Councils are made up of councillors who are directly elected by the residents of the area they represent. Each council area is divided into a number of wards, and three or four councillors are elected for each ward.[1] There are currently 1,227 elected councillors in Scotland.[5] Local elections are normally held every five years and use the single transferable vote electoral system.[1] The most recent election was the 2022 Scottish local elections and the next election will be the 2027 Scottish local elections.
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 Frenchfeudal structures.[9] 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.[10][11]
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.[12] 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.
Effective from 1975, the Local Government (Scotland) Act 1973 passed by the Conservative government of Edward Heath 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 wildly 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.
In 2007, council elections moved to the single transferable vote system, with wards represented by either three or four councillors. The transition has resulted in no uncontested seats and has ended single-party controlled councils.[13]
The Islands (Scotland) Act 2018 and the Scottish Elections (Reform) Act 2020 have given Boundaries Scotland increased flexibility to vary the size of wards. Mainland wards may now have between 2 and 5 councillors, and single councillor wards are permitted where such a ward includes an inhabited island.[15]
The power vested in local authorities is administered by elected councillors. There are currently 1,227 councillors,[14] each paid a part-time salary for the undertaking of their duties. In total, there are 32 unitary authorities, the largest being the Glasgow City with more than 600,000 inhabitants, the smallest, Orkney, with just over 20,000 people living there (population of 21,670 in 2015).[18]
Each council elects a convener from among the members of the council to chair meetings and to act as a figurehead for the area.[21] A council may also elect a depute convener, though this is not required. In the four cities of Glasgow, Edinburgh, Aberdeen and Dundee the convener is called a Lord Provost, whilst in other councils the council may choose another title for their conveners.[21] Most councils use the term 'provost', some use the term 'convener'.
The office of provost or convener 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
Since 2007 each council has been required to designate a "leader of the council" and a "civic head", who receive additional remuneration for holding those roles. The regulations direct that unless a council decides otherwise the leader is the convener and the civic head is the depute convener. In practice, most authorities appoint someone other than the convener as leader of the council, such that the political leader of the council is not also presiding over the debate at council meetings. The convener or provost usually takes the civic head role. The leader of the council is usually the leader of the largest political group, or in a coalition the leader of the largest party in that coalition. The Leader of the Council has no executive or administrative powers designated by statute.[22] Prior to 2007 many authorities recognised the leader of the largest political group or coalition administration as being leader of the council, but there was no legislative basis for the role.
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 the 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.[23]
There is also a statutory Monitoring Officer, who usually heads the Legal Services division of the council, as well as a Chief Financial Officer.[23]
Note: There were boundary changes in many of these councils. Notional seats and seat change are based on a notional 2012 result calculated by the BBC.[26] The methodology was officially revealed on 9 May 2017. The relevant explanation is available on the BBC Website. Comparisons with the actual results from 2012 are inconsistent, as the number of seats and seat changes will be different because of an increase in council seats across the country from 1,223 to 1,227 and the different boundaries.
Political control may be held by minority governments (min), coalitions (co), joint leadership arrangements (j.l.) or partnership working arrangements (p.w.).[28]
The 32 unitary authorities were controlled as follows. The figures incorporate the results from the 2012 local government election, plus gains and losses from subsequent local by-elections, and party defections.
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.
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.
^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.
^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.
^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.)
^"News Release: Final Proposals for Na h-Eileanan an Iar, Orkney Islands and Shetland Islands council areas submitted to Scottish Ministers" (PDF) (Press release). Boundaries Scotland. 28 May 2021
