Publication - FOI/EIR release

Legislation and process to close and replace a local authority: FOI release

Information request and response under the Freedom of Information (Scotland) Act 2002.

Published:
24 Oct 2018
Legislation and process to close and replace a local authority: FOI release
FOI reference: FOI/18/02997  
Date received: 17 October 2018 
Date responded: 23 October 2018
 
Information requested
 
1.  What is the current legislation to close a local authority in Scotland?
2.  What is the current legislation to close and replace a local authority in Scotland?
3.  What is the process to:
(i) close a local authority in Scotland?
or
(ii) close and replace a local authority in Scotland.
4.  Has at any time a local authority in Scotland been:
(i) Closed?
or
(ii) Closed and replaced?
or
(iii) Alternative to being closed and or replaced?
5.  Reference question 4 (i, ii,iii), please identify the local authority and any other bodies who may have been involved.
The term ‘Closed’ in regards to the questions above – refers to the a local authority (a local Council) in Scotland that is no longer acting as a continued concern and ‘closed’ may include a deliberate action to cease the local authority in Scotland from carrying out part or all its functions.
 
Response
 
In answer to questions 1, 2 and 3, there is no legislation that specifically provides for a local authority in Scotland to be “closed” as defined in your request. There is legislative provision for the alteration or abolition of a local government area, or the constitution of a new local government area; see Part II (Changes in Local Government Areas) of the Local Government (Scotland) Act 1973.
In answer to questions 4 and 5, the current local authorities in Scotland were established by the Local Government etc. (Scotland) Act 1994 (see Part 1, Chapter 1). All 32 of the local authorities established by the 1994 Act remain in existence.
 
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Phone: 0300 244 4000

 
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