Scotland remains a full part of the United Kingdom and many matters which can more effectively and beneficially be administered on a UK basis, for example foreign policy, defence and economic policy, continue to be governed from the UK Parliament and Executive. However, a significant amount of legislative power has been devolved to the new Scottish Parliament in Edinburgh. The main executive body is the Scottish Executive which has taken over most of the staff and duties of The Scottish Office. The headquarters of the Scottish Executive are in Edinburgh. UK Government The UK Government retains responsibility for reserved matters, including: * the constitution of the United Kingdom; * foreign policy; * defence and national security; * protection of borders and certain matters subject to border controls; * the UK fiscal, economic and monetary system; * common markets for goods and services; * employment legislation; * social security; * regulation of certain professions; * transport safety and legislation; * various other matters subject to UK or GB regulation or operation, e.g. UK Research Councils, nuclear safety, control and safety of medicines, Ordnance Survey, regulation of broadcasting, the National Lottery, data protection and equal opportunities. The Scotland Office and the Secretary of State for Scotland The office of the Secretary of State for Scotland is known as the Scotland Office and is based mainly in Dover House, Whitehall, London. It now forms part of the Department of Constitutional Affairs. The Secretary of State for Scotland is a member of the UK Cabinet. His or her role is to act as a link between the UK Government and the Scottish Executive and to represent Scottish interests in the Cabinet. The Secretary of State is currently supported by a Parliamentary Under Secretary of State and works in close co-operation with the Lord Advocate for Scotland. The Scottish Parliament From 1 July 1999 the Scottish Parliament took on legislative responsibility for a wide range of devolved matters, which cover broadly the same ground as was previously covered by The Scottish Office. The main devolved matters are: * health; * education; * housing; * most aspects of transport; * local government; * law and order; * social work; * agriculture; * the environment, forestry and fisheries; * arts and sport; * economic assistance and industry.
The Scottish Parliament has 129 Members: 73 constituency Members elected on the first-past-the-post system and 56 regional Members elected on a proportional basis from party lists. The Presiding Officer and two Deputies, elected from amongst Members of the Scottish Parliament (MSP), ensure the efficient conduct and administration of Scottish Parliamentary business and chair sessions of Parliament. The Parliament has adopted modern ways of working: it aims to be accessible, open and responsive to the needs of the public; participation by organisations and individuals is encouraged; and views and advice from specialists are sought as appropriate. Committees also play an important part in carrying out Parliamentary business, for example in initiating, scrutinising and amending the Scottish Executive's proposals as well as having wide-ranging, investigative functions. The procedures of Parliament are set out in its Standing Orders (Edition 2, published on 20 January 2000) which were based on the recommendations in the Report of the Consultative Steering Group (CSG) of the Scottish Parliament: Shaping Scotland's Parliament. Scottish Ministers The Scottish Executive is headed by the First Minister who is appointed by the Queen on the advice of the Presiding Officer after the Parliament has nominated a candidate - normally the leader of the party able to command the majority support of the Parliament. The First Minister, with the approval of the Queen, appoints other Ministers and determines portfolios. The members of the Scottish Executive, who are collectively known as the Scottish Ministers, comprise the First Minister, the other Ministers whom he or she has appointed and the Lord Advocate and the Solicitor General for Scotland. The Scottish Ministers are responsible to the Parliament for the work of the Scottish Executive and their actions are thus ultimately subject to Parliamentary control. Business is debated regularly in plenary sessions of the Scottish Parliament, and the First Minister and his or her colleagues must answer questions on all aspects of their responsibilities, but more detailed work is done in committee. The Minister for Education and Young People There are 11 Cabinet Ministers in the Scottish Executive, supported by 8 Depute Ministers. The Minister for Education and Young People is responsible for pre-school and school education in Scotland. The Minister also has responsibility for children's services, including youth work, social work and the relevant inspectorates for these services. The Minister is supported by a Depute Minister. To assist the Minister there is an Education Department which administers national policy on pre-school and school education and a Looked After Children and Youthwork Division which administers policy on adoption, fostering and youth work. The Minister for Enterprise and Lifelong Learning Since the re-establishment of the Scottish Parliament in 1999, a number of significant changes have been made by the Scottish Executive in the organisation of the civil service departments. One of the major changes has been to separate pre-school and school education from post-school education, training and industry. Responsibility for the latter now rests with the Depute First Minister, who is also the Minister for Enterprise, Transport, and Lifelong Learning. The Minister is supported by a Depute Minister. The Ministers are assisted by a Department for Enterprise, Transport and Lifelong Learning. The Minister for Social Justice and Communities The Minister for Social Justice and Communities has overall responsibility for community learning and development policy, although policies relating to young people and adult learning, including adult literacy and numeracy, rest with the Minister for Education and Young people and the Minister for Enterprise , Transport and Lifelong Learning, respectively. Community learning and development is seen as a key component of community regeneration and social inclusion policies. The Scottish Executive The Scottish Executive is organised into seven main Departments: The Scottish Executive Environment and Rural Affairs Department (ESERAD) The Scottish Executive Development Department (SEDD) The Scottish Executive Education Department (SEED) The Scottish Executive Enterprise, Transport and Lifelong Learning Department (SEETLLD) The Scottish Executive Health Department (SEHD) The Scottish Executive Justice Department (SEJD) The Scottish Executive Finance and Central Services Department (SEFCSD) In addition, the Executive includes the Office of the Permanent Secretary, Corporate Services, the Crown Office and the Procurator Fiscal and Legal and Parliamentary Services Each Department is under the charge of a Secretary, who is responsible to the Scottish Ministers for the work of his/her Department. In the Scottish Executive Health Department the Chief Executive of the National Health Service in Scotland largely performs this function, although there is also a Public Health Policy Unit which is headed by the Chief Medical Officer. The Finance and Central Services Department covers such areas as constitutional policy; Parliamentary liaison; Cabinet secretariat; finance and legal services; external relations and the promotion of Scotland; Parliamentary drafting and legal advice; local government; and the Media and Communications Group. Under the chairmanship of the Permanent Under-Secretary of State, the head of the Scottish Executive, the Heads of Department constitute a Management Group. This group exercises corporate responsibility for the work of the Executive, for policy development and delivery and for the allocation of resources in accordance with Ministerial priorities. The Office of the Permanent Secretary includes the Cabinet Secretariat, Strategy and Delivery Units and the Executive's Analytical Services Group. Responsibility for policy advice on community learning and development has been transferred from the SEDD to Communities Scotland, the Scottish Executive's agency for housing and regeneration. The staff of the Scottish Executive work almost entirely in Scotland, although a few are based at the Scottish Executive European Union Office (SEEUO) in Brussels. The Scottish Public Services Ombudsman The powers and responsibilities of the Scottish Public Services Ombudsman are set out in the Scottish Public Services Ombudsman Act 2002. Her role is to investigate complaints made by members of the public who believe that they have suffered an injustice or hardship as a consequence of maladministration or service failure on the part of public bodies involved in devolved Scottish affairs. She also examines complaints about refusal of access to official information. The Ombudsman is independent of Government and is not a civil servant. The appointment is made by the Queen on the recommendation of the Parliament and the office-holder reports annually to the Scottish Parliament. All complaints made are confidential and investigations are private. When an investigation has been completed, the Ombudsman prepares a detailed report of the findings. The report is sent to the complainant (and, if applicable, their representative), the body subject to the complaint, any other person who is alleged in the complaint to have taken the action complained of and the Scottish Ministers. The Report is also laid before the Parliament. Regional Administration The 12 Regional and Island Authorities, which constituted the second layer of government in Scotland until 1 April 1996, handed over their responsibilities to 32 local (district) authorities following a reorganisation of local government in Scotland. Local Government As a result of the Local Government etc (Scotland) Act 1994, from 1 April 1996 the functions of local government became the responsibility of 32 single tier councils. By population, the largest of these is the City of Glasgow, with an estimated population (2001) of 629,501 and the smallest is Orkney Islands, with a population of 19,600. In area, the largest authority is Highland (2,578,379 hectares) and the smallest the City of Dundee (6,515 hectares). The functions and responsibilities of these authorities cover: | Strategic Planning | Civil Defence | | Education | Consumer Protection | | Social Work | | | Community Learning and Development | Weights and Measures | | Environmental Health | Health and Safety at Work | | Roads and Road Safety | Food Hygiene, Standards and Labelling | | Valuation and Rating | Shop Hours | | Electoral Registration | Cleansing | | Registration of Births, Deaths and Marriages | | Refuse Collection and Disposal | | Administration of District Courts | | Public Conveniences | | Building Control | | Burial and Cremation | | Local Planning | | Markets | | Development Control | Slaughterhouses | | Urban Development | Highways Lighting | | Industrial Promotion | Public Transport | | Industrial Development | | Airports | | Housing | | Ferries | | Employment of Young Persons | | Harbours | | Licensing of Betting and Gaming, Theatres, Cinemas, Taxis, Liquor | Flood Prevention | | Coast Protection | | Libraries | Community centres | | Archives | Caravan Sites | | Museums and Art Galleries | Allotments | | Listed Buildings, Ancient Monuments and War Memorials | Parks | | Leisure and Recreation | | Conservation Areas | Countryside | | Nature Conservation | Tourism |
Local Government: Members The members of the council of each local authority are elected every four years. The most recent election was held in May 2003 and the next is due in May 2007 (the same day as elections to the Scottish Parliament). The councils vary considerably in size both by area and population. Voting takes place by secret ballot at arranged polling stations. Candidates for election as councillors must be aged 21 or over. Legislation is going through Parliament to reduce this age requirement to 18. As with Members of Parliament, the elected members of the local authorities have a dual role to play - they represent their constituency interests and they participate in the shared work, policy and decisions of the council. Councillors are not paid a salary but receive certain allowances. Legislation currently going through Parliament will replace the existing system of allowances with a new scheme. An Independent Remuneration Committee will make recommendations to Ministers on the new model, which will include provisions for a salary and a pension scheme. Community Councils Many areas of Scotland have community councils established under schemes drawn up by local authorities and set up on local demand. These councils are intended to be broadly based organisations through which local communities can make their views known and can act. They have the right to be consulted on planning issues and on local authorities' schemes for decentralisation. Community councils are non-political and their members are unpaid. Relations among Local Authorities Local authorities are empowered by Section 20 of the Local Government etc (Scotland) Act 1994 to appoint joint committees to carry out any of their functions and may also purchase services from other authorities. The Local Government in Scotland Act 2003 requires local authorities to work in partnership with other public service agencies in Community Planning. Relations with Central Government The Scottish Parliament controls the functions exercised by local authorities through the statutory powers which it confers on them either in General Acts or by local legislation promoted by the local authorities themselves. The Scottish Executive Finance and Central Services Department is responsible for the oversight of constitutional and financial local government matters. Town and country planning, urban regeneration, and housing issues are managed by the Executive's Development Department. The Scottish Executive Education Department is concerned also with social work, the arts, libraries and sport. The Scottish Executive Justice Department has responsibility for civil and criminal law, prisons, police and fire services. Roads and transport issues are covered by the Department of Enterprise, Transport and Lifelong Learning. The Scottish Executive exerts influence on local government policy and programmes partly by advice and partly by financial means. The various Scottish Executive Departments may consider submissions by local authorities where the First Minister's consent is required, such as for structure plans. In the case of police forces, fire services and schools, there is provision for inspection of local services by the central authority to ensure that adequate standards are maintained. In general, however, each Department of the Scottish Executive provides local authorities with advice and assistance on their functions by issuing Circulars as the need arises. The First Minister for Scotland and the other Ministers at the Scottish Executive have meetings with individual local authorities or with their representative body, the Convention of Scottish Local Authorities (COSLA), on specific and general matters of current interest or concern. Relations with the Public Local authorities are encouraged to make the public aware of their activities, functions and sub-committee meetings. They are also expected to allow the public to attend meetings and to inspect minutes, agendas and reports prepared for such meetings, unless that would result in the disclosure of confidential or exempt information as defined in law (Part IIIA and Schedule 7A of the Local Government (Scotland) Act 1973 as amended by the Local Government (Access to Information) Act 1985). The public may complain to the Scottish Public Services Ombudsman of injustice caused by maladministration by a local authority. In their dealings with the public local authorities are encouraged to adopt the principles of the Citizen's Charter and Best Value. The Local Government in Scotland Act 2003 and Community Planning The Local Government in Scotland Act 2003 enhanced the duties of local authorities and their community planning partners to engage local communities in planning and service delivery issues. Community Planning is essentially a process to promote and encourage joined-up working and effective partnership between local authorities and other agencies in the public, voluntary and private sectors, and with communities. It is an over-arching framework from which other partnerships and initiatives should flow. It is also recognised as a key mechanism for action on national priorities, such as education, and for linking them better with local priorities. The Act places a duty on key public bodies, such as Police, Health Boards and Enterprise Companies to "participate" in the process of Community Planning. The Act requires local authorities, as facilitators, to co-operate with community bodies and other public bodies in the Community Planning process. There is a further requirement to produce a report on behalf of the Community Planning Partnership on what has been done in their area. This report should be written for the local community, rather than for the Scottish Executive. Internal Organisation and Management in Local Government Provisions in the Local Government (Scotland) Act 1973 allow authorities to delegate almost all decisions to a committee, sub-committee or officer of the authority. In order to modernise this decision-making structure the Leadership Advisory Panel (LAP) was set up to advise councils. It published a report in June 2001 which encouraged councils to review their management of business and working practices, under guiding principles of accountability and accessibility, and offered advice and support. These self-reviews and new structures emerging from them were then assessed against the criteria set out in the LAP report. Councils are now introducing new ways of doing business which reaffirm and strengthen their important community leadership role. The best structure is the one that works most effectively for that particular area and in that particular council. There are variations in models across councils, but it is possible to group new approaches into three main categories: streamlining, by creating a smaller number of thematic committees, rather than the old departmental ones, to ensure a more cross-cutting approach to policy development; concentration of executive decision-making powers in the hands of a limited number of elected members; and creation of devolved and partially devolved structures to move decision-making from the centre to local area committees. Although precise structures vary, local authorities tend to operate through a number of separate departments. In many the departments are staffed by officials with a particular professional training. The Local Government etc (Scotland) Act 1994 has removed the previous statutory duty of an authority to set up a committee specifically for education and to appoint a Director of Education. All authorities have appointed an officer to be responsible for education, under their Chief Executive, but that officer may have a title other than Director of Education. Some local authorities now have an executive structure instead of a traditional committee structure. Decisions on educational matters would normally be made by the executive in these councils, although legislative requirements, such as those concerning the involvement of church representatives in the decision-making process, should not be breached. The Convention of Scottish Local Authorities (CoSLA) The body which represents the local authorities in Scotland is called the Convention of Scottish Local Authorities (CoSLA). It deals with national issues of concern to local authorities and represents the interests of the councils in their consultations with Scottish Executive Departments. In particular, this is the body with which the First Minister consults about financial support to local authorities. |