Local Government Political Restrictions Exemptions Adjudicator for Scotland

Seeking Advice

The purpose of the Guidance published by the Adjudicator on 31 October 2016 is to provide readily available advice to all local authorities and those who hold local authority posts on the application of the legislation regarding political restrictions. The Guidance goes further than the particular areas in which adjudication may be sought, which are covered in its paragraphs 33 to 36. It seeks to describe all the legislation and regulations governing political restriction of posts under local authorities and to provide assistance to local authorities in implementing it.

If any matters covered by the Guidance remain unclear to any user, he or she may consult the Adjudicator by e-mail or letter to the contact points given on the Home page. The Adjudicator will attempt to clarify further the particular provisions queried.

It should be remembered that the only legal power of adjudication conferred upon the Adjudicator is that prescribed by LGHA 1989 section 3, described in some detail on the Lifting Restrictions page, on which detailed advice is given on how to apply to the Adjudicator for the lifting of political restrictions on a post. Any advice given by the Adjudicator in respect of any other matter concerning the political restriction of any post under a local authority is purely advisory and has no status at law.