Local government in Scotland

Scotland

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Local government in Scotland is organised through 32 unitary authorities^[1] designated as Councils^[2] which consist of councillors elected every four years by registered voters in each of the council areas.

Councils receive the majority of their funding from the Scottish Government,^[3] through Aggregate External Finance (AEF). AEF consists of three parts: Revenue Support Grants, Non-Domestic Rates, and Income and Specific Grants.^[4] The level of central government support for each authority is determined by the Cabinet Secretary for Finance and Sustainable Growth, currently John Swinney MSP, and is distributed by the Finance and Central Services Department of the Scottish Government. Councils obtain additional income through the Council Tax, that the council itself sets.

Scottish councils co-operate through, and are represented collectively by, the Convention of Scottish Local Authorities (COSLA).

History

Main article: History of local government in Scotland

Origins

The history of Scottish local government mainly surrounds involves the counties of Scotland. The counties have their origins in the sheriffdoms or shires over which a sheriff (a contraction of shire reeve) exercised jurisdiction.

Malcolm III appears to have introduced sheriffs as part of a policy of replacing native "Celtic" forms of government with Anglo Saxon and Norman feudal structures.^[5] This was continued by his sons Edgar, Alexander I and in particular David I. David completed the division of the country into sheriffdoms by the conversion of existing thanedoms.^[6][7]

From the seventeenth century the shires started to be used for local administration apart from judicial functions. In 1667 Commissioners of Supply were appointed in each sheriffdom to collect the land tax.^[8] The commissioners eventually assumed other duties in the county. In 1858 police forces were established in each county under the Police (Scotland) Act 1857.

As a result of the dual system of local government, burghs (of which there were various types) often had a high degree of autonomy.

Modern history

Between 1890 and 1975 local government in Scotland was organised with county councils (including four counties of cities) and various lower-level units. Between 1890 and 1929, there were parish councils and town councils, but with the passing of the Local Government (Scotland) Act 1929, the functions of parish councils were passed to larger district councils and a distinction was made between large burghs (i.e. those with a population of 20,000 or more) and small burghs. This system was further refined by the passing of the Local Government (Scotland) Act 1947.

In 1975, legislation passed by the Conservative government of Edward Heath (1970–1974) introduced a system of two-tier local government in Scotland (see Local government areas of Scotland 1973 to 1996), divided between large Regional Councils and smaller District Councils. The only exceptions to this were the three Island Councils, Western Isles, Shetland and Orkney which had the combined powers of Regions and Districts. The Conservative government of John Major (1990–1997) decided to abolish this system and merge their powers into new unitary authorities. The new councils vary widely in size — some are the same as counties, such as Clackmannanshire, some are the same as former districts, such as Inverclyde and some are the same as the former regions, such as Highland. The changes took effect in 1996 with shadow councillors elected in 1995 to oversee the smooth transition of control.

Map

Inverclyde Renfrewshire West Dunbartonshire East Dunbartonshire Glasgow East Renfrewshire North Lanarkshire Falkirk West Lothian Edinburgh Midlothian East Lothian Clackmannanshire Fife Dundee Angus Aberdeenshire Aberdeen Moray Highland Na h-Eileanan Siar Argyll and Bute Perth and Kinross Stirling North Ayrshire East Ayrshire South Ayrshire Dumfries and Galloway South Lanarkshire Scottish Borders Orkney Shetland

Governance and administration

The power vested in local authorities is administered by elected councillors. There are currently 1,222, each paid a part-time salary for the undertaking of their duties. In total, there are 32 unitary authorities, the largest being the City of Glasgow with more than 600,000 inhabitants, the smallest, Orkney, with fewer than 20,000 people living there.

Councillors are subject to a Code of Conduct instituted by the Ethical Standards in Public Life etc. (Scotland) Act 2000 and enforced by the Standards Commission for Scotland.^[9] If a person believes that a councillor has broken the code of conduct they make a complaint to the Office of the Chief Investigating Officer (CIO). The CIO makes a determination on whether there is a need for an investigation, and then whether or not to refer the matter to the Standards Commission.^[10]

Convenor (Provost)

Each council elects a Convenor and Depute Convenor to chair meetings of the Council and to act as a figurehead for the area. In the four city councils in Scotland - Glasgow, Edinburgh, Aberdeen and Dundee - the Convenor is called a Lord Provost, whilst in other councils the council may choose the title given to the Convenor.^[11] Most councils use the term 'Provost'.

The office of Provost or Convenor is roughly equivalent to that of a Mayor in other parts of the United Kingdom. Traditionally these roles are ceremonial and have no significant administrative functions. Lord Provosts in the four city councils have the additional duty of acting as Lord Lieutenant for their respective city.

Leader of the Council

The Leader of the Council is elected as the leader of the largest political grouping of councillors. The Leader of the Council has no executive or administrative powers designated by statute, but the position is salaried.^[12] There is also a Depute Leader of the Council appointed.

Each political group within the council typically appoints a leader, with the largest grouping's leader becoming 'Leader of the Council', and being the central figure of de facto political authority.

Officers

Officers of a council are administrative, non-political staff of the council. Generally the composition of the council's officers are a matter for the council, but there are a number of statutory officers whose roles are defined by central government.

The most significant of these officers is the Head of Paid Service, usually titled the Chief Executive. The Chief Executive is similar in function to a city manager, though certain councillors have executive authority and there is no clear division of powers.^[13]

There is also a statutory Monitoring Officer, who usually heads the Legal Services division of the council, as well as a Chief Financial Officer.^[13]

Election results, 2007

Follow the introduction of the Local Governance (Scotland) Act 2004 local elections are held using the single transferable vote, with this taking place for the first time in 2007. This change in voting system saw all but five councils end up with no one party in control. Labour retained control of the City of Glasgow and North Lanarkshire, while Orkney, Shetland and Na h-Eileanan Siar continue to be controlled by Independent councillors.

The results are summarised below. Further analysis can be found on the page Scottish council elections, 2007

e • d Summary of the 3 May 2007 Scottish council election results^[14]

Parties		First-Preference Votes[15]	Votes %	+/-	Councillors	Net Gain/Loss
	Labour	590,085	28.1	-4.5%	348	-161
	SNP	585,885	27.9	+3.8%	363	+182
	Conservative	327,591	15.6	+0.5%	143	+21
	Liberal Democrats	266,693	12.7	-1.8%	166	-9
	Independent	228,894	10.9	+0.8%	192	-38
	Other	102,897	4.9	+1.3%	10[16]	+6
Total		2,099,945			1,222

Council control

Further information: Political make-up of local councils in the United Kingdom#Scottish Unitary authorities

The 32 unitary authorities are controlled as follows. The figures incorporate the results from the 2007 local government election, plus gains and losses from subsequent local by-elections, and party defections.

Council area	Political control [17]	Lab	SNP	LD	Con	Grn	Oth	Total
City of Aberdeen	LD-SNP	10	13	15	4	0	1	43
Aberdeenshire	LD-Con	0	22	24	14	0	8	68
Angus	Con-LD-Lab-Oth	2	13	3	5	0	6	29
Argyll and Bute	Oth-LD-Con	0	10	8	3	0	15	36
Clackmannanshire	Lab (minority)	8	7	1	1	0	1	18
Dumfries and Galloway	Con-LD (minority)	14	10	3	18	0	2	47
City of Dundee	SNP (minority)	10	13	2	3	0	1	29
East Ayrshire	SNP (minority)	14	14	0	3	0	1	32
East Dunbartonshire	Con-Lab (minority)	6	8	3	5	0	2	24
East Lothian	SNP-LD	7	7	6	2	0	1	23
East Renfrewshire	Lab-SNP-Oth-LD	7	3	1	7	0	2	20
City of Edinburgh	LD-SNP	15	12	17	11	3	0	58
Comhairle nan Eilean Siar (Outer Hebrides)	Ind	2	4	0	0	0	25	31
Falkirk	Lab-Oth-Con	14	13	0	2	0	3	32
Fife	SNP-LD	24	23	21	5	0	5	78
City of Glasgow	Lab	46	22	5	1	5	0	79
Highland	Oth-LD-Lab	7	18	21	0	0	34	80
Inverclyde	Lab-Con-Oth	9	5	4	1	0	1	20
Midlothian	Lab (minority)	9	6	3	0	0	0	18
Moray	Oth-Con	2	9	0	3	0	12	26
North Ayrshire	Lab (minority)	12	8	2	3	0	5	30
North Lanarkshire	Lab	40	23	1	1	0	5	70
Orkney	Oth	0	0	0	0	0	21	21
Perth and Kinross	SNP-LD	3	18	8	12	0	0	41
Renfrewshire	SNP-LD	17	17	4	2	0	0	40
Scottish Borders	Oth-Con-LD	0	6	10	11	0	7	34
Shetland	Oth	0	0	0	0	0	22	22
South Ayrshire	Con (minority)	9	8	0	12	0	1	30
South Lanarkshire	Lab (minority)	30	24	2	8	0	3	67
Stirling	SNP (minority)	7	7	3	4	0	1	22
West Dunbartonshire	SNP-Oth	10	9	0	0	0	3	22
West Lothian	SNP-Oth	14	13	0	1	0	4	32
TOTAL	-	348	363	166	143	8	194	1222

Election results, 2003

e • d Summary of the 1 May 2003 Scottish council election results

Parties		Votes	Votes %	+/-	Wards	Net Gain/Loss
	Labour	611,843	32.6	-3.7%	509	-42
	SNP	451,660	24.1	-4.6%	181	-23
	Conservative	282,895	15.1	+1.6%	122	+14
	Liberal Democrats	272,057	14.5	+1.9%	175	+18
	Independent	189,749	10.1	+3.0%	230	+39
	Other	67,533	3.6	+2.0%	4	-6
Total		1,875,737			1,222

Council control

The 32 unitary authorities were controlled as follows, before the 2007 elections. The figures incorporate the results from the 2003 local government election, plus gains and losses from subsequent local by-elections, and party defections.

Council area	Political control	Labour Party (Lab)	Scottish National Party (SNP)	Liberal Democrats (LD)	Conservative Party (Con)	Others (Oth)
City of Aberdeen	LD-Con	14	6	20	3	0
Aberdeenshire	LD-Oth	0	18	28	11	11
Angus	SNP	1	17	3	2	6
Argyll and Bute	Oth	0	3	8	3	22
Clackmannanshire	Lab	10	7	0	1	0
Dumfries and Galloway	Lab (minority)	15	5	5	11	11
City of Dundee	Lab-LD (minority)	10	11	2	5	1
East Ayrshire	Lab	23	8	0	1	0
East Dunbartonshire	LD	9	0	12	3	0
East Lothian	Lab	17	1	1	4	0
East Renfrewshire	Lab-LD	8	0	3	7	2
City of Edinburgh	Lab	30	1	14	13	0
Na h-Eileanan Siar	Oth	4	3	0	0	24
Falkirk	SNP-Oth	12	11	0	2	7
Fife	Lab (minority)	35	13	23	2	5
City of Glasgow	Lab	69	4	3	1	2
Highland	Oth	8	6	13	0	53
Inverclyde	LD	6	0	13	0	1
Midlothian	Lab	14	1	3	0	0
Moray	Oth	5	3	1	1	16
North Ayrshire	Lab	20	3	0	5	2
North Lanarkshire	Lab	54	13	0	0	3
Orkney	Oth	0	0	0	0	21
Perth and Kinross	SNP-LD-oth	5	15	9	10	2
Renfrewshire	Lab	21	14	3	1	0
Scottish Borders	Oth-Con	0	2	8	11	13
Shetland	Oth	0	0	5	0	17
South Ayrshire	Con (control dependent on casting vote of the Provost)	14	0	0	15	1
South Lanarkshire	Lab	49	9	2	4	3
Stirling	Lab	11	1	0	10	0
West Dunbartonshire	Lab	16	3	0	0	3
West Lothian	Lab	18	11	0	1	2
TOTAL	-	495 (15 councils, plus 2 shared control)	190 (1 council, plus 2 shared control)	179 (2 councils, plus 5 shared control)	126 (1 council, plus 2 shared control)	232(6 councils, plus 4 shared control)

Community councils

Main article: List of community council areas in Scotland

See also: Community council#Community councils in Scotland

Community councils represent the interests of local people. Local authorities have a statutory duty to consult community councils on planning, development and other issues directly affecting that local community. However, the community council has no direct say in the delivery of services. In many areas they do not function at all, but some work very effectively at improving their local area. Elections for community councils are determined by the local authority but the law does state that candidates cannot stand on a party-political ticket.

See also

• Subdivisions of Scotland
• Local government in England
• Local government in Northern Ireland
• Local government in Wales
• Business rates in Scotland
• Local income tax
• Convention of Scottish Local Authorities
• Fire and Rescue Authority (Scotland)

Notes and references

1. ^ In this context the phrase is descriptive, not prescriptive; "unitary authority" does not have the specific legal meaning that it has in England.
2. ^ s.2 Local Government (Scotland) Act 1994
3. ^ Local Government Overview Report 2009 (Exhibit 1, Page 7), Audit Scotland
4. ^ Core Revenue Funding, Scottish Executive website, accessed 28 April 2007
5. ^ John of Fordun wrote that Malcolm II introduced the shire to Scotland and also the thane class. Shires are certainly mentioned in charters by the reign of King Malcolm III, for instance that to the Church of Dunfermline, AD 1070-1093
6. ^ Wallace, James (1890). The Sheriffdom of Clackmannan. A sketch of its history with a list of its sheriffs and excerpts from the records of court compiled from public documents and other authorities with preparatory notes on the office of Sheriff in Scotland, his powers and duties. Edinburgh: James Thin. pp. 7–19. 
7. ^ The earliest sheriffdom south of the Forth which we know of for certain is Haddingtonshire, which is named in a charters of 1139 as "Hadintunschira" (Charter by King David to the church of St. Andrews of the church of St. Mary at Haddington) and of 1141 as "Hadintunshire" (Charter by King David granting Clerchetune to the church of St. Mary of Haddington). In 1150 a charter refers to Stirlingshire ("Striuelinschire"). (Charter by King David granting the church of Clackmannan, etc., to the Abbey of Stirling)
8. ^ The sheriffdoms listed were Edinburgh (i.e. Midlothian), Hadingtoun (i.e. East Lothian), Berwick, Roxburgh, Selkirk, Peebles, Lanerk, Dumfreize, "the sherifdome of Wigtoun and stewartrie of Kirkcudbright", Air, Dumbartan, Bute, Renfrew, Striviling (i.e. Stirlingshire), Linlithgow (i.e. West Lothian), Perth, Kincairdine, Aberdene, Inverness and Ross, Nairne, Cromarty, Argyle, Fyfe and Kinross, Forfar (i.e. Angus), Bamf (i.e. Banff), Sutherland, Caithnes, Elgine (i.e Moray), Orkney and Zetland, Clakmannan. "Act of the convention of estates of the kingdome of Scotland etc. for ane new and voluntar offer to his majestie of seventie two thousand pounds monethlie for the space of twelve moneths". Records of the Parliaments of Scotland. University of St Andrews. 23 January 1667. http://rps.ac.uk/search.php?action=fetch_jump&filename=charlesii_trans&jump=charlesii_m1667_1_10_d7_ms&type=trans&fragment=t1667_1_10_d7_trans. Retrieved 23 July 2010. 
9. ^ Ethical Standards in Public Life framework: "Ethical Standards in Public Life". The Scottish Government. http://www.scotland.gov.uk/Topics/Government/local-government/ethical-standards. Retrieved 2007-11-18. 
10. ^ Office of the Chief Investigating Office: "Who is the Chief Investigating Officer". The Scottish Government. http://www.scotland.gov.uk/Topics/Government/local-government/ethical-standards/cio. Retrieved 2007-11-18. 
11. ^ s.4, Local Government etc (Scotland) Act 1994
12. ^ http://www.oqps.gov.uk/legislation/ssi/ssi2007/ssi_20070183_en_1
13. ^ ^{a b} http://www.scotland.gov.uk/library/documents3/ethic-07.htm
14. ^ Figures from the Electoral Commission's Scottish Parliamentary and local elections 2007 statutory report
15. ^ Votes for parties are back-calculated from percentages and the total vote, so are subject to rounding error
16. ^ 8 Scottish Green Party, 1 Scottish Socialist and 1 Solidarity councillor. Separate vote figures not found
17. ^ COSLA

External links

• Local Government Scottish Government
• Local Government in Scotland
• Local Government Boundary Commission for Scotland