The Scottish Government is asking whether its controversial plans for local income tax are legal.

As part of its consultation into a system of taxation, the Scottish Government wants to know if councils could be given the power to set any rate of local income tax they chose.

If councils do not have the powers, the SNP's plans could be in breach of a European charter, according to Edinburgh University law professor, Chris Himsworth.

Mr Himsworth told Holyrood's local government committee that the move would be in breach of the European Charter of Local Self-government, which is ratified by Westminster. He said: ‘It seems that a proposal to remove from Scottish local authorities the level of their own financial resources through local taxation is almost certainly in breach of article 9 [of the European Charter of Local Self-government].'

A Convention of Scottish Local Authorities spokesman said: ‘We will seek a local government view in line with the local consultation timescale.

‘It is hoped a report will go to the next convention meeting in Aberdeen on 27 June.'