Local Government (Scotland) Act 1973

[F1103G Interim reports on investigations and action thereonS

(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).]