Local authority general power of competence: consultation analysis

Scottish Government response

The consultation proposed various approaches for consideration, which reflected the possibility of:

a) retaining the existing statutory framework without change,

b) amendments to widen the scope of existing legislative powers whilst retaining appropriate controls to mitigate risk,

c) introducing a General Power of Competence.

As noted at the outset of this report, the consultation elicited a wide range of views from stakeholders but did not ultimately deliver a definitive preference for the next steps.

A range of options are now being considered to deliver an appropriate balance between the aspirations of Local Government for greater local empowerment and confidence in innovation whilst providing public assurance that appropriate safeguards are in place to mitigate financial risk and ensure continued prioritisation and delivery of core public services.