Part VS Internal Organisation

Discharge of functionsS

56 Arrangements for discharge of functions by local authorities. S

(1)Subject to any express provision contained in this Act or any Act passed after this Act, a local authority may arrange for the discharge of any of their functions by a committee of the authority, a sub-committee, an officer of the authority or by any other local authority in Scotland.

[F1(2)Where by virtue of this section any function of a local authority may be discharged by any committee or sub-committee of theirs, then, unless the local authority otherwise direct—

(a)the committee may arrange for the discharge of any of those functions by a sub-committee or an officer of the authority; and

(b)the sub-committee, whether assigned the discharge of functions by the authority or by a committee, may arrange for the discharge of any such functions by an officer of the authority.]

(3)Where by virtue of this section any functions of a local authority may be discharged by another local authority, subsections (1) and (2) above shall apply in relation to those functions as they apply in relation to the functions of that other authority, except that—

(a)the foregoing provision shall have effect subject to the terms of the arrangement relating to the functions; and

(b)that other authority shall not, by virtue of this subsection, arrange for the discharge of those functions by some other local authority.

(4)Any arrangement made by a local authority or committee under this section for the discharge of any functions by a committee, sub-committee, officer or local authority shall not prevent the authority or committee by whom the arrangement is made from exercising those functions.

(5)Two or more local authorities may discharge any of their functions jointly and, where arrangements are in force for them to do so,—

(a)they may also arrange for the discharge of those functions by a joint committee of theirs or by an officer of one of them, and subsection (2) above shall apply in relation to those functions as it applies in relation to the functions of the individual authorities; and

(b)any enactment relating to those functions or the authorities by whom or the areas in respect of which they are to be discharged shall have effect subject to all necessary modifications in its application in relation to those functions and the authorities by whom and the areas in respect of which (whether in pursuance of the arrangements or otherwise) they are to be discharged.

(6)A local authority’s functions with respect to [F2determining a rate or]

[F2(a)determining a rate;

(b)determining the amount of—

(i)the personal community charge;

(ii)the personal community water charge;

(c)determining the standard community charge multiplier (within the meaning of section 10 of the Abolition of Domestic Rates Etc. (Scotland) Act 1987); or

(d)] borrowing money shall be discharged only by the authority.

(7)A local authority shall not make arrangements under this section for the discharge of any of their functions under [F3the M1Animal Health Act 1981] by any other local authority.

(8)Any enactment, except one mentioned in subsection (9)

below, which contains any provision—

(a)which empowers or requires local authorities or any class of local authorities to establish committees (including joint committees) for any purpose or enables a Minister to make an instrument establishing committees of local authorities for any purpose, or empowering or requiring a local authority or any class of local authorities to establish committees for any purpose; or

(b)which empowers or requires local authorities or any class of local authorities to arrange or to join with other authorities in arranging for the exercise by committees so established or by officers of theirs of any of their functions or provides that any specified functions of theirs shall be discharged by such committees or officers, or enables any Minister to make an instrument conferring such a power, imposing such a requirement or containing such a provision;

shall, to the extent that it makes any such provision, cease to have effect.

(9)The following enactments are exempted from subsection (8)

above—

(a)section 36 of the M2Fire Service Act 1947 so far as relating to administration schemes;

(b)sections 19, 20, 21 and 21A of the M3Police (Scotland) Act 1967 (amalgamation schemes);

(c)section 2 of the M4Social Work (Scotland) Act 1968 (social work committees);

(d)paragraph 3 of Schedule 3 to the said Act of 1968 (children’s panel advisory committees);

(e)section 7 of the M5Superannuation Act 1972 (superannuation of persons employed in local government service, etc.);

(f)section 9 of the said Act of 1972 (superannuation of teachers).

(10)This section shall not authorise a local authority to arrange for the discharge by any committee, sub-committee or local authority of any functions which, by any enactment mention in subsection (9) above, are required or authorised to be discharged by a specified committee, but the foregoing provision shall not prevent a local authority who are required by or under any such enactment to establish, or delegate functions to, a committee established by or under any such enactment from arranging under this section for the discharge of their functions by an officer of the local authority or committee, as the case may be.

(11)—(13). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F4

(14)References in this section and section 57 below to the discharge of any of the functions of a local authority include references to the doing of anything which is calculated to facilitate, or is conducive or incidental to, the discharge of any of those functions.

(15)Nothing in this section affects the operation of the M6Local Authorities (Goods and Services) Act 1970.