Local Government (Scotland) Act 1947

1. Introductory Text

2. PART I Constitution and Elections.

   1. Local Government Areas.

      1. 1. Division into administrative areas.

   2. County Councils.

      1. Constitution.

         1. 2. Establishment of county councils.

         2. 3. Constitution of county councils.

      2. County Councillors.

         1. 4. Term of office of county councillors.

      3. Election of County Councillors representing Landward Area.

         1. 5. Day of election of county councillors for landward area.

         2. 6. Division of landward area of county into electoral divisions.

         3. 7. Electors.

         4. 8. Polling districts.

         5. 9. Appointment of returning officer, etc..

         6. 10. Conduct of election of county councillors for landwaitl area.

         7. 11. Expenses of election of county caimcillors for landward area.

      4. Election of County Councillors representing Burghs.

         1. 12. Election of county councillors representing burghs.

      5. Alteration of Number of County Councillors and of Electoral Divisions.

         1. 13. Alteration of number of county councillors and of electoral divisions.

      6. Convener and Vice-Convener of County.

         1. 14. Convener and vice-convener of county.

   3. Town Councils.

      1. Constitution.

         1. 15. Establishment of town councils.

         2. 16. Constitution of town councils.

      2. Town Councillors.

         1. 17. Term of office of town councillors.

      3. Election of Town Councillors.

         1. 18. Day of annual election of town councillors.

         2. 19. Burgh and ward elections.

         3. 20. Division of burgh into wards.

         4. 21. Alteration of wards in burgh.

         5. 22. Electors.

         6. 23. Polling districts.

         7. 24. Returning officer.

         8. 25. Conduct of election of town councillors.

         9. 26. Expenses of election of town councillors.

         10. 27. Provisions as to date of election in fishing burghs.

      4. Provost, Magistrates, Honorary Treasurer and Judges of Police.

         1. 28. Election and term of office of provost.

         2. 29. Election and term of office of other magistrates.

         3. 30. Honorary treasurer.

         4. 31. Meeting for election of provost, bailies and honorary treasurer.

         5. 32. Acting chief magistrate in absence of provost.

         6. 33. Resignation of magistrate or honorary treasurer.

         7. 34. Filling of casual vacancies in case of provost, bailie, or honorary treasurer.

         8. 35. Magistrates exempted from serving on juries.

         9. 36. Appointment of town councillor to act as judge of police.

         10. 37. Provost, and &c. to go out of office on ceasing to be town councillor.

   4. District Councils.

      1. District Council Schemes and Constitution of District Councils.

         1. 38. District council schemes.

         2. 39. Establishment and constitution of district councils.

      2. District Councillors.

         1. 40. Term of office of district councillors.

      3. Election of Elected District Councillors.

         1. 41. Day of election of elected district councillors.

         2. 42. District council elections.

         3. 43. Division of electoral division into wards.

         4. 44. Electors.

         5. 45. Conduct of election of elected district councillors.

         6. 46. Expenses of election of elected district councillors.

      4. Chairman and Vice-Chairman of District Council.

         1. 47. Chairman and Vice-Chairman of district council.

      5. General.

         1. 48. Determination by lot in case of equality of votes in certain matters.

         2. 49. Publication of orders by Secretary of State under Part I.

3. PART II General Provisions as to Members of Local Authorities and Elections.

   1. Qualifications for Office.

      1. 50. Qualifications for nomination, election and holding office as member of local authority.

      2. 51. Re-election.

   2. Disqualifications for Office.

      1. 52. Disqualifications for nomination, election and holding office as member of local authority.

      2. 53. Procedure in case of disqualification.

      3. 54. Validity of acts done by unqualified persons.

   3. Declaration by member elected by Local Authority.

      1. 55. Declaration by member elected by local authority.

   4. Resignation and Vacation of Office.

      1. 56. Resignation.

      2. 57. Vacation of office by failure to attend meetings.

   5. Casual Vacancies.

      1. 58. Casual vacancies.

      2. 59. Filling of casual vacancies.

   6. Miscellaneous Provisions as to Elections.

      1. 60. Right of candidate to use of schoolroom, and &c. at election.

      2. 61. Election not invalidated by non-compliance in certain cases.

      3. 62. Election valid unless questioned by election petition.

      4. 63. Election where poll countermanded on account of death of candidate.

      5. 64. Provision in case of non-election of local authority, and &c.

      6. 65. Provisions as to ballot boxes.

      7. 66. Saving for Elections (Scotland) (Corrupt and Illegal Practices) Act, 1890.

   7. Offences.

      1. 67. Failure of returning officer, and &c. to conduct elections.

      2. 68. Offences in relation to nomination papers, ballot papers and ballot boxes.

      3. 69. Offence of personation.

      4. 70. Penalty for voting in more than one electoral division or ward.

4. PART III Meetings, Proceedings and Offices of Local Authorities.

   1. Meetings and Proceedings.

      1. 71. Meetings and proceedings of local authorities, and &c.

      2. 72. Voting by county councillors.

      3. 73. Disability of member of local authority for voting on account of interest in contract, and &c.

   2. Halls, Offices and Buildings.

      1. 74. Provision of halls, offices and buildings.

      2. 75. Use of schoolroom for district council meetings.

5. PART IV Officers.

   1. Officers of County Council.

      1. 76. County clerk.

      2. 77. County treasurer.

      3. 78. County collector.

      4. 79. County medical officer of health and county sanitary inspector.

      5. 80. County surveyor.

      6. 81. County valuation assessor.

      7. 82. Appointment of other staff.

      8. 83. Appointment of depute or interim officers.

   2. Officers of Town Council.

      1. 84. Town clerk.

      2. 85. Town chamberlain.

      3. 86. Burgh collector.

      4. 87. Burgh medical officer of health and burgh sanitary inspector.

      5. 88. Burgh surveyor, inspector of cleansing and inspector of lighting.

      6. 89. Clerk of burgh police court.

      7. 90. Burgh prosecutor.

      8. 91. Burgh valuation assessor.

      9. 92. Appointment of other staff.

      10. 93. Appointment of depute or interim officers.

   3. Officers of District Council.

      1. 94. District council officers.

   4. Officers of Joint Committee or Joint Board.

      1. 95. Officers of joint committee or joint board.

   5. General.

      1. 96. Regard to be had to enactments relating to superannuation.

      2. 97. Local authority may regulate duties of officers, and &c.

      3. 98. Security to be given by officers.

      4. 99. Apportionment of loss due to defalcation of officer of local authority.

      5. 100. Notice of termination of appointments held during pleasure.

      6. 101. Member of local authority not to be appointed officer of authority or of committee or joint committee or joint board.

      7. 102. Disclosure by officers of interest in contracts.

      8. 103. Protection for officer of local authority acting in execution of duty.

      9. 104. Savings for existing officers, and &c.

6. PART V Administrative Schemes, Committees and Joint Committees.

   1. Administrative Schemes.

      1. 105. Schemes for administration of functions in county and large burgh.

      2. 106. Contents of administrative scheme for education.

      3. 107. Contents of other administrative schemes.

   2. Certain Statutory Committees of Local Authorities.

      1. 108. Education committee for county and county of city.

      2. 109. Sub-committees for management of educational establishments.

      3. 110. Roads committee in county.

      4. 111. Health committee and committee for poor law purposes.

      5. 112. Police committee in county and large burgh with police force.

      6. 113. Finance committee in case of every local authority.

      7. 114. Constitution of sub-committees of committees for administrative scheme functions.

   3. General Power to Appoint Committees and Provisions as to Committees.

      1. 115. Appointment of committees and sub-committees.

      2. 116. Constitution of committees and sub-committees and term of office of members thereof.

      3. 117. Proceedings of committees and sub-committees.

   4. Combination of Local Authorities.

      1. 118. Combination of counties of Perth and Kinross and of Moray and Nairn for certain purposes.

      2. 119. Voluntary combination of local authorities.

      3. 120. Compulsory combination of local authorities.

      4. 121. Provisions as to members and proceedings of joint committees and joint boards.

      5. 122. Provisions as to basis of valuation in cases of combinations of local authorities, and &c.

   5. Appointment by County Council of Town Councils of Small Burghs and District Councils to be Agents.

      1. 123. County council may appoint town councils of small burghs and district councils to be agents.

   6. Provisions common to Committees, Joint Committees and Joint Boards.

      1. 124. Prohibition of delegation to committee, and &c. of power to rate or borrow.

      2. 125. Disqualification for membership of committees, joint committees and joint boards.

      3. 126. Disability of member for voting on account of interest in contract, and &c.

7. PART VI Change of Name of Areas, Boundaries of Areas and Alteration of Areas.

   1. Change of Name.

      1. 127. Change of name of county or burgh.

   2. Boundaries of Areas.

      1. 128. Boundaries of counties.

      2. 129. Boundaries of burghs.

   3. Alteration of Areas.

      1. 130. Alteration of boundaries of counties.

      2. 131. Power of sheriff to alter burgh boundary.

      3. 132. Appeal to Court of Session against alteration of burgh boundary.

      4. 133. Formation of new small burgh.

      5. 134. Dissolution of small burgh.

      6. 135. Power of Secretary of State to alter parish boundary or name of parish.

      7. 136. Rectification of boundary.

      8. 137. Alteration of districts and district boundaries.

   4. Supplemental Provisions.

      1. 138. General provisions as to change of name and alteration of areas.

      2. 139. Presumption of compliance with statutory provisions.

      3. 140. Transfer of functions.

      4. 141. Adjustment of property and liabilities.

      5. 142. Adjustment in respect of increase of burden on ratepayers.

      6. 143. Funds held in trust for whole area to apply to area after alteration.

      7. 144. Power of Secretary of State to make orders to carry alteration of area into effect.

      8. 145. Savings.

8. PART VII Special Districts.

   1. 146. Special districts.

   2. 147. Procedure for formation, alteration, combination or dissolution of special districts....

   3. 148. Management of special districts.

   4. 149. Power to apply burgh statutory provisions.

   5. 150. Inclusion of whole or part of special district within a burgh.

   6. 151. Combination of special water and drainage districts when required by Secretary of State.

   7. 152. Schemes for dissolution of special water and drainage districts.

   8. 153. Expenses of special districts.

   9. 154. Contributions by county council to expenses of special districts.

   10. 155. Savings.

9. PART VIII Acquisition of and Dealings in Land by Local Authorities.

   1. Acquisition of Land by Agreement.

      1. 156. Acquisition of land by agreement.

      2. 157. Acquisition of land in advance of requirements.

      3. 158. Application of Lands Clauses Acts and other enactments to acquisition of land by agreement.

   2. Compulsory Acquisition of Land.

      1. 159. Application of Acquisition of Land (Authorisation Procedure) (Scotland) Act, 1947.

      2. 160. Compulsory purchase of land for particular purposes.

      3. 161. Expenses relating to compulsory purchase order.

   3. Title to Land.

      1. 162. Title to land.

   4. Appropriation of Land.

      1. 163. Power to appropriate land.

   5. Erection of Buildings, &c.

      1. 164. Power to erect buildings, and &c.

   6. Disposal of Land.

      1. 165. Power to let land.

      2. 166. Power to sell land.

      3. 167. Power to excamb land.

      4. 168. Land to be sold for best price and application of capital moneys.

      5. 169. Payment of purchase or compensation money by one local authority to another.

   7. General.

      1. 170. Special provisions as to land acquired for public recreation from heir of entail.

      2. 171. Provisions as to sale, and &c. of land to apply to land forming part of common good.

      3. 172. Interpretation.

      4. 173. Savings.

10. PART IX Accounts, Funds and Expenses of Local Authorities.

    1. Financial Year.

       1. 174. Financial year of local authorities.

    2. Accounts.

       1. 175. Accounts.

    3. County Fund and Expenses of County Council.

       1. 176. County fund.

       2. 177. Annual budget of county council.

       3. 178. Payments to and out of county fund.

       4. 179. Payments by county council in respect of salaries of procurators fiscal, and &c.

    4. Burgh Fund and Expenses of Town Council.

       1. 180. Burgh fund.

       2. 181. Annual budget of town council.

       3. 182. Payments to and by town council.

       4. 183. Town council may contribute out of common good towards expenditure on statutory functions.

    5. District Council Fund and Expenses of District Council.

       1. 184. District council fund.

       2. 185. Annual budget of district council.

       3. 186. Payments to and out of district council fund.

    6. Expenses of Justices of the Peace.

       1. 187. Expenses of justices Of the peace.

    7. Fee Fund of Local Authority.

       1. 188. Fee fund of local authorities.

    8. Accounts to be made up Yearly and laid before Local Authority for Approval.

       1. 189. Accounts to be made up yearly.

       2. 190. Audited accounts to be laid before local authority for approval.

    9. Limitation of Annual Expenditure in certain cases.

       1. 191. Limitation of certain annual expenditure defrayed out of county rate or burgh rate.

       2. 192. Limitation of expenditure in other case.

    10. General.

        1. 193. Apportionment of general expenses.

        2. 194. Regulations under Part IX of Act.

        3. 195. Savings.

11. PART X Audit of Accounts of Local Authorities.

    1. Accounts subject to Audit, Appointment of Auditors and Production of Books and Documents.

       1. 196. Accounts of local authorities to be audited.

       2. 197. Appointment of auditors.

       3. 198. Production of books and documents.

    2. Intimation of Audit and Right of Inspection of Abstract of Accounts by Ratepayers.

       1. 199. Intimation of audit.

       2. 200. Deposit of abstract of accounts for inspection by ratepayers.

    3. Reports by Auditor and Surcharge, &c.

       1. 201. Power of Secretary of State to disallow illegal payments and surcharge on interim report of auditor.

       2. 202. Power of Secretary of State to require rectification of accounts.

       3. 203. Auditor's report on accounts.

       4. 204. Abstract of audited accounts and auditor's report to be open to public inspection.

       5. 205. Notice of surcharge, of rectification of accounts or of auditor's report on accounts.

    4. General.

       1. 206. Audit of accounts of joint committees and joint boards.

       2. 207. Regulations as to audit.

       3. 208. Saving and interpretation.

12. PART XI Levy and Collection of Rates by Rating Authorities and Requisitions for Payment by other Local Authorities.

    1. Rating Authorities and Requisitioning Authorities and General Duties.

       1. 209. Rating authorities.

       2. 210. Requisitioning authorities.

       3. 211. Expenses of local authority under public general Acts to be defrayed out of rates or sums requisitioned.

       4. 212. Duty of local authority to levy sufficient rates or issue sufficient requisition.

       5. 213. Sums to be raised by rates to be ascertained by reference to expenditure on functions within area to which functions relate.

    2. Requisitions.

       1. 214. Requisitions by county council to town councils of burghs.

       2. 215. Requisition by district council to county council.

       3. 216. Requisitions by joint committees and joint boards.

       4. 217. Certification of valuation for apportionment of expenditure for rating purposes.

       5. 218. Apportionment of expenditure for rating purposes to be on basis of valuation roll for previous year.

       6. 219. Provisions for securing payment of sums in requisition.

    3. General Provisions as to Rates.

       1. 220. Rates to be levied for financial year of rating authority.

       2. 221. Rates to be levied on lands and heritages according to rateable value in valuation roll.

       3. 222. Incidence of rates between owners and occupiers.

       4. 223. Uniform rates.

    4. Levy of Rates.

       1. 224. County rate and burgh rate.

       2. 225. Special district rates.

       3. 226. District council rate.

       4. 227. Other rates required to be levied.

       5. 228. Rates to be levied notwithstanding appeal under Valuation Acts.

       6. 229. Rates on lands and heritages in supplementary valuation roll.

       7. 230. Amount per pound of rates to be determined by 31st October.

    5. Payment of Rates.

       1. 231. Date and place of payment of rates.

       2. 232. Payment of rates by instalments.

    6. Assessment Roll.

       1. 233. Assessment roll.

       2. 234. Valuation roll to be made available for preparation of assessment roll.

       3. 235. Rating authority may require owner to furnish statement of lets.

       4. 236. Fractions of a penny of rates.

    7. Demand Note.

       1. 237. Demand note for rates.

    8. Appeals against Rates.

       1. 238. Appeals against rates.

    9. Levy of Occupiers' Rates on Owner in Certain Cases.

       1. 239. Owner of subjects of or under ô annual value in burghs to pay occupiers' rates.

       2. 240. Owner may be charged with occupiers' rates where subjects let for less than a year.

       3. 241. Rates on subjects not occupied by same occupier for whole year.

    10. Relief of Rates as between Occupiers.

        1. 242. Outgoing occupier to have right of relief for rates against incoming occupier.

    11. Exemptions from Payment of Rates.

        1. 243. Occupiers' rates not to be levied in respect of unlet and unoccupied subjects.

        2. 244. Remission of rates on account of poverty.

        3. 245. Town council of burgh may exempt from rates for definite period lands newly included within burgh boundary.

    12. Expenses.

        1. 246. Expenses of levying and collecting rates.

    13. Recovery and Priority of Rates.

        1. 247. Recovery of rates.

        2. 248. Priority of claim for rates over other claims.

        3. 249. Appeal against proceedings under warrant.

        4. 250. Recovery of rates from persons removing.

        5. 251. Rates recoverable beyond area of rating authority.

        6. 252. Application of recovery provisions of Act to private improvement expenses.

        7. 253. Misnomers, and &c. not to affect proceedings for recovery of rates.

    14. Miscellaneous.

        1. 254. Application of Part XI of Act to all rates levied by rating authority.

        2. 255. Application of certain provisions to other authorities having power to levy rates.

        3. 256. Collection by rating authority of rates levied by other authority.

        4. 257. Savings for local Acts.

13. PART XII Borrowing by Local Authorities.

    1. Purposes for which, Restrictions subject to which, and Modes . in which, Money may be Borrowed by Local Authorities and Security for Money so Borrowed.

       1. 258. Purposes for which money may be borrowed.

       2. 259. Restrictions on power to borrow.

       3. 260. Modes of borrowing.

       4. 261. Security for money borrowed and ranking thereof.

    2. Repayment of Money Borrowed by Local Authorities.

       1. 262. Period for repayment of borrowed money.

       2. 263. Repayment of borrowed money.

       3. 264. Returns to Secretary of State as to outstanding loans.

       4. 265. Sinking fund for repayment of borrowed money.

       5. 266. Adjustment of sinking fund.

    3. Provisions as to Mortgages.

       1. 267. Forms of mortgage, transfer, renewal and discharge thereof.

       2. 268. Register of mortgages.

    4. Provisions as to Stock.

       1. 269. Creation of redeemable stock by county council or town council.

       2. 270. Creation of redeemable stock by authority other than local authority having power to raise money by rate or requisition.

       3. 271. Stock regulations.

       4. 272. Borrowing power to be exercisable for actual sum raisable by stock.

       5. 273. Conversion of securities of county council or town council into stock.

       6. 274. Revocation of resolution to create stock.

    5. Loans Fund.

       1. 275. Establishment of loans fund by county council or town council.

    6. General Provisions as to Borrowing.

       1. 276. Loans to joint boards.

       2. 277. Power to re-borrow.

       3. 278. Protection to lenders.

       4. 279. Balance of unexpended borrowed money.

    7. General Provisions as to Securities.

       1. 280. Security to be moveable estate and notice of trusts.

       2. 281. Transmission of security on death.

       3. 282. Evidence on transfer of security.

       4. 283. Transmission of security otherwise than by transfer or on death.

       5. 284. Title to security and rectification of register.

       6. 285. Security deed to be delivered to local authority on discharge.

       7. 286. Unclaimed security.

       8. 287. Appointment of judicial factor in case of non-payment.

       9. 288. Interest and dividends on security in case of death, and &c.

       10. 289. Interest and dividends on security held jointly.

       11. 290. Warrants for interest and dividends by post.

       12. 291. Unclaimed interest and dividends.

    8. General.

       1. 292. Period of repayment in case of money borrowed by county council or town council for housing employees.

       2. 293. Application of Part XII of Act to local housing bonds.

       3. 294. Application of Part XII of Act to securities created under local Acts.

       4. 295. Saving for common good.

       5. 296. Saving for Local Authorities Loans Act, 1945, and &c.

14. PART XIII Local Financial Returns.

    1. 297. Returns of local finance to be made to Secretary of State.

    2. 298. Returns to be summarised.

    3. 299. Penalties.

15. PART XIV Byelaws.

    1. Power of County Council and Town Council to make certain Byelaws.

       1. 300. Byelaws for good rule and government, and &c.

    2. Code of Procedure, Penalties, &c, in case of Byelaws under several Enactments.

       1. 301. Procedure, and &c. for making byelaws.

       2. 302. Penalties for offences against byelaws.

       3. 303. Evidence of byelaws.

16. PART XV Promotion of and Opposition to Private Legislation by Local Authorities.

    1. 304. Power of county council and town council to promote or oppose private legislation.

    2. 305. Power of district council to oppose private legislation.

    3. 306. Resolution of local authority to promote or oppose private legislation, and authority by Secretary of State.

    4. 307. Taxation of expenses of local authority.

    5. 308. Defraying expenses of local authority.

    6. 309. Saving for existing powers of town council.

    7. 310. Right of local authority to make report to Commissioners under Private Legislation Procedure (Scotland) Act, 1936.

    8. 311. Interpretation.

17. PART XVI Transfer of Functions, &c.

    1. 312. Transfer of functions of county road board to county council.

    2. 313. Transfer of functions relating to licensing of theatres, and &c.

    3. 314. Transfer of functions relating to cinemas.

    4. 315. Transfer of functions under various Acts from county council to town councils of large burghs.

    5. 316. Functions of town council of large burgh under Wild Birds Protection Acts.

18. PART XVII Provisions Consequential on Transfer of Functions by or by virtue of this act.

    1. 317. Transfer of property and liabilities and construction of Acts and documents in case of transfer of functions.

    2. 318. Transfer and compensation of officers on transfer of functions.

    3. 319. Provisions as to superannuation rights of transferred officers.

    4. 320. Interpretation and application of Part XVII of Act and Tenth and Eleventh Schedules.

19. PART XVIII Dean of Guild Court, Dean of Guild, &c.

    1. 321. Constitution of dean of guild court.

    2. 322. Election of dean of guild and members of dean of guild court by town council and casual vacancies.

    3. 323. Committees of dean of guild court.

    4. 324. Jurisdiction of dean of guild court.

    5. 325. Master of works for dean of guild court.

    6. 326. Clerk and prosecutor of dean of guild court.

    7. 327. Rules as to holding of courts.

    8. 328. Expenses of dean of guild court.

    9. 329. Saving for cities.

    10. 330. Dean of guild, and &c. of certain burghs to be members of town council.

    11. 331. Disqualifications in case of dean of guild, and &c.

20. PART XIX Burgesses.

    1. 332. Qualification of burgesses.

    2. 333. Admission of honorary burgesses.

    3. 334. Limitation of rights of persons burgesses by virtue of Part XIX of Act.

    4. 335. Saving as to admission of burgesses.

21. PART XX General.

    1. Contracts and Obligations.

       1. 336. Contracts and obligations of local authorities.

       2. 337. Protection for members and officers of local authority in relation to obligations, and &c.

    2. Travelling Expenses, &c. of Members of County Council.

       1. 338. Payment of travelling expenses, and &c. of members of county council.

    3. Expenditure by County Council and Town Council on Special Purposes.

       1. 339. Expenditure by county council and town council on special purposes.

    4. Acceptance of Gifts.

       1. 340. Acceptance of gifts of property.

    5. Transfer of Stock on Change of Name of Local Authority, &c.

       1. 341. Transfer of stock on change of name of local authority, and &c.

    6. Execution of Deeds and Use of Seal.

       1. 342. Execution of deeds by local authority and use of seal.

    7. Legal Proceedings, Notices, &c.

       1. 343. Legal proceedings for protection of inhabitants of area.

       2. 344. Offences against byelaws may be prosecuted by local authority.

       3. 345. Appearance on behalf of local authority in legal proceedings.

       4. 346. Service of legal proceedings and notices on local authority or officers.

       5. 347. Authentication of notices by local authority.

       6. 348. Claims in sequestrations and liquidations.

       7. 349. Service of notices, and &c. by local authority or officer.

       8. 350. Evidence of resolutions, and &c. by local authority.

       9. 351. Public notices.

       10. 352. Misnomers, and &c. not to affect validity of notices, and &c.

    8. Custody of Records and Documents.

       1. 353. Custody of records and documents.

    9. Reports and Returns.

       1. 354. Reports and returns.

    10. Local Inquiries.

        1. 355. Provisions as to local inquiries.

    11. Provision for Default of Local Authority.

        1. 356. Provision for default of local authority.

    12. Charitable Trusts, Parish Trusts, &c.

        1. 357. Election of trustees under certain Acts, charters, and &c.

        2. 358. Trusts vested in deacons, and &c.

        3. 359. Parish trusts.

        4. 360. Saving as to election of deacon convener, and &c.

    13. Miscellaneous Provisions.

        1. 361. Provision as to alteration of register of electors in certain cases.

        2. 362. Limitation of liability of certain owners.

        3. 363. Power to apply provisions of Act to joint boards, and &c.

        4. 364. Member of local authority appointed to any court or body to cease to be member on ceasing to be ember of authority.

        5. 365. Election and term of office of members of courts for counties under Licensing (Scotland) Act, 1903.

        6. 366. Provisions as to Sunday, and &c.

        7. 367. References to census.

        8. 368. Adaptation of local Acts relating to local authorities.

        9. 369. Adaptation of other local Acts.

        10. 370. Order by Secretary of State relating to House Letting and Rating (Scotland) Act, 1911.

        11. 371. Transitional regulations.

        12. 372. Provisions as to orders.

        13. 373. Power to annul regulations or orders laid before Parliament.

        14. 374. Application to sheriff in cases of difficulty.

        15. 375. Provisions regarding applications to court.

        16. 376. Saving for existing members of local authorities.

        17. 377. Minor consequential amendments of enactments.

        18. 378. Cesser of certain enactments.

        19. 379. Interpretation.

        20. 380. Interpretation as respects Crown rights.

        21. 381. Repeals.

        22. 382. Short title, commencement and extent.

22. SCHEDULES.

    1. FIRST SCHEDULE

       1. PART I Counties.

       2. PART II Counties of Cities.

       3. PART III Large Burghs.

       4. PART IV Small Burghs.

    2. SECOND SCHEDULE

       1. PART I Provisions relating to the Stages of the Election of County Councillors for the Landward Area of a County or of Town Councillors preceding the Poll.

          1. Notice of Election.

             1. 1. (1) On, or within seven days before, the day appointed...

          2. Nomination of Candidates.

             1. 2. (1) It shall not be competent to elect to the...

          3. Withdrawal of Nominations.

             1. 3. (1) A nomination may be withdrawn by notice of withdrawal...

          4. Nomination in more than one Electoral Division of a County or Ward of a Burgh.

             1. 4. A candidate who is validly nominated for more than one...

          5. Method of Election and Publication of Result of Uncontested Election.

             1. 5. (1) In the case of an election of a county...

       2. PART II Times for the Proceedings at an Election of County Councillors or of Town Councillors.

       3. PART III Provisions Relating to Contested Elections.

          1. The Poll.

             1. General Conduct of Poll.

                1. 1. At every contested election of a county councillor or of...

             2. Notice of Poll.

                1. 2. (1) In the case of a contested election of a...

             3. Hours of Poll.

                1. 3. The poll shall commence at eight o'clock in the morning...

             4. Use of schools and public rooms.

                1. 4. (1) The returning officer may use free of charge for...

                2. 5. An election shall not be held in any premises exclusively...

             5. Death of candidate after time for delivery of notice of withdrawal of nominations.

                1. 6. If at or after the latest time for delivery of...

             6. Provision of polling stations, ballot boxes, &c.

                1. 7. In the case of an election of a county councillor...

                2. 8. One or more polling stations may be provided in the...

                3. 9. A notice, in the form contained in Part V of...

             7. Ballot Boxes, Ballot Papers, Official Mark.

                1. 10. Every ballot box shall be so constructed that the ballot...

                2. 11. Every ballot paper shall be in the form contained in...

                3. 12. The official mark shall be kept secret and .an interval...

             8. Appointment of Polling Agents.

                1. 13. (1) Each candidate may appoint one agent (in this Schedule...

             9. Admission to Polling Station.

                1. 14. (1) No person shall be admitted to vote at any...

             10. Ballot Boxes to be Sealed.

                 1. 15. Immediately before the commencement of the poll, the presiding officer...

             11. Questions to be put to Electors.

                 1. 16. (1) The presiding officer may, and if required by a...

             12. Challenge of Elector by Polling Agent.

                 1. 17. (1) If at the time a person applies for a...

             13. Marking of Ballot Papers.

                 1. 18. A ballot paper shall be delivered to an elector who...

                 2. 19. The elector on receiving the ballot paper shall forthwith proceed...

                 3. 20. (1) The presiding officer, on the application—

                 4. 21. (1) Where an elector who is accompanied by another person...

                 5. 22. (1) The declaration of inability to read and the declaration...

             14. Tendered Ballot Papers.

                 1. 23. If a person representing himself to be a particular elector...

             15. Spoilt Ballot Papers.

                 1. 24. An elector who has inadvertently dealt with his ballot paper...

             16. Powers of Presiding Officer in adjourning Poll.

                 1. 25. Where the proceedings at the taking of the poll are...

             17. Packets of Ballot Papers, &c, to be sealed.

                 1. 26. As soon as practicable after the close of the poll,...

                 2. 27. The packets shall be accompanied by a statement (in this...

             18. Appointment of Counting Agents.

                 1. 28. (1) Each candidate may appoint agents (in this Schedule referred...

                 2. 29. The returning officer shall make arrangements for counting the votes...

             19. The Count.

                 1. 30. Except with the consent of the returning officer, no person...

                 2. 31. Before the returning officer proceeds to count the votes, he...

                 3. 32. The returning officer, while counting and recording the number of...

                 4. 33. The returning officer shall so far as practicable proceed continuously...

             20. Void Ballot Papers.

                 1. 34. Any ballot paper— (a) which does not bear the official...

                 2. 35. (1) The returning officer shall endorse the word " rejected...

                 3. 36. The decision of the returning officer as to any question...

             21. Equality of Votes.

                 1. 37. Where an equality of votes is found to exist and...

             22. Declaration of Result.

                 1. 38. (1) Subject to the provisions of paragraph 25 of this...

             23. Disposal of Ballot Papers, &c, after Poll.

                 1. 39. Upon the completion of the counting the returning officer shall...

                 2. 40. The returning officer shall forward for retention as hereinafter provided...

                 3. 41. (1) The sheriff (excluding a sheriff substitute) having jurisdiction in...

                 4. 42. Except by order of a sheriff or of the Court...

                 5. 43. Where an order is made for the production by the...

                 6. 44. The county clerk or the town clerk, as the case...

                 7. 45. All the documents forwarded or retained under paragraph 40 of...

                 8. 46. Subject to the provisions of this Part of this Schedule,...

             24. General Provisions as to Contested Elections.

                 1. 47. The returning officer may if he thinks fit preside at...

                 2. 48. No returning officer or officer appointed under this Schedule or...

                 3. 49. No person shall be appointed to act as an officer...

                 4. 50. A presiding officer may by the officers appointed to assist...

                 5. 51. A candidate may himself do any act or thing which...

                 6. 52. Where in this Part of this Schedule any act or...

             25. Requirement of Secrecy.

                 1. 53. (1) Every returning officer and every officer, polling agent or...

                 2. 54. Any justice of the peace, any returning officer and any...

             26. Keeping of Order in Polling Station.

                 1. 55. (1) It shall be the duty of the presiding officer...

             27. Supplemental Provisions.

                 1. 56. In computing any period of time for the purposes of...

       4. PART IV Application of Schedule to District Council Election.

          1. 1. The provisions of this Schedule (including the forms in Part...

          2. 2. The election shall take place in the same stations, with...

          3. 3. If there should be a contested election for district councillors...

          4. 4. The returning officer shall make and publish such other arrangements...

          5. 5. It shall not be necessary to publish any of the...

          6. 6. The returning officer shall forthwith make a return to the...

       5. PART V Forms for Use at the Election of County Councillors or of Town Councillors.

    3. THIRD SCHEDULE

       Meetings and Proceedings of Local Authorities.

       1. PART I

          1. County Councils.

             1. 1. (1) A county council shall in every year hold such...

             2. 2. Convening meetings.

             3. 3. Emergency meeting.

             4. 4. Chairman of meeting.

             5. 5. Quorum.

       2. PART II

          1. Town Councils.

             1. 1. Meetings.

             2. 2. Convening meetings.

             3. 3. Emergency meeting.

             4. 4. Chairman of meeting.

             5. 5. Quorum.

       3. PART III

          1. District Councils.

             1. 1. Meetings.

             2. 2. Convening meetings.

             3. 3. Emergency meeting.

             4. 4. Chairman of meeting.

             5. 5. Quorum.

       4. PART IV

          1. Provisions relating to local authorities generally.

             1. 1. Notice of meetings required by statute, &c.

             2. 2. Transaction of business where members disabled by section 73 of Act.

             3. 3. Adjournment of meeting.

             4. 4. Decision on questions.

             5. 5. Names of members present to be recorded.

             6. 6. Minutes.

             7. 7. Standing orders.

             8. 8. Vacancies, &c. not to invalidate proceedings.

             9. 9. Application of this Part of Schedule to magistrates of burgh.

             10. 10. Quorum in cases of vacancies.

    4. FOURTH SCHEDULE

       Enactments containing Provisions as to the Acquisition by Agreement of, and certain other Dealings in, Land by Local Authorities, not affected by the Provisions of Part VIII of this Act.

       1. 1. The Burial Grounds Acts

       2. 2. The Electricity (Supply) Acts, 1882 to 1936

       3. 3. The Military Lands Acts, 1892 to 1903

       4. 4. The Light Railways Acts, 1896 and 1912

       5. 5. The Cremation Act, 1902

       6. 6. The Housing (Scotland) Acts, 1925 to 1946

       7. 7. The Restriction of Ribbon Development Act, 1935

       8. 8. The Town and Country Planning (Scotland) Act, 1945

       9. 9. The Water (Scotland) Act, 1946

       10. 10. The Education (Scotland) Act, 1946

       11. 11. Any local Act

    5. FIFTH SCHEDULE

       Expenditure of a Town Council to be defrayed out of the Burgh Rate so far as payable by Occupiers of Lands and Heritages only.

       1. 1. Expenditure of a town council (not being expenditure included in...

       2. 2. Expenditure which in terms of any enactment relating to any...

       3. 3. Expenditure to be defrayed out of the sum raised by...

    6. SIXTH SCHEDULE

       Enactments for the Purposes of which Money may be borrowed by Local Authorities Repayable within Periods other than thirty years.

    7. SEVENTH SCHEDULE

    8. EIGHTH SCHEDULE

       Rules regulating the Administration of a Loans Fund established by a county council or town council under this Act.

       1. General.

          1. 1. Interpretation.

          2. 2. Method of exercise of statutory borrowing power.

       2. Accounts of Loans Fund.

          1. 3. Accounts of loans fund.

          2. 4. Loans fund to be kept in two parts, assets and liabilities and revenue and expenditure.

       3. Provisions relating to Capital.

          1. 5. Transfer to loans fund of assets and liabilities on appointed day.

          2. 6. Payments of capital money to loans fund.

          3. 7. Capital payments from loans fund.

          4. 8. Conditions regulating advances.

          5. 9. Borrowing powers exercised before appointed day.

          6. 10. Register of advances.

          7. 11. Redemption of debt.

          8. 12. Deferred charges and liquidation thereof.

          9. 13. Premiums received on issues of stock.

          10. 14. Valuation of assets and liabilities.

          11. 15. Profits and losses.

          12. 16. Loans fund reserve account.

       4. Provisions relating to Revenue.

          1. 17. Revenue and expenditure.

          2. 18. Interest account.

          3. 19. Loans fund expenses account.

       5. Balance Sheet, Certification of Accounts and Report by Auditor.

          1. 20. Balance sheet, certification of accounts and report by auditor.

       6. Miscellaneous.

          1. 21. Default by council.

          2. 22. Investigation of loans fund.

          3. 23. Loans fund regualtions.

    9. NINTH SCHEDULE

       Enactments under which the Functions of a County Council are so far as relating to a large burgh transferred to the Town Council of the Burgh.

       1. 1. The Explosives Acts, 1875 and 1923.

       2. 2. The Destructive Insects and Pests Acts, 1877 to 1927.

       3. 3. The Diseases of Animals Acts, 1894 to 1937.

       4. 4. The Blind Persons Act, 1920.

       5. 5. The Rats and Mice (Destruction) Act, 1919.

       6. 6. The Fertilisers and Feeding Stuffs Act, 1926.

       7. 7. The Wireless Telegraphy (Blind Persons' Facilities) Act, 1926.

    10. TENTH SCHEDULE

        Provisions with Respect to the Construction of Acts and Documents and other Matters in Case of Transfer of Functions.

        1. 1. All books, records and other documents relating exlusively to any...

        2. 2. Any reference in any enactment or statutory order to the...

        3. 3. All contracts, deeds, agreements, regulations, byelaws, notices and other instruments...

        4. 4. Where anything has been commenced by or under the authority...

        5. 5. Where at the date on which the transfer takes effect...

        6. 6. Any cause of action by or against any transferor authority...

    11. ELEVENTH SCHEDULE

        Provisions as to the Determination and Payment of Compensation to Officers in Case of Transfer of Functions.

        1. 1. Procedure for claiming compensation.

        2. 2. General considerations to be applied.

        3. 3. Power to award compensation by way of a lump sum.

        4. 4. Assessment of compensation for determination of whole-time office.

        5. 5. Assessment of compensation for determination of part-time office.

        6. 6. Assessment of compensation for diminuation of emoluments.

        7. 7. Rules for computing period of service.

        8. 8. Right of appeal.

        9. 9. Date on which compensation commences.

        10. 10. Suspension of compensation.

        11. 11. Forms.

        12. 12. Interpretation.

    12. TWELFTH SCHEDULE

        Maximum Rates of Allowances in Respect of Travelling and other Personal Expenses necessarily incurred and Time necessarily lost from Ordinary Employment by Members of a County Council or of any Committee or Sub-Committee thereof in attending Meetings.

        1. PART I

           1. Travelling Expenses.

        2. PART II

           1. Other Personal Expenses.

        3. PART III

           1. Time Necessarily Lost from Ordinary Employment.

    13. THIRTEENTH SCHEDULE

        Enactments Ceasing to have Effect.

    14. FOURTEENTH SCHEDULE

        Enactments Repealed.