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Section Six
Powers for local authorities to broadcast information
6.1 Section 5 of Part 1 of the draft Bill is about the ways that local authorities provide information to people in their area and, specifically, to give them a general power (but not a specific permission) to use television and radio to do so.
The situation now
6.2 An anomaly was created between local authorities in Scotland and those in England and Wales when the Communications Act 2003 (passed by the UK Parliament) lifted restrictions contained in older legislation that prevented local authorities in England and Wales from holding broadcasting licences. It also gave local authorities in England and Wales a power to broadcast information about services in their area. But on these matters the 2003 Act did not extend to Scotland.
Proposals for change
6.3 We propose to use the draft Bill to remedy one part of this anomaly. Legislation about the powers of Scottish local authorities is generally within the competence of the Scottish Parliament. The draft Bill therefore proposes a power for local authorities in Scotland to broadcast information about their services. Broadcasting legislation is in general reserved to the UK Parliament, so the Scottish Parliament cannot give local authorities a power to apply for broadcasting licences. But the UK Government is aware of the Scottish Executive's proposals and has agreed to propose this change too, once the Scottish Parliament has made the change that it can make. Once both changes are made authorities in Scotland, like those in England and Wales, will be able to broadcast television and radio to provide information to the people in their area about what they are doing to fulfil their responsibilities, should they wish to do so.
Consultation Questions
6.4 We would be particularly interested in your views on:
- Do you agree local authorities should have a general power to broadcast information about their activities?
- Do you think it is necessary to give authorities this power in this Bill, or should local authorities be left to rely on 'the power to advance well-being' in section 20 of the Local Government in Scotland Act 2003?
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