Clackmannanshire Council Online

Information on Signing Powers for Councillors in Scotland

Information on Signing Powers for Councillors in Scotland

From 10th December 2007 Elected Members of Local Authorities, Councillors, can undertake some of the signing duties carried out by Justices of the Peace.

What the Act enables Councillors to do

The 2007 Act authorises Councillors to:

• sign any document for the purpose of authenticating another person's signature;
• take and authenticate by their signature any written declaration;
• give a signed certificate of facts within the individual's knowledge;
• give a signed certificate of the individual's opinion as to any matter.

When a Councillor exercises their signing functions they must write "Member of a Local Authority" next to their signature for the document to be valid.

What the Act does not allow a Councillor to do

A Councillor may NOT:

• administer the oath or affirmation;
• take an Affidavit;
• grant a Warrant.

A Councillor may not charge a fee for exercising their signing functions.

These sigining powers are a result of subsections 76(2), (3), (5) and (6) from the Criminal Proceedings etc. (Reform)(Scotland) Act 2007.

Further information can be found by refering to the Scottish Government's document entitled Councillors' New Signing Powers, Information on their use.