of a local authority to attend one or more but not all of the following—

(i)all meetings of the local authority;

(ii)all meetings of one or more committees or sub-committees of the local authority;

(iii)all meetings of any other body on which the member is a representative or nominee of the local authority;

(c)suspending, for a period not exceeding one year, the entitlement of a member of a local authority to attend meetings of the local authority and of any committee or sub-committee thereof and of any other body on which the member is a representative or nominee of the local authority;

(d)disqualifying a member of a local authority for a period not exceeding five years, from being, or from being nominated for election as, or from being elected, such a member.

(3)In the case of a local authority, the Commission may—

(a)make recommendations to the Scottish Ministers that they make an order directing the authority to make such rectification of their accounts as appears to the Commission necessary;

(b)include in its findings any recommendations arising from those findings which the Commission think fit.

(4)A period of suspension imposed under subsection (2)(b) or (c) above which would continue until or after the day of the next following ordinary election of members shall end at the beginning of that day.

(5)Disqualification imposed under subsection (2)(d) above—

(a)has the effect of vacating the member’s office; and

(b)extends to membership of committees and sub-committees of the local authority of which the member was a member and any joint committee, joint board or other body on which the member is a representative or nominee of the local authority.

(6)The Commission shall, on making a recommendation under subsection (3)(a) above, forthwith send a copy of that recommendation to the local authority and to any person whom the Commission thinks fit.

(7)Where the Commission make recommendations to the Scottish Ministers under subsection (3)(a) above, Ministers may make an order giving effect to any recommendation, with or without modifications, or may decline to make such an order.

(8)A local authority shall give effect to any direction to them made in an order under subsection (7) above.^F347]

[^F348103G Interim reports on investigations and action thereon_cross-notes

(1)The Controller of Audit may submit an interim report on an investigation being conducted by that Controller under section 102(3) of this Act.

(2)On receiving an interim report, the Commission, if it is satisfied—

(a)that the further conduct of the investigation is likely to be prejudiced if the sanction mentioned in subsection (3) below is not imposed; or

(b)that otherwise it would be in the public interest to impose that sanction,

then it may impose that sanction.

(3)That sanction is suspending the member of the local authority whose alleged blame in connection with an item of account being contrary to law or whose alleged failure, negligence or misconduct was the subject of the interim report from the entitlement set out in section 103F(2)(c) of this Act for a period not exceeding three months.

(4)The Commission shall not require to hold a hearing before proceeding to impose that sanction, but shall give the member an opportunity to make representations on the allegations of blame, failure, negligence or misconduct and on the interim report.

(5)The Commission shall put its decision under this section in writing and shall give a copy to—

(a)the member;

(b)the authority; and

(c)any other person seeking a copy of the decision who has paid the Commission’s reasonable charges for providing such a copy.

(6)A period of suspension imposed under this section ends upon—

(a)the issue of findings under section 103D of this Act that the member was not to blame or has not failed, been negligent or been guilty of misconduct;

(b)the imposition of a sanction under section 103F of this Act or a decision not to impose such a sanction; or, as the case may be,

(c)a decision by the Commission under section 103B of this Act not to hold a hearing.

(7)A period of suspension imposed under subsection (2) above which would continue until or after the day of the next following ordinary election of members ends at the beginning of that day.

(8)If, however, the member is re-elected at that election, the Commission may re-impose the suspension.

(9)The period for which suspension may be re-imposed under subsection (8) above is that for which it would have continued to apply but for subsection (7) above.

(10)On the expiry (otherwise than by operation of subsection (6) or (7) above) of a period of suspension, it may be renewed by the Commission for a period not exceeding three months and a renewed period may likewise be further renewed.

(11)Where, but for the suspension under this section, a member would be entitled to receive basic allowance and special responsibility allowance from the authority, the suspension shall not affect that entitlement; but nothing in this subsection authorises the payment or reimbursement of travelling, subsistence or other allowances or expenses.

(12)In subsection (11) above, “basic allowance” and “special responsibility allowance” are the respective allowances referred to in section 18(1)(a) and (c) of the Local Government and Housing Act 1989 (c.42).^F348]

[^F349103H Protection from actions of defamation_cross-notes

(1)For the purposes of the law of defamation, any statement made by the Commission or any of its agents or staff of Audit Scotland provided for the Commission under section 10(3) of the Public Finance and Accountability (Scotland) Act 2000 (asp 1) or by the Controller of Audit shall be absolutely privileged.

(2)In subsection (1) above “statement” has the same meaning as in the Defamation Act 1996 (c.31).^F349]

[^F350103J Appeals from Commission_cross-notes

(1)An officer or member of a local authority—

(a)who is the subject of a finding under section 103F(1) of this Act;

(b)on whom a sanction under section 103F(2)(a), (b) or (c) of this Act has been imposed;

(c)who has been suspended under section 103G(2) of this Act,

may appeal to the sheriff principal of the sheriffdom in which the authority has its principal office.

(2)An appeal—

(a)under subsection (1)(a) above may be made on one or more of the following grounds—

(i)that the Commission’s finding was based on an error of law;

(ii)that there has been procedural impropriety in the conduct of any hearing held under section 103B(1)(b) of this Act;

(iii)that the Commission has acted unreasonably in the exercise of its discretion;

(iv)that the Commission’s finding was not supported by the facts found to be proved by the Commission;

(b)under subsection (1)(b) above may be made on one or more of the following grounds—

(i)that the sanction imposed was excessive;

(ii)that the Commission has acted unreasonably in the exercise of its discretion;

(c)under subsection (1)(c) above may be made only on the ground that the Commission has acted unreasonably in the exercise of its discretion.

(3)An appeal under subsection (1) above shall be lodged within 21 days of—

(a)the sending of the finding under section 103F(1) of this Act to the officer or member;

(b)the imposition of the sanction under section 103F(2) of this Act; or, as the case may be,

(c)the imposition of suspension under section 103G(2) of this Act.

(4)A finding made or sanction imposed by the Commission continues to have effect notwithstanding the lodging of an appeal under subsection (1) above.

(5)The sheriff principal may—

(a)in an appeal under subsection (1)(a) above—

(i)confirm the finding under section 103F(1) of this Act;

(ii)quash the finding;

(iii)quash the finding and remit the matter to the Commission to reconsider its decision;

(b)in an appeal under subsection (1)(b) above—

(i)confirm the sanction;

(ii)quash the sanction and either substitute a lesser sanction or remit the matter back to the Commission;

(c)in an appeal under subsection (1)(c) above, quash the suspension;

(d)award expenses.

(6)The decision of the sheriff principal under subsection (1) above is a final judgment for the purposes of [^F351section 114(1) (appeal from the sheriff principal to the Court of Session) of the Courts Reform (Scotland) Act 2014^F351] .

(7)In an appeal from the sheriff principal by virtue of subsection (6) above, the Court of Session has the powers specified in subsection (5) above.

(8)The Commissionmay be a party to an appeal under subsection (1) above and in any appeal from the decision of the sheriff principal.^F350]

^F352104. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^F353104A. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

105 Regulations as to accounts. _cross-notes

(1)The Secretary of State may by regulations under this section make such provision as appears to him to be necessary or expedient for the purpose of rendering sections 96 to 104 of this Act of full effect and, without prejudice to the foregoing generality, such regulations may contain provisions with respect to the following matters, that is to say—

(a)the form, preparation, keeping and authentication of the accounts of local authorities and of any abstract of such accounts;

(b)the date in each year before which such accounts and abstract are to be authenticated on behalf of a local authority;

(c)the deposit by a local authority, within such period as may be specified in the regulations, of copies of such abstract at the offices of the authority or at any other place, and the publication by the authority of information with respect to such accounts;

(d)the exercise, within such period as may be specified in the regulations, of the rights of inspection and objection conferred by section 101 of this Act in relation to any such [^F354accounts and other documents^F354] , and the steps to be taken by a local authority for informing persons of those rights;

(e)the giving of public notice by a local authority of any order made in relation to them by the Secretary of State under section 104(1) of this Act.

(2)Before making regulations under this section, the Secretary of State shall consult with such associations of local authorities as appear to him to be concerned.

(3)If any person wilfully or negligently contravenes any provision of any regulations made under this section, contravention of which is declared by the regulations to be an offence, he shall be guilty of an offence and shall be liable on summary conviction, in the case of a first offence, to a fine not exceeding [^F355level 3 on the standard scale^F355] , and, in the case of a second or subsequent offence, to a fine not exceeding [^F355level 3 on the standard scale^F355] .

(4)A statutory instrument containing regulations made by the Secretary of State under this section shall be subject to annulment in pursuance of a resolution of either House of Parliament.

[^F356105A Studies of benefit administration at request of Secretary of State.

(1)The Secretary of State may request the Commission to conduct or assist the Secretary of State in conducting studies designed to improve economy, efficiency, effectiveness and quality of performance in the discharge by local authorities of functions relating to the administration of housing benefit and council tax benefit.

(2)In the following provisions of this section “study” means a study which the Commission are requested to conduct, or assist the Secretary of State in conducting, under subsection (1) above.

(3)If the Commission require—

(a)any local authority included in a study; or

(b)any officer or member of such an authority,

to supply the Commission or an authorised person with such information as is needed for the purposes of the study, the authority or officer or member shall supply the information.

(4)If the Commission require any local authority included in a study to make available for inspection by the Commission or an authorised person documents which relate to the authority and are needed for the purposes of the study, the authority shall make the documents available.

(5)Any information obtained under a requirement under subsection (3) or (4) above may be disclosed by the Commission to the Secretary of State for the purposes of any functions of his which are connected with housing benefit or council tax benefit.

(6)In subsections (3) and (4) above “authorised person” means a person authorised by the Commission for the purposes of this section.

(7)The Commission shall send to the Secretary of State a copy of any report of a study; and the Secretary of State or the Commission may send a copy of a report of a study to any local authority to which the study relates.

(8)Any report of a studymay be published by the Secretary of State in conjunction with the Commission.

(9)The Commission shall not conduct, or assist the Secretary of State in conducting, a study unless, before they do so, the Secretary of State has made arrangements for the payment of such reasonable amount as may be agreed between him and the Commission in respect of the study.^F356]

106 Application of ss. 93 to 105 to bodies other than local authorities and to officers. _cross-notes

(1)The foregoing provisions of this Part of this Act and any regulations made by the Secretary of State under section 105 of this Act shall, subject to any necessary modifications, apply with respect to the following bodies, that is to say—

(a)any committee, joint committee or joint board all the members of which, other than any ex officio members, are appointed by one or more local authorities;

(b)the trustees for any charity, foundation, mortification, or other purpose, where a local authority, or some members of such an authority as such, are the sole trustees for such charity, foundation, mortification or other purpose;

[^F357(ba)a Transport Partnership created under the Transport (Scotland) Act 2005 (asp 12);^F357]