Scottish councils welcome incorporation of European charter on local self-government into Scots Law
- Details
Local authorities in Scotland have welcomed the commencement of the European Charter of Local Self-Government (Incorporation) (Scotland) Act 2026, a new law which they say strengthens the democratic role of councils and embeds the principles of local self-government in Scotland’s legal framework.
COSLA, which represents Scotland’s councils, said these principles include the right and ability of councils, within the limits of the law, to regulate and manage a substantial share of public affairs, under their own responsibility and in the interests of local people.
The principles also say councils should be consulted in due time and in an appropriate way on matters that concern them directly.
“Boundaries are protected too: changes should not be made without prior consultation of the local communities concerned. And councils should have adequate financial resources, commensurate with their responsibilities,” COSLA said.
It added: “In practice, the Charter’s principle of subsidiarity means decisions about the services people rely on every day, from schools and social care to roads, housing and local parks, should be taken as close to communities as possible, unless there is a clear reason to decide at a wider level.”
Last month, the Scottish Government published a proposal for reform of local government that would see the existing 32 councils replaced by six to ten regional authorities focused on strategic decision-making.
There would then be “a substantial number (120-160)” of community authorities focused on local decision-making.
Responding to the proposals, COSLA warned that public service reform will “only succeed if it is rooted in communities” and that any changes to the governance landscape “must enhance local democracy and bring decisions closer to communities”.
The European Charter of Local Self-Government (Incorporation) (Scotland) Act 2026 received Royal Assent on 15 April 2026, with its substantive provisions commencing on 15 October 2026.
COSLA Vice President, Cllr Steven Heddle, said: “The commencement of the European Charter into Scots Law is timely, coming as it does as Ministers seek to restructure Local Government.
"Councils are where democracy sits closest to people’s everyday lives. Today, after long COSLA lobbying, that principle is finally written into law.”
Cllr Heddle added: “The Charter gives us a clear test for Public Service Reform: does it put communities first? Scottish Ministers now have a legal duty to act compatibly with the Charter, and, while the First Minister has made clear that COSLA will be a key partner throughout the reform process, underpinned by the Act, that must be reflected in how change is designed and delivered.
“Councils must also have the powers, resources and flexibility to act on what communities tell us.
"This is what COSLA will be pressing for as the debate around PSR continues.”
Lottie Winson
Jobs
Senior Legal Adviser (General Counsel Advice)
Locums
Directory
