C1Part V Internal Organisation
Staff
C264 Appointment etc. of staff.
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.
C33
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 M1Fire Services Act 1947 (chief officers and members of fire brigades);
b
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F1
F2bb
section 9 of the Mental Health (Scotland) Act 1984 (appointment of mental health officers);
c
section 86 of the M2Education (Scotland) Act 1962 (directors of education);
d
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F3
e
section 3 of the M3Social Work (Scotland) Act 1968 (directors of social work);
f
section 36 of the M4Social Work (Scotland) Act 1968 (reporters); and
g
section 67(3)(b) of the M5Agriculture Act 1970 (agricultural analysts and deputies).
6
7
Nothing in subsections (1)
and (2) above affects the operation of section 9 of the M8Police (Scotland) Act 1967 (employees other than constables).
Pt. V (ss. 56-68): Power to apply conferred (6.4.1995) by 1994 c. 39, s. 27(9); S.I. 1995/702, art. 4(1), Sch. 2 para. 9 (with s. 7(2))