- Draft legislation
This is a draft item of legislation. This draft has since been made as a Scottish Statutory Instrument: The Additional Powers Request (Scotland) Regulations 2019 No. 327
5.—(1) Prior to making an additional powers request, the requesting local authority must consult the consultees in accordance with this regulation.
(2) The consultees referred to in paragraph (1) are—
(a)the relevant island community,
(b)the person, body or authority that currently exercises the proposed additional power, if not the Scottish Ministers,
(c)any other relevant authority that the requesting local authority considers appropriate, and
(d)any other persons appearing to the requesting local authority to have an interest in the proposed additional power.
(3) The requesting local authority must give the consultees notice of the proposed additional power.
(4) The notice must—
(a)give a summary of the proposed additional power,
(b)state the requesting local authority’s reasons for proposing to request the proposed additional power, and
(c)give information about how to make written representations on the proposed additional power (including to whom such representations should be submitted).
(5) The notice must also—
(a)state the date of the last day of the consultation period,
(b)advise that this is the period within which written representations must be received by the requesting local authority for them to be taken into account, and
(c)where the requesting local authority has decided to hold a public meeting or meetings on the proposed additional power, the date, time and place of that meeting or those meetings.
(6) In this regulation, the “consultation period” is a period (fixed by the requesting local authority) of at least 12 weeks that—
(a)starts on the day (or last day) on which the notice required by paragraph (3) is given, and
(b)runs continuously.
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