Local Government (Scotland) Act 1973

Section 43.

SCHEDULE 7 Meetings and Proceedings of Local Authorities

1 (1) A council shall hold in every year such meetings as they think necessary and in an election year shall hold a meeting within 21 days from the date of the election.

(2) Meetings shall be held at such hours and on such days as the council at their first meeting decide or by standing order determine.

(3) Meetings shall be held at such place, either within or without their area, as the council may direct.

(4) A special meeting may be called at any time by the chairman of the council or on the requisition of at least one-fourth of the whole number of members of the council, which meeting shall be held within 14 days of receipt of the requisition by the proper officer of the council.

2 (1) Three clear days at least before a meeting of a council—

(a) notice of the time and place of the intended meeting shall be published at the council's offices and, where the meeting is called by members of the council, the notice shall be signed by those members and shall specify the business proposed to be transacted thereat; and

(b) a summons to attend the meeting, specifying the business to be transacted thereat and signed by the proper officer of the council, shall, subject to sub-paragraph (2) below, be left at or sent by post to the usual place of residence of every member of the council.

(2) If a member of a council gives notice in writing to the proper officer of the council that he desires summonses to attend meetings of the council to be sent to him at some address specified in the notice other than his place of residence, any summons addressed to him and left at or sent by post to that address shall be deemed sufficient service of the summons.

(3) Want of service of a summons on any member of a council shall not affect the validity of a meeting of the council.

(4) Except in the case of business required by or under this or any other Act to be transacted at a meeting of a council, no business shall be transacted at a meeting of the council other than that specified in the summons relating thereto.

3 (1) At a meeting of a council the chairman, if present, shall preside.

(2) If the chairman is absent from a meeting of the council, another member of the council chosen by the members of the council present shall preside.

4 (1) Subject to sub-paragraph (2) below, no business shall be transacted at a meeting of a council unless at least one-fourth of the whole number of members of the council are present.

(2) Where there are at the same time vacancies in the case of more than one-third of the members of a council, then until the number of members in office is increased to not less than two-thirds of the whole number of members of the council, the quorum of the council shall be determined by reference to the number of members of the council remaining instead of by reference to the whole number of members of the council, so however that the quorum shall never be less than one-eighth of the whole number of members of the council or three members, whichever is the greater number.

5 (1) Subject to this or any other Act, all questions coming or arising before a council shall be decided by a majority of the members of the council present and voting thereon at a meeting of the council.

(2) In the case of an equality of votes the person presiding at the meeting shall have a second or casting vote except where the matter which is the subject of the vote relates to the appointment to any particular office or committee, in which case the decision shall be by lot.

6 The names of the members present at a meeting of a council shall be recorded.

7 (1) Minutes of the proceedings of a meeting of a council shall be drawn up and shall be signed at the same or next following meeting of the council by the person presiding thereat, and any minute purporting to be so signed shall be received in evidence without further proof.

(2) Until the contrary is proved, a meeting of a council a minute of whose proceedings has been made and signed in accordance with this paragraph shall be deemed to have been duly convened and held, and all the members present at the meeting shall be deemed to have been duly qualified.

8 Subject to the provisions of this Act, a council may make standing orders for the regulation of their proceedings and business and may vary or revoke any such orders.

9 The proceedings of a council shall not be invalidated by any vacancy among their number or by any defect in the election or qualifications of any member thereof.

10 (1) Paragraphs 5 to 9 above (except paragraph 7(2)) shall apply in relation to a committee of a council (including a joint committee) or a sub-committee of any such committee as they apply in relation to a council.

(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 present at the meeting shall be deemed to have been duly qualified.