European Charter of Local Self-Government (Incorporation) (Scotland) Bill [AS APPROVED AT RECONSIDERATION STAGE] An Act of the Scottish Parliament to incorporate in Scots law the European Charter of Local Self-Government, and for connected purposes. 1 The Charter Articles (1) In this Act, “the Charter Articles” means Articles 2 to 11 of the European Charter of 5 Local Self-Government which was opened for signature by the Council of Europe on 15 October 1985. (2) The Charter Articles are set out in the schedule. (2A) For the purposes of this Act, the Charter Articles are to be read subject to any reservations, objections, interpretative declarations, undertakings, notifications or 10 denunciations by the United Kingdom as may be in force from time to time. 1 (3) The Scottish Ministers may by regulations amend this Act to reflect amending or additional protocols to the Charter that have been signed by the United Kingdom (whether before or after the coming into force of this section). 2 Duty to act compatibly with the Charter Articles 15 (1) The Scottish Ministers must ensure that any action they take in exercise of a relevant function is compatible with the Charter Articles (but see subsection (2B)). (2) In subsection (1), a “relevant function” means a function that— (a) is within devolved competence (within the meaning of section 54 of the Scotland Act 1998), and 20 (aa) is conferred by— (i) an Act of the Scottish Parliament, (ii) a Scottish statutory instrument originally made wholly under a relevant enabling power, (iii) a provision in a Scottish statutory instrument originally made partly under 25 a relevant enabling power, provided that the provision itself was either— (A) originally made under the relevant enabling power, or SP Bill 70C Session 5 (2026) 2 European Charter of Local Self-Government (Incorporation) (Scotland) Bill (B) inserted into the instrument by an Act of the Scottish Parliament or subordinate legislation made under a relevant enabling power, or (iv) a rule of law not created by an enactment. (2A) In subsection (2), “relevant enabling power” means a power to make subordinate 5 legislation conferred by a provision in an enactment of a kind mentioned in that subsection, unless the provision was inserted by an enactment of a kind that is not mentioned in that subsection. (2B) The Scottish Ministers do not fail to comply with subsection (1) by taking an action in exercise of a relevant function which is incompatible with the Charter Articles if they 10 were required or entitled to take the incompatible action by words that— 1 (a) are not contained in an enactment of a kind mentioned in subsection (2)(aa), or (b) are contained in such an enactment having been inserted into it by an enactment of a kind that is not mentioned in subsection (2)(aa). (2C) For the purposes of this section— 15 (a) “function” includes the making of subordinate legislation but does not include the preparation or introduction of, or the exercise of other functions in relation to, a Bill for an Act of the Scottish Parliament, (b) a function conferred by words inserted by one enactment into another enactment (“the modified enactment”) is to be regarded as conferred only by the modified 20 enactment, (c) a failure to act (including a failure to make subordinate legislation) is to be treated as the taking of action. 3 Duty to promote local self-government (1) The Scottish Ministers must— 25 (a) keep under consideration whether there are any steps which they could take which would or might safeguard and reinforce local self-government and increase the autonomy of local authorities, and (b) if they consider it appropriate to do so, take any of the steps identified by that consideration. 30 (2) The Scottish Ministers must, in accordance with subsection (3), lay...