Local Government in Scotland Act 2003 Explanatory Notes

  • Explanatory Notes Table of contents

  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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