2 What do councils do?
Councils provide many essential local services, including:
- schools
- social care
- waste collection
- road maintenance
- planning and licensing
- cultural and leisure services.
Councils are creatures of statute; that is to say, the services they provide and the functions they carry out, are a result of certain powers and duties conferred on them by legislation made by the Scottish or UK Parliaments.
The services that councils provide are:
- statutory (mandatory), with Acts of Parliament laying down specific duties that councils must carry out
- discretionary (permissive), which councils can do if they wish – and they can charge for them, where legislation doesn’t prevent them from doing so.
Councils cannot take actions which are ultra vires – that is, ‘beyond the powers’ that Acts of Parliament confer upon them. Councils have a general power to advance wellbeing, which allows them to do anything that they think appropriate if it promotes the economic, social or environmental wellbeing of their areas and communities (Local Government in Scotland Act 2003).
Should you decide to stand for election and be successful, you will need to balance the need for the council to carry out its statutory duties appropriately while also deciding how to use the discretionary powers available to the council. You do not need to do this on your own because the council employs officers to help and advise you.
It may surprise you to learn about some of the things that your council must do, as well as what it can choose to do. Have a go at the following activity to find out how much you know about what your council needs to do versus what it can choose to do.
Activity: Statutory or discretionary?
Which of the following services are statutory (compulsory) and which are discretionary (optional)?
Click Check to confirm whether your responses are correct before selecting Reveal. You can click on Save if you want to return to this activity later, or Reset if you want to start again.
When you’ve completed the activity, click Reveal discussion to see an explanation for why a service is statutory or discretionary.
Discussion
The answers are discussed in the following table.
| Service | Statutory or discretionary | Explanation |
|---|---|---|
| Enforcing littering offences through fixed penalty notices | Discretionary | Councils can issue a fine – called a fixed penalty notice – for littering and other environmental offences such as graffiti and fly-tipping in public places. If the fine is paid, the person avoids going to court; if it’s not paid, the council can take legal action, which could lead to a much larger fine and a criminal record. These penalties serve as an alternative to prosecution and help to enforce cleanliness in public spaces. |
| Promoting and supporting the separate collection of recycling and waste | Statutory | Councils must make sure all domestic properties have the appropriate bins or containers to separate recyclable materials such as paper, plastic, metal and glass. This helps to make recycling easier and reduces waste going to landfill. Councils can take a different approach in some rural areas where separate collections might do more harm than good to overall waste goals. The aim is to support high-quality recycling while being practical and environmentally responsible. |
| Regulating the proper use of disabled parking | Discretionary | Councils have the power to regulate and enforce the proper use of disabled parking spaces. This means that they can designate parking bays for Blue Badge holders and make sure these spaces are used only by people who are entitled to them. Councils do this through Traffic Regulation Orders (TROs), which set the rules for where disabled bays are located and how they can be used. They also have enforcement powers to issue penalty notices if someone parks illegally in these spaces. |
| Dealing with stray dogs | Statutory | Councils must collect and care for stray dogs. This means they must make sure stray dogs are picked up, kept safe for seven days, and either returned to their owners or rehomed. Councils usually have dog wardens or animal control officers who carry out this work, and they must also provide somewhere for the dogs to be held during that time. |
| Providing and managing burial grounds | Statutory | Councils must provide at least one burial ground within their area if no other suitable provision exists. This means making sure there is a safe, respectful place for burials that is properly managed and maintained. Councils are also responsible for keeping burial grounds in good condition, inspecting memorials, and ensuring the space is accessible and dignified for families and communities. |
| Providing a crematorium or entering into arrangements for external provision | Discretionary | Councils can operate their own crematorium facilities or work with external providers to ensure that cremation services are available to the public. They can choose whether or not to take on this role based on local demand, financial considerations and strategic priorities. In areas where direct provision is not feasible, councils may collaborate with neighbouring authorities or private operators to meet community needs. |
| Providing and managing free public library services | Statutory | Councils must run and look after public libraries in their area. This means that they are responsible for managing, regulating and controlling how libraries work, including things like opening hours, staffing and services offered. They must also make sure that people can borrow books, ebooks and magazines to read at home for free. This helps to ensure that everyone has fair access to reading and learning, no matter what their income is. |
| Providing school crossing patrols | Discretionary | Councils have the power to provide school crossing patrols to help children cross roads safely on their way to and from school. These patrols can operate between 8 a.m. and 5:30 p.m., and patrol staff are trained and authorised to stop traffic to ensure children’s safety. |
| Appointing a council officer as a Returning Officer for local, UK and Scottish elections | Statutory | Councils must appoint a Returning Officer from among their senior council officers to oversee the conduct of elections, including those for local government, the Scottish Parliament, and the UK Parliament. The Returning Officer is legally responsible for managing all aspects of the electoral process, including nominations, issuing ballot papers, counting votes and declaring results in strict compliance with electoral law. Councils also have a duty to provide the Returning Officer with the necessary resources and support to administer elections effectively. |
| Providing education to any young person of school age | Statutory | Councils must ensure that any young person who is still a school pupil receives an education. This includes identifying those not in school and making sure they have access to suitable education, whether in school or through alternative provision. |
| Commissioning and delivering employability services | Discretionary | Councils can commission and deliver employability services to help people into work. Through the No One Left Behind approach, councils work with partners to design flexible, person-centred services that meet local needs. The Scottish Government provides funding and guidance, but councils have the freedom to shape services based on what works best for their communities. |
| Promoting and supporting local tourism initiatives | Discretionary | Councils can promote and support tourism in their area to help attract visitors, improve local attractions, and work with businesses and tourism organisations. They can run marketing campaigns, provide visitor information, and invest in things like signage, trails and events. These activities help to boost the local economy, supporting jobs, shops and hospitality, but councils decide what to do based on local needs and priorities. |
| Ensuring access to early learning and childcare for eligible pre-school children | Statutory | Councils must ensure that all eligible pre-school children can access 1,140 hours of free early learning and childcare per year. This entitlement applies to all three- and four-year-olds, and some two-year-olds, and must be delivered in a way that is flexible and high-quality, and meets local needs. This includes securing enough places and supporting families to take up their entitlements. |
You can find out more about the powers and duties of your council at The Duties and Powers Portal.
1 An overview of local government in Scotland
