§ Mr. McMasterTo ask the Secretary of State for Scotland what statutory rights he has to surcharge members of(a) health boards, (b) health trusts, (c) local enterprise companies, (d) other non-departmental public bodies and (e) elected local authorities; what plans he has to make any change to the current situation, and if he will make a statement.
§ Mr. Lang[holding answer 7 June 1993]: I have no statutory powers to surcharge members of health boards, national health service trusts or local enterprise companies. As far as local authorities are concerned the position is that, following recommendations made by the Commission for Local Authority Accounts in Scotland relating to unlawful or improper expenditure incurred by any local authority, I am empowered by section 104 of the Local Government (Scotland) Act 1973 to consider the possibility of surcharging the person or persons concerned, a sum not exceeding the amount of unlawful or improper expenditure in question. Under the same section of that Act, I am empowered also to surcharge members of river purification boards, which are non-departmental public bodies. I have no statutory powers to surcharge members of non-departmental bodies. I have no plans to change the present arrangements in respect of any category of body.