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is withdrawn, be deemed to be a sufficient disclosure of his interest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_
(a) 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;
(b) where applicable, a summary under subsection (2) below;
(c) a copy of the agenda for the meeting; and
(d) 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_
(a) 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;
(b) proper accounting practices have been observed in the preparation
of the accounts.
(c) that the local authority...(footnote
4) has made proper arrangements for securing economy,
efficiency and effectiveness in its use of resources (footnote
5) and
(d) 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) a committee (including a joint committee) of a council and
that committee's members; or
(b) 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
- Section 40 does not apply to section 19 of the Local Government
and Housing Act 1989 (see of section 19(4) of that Act).
- Words "or health service body", repealed by schedule
4, para. 3(6)(a) of the Public Finance and Accountability (Scotland)
Act 2000.
- 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.
- Words "or health service body", repealed by schedule
4, para. 3(6)(a) of the Public Finance and Accountability (Scotland)
Act 2000.
- Section 99(c) added by section 35(4) of the Local Government
Act 1988.
- Section 99(d) and the word “and” preceding it inserted
by sections 3(2) and 30(2) of the Local Government Act 1992.
- Words "or health service body" and "or body"
repealed schedule 4, para. 3(7)(a) of the Public Finance and Accountability
(Scotland) Act 2000.
- Words "or health service body" and "or body"
repealed schedule 4, para. 3(7)(a) of the Public Finance and Accountability
(Scotland) Act 2000.
- Section 100(1A) inserted by schedule 7, para. 7(3) of the National
Health Service and Community Care Act 1990.
- Words in "or body" repealed by schedule 4, para. 3(7)(b)
of the Public Finance and Accountability (Scotland) Act 2000.
- Section 100(1B) inserted by schedule 13, para. 92(25)(a) of
the Local Government etc (Scotland) Act 1994.
- Words “subsections (1) and (1B)” substituted by schedule
13, para. 92(25)(b) of the Local Government etc (Scotland) Act
1994.
- Words repealed by schedule 13, para. 92(25)(c) of the Local
Government etc (Scotland) Act 1994.
- Words “or (1B)” inserted by schedule 13, para. 92(25)(c)(i)
of the Local Government etc (Scotland) Act 1994.
- 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.
- 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.
- Section 200 repealed by section 120(3) and schedule 24 of the
Environment Act 1995
- S. 228(5) repealed by part I of schedule 13 of the Agricultural
Holdings (Scotland) Act 1991.
- Para. 10(1) substituted by schedule 3, para. 26(b)(i) of the
Local Government and Planning (Scotland) Act 1982.
- 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.
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