Local Government (Scotland) Act 1973

[F1 Part III S Interpretation

Textual Amendments

F1 Sch. 7A inserted by Local Government (Access to Information) Act 1985 (c. 43, SIF 81:1, 2), s. 2(2), Sch. 1 Pt. II

1 (1) In this Schedule— S

• “child” means a person under the age of eighteen years and any person who has attained that age and is in attendance as a pupil at a school;

• “disposal” in relation to property, includes the granting of an interest in or right over it;

• “employee” means a person employed under a contract of service;

• “financial or business affairs” includes contemplated, as well as past or current, activities;

• “labour relations matter” means—

(a) any of the matters specified in paragraphs (a) to (g) of section 29(1) of the M1 Trade Union and Labour Relations Act 1974 (matters which may be the subject of a trade dispute, within the meaning of that Act); or

(b) any dispute about a matter falling within paragraph (a) above;

and for the purposes of this definition the enactments mentioned in paragraph (a) above, with the necessary modifications, shall apply in relation to office-holders under the authority as they apply in relation to employees of the authority;

• “office-holder”in relation to the authority, means the holder of any paid office appointments to which are or may be made or confirmed by the authority or by any joint board on which the authority is represented or by any person who holds any such office or is an employee of the authority;

• “protected informant” means a person giving the authority information which tends to show that—

(a) a criminal offence,

(b) a breach of statutory duty,

(c) a breach of planning control, [F2 within the meaning of section 123(1) of the Town and Country Planning (Scotland) Act 1997], or

(d) a nuisance,

has been, is being or is about to be committed;

“tender for a contract” includes a written statement prepared by the authority in pursuance of section 9(2) of the M2 Local Government, Planning and Land Act 1980 (estimated cost of carrying out functional work by direct labour).

(2) Any reference in this Schedule to “the authority” is a reference to the local authority or, as the case may be, the committee or sub-committee [F3 or relevant body] in relation to whose proceedings or documents the question whether information is exempt or not falls to be determined and includes a reference—

(a) in the case of a local authority, to any committee or sub-committee of, or constituted by, the authority; [F4 and]

(b) in the case of a committee or sub-committee, to—

(i) any local authority [F5 or relevant body] of which it is a committee or sub-committee or by which it is constituted; and

(ii) any other committee or sub-committee of, or constituted by, that local authority [F5 or relevant body] or the committee in question;

and for the purposes of this sub-paragraph a committee or sub-committee is “constituted” by a local authority if the authority is its constituent authority within the meaning of section 50E(3) above.]

Textual Amendments

F2 Words in the definition of "protected informant" in Sch. 7A Pt. III para. 1(1) substituted (27.5.1997) by 1997 c. 11, ss. 4, 6(2), Sch. 2 para. 22

F3 Words in Sch. 7A Pt. III para. 1(2) inserted (30.9.1996) by S.I. 1996/2278, art. 2(6)(a)

F4 Word in Sch. 7A Pt. III para. 1(2) ceases to have effect (30.9.1996) by virtue of S.I. 1996/2778, art. 2(6)(b)

F5 Words in Sch. 7A Pt. III para. 1(2)(b)(i)(ii) inserted (30.9.1996) by S.I. 1996/2778, art. 2(6)(c)

Marginal Citations

M1 1974 c. 52(43:5).

M2 1980 c. 65(81:1).