Local Government (Scotland) Act 1973

64 Appointment etc. of staff. S

(1) Subject to the provisions of this Act, a local authority shall appoint such officers as they think necessary for the proper discharge by the authority of their functions and the carrying out of any obligations incurred by them in connection with an agreement made by them in pursuance of section 65 of this Act.

(2) An officer appointed under subsection (1) above shall hold office on such reasonable terms and conditions, including conditions as to remuneration, as the authority appointing him think fit.

(3) Where an action has been brought against an officer of a local authority in respect of an act done by him in the execution or purported execution of any enactment and the circumstances are such that he is not legally entitled to require the authority to indemnify him, the authority may nevertheless indemnify him against the whole or a part of any damages or expenses which he may have been ordered to pay or may have incurred if they are satisfied that he honestly believed that the act complained of was within the scope of his employment and that his duty under the enactment required or entitled him to do it.

(4) Any enactment, except one mentioned in subsection (5) below, which requires or empowers local authorities or any class of local authorities to appoint a specified officer shall, to the extent that it makes any such provision, cease to have effect.

(5) The following enactments are excepted from subsection (4) above—

(a) F1 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F2 (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F3 (bb) section 9 of the Mental Health (Scotland) Act 1984 (appointment of mental health officers);]

F4 (c) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F5 (d) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(e) section 3 of the M1 Social Work (Scotland) Act 1968 ([F6 chief social work officers]);

F4 (f) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(g) section 67(3)(b) of the M2 Agriculture Act 1970 (agricultural analysts and deputies).

(6) Nothing in this section affects the operation of section 7 of the M3 Registration of Births, Deaths and Marriages (Scotland) Act 1965 (registrars) or the operation of the M4 Local Authorities (Goods and Services) Act 1970.

(7) Nothing in subsections (1) and (2) above affects the operation of section 9 of the M5 Police (Scotland) Act 1967 (employees other than constables).

Textual Amendments

F1 S. 64(5)(a) repealed (2.8.2005) by Fire (Scotland) Act 2005 (asp 5), ss. 89(2), 90, Sch. 4 (with s. 77); S.S.I 2005/392, {art. 2(k)}

F2 S. 64(5)(b) repealed by Statute Law (Repeals) Act 1989 (c. 43), s. 1(1), Sch. 1 Pt. XI

F3 S. 64(5)(bb) substituted by virtue of Mental Health (Scotland) Act 1984 (c. 36, SIF 85), s. 127(1), Sch. 3 para. 21

F4 S. 64(5)(c)(f) repealed (1.4.1996) by 1994 c. 39, s. 180(1)(2), Sch. 13 para. 92(17)(a), Sch. 14; S.I. 1996/323, art. 4(1)(c)(d), Sch. 2

F5 S. 64(5)(d) repealed by Weights and Measures Act 1985 (c. 72, SIF 131), s. 98, Sch. 13 Pt. I

F6 Words in s. 64(5)(e) substituted (1.4.1996) by 1994 c. 39, s. 180(1), Sch. 13 para. 92(17)(b); S.I. 1996/323, art. 4(1)(c)

Modifications etc. (not altering text)

C1 S. 64(3) extended with modifications by S.I. 1987/800, reg. 20(2)

Marginal Citations

M1 1968 c. 49.

M2 1970 c. 40.

M3 1965 c. 49.

M4 1970 c. 39.

M5 1967 c. 77.