The Local Authorities Etc. (Allowance) (Scotland) Regulations 1991

Regulation 2(1) & (2)

SCHEDULE 1 Political Groups

Constitution of political groups

1.—(1) A political group shall be treated as constituted in relation to a local authority when there is delivered to the proper officer of the local authority a notice in writing which—

(a) is signed by two or more members of the local authority who wish to be treated as a political group; and

(b) complies with the provisions of sub-paragraph (3).

(2) A political group shall cease to be constituted if the number of persons who are to be treated as members of that group is less than two.

(3) A notice under sub-paragraph (1) shall state—

(a) that the members of the local authority who have signed it wish to be treated as a political group;

(b) the name of the group; and

(c) the name of one member of the group who has signed the notice and who is to act as its leader.

(4) A notice under sub-paragraph (1) may specify the name of one other member of the group who has signed the notice and who is authorised to act in the place of the leader when he is unable to act (“the deputy leader”).

(5) The name of the group or the name of the person who is the leader or deputy leader may be changed by a further notice in writing delivered to the proper officer and signed—

(a) in the case of a change in the name of the group or the deputy leader, by the leader of the group or a majority of the members of the group;

(b) in the case of a change of the leader of the group, by a majority of the members of the group.

Membership of political groups

2.  Subject to paragraph 4, a member of the local authority is to be treated as a member of a political group if—

(a) he has signed a notice in accordance with paragraph 1; or

(b) he has delivered to the proper officer a notice in writing which is signed by him and by the leader or deputy leader of the group or by a majority of the members of the group, stating that he wishes to join the group.

Cessation of membership

3.  A person is to be treated as having ceased to be a member of a political group when—

(a) he has ceased to be a member of the local authority;

(b) he has notified the proper officer in writing that he no longer wishes to be treated as a member of the group;

(c) there is delivered to the proper officer a notice under paragraph 1 or 2(b) signed by the person whereby a new political group is constituted or he joins another political group; or

(d) there is delivered to the proper officer a notice in writing signed by the majority of the members of the group stating that they no longer wish him to be treated as a member of it.

Restriction on membership

4.  No person shall be treated as a member of more than one political group at any given time and, accordingly, if a person changes the political group of which he is a member by a notice under paragraph I or 2 he shall from the date of delivery of that notice be treated—

(a) in the case of a notice under paragraph 1, as a member only of the new political group which is constituted in accordance with that paragraph; and

(b) in the case of a notice under paragraph 2(b) as a member only of the group named in the notice.