Local Government (Scotland) Act 1973

In section 118, for the words from “burgh surveyor” to “sanitary inspector” there shall be substituted the words “proper officer of the islands or district council”, and for the words “surveyor, medical officer or inspectors”, in both places where they occur, there shall be substituted the words “proper officer”.

17

In section 119, for the words “sanitary inspector” there shall be substituted the words “proper officer of the islands or district council”.

18

In section 120, for the words “inspector of cleansing or sanitary inspector” there shall be substituted the words “proper officer of the islands or district council”, and for the words “burgh general assessment” there shall be substituted the words “general or district rate”.

19

In section 121, for the words “inspector of cleansing or sanitary inspector” there shall be substituted the words “proper officer of the islands or district council”, and for the words “the inspector”, where they second occur, there shall be substituted the words “such officer”.

20

In section 123, for the words from “the chief” to “sanitary inspector”, where they first occur, there shall be substituted the words “their proper officer”, and for the words from “inspector of cleansing”, where they second occur, to “authorised by” there shall be substituted the words “proper officer of”.

21

In section 126, for the words “sanitary inspector” there shall be substituted the words “proper officer of the islands or district council”, and for the word “magistrate” there shall be substituted the words “such council”.

22

In section 128, the words from “of the Roads” to “1891, and” shall cease to have effect, and for the words “town council” in both places where they occur, there shall be substituted the words “local highway authority”.

23

In section 133, for the word “council”, in each place where it occurs, there shall be substituted the words “local highway authority”.

24

In section 134, for the word “council”, in each place where it occurs, there shall be substituted the words “local highway authority”.

25

In section 138, for the word “council”, in both places where it occurs, there shall be substituted the words “local highway authority”.

26

In section 145, for the words “burgh general assessment” there shall be substituted the words “general or district rate”.

27

In section 150, the words “the Dean of Guild Court or” shall cease to have effect.

28

In section 151, for the word “treasurer” there shall be substituted the words “local highway authority”.

29

In section 154, the following amendments shall be made—

• (a) for the word “commissioners”, where it first occurs, there shall be substituted the words “local highway authority”,

• (b) for the words “and they may also” there shall be substituted the words “and the islands or district council may”,

• (c) for the word “commissioners”, where it occurs second and third, there shall be substituted the words “islands or district council”, and

• (d) for the word “commissioners”, where it last occurs, there shall be substituted the words “local highway authority and the islands and district council”.

30

In section 168, for the word “council” there shall be substituted the words “islands or district council”.

31

In section 186, for the word “commissioners”, in both places where it occurs, there shall be substituted the words “the local highway authority, or, where appropriate, the islands or district council”.

32

Section 201 shall cease to have effect.

33

Section 207 shall cease to have effect.

34

In section 210, the words “of the clerk” shall cease to have effect.

35

Section 223 shall cease to have effect.

36

In section 248, for the words “burgh surveyor” there shall be substituted the words “proper officer of the islands or district council”.

37

In section 250, the words “any of” and “or any one of them” shall cease to have effect.

38

Section 257 shall cease to have effect.

39

40

Sections 296 and 297 shall cease to have effect.

41

in section 305, for the words “commissioners or magistrates” there shall be substituted the words “islands or district council”.

42

In section 306, after the words “two thirds”, in both places where they occur, there shall be inserted the words “of the members”.

43

In section 307, for the word “commissioners”, where it first and second occurs, there shall be substituted the words “islands or district council”, and for the words “the commissioners”, where they last occur, there shall be substituted the words “any authority”.

44

Section 310 shall cease to have effect.

45

In section 312, for the word “officers” there shall be substituted the words “proper officer”.

46

In section 316, for the word “commissioners”, where it first occurs, there shall be substituted the words “islands or district council”, and in head A, in subsection (8) for the word “burgh” where it second occurs, there shall be substituted the word “district” and for the words from “magistrates” to “burgh”, where it last occurs, there shall be substituted the words “council of that district”.

47

In section 325, after the word “their”, in both places where it occurs, there shall be inserted the word “proper”.

48

In section 330, for the words “burgh general assessment” there shall be substituted the words “general or district rate”.

49

In section 339, the words “the clerk to” shall cease to have effect, and for the word “him” there shall be substituted the word “them”.

50

In section 341, the words from “and the commissioners” to “within the burgh” shall cease to have effect.

51

In section 365, for the words “town council” there shall be substituted the words “regional, islands or district council, as the case may be”.

52

In section 367, for the words “collector in any burgh” there shall be substituted the words “proper officer of a regional, islands or district council”.

53

In section 369, after the words “any two” there shall be inserted the words “of the members”.

54

In section 372, for the words “the general expenses of the town council.” there shall be substituted the words “their general expenses”.

55

In section 381, in subsection (10), for the words “commissioners or other lawful authority” there shall be substituted the words “appropriate authority”, and in subsections (29) and (49), for the word “commissioners” there shall be substituted the words “to appropriate authority”.

56

In section 385, for the word “magistrates” there shall be substituted the words “local highway authority”, and for paragraph (4) there shall be substituted the words “and the islands or district council may from time to time make byelaws and issue notices and orders prohibiting or regulating public processions.”.

57

Section 411 shall cease to have effect.

58

Section 428 shall cease to have effect.

59

Section 432 shall cease to have effect.

60

In Schedule V, in paragraph (2)(d), after the words “one of” there shall be inserted the words “the members of”.

Part II — The Burgh Police (Scotland) Act 1903

61

In sections 5 to 20, for the words “town council”, in each place where they occur, there shall be substituted the words “local highway authority”.

62

In section 6, the words “of the town clerk or other public office” shall cease to have effect, and after the words “town council,”, where they first occur, there shall be inserted the words “or their proper officer,”.

63

In section 8, for the words “town clerk” there shall be substituted the words “proper officer of the local highway authority”, for the words “such official as”, there shall be substituted the words “the proper officer of”, and the words “may from time to time appoint” shall cease to have effect.

64

In section 9,

• (a) the words from “to the dean” to “such court”,

• (b) the words from “or dean” to “may be”, and

• (c) the words from “and any deliverance” onwards, shall cease to have effect.

65

In section 11, for the words “dean of guild court” there shall be substituted the words “islands or district council, or, in the Highland, Borders or Dumfries and Galloway region, the regional council”.

66

Section 13 shall cease to have effect.

67

In section 16, the words “dean of guild court or” shall cease to have effect.

68

In section 21, for the words “town council” there shall be substituted the words “islands or district council, or, in the Highland, Borders or Dumfries and Galloway region, the regional council”.

69

In section 23, for the words “town council” there shall be substituted the words “islands or district council”.

70

In section 30, for the words “town council” there shall be substituted the words “planning authority within the meaning of section 172 of the Local Government (Scotland) Act 1973”.

71

In section 31, for the words “burgh surveyor” in each place where they occur, there shall be substituted the words “proper officer of the islands or district council, or, in the Highland, Borders, or Dumfries and Galloway region, the regional council”, and the words from “and may further” onwards shall cease to have effect.

72

In section 35, for the words “burgh surveyor”, in both places where they occur, there shall be substituted the words “proper officer of the regional or islands council”, and for the words from “the dean”, where they first occur, to “of the matter” there shall be substituted the words “regional or islands council who shall be bound to dispose of the matter”.

73

Section 37 shall cease to have effect.

74

Section 39 shall cease to have effect.

75

In section 41, the following amendments shall be made—

• (a) for the words “town council”, in each place where they occur, there shall be substituted the words “local highway authority”,

• (b) in subsection (1), in paragraph (a), the words from “or the dean” to “may be”, in paragraph (b), the words “the dean of guild court” and in paragraph (c), the words from “or the dean” to “may be” shall cease to have effect,

• (c) in subsection (2), the words “the dean of guild court” shall cease to have effect,

• (d) in subsection (3), the words “dean of guild court, as the case may be” shall cease to have effect, and

• (e) in subsection (4), the words from “or where” to “it out” shall cease to have effect.

76

Section 43 shall cease to have effect.

77

In section 44, for the words “town council” there shall be substituted the words “islands or district council”.

78

Sections 56 and 57 shall cease to have effect.

79

In section 58, for the words “town council” in both places where they occur, there shall be substituted the words “regional, islands or district council, as the case may be”.

80

In section 59, the following amendments shall be made—

• (a) for the word “burgh”, in each place where it occurs, there shall be substituted the word “district”.

• (b) for the word “town” where first occurring, there shall be substituted the word “district”,

• (c) for the words from “county council”, where they first occur, to “county or” there shall be substituted the words “council of the”,

• (d) for the word “magistrates” there shall be substituted the word “district council”, and

• (e) for the words “county council or town council” where they second occur, there shall be substituted the words “other district council concerned”.

81

In section 61, the following amendments shall be made—

• (a) in subsections (2) and (4), for the words “town council” there shall be substituted the words “local highway authority”.

• (b) in subsection (6), for the words “council of a burgh” there shall be substituted the words “local highway authority” and for the words “such burgh” there shall be substituted the words “the area of such authority”.

82

In sections 64, 67, 68, 79, 80 and 82, for the words “town council” in each place where they occur, there shall be substituted the words “islands or district council”.

83

In the said section 79, in subsection (2), after the words “constable or” there shall be inserted the word “proper”.

84

In section 81, for the word “magistrates” there shall be substituted the words “islands or district council:”.

85

In section 93 the following amendments shall be made—

• (a) for the words “town council”, where they first occur, there shall be substituted the words “local highway authority”,

• (b) there shall be inserted after paragraph (11) the following unnumbered paragraph—

The islands or district council may, from time to time, make byelaws and repeal, alter or amend any byelaws so made, for the protection of trees, shrubbery or ornamental or pleasure grounds in or adjacent to streets.

.

• (c) paragraph (12) shall cease to have effect, and

• (d) for the words “the town council”, where they last occur, there shall be substituted the words “a competent authority”.

86

Section 97 shall cease to have effect.

87

In section 98, the following amendments shall be made—

• (a) in subsection (2), for the words “town council” where they first occur, there shall be substituted the words “appropriate regional, islands or district council exercising functions in any such burgh”, and for the words “a town council” there shall be substituted the words “any such appropriate council”.

• (b) in subsection (3), for the words “town council” there shall be substituted the words “appropriate council”, and the proviso shall cease to have effect,

• (c) in subsection (4), for the words “a town council” there shall be substituted the words “an appropriate council”, and the words “ “Hollow squares”” shall cease to have effect, and

• (d) subsection (8) shall cease to have effect.

88

Section 99 shall cease to have effect.

89

Section 101 shall cease to have effect.

90

In section 103, the following amendments shall be made—

• (a) in paragraph (5), for the words from “or local” to “commissioners” there shall be substituted the words “Act or local enactment by the local highway authority”, and for the words “town council”, where they second and third occur, there shall be substituted the words “said authority”,

• (b) in paragraph (9), for the words “dean of guild court or town council” there shall be substituted the words “local highway authority”.

• (c) in paragraph (12),

• (i) the word “Guild” shall cease to have effect,

• (ii) in sub-paragraph (l), for the words “town council” there shall be substituted the words “regional, islands or district council, as the case may be”, and the words “dean of guild court” shall cease to have effect,

• (iii) in sub-paragraph (m), for the words from “dean”, where it first occurs, to “burgh surveyor” there shall be substituted the words “local highway authority or their proper officer”.

91

In section 104(2), the following amendments shall be made—

• (a) in paragraph (g), for the words “town council” there shall be substituted the words “local highway authority”, and

• (b) for the words from “town council”, where they second occur, to “guild court)” there shall be substituted the words “regional, islands or district council, as the case may be”, and

• (c) for the words “town council”, where they last occur, there shall be substituted the words “any such council”.

Part III — The Burgh Ploice (Scotland) Amendment Act 1911

92

In section 1,

• (a) in subsection (4), the words from “and, where” onwards shall cease to have effect,

• (b) in subsection (5),

• (i) for the word “county”, where it first and second occurs, there shall be substituted the words “islands area or district”,

• (ii) for the words “county council” there shall be substituted the word “sheriff”.

• (c) in subsection (6), the words “or under section seventy six of the Licensing (Scotland) Act 1903” shall cease to have effect.

93

In section 2,

• (a) for the words from “magistrates” to “of a county” there shall be substituted the words “members of the council of an islands area or district council”,

• (b) for the words “burgh or the county” there shall be substituted the words “area of the said council”.

94

In section 3, for the words “a town council” there shall be substituted the words “an islands or district council”.

Schedule 29

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

3A

Proposals by Boundaries Scotland

Proposals for changes in local government areas.

Filling of casual vacancies.

31A

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

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

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

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

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

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

Acceptance of Office

33A

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

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

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

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

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

• (3) The declaration shall be made before either—

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

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

• (c) the sheriff; or

• (d) a justice of the peace.

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

45A

49A

Part IIIA — Access to Meetings and Documents of Local Authorities, Committees and Sub-Committees

50A

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

50B

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

50C

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

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

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

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

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

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

50D

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

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

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

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

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

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

• (4) Nothing in this section—

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

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

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

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

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

but do not include any published works.

50E

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

• (a) a committee or sub-committee of a local authority, and

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

• (c) a relevant body, or a committee or sub-committee of such a body,

as they apply in relation to a local authority.

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

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

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

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

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

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

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

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

50F

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

• (a) the authority or of a committee or sub-committee of the authority; or

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

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

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

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

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

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

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

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

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

50G

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

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

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

• (2) A local authority shall maintain a list—

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

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

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

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

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

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

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

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

50H

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

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

• (b) in any other case, without payment.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

50J

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

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

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

50K

• (1) In this Part—

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

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

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

• “newspaper” includes—a news agency which systematically carries on the business of selling and supplying reports or information to newspapers; andany organisation which is systematically engaged in collecting news—for sound or television broadcasts; orfor programmes to be included in a cable programme service which is or does not require to be licensed.

• “relevant body” means–a joint board; orthe Strathclyde Passenger Transport Authority.

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

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

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

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

Establishment and general purpose of community councils.

62A

• (1) Where—

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

• (b) the relevant authorities have—

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

62B

• (1) Where the Secretary of State considers—

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

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

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

• (ii) have ceased to be in operation,

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

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

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

62C

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

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

• (b) for the dissolution of the joint board.

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

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

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

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

• (a) apply with or without modifications;

• (b) extend, exclude or amend; or

• (c) repeal or revoke with or without savings,

any enactment or any instrument made under any enactment.

63A

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

Security to be taken in relation to officers.

74A

90A

97A

• (1) The Commission shall undertake or promote comparative and other studies designed to enable it to make recommendations for

• (a) the securing by local authorities of best value;

• (b) improving economy, efficiency and effectiveness in the provision of services by local authorities or by other bodies whose accounts are required to be audited in accordance with this Part of this Act, and

• (c) improving the financial or other management of such authorities or other bodies.

• (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.

• (2) The Commission shall publish or otherwise make available its recommendations and the results of any studies undertaken or promoted under this section . . .

• (3) Before undertaking or promoting any study under this section the Commission shall consult such associations of local authorities or other bodies whose accounts are required to be audited in accordance with this Part of this Act as appear to it to be concerned and such associations of employees as appear to it to be appropriate . . .

97B

• (1) Without prejudice to any other provision of this Part of this Act, the Commission may require

• (a) any body whose accounts are required to be audited in accordance with this Part of this Act, and any officer or member of any such body ;

• (b) any person who, by arrangement or agreement with any such body, is discharging any function of the body,

to furnish the Commission or any person authorised by it with all such information as the Commission or that person may reasonably require for the discharge of the functions under this Part of this Act of the Commission or of that person, including the carrying out of any study under section 97A of this Act.

• (2) Any person who without reasonable excuse fails to comply with a requirement imposed by subsection (1) above shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding level 3 on the standard scale.

101A

The Commission or an auditor may refer to the Secretary of State any matter arising from an audit or study under this Part of this Act if it appears that it may be relevant for the purposes of any of the functions of the Secretary of State relating to social security.

103A

The Commission may publish a special report made to it under section 102(3) of this Act, and may do so in whatever way and send it to whomever it thinks fit.

103B

• (1) On receiving a special report under section 102(3) of this Act from the Controller of Audit, the Commission may—

• (a) direct the Controller to carry out further investigations;

• (b) hold a hearing;

• (c) state a case on any question of law arising on the special report for the opinion of the Court of Session;

• (d) subject to subsections (2) and (3) below, do none of the above.

• (2) The Commission shall hold a hearing if requested to so in writing by—

• (a) the local authority which was sent a copy of the report under section 102(3A) of this Act;

• (b) any person, named or referred to in the report—

• (i) as being to blame in connection with an item of account being contrary to law;

• (ii) whose failure, negligence or misconduct is a subject of the report; or

• (iii) who was sent a copy of the report under section 102(3A) of this Act.

• (3) The Commission shall state a case under subsection (1)(c) above if directed to do so by the Court of Session.

103C

• (1) Subject to subsections (2) to (12) below, the procedure at a hearing held under section 103B(1)(b) of this Act shall be such as the Commission determines.

• (2) The Commission may, at any one hearing, consider—

• (a) allegations of blame, in connection with an item of account being contrary to law, against; and

• (b) failures, negligence or misconduct by,

more than one officer or member of a local authority.

• (3) A hearing shall be conducted by not fewer than three members of the Commission selected by the chairman of the Commission.

• (4) Notwithstanding paragraph 4(1) of Schedule 8 to this Act, for the purposes of this section, the quorum for a meeting of the Commission shall be three.

• (5) The following—

• (a) an officer or member—

• (i) as to whom the question of blame in connection with an item of account being contrary to law is; or

• (ii) whose alleged failure, negligence or misconduct is being considered by a hearing, is; and

• (b) the local authority are,

entitled to be heard at the hearing.

• (6) An officer or member entitled to be heard at a hearing shall be entitled to be heard either in person or represented by counsel or a solicitor or any other person.

• (7) The members of the Commission conducting a hearing may—

• (a) require any person, including officers or members or former officers or members of any local authority, to attend the hearing, give evidence and produce documents;

• (b) administer oaths.

• (8) A person shall not, however, be compelled to give any evidence or produce any documents which that person could not be compelled to give or produce in civil proceedings in the Court of Session.

• (9) A person who, without reasonable excuse, fails to comply with a requirement imposed under subsection (7)(a) above is guilty of an offence and liable on summary conviction to a fine not exceeding level 3 on the standard scale.

• (10) The Commission may pay persons appearing at a hearing or attending it for the purpose of giving evidence or producing documents such expenses or allowances as it thinks fit.

• (11) A hearing shall be held in public unless the members of the Commission conducting it determine that it is in the public interest that it, or such part of it as they specify for the purposes of this subsection, be not so held.

• (12) In this section, “documents” includes information held by means of a computer or in any other electronic form.

103D

The members of the Commission conducting a hearing under section 103B(1)(b) of this Act shall state their findings in writing and give a copy to—

• (a) any officer or member of the local authority who is or was blamed in connection with an item of account being contrary to law or whose failure, negligence or misconduct, or alleged failure, negligence or misconduct, was a subject of the hearing;

• (b) the local authority;

• (c) any other person the Commission considers should, under this paragraph, receive such a copy; and

• (d) any other person seeking a copy of those findings who has paid the Commission’s reasonable charge for providing such a copy.

103E

• (1) A local authority receiving a copy of findings under section 103D of this Act shall consider those findings at a meeting of the authority within three months of receiving them or within such longer period as the Commission may specify in writing.

• (2) The duty imposed on a local authority by subsection (1) above shall be discharged only by that authority and not by a committee or sub-committee or an officer.

• (3) Where findings received by a local authority contain recommendations under section 103F(3)(b) of this Act, the authority shall decide—

• (a) whether to accept any or all of those recommendations;

• (b) what, if any, action to take in response to those recommendations.

• (4) A meeting under subsection (1) above shall not be held unless, at least seven clear days before the meeting, there has been published, in a newspaper circulating in the area of the local authority concerned, a notice which—

• (a) states the time and place of the meeting;

• (b) indicates that the meeting is to be held in order to consider the findings of the Commission and any recommendations in those findings; and

• (c) describes the nature of those findings and of any such recommendations.

• (5) The local authority shall, as soon as practicable after that meeting—

• (a) notify the Commission of any decisions made in pursuance of subsection (3) above; and

• (b) publish, in a newspaper circulating in the area of the local authority, a notice containing a summary, approved by the Commission, of any such decisions.

• (6) A notice under subsection (5)(b) above shall not need to summarise any decision made while the public were excluded from the meeting—

• (a) under section 50A(2) of this Act (confidential matters) or in pursuance of a resolution under section 50A(4) of this Act (exempt information); but

• (b) in a case where sections 50C and 50D of this Act (availability for inspection after meetings of minutes, background papers and other documents) apply in relation to the meeting, shall indicate the documents which, in relation to that meeting, are open for inspection in accordance with those sections.

• (7) This section is without prejudice to any other duties (so far as they relate to the subject-matter of findings or recommendations sent to the authority) which are imposed by or under Part VII of this Act, section 5 of the Local Government and Housing Act 1989 (c.42) (functions of monitoring officers) or any other enactment.

Appropriation of land.

103F

• (1) Where the members of the Commission conducting a hearing under section 103B(1)(b) of this Act find that—

• (a) any item of account is contrary to law;

• (b) there has been a failure on the part of any person to bring into account any sum which ought to have been brought into account;

• (c) any loss has been incurred or deficiency caused by the negligence or misconduct of any person or by the failure of the local authority to carry out any duty imposed on them by any enactment;

• (d) any sum which ought to have been credited or debited to one account of the local authority has been credited or, as the case may be, debited to another account of the authority and the Commission are not satisfied that the authority has taken or is taking such steps as may be necessary to remedy the matter,

they may, as appropriate, impose one of the sanctions specified in subsection (2) or make any of the recommendations in subsection (3) below.

• (2) The sanctions which may be imposed under subsection (1) above are—

• (a) censuring, but otherwise taking no action against, an officer or member of the authority;

• (b) suspending, for a period not exceeding one year, the entitlement of a member of a local authority to attend one or more but not all of the following—

• (i) all meetings of the local authority;

• (ii) all meetings of one or more committees or sub-committees of the local authority;

• (iii) all meetings of any other body on which the member is a representative or nominee of the local authority;

• (c) suspending, for a period not exceeding one year, the entitlement of a member of a local authority to attend meetings of the local authority and of any committee or sub-committee thereof and of any other body on which the member is a representative or nominee of the local authority;

• (d) disqualifying a member of a local authority for a period not exceeding five years, from being, or from being nominated for election as, or from being elected, such a member.

• (3) In the case of a local authority, the Commission may—

• (a) make recommendations to the Scottish Ministers that they make an order directing the authority to make such rectification of their accounts as appears to the Commission necessary;

• (b) include in its findings any recommendations arising from those findings which the Commission think fit.

• (4) A period of suspension imposed under subsection (2)(b) or (c) above which would continue until or after the day of the next following ordinary election of members shall end at the beginning of that day.

• (5) Disqualification imposed under subsection (2)(d) above—

• (a) has the effect of vacating the member’s office; and

• (b) extends to membership of committees and sub-committees of the local authority of which the member was a member and any joint committee, joint board or other body on which the member is a representative or nominee of the local authority.

• (6) The Commission shall, on making a recommendation under subsection (3)(a) above, forthwith send a copy of that recommendation to the local authority and to any person whom the Commission thinks fit.

• (7) Where the Commission make recommendations to the Scottish Ministers under subsection (3)(a) above, Ministers may make an order giving effect to any recommendation, with or without modifications, or may decline to make such an order.

• (8) A local authority shall give effect to any direction to them made in an order under subsection (7) above.

103G

• (1) The Controller of Audit may submit an interim report on an investigation being conducted by that Controller under section 102(3) of this Act.

• (2) On receiving an interim report, the Commission, if it is satisfied—

• (a) that the further conduct of the investigation is likely to be prejudiced if the sanction mentioned in subsection (3) below is not imposed; or

• (b) that otherwise it would be in the public interest to impose that sanction,

then it may impose that sanction.

• (3) That sanction is suspending the member of the local authority whose alleged blame in connection with an item of account being contrary to law or whose alleged failure, negligence or misconduct was the subject of the interim report from the entitlement set out in section 103F(2)(c) of this Act for a period not exceeding three months.

• (4) The Commission shall not require to hold a hearing before proceeding to impose that sanction, but shall give the member an opportunity to make representations on the allegations of blame, failure, negligence or misconduct and on the interim report.

• (5) The Commission shall put its decision under this section in writing and shall give a copy to—

• (a) the member;

• (b) the authority; and

• (c) any other person seeking a copy of the decision who has paid the Commission’s reasonable charges for providing such a copy.

• (6) A period of suspension imposed under this section ends upon—

• (a) the issue of findings under section 103D of this Act that the member was not to blame or has not failed, been negligent or been guilty of misconduct;

• (b) the imposition of a sanction under section 103F of this Act or a decision not to impose such a sanction; or, as the case may be,

• (c) a decision by the Commission under section 103B of this Act not to hold a hearing.

• (7) A period of suspension imposed under subsection (2) above which would continue until or after the day of the next following ordinary election of members ends at the beginning of that day.

• (8) If, however, the member is re-elected at that election, the Commission may re-impose the suspension.

• (9) The period for which suspension may be re-imposed under subsection (8) above is that for which it would have continued to apply but for subsection (7) above.

• (10) On the expiry (otherwise than by operation of subsection (6) or (7) above) of a period of suspension, it may be renewed by the Commission for a period not exceeding three months and a renewed period may likewise be further renewed.

• (11) Where, but for the suspension under this section, a member would be entitled to receive basic allowance and special responsibility allowance from the authority, the suspension shall not affect that entitlement; but nothing in this subsection authorises the payment or reimbursement of travelling, subsistence or other allowances or expenses.

• (12) In subsection (11) above, “basic allowance” and “special responsibility allowance” are the respective allowances referred to in section 18(1)(a) and (c) of the Local Government and Housing Act 1989 (c.42).

103H

• (1) For the purposes of the law of defamation, any statement made by the Commission or any of its agents or staff of Audit Scotland provided for the Commission under section 10(3) of the Public Finance and Accountability (Scotland) Act 2000 (asp 1) or by the Controller of Audit shall be absolutely privileged.

• (2) In subsection (1) above “statement” has the same meaning as in the Defamation Act 1996 (c.31).

103J

• (1) An officer or member of a local authority—

• (a) who is the subject of a finding under section 103F(1) of this Act;

• (b) on whom a sanction under section 103F(2)(a), (b) or (c) of this Act has been imposed;

• (c) who has been suspended under section 103G(2) of this Act,

may appeal to the sheriff principal of the sheriffdom in which the authority has its principal office.

• (2) An appeal—

• (a) under subsection (1)(a) above may be made on one or more of the following grounds—

• (i) that the Commission’s finding was based on an error of law;

• (ii) that there has been procedural impropriety in the conduct of any hearing held under section 103B(1)(b) of this Act;

• (iii) that the Commission has acted unreasonably in the exercise of its discretion;

• (iv) that the Commission’s finding was not supported by the facts found to be proved by the Commission;

• (b) under subsection (1)(b) above may be made on one or more of the following grounds—

• (i) that the sanction imposed was excessive;

• (ii) that the Commission has acted unreasonably in the exercise of its discretion;

• (c) under subsection (1)(c) above may be made only on the ground that the Commission has acted unreasonably in the exercise of its discretion.

• (3) An appeal under subsection (1) above shall be lodged within 21 days of—

• (a) the sending of the finding under section 103F(1) of this Act to the officer or member;

• (b) the imposition of the sanction under section 103F(2) of this Act; or, as the case may be,

• (c) the imposition of suspension under section 103G(2) of this Act.

• (4) A finding made or sanction imposed by the Commission continues to have effect notwithstanding the lodging of an appeal under subsection (1) above.

• (5) The sheriff principal may—

• (a) in an appeal under subsection (1)(a) above—

• (i) confirm the finding under section 103F(1) of this Act;

• (ii) quash the finding;

• (iii) quash the finding and remit the matter to the Commission to reconsider its decision;

• (b) in an appeal under subsection (1)(b) above—

• (i) confirm the sanction;

• (ii) quash the sanction and either substitute a lesser sanction or remit the matter back to the Commission;

• (c) in an appeal under subsection (1)(c) above, quash the suspension;

• (d) award expenses.

• (6) The decision of the sheriff principal under subsection (1) above is a final judgment for the purposes of section 114(1) (appeal from the sheriff principal to the Court of Session) of the Courts Reform (Scotland) Act 2014 .

• (7) In an appeal from the sheriff principal by virtue of subsection (6) above, the Court of Session has the powers specified in subsection (5) above.

• (8) The Commission may be a party to an appeal under subsection (1) above and in any appeal from the decision of the sheriff principal.

104A

105A

• (1) The Secretary of State may request the Commission to conduct or assist the Secretary of State in conducting studies designed to improve economy, efficiency, effectiveness and quality of performance in the discharge by local authorities of functions relating to the administration of housing benefit and council tax benefit.

• (2) In the following provisions of this section “study” means a study which the Commission are requested to conduct, or assist the Secretary of State in conducting, under subsection (1) above.

• (3) If the Commission require—

• (a) any local authority included in a study; or

• (b) any officer or member of such an authority,

to supply the Commission or an authorised person with such information as is needed for the purposes of the study, the authority or officer or member shall supply the information.

• (4) If the Commission require any local authority included in a study to make available for inspection by the Commission or an authorised person documents which relate to the authority and are needed for the purposes of the study, the authority shall make the documents available.

• (5) Any information obtained under a requirement under subsection (3) or (4) above may be disclosed by the Commission to the Secretary of State for the purposes of any functions of his which are connected with housing benefit or council tax benefit.

• (6) In subsections (3) and (4) above “authorised person” means a person authorised by the Commission for the purposes of this section.

• (7) The Commission shall send to the Secretary of State a copy of any report of a study; and the Secretary of State or the Commission may send a copy of a report of a study to any local authority to which the study relates.

• (8) Any report of a study may be published by the Secretary of State in conjunction with the Commission.

• (9) The Commission shall not conduct, or assist the Secretary of State in conducting, a study unless, before they do so, the Secretary of State has made arrangements for the payment of such reasonable amount as may be agreed between him and the Commission in respect of the study.

110A

122A

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

Action on finding of failure, negligence or misconduct

135A

Coast protection.

Public conveniences.

Water.

154A

154B

Offices, shops and railway premises.

Public libraries, museums and art galleries.

Registration of births, deaths and marriages.

Burial grounds, churchyards etc.

Heating and electricity

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

170A

• (1) Subject to subsections (2) and (3) of this section, a local authority may—

• (a) produce heat or electricity or both;

• (b) establish and operate such generating stations and other installations as the authority think fit for the purpose of producing heat or electricity or both;

• (c) buy or otherwise acquire heat;

• (d) use, sell or otherwise dispose of heat produced or acquired, or electricity produced, by the authority by virtue of this section;

• (e) without prejudice to the generality of the preceding paragraph, enter into and carry out agreements for the supply by the authority, to premises within or outside the authority’s area, of such heat as is mentioned in the preceding paragraphs and steam produced from and air and water heated by such heat.

• (2) Nothing in subsection (1) of this section shall be construed as exempting a local authority from the requirements of Part I of the Electricity Act 1989.

• (3) Except in such cases as may be prescribed, or in cases where it is produced from waste, a local authority shall not be entitled to sell electricity which is produced otherwise than in association with heat.

• (4) A local authority may—

• (a) construct, lay and maintain pipes and associated works for the purpose of conveying heat produced or acquired by the authority by virtue of this section and steam produced from and air and water heated by such heat;

• (b) contribute towards the cost incurred by another person in providing or maintaining pipes or associated works which are connected with pipes provided by the authority in pursuance of the preceding paragraph.

• (5) Parts I and II of Schedule 3 to the Water (Scotland) Act 1980 (which relate to the breaking open of roads and the laying of communication and supply pipes etc.) shall apply in relation to pipes and associated works provided or to be provided in pursuance of paragraph (a) of the preceding subsection as those Parts apply in relation to water mains and pipes but as if—

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

• (b) for the reference to the special Act in paragraph 2(3) of that Schedule there were substituted a reference to this subsection; and

• (c) for any reference to Scottish Water there were substituted a reference to the local authority in question, whether acting alone or jointly with some other person.

• (6) It shall be the duty of a local authority by whom an installation for producing heat is operated in pursuance of this section in any financial year to furnish to the Secretary of State, as soon as practicable after the end of that year, such particulars relating to the installation and heat produced at the installation as are prescribed.

• (7) In this section “associated works” in relation to pipes, means any of the following connected with the pipes, namely, any valve, filter, stopcock, pump, meter, inspection chamber and manhole and such other works as are prescribed.

• (8) Nothing in this section (except the restrictions imposed by subsection (3)) shall be construed as prejudicing any power exercisable by a local authority apart from this section.

• (9) Regulations under subsection (3) of this section shall be subject to annulment in pursuance of a resolution of either House of Parliament.

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