This Member’s Bill was introduced by Andy Wightman MSP. The Bill proposes to incorporate the European Charter of Local Self-Government into Scots law.
This is a Member's bill
The Bill was introduced on 5 May 2020 and is at Reconsideration Stage
This Bill is subject to reconsideration and might not become an Act of the Parliament.
This Member’s Bill was introduced by Andy Wightman MSP. It proposes to incorporate the European Charter of Local Self-Government into Scots law.
The Charter is an international treaty of the Council of Europe signed by the UK in 1997. The Council of Europe is an international organisation founded in 1949 to uphold human rights, democracy and the rule of law in Europe. The Charter sets out some principles to protect the basic powers of local authorities.
Extra legislation is needed to give the international treaty the same status in Scots law as domestic laws. That is the purpose of this Bill.
Under this Bill, the following must be compatible with the Charter:
It will mean action can be taken in the courts to challenge these actions and laws if someone believes they may not be compatible.
The member in charge of the Bill, Andy Wightman MSP, has introduced the Bill to strengthen the status and standing of local government.
Andy Wightman supports the principles of the Charter. He wants to make sure they are routinely applied by the Scottish Government.
He also wants to make sure that people who think those principles are not being followed can do something about that. This includes raising their concerns in a Scottish court.
European Charter of Local Self-Government (Incorporation) (Scotland) Bill as introduced (330KB, pdf) posted 05 May 2020
Explanatory Notes (138KB, pdf) posted 05 May 2020
Policy Memorandum (339KB, pdf) posted 05 May 2020
Financial Memorandum (175KB, pdf) posted 05 May 2020
Delegated Powers Memorandum (154KB, pdf) posted 04 May 2020
Statements on legislative competence (130KB, pdf) posted 12 May 2020
All Bills introduced in the Parliament must be accompanied by specific documents. For most Bills, this includes:
Explanatory Notes: this document provides an overview of what the Bill does, plus a more detailed explanation of individual provisions.
Policy Memorandum: this sets out the objectives of the Bill. It also lists any alternatives considered, details of consultations, and an assessment of the effects of the Bill on a range of areas.
Financial Memorandum: this sets out estimates of costs, savings, and any changes to revenues expected to result from the Bill.
Delegated Powers Memorandum: this is needed if a Bill gives powers to make subordinate legislation or allows Scottish Ministers to issue directions, guidance or codes of practice.
Statements on legislative competence: two short statements, one by the Presiding Officer and one by the Member introducing the Bill. “Legislative competence” means the powers the Parliament has to make law.
The Presiding Officer has decided under Rule 9.12 of Standing Orders that a financial resolution is not required for this Bill.
For each Bill, the Presiding Officer must decide if a 'Financial Resolution' is required. The main reasons a Bill would need a Financial Resolution are that:
If a Bill requires a Financial Resolution:
Mark Ruskell MSP is the additional member in charge for the European Charter of Local Self-Government (Incorporation) (Scotland) Bill.
The Member who introduces the Bill is also, in the first instance, the ‘Member in charge’ of it. They may choose to name an ‘additional Member in charge’. This gives the Member in charge an assurance that any necessary procedural steps can still be taken if they are unavailable for a period or on a particular occasion.
The Scottish Parliament's Information Centre (SPICe) prepares impartial research and analysis to assist MSPs in their examination of Bills and other parliamentary business.
Research briefing on the European Charter of Local Self-Government (Incorporation) (Scotland) Bill
The Bill was introduced on 5 May 2020
At Stage 1, the Bill is given to a lead committee. This is usually the committee whose remit most closely relates to the subject of the Bill. The lead committee will consider and report on the Bill. Other committees may also examine the Bill and report to the lead committee. Finally, there is a debate and vote by all MSPs on the general principles of the Bill. If the general principles are not agreed to, then the Bill ‘falls’ and can’t become law.
The lead committee for this Bill is the Local Government and Communities Committee.
The lead committee will usually examine the Bill through evidence sessions. This will involve contributions from individuals and organisations, known as 'witnesses', with knowledge of the subject matter. The committee might also discuss the Bill in private sessions.
The deadline for sharing your views on this Bill has passed.
Local Government and Communities Committee published its report on 22 January 2021.
European Charter of Local Self-Government (Incorporation) (Scotland) Bill Stage 1 Report
If a Bill is relevant to more than one committee, 'secondary committees' may consider and report on the general principles of the Bill to the lead committee. Some Bills may also be considered by the Delegated Powers and Law Reform Committee or the Finance and Public Administration Committee.
A Stage 1 debate took place on 4 February 2021 to consider and decide on the general principles of the Bill.
See further details of the motion
The Bill ended Stage 1 on 4 February 2021
At Stage 2, MSPs can propose changes to a Bill. These are called 'amendments'. Any MSP can suggest amendments but only members of the Stage 2 committee can decide on them.
Documents with the amendments considered at the meeting held on 24 February 2021.
Marshalled List of Amendments for Stage 2 (196KB, pdf) posted 19 February 2021
Groupings of Amendments for Stage 2 (162KB, pdf) posted 19 February 2021
The Delegated Powers and Law Reform Committee published a report on 18 March 2022 on the Bill after Stage 2 amendments.
European Charter of Local Self-Government (Incorporation) (Scotland) Bill: Stage 2 report
The Bill ended Stage 2 on 24 February 2021
At Stage 3, MSPs can propose further amendments (changes) to the Bill. These are debated and decided on in the Debating Chamber. At this stage, all MSPs can vote on them. There is then a debate on whether to pass the Bill. If the Bill is not passed, it ‘falls’ and can't become law.
Documents with the amendments considered at the meeting held on 23 March 2021.
Marshalled List of Amendments for Stage 3 (166KB, pdf) posted 17 March 2021
Groupings of Amendments for Stage 3 (171KB, pdf) posted 18 March 2021
Once MSPs have decided on the amendments, they debate whether to pass the Bill.
Result 114 for, 0 against, 0 abstained, 15 did not vote Agreed
See further details of the motion
The Supreme Court ruled that some of the things this Bill sets out to do are not within the powers of the Scottish Parliament. Because of this, the Bill cannot become law in its current form.
The Bill ended Stage 3 on 23 March 2021
Following a challenge by Law Officers or the Secretary of State, the Parliament may decide to reconsider a Bill. The main purpose of a Reconsideration Stage is to allow the Bill to be amended to remove the basis on which it was blocked. Further "amendments" (changes) can be submitted, MSPs then debate and vote on whether to approve the Bill.
After the Bill was passed in session 5, it was referred by the Law Officers to the Supreme Court under Section 33 of the Scotland Act 1998. The Supreme Court then ruled that some of the things the Bill set out to do were not within the powers of the Scottish Parliament. The Bill as passed at Stage 3 could therefore not be sent for Royal Assent.
In session 6, MSPs debated whether to reconsider the Bill following the Supreme Court ruling.
Parliament agreed to reconsider the Bill on 4 February 2026.
Read the minutes of the meeting (214KB, pdf) posted 04 February 2026
On 15 January 2026, the Cabinet Secretary for Finance and Local Government, Shona Robison MSP, wrote to Mark Ruskell MSP detailing proposed amendments to the Bill.
This letter was copied to the Local Government, Housing and Planning Committee. At its meeting on 27 January 2026, the Committee agreed to write to stakeholders for their views on the proposed amendments. The Committee sought views from:
Law Society of Scotland
Faculty of Advocates
Society of Local Authority Lawyers and Administrators in Scotland
Enlighten
COSLA
Prof. Chris Himsworth (University of Edinburgh)
Prof. Richard Kerley (Queen Margaret University)
Andy Wightman
Mark Ruskell MSP
See a full list of Reconsideration Stage correspondence for this committee
MSPs can currently submit amendments ("changes") to the Bill. A daily list of amendments will be published each day that amendments are lodged or withdrawn by MSPs. Following the deadline for amendments, the Marshalled List and Groupings of Amendments will be published to replace the daily lists.
Daily list of amendments for 5 February 2026 (210KB, pdf) posted 05 February 2026
The deadline for lodging amendments will be added once the date for Reconsideration Stage proceedings has been agreed to.
Documents with the amendments to be considered and debated at the meeting held in due course.
Marshalled List of Amendments for Reconsideration Stage will be published before the meeting.
Groupings of Amendments for Reconsideration Stage will be published before the meeting.
At Reconsideration Stage, once MSPs have decided on the amendments, they debate whether to approve the amended Bill.
The Bill as approved will be published following Reconsideration Stage proceedings.