Local Government in Scotland Act 2003

16 Community planning: further provision S

(1) It is the duty of—

(a) a local authority;

(b) a Health Board;

F1 (c) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F2 (d) the Scottish Fire and Rescue Service,]

(e) the chief constable of [F3 the Police Service of Scotland];

(f) Scottish Enterprise;

(g) Highlands and Islands Enterprise;

(h) Strathclyde Passenger Transport Authority,

[F4 (i) a Transport Partnership created under the Transport (Scotland) Act 2005 (asp 12)]

to participate in community planning.

(2) It is the duty of the bodies, office-holders and other persons specified in paragraphs (a) to [F5 (i)] of subsection (1) above to assist the local authority in the discharge of its duties under section 15 above.

(3) The Scottish Ministers may, by order, modify subsection (1) above by adding a reference to any eligible body or deleting the reference to any body, person or office-holder.

(4) In subsection (3) above, an “eligible body” is—

(a) a public authority or body;

(b) a body which, not being a public body, has functions of a public nature or engages in activities of that nature; or

(c) a person or office-holder who has such functions or engages in such activities.

(5) An order under subsection (3) above adding a reference may, as respects the body referred to—

(a) specify the area or areas in respect of which the duty imposed by subsection (1) above is to be performed;

(b) modify that duty.

(6) The Scottish Ministers shall, before exercising the power in subsection (5) above, consult—

(a) the body to be referred to; and

(b) each local authority in the area of which the body provides public services.

(7) An order under this section shall be made by statutory instrument, but shall not be made unless a draft of the instrument has been laid before and approved by resolution of the Scottish Parliament.

(8) The Scottish Ministers shall, when discharging any function of theirs which might affect—

(a) community planning; or

(b) any authority or body which or office-holder or person who must or might participate or is participating in it,

promote and encourage the use of community planning.

Textual Amendments

F1 S. 16(1)(c) repealed (1.4.2013) by Police and Fire Reform (Scotland) Act 2012 (asp 8), ss. 46(1)(a), 129(2) (with s. 100); S.S.I. 2013/51, art. 2 (with transitional provisions and savings in S.S.I. 2013/121)

F2 S. 16(1)(d) substituted (1.4.2013) by Police and Fire Reform (Scotland) Act 2012 (asp 8), s. 129(2), Sch. 7 para. 64; S.S.I. 2013/51, art. 2 (with transitional provisions and savings in S.S.I. 2013/121)

F3 Words in s. 16(1)(e) substituted (1.4.2013) by Police and Fire Reform (Scotland) Act 2012 (asp 8), ss. 46(1)(b), 129(2) (with s. 100); S.S.I. 2013/51, art. 2 (with transitional provisions and savings in S.S.I. 2013/121)

F4 S. 16(1)(i) inserted (3.4.2006) by Transport (Scotland) Act 2005 (asp 12), ss. 4, 54(2), sch. 1 para. 11(a)(i); S.S.I. 2005/454, art. 2, Sch. 3

F5 Word in s. 16(2) substituted (3.4.2006) by Transport (Scotland) Act 2005 (asp 12), ss. 4, 54(2), sch. 1 para. 11(a)(ii); S.S.I. 2005/454, art. 2, Sch. 3