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Local Government in Scotland Act 2003

The Act – an Overview

6.The Act provides:

  • a duty to secure Best Value in local government service provision;

  • an extension of the Accounts Commission for Scotland’s powers to hold hearings and publish findings so that they cover issues relating to Best Value and Community Planning;

  • the provision of a Ministerial intervention power for continued or extraordinary statutory failure in Best Value or a significant misuse of the power of well being;

  • amendments to constraints on local authority trading activity, with the repeal of all existing legislation relating to compulsory competitive tendering;

  • a statutory basis for public performance reporting and arrangements to improve accountability;

  • a statutory basis for Community Planning to ensure long-term commitment to effective partnership working with communities and between local authorities and other key bodies and organisations;

  • a power of well-being to enable local authorities to work in a more innovative and creative way in responding to the needs of their communities; and

  • a vehicle to progress a number of miscellaneous provisions which relate to local government matters.

7.The Act is in the following parts:

  • Part 1: Best Value and Accountability

  • Part 2: Community Planning

  • Part 3: Power to advance Well-being

  • Part 4: Enforcement and Scrutiny

  • Part 5: Rating and council tax

  • Part 6: Waste Management

  • Part 7: Finance

  • Part 8: Miscellaneous

  • Part 9: General

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Text created by the Scottish Executive department responsible for the subject matter of the Act to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes were introduced in 1999 and accompany all Acts of the Scottish Parliament except those which result from Budget Bills

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