Office of Public Sector Information
PART VII continued
(1)A local authority receiving a copy of findings under section 103D of this Act shall consider those findings at a meeting of the authority within three months of receiving them or within such longer period as the Commission may specify in writing.
(2)The duty imposed on a local authority by subsection (1) above shall be discharged only by that authority and not by a committee or sub-committee or an officer.
(3)Where findings received by a local authority contain recommendations under section 103F(3)(b) of this Act, the authority shall decide—
(a)whether to accept any or all of those recommendations;
(b)what, if any, action to take in response to those recommendations.
(4)A meeting under subsection (1) above shall not be held unless, at least seven clear days before the meeting, there has been published, in a newspaper circulating in the area of the local authority concerned, a notice which—
(a)states the time and place of the meeting;
(b)indicates that the meeting is to be held in order to consider the findings of the Commission and any recommendations in those findings; and
(c)describes the nature of those findings and of any such recommendations.
(5)The local authority shall, as soon as practicable after that meeting—
(a)notify the Commission of any decisions made in pursuance of subsection (3) above; and
(b)publish, in a newspaper circulating in the area of the local authority, a notice containing a summary, approved by the Commission, of any such decisions.
(6)A notice under subsection (5)(b) above shall not need to summarise any decision made while the public were excluded from the meeting—
(a)under section 50A(2) of this Act (confidential matters) or in pursuance of a resolution under section 50A(4) of this Act (exempt information); but
(b)in a case where sections 50C and 50D of this Act (availability for inspection after meetings of minutes, background papers and other documents) apply in relation to the meeting, shall indicate the documents which, in relation to that meeting, are open for inspection in accordance with those sections.
(7)This section is without prejudice to any other duties (so far as they relate to the subject-matter of findings or recommendations sent to the authority) which are imposed by or under Part VII of this Act, section 5 of the Local Government and Housing Act 1989 (c.42) (functions of monitoring officers) or any other enactment.]
F1Ss. 103(A)-(J) inserted (1.1.2002) by 2000 asp 7, s. 33(3); S.S.I 2001/474 art. 3 (subject to transitional provisions in art. 4)
C1S. 103E applied (1.4.2003) by Local Government in Scotland Act 2003 (asp 1), ss. 5(1), 62(2); S.S.I. 2003/134, art. 2(1), Sch.
(1)Where the members of the Commission conducting a hearing under section 103B(1)(b) of this Act find that—
(a)any item of account is contrary to law;
(b)there has been a failure on the part of any person to bring into account any sum which ought to have been brought into account;
(c)any loss has been incurred or deficiency caused by the negligence or misconduct of any person or by the failure of the local authority to carry out any duty imposed on them by any enactment;
(d)any sum which ought to have been credited or debited to one account of the local authority has been credited or, as the case may be, debited to another account of the authority and the Commission are not satisfied that the authority has taken or is taking such steps as may be necessary to remedy the matter,
they may, as appropriate, impose one of the sanctions specified in subsection (2) or make any of the recommendations in subsection (3) below.
(2)The sanctions which may be imposed under subsection (1) above are—
(a)censuring, but otherwise taking no action against, an officer or member of the authority;
(b)suspending, for a period not exceeding one year, the entitlement of a member of a local authority to attend one or more but not all of the following—
(i)all meetings of the local authority;
(ii)all meetings of one or more committees or sub-committees of the local authority;
(iii)all meetings of any other body on which the member is a representative or nominee of the local authority;
(c)suspending, for a period not exceeding one year, the entitlement of a member of a local authority to attend meetings of the local authority and of any committee or sub-committee thereof and of any other body on which the member is a representative or nominee of the local authority;
(d)disqualifying a member of a local authority for a period not exceeding five years, from being, or from being nominated for election as, or from being elected, such a member.
(3)In the case of a local authority, the Commission may—
(a)make recommendations to the Scottish Ministers that they make an order directing the authority to make such rectification of their accounts as appears to the Commission necessary;
(b)include in its findings any recommendations arising from those findings which the Commission think fit.
(4)A period of suspension imposed under subsection (2)(b) or (c) above which would continue until or after the day of the next following ordinary election of members shall end at the beginning of that day.
(5)Disqualification imposed under subsection (2)(d) above—
(a)has the effect of vacating the member’s office; and
(b)extends to membership of committees and sub-committees of the local authority of which the member was a member and any joint committee, joint board or other body on which the member is a representative or nominee of the local authority.
(6)The Commission shall, on making a recommendation under subsection (3)(a) above, forthwith send a copy of that recommendation to the local authority and to any person whom the Commission thinks fit.
(7)Where the Commission make recommendations to the Scottish Ministers under subsection (3)(a) above, Ministers may make an order giving effect to any recommendation, with or without modifications, or may decline to make such an order.
(8)A local authority shall give effect to any direction to them made in an order under subsection (7) above.]
F1Ss. 103(A)-(J) inserted (1.1.2002) by 2000 asp 7, s. 33(3); S.S.I 2001/474 art. 3 (subject to transitional provisions in art. 4)
(1)The Controller of Audit may submit an interim report on an investigation being conducted by that Controller under section 102(3) of this Act.
(2)On receiving an interim report, the Commission, if it is satisfied—
(a)that the further conduct of the investigation is likely to be prejudiced if the sanction mentioned in subsection (3) below is not imposed; or
(b)that otherwise it would be in the public interest to impose that sanction,
then it may impose that sanction.
(3)That sanction is suspending the member of the local authority whose alleged blame in connection with an item of account being contrary to law or whose alleged failure, negligence or misconduct was the subject of the interim report from the entitlement set out in section 103F(2)(c) of this Act for a period not exceeding three months.
(4)The Commission shall not require to hold a hearing before proceeding to impose that sanction, but shall give the member an opportunity to make representations on the allegations of blame, failure, negligence or misconduct and on the interim report.
(5)The Commission shall put its decision under this section in writing and shall give a copy to—
(a)the member;
(b)the authority; and
(c)any other person seeking a copy of the decision who has paid the Commission’s reasonable charges for providing such a copy.
(6)A period of suspension imposed under this section ends upon—
(a)the issue of findings under section 103D of this Act that the member was not to blame or has not failed, been negligent or been guilty of misconduct;
(b)the imposition of a sanction under section 103F of this Act or a decision not to impose such a sanction; or, as the case may be,
(c)a decision by the Commission under section 103B of this Act not to hold a hearing.
(7)A period of suspension imposed under subsection (2) above which would continue until or after the day of the next following ordinary election of members ends at the beginning of that day.
(8)If, however, the member is re-elected at that election, the Commission may re-impose the suspension.
(9)The period for which suspension may be re-imposed under subsection (8) above is that for which it would have continued to apply but for subsection (7) above.
(10)On the expiry (otherwise than by operation of subsection (6) or (7) above) of a period of suspension, it may be renewed by the Commission for a period not exceeding three months and a renewed period may likewise be further renewed.
(11)Where, but for the suspension under this section, a member would be entitled to receive basic allowance and special responsibility allowance from the authority, the suspension shall not affect that entitlement; but nothing in this subsection authorises the payment or reimbursement of travelling, subsistence or other allowances or expenses.
(12)In subsection (11) above, “basic allowance” and “special responsibility allowance” are the respective allowances referred to in section 18(1)(a) and (c) of the Local Government and Housing Act 1989 (c.42).]
F1Ss. 103(A)-(J) inserted (1.1.2002) by 2000 asp 7, s. 33(3); S.S.I 2001/474 art. 3 (subject to transitional provisions in art. 4)
(1)For the purposes of the law of defamation, any statement made by the Commission or any of its agents or staff of Audit Scotland provided for the Commission under section 10(3) of the Public Finance and Accountability (Scotland) Act 2000 (asp 1) or by the Controller of Audit shall be absolutely privileged.
(2)In subsection (1) above “statement” has the same meaning as in the Defamation Act 1996 (c.31).]
F1Ss. 103(A)-(J) inserted (1.1.2002) by 2000 asp 7, s. 33(3); S.S.I 2001/474 art. 3 (subject to transitional provisions in art. 4)
(1)An officer or member of a local authority—
(a)who is the subject of a finding under section 103F(1) of this Act;
(b)on whom a sanction under section 103F(2)(a), (b) or (c) of this Act has been imposed;
(c)who has been suspended under section 103G(2) of this Act,
may appeal to the sheriff principal of the sheriffdom in which the authority has its principal office.
(2)An appeal—
(a)under subsection (1)(a) above may be made on one or more of the following grounds—
(i)that the Commission’s finding was based on an error of law;
(ii)that there has been procedural impropriety in the conduct of any hearing held under section 103B(1)(b) of this Act;
(iii)that the Commission has acted unreasonably in the exercise of its discretion;
(iv)that the Commission’s finding was not supported by the facts found to be proved by the Commission;
(b)under subsection (1)(b) above may be made on one or more of the following grounds—
(i)that the sanction imposed was excessive;
(ii)that the Commission has acted unreasonably in the exercise of its discretion;
(c)under subsection (1)(c) above may be made only on the ground that the Commission has acted unreasonably in the exercise of its discretion.
(3)An appeal under subsection (1) above shall be lodged within 21 days of—
(a)the sending of the finding under section 103F(1) of this Act to the officer or member;
(b)the imposition of the sanction under section 103F(2) of this Act; or, as the case may be,
(c)the imposition of suspension under section 103G(2) of this Act.
(4)A finding made or sanction imposed by the Commission continues to have effect notwithstanding the lodging of an appeal under subsection (1) above.
(5)The sheriff principal may—
(a)in an appeal under subsection (1)(a) above—
(i)confirm the finding under section 103F(1) of this Act;
(ii)quash the finding;
(iii)quash the finding and remit the matter to the Commission to reconsider its decision;
(b)in an appeal under subsection (1)(b) above—
(i)confirm the sanction;
(ii)quash the sanction and either substitute a lesser sanction or remit the matter back to the Commission;
(c)in an appeal under subsection (1)(c) above, quash the suspension;
(d)award expenses.
(6)The decision of the sheriff principal under subsection (1) above is a final judgment for the purposes of section 28 (appeals to the Court of Session) of the Sheriff Courts (Scotland) Act 1907 (c.51).
(7)In an appeal from the sheriff principal by virtue of subsection (6) above, the Court of Session has the powers specified in subsection (5) above.
(8)The Commission may be a party to an appeal under subsection (1) above and in any appeal from the decision of the sheriff principal.]
F1Ss. 103(A)-(J) inserted (1.1.2002) by 2000 asp 7, s. 33(3); S.S.I 2001/474 art. 3 (subject to transitional provisions in art. 4)
F1S. 104 repealed (1.1.2002) by 2000 asp 7, s. 33(4); S.S.I. 2001/474, art. 3 (subject to transitional provisions in art. 4)
F1S. 104A repealed (1.4.2000) by 2000 asp 1, s. 26, Sch. 4, para. 3(11); S.S.I. 2000/10, art. 2(3)
(1)The Secretary of State may by regulations under this section make such provision as appears to him to be necessary or expedient for the purpose of rendering sections 96 to 104 of this Act of full effect and, without prejudice to the foregoing generality, such regulations may contain provisions with respect to the following matters, that is to say—
(a)the form, preparation, keeping and authentication of the accounts of local authorities and of any abstract of such accounts;
(b)the date in each year before which such accounts and abstract are to be authenticated on behalf of a local authority;
(c)the deposit by a local authority, within such period as may be specified in the regulations, of copies of such abstract at the offices of the authority or at any other place, and the publication by the authority of information with respect to such accounts;
(d)the exercise, within such period as may be specified in the regulations, of the rights of inspection and objection conferred by section 101 of this Act in relation to any such [F1accounts and other documents], and the steps to be taken by a local authority for informing persons of those rights;
(e)the giving of public notice by a local authority of any order made in relation to them by the Secretary of State under section 104(1) of this Act.
(2)Before making regulations under this section, the Secretary of State shall consult with such associations of local authorities as appear to him to be concerned.
(3)If any person wilfully or negligently contravenes any provision of any regulations made under this section, contravention of which is declared by the regulations to be an offence, he shall be guilty of an offence and shall be liable on summary conviction, in the case of a first offence, to a fine not exceeding [F2level 3 on the standard scale], and, in the case of a second or subsequent offence, to a fine not exceeding [F2level 3 on the standard scale].
(4)A statutory instrument containing regulations made by the Secretary of State under this section shall be subject to annulment in pursuance of a resolution of either House of Parliament.
F1Words substituted by Rating and Valuation (Amendment) (Scotland) Act 1984 (c. 31, SIF 103:2), s. 10(2)
F2Words substituted by virtue of Criminal Procedure (Scotland) Act 1975 (c. 21), ss. 289E–289G (as inserted by Criminal Justice Act 1982 (c. 48), s. 54)
C1S. 105 extended by Airports Act 1986 (c. 31, SIF 9), ss. 24(3)(b), 85(4)
C2S. 105 applied (temp. from 6.4.1995 until 1.4.1996) by S.I. 1995/789, art. 2, Sch. para. 3
C3S. 105(1) extended by Abolition of Domestic Rates Etc. (Scotland) Act 1987 (c. 47, SIF 81:2, 103:2), s. 25(2), Sch. 5 Pt. III para. 24
S. 105(1) applied (6.3.1992) by Local Government Finance Act 1992 (c. 14), s. 107, Sch. 11 Pt. III para.25.
C4S. 105(1)(d) extended by Local Government Act 1986 (c. 10, SIF 81:1), ss. 5(4), 6, 12
(1)The Secretary of State may request the Commission to conduct or assist the Secretary of State in conducting studies designed to improve economy, efficiency, effectiveness and quality of performance in the discharge by local authorities of functions relating to the administration of housing benefit and council tax benefit.
(2)In the following provisions of this section “study” means a study which the Commission are requested to conduct, or assist the Secretary of State in conducting, under subsection (1) above.
(3)If the Commission require—
(a)any local authority included in a study; or
(b)any officer or member of such an authority,
to supply the Commission or an authorised person with such information as is needed for the purposes of the study, the authority or officer or member shall supply the information.
(4)If the Commission require any local authority included in a study to make available for inspection by the Commission or an authorised person documents which relate to the authority and are needed for the purposes of the study, the authority shall make the documents available.
(5)Any information obtained under a requirement under subsection (3) or (4) above may be disclosed by the Commission to the Secretary of State for the purposes of any functions of his which are connected with housing benefit or council tax benefit.
(6)In subsections (3) and (4) above “authorised person” means a person authorised by the Commission for the purposes of this section.
(7)The Commission shall send to the Secretary of State a copy of any report of a study; and the Secretary of State or the Commission may send a copy of a report of a study to any local authority to which the study relates.
(8)Any report of a study may be published by the Secretary of State in conjunction with the Commission.
(9)The Commission shall not conduct, or assist the Secretary of State in conducting, a study unless, before they do so, the Secretary of State has made arrangements for the payment of such reasonable amount as may be agreed between him and the Commission in respect of the study.]
F1S. 105A inserted (1.7.1997) by 1997 c. 47, s. 7(4); S.I. 1997/1577, art. 2, Sch.
(1)The foregoing provisions of this Part of this Act and any regulations made by the Secretary of State under section 105 of this Act shall, subject to any necessary modifications, apply with respect to the following bodies, that is to say—
(a)any committee, joint committee or joint board all the members of which, other than any ex officio members, are appointed by one or more local authorities;
(b)the trustees for any charity, foundation, mortification, or other purpose, where a local authority, or some members of such an authority as such, are the sole trustees for such charity, foundation, mortification or other purpose;
[F1(ba)a Transport Partnership created under the Transport (Scotland) Act 2005 (asp 12);]
F2(c). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
as they apply with respect to a local authority; and any provision contained in any enactment with respect to such a committee, joint committee or joint board, or in any trust deed or other instrument regulating any such charity, foundation, mortification or other purpose as aforesaid, shall, so far as inconsistent herewith, cease to have effect:
F2. . ..
(2)Where an officer of a body whose accounts are required to be audited in accordance with this Part of this Act receives any money or other property on behalf of that body, or receives any money or other property for which he ought to account to that body, the accounts of that officer shall be audited by the auditor of the accounts of the body, and sections 96 to 105 of this Act and any regulations made by the Secretary of State under section 105 of this Act shall, subject to any necessary modifications, apply accordingly to those accounts and that audit.
F3(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F1S. 106(1)(ba) inserted (10.10.2005) by Transport (Scotland) Act 2005 (asp 12), ss. 4, 54(2), Sch. 1 para. 15(2); S.S.I. 2005/454, art. 2 Table, Sch. 2
F2S. 106(1)(c) and the proviso repealed (1.4.1996) by 1994 c. 39, s. 180(2), Sch. 14 (with s. 90(2)); S.I. 1996/323, art. 4(1)(d), Sch. 2
F3S. 106(3) repealed (1.4.2000) by 2000 asp 1, s. 26, Sch. 4 para. 3(12); S.S.I. 2000/10, art. 2(3)
C1S. 106 excluded by Local Government and Housing Act 1989 (c.42, SIF 81:1, 2), s. 11(1)(4)
C2The “said Act of 1967” means Water (Scotland) Act 1967 (c. 78)
F1S. 107 repealed by Abolition of Domestic Rates Etc. (Scotland) Act 1987 (c. 47, SIF 81:2), s. 34, Sch. 6
F1Ss. 108(3)–(6) and 108B, 108C added by Rating and Valuation (Amendment) (Scotland) Act 1984 (c. 31, SIF 103:2), ss. 3, 4 and ss. 108–108C repealed by Abolition of Domestic Rates Etc. (Scotland) Act 1987 (c. 47, SIF 81:2), s. 34, Sch. 6
Local Government (Scotland) Act 1973