§ Mr. Kirkwoodasked the Secretary of State for Scotland if he will list his powers to impose sanctions against district authorities who do not carry out any mandatory duties under the Civil Defence (General Local Authority Functions) Scotland Regulations 1983.
§ Mr. AncramThe following provisions are relevant:
- (a) the Civil Defence (General) (Scotland) Regulations 1949 contain powers to ensure that, if necessary, civil defence functions conferred on a local authority which has failed or refused properly to discharge those functions are carried out at the expense of the authority;
- (b) the Civil Defence (Grant) (Scotland) Regulations 1953 contain powers to withhold civil defence grants where a local authority has not performed its civil defence functions efficiently or has not complied with any directions issued by the Secretary of State;
- (c) Section 211 of the Local Government (Scotland) Act 1973 provides a general procedure which in the circumstances specified may lead to a court order for specific performance of a function by a local authority.
I have, however, no reason to believe that local authorities will not carry out the statutory obligations laid on them by Parliament.