Local Government (Scotland) Act 1975

23 Authorities subject to investigation. S

(1) This Part of this Act applies to the following authorities—

(a) any local authority;

(b) any committee, joint committee or joint board the members of which, other than ex officio members, are appointed by one or more local authorities;

(c) any education committee, joint committee of education authorities, and any person or body which discharges the functions of an education authority by virtue of an arrangement made under Schedule 10 to the Act of 1973;

(d) any water development board within the meaning of [F1 the M1 Water (Scotland) Act 1980];

(e) any river purification board within the meaning of section 135 of the Act of 1973;

(f) any person or body which by virtue of section 56(1) of the Act of 1973 discharges any of the functions of a local authority.

[F2 [F3 (g) Scottish Homes, in respect only of any of its actions as a landlord;]

(h) subject to subsection (2A) below, any development corporation established under an order made, or having effect as if made under the New Towns (Scotland) Act M2 1968 (in this section and section 24 of this Act referred to as a “new town development corporation”);]

[F4 (i) any licensing board within the meaning of the Licensing (Scotland) Act 1976.]

(2) Without prejudice to subsection (1)(f) above, this Part of this Act applies to—

(a) any joint committee constituted by an administration scheme under section 36 of the M3 Fire Services Act 1947;

(b) any joint police committee constituted by an amalgamation scheme made or approved under the M4 Police (Scotland) Act 1967;

(c) any social work committee established under section 2 of the M5 Social Work (Scotland) Act 1968;

(d) any Children’s Panel Advisory Committee formed under paragraph 3 of Schedule 3 to the said Act of 1968;

(e) any joint committee, for the administration of superannuation schemes for persons employed in local government service or teachers, established by regulations under section 7 or 9 of the M6 Superannuation Act 1972 respectively.

[F5 (2A) The application of this Part of this Act to any new town development corporation by virtue of subsection (1)(h) above extends only to the Corporation’s functions in relation to housing.]

(3) Her Majesty may by Order in Council provide that this Part of this Act shall also apply, subject to any modifications or exceptions specified in the Order, to any authority specified in the Order, being an authority which is established by or under an Act of Parliament, and which has power to levy a rate, or to issue a requisition.

(4) An Order made by virtue of subsection (3) above shall be subject to annulment in pursuance of a resolution of either House of Parliament.

Textual Amendments

F1 Words substituted by virtue of Water (Scotland) Act 1980 (c. 45, SIF 130), Sch. 9 para. 3

F2 S. 23(1)(g)(h) added by Law Reform (Miscellaneous Provisions) (Scotland) Act 1985 (c. 73, SIF 57), s. 55(1)(a)

F3 S. 23(1)(g) substituted by Housing (Scotland) Act 1988 (c. 43, SIF 61), ss. 1, 3(1)(3), Sch. 2 para. 4

F4 S. 23(1)(i) inserted by Local Government Act 1988 (c. 9, SIF 81:1, 2), s. 29, Sch. 3 para. 12

F5 S. 23(2A) added by Law Reform (Miscellaneous Provisions) Act 1985 (c. 73, SIF 57), s. 55(1)(b)

Marginal Citations

M1 1980 c. 45.

M2 1968 c.16 (123:4).

M3 1947 c. 41.

M4 1967 c. 77.

M5 1968 c. 49.

M6 1972 c. 11.