A local authority General Power of Competence

The Scottish Government is asking for your views on potential legislative changes to enable local authorities to more effectively deliver public services.

A ‘General Power of Competence’ is commonly defined as a statutory power to do ‘anything that individuals may generally do’, and is currently available to local authorities in England, Wales, and Northern Ireland.

A number of representations have been made to the Scottish Government seeking the introduction of a similar General Power of Competence for local authorities in Scotland.

However, despite the existence of a General Power of Competence in England, Wales and Northern Island, many local authorities continue to be reluctant to use that power to explore activity beyond those functions explicitly set out in statute, due to concerns as to potential legal challenge and interpretations by the courts of the limitations of the scope of this power.

This consultation therefore seeks to establish what functions, beyond those already conferred by statute, local authorities in Scotland may wish to pursue and whether new legislation or amendments to existing legislation would be required to deliver those additional functions.

This consultation also seeks to explore how best to deliver a level of confidence and assurance to local authorities to ensure that any further powers are utilised effectively.

Submit your feedback here >

Deadline is 28 March 2025