LegalizeReform history
Local Government in Scotland Act 2003
21 versions
· 2003-02-11
2020-02-25
Local Government in Scotland Act 2003
2015-04-01
Local Government in Scotland Act 2003
2013-04-01
Local Government in Scotland Act 2003
2012-12-05
Local Government in Scotland Act 2003
2010-06-01
Local Government in Scotland Act 2003
2010-04-20
Local Government in Scotland Act 2003
2009-09-08
Local Government in Scotland Act 2003
2006-07-24
Local Government in Scotland Act 2003
2006-07-03
Local Government in Scotland Act 2003
2006-04-03
Local Government in Scotland Act 2003
2006-03-20
Local Government in Scotland Act 2003
2005-10-10
Local Government in Scotland Act 2003
2005-08-02
Local Government in Scotland Act 2003
2004-04-01
Local Government in Scotland Act 2003
2004-02-10
Local Government in Scotland Act 2003
2004-01-30
Local Government in Scotland Act 2003
2003-11-27
Local Government in Scotland Act 2003
2003-11-18
Local Government in Scotland Act 2003
2003-05-01
Local Government in Scotland Act 2003
2003-04-01
Local Government in Scotland Act 2003
Changes on 2003-04-01
@@ -34,7 +34,7 @@
- (6) In measuring the improvement of the performance of a local authority’s functions for the purposes of this section, regard shall be had to the extent to which the outcomes of that performance have improved.
- (7) In this section, “equal opportunity requirements” has the same meaning as in Section L2 of Part II of Schedule 5 to the Scotland Act [1998 (c. 46)](https://www.legislation.gov.uk/ukpga/1998/46).
- (7) In this section, “*equal opportunity requirements*” has the same meaning as in Section L2 of Part II of Schedule 5 to the Scotland Act 1998 (c. 46).
#### Considerations bearing on performance of duty under section 1
@@ -60,7 +60,7 @@
##### 3
- (1) On a report being made to it by the Controller of Audit under section 102(1) of the Local Government (Scotland) Act [1973 (c. 65)](https://www.legislation.gov.uk/ukpga/1973/65) (the “1973 Act”), the Accounts Commission for Scotland may do, in any order, all or any of the following, or none of them—
- (1) On a report being made to it by the Controller of Audit under section 102(1) of the Local Government (Scotland) Act 1973 (c. 65) (the “*1973 Act*”), the Accounts Commission for Scotland may do, in any order, all or any of the following, or none of them—
- (a) direct the Controller of Audit to carry out further investigations;
@@ -102,7 +102,7 @@
- (1) A local authority receiving a copy of findings under section 103D of the 1973 Act as applied by section 4 above shall consider those findings in accordance with section 103E(1) and (2) of that Act and subsections (3) to (7) of the said section 103E shall apply accordingly.
- (2) Sections 5 and 6 of the Local Government Act [1992 (c. 19)](https://www.legislation.gov.uk/ukpga/1992/19) are repealed.
- (2) Sections 5 and 6 of the Local Government Act 1992 (c. 19) are repealed.
### Other provisions about best value
@@ -127,7 +127,7 @@
- (2) After that subsection there is inserted—
> (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)](https://www.legislation.gov.uk/asp/2003/1) and the securing of it in accordance with that section.
> (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.
.
@@ -137,7 +137,7 @@
##### 7
- (1) The following provisions of section 17(5) of the Local Government Act [1988 (c. 9)](https://www.legislation.gov.uk/ukpga/1988/9) (the “1988 Act”) do not operate in relation to a local authority in any of the cases specified in subsection (2) below—
- (1) The following provisions of section 17(5) of the Local Government Act 1988 (c. 9) (the “*1988 Act*”) do not operate in relation to a local authority in any of the cases specified in subsection (2) below—
- paragraph (a) (which provides that the terms and conditions of employment of, and certain other arrangements affecting, contractors' workers are to be disregarded by authorities when exercising certain functions relating to public supply or works contracts);
@@ -151,29 +151,29 @@
- (b) where the local authority reasonably seeks to ensure that a contractor with the authority will perform the contractor’s obligations under the contract in a way which will not prevent the authority from securing best value or hinder it in doing so; and
- (c) where the local authority has reasonable grounds for believing that the trade contractor’s implementation of the contract with the authority would entail a relevant transfer within the meaning of the Transfer of Undertakings (Protection of Employment) Regulations 1981 ([S.I. 1981/1794](https://www.legislation.gov.uk/uksi/1981/1794)) or any regulations replacing those regulations, as from time to time amended.
- (3) Section 17(5)(h) of the 1988 Act (which provides that the use or non-use by contractors of services provided under the Building (Scotland) Act [1959 (c. 24)](https://www.legislation.gov.uk/ukpga/1959/24) is to be disregarded by authorities when exercising certain functions relating to public supply or works' contracts) ceases to have effect in relation to local authorities.
- (4) In this section, “contractor” has the same meaning as in section 17 of the 1988 Act.
- (c) where the local authority has reasonable grounds for believing that the trade contractor’s implementation of the contract with the authority would entail a relevant transfer within the meaning of the Transfer of Undertakings (Protection of Employment) Regulations 1981 (S.I. 1981/1794) or any regulations replacing those regulations, as from time to time amended.
- (3) Section 17(5)(h) of the 1988 Act (which provides that the use or non-use by contractors of services provided under the Building (Scotland) Act 1959 (c. 24) is to be disregarded by authorities when exercising certain functions relating to public supply or works' contracts) ceases to have effect in relation to local authorities.
- (4) In this section, “*contractor*” has the same meaning as in section 17 of the 1988 Act.
#### Relaxation of restrictions on supply of goods and services etc. by local authorities
##### 8
- (1) The Local Authorities (Goods and Services) Act [1970 (c. 39)](https://www.legislation.gov.uk/ukpga/1970/39) is modified as provided in subsections (2) and (3) below.
- (1) The Local Authorities (Goods and Services) Act 1970 (c. 39) is modified as provided in subsections (2) and (3) below.
- (2) In section 1 (supply of goods and services etc. by local authorities to public bodies)—
- (a) in subsection (1)—
- (i) for “public body within the meaning of this section” and “body”, wherever subsequently occurring, there is, in each case, substituted “person”;
- (ii) after “may”, where it first occurs, there is inserted “, in relation to any relevant trading operation carried on by the authority,”;
- (i) for “public body within the meaning of this section” and “body”, wherever subsequently occurring, there is, in each case, substituted “ person ”;
- (ii) after “may”, where it first occurs, there is inserted “ , in relation to any relevant trading operation carried on by the authority, ”;
- (iii) in paragraph (b), the words “administrative, professional or technical” are repealed;
- (iv) in paragraph (c), for “vehicle, plant or apparatus belonging to” there is substituted “property belonging to or facilities under the control of” and for “vehicle or other property” there is substituted “property or facility”; and
- (iv) in paragraph (c), for “vehicle, plant or apparatus belonging to” there is substituted “ property belonging to or facilities under the control of ” and for “vehicle or other property” there is substituted “ property or facility ”; and
- (v) paragraph (d) and the words which follow it are repealed;
@@ -187,14 +187,14 @@
> or with a person who, not being a public body, has functions of a public nature or engages in activities of that nature and the purpose or effect of the agreement is to facilitate discharge by that person of those functions or that person’s engagement in those activities.
> (1C) The restriction in subsection (1A) does not prevent a local authority from entering into an agreement where the likely result of doing so would be that the income referred to in that subsection will exceed the limit there referred to if the Scottish Ministers give prior consent to the authority doing so.
> (1D) In subsection (1A) above—
> (a) the “commercial services” income of a local authority is that part of their income which—
> (a) the “*commercial services*” income of a local authority is that part of their income which—
> (i) is derived from agreements entered into for all or any of the purposes set out in subsection (1) above and is, in accordance with proper accounting practices, credited to a trading account kept by the authority for a trading operation;
> (ii) is derived from relevant dividends; or
> (iii) is derived from relevant profit sharing agreements; and
> (b) the “statutory limit” for a trading operation is such amount as the Scottish Ministers may, by order, fix.
> (b) the “*statutory limit*” for a trading operation is such amount as the Scottish Ministers may, by order, fix.
> (1E) For the purposes of subsection (1D) above—
> - “relevant dividend” means a dividend paid by a body corporate which carries on operations which, if they were carried on by the authority to which the dividend is paid, would be relevant trading operations;
> - “relevant profit sharing agreement” means an agreement between a local authority and a body corporate which carries on such operations in terms of which the body corporate undertakes to pay to the authority a proportion of any income which it derives from carrying out those operations.
> “*relevant dividend*” means a dividend paid by a body corporate which carries on operations which, if they were carried on by the authority to which the dividend is paid, would be relevant trading operations;
> “*relevant profit sharing agreement*” means an agreement between a local authority and a body corporate which carries on such operations in terms of which the body corporate undertakes to pay to the authority a proportion of any income which it derives from carrying out those operations.
> (1F) An amount so fixed may be expressed as a fraction of any other amount specified or referred to in the order.
> (1G) Different amounts may be so fixed for different trading operations or classes of trading operation, and an amount may be so fixed for all trading operations.
> (1H) Where, for any trading operation, no amount has been so fixed, the prohibition in subsection (1A) above applies, the condition of its application set out in that subsection being ignored.
@@ -205,21 +205,21 @@
> (1M) A local authority shall, before entering any such agreement as is referred to in subsection (1) above, have regard to whether doing so will be likely to promote or improve the well-being of—
> (a) their area and persons within that area;
> (b) either of those.
> (1N) For the purposes of subsection (1M) above, “well-being” is to be construed in the same way as it is construed for the purposes of section 20 of the Local Government in Scotland Act [2003 (asp 1)](https://www.legislation.gov.uk/asp/2003/1).
> (1O) References in this section to a trading operation are, in relation to a local authority, references to a trading operation for which, in accordance with proper accounting practices (within the meaning of section 12 of the Local Government in Scotland Act [2003 (asp 1)](https://www.legislation.gov.uk/asp/2003/1)) the authority keep trading accounts.
> (1N) For the purposes of subsection (1M) above, “*well-being*” is to be construed in the same way as it is construed for the purposes of section 20 of the Local Government in Scotland Act 2003 (asp 1).
> (1O) References in this section to a trading operation are, in relation to a local authority, references to a trading operation for which, in accordance with proper accounting practices (within the meaning of section 12 of the Local Government in Scotland Act 2003 (asp 1)) the authority keep trading accounts.
> (1P) The reference in subsection (1) above to a relevant trading operation is a reference to a trading operation which is carried on for the purpose of enabling a local authority to raise money, by borrowing or otherwise.
;
- (c) in subsection (2)—
- (i) for the words “preceding subsection” there is substituted “subsection (1) above”;
- (i) for the words “preceding subsection” there is substituted “ subsection (1) above ”;
- (ii) paragraph (a) and the word “or” which immediately follows it are repealed;
- (iii) after “property” there is inserted “, goods or materials”; and
- (iv) after “except” there is inserted “(i)” and at the end there is inserted
- (iii) after “property” there is inserted “ , goods or materials ”; and
- (iv) after “except” there is inserted “ (i) ” and at the end there is inserted
> ;
> (ii) for the purpose of enabling the authority to supply the property, goods or materials or, as the case may be, provide the service to another authority;
@@ -234,13 +234,11 @@
- (ii) in their place there is inserted—
- “property” includes land, accommodation, vehicles, plant and apparatus;”; and
- (e) subsections (5) and (6) are repealed.
- (3) In section 2 (supplemental)—
- (a) in subsection (1) for “public body” there is substituted “person”; and
- (a) in subsection (1) for “public body” there is substituted “ person ”; and
- (b) subsections (4) and (5) are repealed.
@@ -284,7 +282,7 @@
revenue is not less than expenditure.
- (2) In subsection (1) above, the references to a local authority’s significant trading operations are references to those of its trading operations for which it must, in accordance with proper accounting practices, disclose trading accounts and, in this subsection, “proper accounting practices” is to be construed in accordance with section 12(2) below.
- (2) In subsection (1) above, the references to a local authority’s significant trading operations are references to those of its trading operations for which it must, in accordance with proper accounting practices, disclose trading accounts and, in this subsection, “*proper accounting practices*” is to be construed in accordance with section 12(2) below.
### Disposal of land for less than full value
@@ -294,7 +292,7 @@
- (1) In section 74 of the 1973 Act—
- (a) in subsection (2) (prohibition of disposal of land for less than best consideration reasonably obtainable except with consent) for the words “with the consent of the Secretary of State,” there is substituted “in accordance with regulations under subsection (2C) below,”;
- (a) in subsection (2) (prohibition of disposal of land for less than best consideration reasonably obtainable except with consent) for the words “with the consent of the Secretary of State,” there is substituted “ in accordance with regulations under subsection (2C) below, ”;
- (b) after subsection (2) there are inserted the following subsections—
@@ -316,7 +314,7 @@
.
- (2) In section 36(20) (power of the fire authorities and joint fire boards to sell land but only with ministerial consent) of the Fire Services Act [1947 (c. 41)](https://www.legislation.gov.uk/ukpga/1947/41) the words “with the consent of the Secretary of State” are repealed.
- (2) In section 36(20) (power of the fire authorities and joint fire boards to sell land but only with ministerial consent) of the Fire Services Act 1947 (c. 41) the words “with the consent of the Secretary of State” are repealed.
### Accounts, finance and performance accountability
@@ -358,7 +356,7 @@
- (c) for a summary of the authority’s expenditure under such works contracts as may be specified in the regulations to be included in that which is to be reported under subsection (1) above;
- (d) for the publication of the information which is to be provided under section 1 (power of Accounts Commission to direct publication of information about standards of performance) of the Local Government Act [1992 (c. 19)](https://www.legislation.gov.uk/ukpga/1992/19), to be included in that which is to be reported under subsection (1) above; and
- (d) for the publication of the information which is to be provided under section 1 (power of Accounts Commission to direct publication of information about standards of performance) of the Local Government Act 1992 (c. 19), to be included in that which is to be reported under subsection (1) above; and
- (e) for—
@@ -374,25 +372,25 @@
- (8) Before doing so, the Scottish Ministers shall consult such associations of local authorities and such other persons as they think fit.
- (9) In section 1 (Accounts Commission’s power to direct publication of information about the activities, in a financial year of local authorities etc.) of the Local Government Act [1992 (c. 19)](https://www.legislation.gov.uk/ukpga/1992/19)—
- (9) In section 1 (Accounts Commission’s power to direct publication of information about the activities, in a financial year of local authorities etc.) of the Local Government Act 1992 (c. 19)—
- (a) in subsection (1)—
- (i) after “year”, where first occurring, there is inserted “or such other period as is specified in the direction being a period beginning not less than 3 months after the giving of the direction”;
- (ii) after “effectiveness” there is inserted “and of securing best value in accordance with section 1 of the Local Government in Scotland Act [2003 (asp 1)](https://www.legislation.gov.uk/asp/2003/1)”;
- (iii) after “year”, where secondly occurring, there is inserted “or other period”;
- (iv) after “years”, there is inserted “or, as the case may be, other periods”;
- (b) in subsection (2), after “year”, in each place where that word occurs, there is inserted “or other period”.
- (i) after “year”, where first occurring, there is inserted “ or such other period as is specified in the direction being a period beginning not less than 3 months after the giving of the direction ”;
- (ii) after “effectiveness” there is inserted “ and of securing best value in accordance with section 1 of the Local Government in Scotland Act 2003 (asp 1) ”;
- (iii) after “year”, where secondly occurring, there is inserted “ or other period ”;
- (iv) after “years”, there is inserted “ or, as the case may be, other periods ”;
- (b) in subsection (2), after “year”, in each place where that word occurs, there is inserted “ or other period ”.
- (10) In section 2 (further provisions about directions) of that Act—
- (a) in subsection (1)(a), after “years” there is inserted “or other periods”; and
- (b) in subsection (4) there is inserted at the end “or, where another period has, under section 1(1) above, been specified in the direction, than such date as is there specified for the purposes of this subsection.”.
- (a) in subsection (1)(a), after “years” there is inserted “ or other periods ”; and
- (b) in subsection (4) there is inserted at the end “ or, where another period has, under section 1(1) above, been specified in the direction, than such date as is there specified for the purposes of this subsection. ”.
#### Application of this Part to other bodies
@@ -406,7 +404,7 @@
##### 15
- (1) It is the duty of a local authority to initiate and, having done so, to maintain and facilitate a process (in this Act, called “community planning”) by which the public services provided in the area of the local authority are provided and the planning of that provision takes place—
- (1) It is the duty of a local authority to initiate and, having done so, to maintain and facilitate a process (in this Act, called “*community planning*”) by which the public services provided in the area of the local authority are provided and the planning of that provision takes place—
- (a) after consultation—
@@ -428,9 +426,9 @@
- (4) In this section—
- “community bodies”, in relation to a local authority, are bodies or other groupings, whether or not formally constituted, established for purposes which consist of or include that of promoting or improving the interests of any communities (howsoever described) resident or otherwise present in the area of the local authority; and
- “other public bodies” means— public authorities or bodies; bodies which, not being public bodies, have functions of a public nature or engage in activities of that nature; persons or office-holders who have such functions or engage in such activities, but does not include any of the bodies referred to in section 16(1) below.
- “*community bodies*”, in relation to a local authority, are bodies or other groupings, whether or not formally constituted, established for purposes which consist of or include that of promoting or improving the interests of any communities (howsoever described) resident or otherwise present in the area of the local authority; and
- “*other public bodies*” means—public authorities or bodies;bodies which, not being public bodies, have functions of a public nature or engage in activities of that nature;persons or office-holders who have such functions or engage in such activities,but does not include any of the bodies referred to in section 16(1) below.
#### Community planning: further provision
@@ -442,9 +440,9 @@
- (b) a Health Board;
- (c) a joint police board for the purposes of the Police (Scotland) Act [1967 (c. 77)](https://www.legislation.gov.uk/ukpga/1967/77);
- (d) a joint board for the purposes of the Fire Services Act [1947 (c. 41)](https://www.legislation.gov.uk/ukpga/1947/41);
- (c) a joint police board for the purposes of the Police (Scotland) Act 1967 (c. 77);
- (d) a joint board for the purposes of the Fire Services Act 1947 (c. 41);
- (e) the chief constable of a police force;
@@ -460,7 +458,7 @@
- (3) The Scottish Ministers may, by order, modify subsection (1) above by adding a reference to any eligible body or deleting the reference to any body, person or office-holder.
- (4) In subsection (3) above, an “eligible body” is—
- (4) In subsection (3) above, an “*eligible body*” is—
- (a) a public authority or body;
@@ -510,7 +508,7 @@
- (8) A local authority shall, on being so required by the Scottish Ministers, provide them with reports or other information of such kind as they specify in the requirement, being reports or information about the matters referred to in subsection (1) above.
- (9) In section 1(1) (power of Accounts Commission to direct publication of information about local authorities' standards of performance) of the Local Government Act [1992 (c. 19)](https://www.legislation.gov.uk/ukpga/1992/19)—
- (9) In section 1(1) (power of Accounts Commission to direct publication of information about local authorities' standards of performance) of the Local Government Act 1992 (c. 19)—
- (a) after “opinion” there is inserted
@@ -523,7 +521,7 @@
- (c) at the end there is inserted—
> (b) facilitate the drawing of conclusions about the discharge of those bodies' functions under Part 2 (community planning) of the Local Government in Scotland Act [2003 (asp 1)](https://www.legislation.gov.uk/asp/2003/1).
> (b) facilitate the drawing of conclusions about the discharge of those bodies' functions under Part 2 (community planning) of the Local Government in Scotland Act 2003 (asp 1).
.
@@ -635,7 +633,7 @@
if the authority considers that doing so is likely to achieve the purpose set out in that subsection.
- (5) The Scottish Ministers may, by order, extend the meaning of “well-being” for the purposes of this section.
- (5) The Scottish Ministers may, by order, extend the meaning of “*well-being*” for the purposes of this section.
- (6) Such an order shall be made by statutory instrument but not unless a draft of it has been laid before and approved by resolution of the Scottish Parliament.
@@ -655,7 +653,7 @@
- (1) The power under section 20 above does not enable a local authority to do anything which it is, by virtue of a limiting provision, unable to do.
- (2) In subsection (1) above, a “limiting provision” is one which—
- (2) In subsection (1) above, a “*limiting provision*” is one which—
- (a) prohibits or prevents the local authority from doing anything or limits its powers in that respect; and
@@ -667,7 +665,7 @@
- (5) Subsection (4) above does not prevent the exercise of the power under section 20 in a way which duplicates anything of the kind mentioned in that subsection if the person there mentioned consents to that exercise of the power.
- (6) The power under section 20 above does not enable the doing of anything which may be done under the Local Authorities (Goods and Services) Act [1970 (c. 39)](https://www.legislation.gov.uk/ukpga/1970/39).
- (6) The power under section 20 above does not enable the doing of anything which may be done under the Local Authorities (Goods and Services) Act 1970 (c. 39).
- (7) The power under section 20 above does not enable a local authority to do anything for the purposes of enabling the authority to raise money by levying or imposing any form of tax or charge, by borrowing or otherwise.
@@ -699,7 +697,7 @@
- (13) A local authority shall not, without the prior consent of the Scottish Ministers, do anything under section 20 above outside the United Kingdom for the purpose of promoting or improving the economic development of its area.
- (14) Nothing in section 20 above affects section 92(5) of the Housing (Scotland) Act [2001 (asp 10)](https://www.legislation.gov.uk/asp/2001/10) (by which it is provided that certain assistance, including financial assistance, provided by a local authority for certain housing purposes requires the consent of the Scottish Ministers).
- (14) Nothing in section 20 above affects section 92(5) of the Housing (Scotland) Act 2001 (asp 10) (by which it is provided that certain assistance, including financial assistance, provided by a local authority for certain housing purposes requires the consent of the Scottish Ministers).
## Part 4 — Enforcement and scrutiny
@@ -765,13 +763,13 @@
##### 25
- (1) An inspector of constabulary appointed under section 33 of the Police (Scotland) Act [1967 (c. 77)](https://www.legislation.gov.uk/ukpga/1967/77) may inquire into and report to the Scottish Ministers on—
- (1) An inspector of constabulary appointed under section 33 of the Police (Scotland) Act 1967 (c. 77) may inquire into and report to the Scottish Ministers on—
- (a) whether a local authority is carrying out its functions as police authority so as to comply with its duties under section 1, 13, 15, or as the case may be, 17 above; and
- (b) whether a joint police board is carrying out its functions so as to comply with its duties under section 1, 13, 16 or, as the case may be, 17 above.
- (2) An Inspector (including the Chief or an Assistant Inspector) of Fire Services for Scotland appointed under section 24 of the Fire Services Act [1947 (c. 41)](https://www.legislation.gov.uk/ukpga/1947/41) may inquire into and report to the Scottish Ministers on—
- (2) An Inspector (including the Chief or an Assistant Inspector) of Fire Services for Scotland appointed under section 24 of the Fire Services Act 1947 (c. 41) may inquire into and report to the Scottish Ministers on—
- (a) whether the local authority is carrying out its functions as fire authority so as to comply with its duties under sections 1, 13, 15 or, as the case may be, 17 above; and
@@ -839,22 +837,22 @@
##### 28
- (1) In section 5 of the Local Government and Rating Act [1997 (c. 29)](https://www.legislation.gov.uk/ukpga/1997/29) (which provides that Schedule 2 to that Act (which gives rate relief for certain lands and heritages in rural settlements) is to have effect), the words “in rural settlements” are repealed.
- (2) In section 8(2) of that Act (procedure for orders under that Schedule), after “3(2)(c)(ii)” there is inserted “and 3A(9)”.
- (1) In section 5 of the Local Government and Rating Act 1997 (c. 29) (which provides that Schedule 2 to that Act (which gives rate relief for certain lands and heritages in rural settlements) is to have effect), the words “in rural settlements” are repealed.
- (2) In section 8(2) of that Act (procedure for orders under that Schedule), after “3(2)(c)(ii)” there is inserted “ and 3A(9) ”.
- (3) After paragraph 3 of that Schedule there is inserted—
> (3A)
> (1) For any period (“the relevant period”) in a financial year beginning on or after 1st April 2003 where sub-paragraph (2) applies to lands and heritages, the non-domestic rate leviable in respect of the lands and heritages is to be one half of the non-domestic rate which would have been leviable apart from this paragraph.
> (1) For any period (“*the relevant period*”) in a financial year beginning on or after 1st April 2003 where sub-paragraph (2) applies to lands and heritages, the non-domestic rate leviable in respect of the lands and heritages is to be one half of the non-domestic rate which would have been leviable apart from this paragraph.
> (2) This sub-paragraph applies where—
> (a) the rateable value of the lands and heritages shown in the valuation roll at the beginning of the financial year in which the relevant period falls is not more than any amount prescribed by the Scottish Ministers by order,
> (b) the lands and heritages consist wholly or mainly of land or a building which, on at least 183 days during the period of one year which ends immediately before this sub-paragraph comes into effect, was (or was, by virtue of any enactment, treated as being) agricultural lands and heritages for the purposes of section 7(3) (no agricultural lands and heritages to be entered in the valuation roll) of the Valuation and Rating (Scotland) Act [1956 (c. 60)](https://www.legislation.gov.uk/ukpga/1956/60), and
> (b) the lands and heritages consist wholly or mainly of land or a building which, on at least 183 days during the period of one year which ends immediately before this sub-paragraph comes into effect, was (or was, by virtue of any enactment, treated as being) agricultural lands and heritages for the purposes of section 7(3) (no agricultural lands and heritages to be entered in the valuation roll) of the Valuation and Rating (Scotland) Act 1956 (c. 60), and
> (c) during the relevant period, the land or building—
> (i) is not (and is not, by virtue of any enactment, treated as being) agricultural lands and heritages for those purposes, and
> (ii) is occupied by a relevant person.
> (3) For the purposes of sub-paragraph (2)(b)—
> (a) any part of the lands and heritages which was, on the days which are taken into account for the purposes of determining whether the condition set out in that sub-paragraph is met, a dwelling (within the meaning of Part II (council tax) of the Local Government Finance Act [1992 (c. 14)](https://www.legislation.gov.uk/ukpga/1992/14)) is to be disregarded for the purposes of determining whether that condition is met, and
> (a) any part of the lands and heritages which was, on the days which are taken into account for the purposes of determining whether the condition set out in that sub-paragraph is met, a dwelling (within the meaning of Part II (council tax) of the Local Government Finance Act 1992 (c. 14)) is to be disregarded for the purposes of determining whether that condition is met, and
> (b) a building which has replaced a building which was, on those days, an agricultural building (within the meaning of section 7(2) of that Act of 1956) is to be treated as if it were the original building.
> (4) For the purposes of sub-paragraph (2)(c), land or a building is occupied by a relevant person if it is occupied by—
> (a) the person who occupied the land or building on the days which are taken into account for the purposes of determining whether the condition set out in sub-paragraph (2)(b) is met, or
@@ -883,9 +881,9 @@
- (4) In paragraph 4 (discretionary rate relief) of that Schedule—
- (a) in sub-paragraph (1), for the words “the condition mentioned in sub-paragraph (2) applies to the lands and heritages” there is substituted “any of the conditions mentioned in sub-paragraphs (2) to (2B) applies”;
- (b) in sub-paragraph (2), for the words “The condition” there is substituted “The first of those conditions”;
- (a) in sub-paragraph (1), for the words “the condition mentioned in sub-paragraph (2) applies to the lands and heritages” there is substituted “ any of the conditions mentioned in sub-paragraphs (2) to (2B) applies ”;
- (b) in sub-paragraph (2), for the words “The condition” there is substituted “ The first of those conditions ”;
- (c) after that sub-paragraph there is inserted—
@@ -899,7 +897,7 @@
- (d) after sub-paragraph (3) there is inserted—
> (4) The amendments to this paragraph made by section 28 of the Local Government in Scotland Act [2003 (asp 1)](https://www.legislation.gov.uk/asp/2003/1) (which allow discretionary relief to be given to certain former agricultural premises and certain buildings used for breeding or rearing horses) are to have effect only as respects financial years beginning on or after 1st April 2003.
> (4) The amendments to this paragraph made by section 28 of the Local Government in Scotland Act 2003 (asp 1) (which allow discretionary relief to be given to certain former agricultural premises and certain buildings used for breeding or rearing horses) are to have effect only as respects financial years beginning on or after 1st April 2003.
.
@@ -909,7 +907,7 @@
In paragraph 3 (mandatory rate relief for general stores etc. in rural settlements) of that Schedule—
- (a) in sub-paragraph (2)(c)(i), after the word “store” there is inserted “, qualifying food store”;
- (a) in sub-paragraph (2)(c)(i), after the word “store” there is inserted “ , qualifying food store ”;
- (b) after sub-paragraph (3) there is inserted—
@@ -917,7 +915,7 @@
> (3B) In subsection (3A) above, the supply of food in the course of catering includes—
> (a) any supply of food for consumption on the premises on which it is supplied; and
> (b) any supply of hot food for consumption off those premises;
> and for the purposes of paragraph (b) above “hot food” means food which, or any part of which—
> and for the purposes of paragraph (b) above “*hot food*” means food which, or any part of which—
> (i) has been heated for the purposes of enabling it to be consumed at a temperature above the ambient air temperature; and
> (ii) is at the time of supply above that temperature.
@@ -925,7 +923,7 @@
- (c) after sub-paragraph (5) there is inserted—
> (6) The amendments to this paragraph made by section 29 of the Local Government in Scotland Act [2003 (asp 1)](https://www.legislation.gov.uk/asp/2003/1) (which extend mandatory relief to certain food stores) are to have effect only as respects financial years beginning on or after 1st April 2003.
> (6) The amendments to this paragraph made by section 29 of the Local Government in Scotland Act 2003 (asp 1) (which extend mandatory relief to certain food stores) are to have effect only as respects financial years beginning on or after 1st April 2003.
.
@@ -933,14 +931,14 @@
##### 30
After section 8B of the Valuation and Rating (Scotland) Act [1956 (c. 60)](https://www.legislation.gov.uk/ukpga/1956/60) there is inserted—
After section 8B of the Valuation and Rating (Scotland) Act 1956 (c. 60) there is inserted—
> (8C)
> (1) There shall not, subject to subsection (2) of this section, be entered in the valuation roll for any year beginning on or after 1st April 2003 any lands or heritages which—
> (a) are within a settlement identified in a rating authority’s rural settlement list (compiled and maintained under paragraph 1 of Schedule 2 to the Local Government and Rating Act [1997 (c. 29)](https://www.legislation.gov.uk/ukpga/1997/29)) having effect in the year; and
> (a) are within a settlement identified in a rating authority’s rural settlement list (compiled and maintained under paragraph 1 of Schedule 2 to the Local Government and Rating Act 1997 (c. 29)) having effect in the year; and
> (b) consist of a building, or any part of a building, which is used only for purposes connected with the use of an automatic telling machine situated therein.
> (2) Subsection (1) of this section does not apply in relation to a building, or any part of a building, occupied by the bank or building society to which the automatic telling machine situated therein relates if that bank or building society otherwise provides services in that building or that part of that building.
> (3) For the purposes of this section, an “automatic telling machine” is a machine which provides automatic telling and other services on behalf of a bank or building society.
> (3) For the purposes of this section, an “*automatic telling machine*” is a machine which provides automatic telling and other services on behalf of a bank or building society.
.
@@ -948,7 +946,7 @@
##### 31
In section 14 (which provides that certain buildings used in connection with agricultural operations are not to be entered on the valuation roll) of the Local Government (Financial Provisions) (Scotland) Act [1963 (c. 12)](https://www.legislation.gov.uk/ukpga/1963/12)—
In section 14 (which provides that certain buildings used in connection with agricultural operations are not to be entered on the valuation roll) of the Local Government (Financial Provisions) (Scotland) Act 1963 (c. 12)—
- (a) in subsection (1)(a), the words “being agricultural land occupied by that person,” are repealed;
@@ -956,13 +954,13 @@
- (i) the word “for” is repealed; and
- (ii) for the words from “occupied”, where it first occurs, to “land”, where it second occurs, there is substituted “is to be treated as a reference to such land only so far as it is”;
- (ii) for the words from “occupied”, where it first occurs, to “land”, where it second occurs, there is substituted “ is to be treated as a reference to such land only so far as it is ”;
- (c) in subsection (3), the words “not more than twenty” are repealed; and
- (d) after subsection (4) there is inserted—
> (5) The amendments to subsections (1)(a) and (2)(b) (which removed, in relation to persons but not in relation to associations, the requirement that the building must be used in connection with agricultural operations on land occupied by the occupier of the building) and (3) above (which removed the upper limit of members of an association) made by section 31 of the Local Government in Scotland Act [2003 (asp 1)](https://www.legislation.gov.uk/asp/2003/1) are to have effect only as respects the year 2003-04 and subsequent years.
> (5) The amendments to subsections (1)(a) and (2)(b) (which removed, in relation to persons but not in relation to associations, the requirement that the building must be used in connection with agricultural operations on land occupied by the occupier of the building) and (3) above (which removed the upper limit of members of an association) made by section 31 of the Local Government in Scotland Act 2003 (asp 1) are to have effect only as respects the year 2003-04 and subsequent years.
.
@@ -970,7 +968,7 @@
##### 32
- (1) In section 6A (power of Scottish Ministers to combine and divide lands and heritages) of the Valuation and Rating (Scotland) Act [1956 (c. 60)](https://www.legislation.gov.uk/ukpga/1956/60)—
- (1) In section 6A (power of Scottish Ministers to combine and divide lands and heritages) of the Valuation and Rating (Scotland) Act 1956 (c. 60)—
- (a) in subsection (1)(a), after the word “entry” there is inserted—
@@ -988,11 +986,11 @@
.
- (2) In section 27 (valuation areas and appointment of assessors etc.) of the Local Government etc. (Scotland) Act [1994 (c. 39)](https://www.legislation.gov.uk/ukpga/1994/39)—
- (2) In section 27 (valuation areas and appointment of assessors etc.) of the Local Government etc. (Scotland) Act 1994 (c. 39)—
- (a) after subsection (6) there is inserted—
> (6A) The Scottish Ministers may, if lands and heritages specified in an order made under section 6A(1)(aa) of the Valuation and Rating (Scotland) Act [1956 (c. 60)](https://www.legislation.gov.uk/ukpga/1956/60) (power of Scottish Ministers to combine lands and heritages) are situated in more than one valuation area, provide, by order, that an assessor appointed by a valuation authority is to—
> (6A) The Scottish Ministers may, if lands and heritages specified in an order made under section 6A(1)(aa) of the Valuation and Rating (Scotland) Act 1956 (c. 60) (power of Scottish Ministers to combine lands and heritages) are situated in more than one valuation area, provide, by order, that an assessor appointed by a valuation authority is to—
> (a) value those lands and heritages; and
> (b) if the order under that section of that Act so requires, apportion their rateable value in the manner set out in the order.
> (6B) An order under subsection (6A) above may include such incidental, consequential and supplemental provision as the Scottish Ministers consider necessary or expedient for bringing the order into operation and for giving full effect thereto.
@@ -1003,7 +1001,7 @@
; and
- (b) for the words “this section”, where they appear in subsections (8), (9) and (10), there is substituted “subsection (7) above”.
- (b) for the words “this section”, where they appear in subsections (8), (9) and (10), there is substituted “ subsection (7) above ”.
#### Council tax: discount for unoccupied dwellings
@@ -1011,7 +1009,7 @@
- (1) The Scottish Ministers may, by regulations—
- (a) repeal paragraph (a) (daily discount from council tax of twice the “appropriate percentage” for chargeable dwellings of which there is no resident) of subsection (2) of section 79 of the Local Government Finance Act [1992 (c. 14)](https://www.legislation.gov.uk/ukpga/1992/14); and
- (a) repeal paragraph (a) (daily discount from council tax of twice the “appropriate percentage” for chargeable dwellings of which there is no resident) of subsection (2) of section 79 of the Local Government Finance Act 1992 (c. 14); and
- (b) provide (whether by amendment of that section or otherwise) that the amount of council tax payable in respect of a chargeable dwelling and any day is to be subject to a discount if, on that day, there is no resident of the dwelling and for the calculation of the amount of that discount.
@@ -1035,7 +1033,7 @@
- (4) A power conferred under subsection (2)(b)(ii) above may not permit local authorities to modify regulations under this section so as to set the amount of the discount, for their respective areas, at an amount outwith any maximum or minimum amount as may be specified in the regulations.
- (5) Expressions used in this section and in section 79 of the Local Government Finance Act [1992 (c. 14)](https://www.legislation.gov.uk/ukpga/1992/14) have in this section the same meaning as they have in that one.
- (5) Expressions used in this section and in section 79 of the Local Government Finance Act 1992 (c. 14) have in this section the same meaning as they have in that one.
- (6) Regulations under this section shall be made by statutory instrument but no such regulations shall be made unless a draft of them has been approved by a resolution of the Scottish Parliament.
@@ -1047,17 +1045,17 @@
##### 34
- (1) After section 44 of the Environmental Protection Act [1990 (c. 43)](https://www.legislation.gov.uk/ukpga/1990/43) there is inserted—
- (1) After section 44 of the Environmental Protection Act 1990 (c. 43) there is inserted—
> (44ZA)
> (1) It shall be the duty of a local authority to—
> (a) prepare an integrated waste management plan; and
> (b) submit it to the Scottish Ministers for approval.
> (2) An integrated waste management plan is a plan which—
> (a) sets out, by reference to policies contained in the National Waste Strategy, how the local authority intends to carry out its functions as waste disposal authority and waste collection authority (its “waste management functions”); and
> (a) sets out, by reference to policies contained in the National Waste Strategy, how the local authority intends to carry out its functions as waste disposal authority and waste collection authority (its “*waste management functions*”); and
> (b) without prejudice to the generality of paragraph (a) above, contains statements on such matters relating to the carrying out of those functions as the Scottish Ministers may specify in directions.
> (3) Directions under subsection (2)(b) above may, in particular, require integrated waste management plans to include statements setting out—
> (a) levels of performance (“performance targets”) which the local authority shall, in performing its waste management functions, endeavour to meet;
> (a) levels of performance (“*performance targets*”) which the local authority shall, in performing its waste management functions, endeavour to meet;
> (b) steps which the local authority proposes to take in endeavouring to meet performance targets;
> (c) arrangements which the local authority proposes to enter into with one or more other local authorities for the purpose of securing co-operation, in the carrying out of their respective waste management functions, between the local authorities.
> (4) Integrated waste management plans shall—
@@ -1066,9 +1064,9 @@
> as the Scottish Ministers may direct.
> (5) A local authority shall, in preparing its integrated waste management plan, have regard to such matters as the Scottish Ministers may direct.
> (6) In this section, and in sections 44ZB to 44ZD below—
> - “local authority” means a council constituted under section 2 of the Local Government etc. (Scotland) Act [1994 (c. 39)](https://www.legislation.gov.uk/ukpga/1994/39);
> - “National Waste Strategy” means the strategy prepared by SEPA under section 44B below, as modified from time to time; and
> - “SEPA” means the Scottish Environment Protection Agency.
> - “*local authority*” means a council constituted under section 2 of the Local Government etc. (Scotland) Act 1994 (c. 39);
> - “*National Waste Strategy*” means the strategy prepared by SEPA under section 44B below, as modified from time to time; and
> - “*SEPA*” means the Scottish Environment Protection Agency.
> (44ZB)
> (1) The Scottish Ministers shall—
> (a) approve an integrated waste management plan submitted to them under section 44ZA(1)(b) above without modification;
@@ -1106,7 +1104,7 @@
.
- (2) Section 49 (waste recycling plans) of that Act of 1990 is repealed.
- (2) Section 49(waste recycling plans) of that Act of 1990 is repealed.
## Part 7 — Finance
@@ -1178,7 +1176,7 @@
- (1) In sections 35 to 38 above, references to capital expenditure are, in relation to a local authority, references to that expenditure of the authority which, in accordance with proper accounting practices, falls to be capitalised.
- (2) In subsection (1) above, “proper accounting practices” is to be construed in accordance with section 12 above.
- (2) In subsection (1) above, “*proper accounting practices*” is to be construed in accordance with section 12 above.
- (3) Sections 35 to 38 above apply to the bodies to which Part VII (finance) of the 1973 Act applies by virtue of section 106(1)(b) of that Act (application of Part VII of that Act to trustees of charities etc. where those trustees are local authorities or members of local authorities) as they apply to local authorities.
@@ -1234,9 +1232,9 @@
.
- (2) In section 93 of the Local Government Finance Act [1992 (c. 14)](https://www.legislation.gov.uk/ukpga/1992/14)—
- (a) in subsection (4) (calculation of the part of a local authority’s expenses falling to be met out of council tax) there is inserted at the end “but not of any amounts in such fund (other than the local authority’s general fund) as is established by the authority under regulations made for the purposes of this subsection.”; and
- (2) In section 93 of the Local Government Finance Act 1992 (c. 14)—
- (a) in subsection (4) (calculation of the part of a local authority’s expenses falling to be met out of council tax) there is inserted at the end “ but not of any amounts in such fund (other than the local authority’s general fund) as is established by the authority under regulations made for the purposes of this subsection. ”; and
- (b) after that subsection there is inserted—
@@ -1250,7 +1248,7 @@
##### 42
- (1) In paragraph 4 (matters that are not donations) of Schedule 7 to the Political Parties, Elections and Referendums Act [2000 (c. 41)](https://www.legislation.gov.uk/ukpga/2000/41)—
- (1) In paragraph 4 (matters that are not donations) of Schedule 7 to the Political Parties, Elections and Referendums Act 2000 (c. 41)—
- (a) after sub-paragraph (1)(a) there is inserted—
@@ -1264,10 +1262,12 @@
- (b) after sub-paragraph (3) there is inserted—
> (4) In sub-paragraph (1)(aa)—
> - “employee” and “employer” have the same meaning as in the Employment Rights Act [1996 (c. 18)](https://www.legislation.gov.uk/ukpga/1996/18);
> - “local authority” means a local authority in any part of the United Kingdom, including the Common Council of the City of London but excluding a parish or community council;
> - “working hours” of an employee has the same meaning as in section 50 of the Employment Rights Act 1996; and
> - “qualifying business”, in relation to a body, means— the doing of anything for the discharge of the functions of the body or of any of its committees or sub-committees, and where the body is a local authority operating executive arrangements within the meaning of Part 2 of the Local Government Act [2000 (c. 22)](https://www.legislation.gov.uk/ukpga/2000/22) and arrangements exist for functions of any other body to be discharged by the authority’s executive or any committee or member of the executive, the doing of any other thing for the purpose of the discharge of the functions.
> “*employee*” and “*employer*” have the same meaning as in the Employment Rights Act 1996 (c. 18);
> “*local authority*” means a local authority in any part of the United Kingdom, including the Common Council of the City of London but excluding a parish or community council;
> “*working hours*” of an employee has the same meaning as in section 50 of the Employment Rights Act 1996; and
> “*qualifying business*”, in relation to a body, means—
> (a) the doing of anything for the discharge of the functions of the body or of any of its committees or sub-committees, and
> (b) where the body is a local authority operating executive arrangements within the meaning of Part 2 of the Local Government Act 2000 (c. 22) and arrangements exist for functions of any other body to be discharged by the authority’s executive or any committee or member of the executive, the doing of any other thing for the purpose of the discharge of the functions.
.
@@ -1295,13 +1295,13 @@
##### 44
- (1) In section 93(7) of the Transport Act [1985 (c. 67)](https://www.legislation.gov.uk/ukpga/1985/67) (persons eligible for travel concessions), for paragraph (a) there is substituted—
- (1) In section 93(7) of the Transport Act 1985 (c. 67) (persons eligible for travel concessions), for paragraph (a) there is substituted—
> (a) persons who have attained the age of 60 years;
.
- (2) In section 68 of the Transport (Scotland) Act [2001 (asp 2)](https://www.legislation.gov.uk/asp/2001/2) (travel concession schemes), in subsection (7), for paragraph (a) of the definition of “eligible person” there is substituted—
- (2) In section 68 of the Transport (Scotland) Act 2001 (asp 2) (travel concession schemes), in subsection (7), for paragraph (a) of the definition of “eligible person” there is substituted—
> (a) has attained the age of 60 years;
@@ -1313,7 +1313,7 @@
- (b) in the case of a man, the pensionable age of a woman born on the same day,
- “pensionable age” having the meaning given by the rules in paragraph 1 of Schedule 4 to the Pensions Act [1995 (c. 26)](https://www.legislation.gov.uk/ukpga/1995/26).
- “*pensionable age*” having the meaning given by the rules in paragraph 1 of Schedule 4 to the Pensions Act 1995 (c. 26).
- (4) An order under subsection (3) above shall be made by statutory instrument which shall be subject to annulment in pursuance of a resolution of the Scottish Parliament.
@@ -1321,7 +1321,7 @@
##### 45
- (1) In subsection (2) (duty to allow certain pupils to use vacant places) of section 51 of the Education (Scotland) Act [1980 (c. 44)](https://www.legislation.gov.uk/ukpga/1980/44), the words “without charge” are repealed.
- (1) In subsection (2) (duty to allow certain pupils to use vacant places) of section 51 of the Education (Scotland) Act 1980 (c. 44), the words “without charge” are repealed.
- (2) After that subsection, there is inserted—
@@ -1345,7 +1345,7 @@
- (2) This subsection applies to offences under—
- (a) section 16 of the Road Traffic Regulation Act [1984 (c. 27)](https://www.legislation.gov.uk/ukpga/1984/27) which consist of contraventions of restrictions on the speed of vehicles imposed under section 14 (temporary restrictions) of that Act;
- (a) section 16 of the Road Traffic Regulation Act 1984 (c. 27) which consist of contraventions of restrictions on the speed of vehicles imposed under section 14 (temporary restrictions) of that Act;
- (b) subsection (4) of section 17 (traffic regulation on special roads) of that Act which consist of contraventions of restrictions on the speed of vehicles imposed in regulations made under subsection (2) of that section;
@@ -1353,7 +1353,7 @@
- (d) section 89(1) (speeding offences generally) of that Act;
- (e) section 36(1) (compliance with traffic signs) of the Road Traffic Act [1988 (c. 52)](https://www.legislation.gov.uk/ukpga/1988/52) which consist of failure to comply with an indication given by a light signal that vehicular traffic is not to proceed.
- (e) section 36(1) (compliance with traffic signs) of the Road Traffic Act 1988 (c. 52) which consist of failure to comply with an indication given by a light signal that vehicular traffic is not to proceed.
- (3) Payments under this section shall be made to—
@@ -1371,9 +1371,9 @@
- (2) In this section—
- “eligible persons” are such persons as are or persons of such class as is prescribed by regulations; and
- “private water supply” means a supply of water (including an abstraction of water from a source situated on the premises in which it is used or consumed) other than a supply provided by Scottish Water in pursuance of its core functions (within the meaning of section 70(2) of the Water Industry (Scotland) Act [2002 (asp 3)](https://www.legislation.gov.uk/asp/2002/3)).
- “*eligible persons*” are such persons as are or persons of such class as is prescribed by regulations; and
- “*private water supply*” means a supply of water (including an abstraction of water from a source situated on the premises in which it is used or consumed) other than a supply provided by Scottish Water in pursuance of its core functions (within the meaning of section 70(2) of the Water Industry (Scotland) Act 2002 (asp 3)).
- (3) The Scottish Ministers may, by regulations—
@@ -1405,23 +1405,23 @@
##### 48
In paragraph 7 of Part II of Schedule 5 to the Local Government etc. (Scotland) Act [1994 (c. 39)](https://www.legislation.gov.uk/ukpga/1994/39) (which paragraph enables certain orders made in relation to the Strathclyde Passenger Transport Authority to provide for the delegation of functions of the Authority to a committee or to its chairman), for “or to the chairman” there is inserted “, to the chairman or to an officer or member of staff”.
In paragraph 7 of Part II of Schedule 5 to the Local Government etc. (Scotland) Act 1994 (c. 39) (which paragraph enables certain orders made in relation to the Strathclyde Passenger Transport Authority to provide for the delegation of functions of the Authority to a committee or to its chairman), for “or to the chairman” there is inserted “ , to the chairman or to an officer or member of staff ”.
#### Parliamentary procedure for regulations about vehicles used as taxis and private hire cars
##### 49
In section 20 (regulations about, among other things, taxis and private hire cars) of the Civic Government (Scotland) Act [1982 (c. 45)](https://www.legislation.gov.uk/ukpga/1982/45)—
In section 20 (regulations about, among other things, taxis and private hire cars) of the Civic Government (Scotland) Act 1982 (c. 45)—
- (a) in subsection (2), the words “made by statutory instrument” are repealed; and
- (b) in subsection (3), for “subsection (1) above” there is substituted “subsection (1) or (2) above”.
- (b) in subsection (3), for “subsection (1) above” there is substituted “ subsection (1) or (2) above ”.
#### Suspension of requirement to advertise principal teacher posts
##### 50
- (1) The requirement imposed on an education authority by section 87A of the Education (Scotland) Act [1980 (c. 44)](https://www.legislation.gov.uk/ukpga/1980/44) to advertise a vacant post of principal teacher is, for the period specified in subsection (2) below, suspended.
- (1) The requirement imposed on an education authority by section 87A of the Education (Scotland) Act 1980 (c. 44) to advertise a vacant post of principal teacher is, for the period specified in subsection (2) below, suspended.
- (2) That period is the period of one year (or such longer period as the Scottish Ministers may by order substitute for that period) beginning with the coming into force of this section.
@@ -1459,7 +1459,7 @@
- (2) After that subsection there is inserted—
> (7A) In subsection (7) above, “EEA State” means any State which is a Contracting Party to the Agreement on the European Economic Area signed at Oporto on 2nd May 1992, as adjusted by the Protocol signed at Brussels on 17th March 1993.
> (7A) In subsection (7) above, “*EEA State*” means any State which is a Contracting Party to the Agreement on the European Economic Area signed at Oporto on 2nd May 1992, as adjusted by the Protocol signed at Brussels on 17th March 1993.
.
@@ -1473,7 +1473,7 @@
- (1) In section 97B(1) (power of Accounts Commission to require the furnishing of information and documents) of the 1973 Act—
- (a) after “require”, where first occurring, there is inserted “(a)”; and
- (a) after “require”, where first occurring, there is inserted “ (a) ”; and
- (b) after “body”, where secondly occurring, there is inserted
@@ -1486,21 +1486,21 @@
- (a) in subsection (1B)—
- (i) after “Act” there is inserted “and any person who, by arrangement or agreement with the authority or body, is discharging any function of the authority or body”; and
- (ii) at the end there is inserted “or, where that person is a body corporate, to require that person to appoint a representative to attend before the auditor for that purpose.”;
- (b) in subsection (2), at the end, there is inserted “and 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.”.
- (i) after “Act” there is inserted “ and any person who, by arrangement or agreement with the authority or body, is discharging any function of the authority or body ”; and
- (ii) at the end there is inserted “ or, where that person is a body corporate, to require that person to appoint a representative to attend before the auditor for that purpose. ”;
- (b) in subsection (2), at the end, there is inserted “ and 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. ”.
#### Auditor’s duty in relation to aspects of best value and community planning
##### 55
- (1) Section 99 (duties of auditors) of the 1973 Act is renumbered as subsection (1) of that section and, in that subsection, in paragraph (c), for the words from “economy” onward there is substituted “best value and is complying with its duties under sections 15 to 17 (community planning) of the Local Government in Scotland Act [2003 (asp 1)](https://www.legislation.gov.uk/asp/2003/1).”.
- (1) Section 99 (duties of auditors) of the 1973 Act is renumbered as subsection (1) of that section and, in that subsection, in paragraph (c), for the words from “economy” onward there is substituted “ best value and is complying with its duties under sections 15 to 17 (community planning) of the Local Government in Scotland Act 2003 (asp 1). ”.
- (2) After that subsection there is inserted—
> (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)](https://www.legislation.gov.uk/asp/2003/1) and the arrangements for securing it which are to be made under that section.
> (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.
.
@@ -1513,7 +1513,7 @@
> (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) and Part 2 (community planning) of the Local Government in Scotland Act [2003 (asp 1)](https://www.legislation.gov.uk/asp/2003/1).
> (c) the performance by a local authority of their duties under Part 1 (best value and accountability) and Part 2 (community planning) of the Local Government in Scotland Act 2003 (asp 1).
> (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.
@@ -1572,7 +1572,7 @@
- (2) The duty imposed by subsection (1) above on a local authority is, in relation to its functions under section 1 above, additional to that set out in subsection (1) of that section.
- (3) In subsection (1) above, “equal opportunities” and “equal opportunity requirements” have the same meanings as in Section L2 of Part II of Schedule 5 to the Scotland Act [1998 (c. 46)](https://www.legislation.gov.uk/ukpga/1998/46).
- (3) In subsection (1) above, “*equal opportunities*” and “*equal opportunity requirements*” have the same meanings as in Section L2 of Part II of Schedule 5 to the Scotland Act 1998 (c. 46).
#### Repeals and consequential amendments
@@ -1584,31 +1584,31 @@
- (b) section 94 (capital expenses of local authorities) of that Act;
- (c) section 122A (duty of local authorities to use resources efficiently) of that Act;
- (d) sections 171A, 171B and 171C (promotion by local authorities of economic development of its area) of that Act;
- (e) Part III (direct labour organisations) of the Local Government, Planning and Land Act [1980 (c. 65)](https://www.legislation.gov.uk/ukpga/1980/65);
- (f) Part I (competition in certain local authority activities) and sections 32 (direct labour organisations) and 33 (local authority companies) of and Schedule 6 to the Local Government Act [1988 (c. 9)](https://www.legislation.gov.uk/ukpga/1988/9);
- (g) section 31 (National Code of Local Government Conduct) of the Local Government and Housing Act [1989 (c. 42)](https://www.legislation.gov.uk/ukpga/1989/42);
- (h) sections 1A (permitted methods of publishing information about performance) and 8 to 11 (competition and competitive tendering) of and Schedule 1 to the Local Government Act [1992 (c. 19)](https://www.legislation.gov.uk/ukpga/1992/19);
- (i) in section 188 (acquisition of land by planning authority by agreement) of the Town and Country Planning (Scotland) Act [1997 (c. 8)](https://www.legislation.gov.uk/ukpga/1997/8), subsection (3);
- (c) section 122A(duty of local authorities to use resources efficiently) of that Act;
- (d) sections 171A, 171B and 171C(promotion by local authorities of economic development of its area) of that Act;
- (e) Part III (direct labour organisations) of the Local Government, Planning and Land Act 1980 (c. 65);
- (f) Part I (competition in certain local authority activities) and sections 32 (direct labour organisations) and 33 (local authority companies) of and Schedule 6 to the Local Government Act 1988 (c. 9);
- (g) section 31 (National Code of Local Government Conduct) of the Local Government and Housing Act 1989 (c. 42);
- (h) sections 1A (permitted methods of publishing information about performance) and 8 to 11 (competition and competitive tendering) of and Schedule 1 to the Local Government Act 1992 (c. 19);
- (i) in section 188 (acquisition of land by planning authority by agreement) of the Town and Country Planning (Scotland) Act 1997 (c. 8), subsection (3);
- (j) in section 189 (compulsory acquisition of land by local authority) of that Act, subsection (8).
- (2) In section 9A(4)(b) of the Transport Act [1968 (c. 73)](https://www.legislation.gov.uk/ukpga/1968/73) (application of sections 89 to 92 of the Transport Act 1985 to Passenger Transport Executives), for the words “sections 89 to” there is substituted “section”.
- (3) The Transport Act [1985 (c. 67)](https://www.legislation.gov.uk/ukpga/1985/67) is amended as follows—
- (a) in section 63(5)(b) (limitations on agreements for service subsidies), for the words “sections 89 to” there is substituted “section”;
- (b) in section 88(1) (limitations on agreements for service subsidies), for the words “sections 89 to” there is substituted “section”; and
- (c) sections 89 to 91 (obligation on local authorities to invite tenders for subsidised transport services) are repealed.
- (2) In section 9A(4)(b) of the Transport Act 1968 (c. 73) (application of sections 89 to 92 of the Transport Act 1985 to Passenger Transport Executives), for the words “sections 89 to” there is substituted “ section ”.
- (3) The Transport Act 1985 (c. 67) is amended as follows—
- (a) in section 63(5)(b) (limitations on agreements for service subsidies), for the words “sections 89 to” there is substituted “ section ”;
- (b) in section 88(1) (limitations on agreements for service subsidies), for the words “sections 89 to” there is substituted “ section ”; and
- (c) sections 89 to 91(obligation on local authorities to invite tenders for subsidised transport services) are repealed.
#### Definitions
@@ -1616,23 +1616,23 @@
In this Act—
- (a) “joint fire board” means a joint fire board constituted by an administration scheme under section 36 of the Fire Services Act [1947 (c. 41)](https://www.legislation.gov.uk/ukpga/1947/41) or section 147 of the 1973 Act;
- (b) “joint police board” means a joint police board constituted by an amalgamation scheme made or approved under the Police (Scotland) Act [1967 (c. 77)](https://www.legislation.gov.uk/ukpga/1967/77);
- (c) “local authority” means—
- (i) in Part 1, a council constituted under section 2 of the Local Government etc. (Scotland) Act [1994 (c. 39)](https://www.legislation.gov.uk/ukpga/1994/39) and the Strathclyde Passenger Transport Authority;
- (ii) in Parts 2, 5 and 8 (other than sections 51 and 52 above) and section 25 above, a council constituted under section 2 of the Local Government etc. (Scotland) Act [1994 (c. 39)](https://www.legislation.gov.uk/ukpga/1994/39);
- (iii) in Part 3 and sections 51 and 52 above, a council constituted under section 2 of the Local Government etc. (Scotland) Act [1994 (c. 39)](https://www.legislation.gov.uk/ukpga/1994/39), a joint fire board and a joint police board;
- (iv) in Parts 4 (other than section 25 above) and 7, a council constituted under section 2 of the Local Government etc. (Scotland) Act [1994 (c. 39)](https://www.legislation.gov.uk/ukpga/1994/39), a joint fire board, a joint police board and the Strathclyde Passenger Transport Authority;
- (a) “*joint fire board*” means a joint fire board constituted by an administration scheme under section 36 of the Fire Services Act 1947 (c. 41) or section 147 of the 1973 Act;
- (b) “*joint police board*” means a joint police board constituted by an amalgamation scheme made or approved under the Police (Scotland) Act 1967 (c. 77);
- (c) “*local authority*” means—
- (i) in Part 1, a council constituted under section 2 of the Local Government etc. (Scotland) Act 1994 (c. 39) and the Strathclyde Passenger Transport Authority;
- (ii) in Parts 2, 5 and 8 (other than sections 51 and 52 above) and section 25 above, a council constituted under section 2 of the Local Government etc. (Scotland) Act 1994 (c. 39);
- (iii) in Part 3 and sections 51 and 52 above, a council constituted under section 2 of the Local Government etc. (Scotland) Act 1994 (c. 39), a joint fire board and a joint police board;
- (iv) in Parts 4 (other than section 25 above) and 7, a council constituted under section 2 of the Local Government etc. (Scotland) Act 1994 (c. 39), a joint fire board, a joint police board and the Strathclyde Passenger Transport Authority;
- (v) in each of those provisions of this Part which refer to provisions of other Parts, the same meaning as it has in those respective provisions of those other Parts;
- (d) the “1973 Act” means the Local Government (Scotland) Act [1973 (c. 65)](https://www.legislation.gov.uk/ukpga/1973/65).
- (d) the “*1973 Act*” means the Local Government (Scotland) Act 1973 (c. 65).
#### Short title and commencement
@@ -1715,89 +1715,3 @@
[^c21062011]: [S. 60](https://www.legislation.gov.uk/asp/2003/1/section/60) wholly in force at 1.4.2004; [s. 60](https://www.legislation.gov.uk/asp/2003/1/section/60) not in force at Royal Assent see [s. 62(2)](https://www.legislation.gov.uk/asp/2003/1/section/62/2); [s. 60(1)(a)(c)-(f)](https://www.legislation.gov.uk/asp/2003/1/section/60/1/a/c)(h)-(j)(2)(3) in force at 1.4.2003 by [S.S.I. 2003/134](https://www.legislation.gov.uk/ssi/2003/134), [art. 2(1)](https://www.legislation.gov.uk/ssi/2003/134/article/2/1), [Sch.](https://www.legislation.gov.uk/ssi/2003/134/schedule) and s. 60(1)(g) in force at 1.5.2003 by art. 2(2) of that S.S.I.; [s. 60(1)(b)](https://www.legislation.gov.uk/asp/2003/1/section/60/1/b) in force at 1.4.2004 by [S.S.I. 2004/28](https://www.legislation.gov.uk/ssi/2004/28), [art. 2(2)](https://www.legislation.gov.uk/ssi/2004/28/article/2/2)
[^c21061881]: [S. 62(2)](https://www.legislation.gov.uk/asp/2003/1/section/62/2) power partly exercised; days appointed for specified provisions and purposes as follows: 1.4.2003 by {[S.S.I. 2003/134](https://www.legislation.gov.uk/ssi/2003/134)}, art. 2; 1.4.2004 by {[S.S.I. 2004/28](https://www.legislation.gov.uk/ssi/2004/28)}, art. 2; 20.3.2006 and 3.7.2006 by {[S.S.I. 2006/89](https://www.legislation.gov.uk/ssi/2006/89)}, art. 2; 8.8.2009 by {[S.S.I. 2009/275](https://www.legislation.gov.uk/ssi/2009/275)}, art. 2; 20.4.2010 and 1.6.2010 by {[S.S.I. 2010/119](https://www.legislation.gov.uk/ssi/2010/119)}, arts. 2, 3
#### Relaxation of restrictions on supply of goods and services etc. by local authorities
#### Special provision for local authority contracts for construction of buildings or works
#### Proper accounting practices
#### Community planning
#### Guidance
#### Power to advance well-being
#### Enforcement: preliminary notice
#### Rate relief on former agricultural premises etc.
#### Rate relief for food stores in rural settlements
#### Derating of automatic telling machine sites
#### Power to combine lands and heritages situated in more than one valuation area
#### Council tax: discount for unoccupied dwellings
#### Integrated waste management plans
#### Capital expenditure limits
#### Paid time off for councillors not to be political donation
#### Travel concessions
#### Power to charge for vacant places on school buses etc.
#### Parliamentary procedure for regulations about vehicles used as taxis and private hire cars
#### Accounts Commission’s and auditor’s powers to obtain information from persons other than local authorities etc.
#### Auditor’s duty in relation to aspects of best value and community planning
#### Extension of Controller of Audit’s reporting functions to best value and community planning: amendment of section 102 of 1973 Act
#### Power to modify enactments
#### Definitions
#### Power to advance well-being
#### Rate relief on former agricultural premises etc.
#### Rate relief for food stores in rural settlements
#### Derating of automatic telling machine sites
#### Power to combine lands and heritages situated in more than one valuation area
#### Capital expenditure limits
#### Power to charge for vacant places on school buses etc.
#### Accounts Commission’s and auditor’s powers to obtain information from persons other than local authorities etc.
#### Power to modify enactments
#### Definitions
#### Capital expenditure limits
#### Accounts Commission’s and auditor’s powers to obtain information from persons other than local authorities etc.
#### Power to modify enactments
#### Definitions
#### Short title and commencement
#### Rate relief for food stores in rural settlements
#### Paid time off for councillors not to be political donation
#### Auditor’s duty in relation to aspects of best value and community planning
#### Definitions
#### Short title and commencement
2003-02-11
Local Government in Scotland Act 2003
original version
Text at this date