Local Government (Scotland) Act 1975

Section 24.

SCHEDULE 5 S Matters not Subject to Investigation

1 The commencement or conduct of civil or criminal proceedings before any court of law.

2 Action taken by [F1 any police authority or any joint police committee constituted by an amalgamation scheme made or approved under the Police (Scotland) Act 1967] in connection with the investigation or prevention of crime.

Textual Amendments

F1 Words substituted by S.I. 1988/1306, art. 2

3 (1) Action taken in matters relating to contractual or other commercial transactions of any authority to which Part II of this Act applies, including transactions falling within sub-paragraph (2) below but excluding transactions falling within sub-paragraph (3) below.

(2) The transactions mentioned in sub-paragraph (1) above as included in the matters which, by virtue of that sub-paragraph, are not subject to investigation are all transactions of an authority to which Part II of this Act applies relating to the operation of public passenger transport, the carrying on of a dock or harbour undertaking, the provision of entertainment, or the provision and operation of industrial establishments and of markets.

(3) The transactions mentioned in sub-paragraph (1) above as not included in those matters are—

(a) transactions for or relating to the acquisition or disposal of land; and

(b) all transactions (not being transactions falling within sub-paragraph (2) above) in the discharge of functions exercisable under any public general Act, other than those required for the procurement of the goods and services necessary to discharge those functions.

4 Action taken in respect of appointments or removals, pay, discipline, superannuation or other personnel matters.

5 Any action concerning—

(a) the giving of instruction, whether secular or religious, or

(b) conduct, curriculum, internal organisation, management or discipline,

in any educational establishment under the management of an education authority.