ukpga/1973/65 — Local Government (Scotland) Act 1973

Local Government (Scotland) Act 1973 1973 c. 65 An Act to make provision with respect to local government and the functions of local authorities in Scotland; to amend Part II of the Transport Act 1968; and for connected purposes. [25th October 1973] Part I Local Government Areas, Authorities and Elections New areas and councils . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3A Election of Councillors . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6–10 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11 Part II Changes in Local Government Areas Proposals by Boundaries Scotland Boundaries Scotland 12 1 There shall be a commission to be known as Boundaries Scotland which is to carry out the functions conferred on it by or under this Act or any other enactment. 2 The provisions of Schedule 4 to this Act shall have effect with respect to Boundaries Scotland . Proposals for changes in local government areas. 13 Boundaries Scotland may, in consequence of a review conducted by it under this Part of this Act, make proposals to the Secretary of State for effecting changes appearing to Boundaries Scotland desirable in the interests of effective and convenient local government by any of the following means or any combination of those means (including the application of any of the following paragraphs to an area constituted or altered under any of those paragraphs): a the alteration of a local government area; b the constitution of a new local government area; c the abolition of a local government area; d a change of electoral arrangements for any local government area which is either consequential on any change in local government areas proposed under this section or is a change (hereafter in this Part of this Act referred to as a “substantive change”) which is independent of any change in local government areas so proposed. Duty and power to review local government areas. 14 1 Subject to sections 15 and 16 of this Act, it shall be the duty of Boundaries Scotland , not less than eight nor more than twelve years after 1st April 1996 and thereafter at intervals of not less than eight nor more than twelve years from the submission of the last report of Boundaries Scotland on the previous review under this subsection, to review all local government areas for the purpose of considering whether to make such proposals in relation to all or any or any part of those areas as are authorised by section 13 of this Act and what proposals, if any, to make, and Boundaries Scotland shall formulate any such proposals accordingly. 2 Without prejudice to subsection (1) above, Boundaries Scotland may at any time, subject to sections 15 and 16 of this Act, review all or any or any part of the local government areas for the purpose of considering whether to make such proposals in relation to them as are authorised by section 13 of this Act, and what proposals, if any, to make, and Boundaries Scotland shall formulate any such proposals accordingly. 3 If Boundaries Scotland receive a request from a local authority or from any person that it should conduct a review under subsection (2) above with respect to any local government area in which the authority or person appears to Boundaries Scotland to have an interest, Boundaries Scotland shall consider the request. 4 In any case where the Secretary of State has made an order under section 1 of the New Towns (Scotland) Act 1968 designating any land as, or as an extension of, a new town and the area of the new town as so designated or so extended is not wholly comprised within one district, he shall, as soon as practicable after the order has become operative, send to Boundaries Scotland a notice stating that the order is in operation and specifying the districts within which that area is situated, and on receipt of such a notice it shall be the duty of Boundaries Scotland , subject to section 15(3) of this Act, to review the areas of those districts for the purpose of considering whether to make such proposals in relation to them as are authorised by section 13 of this Act and what proposals, if any, to make, and Boundaries Scotland shall formulate any such proposals accordingly. 5 Any review under this section must be completed no less than 18 months before the date of the next ordinary local election (within the meaning of section 43(1C) of the Representation of the People Act 1983). Powers of Secretary of State in relation to reviews. 15 1 The Secretary of State may by direction given to Boundaries Scotland vary the length of any interval specified in section 14(1) of this Act either as respects the whole review or as respects any particular case or cases. 2 Subject to section 16 of this Act, the Secretary of State may direct Boundaries Scotland to conduct a review of the local government areas as a whole, or of any one or more such areas or parts thereof, for the purpose of considering whether to make such proposals in relation to the areas as are authorised by section 13 of this Act and what proposals, if any, to make, and Boundaries Scotland shall formulate any such proposals accordingly. 3 The Secretary of State may direct Boundaries Scotland not to undertake during a specified period a review of any one or more local government areas or parts of such areas which it has the duty or power to review under section 14 of this Act. 4 The Secretary of State may give directions to Boundaries Scotland for its guidance in conducting reviews under this Part of this Act and in making proposals in consequence thereof, and the directions may relate to all such reviews or to any particular review or class of review. 5 A direction shall not be given under subsection (4) above with respect to any review conducted under this Part of this Act except after consultation with associations appearing to the Secretary of State to be representative of local authorities. 6 The Secretary of State may give directions to Boundaries Scotland with respect to the order in which areas are to be reviewed by it under sections 14 and 15(2) of this Act. Wards and councillors: substantive changes in electoral arrangements 16 1 No review shall be conducted under section 14 or 15 of this Act for the purpose of making proposals for a substantive change of electoral arrangements, but the following provisions of this section shall have effect with respect to the making of such proposals. 2 Boundaries Scotland must review the electoral arrangements for a local government area for the purpose of— a considering whether to make proposals to the Scottish Ministers for a substantive change in those arrangements, b considering what proposals, if any, to make, and c formulating any such proposals. 2A Boundaries Scotland must submit to the Scottish Ministers a report on its review of the electoral arrangements for a local government area under subsection (2)— a in the case of the first report on its review of that area after the coming into force of this subsection by, in so far as is reasonably practicable, no later than 31 October 2030 , and b thereafter, in so far as is reasonably practicable, at intervals of not more than 15 years after the date of the submission of the report on its previous review of that area under subsection (2). 3 Without prejudice to subsection (2) above, Boundaries Scotland may at any time, whether at the request of a local authority or otherwise, review the electoral arrangements for a local government area for the purpose of considering whether to make proposals to the Secretary of State for a substantive change in those arrangements and what proposals, if any, to make and Boundaries Scotland shall formulate any such proposals accordingly. 4 Boundaries Scotland may not submit a report in accordance with subsection (2A)(b) or make a proposal to the Scottish Ministers following a review under subsection (3) during any period of 18 months immediately preceding the date of each ordinary local election (within the meaning of section 43(1C) of the Representation of the People Act 1983) held after 6 May 2032. Boundaries Scotland's reports and implementation 17 1 Boundaries Scotland must submit a report to the Scottish Ministers where it— a has a power or duty to formulate proposals to the Scottish Ministers, and b has been conducting a review of— i any area in accordance with section 14 or 15, or ii electoral arrangements in accordance with section 16. 2 Boundaries Scotland must— a include in the report either— i the proposals it has formulated following the review (or any part of the review), or ii a notification that it has no proposals to make following the review (or any part of the review), and b submit the report not later than the expiry of any time limit applicable to the review in question in terms of section 14, 15 or 16. 3 Where the report includes a proposal that the number of councillors to be returned in an electoral ward is two, Boundaries Scotland must include in the report an explanation as to why it considers the proposal to be appropriate unless the proposal relates to an electoral ward consisting wholly or partly of one or more inhabited islands (within the meaning of section 1(2) of the Islands (Scotland) Act 2018). 4 As soon as practicable after Boundaries Scotland has submitted a report under this section, the Scottish Ministers must— a lay the report before the Scottish Parliament, and b if the report proposes an alteration to any local government area or to any electoral arrangements, either— i by regulations give effect to those proposals, or ii lay before the Scottish Parliament for approval by resolution a draft Scottish statutory instrument containing regulations giving effect to those proposals (“draft instrument”), in the case where the regulations are subject to the affirmative procedure. 5 Regulations under subsection (4)(b) are subject to the affirmative procedure if they— a abolish or alter the boundaries of— i any local government area, ii any electoral ward, or b increase or decrease the number of councillors to be returned in any electoral ward. 6 If the draft instrument is withdrawn, or if the motion for the approval of the draft instrument is rejected by the Scottish Parliament, the Scottish Ministers must either— a amend the draft instrument to make such minor or technical alterations as they consider appropriate (“amended draft instrument”) and lay the amended draft instrument before the Scottish Parliament, or b notify Boundaries Scotland that it is required to conduct a further review of the proposals in accordance with section 17A. 7 As soon as reasonably practicable after laying for approval the amended draft instrument in accordance with subsection (6)(a), the Scottish Ministers must publish a statement setting out their reasons for making the minor or technical alterations to the draft instrument. 8 The Scottish Ministers must not withdraw a draft instrument or an amended draft instrument laid before the Scottish Parliament under subsection (4)(b)(ii) or, as the case may be, (6)(a) except with the agreement of the Scottish Parliament. 9 If the Scottish Parliament approves— a a draft instrument laid before it by the Scottish Ministers under subsection (4)(b)(ii), or b an amended draft instrument laid before it by the Scottish Ministers under subsection (6)(a), the Scottish Ministers must make the regulations contained in the draft instrument or, as the case may be, the amended draft instrument. 10 The Scottish Ministers may lay before the Scottish Parliament under paragraph (b)(ii) of subsection (4) more than one draft Scottish statutory instrument containing regulations giving effect to proposals referred to in that subsection. 11 Accordingly, the references in subsections (6) to (8) to a draft instrument or an amended draft instrument include references to more than one draft instrument or amended draft instrument. Further reviews and reports by Boundaries Scotland 17A 1 Boundaries Scotland must conduct a further review of proposals to alter any local government area or electoral arrangements where it has been notified by the Scottish Ministers under section 17(6)(b). 2 Boundaries Scotland may determine the manner and the extent of the review under this section, provided that the purpose of the review is to— a consider the representations (if any) of the Scottish Parliament, and b reconsider the proposals and make any further or supplementary proposals as it thinks fit. 3 Sections 18 (except subsections (2) and (3)) and 19 apply to a review under this section as they apply to a review under section 17 (but subject to the modification in subsection (4)). 4 The modification is that the reference in subsection (2A) of section 18 to a consultation under subsection (2)(a) of that section is to be read as if it were a reference to any consultation carried out by Boundaries Scotland in connection with a review under this section. 5 Boundaries Scotland may take such steps under section 18(3) as it thinks fit in relation to a review under this section. 6 Boundaries Scotland must— a before such date as the Scottish Ministers may direct, or in the absence of such direction, within such reasonable time as it may determine, submit a report to the Scottish Ministers on its further review under this section, and b include in the report either— i any further or supplementary proposals it has formulated following the review, or ii a notification that it has no further or supplementary proposals to make. 7 Where the report includes a further or supplementary proposal that the number of councillors to be returned in an electoral ward is two, Boundaries Scotland must include in the report an explanation as to why it considers the proposal to be appropriate unless the proposal relates to an electoral ward consisting wholly or partly of one or more inhabited islands (within the meaning of section 1(2) of the Islands (Scotland) Act 2018). 8 Subsections (4) to (9) of section 17 apply to a report submitted under this section as they apply to a report submitted under section 17. 9 But where a report has already been submitted under this section, the Scottish Ministers may notify Boundaries Scotland under subsection (6)(b) of section 17 that it is required to conduct a further review only if the Scottish Parliament has by resolution directed them to do so. 10 A further review under this section is to be disregarded for the purposes of calculating the intervals between reviews under this Part. Conduct of Reviews Procedure for reviews. 18 1 Where Boundaries Scotland propose to conduct a review under the foregoing provisions of this Part of this Act, it must take such steps as it thinks fit to secure that persons who may be interested in the review are informed of the proposal to conduct it and of any directions of the Secretary of State which are relevant to it. 2 In conducting any such review, Boundaries Scotland shall— a consult— i the council of any local government area affected by the review, and such other local authorities, community councils and public bodies as appear to it to be concerned; ii any bodies representative of staff employed by local authorities who have asked Boundaries Scotland to consult them; and iii such other persons as it thinks fit; aa at least two months before taking any steps under paragraph (b) below to inform other persons of any draft proposals or any interim decision not to make proposals, inform the council of any local government area affected by the review of those proposals or that decision; ab before taking any such steps, take into consideration any representation made to it by such a council during the period of two months beginning on the day on which the council is informed under paragraph (aa); b take such steps as it thinks fit for seeing that persons who may be interested in the review are informed of any draft proposals or any interim decision not to make proposals, and of the place or places where those proposals or that decision can be inspected; c in particular, deposit copies of those proposals or that decision at the offices of the council of any local government area which may be affected thereby and require any such council to keep the copies available for inspection at their offices for a period specified in the requirement; and d take into consideration any representation made to it within that period. 2A The Scottish Ministers may give directions to— a Boundaries Scotland , b the council of any local government area affected by a review, in relation to consultation under subsection (2)(a) above. 2B Such directions may be given generally or in relation to particular reviews or particular aspects of reviews. 3 Where Boundaries Scotland make a report under this Part of this Act it must — a take such steps as it thinks fit for securing that persons who may be interested in the report are informed of it and of the place or places where it can be inspected; b in particular, deposit copies of the report at the offices of the council of any local government area which may be affected thereby and require any such council to keep the copies available for inspection at their offices until the expiration of six months after the making of regulations giving effect to any proposals contained in the report, or after a notification by Boundaries Scotland that it has no proposals to put forward ... . 4 Subject to the foregoing provisions of this section, the procedure of Boundaries Scotland in conducting any review under this Part of this Act shall be such as it may determine. Local inquiries. 19 1 Boundaries Scotland may cause a local inquiry to be held with respect to any review carried out by it under this Part of this Act. 2 Subsections (3) to (6) and (8) of section 210 of this Act shall apply in relation to an inquiry held under this section with the substitution for references to a Minister of references to Boundaries Scotland . Supplementary Provisions First review of electoral arrangements. 20 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Delegation of Boundaries Scotland's functions 21 1 Boundaries Scotland may appoint one or more members of Boundaries Scotland — a to hold any local inquiry or to carry out any consultation or investigation which Boundaries Scotland are required or authorised to hold or carry out under this Act; and b to report to Boundaries Scotland accordingly. 2 At the request of Boundaries Scotland the Secretary of State may appoint one or more persons as assistant commissioners for all or any of the purposes specified in subsection (1)(a) and (b) above. 3 The appointment of an assistant commissioner under subsection (2) above— a shall be for such period or for such purpose or purposes as may be specified in the terms of his appointment; and b shall be on such terms and conditions as to remuneration and otherwise as may be determined by the Secretary of State with the approval of the Treasury . Restriction on promotion of private legislation for changing local government areas, etc. 22 No local authority shall have power to promote private legislation for forming or abolishing any local government area or for altering, or altering the status or electoral arrangements of, any local government area. Change of name of local government area. 23 1 The council of a local government area may, by a resolution passed by not less than two-thirds of the members voting thereon at a meeting of the council specially convened for the purpose with notice of the object, change the name of the area. 1A Where a council so change the name of their area into Gaelic, they may also, by a resolution passed in accordance with subsection (1) above and notwithstanding sections 2(3) and 3(1)(a) of the Local Government etc. (Scotland) Act 1994, decide that their name shall be “Comhairle” with the addition of the name of their area. 1B A council which have so changed their name into Gaelic may, by a resolution passed in accordance with subsection (1) above, change it back into English. 2 Notice of any change of name made under this section— a shall be sent by the council concerned to the Secretary of State, to the Director General of the Ordnance Survey and to the Registrar General of Births, Deaths and Marriages for Scotland; and b shall be published in such manner as the Secretary of State may direct. 3 A change of name made in pursuance of this section shall not affect any rights or obligations of any council, authority or person, or render defective any legal proceedings; and any legal proceedings may be commenced or continued as if there had been no change of name. Consequential and transitional arrangements relating to Part II. 24 1 The Secretary of State may by regulations of general application make such incidental, consequential, transitional or supplementary provision as may appear to him to be necessary or proper for the purposes or in consequence of regulations under this Part of this Act or for giving full effect thereto; and nothing in any other provision of this Act shall be construed as prejudicing the generality of this subsection. 2 Regulations under this section may apply, with or without modifications, or extend, exclude or amend, or repeal or revoke, with or without savings, any provision of a local Act or any instrument made under an Act. 3 A statutory instrument containing regulations under this section shall be subject to annulment in pursuance of a resolution of either House of Parliament. 4 Regulations under this Part of this Act may include the like provision in relation to the regulations as may be made by regulations of general application under this section by virtue of subsections (1) and (2) above; and nothing in any other provision of this Act shall be construed as prejudicing the generality of this subsection. 5 Any such regulations may also include provision with respect to— a the name of any altered area; b the constitution and election of public bodies in any area affected by the regulations ; c the retiral of existing councillors for electoral wards which have been abolished or the assignment of such councillors and of other existing councillors to new or altered electoral wards , and the first election of councillors for any new or altered electoral wards ; d without prejudice to paragraph (c) above, the holding of a fresh election of councillors for all electoral wards in the local government area in question in a case where substantial changes have been made to some of those wards ; e the abolition or establishment, or the restriction or extension, of the jurisdiction of any public body in or over any part of the area affected by the regulations ; f the register of electors to be used at any election of . . . councillors for any electoral ward affected by the regulations . 6 In this section and in section 25 of this Act, “ public body ” means a local authority, joint board or joint committee. Transitional agreements as to property and finance. 25 1 Subject to any regulations made under section 24 of this Act and to the provisions of any regulations made under this Part of this Act, any public bodies affected by the alteration, abolition or constitution of any area by regulations under this Part of this Act may from time to time make agreements with respect to any property, income, rights, liabilities and expenses (so far as affected by the alteration, abolition or constitution) of, and any financial relations between, the parties to the agreement. 2 The agreement may provide— a for the transfer or retention of any property, rights and liabilities, with or without conditions, and for the joint use of any property; b for the making of payments by either party to the agreement in respect of property, rights and liabilities so transferred or retained, or of such joint use, and in respect of the remuneration or compensation payable to any person; and c for the making of any such payment either by way of a capital sum or of a terminable annuity. 3 In default of agreement as to any matter, the matter shall be referred to the arbitration of a single arbiter agreed on by the parties, or in default of agreement appointed by the Secretary of State, and the award of the arbiter may provide for any matter for which an agreement under this section might have provided; but the provisions of section 3 of the Administration of Justice (Scotland) Act 1972 (power of arbiter to state case to Court of Session) shall not apply in relation to an arbitration under this section. 4 Any sum required to be paid by a public body in pursuance of an agreement or award under this section shall be defrayed in such manner as may be specified in the agreement or award and, failing the agreement or award so specifying, in such manner as the public body making the payment may determine. 5 Any capital sum received by a public body in pursuance of an agreement or award under this section shall be treated as capital and shall be applied with the sanction of the Secretary of State either in the repayment of capital debt or for any other purpose for which capital money may be applied. Variation and revocation of regulations under Part 2 26 1 The power conferred by section 233 to vary and revoke orders under this Act is to be read to apply to regulations under this Part but modified to apply only in relation to any supplementary provision contained in any such regulations, and regulations varying or revoking any such provision may be made only after compliance with subsections (2) and (3). 2 When the Secretary of State proposes to make any such varying or revoking regulations he shall prepare a draft of the regulations , shall send copies of the draft to such local or public authorities and community councils as appear to him to be concerned, and shall give public notice, in such manner as appears to him sufficient for informing persons likely to be concerned, that the draft has been prepared, that a copy of the draft is available for inspection at one or more places specified in the notice and that representations with respect to the draft may be made to him within two months of the publication of the notice. 3 The Secretary of State shall consider any representations duly made with respect to the draft and may, if he thinks fit, make regulations either in the form of the draft or subject to modifications. 4 The Secretary of State may cause a local inquiry to be held with respect to draft regulations under this section. 5 In this section “ supplementary provision ” means any such provision as could be made by regulations under this part of this Act by virtue of section 24 or 215 of this Act. Consultation with Boundaries Scotland on schemes for community councils 27 In considering the framing or approval of a scheme or of an amendment to a scheme under Part IV of this Act, a local authority or the Secretary of State may consult Boundaries Scotland on any matter relating to the boundaries of the area of a community council. Supplementary. 28 1 In this Part of this Act— “ electoral arrangements ” means, in relation to a local government area, the number of councillors of the council for that area, the number and boundaries of the electoral wards into which that area is for the time being divided for the purpose of the election of the councillors , the number of councillors for each electoral ward , and the designation of any electoral ward ; “ local government area ” means the area of a local authority; “ substantive change ” has the meaning assigned to it by section 13(d) of this Act. 2 In considering the electoral arrangements for local government areas for the purposes of this Part of this Act, or section 4(1) of the Local Governance (Scotland) Act 2004 (asp 9) the Secretary of State and Boundaries Scotland shall so far as is reasonably practicable comply with the rules set out in Schedule 6 to this Act, and the said arrangements shall be in accordance with the provisions of section 1 of the Local Governance (Scotland) Act 2004 (asp 9) . 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Part III General Provisions as to Members of Local Authorities and Proceedings Qualifications and disqualifications Qualifications for nomination, election and holding office as member of local authority. 29 1 A person shall, unless disqualified by virtue of this Act or any other enactment, be qualified to be nominated as a candidate for election as, or to be elected, or to be, a member of a local authority if he has attained the age of 18 years, is a qualifying Commonwealth citizen or a citizen of the Irish Republic or a qualifying foreign national ... and not subject to any legal incapacity and— a is, on the day on which he is nominated as a candidate, a local government elector for the area of the authority; or b has, during the whole of the twelve months preceding the day on which he is nominated as a candidate, occupied as owner or tenant any land or other premises in the area of the authority; or c his principal or only place of work in the twelve months preceding the day on which he is nominated as a candidate has been in the area of the authority; or d has, during the whole of the twelve months preceding the day on which he is nominated as a candidate, resided in the area of the authority. 1A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 In subsection (1) above, ... “ owner ” includes heir of entail in possession, liferenter and beneficiary entitled under any trust to the rents and profits of land or other premises, and does not include fiar of land or other premises subject to a liferent, or tutor, curator, judicial factor or commissioners. 3 For the purposes of this section, a person is a qualifying Commonwealth citizen if he is a Commonwealth citizen who either— a is not a person who requires leave under the Immigration Act 1971 to enter or remain in the United Kingdom, or b is such a person but for the time being has (or is, by virtue of any enactment, to be treated as having) indefinite leave to remain within the meaning of that Act. 4 But a person is not a qualifying Commonwealth citizen by virtue of subsection (3)(a) if he does not require leave to enter or remain in the United Kingdom by virtue only of section 8 of the Immigration Act 1971 (exceptions to requirement for leave in special cases). 5 For the purposes of this section, a “ qualifying foreign national ” means a person of any nationality who— a is not a Commonwealth citizen or a citizen of the Republic of Ireland ... , and b meets one of the conditions mentioned in subsection (6). 6 The conditions are that the person— a is not a person who requires leave under the Immigration Act 1971 to enter or remain in the United Kingdom (excluding a person who does not require such leave by virtue only of section 8 of the Immigration Act 1971 (exceptions to requirement for leave in special cases)), or b is such a person but for the time being has (or is, by virtue of any enactment, to be treated as having) any description of such leave. 7 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Re-election. 30 A person ceasing to hold office to which he is elected under the Local Government etc. (Scotland) Act 1994 shall, unless he is not qualified or is disqualified, be eligible for re-election. Disqualifications for nomination, election and holding office as member of local authority. 31 1 Subject to subsections (2) and (3) below, a person shall be disqualified for being nominated as a candidate for election as, or for being elected, or for being, a member of a local authority if— a . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . b he is a person whose estate has been sequestrated by a court in Scotland or who has been adjudged bankrupt elsewhere than in Scotland; ... ba he is subject to a bankruptcy restrictions order; c he has, within five years before the day of nomination, or election or since his election, as the case may be, been convicted in the United Kingdom, the Channel Islands, the Isle of Man or the Irish Republic of any offence and has had passed on him a sentence of imprisonment (whether suspended or not) for a period of not less than three months without the option of a fine; ... d he is disqualified for being elected or for being a member of that authority under Part III of the Representation of the People Act 1983 . e the person is subject to— i any relevant notification requirements, or ii a relevant sexual harm or risk order, f the person is subject to a Scottish disqualification order under section 8 of the Scottish Elections (Representation and Reform) Act 2025, or g the person is subject to a disqualification order under section 30 of the Elections Act 2022 (disqualification of offenders from holding elective office etc). 1ZA A person who is subject to— a any relevant notification requirements, b a relevant sexual harm or risk order, or c a relevant disqualification order, is not disqualified merely because of subsection (1)(e), (f) or, as the case may be, (g) until the appropriate time. 1ZB The appropriate time is— a the end of the period of 3 months beginning with the date of the imposition of the requirements or of the order date, or b if earlier, the expiry of the ordinary period allowed for making— i an appeal or application in respect of the conviction, finding, order or certification to which the relevant notification requirements relate, ii an appeal against the relevant sexual harm or risk order, or iii an appeal against the conviction or the making of the disqualification order. 1ZC But if, before the appropriate time mentioned in subsection (1ZB), the person makes such an appeal or application, the person is disqualified at the end of the period of 3 months beginning with the date of the imposition of the requirements or of the order date unless— a the appeal or application is dismissed or abandoned at any earlier time (in which case the person is disqualified at that time), or b at any time within that period of 3 months the appeal or application is upheld (in which case the person is not disqualified). 1ZD A person who is subject to any relevant notification requirements, a relevant sexual harm or risk order or a relevant disqualification order is suspended from performing any of the functions of a member of a local authority during the period beginning with the date of the imposition of the requirements or of the order date and ending with the date on which— a the office is vacated in accordance with subsection (1ZB) or (1ZC), or b an appeal mentioned in subsection (1ZB) is upheld. 1A A person is disqualified for being a member of a joint board if he or a partner of his holds any paid office or employment (other than the office of convener or depute convener of the board) or other place of profit in the gift or disposal of the board. 2 Where a person is disqualified under subsection (1) above by reason of his estate having been sequestrated, the disqualification shall cease if and when— a the sequestration of his estate is recalled or reduced; or b he is discharged under or by virtue of the Bankruptcy (Scotland) Act 2016 . 3 Where a person is disqualified under subsection (1) above by reason of having been adjudged bankrupt, then— a if the bankruptcy is annulled on the ground that he ought not to have been adjudged bankrupt or on the ground that his debts have been paid in full, the disqualification shall cease on the date of the annulment; b if he is discharged with a certificate that the bankruptcy was caused by misfortune without any misconduct on his part, the disqualification shall cease on the date of his discharge; and c if he is discharged without such a certificate, his disqualification shall cease on the expiration of five years from the date of his discharge. 3A A person who is for the time being an officer or employee of the Strathclyde Passenger Transport Authority or an employee of a subsidiary of that Authority shall be disqualified for being appointed or for being a member of the Strathclyde Passenger Transport Authority. 3B In subsection (1)(ba) above, “ bankruptcy restrictions order ” means— a a bankruptcy restrictions order made under section 155 of the Bankruptcy (Scotland) Act 2016 ; b . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . c a bankruptcy restrictions order made under paragraph 1 of Schedule 4A to the Insolvency Act 1986 (c. 45); or d a bankruptcy restrictions undertaking entered into under paragraph 7 of that Schedule. 4 In this section, “ relevant notification requirements ” means— a the notification requirements of Part 2 of the Sexual Offences Act 2003, b the notification requirements of Part 2 of the Sex Offenders (Jersey) Law 2010, c the notification requirements of Part 2 of the Criminal Justice (Sex Offenders and Miscellaneous Provisions) (Bailiwick of Guernsey) Law 2013, d the notification requirements of schedule 1 of the Criminal Justice Act 2001 (an Act of the Tynwald of the Isle of Man). 5 In this section, “ relevant sexual harm or risk order ” means— a a sexual harm prevention order under section 11 or 12 of the Abusive Behaviour and Sexual Harm (Scotland) Act 2016, b a sexual harm prevention order under section 103A of the Sexual Offences Act 2003, c sexual offences prevention order under section 104 of that Act, d a sexual harm prevention order under section 345 of the Sentencing Act 2020, e a restraining order under Article 10 of the Sex Offenders (Jersey) Law 2010, f a sexual offences prevention order under section 18 of the Criminal Justice (Sex Offenders and Miscellaneous Provisions) (Bailiwick of Guernsey) Law 2013, g a sexual offences prevention order under section 1 of the Sex Offenders Act 2006 (an Act of the Tynwald of the Isle of Man), h a sexual risk order under section 27 of the Abusive Behaviour and Sexual Harm (Scotland) Act 2016, i risk of sexual harm order under section 2 of the Protection of Children and Prevention of Sexual Offences (Scotland) Act 2005, j a sexual risk order under section 122A of the Sexual Offences Act 2003, k a risk of sexual harm order under section 123 of that Act, l a child protection order under Article 11 of the Sex Offenders (Jersey) Law 2010, m a risk of sexual harm order under section 22 of the Criminal Justice (Sex Offenders and Miscellaneous Provisions) (Bailiwick of Guernsey) Law 2013, n a risk of sexual harm order under section 5 the Sex Offenders Act 2006 (an Act of the Tynwald of the Isle of Man). 6 The Scottish Ministers may by regulations make such amendments to subsection (4) and (5) as they consider appropriate in consequence of the amendment, repeal or re-enactment of any legislation of any of the Channel Islands or the Isle of Man which is for the time being specified in those provisions. 7 Regulations under subsection (6) are subject to the affirmative procedure. 8 In this section— “ order date ” means the date on which the relevant sexual harm or risk order or, as the case may be, relevant disqualification order is made by the court, “ relevant disqualification order ” means— a Scottish disqualification order under section 8 of the Scottish Elections (Representation and Reform) Act 2025 (Scottish disqualification orders), a disqualification order under section 30 of the Elections Act 2022 (disqualification of offenders for holding elective office etc). 4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Disqualification of officers, employees etc. from remaining members of local authority 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). Proceedings for disqualification. 32 1 Subject to subsection (3) below, proceedings against any person on the ground that he is disqualified (within the meaning of this section) for being nominated as a candidate for election as a member of a local authority may be instituted before the sheriff principal by any opposing candidate at the election. 2 Subject to subsection (3) below, proceedings against any person on the ground that he acted, or claims to be entitled to act, as a member of a local authority while disqualified for so acting within the meaning of this section may be instituted before the sheriff principal by the local authority concerned or by any four or more local government electors for the area concerned. 3 Proceedings under this section may not be instituted after the alleged disqualification has ceased to exist, but proceedings pending at the time of such cessation may continue. 4 Where in proceedings under this section it is proved that a person has acted as a member of a local authority while disqualified for so acting, the sheriff principal may— a make a declaration to that effect and declare that the office in which the person has acted is vacant; b grant interdict against the person so acting; c order the person to pay to the authority such sum not exceeding £100 as the sheriff principal thinks fit. 5 Where in proceedings under this section it is proved that the person concerned claims to act as a member of a local authority and is disqualified for so acting, the sheriff principal may make a declaration to that effect and declare that the office in which the person claims to be entitled to act is vacant and grant interdict against the person so acting. 6 The sheriff principal shall have the same powers and privileges as a judge on the trial of a parliamentary election petition. 7 For the purposes of this section, a person shall be deemed to be disqualified for acting as a member of a local authority if he is not qualified to be, or is disqualified for being, a member of the authority. Validity of acts done by unqualified persons. 33 The acts and proceedings of any person elected to an office under the Local Government etc. (Scotland) Act 1994 and acting in that office shall, notwithstanding any question as to the validity of his election or his disqualification or want of qualification, be as valid and effectual as if he had been duly elected and qualified. Acceptance of Office Declaration of acceptance of office of councillor. 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. Resignation and Vacation of Office Resignation. 34 A member of a local authority may, at any time, resign his office as member by a notice in writing signed by him and delivered to the proper officer of the authority, and his resignation shall take effect upon the expiration of three weeks after the date of delivery of the notice or upon such earlier date, if any, as may be stated in the notice as the date on which the resignation is to take effect. Vacation of office by failure to attend meetings. 35 1 Subject to subsections (2) to (4) below, if a member of a local authority fails throughout a period of six consecutive months to attend any meeting of the authority, he shall, unless the failure was due to some reason approved by the authority, cease to be a member of the authority. 2 Attendance as a member at a meeting of any committee or sub-committee of the authority, or at a meeting of any joint committee, joint board or other body by whom for the time being any of the functions of the authority are being discharged, and attendance as representative of the authority at a meeting of any body of persons, shall be deemed for the purposes of subsection (1) above to be attendance at a meeting of the authority. 3 A member of any branch of Her Majesty’s naval, military or air forces when employed during war or any emergency on any naval, military or air force service, and a person whose employment in the service of Her Majesty in connection with war or any emergency is such as, in the opinion of the Secretary of State, to entitle him to relief from disqualification on account of absence, shall not cease to be a member of a local authority by reason only of a failure to attend meetings of the local authority if the failure is due to that employment. 4 The absence of a member of a local authority from a meeting of the authority during a period of suspension imposed on the member under section 103F or 103G of this Act or section 19 or 21(2) of the Ethical Standards in Public Life etc. (Scotland) Act 2000 (asp 7) is not, for the purposes of this section, a failure to attend the meeting. Casual vacancies. 36 For the purpose of filling a casual vacancy in any office for which an election is held under the Local Government etc. (Scotland) Act 1994 , the date on which the vacancy is to be deemed to have occurred shall be— a in the case of death, on the date of death; b in the case of resignation, the date on which the notice of resignation takes effect; c in the case of the election of a person who is not qualified to be elected or who is disqualified for being elected a member of a local authority, or of a member of a local authority ceasing to be qualified to be a member or becoming disqualified for being a member, the date on which the office has been declared vacant by the sheriff principal or become vacant by operation of section 19(3)(a) (effect of disqualification) of the Ethical Standards in Public Life etc. (Scotland) Act 2000 (asp 7). or the date of the determination of any appeal; d in the case of a full number of members of a local authority not being elected at an election, the day on which the poll was held at the election; e in the case of an election being declared void on an election petition, the date of the decision of the election court; f in the case of a vacancy arising from any other cause, not being a vacancy arising in ordinary course, such date as the local authority may determine. Filling of casual vacancies. 37 1 On a casual vacancy occurring in the office of councillor, an election to fill the vacancy shall be held within three months from the date on which the vacancy is deemed to have occurred, and the day on which the poll is to be held at the election to fill the vacancy shall be fixed by the returning officer. 2 Where a casual vacancy in any such office occurs within six months before the relevant date . . . , an election shall not be held under subsection (1) above unless, on the occurrence of the vacancy (or in the case of a number of simultaneous vacancies, the occurrence of the vacancies), the total number of unfilled vacancies in the membership of the council exceeds one third of the whole number of members; and where an election under subsection (1) above is not held, the vacancy shall be filled at the next ordinary election. 2A For the purposes of subsection (2) above, the “ relevant date ” is— a the first Thursday in May in the year in which the next ordinary election is to be held; or b where, by virtue of subsection (1)(b) of section 43 of the Representation of the People Act 1983 (c.2), the poll at that election is to be held on another day, that other day. 3 A person elected to fill a casual vacancy in the office of councillor shall hold office until the day of the next ordinary election. Power of returning officer to postpone election for casual vacancy 37A 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(1) on which the poll is to be held at the election to fill the casual vacancy, and c the date fixed does not fall 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 fix another date for the holding of the poll to fill the casual vacancy which is to be within the period of 3 months beginning with the date of the poll fixed by the returning officer under section 37(1). 3 Subsection (4) applies where— a the returning officer fixes a date under subsection (2), and b the date fixed does not fall within the period of 6 months before the relevant date. 4 If the returning officer considers it necessary or appropriate for any reason to do so, the returning officer may fix another date for the holding of the poll to fill the casual vacancy which is to be within the period of 3 months beginning with the date of the poll fixed by the returning officer under subsection (2). 5 Before fixing a date under subsection (2) or (as the case may be) subsection (4) , the returning officer must consult— a the Electoral Commission, and b the convener of the Electoral Management Board for Scotland. 6 As soon as reasonably practicable after fixing a date under subsection (2) or (as the case may be) subsection (4), the returning officer must publish, in such manner as the returning officer considers appropriate, a statement setting out— a the date fixed for the holding of the poll, and b the reasons for the exercise of the power. 7 For the purposes of this section, section 37B and section 37C the “ relevant date ” has the meaning given in section 37(2A). Further power of returning officer to postpone election for casual vacancy where large number of unfilled vacancies 37B 1 This section applies where— a a casual vacancy occurs in the office of councillor, b on the occurrence of the casual vacancy (or in the case of a number of simultaneous vacancies, the occurrence of the vacancies), the total number of unfilled vacancies in the membership of the council exceeds one third of the whole number of members, c the returning officer fixes a date under section 37 or 37A on which the poll is to be held at the election to fill the casual vacancy, and d the date fixed falls within the period beginning 6 months before the relevant date and ending 3 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 fix another date for the holding of the poll to fill the casual vacancy which is to be within the period of 3 months beginning with the date of the poll fixed by the returning officer under section 37 or (as the case may be) 37A. 3 Before fixing a date 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 fixing a date under subsection (2), the returning officer must publish, in such manner as the returning officer considers appropriate, a statement setting out— a the date fixed for the holding of the poll, and b the reasons for the exercise of the power. Power of returning officer to cancel election for casual vacancy 37C 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. Restrictions on voting Disability of members of authorities for voting on account of interest in contracts, etc. 38 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Pecuniary interests for purposes of section 38. 39 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . General notices and recording of disclosures for purposes of section 38. 40 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Removal or exclusion of disability, etc. 41 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Interpretation of sections 39 and 41. 42 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Meetings and proceedings Meetings and proceedings of local authorities. 43 The provisions of Schedule 7 to this Act shall have effect with respect to the meetings and proceedings of local authorities and their committees. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 44 Allowances to members of local authorities and other bodies . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 45 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 45A Travelling allowance and subsistence allowance. 46 1 Subject to subsection (2) below a member of a body to which this section applies shall be entitled to receive payments by way of travelling allowance or subsistence allowance where expenditure on travelling (whether inside or outside the United Kingdom) or, as the case may be, on subsistence is necessarily incurred by him for the purpose of enabling him to perform any approved duty as a member of that body, being payments at rates determined by that body, but not exceeding, in the case of travel or subsistence for the purpose of an approved duty within the United Kingdom, such rates as may be specified by the Secretary of State. 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Allowances for attending conferences and meetings. 47 1 The following bodies, that is to say— a . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . b any body to which this section applies and which has power by virtue of any enactment to send representatives to any conference or meeting to which this section applies; may pay any member of the body attending any such conference or meeting such allowances in the nature of an attendance allowance and an allowance for travel and subsistence, as they think fit. 1A payments made under subsection (1) above shall be of such reasonable amounts as the body in question may determine in a particular case or class of case but shall not exceed— a in the case of payments of an allowance in the nature of an attendance allowance, such amounts as may be specified in or determined under regulations made by the Secretary of State; and b in the case of payments of an allowance in the nature of an allowance for travel and subsistence in respect of a conference or meeting held in the United Kingdom, such amounts as may be specified under section 46 above for the corresponding allowance under that section; and regulations made by the Secretary of State may make it a condition of any payment mentioned in paragraph (a) above that, in the financial year to which the payment would relate, the aggregate amount which the body in question has paid or is already liable to pay in respect of any prescribed allowance or allowances does not exceed such maximum amount as may be specified in or determined under the regulations. 2 Where a body mentioned in subsection (1)(b) above has power under any enactment other than this Act or any instrument under such an enactment to pay expenses incurred in attending a conference or meeting to which this section applies, the amount payable under that enactment or instrument shall not exceed the amount which would be payable in respect of the attendance under that subsection. 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3A In relation to any body which is a joint board, joint authority or other combined body all the members of which are representatives of local authorities this section applies to a conference or meeting held inside or outside the United Kingdom and convened by any person or body (other than a person or body convening it in the course of a trade or business or a body the objects of which are wholly or partly political) for the purpose of discussing matters which in the body’s opinion relate— a to the functions of the body; or b to any functions of local authorities in which the body has an interest. 4 In relation to any other body to which this section applies, . . . this section applies to a conference or meeting convened by one or more such bodies or by an association of such bodies. 5 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Payment of expenses of official and courtesy visits, etc. 48 1 Subject to subsection (2) below, a local authority may— a defray any travelling or other expenses receipted and reasonably incurred by or on behalf of any members in making official and courtesy visits, wheth