Local Government and Housing Act 1989 and politically restricted posts information: FOI release

Information requested

The Scottish Ministers are required, by section 3(1) of the Local Government and Housing Act 1989, to appoint a person to carry out various specified functions in relation to politically restricted posts.

1. Who has the Scottish Ministers appointed to this role? One of the functions which the above person is required to carry out is the provision of general advice with respect to the determination of questions arising by virtue of section 2(3) of the 1989 Act.

2. Had any such advice ever been published?

3. If so, please provide it.

Response

Under section (c.42) section 3 of the Local Government and Housing Act 1989, the Scottish Ministers have appointed the Local Government Political Restrictions Exemptions Adjudicator for Scotland to carry out the statutory functions in relation to politically restricted posts. The current Adjudicator is Vicky Crichton, who was appointed by the Scottish Ministers on 30 September 2023.

In terms of section 3 of the Local Government and Housing Act 1989, the Adjudicator is appointed to:

• adjudicate in any case where exemption from political restriction imposed on a post by virtue of section 2(2) of the 1989 Act is sought;
• give directions to a local authority requiring it to include a post in the list of politically restricted posts kept by the authority; and
• give general advice to local authorities on the application of section 2(3) of the 1989 Act.

In relation to points 2 and 3 of your request, while our aim is to provide information whenever possible, in this instance we are unable to provide the information you have requested because of an exemption under section 17 (1) (b) (Notice that information is not held). The Scottish Government does not hold any general advice issued under section 2(3) of the Local Government and Housing Act 1989. The provision of such advice is a function of the Local Government Political Restrictions Exemptions Adjudicator for Scotland, and any advice produced is held by that office rather than by the Scottish Government.

We can confirm, however, that the Adjudicator has published advice on the application of section 2(3). This advice is provided within a published guidance document entitled “Guidance for Local Authorities”, issued by the Local Government Political Restrictions Exemptions Adjudicator for Scotland. The guidance includes advice relevant to section 2(3) of the 1989 Act at paragraphs 33–36.

The guidance can be accessed on the Adjudicator’s website at the following links:

Local Government Political Restrictions Exemptions Adjudicator for Scotland:

LGPREAS - Local Government Political Restrictions Exemptions Adjudicator for Scotland

Guidance for Local Authorities:

Guidance for Local Authorities

About FOI

The Scottish Government is committed to publishing all information released in response to Freedom of Information requests. View all FOI responses at https://www.gov.scot/foi-responses.