37C Power of returning officer to cancel election for casual vacancy
(1) This section applies where—
(a) a casual vacancy occurs in the office of councillor,
(b) the returning officer fixes a date under section 37, 37A or 37B on which the poll is to be held at the election to fill the casual vacancy, and
(c) the date fixed falls within the period of 6 months before the relevant date.
(2) If the returning officer considers it necessary or appropriate for any reason to do so, the returning officer may determine that an election to fill the casual vacancy is not to be held.
(3) Before determining that an election is not to be held under subsection (2), the returning officer must consult—
(a) the Electoral Commission, and
(b) the convener of the Electoral Management Board for Scotland.
(4) As soon as reasonably practicable after determining that an election is not to be held under subsection (2), the returning officer must publish, in such manner as the returning officer considers appropriate, a statement setting out—
(a) that an election is not to be held, and
(b) the reasons for the exercise of the power.
(5) Where an election is not held by virtue of the returning officer’s determination under subsection (2), the casual vacancy is to be filled at the next ordinary election.
46 Travelling allowance and subsistence allowance.
(1) Subject to subsection (2) below a member of a body to which this section applies shall be entitled to receive payments by way of travelling allowance or subsistence allowance where expenditure on travelling (whether inside or outside the United Kingdom) or, as the case may be, on subsistence is necessarily incurred by him for the purpose of enabling him to perform any approved duty as a member of that body, being payments at rates determined by that body, but not exceeding, in the case of travel or subsistence for the purpose of an approved duty within the United Kingdom, such rates as may be specified by the Secretary of State.
(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
47 Allowances for attending conferences and meetings.
(1) The following bodies, that is to say—
(a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(b) any body to which this section applies and which has power by virtue of any enactment to send representatives to any conference or meeting to which this section applies;
may pay any member of the body attending any such conference or meeting such allowances in the nature of an attendance allowance and an allowance for travel and subsistence, as they think fit.
(1A) payments made under subsection (1) above shall be of such reasonable amounts as the body in question may determine in a particular case or class of case but shall not exceed—
(a) in the case of payments of an allowance in the nature of an attendance allowance, such amounts as may be specified in or determined under regulations made by the Secretary of State; and
(b) in the case of payments of an allowance in the nature of an allowance for travel and subsistence in respect of a conference or meeting held in the United Kingdom, such amounts as may be specified under section 46 above for the corresponding allowance under that section;
and regulations made by the Secretary of State may make it a condition of any payment mentioned in paragraph (a) above that, in the financial year to which the payment would relate, the aggregate amount which the body in question has paid or is already liable to pay in respect of any prescribed allowance or allowances does not exceed such maximum amount as may be specified in or determined under the regulations.
(2) Where a body mentioned in subsection (1)(b) above has power under any enactment other than this Act or any instrument under such an enactment to pay expenses incurred in attending a conference or meeting to which this section applies, the amount payable under that enactment or instrument shall not exceed the amount which would be payable in respect of the attendance under that subsection.
(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(3A) In relation to any body which is a joint board, joint authority or other combined body all the members of which are representatives of local authorities this section applies to a conference or meeting held inside or outside the United Kingdom and convened by any person or body (other than a person or body convening it in the course of a trade or business or a body the objects of which are wholly or partly political) for the purpose of discussing matters which in the body’s opinion relate—
(a) to the functions of the body; or
(b) to any functions of local authorities in which the body has an interest.
(4) In relation to any other body to which this section applies, . . . this section applies to a conference or meeting convened by one or more such bodies or by an association of such bodies.
(5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
48 Payment of expenses of official and courtesy visits, etc.
(1) Subject to subsection (2) below, a local authority may—
(a) defray any travelling or other expenses receipted and reasonably incurred by or on behalf of any members in making official and courtesy visits, whether inside or outside the United Kingdom, on behalf of the authority;
(b) defray any expenses incurred in the reception and entertainment by way of official courtesy of distinguished persons visiting the area of the authority and persons representative of or connected with local government or other public services whether inside or outside the United Kingdom and in the supply of information to any such persons.
(2) In the case of a visit within the United Kingdom, the amount defrayed under this section by a local authority in respect of the expenses of any member of the authority in making a visit within the United Kingdom shall not exceed the payments which he would have been entitled to receive by way of any allowances and reimbursement of expenditure by virtue of regulations made under section 11 of the Local Governance (Scotland) Act 2004 if the making of the visit had been an approved duty of that member.
(1) Sections 45 to 47 of this Act shall apply to the following bodies—
(a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(c) any joint committee of two more local authorities, whether appointed or established under this Act or any other enactment;
(d) any board, joint board, joint authority or other combined body, all the members of which are representatives of local authorities;
(e) any body prescribed for the purposes of those sections and on which any such body as is mentioned in any of the foregoing paragraphs is represented; and
(f) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(1A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(2) In sections 46 to 48 above “approved duty”, in relation to a member of a body, means such duties as may be specified in or determined under regulations made by the Secretary of State.
(3) For the purposes of sections 45 to 48 of this Act a member of a committee or sub-committee of a . . . body mentioned in subsection (1) above shall be deemed to be a member of that body.
(4) Section 38(4) of this Act shall apply in relation to a member of any body mentioned in subsection (1) above to whom it would not otherwise apply as it applies in relation to a member of a local authority; and no other enactment or instrument shall prevent a member of any such body from taking part in the consideration or determination of any allowance or other payment under any of the provisions of sections 45 to 48 of this Act or under any scheme made by virtue of section 18 of the Local Government and Housing Act 1989.
(1) The Secretary of State may make regulations as to the manner in which sections 45 to 48 and 49A of this Act are to be administered, and in particular, and without prejudice to the generality of the foregoing provision, may make regulations—
(a) providing for the avoidance of duplication in payments under those sections, or between payments under any of those sections and any other Act, and for the determination of the body or bodies by whom any payments under those sections are to be made, and, where such payments are to be made by more than one body, for the apportionment between those bodies of the sums payable;
(b) specifying the forms to be used and the particulars to be provided for the purpose of claiming payments under those sections;
(c) providing for the publication by a body to which sections 45 to 47 of this Act apply, in the minutes of that body or otherwise, of details of such payments.
(2) A statutory instrument containing regulations under section 45 49 or 49A of this Act or this section shall be subject to annulment in pursuance of a resolution of either House of Parliament.
(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.
(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 Inspection of minutes and other documents after meetings.
(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.
(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.
(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 Additional rights of access to documents for members of local authorities.
(1) Any document which is in the possession or under the control of a local authority and contains material which relates to any business to be transacted or proceedings at a meeting of—
(a) the authority or of a committee or sub-committee of the authority; 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 Local authorities to publish additional information.
(1) A local authority shall maintain a register stating—
(a) the name and address of each member of the authority for the time being and the electoral . . . 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.
(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.
(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.
(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; and
any organisation which is systematically engaged in collecting news—
for sound or television broadcasts; or
for programmes to be included in a cable programme service which is or does not require to be licensed.
“relevant body” means–
a joint board; or
the 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.
51 Establishment and general purpose of community councils.
(1) Every local authority . . . shall, before 16th May 1976, or such later date as may be agreed by the Secretary of State, submit to the Secretary of State, in accordance with the provisions of this Part of this Act, a scheme for the establishment of community councils for their area.
(2) In addition to any other purpose which a community council may pursue, the general purpose of a community council shall be to ascertain, co-ordinate and express to the local authorities for its area, and to public authorities, the views of the community which it represents, in relation to matters for which those authorities are responsible, and to take such action in the interests of that community as appears to it to be expedient and practicable.
(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(1) Every local authority shall give public notice of their intention to frame a scheme for the establishment of community councils, and any such notice shall invite the public, within a period of not less than eight weeks from the date of the notice, to make suggestions as to the areas and composition of the community councils.
(2) After considering suggestions made under subsection (1) above, the local authority shall prepare and give public notice of a draft scheme which shall contain—
(a) a map showing the boundaries of the proposed areas of community councils and their populations, and the boundaries of any area for which the local authority consider a community council to be unnecessary;
(b) where a local authority consider that a community council is unnecessary for any area, a statement of their reasons for arriving at this conclusion;
(c) provisions relating to qualifications of electors, elections or other voting arrangements, composition, meetings, financing and accounts of community councils;
(d) provisions concerning the procedures to be adopted by which the community councils on the one hand and the local and public authorities with responsibilities in the areas of the community councils on the other will keep each other informed on matters of mutual interest; and
(e) such other information as, in the opinion of the local authority, would help the public to make a reasonable appraisal of the scheme.
(3) The notice mentioned in subsection (2) above shall invite the public, within a period of not less than eight weeks from the date of the notice, to make to the local authority representations as respects the draft scheme.
(4) After considering any representations made under subsection (3) above, the local authority may amend the draft scheme to take account of those representations and shall submit the scheme to the Secretary of State for his approval along with any outstanding representations and their comments upon them.
(5) The Secretary of State, after holding, if he thinks fit, a local inquiry in relation to the whole scheme or any part thereof, may approve, with or without modifications, a scheme submitted to him under subsection (4) above, or may refer the scheme back, in whole or in part, for further consideration by the local authority concerned.
(6) After the Secretary of State has approved a scheme, the local authority shall give public notice of the scheme in its approved form together with public notice of such a scheme as it applies to each proposed area, by exhibition in that area, and any such notice shall contain an invitation to electors in the area concerned to apply in writing to the local authority for the establishment of a community council in accordance with the scheme.
(7) Where not less than 20 electors apply as mentioned in subsection (6) above, the local authority shall, within not more than six weeks from the date of the application, organise, in accordance with the scheme, elections or other voting arrangements for the purpose of establishing the community council.
(1) Having regard to changing circumstances and to any representations made to them, every local authority shall from time to time review schemes made and approved under section 52 of this Act and, where they consider that such a scheme ought to be amended, they shall give public notice of their proposals, inviting any community council concerned and the public to make to the local authority representations as respects the proposals.
(2) The local authority shall consider any representations made under subsection (1) above and may amend the scheme in accordance with—
(a) the notified proposals; or
(b) those proposals as amended to take account of any such representations:
Provided that the scheme shall not be amended under paragraph (b) of this subsection unless public notice of the amendments to the proposals has been given with a further invitation to make representations under subsection (1) above.
(3) A decision of the local authority—
(a) to review, under subsection (1) above; or
(b) to amend, under subsection (2) above,
a scheme, shall be by resolution passed by not less than two-thirds of the members voting thereon at a local authority meeting specially convened for the purpose with notice of the object.
(4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . councils for local government areas may make such contributions as they think fit towards the expenses of community councils within their areas, may make loans to those councils and may, at the request of such community councils, provide them with staff, services, accommodation, furniture, vehicles and equipment, on such terms as to payment or otherwise as may be agreed between the councils concerned.
56 Arrangements for discharge of functions by local authorities.
(1) Subject to any express provision contained in this Act or any Act passed after this Act, a local authority may arrange for the discharge of any of their functions by a committee of the authority, a sub-committee, an officer of the authority or by any other local authority in Scotland.
(2) Where by virtue of this section any function of a local authority may be discharged by any committee or sub-committee of theirs, then, unless the local authority otherwise direct—
(a) the committee may arrange for the discharge of any of those functions by a sub-committee or an officer of the authority; and
(b) the sub-committee, whether assigned the discharge of functions by the authority or by a committee, may arrange for the discharge of any such functions by an officer of the authority.
(3) Where by virtue of this section any functions of a local authority may be discharged by another local authority, subsections (1) and (2) above shall apply in relation to those functions as they apply in relation to the functions of that other authority, except that—
(a) the foregoing provision shall have effect subject to the terms of the arrangement relating to the functions; and
(b) that other authority shall not, by virtue of this subsection, arrange for the discharge of those functions by some other local authority.
(4) Any arrangement made by a local authority or committee under this section for the discharge of any functions by a committee, sub-committee, officer or local authority shall not prevent the authority or committee by whom the arrangement is made from exercising those functions.
(5) Two or more local authorities may discharge any of their functions jointly and, where arrangements are in force for them to do so,—
(a) they may also arrange for the discharge of those functions by a joint committee of theirs or by an officer of one of them, and subsection (2) above shall apply in relation to those functions as it applies in relation to the functions of the individual authorities; and
(b) any enactment relating to those functions or the authorities by whom or the areas in respect of which they are to be discharged shall have effect subject to all necessary modifications in its application in relation to those functions and the authorities by whom and the areas in respect of which (whether in pursuance of the arrangements or otherwise) they are to be discharged.
(6) A local authority’s functions with respect to—
(a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(b) setting an amount of council tax in accordance with section 93(1) of the Local Government Finance Act 1992, or setting a reduced amount of council tax under section 94 of that Act or paragraph 3 of Schedule 7 to that Act;
(c) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(d) borrowing money,
(e) approval of any annual investment strategy or annual investment report required by any consent issued by the Scottish Ministers by virtue of section 40 of the Local Government in Scotland Act 2003 (asp 1),
shall be discharged only by the authority.
(6A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(6B) The duty to carry out a review of a case imposed on an authority under section 86(2) of the Community Empowerment (Scotland) Act 2015 (reviews by local authorities of asset transfer requests) must be discharged only by the authority or a committee or sub-committee of the authority; and accordingly no such committee or sub-committee may arrange for the discharge under subsection (2) of the duty by an officer of the authority.
(6C) In subsection (6B), the reference to section 86(2) of the Community Empowerment (Scotland) Act 2015 includes a reference to that section as applied by subsection (2) of, and modified in such application by virtue of subsection (4) of, section 89 of that Act.
(7) A local authority shall not make arrangements under this section for the discharge of any of their functions under the Animal Health Act 1981 by any other local authority.
(7A) A local authority is not to make arrangements under this section for the discharge of any functions conferred on it by the Public Bodies (Joint Working) (Scotland) Act 2014 by any other local authority.
(8) Any enactment, except one mentioned in subsection (9) below, which contains any provision—
(a) which empowers or requires local authorities or any class of local authorities to establish committees (including joint committees) for any purpose or enables a Minister to make an instrument establishing committees of local authorities for any purpose, or empowering or requiring a local authority or any class of local authorities to establish committees for any purpose; or
(b) which empowers or requires local authorities or any class of local authorities to arrange or to join with other authorities in arranging for the exercise by committees so established or by officers of theirs of any of their functions or provides that any specified functions of theirs shall be discharged by such committees or officers, or enables any Minister to make an instrument conferring such a power, imposing such a requirement or containing such a provision;
shall, to the extent that it makes any such provision, cease to have effect.
(9) The following enactments are exempted from subsection (8) above—
(a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(c) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(d) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(e) section 7 of the Superannuation Act 1972 (superannuation of persons employed in local government service, etc.);
(f) section 9 of the said Act of 1972 (superannuation of teachers).
(10) This section shall not authorise a local authority to arrange for the discharge by any committee, sub-committee or local authority of any functions which, by any enactment mention in subsection (9) above, are required or authorised to be discharged by a specified committee, but the foregoing provision shall not prevent a local authority who are required by or under any such enactment to establish, or delegate functions to, a committee established by or under any such enactment from arranging under this section for the discharge of their functions by an officer of the local authority or committee, as the case may be.
(11)–(13) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(14) References in this section and section 57 below to the discharge of any of the functions of a local authority include references to the doing of anything which is calculated to facilitate, or is conducive or incidental to, the discharge of any of those functions.
(15) Nothing in this section affects the operation of the Local Authorities (Goods and Services) Act 1970.
(16) In this section, “Act” includes an Act of the Scottish Parliament.
(1) For the purpose of discharging any functions of a local authority in pursuance of arrangements made under section 56 of this Act—
(a) the authority may appoint a committee of the authority; or
(b) two or more local authorities may appoint a joint committee of those authorities; or
(c) any such committee may appoint one or more sub-committees.
(2) Subject to the provisions of this section, the number of members of a committee appointed under subsection (1) above, their term of office, and the area (if restricted) within which the committee are to exercise their authority, shall be fixed by the appointing authority or authorities or, in the case of a sub-committee, by the appointing committee.
(3) A committee appointed under subsection (1) above, other than a committee for regulating and controlling the finance of the local authority or of their area may, subject to section 59 below, include persons who are not members of the appointing authority or authorities or, in the case of a sub-committee, the authority or authorities of whom they are a sub-committee, but at least two-thirds of the members appointed to any such committee (other than a sub-committee) shall be members of that authority or those authorities, as the case may be.
(4) A local authority may appoint a committee, and two or more local authorities may join in appointing a committee, to advise the appointing authority or authorities on any matter relating to the discharge of their functions, and any such committee—
(a) may consist of such persons (whether members of the appointing authority or authorities or not) appointed for such term as may be determined by the appointing authority or authorities; and
(b) may appoint one or more sub-committees to advise the committee with respect to any such matter.
(5) Every member of a committee appointed under this section who at the time of his appointment was a member of the appointing authority or one of the appointing authorities shall, upon ceasing to be a member of that authority, also cease to be a member of the committee; but for the purposes of this section a member of a local authority shall not be deemed to have ceased to be a member of the authority by reason of retirement if he has been re-elected a member thereof not later than the day of his retirement.
The expenses incurred by a joint committee appointed under this Part of this Act or any other enactment shall be defrayed by the appointing local authorities in such proportions as they may agree or, in the case of disagreement, as may be determined by the Secretary of State.
59 Disqualification for membership of committees and joint committees.
(1) Subject to section 126 of this Act, a person who is disqualified under Part III of this Act for being elected or being a member of a local authority shall be disqualified for being a member of a committee (including a sub-committee) of that authority, or being a representative of that authority on a joint committee of the authority and another local authority, whether the committee or joint committee are appointed under this Act or under any other enactment.
(2) Section 32 of this Act shall, so far as applicable, apply with respect to membership of or a claim to be entitled to act as a member of a committee or sub-committee of a local authority or of a joint committee appointed by local authorities as it applies to membership of or claims to be entitled to act as a member of a local authority.
61 Membership of bodies to cease on ceasing to be member of authority.
Where a local authority by virtue of any enactment of instrument or otherwise appoint a member of the authority to be a member of any court or body, then, unless otherwise specifically provided in the enactment or instrument regulating the constitution of the court or body, the person so appointed shall cease to be a member of the court or body on ceasing to be a member of the authority.
A local authority appointing a committee, and local authorities appointing a joint committee, either under this Act or under any other enactment, may make, vary or revoke standing orders respecting the quorum, proceedings and place of meeting of the committee, joint committee or any sub-committee of any such committee, but, subject to any such standing orders, the quorum, proceedings and place of meeting shall be such as the committee, joint committee or sub-committee may determine.
(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 Power of Secretary of State to establish joint boards.
(1) Where the Secretary of State considers—
(a) that any functions, or any functions in any area, of the relevant authorities should be discharged jointly by those authorities; and
(b) that arrangements, or satisfactory arrangements, for the joint discharge of those functions—
(i) have not been made by the relevant authorities; or
(ii) have ceased to be in operation,
he may, after consulting the relevant authorities, by order establish a joint board in accordance with this section.
(2) Subsections (4) and (5) of section 62A of this Act shall apply to a joint board established under this section as they apply to a joint board established under that section with the substitution of a reference to subsection (1) of this section for the reference to subsection (1) of that section.
(3) No order shall be made under subsection (1) above unless a draft of the instrument containing the order has been laid before, and approved by resolution of, each House of Parliament.