http://www.legislation.gov.uk/ukpga/1973/65/section/64/2005-10-05Local Government (Scotland) Act 1973An Act to make provision with respect to local government and the functions of local authorities in Scotland; to amend Part II of the Transport Act 1968; and for connected purposes.1984-01-01texttext/xmlenStatute Law Database2024-07-242005-10-05Local Government (Scotland) Act 1973Sch. 7 para. 7(3)Local Government and Housing Act 1989Sch. 11 para. 36s. 195(2)Part V Internal Organisation Staff Appointment <Abbreviation Expansion="et cetera" xml:lang="la">etc.</Abbreviation> of staff.641Subject to the provisions of this Act, a local authority shall appoint such officers as they think necessary for the proper discharge by the authority of their functions and the carrying out of any obligations incurred by them in connection with an agreement made by them in pursuance of section 65 of this Act.2An officer appointed under subsection (1) above shall hold office on such reasonable terms and conditions, including conditions as to remuneration, as the authority appointing him think fit.3Where an action has been brought against an officer of a local authority in respect of an act done by him in the execution or purported execution of any enactment and the circumstances are such that he is not legally entitled to require the authority to indemnify him, the authority may nevertheless indemnify him against the whole or a part of any damages or expenses which he may have been ordered to pay or may have incurred if they are satisfied that he honestly believed that the act complained of was within the scope of his employment and that his duty under the enactment required or entitled him to do it.4Any enactment, except one mentioned in subsection (5) below, which requires or empowers local authorities or any class of local authorities to appoint a specified officer shall, to the extent that it makes any such provision, cease to have effect.5The following enactments are excepted from subsection (4) above—a. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .b. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .bbsection 32 of the Mental Health (Care and Treatment)
(Scotland) Act 2003 (asp 13);c. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .d. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .esection 3 of the Social Work (Scotland) Act 1968 (chief social work officers);f. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .gsection 67(3)(b) of the Agriculture Act 1970 (agricultural analysts and deputies).6Nothing in this section affects the operation of section 7 of the Registration of Births, Deaths and Marriages (Scotland) Act 1965 (registrars) or the operation of the Local Authorities (Goods and Services) Act 1970.7Nothing in subsections (1) and (2) above affects the operation of section 9 of the Police (Scotland) Act 1967 (employees other than constables).S. 64(3) extended with modifications by S.I. 1987/800, reg. 20(2)S. 64(5)(a) repealed (2.8.2005) by Fire (Scotland) Act 2005 (asp 5), ss. 89(2), 90, Sch. 4 (with s. 77); S.S.I 2005/392, {art. 2(k)}S. 64(5)(b) repealed by Statute Law (Repeals) Act 1989 (c. 43), s. 1(1), Sch. 1 Pt. XIS. 64(5)(bb) substituted (5.10.2005) by Mental Health (Care and Treatment) (Scotland) Act 2003 (asp 13), ss. 331(1), 333(2)-(4), Sch. 4 para. 2; S.S.I. 2005/161, art. 3 (as substituted by S.S.I. 2005/375)S. 64(5)(c)(f) repealed (1.4.1996) by 1994 c. 39, s. 180(1)(2), Sch. 13 para. 92(17)(a), Sch. 14; S.I. 1996/323, art. 4(1)(c)(d), Sch. 2S. 64(5)(d) repealed by Weights and Measures Act 1985 (c. 72, SIF 131), s. 98, Sch. 13 Pt. I1968 c. 49. Words in s. 64(5)(e) substituted (1.4.1996) by 1994 c. 39, s. 180(1), Sch. 13 para. 92(17)(b); S.I. 1996/323, art. 4(1)(c)1970 c. 40. 1965 c. 49. 1970 c. 39. 1967 c. 77. Pt. V (ss. 56-68): Power to apply conferred (6.4.1995) by 1994 c. 39, s. 27(9); S.I. 1995/702, art. 4(1), Sch. 2 para. 9 (with s. 7(2))
