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Local Government (Scotland) Act 1947

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127Change of name of county or burgh.

(1)Save as provided in this section, the names of the counties sometime known as the county of Edinburgh, the county of Elgin or the county of Elgin and Forres and the county of Forfar shall for all purposes be respectively the county of Midlothian, the county of Moray and the county of Angus.

(2)Subject to compliance with the provisions of this section, the county council of a county or the town council of a burgh may by resolution with the consent of the Secretary of State change the name of the county or burgh, and such change shall have effect for all purposes save as provided "in this section.

(3)The resolution to change the name of a county or burgh shall be considered at a meeting of the council thereof the notice of which specifies the consideration of the change of name as an item of business, and shall not be deemed to be the resolution of the council unless passed by a majority consisting of not less than two-thirds of the members of the council present at the meeting and voting.

(4)Before submitting the resolution to the Secretary of State for his consent, the council shall cause to be published in the Edinburgh Gazette and in a newspaper circulating within the county or burgh, as the case may be, a notice containing a copy of the resolution passed by the council and stating that such change of name requires the consent of the Secretary of State and that any person having any objection to the change may within fourteen days of the publication of the notice send to the Secretary of State a statement in writing setting forth the grounds of his objection.

(5)The Secretary of State shall consider all objections lodged with him and may if he thinks fit order a local inquiry to be held and where such an inquiry is held shall consider the report of the person holding the inquiry.

(6)The consent of the Secretary of State shall be given by order which shall state the date on which the change of name shall take effect.

(7)The change of name of a county or burgh under this section shall not affect any rights or obligations of the council of the county or burgh or of any other authority or person whose designation may be affected by the change, nor shall it affect the name of the county or burgh for parliamentary purposes as set forth in the Ninth Schedule to the [7 & 8 Geo. 5. c. 64.] Representation of the People Act, 1918.

(8)For any reference in any Act of Parliament, decree, order, award, deed, regulation, byelaw, notice or other document to the county or burgh by its former designation there shall, save as in this section provided, be substituted a reference to the county or burgh, as the case may be, by its new designation.

(9)Any legal or other proceedings begun before the change by or against the council of the county or burgh or other authority or person whose designation may be affected by the change may be carried on with the substitution of the new designation for the former designation but otherwise as if no change had been made.

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