COSLA has welcomed the commencement of a new law that writes into Scots law a simple principle: the people closest to a community are best placed to make decisions about it.

The European Charter of Local Self-Government (Incorporation) (Scotland) Act 2026 strengthens the democratic role of councils and embeds the principles of local self-government in Scotland’s legal framework.

These principles include the right and ability of councils, within the limits of the law, to regulate and manage a substantial share of public affairs, under their own responsibility and in the interests of local people. Councils should be consulted in due time and in an appropriate way on matters that concern them directly. Boundaries are protected too: changes should not be made without prior consultation of the local communities concerned. And councils should have adequate financial resources, commensurate with their responsibilities.

In practice, the Charter’s principle of subsidiarity means decisions about the services people rely on every day, from schools and social care to roads, housing and local parks, should be taken as close to communities as possible, unless there is a clear reason to decide at a wider level.

COSLA Vice President, Councillor Steven Heddle, said:

“The commencement of the European Charter into Scots Law is timely, coming as it does as Ministers seek to restructure Local Government.

"Councils are where democracy sits closest to people’s everyday lives.  Today, after long COSLA lobbying, that principle is finally written into law.

“The Charter gives us a clear test for Public Service Reform: does it put communities first?  Scottish Ministers now have a legal duty to act compatibly with the Charter, and, while the First Minister has made clear that COSLA will be a key partner throughout the reform process, underpinned by the Act, that must be reflected in how change is designed and delivered.

“Councils must also have the powers, resources and flexibility to act on what communities tell us.

"This is what COSLA will be pressing for as the debate around PSR continues.”

COSLA will continue to work with the Scottish Government, councils and partners on implementation, so that the Charter’s principles shape public service reform.

ENDS

Notes to editors

• The European Charter of Local Self-Government is a Council of Europe treaty establishing principles for protecting and strengthening local democracy.
• The European Charter of Local Self-Government (Incorporation) (Scotland) Act 2026 received Royal Assent on 15 April 2026, with its substantive provisions commencing on 15 October 2026.
• The Act incorporates all of Articles 2 to 11 of the Charter.
• Key Charter principles include subsidiarity, consultation with Local Government, proportionality of administrative supervision and adequate financial resources.
• The Charter Articles incorporated by the Act include the right and ability of local authorities, within the limits of the law, to regulate and manage a substantial share of public affairs under their own responsibility and in the interests of the local population (Article 3); powers that are normally full and exclusive, and may not be undermined or limited by another authority, central or regional, except as the law provides (Article 4); consultation in due time and in an appropriate way on matters which concern them directly (Article 4); prior consultation of the local communities concerned before any change to local authority boundaries, possibly by referendum where statute permits (Article 5); and financial resources commensurate with their responsibilities (Article 9).
• The Act requires Scottish Ministers to act compatibly with the Charter Articles when exercising devolved functions (section 2). It also places a separate duty on them to keep under consideration steps that would safeguard and reinforce local self-government and increase the autonomy of local authorities, and to report to the Scottish Parliament at least every five years, after consulting representative bodies of local authorities (section 3).
• COSLA represents Scotland’s 32 councils and works to strengthen Local Government and improve outcomes for communities.