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Local Government (Scotland) Act 1973

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This is the original version (as it was originally enacted).

49Provisions supplementary to sections 45 to 48

(1)Sections 45 to 47 of this Act shall apply to the following bodies—

(a)all local authorities;

(b)Valuation Appeal Committees established under the [1956 c. 60.] Valuation and Rating (Scotland) Act 1956;

(c)any joint committee of two or more local authorities, whether appointed or established under this Act or any other enactment;

(d)any board, joint board, joint authority or other combined body, all the members of which are representatives of local authorities;

(e)any body prescribed for the purposes of those sections and on which any such body as is mentioned in any of the foregoing paragraphs is represented; and

(f)the Commission for Local Authority Accounts in Scotland.

(2)In sections 45, 46 and 48 of this Act, the expression " approved duty ", in relation to a member of a body, means any of the following duties, that is to say—

(a)attendance at a meeting of the body, or of any of its committees or sub-committees;

(b)the doing of any other thing approved by the body, or anything of a class so approved, for the purpose of, or in connection with, the discharge of the functions of the body, or of any of its committees or sub-committees ;

(c)where, in pursuance of a duty imposed on or a power granted to the body by any enactment or instrument (including a Royal Charter), he has been appointed by or on the nomination of the body to be a member of some other body prescribed for the purposes of this paragraph (whether or not also prescribed for the purposes of sections 45 to 47 of this Act), the doing of anything as a member of that other body for the purpose of, or in connection with, the discharge of the functions of that other body.

(3)For the purposes of sections 45 to 48 of this Act a member of a committee or sub-committee of a local authority or other body mentioned in subsection (1) above shall be deemed to be a member of that body.

(4)Section 38(4) of this Act shall apply in relation to a member of any body mentioned in subsection (1) above to whom it would not otherwise apply as it applies in relation to a member of a local authority ; and no other enactment or instrument shall prevent a member of any such body from taking part in the consideration or determination of any allowance or other payment under any of the provisions of sections 45 to 48 of this Act.

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