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Local Government (Scotland) Act 1973

Changes over time for: SCHEDULE 4

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Point in time view as at 14/05/2021.

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Local Government (Scotland) Act 1973, SCHEDULE 4 is up to date with all changes known to be in force on or before 12 August 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. Help about Changes to Legislation

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Section 12.

SCHEDULE 4S [F1Constitution and proceedings of Boundaries Scotland]

Textual Amendments

1(1)[F2Boundaries Scotland] shall be a body corporate consisting of a chairman, a deputy chairman and not more than four other members.S

(2)The members of [F3Boundaries Scotland] shall be appointed by the Secretary of State and, subject to sub-paragraph (3) below, shall hold and vacate office in accordance with the terms of their respective appointments.

(3)The Secretary of State may remove a person from membership of [F4Boundaries Scotland] if he is satisfied that that person—

(a)has had his estate sequestrated or has made a trust deed for behoof of his creditors or a composition contract;

(b)is incapacitated by physical or mental illness;

(c)has been absent from meetings of [F4Boundaries Scotland] for a period longer than six consecutive months otherwise than for a reason approved by the Secretary of State; or

(d)is otherwise unable or unfit to discharge the function of a member.

(4)The common seal of [F5Boundaries Scotland] shall be authenticated by the signature of a member of [F5Boundaries Scotland] or of some other person authorised in that behalf by [F5Boundaries Scotland].

Textual Amendments

F2Words in Sch. 4 para. 1(1) substituted (14.5.2021) by Scottish Elections (Reform) Act 2020 (asp 12), s. 35, sch. para. 1(2)(k); S.S.I. 2021/124, reg. 2, sch.

2(1)There shall be paid to each member of [F6Boundaries Scotland] such salary or fees and allowances as may from time to time be determined by the Secretary of State F7. . ..S

(2)[F8Boundaries Scotland] may pay such pension, allowance or gratuity to or in respect of any member of [F8Boundaries Scotland] on his retirement or death, or make such payments towards the provision of such pension, allowance or gratuity, as the Secretary of State may, F7. . . determine.

(3)If a person ceases to be a member of [F9Boundaries Scotland], and it appears to the Secretary of State that there are special circumstances which make it right that that person should receive compensation, the Secretary of State may, F7. . . require [F9Boundaries Scotland] to pay to that person a sum of such amount as the Secretary of State may F7. . . determine.

Textual Amendments

F6Words in Sch. 4 para. 2(1) substituted (14.5.2021) by Scottish Elections (Reform) Act 2020 (asp 12), s. 35, sch. para. 1(2)(k); S.S.I. 2021/124, reg. 2, sch.

F7Sch. 4 para. 2 words repealed (1.7.1999) by S.I. 1999/1820 arts. 1(2), 4, Sch. 2 Pt. 1 para. 53(3), Pt. 4 ; S.I. 1998/3178, art. 3

F103S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

4(1)The Secretary of State may appoint, to assist and advise [F11Boundaries Scotland] in the exercise of [F12its] functions, such persons as he thinks fit, being persons having expert knowledge likely to be of value to [F13Boundaries Scotland].S

(2)There shall be paid to persons appointed under this paragraph such fees and allowances as may from time to time be determined by the Secretary of State with the consent of [F14the Treasury].

Textual Amendments

F11Words in Sch. 4 para. 4(1) substituted (14.5.2021) by Scottish Elections (Reform) Act 2020 (asp 12), s. 35, sch. para. 1(2)(k); S.S.I. 2021/124, reg. 2, sch.

F12Word in Sch. 4 para. 4(1) substituted (14.5.2021) by Scottish Elections (Reform) Act 2020 (asp 12), s. 35, sch. para. 1(10); S.S.I. 2021/124, reg. 2, sch.

F13Words in Sch. 4 para. 4(1) substituted (14.5.2021) by Scottish Elections (Reform) Act 2020 (asp 12), s. 35, sch. para. 1(3)(i); S.S.I. 2021/124, reg. 2, sch.

F14Words substituted by virtue of S.I. 1981/1670, arts. 2(2), 3(5)

5SAt any meeting of [F15Boundaries Scotland] three shall be the quorum.

Textual Amendments

6SAll acts done at a meeting of [F16Boundaries Scotland] shall, notwithstanding that it is afterwards discovered that there was a defect in the appointment of a person purporting to be a member of [F17Boundaries Scotland], be as valid as if the defect had not existed.

Textual Amendments

7SSubject to the preceding provisions of this Schedule and to the provisions of, and of any directions given under, Part II of this Act, the procedure of [F18Boundaries Scotland] at and in connection with [F19its] meetings shall be such as [F20it] may from time to time determine.

Textual Amendments

Officers and servants, remuneration and expensesS

8(1)The Secretary of State may appoint a secretary to [F21Boundaries Scotland] and such other officers and servants of [F22Boundaries Scotland] as he may F23. . . determine.S

(2)Before appointing a person to be secretary to [F24Boundaries Scotland], the Secretary of State shall consult with [F24Boundaries Scotland].

(3)The terms and conditions of appointment of any person appointed under this paragraph shall be determined by the Secretary of State F23. . ..

(4)[F25Boundaries Scotland] may, with the approval of the Secretary of State F23. . . pay to its officers and servants such remuneration, allowances and expenses as may from time to time be determined.

(5)[F26Boundaries Scotland] may, with the approval of the Secretary of State, pay such pensions, allowances or gratuities to or in respect of any of its officers or servants on their retirement or death, or make such payments towards the provision of such pensions, allowances or gratuities, as may be determined.

Textual Amendments

F21Words in Sch. 4 para. 8(1) substituted (14.5.2021) by Scottish Elections (Reform) Act 2020 (asp 12), s. 35, sch. para. 1(2)(k); S.S.I. 2021/124, reg. 2, sch.

F23Sch. 4 para. 8 words repealed (1.7.1999) by S.I. 1999/1820 arts. 1(2), 4, Sch. 2 Pt. 1 para. 53(3), Pt. 4; S.I. 1998/3178, art. 3

9SThe expenses of [F27Boundaries Scotland] including—

(a)the salaries, fees and allowances of its members,

(b)any payment of or towards the provision of a pension, allowance or gratuity to or in respect of a member on his retirement or death,

(c)any payment of compensation to a person who ceases to be a member,

(d)the remuneration and any expenses paid to an assistant commissioner, and

(e)the remuneration and any expenses paid to the officers and servants of [F28Boundaries Scotland], and

(f)any payment of or towards the provision of a pension, allowance or gratuity to or in respect of any of the officers or servants of [F29Boundaries Scotland],

together with the fees and allowances paid to persons appointed under paragraph 4 above, shall be defrayed out of moneys provided by [F30the Scottish Ministers.]

Textual Amendments

F28Words in Sch. 4 para. 9(e) substituted (14.5.2021) by Scottish Elections (Reform) Act 2020 (asp 12), s. 35, sch. para. 1(3)(l); S.S.I. 2021/124, reg. 2, sch.

F29Words in Sch. 4 para. 9(f) substituted (14.5.2021) by Scottish Elections (Reform) Act 2020 (asp 12), s. 35, sch. para. 1(3)(l); S.S.I. 2021/124, reg. 2, sch.

F30Words in Sch. 4 para. 9 substituted (1.7.1999) by S.I. 1999/1820 art. 4 Sch. 2 Pt. 1 para. 53(3)

Proof of documentsS

10(1)Every document purporting to be an instrument made or issued by [F31Boundaries Scotland] and to be duly sealed with the seal of [F32Boundaries Scotland] or to be signed by the Secretary or any person authorised to act in that behalf shall be received in evidence and, unless the contrary is proved, shall be deemed to be an instrument made or issued by [F32Boundaries Scotland].S

(2)Sufficient evidence of any such instrument may in any legal proceedings be given by the production of a document purporting to be certified by or on behalf of the secretary of [F33Boundaries Scotland] to be a true copy of the instrument.

Textual Amendments

F31Words in Sch. 4 para. 10(1) substituted (14.5.2021) by Scottish Elections (Reform) Act 2020 (asp 12), s. 35, sch. para. 1(2)(k); S.S.I. 2021/124, reg. 2, sch.

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