The Local Authorities (Publicity Account) (Exemption) (Scotland) Order 1988

Citation, commencement and interpretation

1.—(1) This Order may be cited as the Local Authorities (Publicity Account) (Exemption) (Scotland) Order 1988, and shall come into force on 1st April 1988.

(2) This Order applies to Scotland.

2.  In this Order—

• “educational establishment” and “pupil” have the same meanings as in section 135(1) of the Education (Scotland) Act 1980(1);

• “section 5(1)” means section 5(1) of the Local Government Act 1986.

Expenditure on staff and equipment

3.  Section 5(1) does not apply—

(a) to expenditure arising from the employment by a local authority of any person who is wholly or mainly engaged on duties relating to publicity which is exempted from the requirement to account in pursuance of article 7 below; or

(b) to expenditure arising from the employment by a local authority of any person who is not engaged wholly or mainly on duties relating to publicity; or

(c) to expenditure which is attributable to the purchase, hire, distribution, operation or maintenance of office equipment or supplies, and which either—

(i) constitutes, or forms part of, an item of account relating exclusively to equipment and supplies which are wholly or mainly for use on publicity which is exempted from the requirement to account in pursuance of article 7 below, or

(ii) constitutes, or forms part of, an item of account relating exclusively to equipment and supplies which are not wholly or mainly for use on publicity.

Expenditure by way of assistance to other persons

4.  Section 5(1) does not apply to expenditure by way of financial or other assistance given to another person to enable that person to carry out an activity which does not consist wholly or mainly of publicity.

Expenditure incidental to works

5.  Section 5(1) does not apply to expenditure incurred where—

(a) a person has a contract to carry out works or provide services for or on behalf of a local authority (not being works or services which consist wholly or mainly of publicity), and

(b) the authority makes a payment to that person for publicity which is incidental to those works or services.

Annual expenditure of less that £3,000

6.  Section 5(1) does not apply to expenditure incurred in any financial year where—

(a) a local authority resolves before the commencement of that year not to spend more than £3,000 on publicity; and

(b) that limit is not exceeded by the authority in the course of that year.

Exemption of certain descriptions of publicity

7.  Section 5(1) does not apply to any publicity within one or more of the descriptions in the Schedule hereto except where that publicity—

(a) forms part of a campaign; or

(b) is a newspaper or periodical published by or on behalf of the local authority; or

(c) is a press notice issued by such an authority; or

(d) entails expenditure which—

(i) is by way of financial or other assistance to another person to enable that person to carry out an activity which consists wholly or mainly of publicity; or

(ii) is concerned with the recruitment of staff.

James Douglas-Hamilton

Parliamentary Under Secretary of State, Scottish Office

New St Andrew’s House,

Edinburgh

23rd February 1988