The Commissioner for Local Administration in Scotland (Expenses) Regulations 1989

Statutory Instruments

1989 No. 98 (S. 13)

LOCAL GOVERNMENT, SCOTLAND

The Commissioner for Local Administration in Scotland (Expenses) Regulations 1989

Made

25th January 1989

Laid before Parliament

27th January 1989

Coming into force

17th February 1989

The Secretary of State, in exercise of the powers conferred upon him by section 22(3) of the Local Government (Scotland) Act 1975((1)) and of all other powers enabling him in that behalf, and after consultation with such associations of local authorities as appear to him to be concerned, hereby makes the following Regulations:

Citation and commencement

1.  These Regulations may be cited as the Commissioner for Local Administration in Scotland (Expenses) Regulations 1989 and shall come into force on 17th February 1989.

Interpretation

2.  In these Regulations—

“the 1973 Act” means the Local Government (Scotland) Act 1973((2));

“the 1975 Act” means the Local Government (Scotland) Act 1975;

“the Commission” means the Commission for Local Authority Accounts in Scotland established under section 97(1) of the 1973 Act;

“the designated body for Scotland” means the Commission, which is designated ((3)) by the Secretary of State under section 22(1) of the 1975 Act as the designated body for Scotland;

“financial year” means a period of 12 months ending with 31st March.

Expenses

3.  All expenses incurred by the designated body for Scotland in connection with the discharge of its functions under Part II of the 1975 Act shall, in relation to the financial year 1989-90 and each subsequent financial year, be defrayed by regional and islands councils in proportion to the total population aged 18 or over of their respective areas, as first estimated by the Registrar General of Births, Deaths and Marriages in Scotland in relation to 30th June of the year immediately preceding that financial year.

4.  Each regional and islands council shall pay to the designated body for Scotland—

(a) such instalments in respect of the amount due by the council for the financial year 1989-90 and each subsequent financial year under regulation 3 of these Regulations, and

(b) at such intervals in that financial year,

as may be agreed between the council and the designated body for Scotland or, in the case of disagreement, as may be determined by the Secretary of State.

Ian Lang

Minister of State, Scottish Office

St Andrew’s House,

Edinburgh

25th January 1989

Explanatory Note

(This note is not part of the Regulations)

Schedule 4 to the Local Government (Scotland) Act 1975 provides for the remuneration of, and other expenses incurred by, the Commissioner for Local Administration in Scotland and his officers being met by “the body designated for Scotland” . The Secretary of State has designated the Commission for Local Authority Accounts in Scotland as that body.

These Regulations make new provision in relation to the financial year 1989-90 and each subsequent financial year for the expenses incurred by that designated body in the discharge of its functions under Part II of the 1975 Act being met by regional and islands councils.

Regulation 3 provides that the expenses of the designated body, in relation to each of those financial years, are to be met by regional and islands councils in proportion to their adult population as first estimated by the Registrar General of Births, Deaths and Marriages in Scotland in relation to 30th June in the preceding year.

Regulation 4 provides for the payment to the designated body by each regional and islands council of instalments in respect of the amount due from them for each of those financial years under the Regulations.

(1)

1975 c. 30

(2)

1973 c. 65

(3)

S.I. 1975/1974