LOCAL GOVERNMENT POLITICAL RESTRICTIONS EXEMPTIONS ADJUDICATOR FOR SCOTLAND

Overview:

The Local Government Political Restrictions Exemptions Adjudicator for Scotland is a statutory post defined in section 3 of the Local Government and Housing Act 1989.

The main role of the Adjudicator is to decide cases where there is a disagreement between a council employee and his or her employer about whether the restrictions in the 1989 Act should apply to that employee.

The Adjudicator will also provide advice to local authorities and local authority employees on the relevant provisions of the 1989 Act as required. This may include giving advice on a regular basis to an authority itself, to any committee or sub-committee of an authority or to any joint committee on which an authority is represented. It can also include speaking to the media.

The Adjudicator may also give a direction to a local authority in respect of the list of politically restricted posts which they are required to prepare and maintain.

Non-statutory guidance summarising the current legislation which applies to local authority politically restricted posts and giving advice on interpretation was prepared in consultation with authorities and published by the Adjudicator on 31 October 2016. The Adjudicator will be expected to assess how well the guidance is working and to review whether any changes to the guidance might be required.

The Adjudicator will be required to submit an annual report on his or her activities to the Minister within six months of the end of the year in question.

There is a web-site covering the responsibilities and functions of the Adjudicator’s office at www.lgpreas.org the content of which the Adjudicator will be expected to keep under review.

Responsibilities:

• The Local Government Political Restrictions Exemptions Adjudicator for Scotland is a statutory post defined in section 3 of the Local Government and Housing Act 1989.
• The main role of the Adjudicator is to decide cases where there is a disagreement between a council employee and his or her employer about whether the restrictions in the 1989 Act should apply to that employee.
• The Adjudicator will also provide advice to local authorities and local authority employees on the relevant provisions of the 1989 Act as required. This may include giving advice on a regular basis to an authority itself, to any committee or sub-committee of an authority or to any joint committee on which an authority is represented. It can also include speaking to the media.
• The Adjudicator may also give a direction to a local authority in respect of the list of politically restricted posts which they are required to prepare and maintain.
• Non-statutory guidance summarising the current legislation which applies to local authority politically restricted posts and giving advice on interpretation was prepared in consultation with authorities and published by the Adjudicator on 31 October 2016. The Adjudicator will be expected to assess how well the guidance is working and to review whether any changes to the guidance might be required.
• The Adjudicator will be required to submit an annual report on his or her activities to the Minister within six months of the end of the year in question.
• There is a web-site covering the responsibilities and functions of the Adjudicator’s office at www.lgpreas.org the content of which the Adjudicator will be expected to keep under review.

PERSON SPECIFICATION

• Candidates should have considerable knowledge of local government issues and the wider political and administrative environment. They will need to show that they will be able to command the respect of the local government community and other stakeholders. Ideally, candidates should have some adjudication or tribunal experience, and an awareness of the legislation under which he or she will be required to operate.
• It is also essential that you are able to demonstrate your capacity for analysis and reasoned judgement, including of complex situations. It is also essential that you can communicate effectively at all levels.

PERIOD OF APPOINTMENT

• The appointment will be for 4 years, subject to satisfactory performance and an annual review of the requirements of the post. There may be the possibility of re-appointment. Any re-appointment will also be subject to satisfactory performance and an annual review. As with all appointments of this nature, Ministers reserve the right to terminate the appointment before the completion of its term for any proper reason.

REMUNERATION

• The post is not salaried and does not include any pension provision. Remuneration will be at the rate of £ 209.98 per day or pro rata for part of a day. In addition, all reasonably incurred and appropriate expenses will be reimbursed.
• The Adjudicator will be required to submit an annual report on his or her activities togeth.er with a note of his or her fees and expenses for that year, to reach the relevant team in the Scottish Government before the end of February in each year, together with any additional information as may reasonably be required.

Competencies

Communications and Engagement

Improving Performance

Analysis and Use of Evidence

Leading others

Essential Criteria & Qualifications:

No specific qualifications required.

Essential Criteria

1. Candidates should have considerable knowledge of local government issues and the wider political and administrative environment. 2. Candidates should be able to communicate effectively at all levels. 3. Candidates should be able to demonstrate capacity for analysis and reasoned judgement, including of complex situations. 4. Ideally, candidates should have some adjudication or tribunal experience, and an awareness of the legislation under which he or she will be required to operate.
Diversity/Disability
We are committed to increasing the diversity of staff. We will develop all our staff, and positively value different perspectives and skills. We want to make full use of these on our work. We especially welcome applications from the minority ethnic and disabled community since these groups are under-represented at present.
To apply, you must fully complete and submit an online application via this website before the closing date.
For futher information on this post please review the Person Specification below.
Person Specification
To learn more about this opportunity, please contact James Walls at james.walls@gov.scot
The Scottish Government is a diverse and inclusive workplace and we want to help you demonstrate your full potential whatever type of assessment is used. If you require any adjustments to our recruitment process, please let us know via ScottishGovernmentrecruitment@gov.scot
As part of any recruitment process, Scottish Government and associated public bodies collects and processes personal data relating to job applicants and applicants for public appointments.
Personal information you provide in the recruitment process will be made available to Scottish Government and our additional data processors.