Local Government (Scotland) Act 1947

General Power to Appoint Committees and Provisions as to Committees.

115 Appointment of committees and sub-committees.

(1) A local authority may appoint a committee for the purpose of any of the functions exercisable by the authority and may refer or direct that there shall stand referred to a committee so appointed all or any matters relating to any such function, and, save as otherwise provided in this Part of this Act, may delegate to a committee so appointed with or without restrictions or conditions as the authority think fit any function so exercisable, and a function so referred or delegated may relate to the whole or a part of the area of the authority:

Provided that nothing in this subsection shall authorise the appointment of a committee for any purpose for which a local authority are authorised or required to appoint a committee by this Act or any other enactment or any statutory order.

(2) A committee appointed by a local authority, whether under the preceding subsection or otherwise, may, subject to the provisions of this Part of this Act or of any administrative scheme thereunder, to any standing orders or to any directions by the authority, appoint sub-committees and may delegate to a sub-committee any of their functions, but only so far as they are authorised to do so by standing orders or any directions by the authority.

116 Constitution of committees and sub-committees and term of office of members thereof.

(1) Save as otherwise provided in this Act or any other enactment or any statutory order with respect to any committee or sub-committee—

(a) a committee appointed by a local authority and a sub-committee thereof shall consist wholly of members of the authority; and

(b) a local authority shall determine the number of members of a committee appointed by the authority and shall fix the term of office of members of the committee.

(2) Every member of a committee appointed by a local authority who at the time of appointment is a member of the authority shall, upon his ceasing to be a member of the authority, also cease to be a member of the committee.

117 Proceedings of committees and sub-committees.

(1) A local authority appointing a committee may appoint a member of the committee to be the convener or chairman thereof and a member to be the vice-convener or vice-chairman.

(2) A committee-of a local authority appointing a subcommittee may, subject to any standing orders or any directions by the authority, appoint a member of the sub-committee to be the convener or chairman thereof and a member to be vice-convener or vice-chairman.

(3) A local authority may make, vary and revoke standing orders respecting the quorum, proceedings (including the keeping of minutes) and place of meeting of committees appointed by the authority and of any sub-committee thereof and other matters mentioned in this section, but subject to any such standing orders or to any directions by the authority, the quorum, proceedings and place of meeting shall be such as the committee or sub-committee, as the case may be, may determine.

(4) Subject to any standing orders or any directions by the local authority, every committee shall report its proceedings to the authority, and every sub-committee shall report its proceedings to the committee appointing the sub-committee.

(5) The foregoing provisions of this section shall apply—

(a) subject to the provisions of this Act and of any administrative scheme which may be applicable; and

(b) in the case of a committee or sub-committee appointed under an enactment other than this Act or any statutory order or a committee appointed under this Act but exercising the functions of a committee provided for under an enactment other than this Act or a statutory order, subject to the provisions of that other enactment or that statutory order.