PART 5 PROVISIONS COMMON TO COMMISSION AND COUNCIL

Grants and guarantees

60 Grants

1

The Scottish Ministers may make grants to F5... the Council towards expenses incurred, or to be incurred, by it in connection with—

a

the initial establishment of the F6Council; and

b

the discharge by F7the Council of its functions.

2

Any grant made under subsection (1) above may be made on such terms and subject to such conditions (including conditions as to repayment) as the Scottish Ministers think fit; and the Scottish Ministers may from time to time after the grant is made vary such terms and conditions.

61 Guarantees

1

The Scottish Ministers may guarantee, in such manner and on such conditions as they think fit, the discharge of any financial obligation in connection with any sum which F8... the Council borrows from any person.

2

Where the Scottish Ministers give a guarantee under this section they shall forthwith lay a statement of the guarantee before the Parliament.

3

Where any sum is paid out in fulfilment of a guarantee under this section, the Scottish Ministers shall, as soon as reasonably practicable after the end of each financial year (beginning with that in which the sum is paid out and ending with that in which all liability in respect of the principal of the sum and in respect of interest on it is finally discharged), lay before the Parliament a statement relating to that sum.

4

Where any sum is paid out in fulfilment of a guarantee under this section, F9... the Council, shall make to the Scottish Ministers, at such times and in such manner as they may from time to time direct—

a

payments of such amounts as they may so direct in or towards repayment of the sum so paid out; and

b

payment of interest, at such rate as they may so direct, on what is outstanding for the time being in respect of that sum.

Duty to consult

62Duty of Commission and Council to consult each other

The F10... Council shall F11..., in the exercise of its functions, consult F12Social Care and Social Work Improvement Scotland in every case in which it appears to the F13Council appropriate that there should be such consultation.

63 Guidance as to consultation

The Scottish Ministers shall issue guidelines to F14... the Council as to the fulfilment, by the F15Council, of any requirement under this Act to consult any person or group of persons.

Complaints, inquiries and maladministration

64 Complaints procedure

1

F16The Council shall establish a procedure by which a person, or someone acting on a person’s behalf, may make complaints (or other representations) in relation to the exercise by the F17Council of, or failure by it to exercise, any of its functions under this Act in respect of the person.

2

Before establishing a procedure under subsection (1) above, the F18Council shall consult the Scottish F2Public Services Ombudsman on its proposals for such a procedure F3....

3

The F19Council shall keep the procedure so established by it under review and shall vary that procedure whenever, F4after such consultation, it considers it appropriate to do so.

4

The F20Council shall give such publicity to that procedure (including that procedure as varied under subsection (3) above) as it considers appropriate and shall give a copy of the procedure to any person who requests it.

65 Inquiries

1

The Scottish Ministers may cause an inquiry to be held into any matter connected with—

a

the exercise F21... by the Council of its functions; F22or

F22b

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F232

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

3

The Council may cause an inquiry to be held into any matter connected with the exercise of its functions.

4

Before there is commenced an inquiry—

a

under subsection (1) above, the Scottish Ministers;

F24b

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

c

under subsection (3) above, the Council,

may direct that it be held in private; but where no such direction has been given the person holding the inquiry may if that person thinks fit hold it, or any part of it, in private.

5

Subsections (2) to (8) of section 210 of the Local Government (Scotland) Act 1973 (c.65) (provisions relating to local inquiries) shall apply in relation to an inquiry under subsection (1) above as they apply in relation to a local inquiry under that section.

6

Subsections (2) to (6) of that section shall apply in relation to an inquiry under subsection F25... (3) above as they apply in relation to such a local inquiry; except that, for the purposes of an inquiry under—

F26a

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

b

subsection (3) above, any such reference in those subsections shall be construed as a reference to the Council or, as the case may be, to an officer of the Council.

7

The expenses incurred F27... by the Council in relation to an inquiry under subsection F28(3) above (including such reasonable sum as the F29Council may determine for the services of any of its officers engaged in the inquiry) shall, unless F30the Council is of the opinion that those expenses should be defrayed in whole or in part by it, be paid by such party to the inquiry as it may direct; and the F31Council may certify the amount of the expenses so incurred.

8

Any sum certified under subsection (7) above and to be defrayed in accordance with a direction under that subsection shall be a debt due by the party directed and shall be recoverable accordingly.

9

In relation to an inquiry under—

F32a

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

b

subsection (3) above, the Council,

may make an award as to the expenses of the parties and as to the parties by whom such expenses shall be paid.

F166. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .