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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

(1) A local authority who supply or propose to supply heat, hot air, hot water or steam in pursuance of the preceding section may make byelaws—

(a) with respect to the works and apparatus to be provided or used by persons other than the authority in connection with the supply;

(b) for preventing waste and unauthorised use of the supply and unauthorised interference with works and apparatus used by the authority or any other person in connection with the supply;

(c) providing for any specified contravention of the byelaws to be an offence punishable on summary conviction with a fine of such an amount, not exceeding level 3 on the standard scale, as is specified in the byelaws.

(2) Subsections (1) to (7) of section 38 of the Water (Scotland) Act 1980 (which relates to the entry of premises by authorised officers of Scottish Water. . .) shall have effect for the purpose of authorising the entry of premises by authorised officers of a local authority who provide or propose to provide such a supply as is mentioned in the preceding subsection as if for any reference to Scottish Water there were substituted a reference to the local authority and as if in subsection (1) of that section—

(a) for paragraphs (aa) to (ac) there were substituted the following paragraph—

(a) for the purpose of installing, examining, adjusting, removing or reading any meter used or to be used by the local authority for measuring the heat, hot air, hot water or steam supplied or to be supplied by that authority;

;

(b) for the words from “this Act” onwards in paragraph (b) there were substituted the words “ byelaws in force by virtue of section 170B of the Local Government (Scotland) Act 1973 ”; and

(3) Regulations may repeal or alter subsection (1) of this section or any provision of byelaws in force by virtue of that subsection and may make any modification of the preceding subsection which the Secretary of State considers is appropriate in consequence of the repeal or alteration.

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

(5) Section 80 of the Health and Safety at Work etc. Act 1974 (which among other things provides that regulations under subsection (1) of that section may repeal or modify any provision to which that subsection applies if it appears to the authority making the regulations that it is expedient to do so in consequence of any provision made by or under Part I of that Act) shall have effect as if the provisions to which subsection (1) of that section applies included subsection (1) of this section and byelaws in force by virtue of subsection (1) of this section.

(6) The accounts of a local authority by whom expenditure is incurred under any of the provisions of the preceding section and this section shall include a separate account of that expenditure and of any income connected with functions conferred on the authority by those provisions.

Part XVIIIA — Economic Development

171A

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171B

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171C

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202A

A local authority shall, not later than 10 years from whichever is the later of the following times—

(a) the coming into force of a byelaw which they have the power to revoke or amend;

(b) the coming into force of this section;

review that byelaw and do so thereafter at intervals of not more than 10 years.

202B

(1) A local authority shall, in accordance with this section, keep a register of all byelaws which they have power to revoke or amend.

(2) The register kept under subsection (1)

above shall contain—

(a) a description of the byelaws, including a description of any offences created and penalties imposed by the byelaws;

(b) the date or dates when the byelaws and any amendments to them were confirmed;

(d) the date when the byelaws and any amendments to them were last reviewed under section 202A of this Act.

(3) The register kept under subsection (1)

above shall at such reasonable times and places as the local authority may determine be open to public inspection and any member of the public may make a copy of or extract from anything in it.

(4) No payment shall be charged or taken by the local authority for any inspection or the making of any copy or extract under subsection (3) above.

(5) The local authority may, on payment of such reasonable fee as they may determine, issue a certified true copy of an entry in the register; and any document purporting to be certified by the proper officer of the local authority as a true copy of an entry shall be sufficient evidence of the terms of the original entry.

202C

(1) Byelaws may be revoked in accordance with this section by resolution of the local authority having power (apart from this section) to revoke them.

(2) At least one month before the revocation under this section of any byelaws, notice of the proposed resolution revoking them shall be given in a newspaper circulating in the area to which the byelaws apply.

(3) The local authority shall not decide the question whether or not to revoke byelaws under this section without taking into account any objections made to them in response to the notice given by them under subsection (2) above.

(4) Byelaws revoked under this section shall cease to have effect on the date of their revocation or on such later date as may be specified in the resolution revoking them.

(5) It shall not be competent under this section to revoke, separately from the set of byelaws or byelaw containing it any byelaw or, as the case may be, any part of a byelaw which was inserted into the set of byelaws or, as the case may be, the byelaw by, or otherwise wholly or substantially derives from, a modification made by the confirming authority on the making or any amendment of the set of byelaws or, as the case may be, the byelaw.

(6) It shall not be competent under this section to revoke any byelaw or any part of any byelaw if the effect of the revocation would be to widen the scope of any other byelaw or, as the case may be, the remaining part of the byelaw.

210A

(1) The following provisions of this section apply where a Minister is authorised under or by virtue of any of the following statutory provisions to recover expenses incurred by him in relation to an inquiry— section 129(1)(d) of the Road Traffic Regulation Act 1984 (expenses of inquiry under that Act), any other statutory provision to which this section is applied by order of the Minister.

(2) What may be recovered by the Minister is the entire administrative expense of the inquiry, so that, in particular—

(a) there shall be treated as expenses incurred in relation to the inquiry such reasonable sum as the Minister may determine in respect of the general staff expenses and overheads of his department, and

(b) there shall be treated as expenses incurred by the Minister holding the inquiry any expenses incurred in relation to the inquiry by any other Minister or Government department and, where appropriate, such reasonable sum as that Minister or department may determine in respect of general staff expenses and overheads.

(3) The expense of an inquiry which does not take place may be recovered by the Minister from any person who would have been a party to the inquiry to the same extent, and in the same way, as the expense of an inquiry which does take place.

(4) The Minister may by regulations prescribe for any description of inquiry a standard daily amount and where an inquiry of that description does take place what may be recovered is—

(a) the prescribed standard amount in respect of each day (or an appropriate proportion of that amount in respect of a part of a day) on which the inquiry sits or the person appointed to hold the inquiry is otherwise engaged on work connected with the inquiry,

(b) expenses actually incurred in connection with the inquiry on travelling or subsistence allowances or the provision of accommodation or other facilities for the inquiry,

(d) any legal expenses or disbursements incurred or made by or on behalf of the Minister in connection with the inquiry.

(5) An order or regulation under this section shall be made by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament.

(6) An order applying this section to a statutory provision may provide for the consequential repeal of so much of that provision, or any other provision, as restricts the sum recoverable by the Minister in respect of the services of any officer engaged in the inquiry or is otherwise inconsistent with the application of the provisions of this section.

Functions to include promotion of economic development.

Part I

SCHEDULE 7A

Part I — Descriptions of Exempt Information

1

Information relating to a particular employee, former employee or applicant to become an employee of, or a particular office holder, former office-holder or applicant to become an office-holder under, the authority.

2

Information relating to any particular occupier or former occupier of, or applicant for, accommodation provided by or at the expense of the authority.

3

Information relating to any particular applicant for, or recipient or former recipient of, any service provided by the authority.

4

Information relating to any particular applicant for, or recipient or former recipient of, any financial assistance provided by the authority.

5

Information relating to the adoption, care, fostering or education of any particular child or where any particular child is subject to a compulsory supervision order or interim compulsory supervision order (as defined respectively in sections 83 and 86 of the Children’s Hearings (Scotland) Act 2011 (asp 1)) information relating to the order.

6

Information relating to the financial or business affairs of any particular person (other than the authority).

7

Information relating to anything done or to be done in respect of any particular person for the purposes of any of the matters referred to in section 27(1) of the Social Work (Scotland) Act 1968 (providing reports on and supervision of certain persons).

8

The amount of any expenditure proposed to be incurred by the authority under any particular contract for the acquisition of property or the supply of goods or services.

9

Any terms proposed or to be proposed by or to the authority in the course of negotiations for a contract for the acquisition or disposal of property or the supply of goods or services.

10

The identity of the authority (as well as of any other person, by virtue of paragraph 6 above) as the person offering any particular tender for a contract for the supply of goods or services.

11

Information relating to any consultations or negotiations, or contemplated consultations or negotiations, in connection with any labour relations matter arising between the authority or a Minister of the Crown and employees of, or office-holders under, the authority.

12

Any instructions to counsel and any opinion of counsel (whether or not in connection with any proceedings) and any advice received, information obtained or action to be taken in connection with—

(a) any legal proceedings by or against the authority, or

(b) the determination of any matter affecting the authority,

(whether, in either case, proceedings have been commenced or are in contemplation).

13

Information which, if disclosed to the public, would reveal that the authority proposes—

(a) to give under any enactment a notice under or by virtue of which requirements are imposed on a person; or

(b) to make an order or direction under any enactment.

14

Any action taken or to be taken in connection with the prevention, investigation or prosecution of crime.

15

The identity of a protected informant.

Part II — Qualifications

1

Information relating to a person of a description specified in any of paragraphs 1 to 4 of Part I above is not exempt information by virtue of that paragraph unless it relates to a person of that description in the capacity indicated by the description.

2

Information falling within paragraph 6 of Part I above is not exempt information by virtue of that paragraph if it is required to be registered under—

(a) the Companies Acts (as defined in section 2(1) of the Companies Act 2006);

(b) the Friendly Societies Act 1974;

(d) the Building Societies Act 1962.

3

Information falling within paragraph 8 of Part I above is exempt information if and so long as disclosure to the public of the amount there referred to would be likely to give an advantage to a person entering into, or seeking to enter into, a contract with the authority in respect of the property, goods or services, whether the advantage would arise as against the authority or as against such other persons.

4

Information falling within paragraph 9 of Part I above is exempt information if and so long as disclosure to the public of the terms would prejudice the authority in those or any other negotiations concerning the property or goods or services.

5

Information falling within paragraph 11 of Part I above is exempt information if and so long as disclosure to the public of the information would prejudice the authority in those or any other consultations or negotiations in connection with a labour relations matter arising as mentioned in that paragraph.

6

Information falling within paragraph 13 of Part I above is exempt information if and so long as disclosure to the public might afford an opportunity to a person affected by the notice, order or direction to defeat the purpose or one of the purposes for which the notice, order or direction is to be given or made.

Part III — Interpretation

1

(1) In this Schedule—

“child” means a person under the age of eighteen years and any person who has attained that age and is in attendance as a pupil at a school;

“disposal” in relation to property, includes the granting of an interest in or right over it;

“employee” means a person employed under a contract of service;

“financial or business affairs” includes contemplated, as well as past or current, activities;

“labour relations matter” means—

(a) any of the matters specified in paragraphs (a) to (g) of section 29(1) of the Trade Union and Labour Relations Act 1974 (matters which may be the subject of a trade dispute, within the meaning of that Act); or

(b) any dispute about a matter falling within paragraph (a) above;

and for the purposes of this definition the enactments mentioned in paragraph (a) above, with the necessary modifications, shall apply in relation to office-holders under the authority as they apply in relation to employees of the authority;

“office-holder”in relation to the authority, means the holder of any paid office appointments to which are or may be made or confirmed by the authority or by any joint board on which the authority is represented or by any person who holds any such office or is an employee of the authority;

“protected informant” means a person giving the authority information which tends to show that—

(a) a criminal offence,

(b) a breach of statutory duty,

(c) a breach of planning control, within the meaning of section 123(1) of the Town and Country Planning (Scotland) Act 1997, or

(d) a nuisance,

has been, is being or is about to be committed;

(2) Any reference in this Schedule to “the authority” is a reference to the local authority or, as the case may be, the committee or sub-committee or relevant body in relation to whose proceedings or documents the question whether information is exempt or not falls to be determined and includes a reference—

(a) in the case of a local authority, to any committee or sub-committee of, or constituted by, the authority; and

(b) in the case of a committee or sub-committee, to—

(i) any local authority or relevant body of which it is a committee or sub-committee or by which it is constituted; and

(ii) any other committee or sub-committee of, or constituted by, that local authority or relevant body or the committee in question;

and for the purposes of this sub-paragraph a committee or sub-committee is “constituted” by a local authority if the authority is its constituent authority within the meaning of section 50E(3) above.

3A

There may be paid to any member of the Commission . . . such salary or fees and allowances as may be approved by the Secretary of State; and such salary, fees and allowances shall be paid by Audit Scotland.

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The Aquisition of Land (Authorisation Procedure) (Scotland) Act 1947

The Local Government (Omnibus Shelters and Queue Barriers) (Scotland) Act 1958

The Church of Scotland (Properly and Endowments) Act 1925

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

In section 162, the words “ magistrate or ”, where they first occur, and the word “ magistrate ”, where it second occurs.

In section 10, the words “ and crofting parish ”.

In the Schedule, in section 1, the definition of “ county council ”.

In section 8, the words “ may from time to time appoint ”.

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

In section 8, the words “ may from time to time appoint ”.

In section 2(1), the words “ of any burgh or parish ”, in both places where they occur.

In section 16, the words “ dean of guild court or ”.

In section 31, the words from “ and may further ” onwards.

In section 41, 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 ”; in subsection (2), the words “ the dean of guild court ”; in subsection (3), the words “ dean of guild court, as the case may be ”; and in subsection (4) the words from “ or where ” to “ it out ”.

In section 36(1), the words “ or from a representation by a parish council ”.

In section 37, in subsection (1), the words from “ by the county ” to “ any district ”, and the words “ such county council or ”, and in subsection (2), the words from “ and for the purpose ” onwards.

In section 98, in subsection (2), the words from “ intimated ” to “ Scotland and ”, in subsection (3), the proviso, in subsection (4), the words

In section 94, the words from “ but in the case ” onwards.

In section 98, in subsection (2), the words from “ intimated ” to “ Scotland and ”, in subsection (3), the proviso, in subsection (4), the words

In section 339, the words “ the clerk to ”.

In section 157, the words “ magistrate or ”.

In section 158, the words “ or magistrates ”.

In section 54, the definitions of “ police burgh ”, “ Public Health Acts ”, “ Education Acts ” and “ burghs ”.

In section 8, the words “ may from time to time appoint ”.

In section 16, the words “ dean of guild court or ”.

In section 31, the words “ or of their sanitary inspector ”.

In section 36(1), the words “ or from a representation by a parish council ”.

In section 39, in the first paragraph, the words “ within such special scavenging district ”.

In section 98, in subsection (2), the words from “ intimated ” to “ Scotland and ”, in subsection (3), the proviso, in subsection (4), the words

In section 94, the words from “ but in the case ” onwards.

In section 98, in subsection (2), the words from “ intimated ” to “ Scotland and ”, in subsection (3), the proviso, in subsection (4), the words

In section 158, the words “ or magistrates ”.

In section 162, the words “ magistrate or ”, where they first occur, and the word “ magistrate ”, where it second occurs.

In section 94, the words from “ but in the case ” onwards.

In section 6, the words “ of the town clerk or other public office ”.

In section 8, the words “ may from time to time appoint ”.

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

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

In section 8, the words “ may from time to time appoint ”.

In section 16, the words “ dean of guild court or ”.

In section 31, the words from “ and may further ” onwards.

In section 98, in subsection (2), the words from “ intimated ” to “ Scotland and ”, in subsection (3), the proviso, in subsection (4), the words

In section 23(2), the words from “ references to a borough ” to “ county council and ”.

In section 53, in subsection (2)(b), the words from “ but a right ” onwards, and in subsection (6), the words “ subject to the approval of the Minister ”.

In section 56, subsection (2) and in subsection (3), the words from “ or if ” onwards.

In section 17(2), the words from “ measured ” to “ State ”.

In section 3(2), in paragraph (b), the words from “ shall not ” to “ aforesaid ” and, in paragraph (c), the words “ shall not be exercisable by a county council in any borough or urban district and ”.

In section 56, subsection (2) and in subsection (3), the words from “ or if ” onwards.

In section 2(2), the words from “ or, in the case ” onwards.

In section 12, in the proviso to subsection (2)(a), the words “ subsection (2) of section 3 and ”, and, in subsection (9), the proviso.

In section 1(1), the words from “ authorised ” onwards.

In section 10(5), the words from “ and if ” onwards.

In section 110, in subsection (1), the definition of “ Large burgh ”, and subsections (2) and (3)(b).

In section 3(1)(a) and (b), the words “ local authority or ”.

In section 10, in subsection (2), the words from “ and for ” onwards, and subsection (9).

In section 13, in subsection (4) the words from “ and, as regards ” to the end and subsections (9), (10) and (12).

In section 91, subsection (2)(d) (e) and (f), in subsection (3) the definitions of “ large burgh ” and “ small burgh ” and subsections (15), (18), (19), (25) and (31).

In section 77, subsection (1) other than the definitions of “ Agricultural Lands and Heritages ”, “ Industrial Lands and Heritages ”, “ Freight Transport Lands and Heritages ”, “ Industrial Purposes ” and “ Freight Transport Purposes ”, “ Functions ”, “ Rate ”, “ Rating Authority ” and “ Water Rate ”; and subsections (2) and (3) and (5) to (8).

In section 7(a), the words “ and “local authority” ”.

In section 53, in subsection (2)(b), the words from “ but a right ” onwards, and in subsection (6), the words “ subject to the approval of the Minister ”.

In section 17(2), the words from “ measured ” to “ State ”.

In section 12, in the proviso to subsection (2)(a), the words “ subsection (2) of section 3 and ”, and, in subsection (9), the proviso.

In section 1(1), the words from “ authorised ” onwards.

In section 31(1), the definition of “ ferry ”.