Local Government (Scotland) Act 1947

98 Security to be given by officers.

(1) Every local authority in the case of each of the treasurer, the collector, and such other officers as the Secretary of State may prescribe shall, and in the case of any other officer employed by them may, require the officer to obtain in name of the authority from any company accepted by the Court of Session as cautioner for a judicial factor appointed by the court security for the faithful execution of his office and for his duly accounting for all money or property which may be entrusted to him to such amount as the local authority think sufficient, not being less in the case of a treasurer or a collector of a county council or a town council than one thousand pounds.

(2) The provisions of the foregoing subsection shall apply in the case of an officer of a local authority holding office at the commencement of this Act, except in so far as security has been provided by him which complies with that subsection.

(3) If any officer of a local authority fails to provide security in accordance with subsection (1) of this section within three months after the date on which the authority have required him to do so, he shall be deemed to have resigned from his office at the expiration of the said period of three months.

(4) A local authority may, in the case of a person who is not employed by them but who or whose employees are or are likely to be entrusted with the custody or control of money or property belonging to the authority, require such person .to obtain in name of the authority or themselves take from any such company as aforesaid such security as they think sufficient for all such money or property being duly accounted for.

(5) The local authority shall defray the premium in respect of any security taken under this section.

(6) Every such deed of security shall be delivered to and remain in the custody of the clerk of the authority or other officer designated by the authority for the purpose and shall be produced by the clerk or other officer to the auditor at the audit of the accounts of the authority, and the auditor shall in each case report whether in his opinion security of a sufficient amount has been provided and whether the premiums payable have been duly paid.