Local Government (Scotland) Act 1973

Staff S

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) sections 18 and 19 of the M1 Fire Services Act 1947 (chief officers and members of fire brigades);

(b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F1

[F2 (bb) section 9 of the Mental Health (Scotland) Act 1984 (appointment of mental health officers);]

(c) section 86 of the M2 Education (Scotland) Act 1962 (directors of education);

(d) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F3

(e) section 3 of the M3 Social Work (Scotland) Act 1968 (directors of social work);

(f) section 36 of the M4 Social Work (Scotland) Act 1968 (reporters); and

(g) section 67(3)(b) of the M5 Agriculture Act 1970 (agricultural analysts and deputies).

(6) Nothing in this section affects the operation of section 7 of the M6 Registration of Births, Deaths and Marriages (Scotland) Act 1965 (registrars) or the operation of the M7 Local Authorities (Goods and Services) Act 1970.

(7) Nothing in subsections (1)

and (2) above affects the operation of section 9 of the M8 Police (Scotland) Act 1967 (employees other than constables).

Textual Amendments

F1 S. 64(5)(b) repealed by Statute Law (Repeals) Act 1989 (c. 43), s. 1(1), Sch. 1 Pt. XI

F2 S. 64(5)(bb) substituted by virtue of Mental Health (Scotland) Act 1984 (c. 36, SIF 85), s. 127(1), Sch. 3 para. 21

F3 S. 64(5)(d) repealed by Weights and Measures Act 1985 (c. 72, SIF 131), s. 98, Sch. 13 Pt. I

Modifications etc. (not altering text)

C1 S. 64 applied (temp. from 6.4.1995 until 1.4.1996) by S.I. 1995/789, art. 2, Sch. para. 3

C2 S. 64(3) extended with modifications by S.I. 1987/800, reg. 20(2)

Marginal Citations

M1 1947 c. 41.

M2 1962 c. 47.

M3 1968 c. 49.

M4 1968 c. 49.

M5 1970 c. 40.

M6 1965 c. 49.

M7 1970 c. 39.

M8 1967 c. 77.

65 Placing of staff of local authorities at disposal of other local authorities. S

(1) Without prejudice to any powers exercisable apart from this section, a local authority may enter into an agreement with another local authority for the placing at the disposal of the latter for the purposes of their functions, on such terms as may be provided by the agreement, of the services of officers employed by the former, but shall not enter into any such agreement with respect to any officer without consulting him.

(2) For superannuation purposes, service rendered by an officer of a local authority whose services are placed at the disposal of another local authority in pursuance of this section is service rendered to the authority by whom he is employed, but any such officer shall be treated for the purposes of any enactment relating to the discharge of local authorities’ functions as an officer of that other local authority.

Modifications etc. (not altering text)

C3 S. 65 extended (8.9.2000) by 2000 asp 10, s. 36, Sch. 5 para. 3; S.S.I. 2000/312, art. 2

C4 S. 65 applied (9. 5. 1991) by Tay Road Bridge Order Confimation Act 1991 (c. iv), s. 1, Sch. Pt. VIII s.63

S. 65 applied (temp. from 6.4.1995 until 1.4.1996) by S.I. 1995/789, art. 2, Sch. para. 3

66 Security to be taken in relation to officers. S

(1) A local authority shall, in the case of an officer employed by them, whether under this or any other enactment, who by reason of his office or employment is likely to be entrusted with the custody or control of money, and may, in the case of any other officer employed by them, take such security for his duly accounting for all money or property which may be entrusted to him, as the local authority consider sufficient.

(2) A local authority may, in the case of a person not employed by them but who is likely to be entrusted with the custody or control of money or property belonging to the local authority, take such security as they think sufficient for the person duly accounting for all such money or property.

(3) A local authority shall defray the cost of any security taken under this section, and every such security shall be produced to the auditor at the audit of the accounts of the local authority.

Modifications etc. (not altering text)

C5 S. 66 applied (temp. from 6.4.1995 until 1.4.1996) by S.I. 1995/789, art. 2, Sch. para. 3

67 Members of local authorities not to be appointed as officers. S

A person shall, so long as he is, and for twelve months after he ceases to be, a member of a local authority, be disqualified for being appointed by that authority to any paid office, other than to the office of chairman [F4 or vice-chairman].

Textual Amendments

F4 Words inserted by Local Government and Planning (Scotland) Act 1982 (c. 43), Sch. 3 para. 15

Modifications etc. (not altering text)

C6 S. 67 applied (with modifications) (temp. from 6.4.1995 until 1.4.1996) by S.I. 1995/789, art. 2, Sch. para. 3

68 Disclosure by officers of interest in contracts. S

(1) If it comes to the knowledge of an officer employed whether under this Act or any other enactment, by a local authority that a contract in which he has any pecuniary interest, whether direct or indirect (not being a contract to which he is himself a party), has been, or is proposed to be, entered into by the authority or any committee thereof, he shall, as soon as practicable, give notice in writing to the authority of the fact that he is interested therein.

For the purposes of this section, an officer shall be treated as having indirectly a pecuniary interest in a contract or proposed contract if he would have been so treated by virtue of section 39 of this Act had he been a member of the authority.

(2) An officer of a local authority shall not, under colour of his office or employment, accept any fee or reward whatsoever other than his proper remuneration.

(3) Any person who contravenes the provisions of subsection (1) or (2) above shall be liable on summary conviction to a fine not exceeding [F5 level 4 on the standard scale].

(4) References in this section to a local authority shall include references to a joint committee appointed under section 57 of this Act or any other enactment.

Textual Amendments

F5 Words substituted by virtue of Criminal Procedure (Scotland) Act 1975 (c. 21), ss. 289F, 289G (as inserted by Criminal Justice Act 1982 (c. 48), s. 54)

Modifications etc. (not altering text)

C7 S. 68 applied (9. 5. 1991) by Tay Road Bridge Order Confirmation Act 1991 (c. civ), s. 1 Sch. Pt. III s.9

S. 68 applied (temp. from 6.4.1995 until 1.4.1996) by S.I. 1995/789, art. 2, Sch. para. 3