Local Government (Scotland) Act 1947

125 Disqualification for membership of committees, joint committees and joint boards.

A person who is disqualified under Part II of this Act for being elected or being a member of a local authority shall be disqualified for being—

(a) a member of a committee or sub-committee of that authority, including any committee to which section fifty-two of this Act applies (as respects the members thereof other than any ex officio members), so however that, as respects a sub-committee appointed by an education committee for the management of educational establishments, the disqualification in paragraph (a) of subsection (1) of section fifty-two of this Act shall not apply to preclude—

(i) a teacher or other member of the educational staff employed by the authority being a representative on that sub-committee of such teachers or educational staff, or

(ii) any other person employed by the authority being a member of that committee if the duties of that other person do not relate to any of the functions of the sub-committee; and

(b) a representative of that authority on a joint committee or joint board,

whether the committee, subcommittee, joint committee or joint board are appointed under this Act or any other enactment or any statutory order, and the provisions of section fifty-three of this Act shall apply as respects any such person subject to the following and other necessary modifications:—

(i) in the case of any committee which exercise functions not vested in the authority appointing the committee, either the committee or the authority, and in the case of a joint committee or joint board, either the joint committee or joint board or the authority appointing the person to be a member of the joint committee or joint board, may pass a resolution under the said section fifty-three, and in either of the said cases proceedings may be instituted under the said section fifty-three either by the committee or joint committee or joint board, as the case may be, or by the authority or by any four or more local government electors for the area of the authority; and

(ii) in the case of a joint committee or joint board, the sheriff shall be the sheriff of the county in which the area of the authority which appointed the person to be a member of the committee or board is situated.