National Records of Scotland

Preserving the past, Recording the present, Informing the future

Local Government (Scotland) Act 1973, 1973 c.65

Local Government (Scotland) Act 1973, 1973 c.65

Contents

General notices and recording of disclosures for purposes of section 38
Inspection of minutes and other documents after meetings
General duties of auditors
Auditor's right of access to documents
Abolition of fiar's courts for counties, etc.
Schedule 7, section 97: Meetings and proceedings of local authorities
Footnotes

General notices and recording of disclosures for purposes of section 38

40.(1) A general notice, given in writing to the proper officer of the authority by a member thereof, to the effect that he or his spouse is a member or in the employment of a specified company or other body, or that he or his spouse is a partner or in the employment of a specified person, or that he or his spouse is the tenant of any premises owned by the authority, shall, unless and until the notice is withdrawn, be deemed to be a sufficient disclosure of his interest in any contract, proposed contract or other matter relating to that company or other body or to that person or to those premises which may be the subject of consideration after the date of the notice.

(2) The proper officer of the authority shall record, in a book to be kept for the purpose, particulars of any disclosure made under section 38 of this Act and of any notice given under this section, and the book shall be open at all reasonable hours to the inspection of any local government elector for the area of the local authority (footnote 1).

Inspection of minutes and other documents after meetings

50.C(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

  • 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;
  • where applicable, a summary under subsection (2) below;
  • a copy of the agenda for the meeting; and
  • 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.

General duties of auditors

99. In auditing the accounts of any local authority...(footnote 2) under this Part of this Act, an auditor shall, by examination of the accounts and otherwise, satisfy himself that

  • the accounts have been prepared in accordance with regulations made under section 105 of this Act...(footnote 3) and comply with the requirements of all other enactments and instruments applicable to the accounts;
  • proper accounting practices have been observed in the preparation of the accounts.
  • that the local authority...(footnote 4) has made proper arrangements for securing economy, efficiency and effectiveness in its use of resources (footnote 5) and
  • in a case where that body are required to publish information in pursuance of a direction under section 1 of the Local Government Act 1992 (publication of performance information), that body have made such arrangements for collecting and recording the information, and for publishing it, as are required for the performance of their duties under that section (footnote 6).

Auditor's right of access to documents

100.(1) An auditor shall have a right of access at all reasonable times to all such documents relating to the accounts of a local authority...(footnote 7) as it appears to him to be necessary to examine for the purpose of auditing those accounts under this Part of this Act and shall be entitled to require from any officer of that authority...(footnote 8) or any other person holding or accountable for any such document such information and explanation as he thinks necessary for the said purpose and, if he thinks it necessary for providing any such information or explanation, to require any such officer or other person to attend before him in person and produce any such documents.

(1A) In the case of a recognised fund-holding practice, the reference in subsection (1) above to documents includes a reference to documents relating to all the accounts and records of the members of the practice, whether or not relating to an allotted sum (footnote 9).

(1B) Without prejudice to subsection (1) above, the auditor shall be entitled to require any officer, former officer, member or former member of an authority...(footnote 10) whose accounts are required to be audited in accordance with this Part of this Act to give him such information or explanation as he thinks necessary for the purposes of the audit and, if he thinks it necessary, to require any of the persons mentioned above to attend before him in person to give the information or explanation (footnote 11).

(2) Without prejudice to subsections (1) and (1B) (footnote 12) above, every local authority...(footnote 13) shall provide an auditor with every facility and all information which he may reasonably require for the purpose of auditing their accounts.

(3) If any person wilfully or negligently fails to comply with any requirement of an auditor under subsection (1) or (1B) (footnote 14) above, he shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding level 3 on the standard scale (footnote 15)...(footnote 16)

200. (footnote 17)

Abolition of fiars courts for counties, etc.

228.(1) The courts for striking the fiars prices for the counties of Scotland shall no longer be held, and accordingly no payment becoming due after the appointed day shall be calculated by reference to fiars prices.

(2) Subject to the provisions of section 12 of the Conveyancing (Scotland) Act 1924 (abolition and commutation of grain, etc. feuduties) the amount of any periodical payment becoming due after the appointed day which would, if it had become due immediately before that day, have fallen to be ascertained by reference to fiars prices, shall be a sum in money representing the average value of the payment due during the last three years before that day.

(3) In the event of the parties failing to reach agreement as to the commutation into money of any payment by reference to subsection (2) above, either party may apply to the sheriff for a decree declaring the commuted value in money of the payment.

(4) Where any payment, the amount of which falls to be ascertained by reference to subsection (2) above, is exigible from any person by virtue of an interest in land, the title to which may be recorded in the Register of Sasines, any agreement relative thereto and any decree pronounced under subsection (3) above shall, on being duly recorded in the appropriate register, be binding upon all persons having interest.

(5) (footnote 18)

(6) In this section "the appointed day" means the day appointed under section 238 of this Act for the coming into operation of this section.

Schedule 7, section 97
Meetings and proceedings of local authorities

6. The names of the members present at a meeting of a council shall be recorded.

10.(1) Paragraphs 5 to 9 above (except paragraph 7(2)) shall apply in relation to

  • a committee (including a joint committee) of a council and that committee's members; or
  • a sub-committee of any such committee of a council and that sub-committee's members.

as those paragraphs apply in relation to a council and that council's members (footnote 19).

(2) Until the contrary is proved, where a minute of any meeting of any such committee or sub-committee has been made and signed in accordance with paragraph 7 above as applied by this paragraph, the committee or sub-committee shall be deemed to have been duly constituted and to have had power to deal with the matters referred to in the minute, the meeting shall be deemed to have been duly convened and held and the members recorded under paragraph 6 above as having been (footnote 20) present at the meeting shall be deemed to have been duly qualified.

Footnotes

  1. Section 40 does not apply to section 19 of the Local Government and Housing Act 1989 (see of section 19(4) of that Act).
  2. Words "or health service body", repealed by schedule 4, para. 3(6)(a) of the Public Finance and Accountability (Scotland) Act 2000.
  3. Words from "or, in the case of a health service body" to "1978" repealed by schedule 4, para. 3(6)(b) of the Public Finance and Accountability (Scotland) Act 2000.
  4. Words "or health service body", repealed by schedule 4, para. 3(6)(a) of the Public Finance and Accountability (Scotland) Act 2000.
  5. Section 99(c) added by section 35(4) of the Local Government Act 1988.
  6. Section 99(d) and the word “and” preceding it inserted by sections 3(2) and 30(2) of the Local Government Act 1992.
  7. Words "or health service body" and "or body" repealed schedule 4, para. 3(7)(a) of the Public Finance and Accountability (Scotland) Act 2000.
  8. Words "or health service body" and "or body" repealed schedule 4, para. 3(7)(a) of the Public Finance and Accountability (Scotland) Act 2000.
  9. Section 100(1A) inserted by schedule 7, para. 7(3) of the National Health Service and Community Care Act 1990.
  10. Words in "or body" repealed by schedule 4, para. 3(7)(b) of the Public Finance and Accountability (Scotland) Act 2000.
  11. Section 100(1B) inserted by schedule 13, para. 92(25)(a) of the Local Government etc (Scotland) Act 1994.
  12. Words “subsections (1) and (1B)” substituted by schedule 13, para. 92(25)(b) of the Local Government etc (Scotland) Act 1994.
  13. Words repealed by schedule 13, para. 92(25)(c) of the Local Government etc (Scotland) Act 1994.
  14. Words “or (1B)” inserted by schedule 13, para. 92(25)(c)(i) of the Local Government etc (Scotland) Act 1994.
  15. Words “level 3 on the standard scale” substituted by sections 289Fand 289G of the Criminal Procedure (Scotland) Act 1975 and section 54 of the Criminal Justice Act 1982.
  16. Words from "and to an additional fine" to the end of the paragraph repealed by schedule 13, para. 92(25)(c)(ii) of the Local Government etc (Scotland) Act 1994.
  17. Section 200 repealed by section 120(3) and schedule 24 of the Environment Act 1995
  18. S. 228(5) repealed by part I of schedule 13 of the Agricultural Holdings (Scotland) Act 1991.
  19. Para. 10(1) substituted by schedule 3, para. 26(b)(i) of the Local Government and Planning (Scotland) Act 1982.
  20. Words “recorded under paragraph 6 above as having been” inserted by schedule 3, para. 26(b)(ii) of the Local Government and Planning (Scotland) Act 1982.