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Local Government in Scotland Act 2003

  • Explanatory Notes Table of contents

Please note:

All reference to 'Parts' and 'sections' are from the Local Government in Scotland Act 2003. For other versions of these Explanatory Notes, see More Resources.

  1. Introduction

  2. Background

  3. The Act – an Overview

  4. The Act – Section by Section

    1. Part 1  - Best Value and Accountability

      1. Section 1 – Local Authorities’ duty to secure best value

      2. Section 2 – Considerations bearing on performance of duty under section 1

      3. Section 3 – Action by Accounts Commission following report by Controller of Audit

      4. Section 4 – Hearings under section 3 above

      5. Section 5 – Action by local authorities on receipt of findings

      6. Section 6 – Accounts Commission’s studies and recommendations to include aspects of securing best value

      7. Section 7 – Local authority contracts: relaxation of exclusion of non-commercial considerations

      8. Section 8 – Relaxation of restrictions on supply of goods and services etc by local authorities

      9. Section 9 – Special provision for local authority contracts for construction of buildings or works

      10. Section 10 – Trading operations and accounts

      11. Section 11 – Disposal of land by local authorities for less than full value

      12. Section 12 – Proper accounting practice

      13. Section 13 – Publication by local authorities of information about finance and performance

      14. Section 14 – Application of this Part to other bodies

    2. Part 2 – Community Planning

      1. Section 15 – Community Planning

      2. Section 16 – Community Planning: further provision

      3. Section 17 – Reports and information

      4. Section 18 – Guidance

      5. Section 19 – Establishment of corporate bodies to co-ordinate and further Community Planning etc.

    3. Part 3 – Power to advance well-being

      1. Section 20 – Power to advance well-being

      2. Section 21 – Guidance on exercise of power under section 20

      3. Section 22 -Limits on power under section 20

    4. Part 4 – Enforcement and Scrutiny

      1. Section 23 – Enforcement: preliminary notice

      2. Section 24 – Enforcement directions

      3. Section 25 – Scrutiny of local authorities’ police and fire functions

      4. Section 26  – Excess of power: preliminary notice

      5. Section 27 – Excess of power: enforcement

    5. Part 5 – Rating and council tax

      1. Section 28 – Rate Relief on former agricultural premises

      2. Section 29 – Rate relief for food stores in rural settlements

      3. Section 30 – Derating of automatic telling machine sites

      4. Section 31 – Derating of certain buildings used in connection with agricultural operations

      5. Section 32 – Power to combine lands and heritages situated in more than one valuation area

      6. Section 33 - Council tax: discount for unoccupied dwellings

    6. Part 6 – Waste Management

      1. Section 34 – Integrated waste management plans

        1. 44ZA - Duty to prepare integrated waste management plan

        2. 44ZB – Approval of integrated waste management plan

        3. 44ZC – Implementation of integrated waste management plan

        4. 44ZD – Modification of integrated waste management plan

    7. Part 7 – Finance

      1. Section 35 – Capital expenditure limits

      2. Section 36 – Imposition of capital expenditure limits

      3. Section 37 – Capital grants

      4. Section 38 – Scottish Ministers’ power to pay off loans made by local authorities

      5. Section 39 – Provisions supplementary to section 35 to 38

      6. Section 40 Power of local authorities to invest money

      7. Section 41 – Establishment of further local authority funds other than general fund: setting of council tax

    8. Part 8 – Miscellaneous

      1. Section 42 – Paid time off for councillors not to be a political donation

      2. Section 43 - Remote participation in and calling of local authority meetings

      3. Section 44 – Travel concessions

      4. Section 45 – Power to charge for vacant places on school buses

      5. Section 46 – Power to provide funds for speed cameras etc.

      6. Section 47 - Power to provide funds for private water supplies

      7. Section 48 – Delegation of Strathclyde Passenger Transport Authority functions to officials

      8. Section 49 – Parliamentary procedure for regulations about vehicles used as taxis and private hire cars

      9. Section 50  – Suspension of requirement to advertise principal teacher posts

      10. Section 51 – Arrangements and agreements with bodies corporate

      11. Section 52 – Guidance on contractual matters

      12. Section 53 – Qualification of and assistance for Accounts Commission auditors

      13. Section 54 – Accounts Commission’s and auditor’s powers to obtain information from persons other than local authorities etc.

      14. Section 55 – Auditor’s duty in relation to aspects of best value and community planning

      15. Section 56  – Extension of Controller of Audit’s reporting functions to best value and community planning: amendment of section 102 of 1973 Act

    9. Part 9 – General

      1. Section 57 - Power to modify enactments

      2. Section 58 – Ancillary provision

      3. Section 59 – Equal Opportunities

      4. Section 60 – Repeals and consequential amendments

      5. Section 61  – Definitions

      6. Section 62 – Short title and commencement

  5. LOCAL GOVERNMENT IN SCOTLAND ACT 2003

  • Explanatory Notes Table of contents

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Explanatory Notes

Text created by the Scottish Government to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes were introduced in 1999 and accompany all Acts of the Scottish Parliament except those which result from Budget Bills.

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