Local Government Political Restrictions Exemptions Adjudicator for Scotland

Guide to Information

Availability and Formats

The information the Adjudicator publishes through this information scheme is, wherever possible, available on his website. He offers alternative arrangements for people who do not want to, or cannot, access the information online. For example, he can usually arrange to send information to you in paper copy (although there may be a charge for this - see charges below).

Exempt Information

The Adjudicator will publish the information he holds that falls within the classes of information below. If a document contains information that is exempt under Scotland's freedom of information laws (for example sensitive personal information or a trade secret), he will remove or 'black out' the information before publication and explain why.

Copyright

Where the Adjudicator holds the copyright in its published information, the information may be copied or reproduced without formal permission, provided that:

  • it is copied or reproduced accurately;
  • it is not used in a misleading context; and
  • the source of the material is identified.

Where the Adjudicator does not hold the copyright in information he publishes, he will make this clear.

Charges

This section explains when the Adjudicator may make a charge for publications and how any charge will be calculated. There is no charge to view information on his website.

The Adjudicator may charge for providing information to you, but will charge you no more than it actually costs us to do so. He will always tell you what the cost is before providing the information to you.

The Adjudicator's photocopying charge per side of paper is shown in the tables below:

Photocopying

Size of paper Cost per sheet
A4 10p (black and white) or 20p (colour)

Postage costs will be recharged at the rate paid to send the information to you. The charge is for sending information by Royal Mail First Class.

When providing copies of pre-printed publications, the Adjudicator will charge no more than the cost per copy, pro rata, of the total print run.

The Adjudicator will not pass on any other costs to you in relation to his published information.

Please note that this charging schedule will not apply to the Adjudicator's commercial publications, if any (see Class 8 below). These items, if any, will be offered for sale through retail outlets such as book shops, academic journal websites or museum shops and their price will reflect a 'market value' which may include the cost of production.

Contact Us

You can contact the Adjudicator for assistance with any aspect of this publication scheme:

The Local Government Political Restrictions Exemptions Adjudicator for Scotland
P.O. Box 10153
Dundee
DD2 9BS

Email: adjudicator@lumison.co.uk
Website: www.lgpreas.org

The Adjudicator will also advise you how to ask for information that he does not publish or how to complain if you are dissatisfied with any aspect of the publication scheme.

Once published, information will be available for the current fiscal year and will remain available for at least two years further. Where information has been updated or superseded, both current and previous versions can be made available.

Classes of Information

 

Class 1: About the Authority

The information available from the Adjudicator in this class is:

  1. Enabling Legislation: A note of all the relevant legislation governing the appointment and activities of the Adjudicator (to be found in paragraphs 6 to 8 of the 'Guidance for Local Authorities in the Identification of Politically Restricted Posts', published by the Adjudicator on 31 October 2016 and referred to in this document as the Guidance).

  2. The Local Government Political Restrictions Exemptions Adjudicator for Scotland (the Adjudicator) is a post set up by virtue of Part 1, Section 3 of the Local Government and Housing Act 1989 (cap 42) (referred to in this document as LGHA 1989). The incumbent is expected to adjudicate when there is a difference of view between a local authority and an employee as to whether the post occupied by the employee should be subject to political restrictions.
  3. The present Adjudicator is Stuart Allan, who was first appointed by Scottish Ministers with effect from 1 July 2015 and whose current term expires 30 June 2019. Mr Allan operates on his own, working from home. His performance is subject to appraisal by the Deputy Director of the Local Government Division, Victoria Quay, Edinburgh EH6 6QQ.
  4. The Adjudicator may be contacted by post at PO Box 10153, Dundee DD2 9BS, by e-mail at adjudicator@lumison.co.uk and on the web at www.lgpreas.org.

Class 2: How the Authority Delivers Its Functions and Services

  1. On 31 October 2016, the Adjudicator published new 'Guidance for Local Authorities in the Identification of Politically Restricted Posts'. It was sent to all local authorities and posted on my website www.lgpreas.org  This guidance is current and can be downloaded from the website as a pdf file. It contains all that local authorities and their employees need to know about the application of political restrictions. It also advises both parties how to proceed in the event of a need for adjudication.
  2. The new Guidance brings the previous Guidance up-to-date and makes some changes that are intended to be helpful to local authorities and postholders.
  3. The Adjudicator has both a reactive and a proactive role. The reactive role is to respond to any requests for adjudication that reach his desk. The proactive role is to require local authorities to produce lists of politically restricted posts and, at his discretion, to direct local authorities to modify the classification of a post or posts where he considers that the political restriction, or lack of it, is not in accordance with the legislation.
  4. So far, the proactive role of the Adjudicator has been limited to the requirement placed upon local authorities to produce lists of politically restricted posts. It may be that in future the Adjudicator extends his proactive role to include close discussion with local authorities about the appropriateness of their application of political restrictions.

 

Class 3: How the Authority Takes Decisions and What It has Decided

  1. In producing his new Guidance in 2016, the Adjudicator consulted with all local authorities and with the Convention of Scottish Local Authorities. The Guidance was finalised taking account of all the comments received. In any case where adjudication is sought, it is the intention of the Adjudicator to examine the matter from both the point of view of the employee and of the local authority concerned before carrying out his own assessment of the situation. Subsequent to these processes, the Adjudicator will issue his findings to all parties concerned. LGHA 1989 does not provide for appeal by either party against the Adjudicator's decision. In light of this, the Adjudicator considers that extensive consultation and careful deliberation are essential prerequisites to his adjudications. Any adjudication will be determined with reference to the provisions of LGHA 1989. It is because these provisions are open to interpretation that it is necessary for Guidance to be in place. Any adjudication will rely as far as possible on the interpretation of LGHA 1989 published in the Guidance.
  2. The Guidance is kept under review and, if necessary, will be reissued if any amendments become necessary as a result of new legislation or reinterpretation of existing legislation in the light of experience.
  3. Although empowered by LGHA 1989 to do so, the Adjudicator currently has no plans to take a proactive role in examining the lists of politically restricted posts supplied by local authorities with a view to making determinations as to whether certain posts should or should not be included. Should Scottish Ministers decide that such activity would be appropriate, the Adjudicator would then undertake it. In such an event, no determination would be made without full consultation with the local authority concerned.

 

Class 4: What the Authority Spends and How It Spends It

  1. The Adjudicator is remunerated at the rate of £200 per day for work done. No retainer is paid, so, in the absence of adjudication requests, the cost is low. There are a few other costs related to website management, P O Box rental, stationery and occasional travel. In the year to 31 March 2019, the budget was £5,000..

 

Class 5: How the Authority Manages Its Human, Physical and Information Resources

  1. The Adjudicator has only himself to manage. He uses his own office accommodation, for which no charge is made to the public purse. A small set of files is kept in a dedicated cupboard in his office.  
  2. Electronic correspondence is retained on the servers of his internet service provider, Lumison. A small amount of information, such as a copy of this document, is on the hard drive of his own computer. Access to the computer is password protected. The computer itself is protected and the files are backed up on an external hard drive from time to time.

 

Class 6: How the Authority Procures Goods and Services from External Providers

  1. The Adjudicator has extremely limited external procurement expenditure, being solely the annual retainers to Lumison, the internet service provider, and the Post Office for box rental. There are thus no procurement systems in place, as they are not needed.

 

Class 7: How Our Authority is Performing

  1. Performance has been designed at a level to cope with a modest level of activity to ensure value for money and to minimize the cost to the public purse..
  2. The Adjudicator produces an Annual Report every financial year, which is lodged with the Deputy Director of the Local Government Division of the Scottish Government. The financial year runs from 1 April to 31 March.

 

Class 8: Our Commercial Publications

  1. The Adjudicator has no commercial publications. His only publications are the Guidance which is available as a download from www.lgpreas.org and his Annual Reports, which are lodged with the Scottish Government.  

 

Class 9: Last Updated

  1. This Guide was last updated on 29 March 2019.