Scottish Statutory Instruments

2000 No. 51

LOCAL GOVERNMENT

The Commissioner for Local Administration in Scotland (Designation) Order 2000

Made

8th March 2000

Laid before the Scottish Parliament

10th March2000

Coming into Force

1st April 2000

The Scottish Ministers, in exercise of the powers conferred upon them by sections 22(1) and 35(2) of the Local Government (Scotland) Act 1975(1) and of all other powers enabling them in that behalf, hereby make the following Order:

1.  This order may be cited as the Commissioner for Local Administration in Scotland (Designation) Order 2000 and shall come into force on 1st April 2000.

2.  The Commissioner for Local Administration in Scotland (Designated Body for Scotland) Order 1975(2) is hereby revoked.

3.  For the purposes of Part II of the Local Government (Scotland) Act 1975, Audit Scotland(3), is hereby designated as the body to be called “the designated body for Scotland”.

Wendy Alexander

A member of the Scottish Executive

St Andrew’s House,

Edinburgh

8th March 2000

Explanatory Note

(This note is not part of the Order)

Part II of the Local Government (Scotland) Act 1975 provides for the investigation of complaints of maladministration by local authorities and certain other public bodies in Scotland. Investigations are to be carried out by the Commissioner for Local Administration in Scotland (known as the Local Government Ombudsman). The Commissioner is required to make an annual report on the discharge of his functions. The designated body is responsible for meeting the salaries, accommodation costs and other expenses of the Commissioner and his officers, and recovers these costs from local authorities. In consequence of the vesting of certain financial functions in Audit Scotland at 1st April 2000, this Order provides for Audit Scotland to be the designated body for Scotland for these purposes, in place of the Commission for Local Authority Accounts in Scotland.

(1)

1975 c. 30. The functions of the Secretary of State were transferred to the Scottish Ministers by virtue of section 53 of the Scotland Act 1998 (c. 46).

(2)

S.I. 1975/1974.

(3)

Audit Scotland is the body corporate established under section 10(1) of the Public Finance and Accountability (Scotland) Act 2000 (asp1).