Legalize / United Kingdom / Public General Act

Local Government (Scotland) Act 1973

Type Public General Act

Publication 1973-10-25

Last updated 2025-06-19

State In force

Department Statute Law Database

Source legislation.gov.uk

articles Not indexed

Reform history JSON API

Part I — Local Government Areas, Authorities and Elections

New areas and councils

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

1

Functions to include promotion of economic development.

2

Chairman

3

Election of Councillors

Term of office and retirement of councillors

4

Electoral divisions and wards

5

Returning officers

6–10

Conduct of local government elections

7

(1) Elections of councillors for local government areas shall be conducted in accordance with rules made by the Secretary of State, and accordingly references in the Act of 1949 and in the Representation of the People Act 1969 to local elections rules shall, as respects Scotland, be construed as references to rules made under this section.

(2) Rules made under this section shall apply the parliamentary elections rules in Schedule 2 to the Act of 1949 subject to such adaptations, alterations and exceptions as seem appropriate to the Secretary of State.

(3) Without prejudice to the generality of subsection (2) above, rules made under this section shall prescribe that the nomination paper of a candidate for election as a councillor for a local government area shall contain a statement declaring that the candidate—

(a) consents to be nominated as a candidate ;

(b) if elected, will accept office as a councillor and will faithfully perform the duties of the office ;

(c) has attained the age of 21 years and is a British subject or citizen of the Republic of Ireland and not subject to any legal incapacity; and

(d) is not subject to any of the disqualifications for office set out in section 31 of this Act.

(4) The statement mentioned in subsection (3) above shall also contain particulars of the candidate's qualification for office under paragraphs (a) to (d) of section 29(1) of this Act, in such form as may be prescribed by rules made under this section.

(5) All expenditure properly incurred by a returning officer in relation to the holding of an election of a councillor to a local authority shall be paid by the council of that authority, but only (in cases where there is a scale fixed for the purposes of this section by that council) in so far as it does not exceed that scale.

(6) Before a poll is taken at an election for a local government area, the council for that area shall, at the request of the returning officer or of any person acting as returning officer, advance to him such reasonable sum in respect of his expenses at the election as he may require.

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

Day of ordinary election

8

In every year in which ordinary elections of councillors for local government areas are held, the day of election shall be the first Tuesday in May.

Election where poll abandoned or countermanded on death of candidate

9

(1) If at an election of a councillor for a local authority the poll is, in accordance with the provisions of section 13 of the Representation of the People Act 1969, abandoned or countermanded by reason of the death of a candidate, the returning officer for the election which, by reason of such abandonment or countermanding, has not been duly held or has failed, shall order an election to be held as soon as practicable thereafter on a date to be fixed by him, and he shall remain the returning officer for that election.

(2) At any such election, no fresh nomination shall be necessary in the case of a candidate who remained validly nominated for the election in respect of which the poll was abandoned or countermanded.

Provision in case of non-election of local authority, etc.

10

(1) If for any reason a local authority or members of a local authority are not elected in accordance with the provisions of this Act or of Part I of the Act of 1949 and the case is not otherwise provided for, or if there is for any reason no legally constituted local authority for any area or the number of members of a local authority then in office is less than the quorum ascertained in accordance with the provisions of Schedule 7 to this Act, the Secretary of State may direct the holding of an election for filling such vacancies as exist, and the election shall be held as soon as practicable thereafter on a date to be fixed by the Secretary of State.

(2) The Secretary of State may, in the said direction, make such provision as seems to him expedient for authorising any person to act in place of a local authority pending the election of members of the authority by an election under subsection (1) above, and any direction under this section may contain such incidental, consequential, transitional or supplementary provisions as may appear to the Secretary of State to be necessary or proper.

Establishment of new local authorities and supplementary provisions

11

Part II — Changes in Local Government Areas

Proposals by Local Government Boundary Commission for Scotland

Local Government Boundary Commission for Scotland

12

(1) There shall be a commission 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.

(2) The provisions of Schedule 4 to this Act shall have effect with respect to Boundaries Scotland.

Proposals for changes in local government areas

13

Boundaries Scotland may, in consequence of a review conducted by it under this Part of this Act, make proposals to the Secretary of State for effecting changes appearing to Boundaries Scotland 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 new 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.

Duty and power to review local government areas

14

(1) Subject to sections 15 and 16 of this Act, it shall be the duty of Boundaries Scotland, not less than eight nor more than twelve years after 1st April 1996 and thereafter at intervals of not less than eight nor more than twelve years from the submission of the last report of Boundaries Scotland 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 Boundaries Scotland shall formulate any such proposals accordingly.

(2) Without prejudice to subsection (1) above, Boundaries Scotland 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 Boundaries Scotland shall formulate any such proposals accordingly.

(3) If Boundaries Scotland receive a request from a local authority or from any person that it should conduct a review under subsection (2) above with respect to any local government area in which the authority or person appears to Boundaries Scotland to have an interest, Boundaries Scotland shall consider the request.

(4) In 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 Boundaries Scotland 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 Boundaries Scotland, 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 Boundaries Scotland shall formulate any such proposals accordingly.

Powers of Secretary of State in relation to reviews

15

(1) The Secretary of State may by direction given to Boundaries Scotland 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 Boundaries Scotland 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 Boundaries Scotland shall formulate any such proposals accordingly.

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

(4) The Secretary of State may give directions to Boundaries Scotland for its 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 Boundaries Scotland with respect to the order in which areas are to be reviewed by it under sections 14 and 15(2) of this Act.

Substantive changes in electoral arrangements

16

(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.

(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

(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).

(3) Without prejudice to subsection (2) above, Boundaries Scotland 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 Boundaries Scotland shall formulate any such proposals accordingly.

Commission's reports and their implementation

17

(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.

Conduct of Reviews

Procedure for reviews

18

(1) Where Boundaries Scotland propose to conduct a review under the foregoing provisions of this Part of this Act, it must take such steps as it thinks 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, Boundaries Scotland 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 it to be concerned;

(ii) any bodies representative of staff employed by local authorities who have asked Boundaries Scotland to consult them; and

(iii) such other persons as it thinks fit;

(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 it by such a council during the period of two months beginning on the day on which the council is informed under paragraph (aa);

(b) take such steps as it thinks 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 it within that period.

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

(a) Boundaries Scotland,

(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.

(3) Where Boundaries Scotland make a report under this Part of this Act it must —

(a) take such steps as it thinks 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) in 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 regulations giving effect to any proposals contained in the report, or after a notification by Boundaries Scotland that it has no proposals to put forward... .

(4) Subject to the foregoing provisions of this section, the procedure of Boundaries Scotland in conducting any review under this Part of this Act shall be such as it may determine.

Local inquiries

19

(1) Boundaries Scotland may cause a local inquiry to be held with respect to any review carried out by it 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 Boundaries Scotland.

Supplementary Provisions

Initial review of areas and electoral arrangements

20

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

Delegation of functions of Commission

21

(1) Boundaries Scotland may appoint one or more members of Boundaries Scotland —

(a) to hold any local inquiry or to carry out any consultation or investigation which Boundaries Scotland are required or authorised to hold or carry out under this Act; and

(b) to report to Boundaries Scotland accordingly.

(2) At the request of Boundaries Scotland 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 the Treasury.

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

22

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.

Change of name of region, islands area or district

23

(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.

(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 Local 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.

(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.

Consequential and transitional arrangements relating to Part II

24

(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 regulations 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) Regulations under this Part of this Act may include the like provision in relation to the regulations 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 regulations 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 regulations;

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

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

(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 regulations;

(f) the register of electors to be used at any election of . . . councillors for any electoral ward affected by the regulations .

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

Transitional agreements as to property and finance

25

(1) Subject to any regulations made under section 24 of this Act and to the provisions of any regulations made under this Part of this Act, any public bodies affected by the alteration, abolition or constitution of any area by regulations 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

(3) In 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.

Variation and revocation of orders under Part II

26

(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).

(2) When the Secretary of State proposes to make any such varying or revoking regulations he shall prepare a draft of the regulations, 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 regulations 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 draft regulations under this section.

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

Consultation with Boundary Commission on schemes for community councils

27

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 Boundaries Scotland on any matter relating to the boundaries of the area of a community council.

Supplementary

28

(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 wards into which that area is for the time being divided for the purpose of the election of the councillors , the number of councillors for each electoral ward, and the designation of any electoral ward;

“local government area” means the area of a local authority;

“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, or section 4(1) of the Local Governance (Scotland) Act 2004 (asp 9) the Secretary of State and Boundaries Scotland 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 section 1 of the Local Governance (Scotland) Act 2004 (asp 9).

(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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

Qualifications and disqualifications

Qualifications for nomination, election and holding office as member of local authority

29

(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 18 years, is a qualifying Commonwealth citizen or a citizen of the Irish Republic or a qualifying foreign national or a schedule 6A national 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.

(1A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(2) In subsection (1) above,

“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.

(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).

(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 or a schedule 6A national, 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).

(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.

Re-election

30

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

Disqualifications for nomination, election and holding office as member of local authority

31

(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) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(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

(ba) he is subject to a bankruptcy restrictions order;

(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 Representation of the People Act 1983.

(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 convener or depute convener of the board) or other place of profit in the gift or disposal of the board.

(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

(b) he is discharged under or by virtue of the Bankruptcy (Scotland) Act 2016 .

(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.

(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.

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

(a) a bankruptcy restrictions order made under section 155 of the Bankruptcy (Scotland) Act 2016 ;

(b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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

(4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Proceedings for disqualification

32

(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 authority may 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;

(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.

Validity of acts done by unqualified persons

33

The acts and proceedings of any person elected to an office under the Local Government etc. (Scotland) Act 1994 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.

Resignation and Vacation of Office

Resignation

34

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.

Vacation of office by failure to attend meetings

35

(1) Subject to subsections (2) to (4) 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.

(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.

Casual vacancies

36

For the purpose of filling a casual vacancy in any office for which an election is held under the Local Government etc. (Scotland) Act 1994, 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 or 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). 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 day on which the poll was held at 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.

Filling of casual vacancies

37

(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 day on which the poll is to be held at the election to fill the vacancy shall be fixed by the returning officer.

(2) Where a casual vacancy in any such office occurs within six months before the relevant 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.

(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.

(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.

Restrictions on voting

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

38

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

Pecuniary interests for purposes of section 38

39

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

General notices and recording of disclosures for purposes of section 38

40

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

Removal or exclusion of disability, etc.

41

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

Interpretation of sections 39 and 41

42

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

Meetings and proceedings

Meetings and proceedings of local authorities

43

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

Admission of public and press to local authority meetings

44

Allowances to members of local authorities and other bodies

Attendance allowance and financial loss allowance

45

Travelling allowance and subsistence allowance

46

(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 or subsistence for the purpose of an approved duty within the United Kingdom, such rates as may be specified by the Secretary of State.

(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Allowances for attending conferences and meetings

47

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

(a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b) any body 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 the body attending any such conference or meeting such allowances 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.

(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) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3A) In relation to any body which is a joint board, joint authority or other combined body all the members of which are representatives of local authorities this section applies to a conference or meeting held inside 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) 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.

(4) In 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.

(5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Payment of expenses of official and courtesy visits, etc.

48

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

(a) defray any travelling or other expenses receipted and 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 any allowances and reimbursement of expenditure by virtue of regulations made under section 11 of the Local Governance (Scotland) Act 2004 if the making of the visit had been an approved duty of that member.

Provisions supplementary to sections 45 to 48

49

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

(a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(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

(f) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(1A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(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.

(3) For 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 or under any scheme made by virtue of section 18 of the Local Government and Housing Act 1989.

Regulations as to allowances

50

(1) The Secretary of State may make regulations as to the manner in which sections 45 to 48 and 49A 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 49 or 49A of this Act or this section shall be subject to annulment in pursuance of a resolution of either House of Parliament.

Part IV — Community Councils

Establishment and general purpose of community councils

51

(1) Every 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.

(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Schemes

52

(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.

Amendment of schemes

53

(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.

(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.

(4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Default powers of the Secretary of State under Part IV

54

Assistance to community councils

55

. . . councils for local government areas 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

Discharge of functions

Arrangements for discharge of functions by local authorities

56

(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.

(2) Where by virtue of this section any function of a local authority may 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.

(3) Where by virtue of this section any functions of a local authority may 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.

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

(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;

(d) borrowing money,

(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),

shall be discharged only by the authority.

(6A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(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.

(7) A local authority shall not make arrangements under this section for the discharge of any of their functions under the Animal Health Act 1981 by any other local authority.

(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.

(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—

(a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(d) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(e) section 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.

(11) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(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) Nothing in this section affects the operation of the Local Authorities (Goods and Services) Act 1970.

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

Appointment of committees

57

(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

(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, but 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.

(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.

Expenses of joint committees

58

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.

Disqualification for membership of committees and joint committees

59

(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.

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

60

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

Membership of bodies to cease on ceasing to be member of authority

61

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.

Standing orders, etc.

62

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.

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

63

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

Staff

Appointment, etc. of staff

64

(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) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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

(d) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(e) section 3 of the Social Work (Scotland) Act 1968 (chief social work officers);

(f) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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

(6) Nothing 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.

(7) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Placing of staff of local authorities at disposal of other local authorities

65

(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.

Security to be taken in relation to officers

66

(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.

Members of local authorities not to be appointed as officers

67

(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.

Disclosure by officers of interest in contracts

68

(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 level 4 on the standard scale.

(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

Subsidiary powers

Subsidiary powers of local authorities

69

(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) Without 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.

(4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Land transactions

Acquisition of land by agreement

70

(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) For 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.

Acquisition of land compulsorily

71

(1) Subject to subsection (2) below, for the purposes of any of their functions under this or any other enactment, a local authority may 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) The 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.

Title to land

72

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

Appropriation of land

73

(1) Subject 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) A local authority may ... exercise their power of appropriation under subsection (1) above with respect to any land specified in subsection (3) below subject to sections 117 and 118 of the Community Empowerment (Scotland) Act 2015.

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

Disposal of land

74

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

(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;

Reading this document does not replace reading the official text published on legislation.gov.uk. Contains public sector information licensed under the Open Government Licence v3.0. We assume no responsibility for any inaccuracies arising from the conversion of the original CLML XML to this format.

This text is published under legislation.gov.uk's own terms of reuse, not a Legalize or public-domain licence. legislation.gov.uk
Open Government Licence v3.0 (attribution required)
© Crown and database right. Derived from content available under the Open Government Licence v3.0 from legislation.gov.uk.