Thursday October 15th 2026
Fairfield House in Dalkeith, home to Midlothian Council. The new legislation strengthens the role of Scotland’s councils in local decision-making.
Written by Midlothian View Reporter, Liam Eunson
COSLA has welcomed the commencement of new legislation that strengthens the role of Scotland’s councils in decisions affecting their communities.
The European Charter of Local Self-Government (Incorporation) (Scotland) Act 2026 brings the principles of the Charter into Scots law, reinforcing the democratic role of local authorities and their ability to manage local affairs in the interests of residents.
The legislation sets out that councils should have the right and ability, within the limits of the law, to regulate and manage a substantial share of public affairs under their own responsibility.
It also states that councils should be consulted in good time and in an appropriate way on matters that directly concern them. Changes to local authority boundaries should not be made without prior consultation with the communities affected, while councils should have adequate financial resources to match their responsibilities.
The principles underpinning the Charter include subsidiarity, which means decisions about public services should be taken as close to local communities as possible, unless there is a clear reason for them to be made at a wider level.
This can apply to services such as schools, social care, roads, housing and local parks.
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 said it would continue working with the Scottish Government, councils and other partners to implement the Charter’s principles and ensure they are reflected in future public service reform.
The legislation comes as ministers consider changes to the structure of local government, with COSLA emphasising the importance of involving councils in decisions that affect the communities they serve.
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