Local Government (Scotland) Act 1973

83Power of local authorities to incur expenditure for certain purposes not otherwise authorised

(1)A local authority may, subject to the provisions of this section, incur expenditure which in their opinion is in the interests of their area or any part of it or all or some of its inhabitants, but a local authority shall not, by virtue of this subsection, incur any expenditure for a purpose for which they are, either unconditionally or subject to any limitation or to the satisfaction of any condition, authorised or required to make any payment by or by virtue of any other enactment.

(2)It is hereby declared that the power of a local authority to incur expenditure under subsection (1) above includes power to do so by contributing towards the defraying of expenditure by another local authority in or in connection with the exercise of that other authority's functions.

(3)A local authority may, subject as aforesaid, incur expenditure on contributions to any of the following funds, that is to say—

(a)the funds of any charitable body in furtherance of its work in the United Kingdom ; or

(b)the funds of any body which provides any public service in the United Kingdom otherwise than for the purposes of gain; or

(c)any fund which is raised in connection with a particular event directly affecting persons resident in the United Kingdom on behalf of whom a public appeal for contributions has been made by a chairman of a regional, islands or district council, a chairman of a community council, a lord-lieutenant or by a body of which any of these persons is a member.

(4)The expenditure of a local authority under this section in any financial year shall not exceed the product of a rate of 2p in the pound for their area for that year or, if some other amount, whether higher or lower, is fixed by an order made by the Secretary of State, shall not exceed the product of a rate of that amount in the pound for their area for that year.

(5)A statutory instrument containing an order under subsection (4) above may apply to all local authorities or may make different provision in relation to local authorities of different descriptions.

(6)Any such instrument shall be subject to annulment in pursuance of a resolution of either House of Parliament.