Additional powers request: how to apply

This guidance is intended to provide guidance for the relevant local authorities with regard to making an additional powers request to the Scottish Ministers under the Additional Powers Request (Scotland) Regulations 2019 (“the Regulations”). 

The Regulations are made in exercise of the powers conferred by sections 15 and 21 of the Islands (Scotland) Act 2018 (“the Act”). The regulations create a scheme that satisfies the requirements of both these sections. In this guidance, words and phrases have the same meaning as they do in the Regulations.

Every relevant local authority should have regard to this guidance. The “relevant local authorities” are the local authorities listed in the schedule of the Act. The guidance is non-statutory but has been drafted in collaboration with the relevant local authorities. 

This guidance focuses on the procedures that relevant local authorities are required to carry out and the various steps associated with an additional powers request. The flowchart below provides a high-level summary of the process.

Key:

• diamonds are decision points
• squares are actions to be done
• purple indicates local authority responsibilities
• blue indicates Scottish Government responsibilities
• blue arrows are yes/accept
• red arrows are no/refuse
• shaded areas indicate stages with timescales attached