Local Government (Scotland) Act 1973

PART I Local Government Areas, Authorities and Elections

New areas and councils

1 New local government areas in Scotland

(1) For the administration of local government on and after 16th May 1975, Scotland shall have local government areas in accordance with the provisions of this section.

(2) Scotland (other than Orkney, Shetland and the Western Isles) shall be divided into local government areas to be known as regions, and those regions shall be the regions named in Part I of Schedule 1 to this Act and shall comprise the areas respectively described in column 2 of the said Part I, being administrative areas existing immediately before the passing of this Act.

(3) Orkney, Shetland and the Western Isles shall be local government areas to be known as islands areas, and shall comprise the areas respectively described in column 2 of Part II of the said Schedule, being administrative areas existing immediately before the passing of this Act.

(4) In each region there shall be local government areas to be known as districts, and the districts shall be the districts named in column 2 of Part III of the said Schedule and shall comprise the areas respectively described in column 3 of the said Part III, being administrative areas existing immediately before the passing of this Act.

(5) On 16th May 1975, all local government areas existing immediately before that date, that is to say, all counties, counties of cities, large burghs, small burghs and districts, shall cease to exist, and the council of every such area shall also cease to exist.

(6) Part IV of the said Schedule shall have effect in relation to the boundaries of the new local government areas.

2 Constitution of councils of regions, islands areas and districts

(1) For every region, islands area and district there shall be a council consisting of a chairman and councillors, and each such council shall have all such functions as are vested in them by this Act or otherwise.

(2) Each such council shall be a body corporate by the name "The Regional Council", "The Islands Council" or "The District Council", as the case may be, with the addition of the name of the particular region, islands area or district, and shall have a common seal.

3 Chairman

(1) The chairman of each such council as aforesaid shall be elected by the council from among the councillors, and in the case of an equality of votes the chairmanship shall be determined by lot as between those who received an equal number of votes.

(2) The term of office of the chairman shall be four years from the date of his election as chairman, except in the case of the first and second ordinary elections of chairman of a district council when the term of office shall be three years or, in the case of the filling of a casual vacancy, when the council may decide that the person elected to fill the vacancy should serve as chairman for the remainder of the term of office of the council.

(3) The election of the chairman shall be the first business transacted at the first meeting of the council held after the ordinary election of councillors, and at that meeting, until the chairman is elected, the returning officer, and failing him such councillor as may be selected by the meeting, shall preside.

(4) A person holding the office of chairman shall be eligible for re-election as chairman but shall cease to hold that office upon ceasing to be a councillor.

(5) On a casual vacancy occurring in the office of chairman, an election to fill the vacancy shall be held as soon as practicable by the council at a meeting of the council the notice of which specifies the filling of the vacancy as an item of business, and the meeting shall be conducted in the same manner as an ordinary election of chairman.

(6) The tide of " Lord Provost" shall attach to the chairman of each of the district councils of the cities of Aberdeen, Dundee, Edinburgh and Glasgow, the chairman of each other district council shall be known by such title as the district council, with the consent of the Secretary of State, may decide and the chairman of each regional or islands council shall be known as the convener of that council.

(7) A council may pay the chairman, for the purpose of enabling him to meet the expenses of his office, such allowance as the council think reasonable.

Election of Councillors

4 Term of office and retirement of councillors

(1) Councillors for a local government area shall be elected by the local government electors for that area in accordance with this Act and Part I of the Act of 1949.

(2) The ordinary election of councillors for a regional or islands council shall take place in 1974 and every fourth year thereafter.

(3) Subject to the provisions of subsection (6) below and of section 37(3) of this Act, the term of office of regional or islands councillors shall be four years and they shall retire together at the end of such term on the day of the ordinary election of such councillors.

(4) The first ordinary election of councillors for a district council shall take place in 1974, the second such election shall take place in 1977 and the third such election shall take place in 1980; thereafter such elections shall take place every fourth year.

(5) Subject to the provisions of subsection (6) below and of section 37(3) of this Act, the term of office of district councillors shall be

(a) for those elected in 1974 and 1977, three years ;

(b) for those elected in 1980 and later, four years ;

and they shall retire together at the end of such term on the day of the ordinary election of district councillors.

(6) A person elected to the office of councillor at an election held under the provisions of section 9 or 10 of this Act shall hold office only until the day of the next ordinary election.

5 Electoral divisions and wards

(1) For the purpose of the election of councillors—

(a) every region and every islands area shall be divided into electoral divisions; and

(b) every district shall be divided into wards ;

and each such division or ward shall return one councillor.

(2) There shall be a separate election for each electoral division or ward.

6 Returning officers

(1) Every local authority shall appoint an officer of the authority to be the returning officer for each election of councillors for the authority, and if the person so appointed dies, resigns or is for any other reason unable to act, the authority may appoint another person to be returning officer at that election.

(2) A returning officer appointed under this Act may by writing under his hand appoint one or more persons to discharge all or any of his functions.

(3) A local government election shall not be liable to be questioned by reason of a defect in the title, or want of title, of the person presiding at or conducting the election, if that person was then in actual possession of, or acting in, the office giving the right to preside at or conduct the election.

7 Conduct of local government elections

(1) Elections of councillors for local government areas shall be conducted in accordance with rules made by the Secretary of State, and accordingly references in the Act of 1949 and in the [1969 c. 15.] Representation of the People Act 1969 to local elections rules shall, as respects Scotland, be construed as references to rules made under this section.

(2) Rules made under this section shall apply the parliamentary elections rules in Schedule 2 to the Act of 1949 subject to such adaptations, alterations and exceptions as seem appropriate to the Secretary of State.

(3) Without prejudice to the generality of subsection (2) above, rules made under this section shall prescribe that the nomination paper of a candidate for election as a councillor for a local government area shall contain a statement declaring that the candidate—

(a) consents to be nominated as a candidate ;

(b) if elected, will accept office as a councillor and will faithfully perform the duties of the office ;

(c) has attained the age of 21 years and is a British subject or citizen of the Republic of Ireland and not subject to any legal incapacity; and

(d) is not subject to any of the disqualifications for office set out in section 31 of this Act.

(4) The statement mentioned in subsection (3) above shall also contain particulars of the candidate's qualification for office under paragraphs (a) to (d) of section 29(1) of this Act, in such form as may be prescribed by rules made under this section.

(5) All expenditure properly incurred by a returning officer in relation to the holding of an election of a councillor to a local authority shall be paid by the council of that authority, but only (in cases where there is a scale fixed for the purposes of this section by that council) in so far as it does not exceed that scale.

(6) Before a poll is taken at an election for a local government area, the council for that area shall, at the request of the returning officer or of any person acting as returning officer, advance to him such reasonable sum in respect of his expenses at the election as he may require.

(7) A statutory instrument containing rules made under this section shall be subject to annulment in pursuance of a resolution of either House of Parliament.

8 Day of ordinary election

In every year in which ordinary elections of councillors for local government areas are held, the day of election shall be the first Tuesday in May.

9 Election where poll abandoned or countermanded on death of candidate

(1) If at an election of a councillor for a local authority the poll is, in accordance with the provisions of section 13 of the [1969 c. 15.] Representation of the People Act 1969, abandoned or countermanded by reason of the death of a candidate, the returning officer for the election which, by reason of such abandonment or countermanding, has not been duly held or has failed, shall order an election to be held as soon as practicable thereafter on a date to be fixed by him, and he shall remain the returning officer for that election.

(2) At any such election, no fresh nomination shall be necessary in the case of a candidate who remained validly nominated for the election in respect of which the poll was abandoned or countermanded.

10 Provision in case of non-election of local authority, etc.

(1) If for any reason a local authority or members of a local authority are not elected in accordance with the provisions of this Act or of Part I of the Act of 1949 and the case is not otherwise provided for, or if there is for any reason no legally constituted local authority for any area or the number of members of a local authority then in office is less than the quorum ascertained in accordance with the provisions of Schedule 7 to this Act, the Secretary of State may direct the holding of an election for filling such vacancies as exist, and the election shall be held as soon as practicable thereafter on a date to be fixed by the Secretary of State.

(2) The Secretary of State may, in the said direction, make such provision as seems to him expedient for authorising any person to act in place of a local authority pending the election of members of the authority by an election under subsection (1) above, and any direction under this section may contain such incidental, consequential, transitional or supplementary provisions as may appear to the Secretary of State to be necessary or proper.

11 Establishment of new local authorities and supplementary provisions

(1) Schedule 2 to this Act shall have effect with respect to the establishment of the new local authorities, the suspension of elections of existing local authorities and related matters, and this Part of this Act shall have effect, in relation to such establishment, subject to the provisions of that Schedule.

(2) Until 16th May 1975 the registration officer for any part of a constituency shall be the person who would, by virtue of the Act of 1949, have held that office apart from the changes to local government areas and authorities effected by this Act.

(3) Schedule 3 to this Act shall have effect for the purpose of amending and otherwise modifying the operation of the Representation of the People Acts and other enactments relating to parliamentary and local government elections, being amendments and modifications necessary or expedient in consequence of other provisions of this Act.

(4) In this Part of this Act " the Act of 1949 " means the [1949 c. 68.] Representation of the People Act 1949, and " registration officer " has the same meaning as in that Act.

PART II Changes In Local Government Areas

Proposals by Local Government Boundary Commission for Scotland

12 Local Government Boundary Commission for Scotland

(1) There shall be a Local Government Boundary Commission for Scotland (in this Part of this Act referred to as " the Boundary Commission") who shall carry out the functions conferred on them by or under this Act.

(2) The provisions of Schedule 4 to this Act shall have effect with respect to the Boundary Commission.

13 Proposals for changes in local government areas

The Boundary Commission may, in consequence of a review conducted by them under this Part of this Act, make proposals to the Secretary of State for effecting changes appearing to the Commission desirable in the interests of effective and convenient local government by any of the following means or any combination of those means (including the application of any of the following paragraphs to an area constituted or altered under any of those paragraphs):

(a) the alteration of a local government area;

(b) the constitution of a new local government area;

(c) the abolition of a local government area;

(d) a change of electoral arrangements for any local government area which is either consequential on any change in local government areas proposed under this section or is a change (hereafter in this Part of this Act referred to as a " substantive change") which is independent of any change in local government areas so proposed.

14 Duty and power to review local government areas

(1) Subject to sections 15 and 16 of this Act, it shall be the duty of the Boundary Commission, not less than ten nor more than fifteen years after 16th May 1975 and thereafter at intervals of not less than ten nor more than fifteen years from the submission of the last report of the Commission on the previous review under this subsection, to review all local government areas for the purpose of considering whether to make such proposals in relation to all or any or any part of those areas as are authorised by section 13 of this Act and what proposals, if any, to make, and the Commission shall formulate any such proposals accordingly.

(2) Without prejudice to subsection (1) above, the Boundary Commission may at any time, subject to sections 15 and 16 of this Act, review all or any or any part of the local government areas for the purpose of considering whether to make such proposals in relation to them as are authorised by section 13 of this Act, and what proposals, if any, to make, and the Commission shall formulate any such proposals accordingly.

(3) If the Boundary Commission receive a request from a local authority or from any person that they should conduct a review under subsection (2) above with respect to any local government area in which the authority or person appears to the Commission to have an interest, the Commission shall consider the request.

(4) In any case where the Secretary of State has made an order under section 1 of the [1968 c. 16.] New Towns (Scotland) Act 1968 designating any land as, or as an extension of, a new town and the area of the new town as so designated or so extended is not wholly comprised within one district, he shall, as soon as practicable after the order has become operative, send to the Boundary Commission a notice stating that the order is in operation and specifying the districts within which that area is situated, and on receipt of such a notice it shall be the duty of the Commission, subject to section 15(3) of this Act, to review the areas of those districts for the purpose of considering whether to make such proposals in relation to them as are authorised by section 13 of this Act and what proposals, if any, to make, and the Commission shall formulate any such proposals accordingly.

15 Powers of Secretary of State in relation to reviews

(1) The Secretary of State may by direction given to the Boundary Commission vary the length of any interval specified in section 14(1) of this Act either as respects the whole review or as respects any particular case or cases.

(2) Subject to section 16 of this Act, the Secretary of State may direct the Boundary Commission to conduct a review of the local government areas as a whole, or of any one or more such areas or parts thereof, for the purpose of considering whether to make such proposals in relation to the areas as are authorised by section 13 of this Act and what proposals, if any, to make, and the Commission shall formulate any such proposals accordingly.

(3) The Secretary of State may direct the Boundary Commission not to undertake during a specified period a review of any one or more local government areas or parts of such areas which they have the duty or power to review under section 14 of this Act.

(4) The Secretary of State may give directions to the Boundary Commission for their guidance in conducting reviews under this Part of this Act and in making proposals in consequence thereof, and the directions may relate to all such reviews or to any particular review or class of review.

(5) A direction shall not be given under subsection (4) above with respect to any review conducted under this Part of this Act except after consultation with associations appearing to the Secretary of State to be representative of local authorities.

(6) The Secretary of State may give directions to the Boundary Commission with respect to the order in which areas are to be reviewed by them under sections 14 and 15(2) of this Act.

16 Substantive changes in electoral arrangements

(1) No review shall be conducted under section 14 or 15 of this Act for the purpose of making proposals for a substantive change of electoral arrangements, but the following provisions of this section shall have effect with respect to the making of such proposals.

(2) It shall be the duty of the Boundary Commission not less than ten nor more than fifteen years after the submission of the report on the initial review of electoral arrangements for a local government area under Schedule 5 to this Act and thereafter, so far as is reasonably practicable, at intervals of not less than ten nor more than fifteen years from the submission of the last report of the Commission under this subsection in relation to that area, to review the electoral arrangements for that area for the purpose of considering whether to make proposals to the Secretary of State for a substantive change in those arrangements and what proposals, if any, to make, and the Commission shall formulate any such proposals accordingly.

(3) Without prejudice to subsection (2) above, the Boundary Commission may at any time, whether at the request of a local authority or otherwise, review the electoral arrangements for a local government area for the purpose of considering whether to make proposals to the Secretary of State for a substantive change in those arrangements and what proposals, if any, to make and the Commission shall formulate any such proposals accordingly.

17 Commission's reports and their implementation

(1) Where the Boundary Commission have—

(a) in accordance with section 14 or 15 of this Act been conducting a review of any area ; or

(b) in accordance with section 16 of this Act been conducting a review of electoral arrangements,

on which they have a power or duty to formulate proposals to the Secretary of State, and in either case the Commission are of the opinion that they are in a position to submit to the Secretary of State a report on the review or any part of it, they shall, not later than the expiry of any time limit applicable to the review in question in terms of section 14, 15 or 16 of this Act, submit a report to him on the review or that part, together with the proposals they have formulated thereon, or, as the case may be, a notification that they have no proposals to put forward thereon.

(2) The Secretary of State may if he thinks fit by order give effect to any proposals made to him by the Boundary Commission, either as submitted to him or with modifications:

Provided that an order giving effect to any such proposals shall not be made until after the expiry of six weeks from the day on which those proposals were submitted to him.

(3) If in relation to any area the Secretary of State decides to make an order under this section giving effect with modifications to proposals made to him by the Boundary Commission, he may, if he thinks fit, direct the Commission to conduct a further review of that area or, as the case may be, of its electoral arrangements and to make a report to him containing revised proposals with respect to that area or those arrangements within a time specified in the direction.

(4) Where, following the submission of any report by the Commission under this section, the Secretary of State decides to make an order thereunder which abolishes or alters the boundaries of any local government area, he shall lay any such report before Parliament together with the order, and any statutory instrument containing such an order shall be subject to annulment in pursuance of a resolution of either House of Parliament.

Conduct of Reviews

18 Procedure for reviews

(1) Where the Boundary Commission propose to conduct a review under the foregoing provisions of this Part of this Act, they shall take such steps as they think fit to secure that persons who may be interested in the review are informed of the proposal to conduct it and of any directions of the Secretary of State which are relevant to it.

(2) In conducting any such review, the Boundary Commission shall—

(a) consult—

(i) the council of any local government area affected by the review, and such other local authorities, community councils and public bodies as appear to them to be concerned;

(ii) any bodies representative of staff employed by local authorities who have asked the Boundary Commission to consult them ; and

(iii) such other persons as they think fit;

(b) take such steps as they think fit for seeing that persons who may be interested in the review are informed of any draft proposals or any interim decision not to make proposals, and of the place or places where those proposals or that decision can be inspected;

(c) in particular, deposit copies of those proposals or that decision at the offices of the council of any local government area which may be affected thereby and require any such council to keep the copies available for inspection at their offices for a period specified in the requirement; and

(d) take into consideration any representation made to them within that period.

(3) Where the Boundary Commission make a report under this Part of this Act they shall—

(a) take such steps as they think fit for securing that persons who may be interested in the report are informed of it and of the place or places where it can be inspected;

(b) in particular, deposit copies of the report at the offices of the council of any local government area which may be affected thereby and require any such council to keep the copies available for inspection at their offices until the expiration of six months after the making of an order giving effect, with or without modifications, to any proposals contained in the report, or after a notification by the Commission that they have no proposals to put forward or, as the case may be, by the Secretary of State that he does not propose to give effect to the proposals of the Commission.

(4) Subject to the foregoing provisions of this section, the procedure of the Boundary Commission in conducting any review under this Part of this Act shall be such as they may determine.

19 Local inquiries

(1) The Boundary Commission may cause a local inquiry to be held with respect to any review carried out by them under this Part of this Act.

(2) Subsections (3) to (6) and (8) of section 210 of this Act shall apply in relation to an inquiry held under this section with the substitution for references to a Minister of references to the Boundary Commission.

Supplementary Provisions

20 Initial review of areas and electoral arrangements

Schedule 5 to this Act shall have effect with respect to the initial review of local government areas and electoral arrangements.

21 Delegation of functions of Commission

(1) The Boundary Commission may appoint one or more members of the Commission—

(a) to hold any local inquiry or to carry out any consultation or investigation which the Commission are required or authorised to hold or carry out under this Act; and

(b) to report to the Commission accordingly.

(2) At the request of the Boundary Commission the Secretary of State may appoint one or more persons as assistant commissioners for all or any of the purposes specified in subsection (1)(a) and (b) above.

(3) The appointment of an assistant commissioner under subsection (2) above—

(a) shall be for such period or for such purpose or purposes as may be specified in the terms of his appointment; and

(b) shall be on such terms and conditions as to remuneration and otherwise as may be determined by the Secretary of State with the approval of the Minister for the Civil Service.

22 Restriction on promotion of private legislation for changing local government areas, etc.

No local authority shall have power to promote private legislation for forming or abolishing any local government area or for altering, or altering the status or electoral arrangements of, any local government area.

23 Change of name of region, islands area or district

(1) Subject to subsection (4) below, the council of a region, islands area or district may, by a resolution passed by a majority of the whole number of the members of the council at a meeting of the council specially convened for the purpose with notice of the object, change the name of the region, islands area or district.

(2) Notice of any change of name made under this section—

(a) shall be sent by the council concerned to the Secretary of State, to the Director General of the Ordnance Survey and to the Registrar General of Births, Deaths and Marriages for Scotland ; and

(b) shall be published in such manner as the Secretary of State may direct.

(3) A change of name made in pursuance of this section shall not affect any rights or obligations of any council, authority or person, or render defective any legal proceedings; and any legal proceedings may be commenced or continued as if there had been no change of name.

(4) The name of a region, islands area or district shall not be changed under this section unless the change is made with the consent of the Secretary of State.

24 Consequential and transitional arrangements relating to Part II

(1) The Secretary of State may by regulations of general application make such incidental, consequential, transitional or supplementary provision as may appear to him to be necessary or proper for the purposes or in consequence of orders under this Part of this Act or for giving full effect thereto; and nothing in any other provision of this Act shall be construed as prejudicing the generality of this subsection.

(2) Regulations under this section may apply, with or without modifications, or extend, exclude or amend, or repeal or revoke, with or without savings, any provision of a local Act or any instrument made under an Act.

(3) A statutory instrument containing regulations under this section shall be subject to annulment in pursuance of a resolution of either House of Parliament.

(4) An order under this Part of this Act may include the like provision in relation to the order as may be made by regulations of general application under this section by virtue of subsections (1) and (2) above; and nothing in any other provision of this Act shall be construed as prejudicing the generality of this subsection.

(5) Any such order may also include provision with respect to—

(a) the name of any altered area;

(b) the constitution and election of public bodies in any area affected by the order;

(c) the retiral of existing councillors for electoral areas which have been abolished or the assignment of such councillors and of other existing councillors to new or altered electoral areas, and the first election of councillors for any new or altered electoral areas ;

(d) without prejudice to paragraph (c) above, the holding of a fresh election of councillors for all electoral areas in the local government area in question in a case where substantial changes have been made to some of those areas;

(e) the abolition or establishment, or the restriction or extension, of the jurisdiction of any public body in or over any part of the area affected by the order;

(f) the register of electors to be used at any election of regional, islands or district councillors for any electoral area affected by the order.

(6) In this section and in section 25 of this Act, " public body " means a local authority, joint board or joint committee.

25 Transitional agreements as to property and finance

(1) Subject to any regulations made under section 24 of this Act and to the provisions of any order made under this Part of this Act, any public bodies affected by the alteration, abolition or constitution of any area by an order under this Part of this Act may from time to time make agreements with respect to any property, income, rights, liabilities and expenses (so far as affected by the alteration, abolition or constitution) of, and any financial relations between, the parties to the agreement.

(2) The agreement may provide—

(a) for the transfer or retention of any property, rights and liabilities, with or without conditions, and for the joint use of any property;

(b) for the making of payments by either party to the agreement in respect of property, rights and liabilities so transferred or retained, or of such joint use, and in respect of the remuneration or compensation payable to any person ; and

(c) for the making of any such payment either by way of a capital sum or of a terminable annuity.

(3) In default of agreement as to any matter, the matter shall be referred to the arbitration of a single arbiter agreed on by the parties, or in default of agreement appointed by the Secretary of State, and the award of the arbiter may provide for any matter for which an agreement under this section might have provided; but the provisions of section 3 of the [1972 c. 59.] Administration of Justice (Scotland) Act 1972 (power of arbiter to state case to Court of Session) shall not apply in relation to an arbitration under this section.

(4) Any sum required to be paid by a public body in pursuance of an agreement or award under this section shall be defrayed in such manner as may be specified in the agreement or award and, failing the agreement or award so specifying, in such manner as the public body making the payment may determine.

(5) Any capital sum received by a public body in pursuance of an agreement or award under this section shall be treated as capital and shall be applied with the sanction of the Secretary of State either in the repayment of capital debt or for any other purpose for which capital money may be applied.

26 Variation and revocation of orders under Part II

(1) The power conferred by section 233 of this Act to vary and revoke orders under this Act shall, in the case of orders under this Part of this Act, apply only in relation to any supplementary provision contained in any such order, and an order varying or revoking any such provision shall only be made after compliance with subsections (2) and (3) below.

(2) When the Secretary of State proposes to make any such varying or revoking order he shall prepare a draft of the order, shall send copies of the draft to such local or public authorities and community councils as appear to him to be concerned, and shall give public notice, in such manner as appears to him sufficient for informing persons likely to be concerned, that the draft has been prepared, that a copy of the draft is available for inspection at one or more places specified in the notice and that representations with respect to the draft may be made to him within two months of the publication of the notice.

(3) The Secretary of State shall consider any representations duly made with respect to the draft and may, if he thinks fit, make an order either in the form of the draft or subject to modifications.

(4) The Secretary of State may cause a local inquiry to be held with respect to a draft order under this section.

(5) In this section " supplementary provision " means any such provision as could be made by an order under this Part of this Act by virtue of section 24 or 215 of this Act.

27 Consultation with Boundary Commission on schemes for community councils

In considering the framing or approval of a scheme or of an amendment to a scheme under Part IV of this Act, a local authority or the Secretary of State may consult the Boundary Commission on any matter relating to the boundaries of the area of a community council.

28 Supplementary

(1) In this Part of this Act—

• " electoral arrangements " means, in relation to a local government area, the number of councillors of the council for that area, the number and boundaries of the electoral areas into which that area is for the time being divided for the purpose of the election of the councillors, and the designation of any electoral area;

• " local government area " means a region, islands area or district;

• " substantive change " has the meaning assigned to it by section 13(d) of this Act.

(2) In considering the electoral arrangements for local government areas for the purposes of this Part of this Act, the Secretary of State and the Boundary Commission shall so far as is reasonably practicable comply with the rules set out in Schedule 6 to this Act, and the said arrangements shall be in accordance with the provisions of section 5 of this Act.

(3) Nothing in this Part of this Act shall affect, nor shall anything done thereunder affect, the area of the registration district for which a registrar is required to be appointed under the [1965 c. 49.] Registration of Births, Deaths and Marriages (Scotland) Act 1965 or the provisions of that Act relating to registration districts.

PART III General Provisions as to Members of Local Authorities and Proceedings

Qualifications and disqualifications

29 Qualifications for nomination, election and holding office as member of local authority

(1) A person shall, unless disqualified by virtue of this Act or any other enactment, be qualified to be nominated as a candidate for election as, or to be elected, or to be, a member of a local authority if he has attained the age of 21 years, is a British subject or a citizen of the Irish Republic and not subject to any legal incapacity and—

(a) is, on the day on which he is nominated as a candidate, a local government elector for the area of the authority; or

(b) has, during the whole of the twelve months preceding the day on which he is nominated as a candidate, occupied as owner or tenant any land or other premises in the area of the authority ; or

(c) his principal or only place of work in the twelve months preceding the day on which he is nominated as a candidate has been in the area of the authority; or

(d) has, during the whole of the twelve months preceding the day on which he is nominated as a candidate, resided in the area of the authority.

(2) In subsection (1) above, " owner " includes heir of entail in possession, liferenter and beneficiary entitled under any trust to the rents and profits of land or other premises, and does not include fiar of land or other premises subject to a liferent, or tutor, curator, judicial factor or commissioners.

30 Re-election

A person ceasing to hold office to which he is elected under this Act shall, unless he is not qualified or is disqualified, be eligible for re-election.

31 Disqualifications for nomination, election and holding office as member of local authority

(1) Subject to subsections (2) and (3) below, a person shall be disqualified for being nominated as a candidate for election as, or for being elected, or for being, a member of a local authority if—

(a) he or a partner of his holds any paid office or employment (other than the office of chairman) or other place of profit in the gift or disposal—

(i) of the authority; or

(ii) of any joint committee or joint board the expenses of which are defrayed in part by the authority; or

(b) he is a person whose estate has been sequestrated by a court in Scotland or who has been adjudged bankrupt elsewhere than in Scotland ; or

(c) he has, within five years before the day of nomination, or election or since his election, as the case may be, been convicted in the United Kingdom, the Channel Islands, the Isle of Man or the Irish Republic of any offence and has had passed on him a sentence of imprisonment (whether suspended or not) for a period of not less than three months without the option of a fine; or

(d) he is disqualified for being elected or for being a member of that authority under Part III of the [1949 c. 68.] Representation of the People Act 1949.

(2) Where a person is disqualified under subsection (1) above by reason of his estate having been sequestrated, the disqualification shall cease if and when—

(a) the sequestration of his estate is recalled or reduced ; or

(b) he obtains his discharge from a court in Scotland.

(3) Where a person is disqualified under subsection (1) above by reason of having been adjudged bankrupt, then—

(a) if the bankruptcy is annulled on the ground that he ought not to have been adjudged bankrupt or on the ground that his debts have been paid in full, the disqualification shall cease on the date of the annulment;

(b) if he is discharged with a certificate that the bankruptcy was caused by misfortune without any misconduct on his part, the disqualification shall cease on the date of his discharge; and

(c) if he is discharged without such a certificate, his disqualification shall cease on the expiration of five years from the date of his discharge.

(4) A person who is for the time being a member, officer or servant of, or an officer or servant of a subsidiary (within the meaning of the [1962 c. 46.] Transport Act 1962) of, the Passenger Transport Executive for an area which falls within a region shall be disqualified for being elected or being a member of the council of that region.

32 Proceedings for disqualification

(1) Subject to subsection (3) below, proceedings against any person on the ground that he is disqualified (within the meaning of this section) for being nominated as a candidate for election as a member of a local authority may be instituted before the sheriff principal by any opposing candidate at the election.

(2) Subject to subsection (3) below, proceedings against any person on the ground that he acted, or claims to be entitled to act, as a member of a local authority while disqualified for so acting within the meaning of this section may be instituted before the sheriff principal by the local authority concerned or by any four or more local government electors for the area concerned.

(3) Proceedings under this section may not be instituted after the alleged disqualification has ceased to exist, but proceedings pending at the time of such cessation may continue.

(4) Where in proceedings under this section it is proved that a person has acted as a member of a local authority while disqualified for so acting, the sheriff principal may—

(a) make a declaration to that effect and declare that the office in which the person has acted is vacant;

(b) grant interdict against the person so acting;

(c) order the person to pay to the authority such sum not exceeding £100 as the sheriff principal thinks fit.

(5) Where in proceedings under this section it is proved that the person concerned claims to act as a member of a local authority and is disqualified for so acting, the sheriff principal may make a declaration to that effect and declare that the office in which the person claims to be entitled to act is vacant and grant interdict against the person so acting.

(6) The sheriff principal shall have the same powers and privileges as a judge on the trial of a parliamentary election petition.

(7) For the purposes of this section, a person shall be deemed to be disqualified for acting as a member of a local authority if he is not qualified to be, or is disqualified for being, a member of the authority.

33 Validity of acts done by unqualified persons

The acts and proceedings of any person elected to an office under this Act and acting in that office shall, notwithstanding any question as to the validity of his election or his disqualification or want of qualification, be as valid and effectual as if he had been duly elected and qualified.

Resignation and Vacation of Office

34 Resignation

A member of a local authority may, at any time, resign his office as member by a notice in writing signed by him and delivered to the proper officer of the authority, and his resignation shall take effect upon the expiration of three weeks after the date of delivery of the notice or upon such earlier date, if any, as may be stated in the notice as the date on which the resignation is to take effect.

35 Vacation of office by failure to attend meetings

(1) Subject to subsections (2) and (3) below, if a member of a local authority fails throughout a period of six consecutive months to attend any meeting of the authority, he shall, unless the failure was due to some reason approved by the authority, cease to be a member of the authority.

(2) Attendance as a member at a meeting of any committee or sub-committee of the authority, or at a meeting of any joint committee, joint board or other body by whom for the time being any of the functions of the authority are being discharged, and attendance as representative of the authority at a meeting of any body of persons, shall be deemed for the purposes of subsection (1) above to be attendance at a meeting of the authority.

(3) A member of any branch of Her Majesty's naval, military or air forces when employed during war or any emergency on any naval, military or air force service, and a person whose employment in the service of Her Majesty in connection with war or any emergency is such as, in the opinion of the Secretary of State, to entitle him to relief from disqualification on account of absence, shall not cease to be a member of a local authority by reason only of a failure to attend meetings of the local authority if the failure is due to that employment.

36 Casual vacancies

For the purpose of filling a casual vacancy in any office for which an election is held under this Act, the date on which the vacancy is to be deemed to have occurred shall be—

(a) in the case of death, on the date of death ;

(b) in the case of resignation, the date on which the notice of resignation takes effect;

(c) in the case of the election of a person who is not qualified to be elected or who is disqualified for being elected a member of a local authority, or of a member of a local authority ceasing to be qualified to be a member or becoming disqualified for being a member, the date on which the office has been declared vacant by the sheriff principal or the date of the determination of any appeal;

(d) in the case of a full number of members of a local authority not being elected at an election, the date of the election;

(e) in the case of an election being declared void on an election petition, the date of the decision of the election court;

(f) in the case of a vacancy arising from any other cause, not being a vacancy arising in ordinary course, such date as the local authority may determine.

37 Filling of casual vacancies

(1) On a casual vacancy occurring in the office of councillor, an election to fill the vacancy shall be held within three months from the date on which the vacancy is deemed to have occurred, and the day of election to fill the vacancy shall be fixed by the returning officer.

(2) Where a casual vacancy in any such office occurs within six months before the date of the next ordinary election, an election shall not be held under subsection (1) above unless, on the occurrence of the vacancy (or in the case of a number of simultaneous vacancies, the occurrence of the vacancies), the total number of unfilled vacancies in the membership of the council exceeds one third of the whole number of members ; and where an election under subsection (1) above is not held, the vacancy shall be filled at the next ordinary election.

(3) A person elected to fill a casual vacancy in the office of councillor shall hold office until the day of the next ordinary election.

Restrictions on voting

38 Disability of members of authorities for voting on account of interest in contracts, etc.

(1) Subject to the provisions of section 60 of this Act, if a member of a local authority has any pecuniary interest, direct or indirect, in any contract, proposed contract or other matter, and is present at a meeting of the local authority at which the contract or other matter is the subject of consideration, he shall at the meeting, and as soon as practicable after its commencement, disclose the fact and shall not take part in the consideration or discussion of the contract or other matter or vote on any question with respect to it.

(2) If any person fails to comply with the provisions of subsection (1) above, he shall for each offence be liable on summary conviction to a fine not exceeding £200 unless he proves that he did not know that the contract, proposed contract or other matter in which he had a pecuniary interest was the subject of consideration at that meeting.

(3) A local authority may, by standing orders, provide for the exclusion of a member of the authority from a meeting of the authority while any contract, proposed contract or other matter in which he has a pecuniary interest, direct or indirect, is under consideration.

(4) The following, that is to say—

(a) the receipt by the chairman of a council of an allowance to meet the expenses of his office or his right to receive, or the possibility of his receiving, such an allowance;

(b) the receipt by a member of a local authority of an allowance or other payment under any provision of sections 45 to 48 of this Act or his right to receive, or the possibility of his receiving, any such payment;

shall not be treated as a pecuniary interest for the purposes of this section.

39 Pecuniary interests for purposes of section 38

(1) For the purposes of section 38 of this Act, a person shall be treated, subject to the following provisions of this section and to section 41 of this Act, as having indirectly a pecuniary interest in a contract, proposed contract or other matter, if—

(a) he or any nominee of his is a member of a company or other body with which the contract was made or is proposed to be made or which has a direct pecuniary interest in the other matter under consideration; or

(b) he is a partner, or is in the employment, of a person with whom the contract was made or is proposed to be made or who has a direct pecuniary interest in the other matter under consideration.

(2) Subsection (1) above does not apply to membership of or employment under any public body, and a member of a company or other body shall not by reason only of his membership be treated as having an interest in any contract, proposed contract or other matter if he has no beneficial interest in any securities of that company or other body.

(3) In the case of married persons living together, the interest of one spouse shall, if known to the other, be deemed for the purpose of section 38 of this Act to be also an interest of the other.

40 General notices and recording of disclosures for purposes of section 38

(1) A general notice, given in writing to the proper officer of the authority by a member thereof, to the effect that he or his spouse is a member or in the employment of a specified company or other body, or that he or his spouse is a partner or in the employment of a specified person, or that he or his spouse is the tenant of any premises owned by the authority, shall, unless and until the notice is withdrawn, be deemed to be a sufficient disclosure of his interest in any contract, proposed contract or other matter relating to that company or other body or to that person or to those premises which may be the subject of consideration after the date of the notice.

(2) The proper officer of the authority shall record, in a book to be kept for the purpose, particulars of any disclosure made under section 38 of this Act and of any notice given under this section, and the book shall be open at all reasonable hours to the inspection of any local government elector for the area of the local authority.

41 Removal or exclusion of disability, etc.

(1) The Secretary of State, as respects a member of any local authority, may, subject to such conditions as he may think ' fit to impose, remove any disability imposed by section 38 of this Act in any case in which the number of members of a local authority disabled by that section at any one time would be so great a proportion of the whole as to impede the transaction of business, or in any other case in which it appears to the Secretary of State in the interests of the inhabitants of the area that the disability should be removed.

(2) The power of the Secretary of State under subsection (1) above includes power to remove, either indefinitely or for any period, any such disability which would otherwise attach to any member, or any class or description of member, by reason of such interests, and in respect of such matters, as may be specified by the Secretary of State.

(3) Nothing in section 38 of this Act precludes any person from taking part in the consideration or discussion of, or voting on, any question whether an application should be made to the Secretary of State for the exercise of the powers conferred by subsections (1) and (2) above.

(4) Section 38 of this Act does not apply to an interest in a contract, proposed contract or other matter which a member of a local authority has as a ratepayer or inhabitant of the area, or as an ordinary consumer of water or to an interest in any matter relating to the terms on which the right to participate in any service, including the supply of goods, is offered to the public.

(5) For the purposes of section 38 of this Act, a member shall not be treated as having a pecuniary interest in any contract, proposed contract or other matter by reason only of an interest of his or of any company, body or person with which he is connected, as mentioned in section 39 of this Act, which is so remote or insignificant that it cannot reasonably be regarded as likely to influence a member in the consideration or discussion of, or in voting on, any question with respect to that contract or matter.

(6) Where a member of a local authority has an indirect pecuniary interest in a contract, proposed contract or other matter by reason only of a beneficial interest in securities of a company or other body, and the total nominal value of those securities does not exceed £1,000 or one-hundredth of the total nominal value of the issued share capital of the company or body, whichever is the less, and if the share capital is of more than one class, the total nominal value of shares of any one class in which he has a beneficial interest does not exceed one-hundredth of the total issued share capital of that class, sections 38 and 39 of this Act shall not prohibit him from taking part in the consideration or discussion of the contract or other matter or from voting on any question with respect to it, without prejudice, however, to his duty to disclose has interest.

42 Interpretation of sections 39 and 41

(1) In sections 39 and 41 of this Act, " securities " and " shares " have the same meaning respectively as in the [1958 c. 45.] Prevention of Fraud (Investments) Act 1958.

(2) In section 39 of this Act, " public body " includes any body established for the purpose of carrying on under national ownership any industry or part of an industry or undertaking, the governing body of any university, or college, school or hall of a university, college of education or central institution or of any institution established under section 81(2) of the [1962 c. 47.] Education (Scotland) Act 1962, and the National Trust for Scotland for Places of Historic Interest or Natural Beauty incorporated by the Order confirmed by the [1935 c. ii.] National Trust for Scotland Order Confirmation Act 1935.

In this subsection, " college of education" and " central institution " have the meanings assigned to them by section 145 of the said Act of 1962.

Meetings and proceedings

43 Meetings and proceedings of local authorities

The provisions of Schedule 7 to this Act shall have effect with respect to the meetings and proceedings of local authorities and their committees.

44 Admission of public and press to local authority meetings

(1) For the purpose of securing the admission, so far as practicable, of the public (including the press) to all meetings of committees of local authorities as well as to meetings of local authorities themselves, the [1960 c. 67.] Public Bodies (Admission to Meetings) Act 1960 (in this section referred to as " the 1960 Act") shall have effect subject to the following provisions of this section.

(2) Without prejudice to section 2(1) of the 1960 Act (application of section 1 of that Act to any committee of a body whose membership consists of or includes all members of that body) section 1 of the 1960 Act shall apply to any committee constituted under an enactment specified in section 56(9) of this Act and to any committee appointed by one or more local authorities under section 57 of this Act, not being a committee falling within section 2(1) of the 1960 Act.

(3) Where section 1 of the 1960 Act applies to a committee by virtue of subsection (2) above, then, for the purposes of subsection (4)(c) of that section, premises belonging to the local authority or one or more of the local authorities which appointed the committee shall be treated as belonging to the committee.

Allowances to members of local authorities and other bodies

45 Attendance allowance and financial loss allowance

(1) Any member of a local authority who is a councillor shall be entitled to receive a payment by way of attendance allowance, that is to say, a payment for the performance of any approved duty, being a payment of such reasonable amount, not exceeding the prescribed amount, as the local authority may determine.

(2) The amount prescribed under subsection (1) above may be prescribed by reference to any period of twenty-four hours.

(3) The amount of any allowance determined by a local authority under subsection (1) above may vary according to the time of day and the duration of the duty, but shall be the same for all members of the authority entitled to the allowance in respect of a duty of any description at the same time of day and of the same duration.

(4) Any member of a body to which this section applies who is not entitled under subsection (1) above to receive attendance allowance for the performance of an approved duty shall be entitled to receive a payment by way of financial loss allowance that is to say, a payment not exceeding the prescribed amount in respect of any loss of earnings necessarily suffered, or any additional expenses (other than expenses on account of travelling or subsistence) necessarily suffered or incurred by him for the purpose of enabling him to perform that duty.

46 Travelling allowance and subsistence allowance

(1) Subject to subsection (2) below a member of a body to which this section applies shall be entitled to receive payments by way of travelling allowance or subsistence allowance where expenditure on travelling (whether inside or outside the United Kingdom) or, as the case may be, on subsistence is necessarily incurred by him for the purpose of enabling him to perform any approved duty as a member of that body, being payments at rates determined by that body, but not exceeding, in the case of travel for the purpose of an approved duty within the United Kingdom, such rates as may be specified by the Secretary of State.

(2) A member of a body shall not be entitled to a payment under this section by way of subsistence allowance in respect of the performance of an approved duty except in respect of a duty performed at a distance of more than three miles from his usual place of residence.

47 Allowances for attending conferences and meetings

(1) The following bodies, that is to say—

(a) any local authority ;

(b) any other body to which this section applies and which has power by virtue of any enactment to send representatives to any conference or meeting to which this section applies;

may pay any member of the authority or other body attending any such conference or meeting such allowances in the nature of those payable under sections 45 and 46 of this Act as they think fit, being payments of such reasonable amounts as they may determine in any particular case or class of case and not exceeding the amounts prescribed under section 45 of this Act and, except in the case of a conference or meeting held outside the United Kingdom, specified under section 46 of this Act for the corresponding allowances under those sections.

(2) Where a body mentioned in subsection (1)(b) above has power under any enactment other than this Act or any instrument under such an enactment to pay expenses incurred in attending a conference or meeting to which this section applies, the amount payable under that enactment or instrument stall not exceed the amount which would be payable in respect of the attendance under that subsection.

(3) In relation to a local authority, this section applies to a conference or meeting held inside or outside the United Kingdom and convened by any person or body (other than a person or body convening it in the course of a trade or business or a body the objects of which are wholly or partly political) for the purpose of discussing matters which in their opinion relate to the interests of their area or any part of it or the interests of the inhabitants of their area or any part of it.

(4) In relation to any other body to which this section applies, other than a water development board within the meaning of the [1967 c. 78.] Water (Scotland) Act 1967, this section applies to a conference or meeting convened by one or more such bodies or by an association of such bodies.

(5) In relation to any water development board as aforesaid, this section applies to a conference or meeting held inside or outside the United Kingdom and convened by any other person or body (other than a person or body convening it in the course of a trade or business or a body the objects of which are wholly or partly political) for the purpose of discussing matters which in the opinion of the board relate to their functions.

48 Payment of expenses of official and courtesy visits, etc.

(1) Subject to subsection (2) below, a local authority may—

(a) defray any travelling or other expenses reasonably incurred by or on behalf of any members in making official and courtesy visits, whether inside or outside the United Kingdom, on behalf of the authority;

(b) defray any expenses incurred in the reception and entertainment by way of official courtesy of distinguished persons visiting the area of the authority and persons representative of or connected with local government or other public services whether inside or outside the United Kingdom and in the supply of information to any such persons.

(2) In the case of a visit within the United Kingdom, the amount defrayed under this section by a local authority in respect of the expenses of any member of the authority in making a visit within the United Kingdom shall not exceed the payments which he would have been entitled to receive by way of travelling allowance or subsistence allowance under section 46 of this Act if the making of the visit had been an approved duty of that member.

49 Provisions supplementary to sections 45 to 48

(1) Sections 45 to 47 of this Act shall apply to the following bodies—

(a) all local authorities;

(b) Valuation Appeal Committees established under the [1956 c. 60.] Valuation and Rating (Scotland) Act 1956;

(c) any joint committee of two or more local authorities, whether appointed or established under this Act or any other enactment;

(d) any board, joint board, joint authority or other combined body, all the members of which are representatives of local authorities;

(e) any body prescribed for the purposes of those sections and on which any such body as is mentioned in any of the foregoing paragraphs is represented; and

(f) the Commission for Local Authority Accounts in Scotland.

(2) In sections 45, 46 and 48 of this Act, the expression " approved duty ", in relation to a member of a body, means any of the following duties, that is to say—

(a) attendance at a meeting of the body, or of any of its committees or sub-committees;

(b) the doing of any other thing approved by the body, or anything of a class so approved, for the purpose of, or in connection with, the discharge of the functions of the body, or of any of its committees or sub-committees ;

(c) where, in pursuance of a duty imposed on or a power granted to the body by any enactment or instrument (including a Royal Charter), he has been appointed by or on the nomination of the body to be a member of some other body prescribed for the purposes of this paragraph (whether or not also prescribed for the purposes of sections 45 to 47 of this Act), the doing of anything as a member of that other body for the purpose of, or in connection with, the discharge of the functions of that other body.

(3) For the purposes of sections 45 to 48 of this Act a member of a committee or sub-committee of a local authority or other body mentioned in subsection (1) above shall be deemed to be a member of that body.

(4) Section 38(4) of this Act shall apply in relation to a member of any body mentioned in subsection (1) above to whom it would not otherwise apply as it applies in relation to a member of a local authority ; and no other enactment or instrument shall prevent a member of any such body from taking part in the consideration or determination of any allowance or other payment under any of the provisions of sections 45 to 48 of this Act.

50 Regulations as to allowances

(1) The Secretary of State may make regulations as to the manner in which sections 45 to 48 of this Act are to be administered, and in particular, and without prejudice to the generality of the foregoing provision, may make regulations—

(a) providing for the avoidance of duplication in payments under those sections, or between payments under any of those sections and any other Act, and for the determination of the body or bodies by whom any payments under those sections are to be made, and, where such payments are to be made by more than one body, for the apportionment between those bodies of the sums payable;

(b) specifying the forms to be used and the particulars to be provided for the purpose of claiming payments under those sections;

(c) providing for the publication by a body to which sections 45 to 47 of this Act apply, in the minutes of that body or otherwise, of details of such payments.

(2) A statutory instrument containing regulations under section 45 or 49 of this Act or this section shall be subject to annulment in pursuance of a resolution of either House of Parliament.

PART IV Community Councils

51 Establishment and general purpose of community councils

(1) Every local authority within the meaning of this Part of this Act shall, before 16th May 1976, or such later date as may be agreed by the Secretary of State, submit to the Secretary of State, in accordance with the provisions of this Part of this Act, a scheme for the establishment of community councils for their area.

(2) In addition to any other purpose which a community council may pursue, the general purpose of a community council shall be to ascertain, co-ordinate and express to the local authorities for its area, and to public authorities, the views of the community which it represents, in relation to matters for which those authorities are responsible, and to take such action in the interests of that community as appears to it to be expedient and practicable.

(3) In this Part of this Act, except subsection (2) above, " local authority " means an islands council or a district council.

52 Schemes

(1) Every local authority shall give public notice of their intention to frame a scheme for the establishment of community councils, and any such notice shall invite the public, within a period of not less than eight weeks from the date of the notice, to make suggestions as to the areas and composition of the community councils.

(2) After considering suggestions made under subsection (1) above, the local authority shall prepare and give public notice of a draft scheme which shall contain—

(a) a map showing the boundaries of the proposed areas of community councils and their populations, and the boundaries of any area for which the local authority consider a community council to be unnecessary;

(b) where a local authority consider that a community council is unnecessary for any area, a statement of their reasons for arriving at this conclusion;

(c) provisions relating to qualifications of electors, elections or other voting arrangements, composition, meetings, financing and accounts of community councils;

(d) provisions concerning the procedures to be adopted by which the community councils on the one hand and the local and public authorities with responsibilities in the areas of the community councils on the other will keep each other informed on matters of mutual interest; and

(e) such other information as, in the opinion of the local authority, would help the public to make a reasonable appraisal of the scheme.

(3) The notice mentioned in subsection (2) above shall invite the public, within a period of not less than eight weeks from the date of the notice, to make to the local authority representations as respects the draft scheme.

(4) After considering any representations made under subsection (3) above, the local authority may amend the draft scheme to take account of those representations and shall submit the scheme to the Secretary of State for his approval along with any outstanding representations and their comments upon them.

(5) The Secretary of State, after holding, if he thinks fit, a local inquiry in relation to the whole scheme or any part thereof, may approve, with or without modifications, a scheme submitted to him under subsection (4) above, or may refer the scheme back, in whole or in part, for further consideration by the local authority concerned.

(6) After the Secretary of State has approved a scheme, the local authority shall give public notice of the scheme in its approved form together with public notice of such a scheme as it applies to each proposed area, by exhibition in that area, and any such notice shall contain an invitation to electors in the area concerned to apply in writing to the local authority for the establishment of a community council in accordance with the scheme.

(7) Where not less than 20 electors apply as mentioned in subsection (6) above, the local authority shall, within not more than six weeks from the date of the application, organise, in accordance with the scheme, elections or other voting arrangements for the purpose of establishing the community council.

53 Amendment of schemes

(1) Having regard to changing circumstances and to any representations made to them, every local authority shall from time to time review schemes made and approved under section 52 of this Act and, where they consider that such a scheme ought to be amended, they shall give public notice of their proposals, inviting any community council concerned and the public to make to the local authority representations as respects the proposals.

(2) Where no representations as respects proposals are made under subsection (1) above or any made have been withdrawn, the scheme shall have effect as amended by the proposals.

(3) Where representations as aforesaid are not withdrawn, the local authority may amend their proposals to take account of those representations and shall submit their proposals to the Secretary of State for his approval along with any outstanding representations and their comments upon them.

(4) The Secretary of State, after holding, if he thinks fit, a local inquiry in relation to proposals submitted to him under subsection (3) above, may approve the proposals, with or without modifications, or may refuse to approve them, and where he approves the proposals, the local authority shall give public notice of the proposals and the scheme shall have effect as amended by the proposals.

54 Default powers of the Secretary of State under Part IV

(1) If, contrary to section 51 of this Act, a local authority fail to submit to the Secretary of State a scheme for their area or any part thereof, he may himself prepare a scheme, carry out any consultations which seem to him to be appropriate, and, if he thinks fit, hold a local inquiry in relation to the scheme.

(2) After considering those consultations and the result of any local inquiry, the Secretary of State may confirm the scheme subject to such, if any, modifications as he thinks fit, and may organise, in accordance with the scheme, elections or other voting arrangements for the purpose of establishing a community council or councils for the area or areas concerned.

(3) If, contrary to section 53 of this Act, a local authority fail to review a scheme or make proposals in pursuance of such review, the Secretary of State may propose amendments to the scheme, carry out consultations and hold a local inquiry as aforesaid.

(4) After considering those consultations and the result of any local inquiry, the Secretary of State may confirm the amendments subject to such, if any, modifications as he thinks fit.

(5) Where a scheme or amendments are confirmed by the Secretary of State under this section, he shall give public notice of the scheme or amendments as confirmed.

(6) Any expenses incurred by the Secretary of State by virtue of this section, which he certifies as having been incurred in performing the functions of a local authority, may be recovered by him from that authority.

55 Assistance to community councils

Regional, islands and district councils may make such contributions as they think fit towards the expenses of community councils within their areas, may make loans to those councils and may, at the request of such community councils, provide them with staff, services, accommodation, furniture, vehicles and equipment, on such terms as to payment or otherwise as may be agreed between the councils concerned.

PART V Internal Organisation

Discharge of functions

56 Arrangements for discharge of functions by local authorities

(1) Subject to any express provision contained in this Act or any Act passed after this Act, a local authority may arrange for the discharge of any of their functions by a committee of the authority, a sub-committee, an officer of the authority or by any other local authority in Scotland.

(2) Where by virtue of this section any functions of a local authority may be discharged by a committee of theirs, then, unless the local authority otherwise direct, the committee may arrange for the discharge of any of those functions by a subcommittee or an officer of the authority.

(3) Where by virtue of this section any functions of a local authority may be discharged by another local authority, subsections (1) and (2) above shall apply in relation to those functions as they apply in relation to the functions of that other authority, except that—

(a) the foregoing provision shall have effect subject to the terms of the arrangement relating to the functions ; and

(b) that other authority shall not, by virtue of this sub section, arrange for the discharge of those functions by some other local authority.

(4) Any arrangement made by a local authority or committee under this section for the discharge of any functions by a committee, sub-committee, officer or local authority shall not prevent the authority or committee by whom the arrangement is made from exercising those functions.

(5) Two or more local authorities may discharge any of their functions jointly and, where arrangements are in force for them to do so,—

(a) they may also arrange for the discharge of those functions by a joint committee of theirs or by an officer of one of them, and subsection (2) above shall apply in relation to those functions as it applies in relation to the functions of the individual authorities ; and

(b) any enactment relating to those functions or the authorities by whom or the areas in respect of which they are to be discharged shall have effect subject to all necessary modifications in its application in relation to those functions and the authorities by whom and the areas in respect of which (whether in pursuance of the arrangements or otherwise) they are to be discharged.

(6) A local authority's functions with respect to determining a rate or borrowing money shall be discharged only by the authority.

(7) A local authority shall not make arrangements under this section for the discharge of any of their functions under the [1950 c. 36.] Diseases of Animals Act 1950 by any other local authority.

(8) Any enactment, except one mentioned in subsection (9) below, which contains any provision—

(a) which empowers or requires local authorities or any class of local authorities to establish committees (including joint committees) for any purpose or enables a Minister to make an instrument establishing committees of local authorities for any purpose, or empowering or requiring a local authority or any class of local authorities to establish committees for any purpose; or

(b) which empowers or requires local authorities or any class of local authorities to arrange or to join with other authorities in arranging for the exercise by committees so established or by officers of theirs of any of their functions or provides that any specified functions of theirs shall be discharged by such committees or officers, or enables any Minister to make an instrument conferring such a power, imposing such a requirement or containing such a provision;

shall, to the extent that it makes any such provision, cease to have effect.

(9) The following enactments are exempted from subsection (8) above—

(a) section 36 of the [1947 c. 41.] Fire Service Act 1947 so far as relating to administration schemes;

(b) sections 19, 20, 21 and 21A of the [1967 c. 77.] Police (Scotland) Act 1967 (amalgamation schemes);

(c) section 2 of the [1968 c. 49.] Social Work (Scotland) Act 1968 (social work committees);

(d) paragraph 3 of Schedule 3 to the said Act of 1968 (children's panel advisory committees);

(e) section 7 of the [1972 c. 11.] Superannuation Act 1972 (superannuation of persons employed in local government service, etc.);

(f) section 9 of the said Act of 1972 (superannuation of teachers).

(10) This section shall not authorise a local authority to arrange for the discharge by any committee, sub-committee or local authority of any functions which, by any enactment mention in subsection (9) above, are required or authorised to be discharged by a specified committee, but the foregoing provision shall not prevent a local authority who are required by or under any such enactment to establish, or delegate functions to, a committee established by or under any such enactment from arranging under this section for the discharge of their functions by an officer of the local authority or committee, as the case may be.

(11) In accordance with such directions as the Secretary of State may give in that regard, the Strathclyde Regional Council shall before 31st December 1974 prepare and submit to him for his approval proposals setting forth the arrangements made by them for the discharge of their functions under the Education (Scotland) Acts 1939 to 1973 and the Social Work (Scotland) Acts 1968 and 1972.

(12) The Secretary of State may approve, with or without modifications, proposals submitted to him under subsection (11) above or may refuse to approve them, and any such proposals may be varied or revoked by subsequent proposals which shall be submitted to the Secretary of State for approval or otherwise as aforesaid.

(13) The Strathclyde Regional Council shall cause their said functions to be discharged in accordance with any proposals approved under subsection (12) above, and on 15th May 1978 subsections (11) and (12) above and this subsection shall cease to have effect.

(14) References in this section and section 57 below to the discharge of any of the functions of a local authority include references to the doing of anything which is calculated to facilitate, or is conducive or incidental to, the discharge of any of those functions.

(15) Nothing in this section affects the operation of the [1970 c. 39.] Local Authorities (Goods and Services) Act 1970.

57 Appointment of committees

(1) For the purpose of discharging any functions of a local authority in pursuance of arrangements made under section 56 of this Act—

(a) the authority may appoint a committee of the authority; or

(b) two or more local authorities may appoint a joint committee of those authorities; or

(c) any such committee may appoint one or more sub-committees.

(2) Subject to the provisions of this section, the number of members of a committee appointed under subsection (1) above, their term of office, and the area (if restricted) within which the committee are to exercise their authority, shall be fixed by the appointing authority or authorities or, in the case of a subcommittee, by the appointing committee.

(3) A committee appointed under subsection (1) above, other than a committee for regulating and controlling the finance of the local authority or of their area may, subject to section 59 below, include persons who are not members of the appointing authority or authorities or, in the case of a sub-committee, the authority or authorities of whom they are a sub-committee, but at least two-thirds of the members appointed to any such committee (other than a sub-committee) shall be members of that authority or those authorities, as the case may be.

(4) A local authority may appoint a committee, and two or more local authorities may join in appointing a committee, to advise the appointing authority or authorities on any matter relating to the discharge of their functions, and any such committee—

(a) may consist of such persons (whether members of the appointing authority or authorities or not) appointed for such term as may be determined by the appointing authority or authorities ; and

(b) may appoint one or more sub-committees to advise the committee with respect to any such matter.

(5) Every member of a committee appointed under this section who at the time of his appointment was a member of the appointing authority or one of the appointing authorities shall, upon ceasing to be a member of that authority, also cease to be a member of the committee; but for the purposes of this section a member of a local authority shall not be deemed to have ceased to be a member of the authority by reason of retirement if he has been re-elected a member thereof not later than the day of his retirement.

58 Expenses of joint committees

The expenses incurred by a joint committee appointed under this Part of this Act or any other enactment shall be defrayed by the appointing local authorities in such proportions as they may agree or, in case of disagreement, as may be determined by the Secretary of State.

59 Disqualification for membership of committees and joint committees

(1) Subject to section 126 of this Act, a person who is disqualified under Part III of this Act for being elected or being a member of a local authority shall be disqualified for being a member of a committee (including a sub-committee) of that authority, or being a representative of that authority on a joint committee of the authority and another local authority, whether the committee or joint committee are appointed under this Act or under any other enactment.

(2) Section 32 of this Act shall, so far as applicable, apply with respect to membership of or a claim to be entitled to act as a member of a committee or sub-committee of a local authority or of a joint committee appointed by local authorities as it applies to membership of or claims to be entitled to act as a member of a local authority.

60 Disability for voting on account of interests in contracts, etc.

Sections 38 to 42 of this Act shall apply as respects members of a committee or sub-committee of a local authority or of any joint committee appointed by two or more local authorities, whether the committee, sub-committee or joint committee are appointed under this Act or under any other enactment, as they apply in respect of members of local authorities, subject to the following modifications—

(a) as respects members of a committee or sub-committee, references to meetings of the committee or subcommittee shall be substituted for references to meetings of the local authority; and

(b) as respects members of a joint committee, references to meetings of the joint committee shall be substituted for references to meetings of the local authority.

61 Membership of bodies to cease on ceasing to be member of authority

Where a local authority by virtue of any enactment or instrument or otherwise appoint a member of the authority to be a member of any court or body, then, unless otherwise specifically provided in the enactment or instrument regulating the constitution of the court or body, the person so appointed shall cease to be a member of the court or body on ceasing to be a member of the authority.

62 Standing orders, etc.

A local authority appointing a committee, and local authorities appointing a joint committee, either under this Act or under any other enactment, may make, vary or revoke standing orders respecting the quorum, proceedings and place of meeting of the committee, joint committee or any subcommittee of any such committee, but, subject to any such standing orders, the quorum, proceedings and place of meeting shall be such as the committee, joint committee or sub-committee may determine.

63 Application of foregoing provisions of Part V to police authorities and joint police committees

(1) Subsections (2) to (4) below shall have effect for the purposes of the application of the foregoing provisions of this Part of this Act to a local authority in relation to their functions as a police authority.

(2) A police authority may not arrange under section 56(1) of this Act for the discharge of any of their functions by another police authority or a district council.

(3) The following provisions of this Part of this Act shall not apply to a police authority—

(a) in section 56, subsections (3), (5) and (10),

(b) section 57(1)(b).

(4) Section 62 of this Act shall not apply in a case where a joint police committee are constituted by or under an amalgamation scheme made under Part I of the [1967 c. 77.] Police (Scotland) Act 1967.

(5) Subsections (1) and (2) of section 56 of this Act shall apply to a joint police committee as they apply to a local authority except that—

(a) they may not arrange for the discharge of any of their functions by another joint police committee or a police authority or district council, or

(b) if the function relates to part only of the combined area in respect of which the committee are exercising functions, they may not arrange for the discharge of that function by any other person.

Staff

64 Appointment, etc. of staff

(1) Subject to the provisions of this Act, a local authority shall appoint such officers as they think necessary for the proper discharge by the authority of their functions and the carrying out of any obligations incurred by them in connection with an agreement made by them in pursuance of section 65 of this Act.

(2) An officer appointed under subsection (1) above shall hold office on such reasonable terms and conditions, including conditions as to remuneration, as the authority appointing him think fit.

(3) Where an action has been brought against an officer of a local authority in respect of an act done by him in the execution or purported execution of any enactment and the circumstances are such that he is not legally entitled to require the authority to indemnify him, the authority may nevertheless indemnify him against the whole or a part of any damages or expenses which he may have been ordered to pay or may have incurred if they are satisfied that he honestly believed that the act complained of was within the scope of his employment and that his duty under the enactment required or entitled him to do it.

(4) Any enactment, except one mentioned in subsection (5) below, which requires or empowers local authorities or any class of local authorities to appoint a specified officer shall, to the extent that it makes any such provision, cease to have effect.

(5) The following enactments are excepted from subsection (4) above—

(a) sections 18 and 19 of the [1947 c. 41.] Fire Services Act 1947 (chief officers and members of fire brigades);

(b) section 6(3) of the [1949 c. 68.] Representation of the People Act 1949 (registration officers);

(c) section 86 of the [1962 c. 47.] Education (Scotland) Act 1962 (directors of education);

(d) section 41 of the [1963 c. 31.] Weights and Measures Act 1963 (weights and measures inspectors);

(e) section 3 of the [1968 c. 49.] Social Work (Scotland) Act 1968 (directors of social work);

(f) section 36 of the [1968 c. 49.] Social Work (Scotland) Act 1968 (reporters); and

(g) section 67(3)(b) of the [1970 c. 40.] Agriculture Act 1970 (agricultural analysts and deputies).

(6) Nothing in this section affects the operation of section 7 of the [1965 c. 49.] Registration of Births, Deaths and Marriages (Scotland) Act 1965 (registrars) or the operation of the [1970 c. 39.] Local Authorities (Goods and Services) Act 1970.

(7) Nothing in subsections (1) and (2) above affects the operation of section 9 of the [1967 c. 77.] Police (Scotland) Act 1967 (employees other than constables).

65 Placing of staff of local authorities at disposal of other local authorities

(1) Without prejudice to any powers exercisable apart from this section, a local authority may enter into an agreement with another local authority for the placing at the disposal of the latter for the purposes of their functions, on such terms as may be provided by the agreement, of the services of officers employed by the former, but shall not enter into any such agreement with respect to any officer without consulting him.

(2) For superannuation purposes, service rendered by an officer of a local authority whose services are placed at the disposal of another local authority in pursuance of this section is service rendered to the authority by whom he is employed, but any such officer shall be treated for the purposes of any enactment relating to the discharge of local authorities' functions as an officer of that other local authority.

66 Security to be taken in relation to officers

(1) A local authority shall, in the case of an officer employed by them, whether under this or any other enactment, who by reason of his office or employment is likely to be entrusted with the custody or control of money, and may, in the case of any other officer employed by them, take such security for his duly accounting for all money or property which may be entrusted to him, as the local authority consider sufficient.

(2) A local authority may, in the case of a person not employed by them but who is likely to be entrusted with the custody or control of money or property belonging to the local authority, take such security as they think sufficient for the person duly accounting for all such money or property.

(3) A local authority shall defray the cost of any security taken under this section, and every such security shall be produced to the auditor at the audit of the accounts of the local authority.

67 Members of local authorities not to be appointed as officers

A person shall, so long as he is, and for twelve months after he ceases to be, a member of a local authority, be disqualified for being appointed by that authority to any paid office, other than to the office of chairman.

68 Disclosure by officers of interest in contracts

(1) If it comes to the knowledge of an officer employed, whether under this Act or any other enactment, by a local authority that a contract in which he has any pecuniary interest, whether direct or indirect (not being a contract to which he is himself a party), has been, or is proposed to be, entered into by the authority or any committee thereof, he shall, as soon as practicable, give notice in writing to the authority of the fact that he is interested therein.

For the purposes of this section, an officer shall be treated as having indirectly a pecuniary interest in a contract or proposed contract if he would have been so treated by virtue of section 39 of this Act had he been a member of the authority.

(2) An officer of a local authority shall not, under colour of his office or employment, accept any fee or reward whatsoever other than his proper remuneration.

(3) Any person who contravenes the provisions of subsection (1) or (2) above shall be liable on summary conviction to a fine not exceeding £200.

(4) References in this section to a local authority shall include references to a joint committee appointed under section 57 of this Act or any other enactment.

PART VI Miscellaneous Powers of Local Authorities

Subsidiary powers

69 Subsidiary powers of local authorities

(1) Without prejudice to any powers exercisable apart from this section but subject to the provisions of this Act and any other enactment passed before or after this Act, a local authority shall have power to do any thing (whether or not involving the expenditure, borrowing or lending of money or the acquisition or disposal of any property or rights) which is calculated to facilitate, or is conducive or incidental to, the discharge of any of their functions.

(2) A local authority shall not by virtue of this section raise money, whether by means of rates or borrowing, or lend money except in accordance with the enactments relating to those matters respectively.

(3) Without prejudice to section 53 of the [1967 c. 86.] Countryside (Scotland) Act 1967 (contributions by or to local authorities), two or more local authorities may make arrangements for defraying any expenditure incurred by one of them in exercising any functions exercisable by both or all of them.

Land transactions

70 Acquisition of land by agreement

(1) For the purposes of—

(a) any of their functions under this or any other enactment, or

(b) the benefit, improvement or development of their area,

a local authority may acquire by agreement any land, whether situated inside or outside their area.

(2) A local authority may acquire by agreement any land for any purpose for which they are authorised by this or any other enactment to acquire land, notwithstanding that the land is not immediately required for that purpose; and, until it is required for the purpose for which it was acquired, any land acquired under this subsection may be used for the purpose of any of the authority's functions.

(3) For the purpose of the purchase of land by agreement by a local authority, the Lands Clauses Acts (except so much thereof as relates to the acquisition of land otherwise than by agreement, and the provisions relating to access to the special Act, and except sections 120 to 125 of the [1845 c. 19.] Lands Clauses Consolidation (Scotland) Act 1845), and section 6 and sections 70 to 78 of the [1845 c. 33.] Railways Clauses Consolidation (Scotland) Act 1845 (as originally enacted and not as amended by section 15 of the [1923 c. 20.] Mines (Working Facilities and Support) Act 1923) are hereby incorporated with this section, and, in construing those Acts for the purposes of this section, this section shall be deemed to be the special Act and the local authority shall be deemed to be the promoters of the undertaking or company, as the case may require.

(4) Where two or more local authorities acting together would have power to acquire any land by agreement by virtue of this section, nothing in any enactment shall prevent one of those authorities from so acquiring the land on behalf of both or all of them in accordance with arrangements made between them, including arrangements as to the subsequent occupation and use of the land.

(5) References in the foregoing provisions of this section to acquisition are references to acquisition by purchase, feu, lease or excambion.

71 Acquisition of land compulsorily

(1) Subject to subsection (2) below, for the purposes of any of their functions under this or any other enactment, a local authority may be authorised by the Minister concerned with the function in question to purchase compulsorily any land, whether situated inside or outside their area.

(2) A local authority may not be authorised under subsection (1) above to purchase land compulsorily for any purpose in relation to which their power of acquisition is by any enactment expressly limited to acquisition by agreement.

(3) Where one or more local authorities propose, in exercise of the power conferred by subsection (1) above, to acquire any land for more than one purpose, the Minister or Ministers whose authorisation is required for the exercise of that power shall not be concerned to make any apportionment between those purposes nor, where there is more than one local authority, between those authorities, and—

(a) the purposes shall be treated as a single purpose and the compulsory acquisition shall be treated as requiring the authorisation of the Minister, or the joint authorisation of the Ministers, concerned with those purposes ; and

(b) where there is more than one local authority concerned, the authorities may nominate one of them to acquire the land on behalf of them all and the authority so nominated shall accordingly be treated as the acquiring authority for the purposes of any enactment relating to the acquisition.

(4) The [1947 c. 42.] Acquisition of Land (Authorisation Procedure) (Scotland) Act 1947 shall apply in relation to the compulsory purchase of land in pursuance of subsection (1) above as if that subsection were contained in an Act in force immediately before the commencement of that Act.

72 Title to land

The title to all land acquired by a local authority shall be taken in the corporate name of the authority.

73 Appropriation of land

(1) Subject to Part II of the [1959 c. 70.] Town and Country Planning (Scotland) Act 1959 and to the following provisions of this section, a local authority may appropriate for the purpose of any function, whether statutory or otherwise, land vested in them for the purpose of any other such function.

(2) A local authority may not exercise their power of appropriation under subsection (1) above with respect to any land specified in subsection (3)(a) below except with the consent of the Minister concerned with the function for which the land is held immediately before the appropriation, or with respect to any land specified in subsection (3)(b) below except with the consent of the Secretary of State.

(3) The land to which subsection (2) above applies is—

(a) land which was acquired not more than ten years before the date of the proposed appropriation in the exercise of compulsory powers by a local authority (including, in respect of an acquisition before 16th May 1975, any existing local authority) and which has not subsequently been appropriated by that or any other local authority for any purpose other than that for which it was acquired; and

(b) land which consists or forms part of a common or open space, or is held for use as allotments.

74 Disposal of land

(1) Subject to Part II of the [1959 c. 70.] Town and Country Planning (Scotland) Act 1959 and to subsection (2) below, a local authority may dispose of land held by them in any manner they wish.

(2) Except with the consent of the Secretary of State, a local authority shall not dispose of land under subsection (1) above for a consideration less than the best that can reasonably be obtained.

75 Disposal, etc., of land forming part of the common good

(1) The provisions of this Part of this Act with respect to the appropriation or disposal of land belonging to a local authority shall apply in the case of land forming part of the common good of an authority with respect to which land no question arises as to the right of the authority to alienate.

(2) Where a local authority desire to dispose of land forming part of the common good with respect to which land a question arises as to the right of the authority to alienate, they may apply to the Court of Session or the sheriff to authorise them to dispose of the land, and the Court or sheriff may, if they think fit, authorise the authority to dispose of the land subject to such conditions, if any, as they may impose, and the authority shall be entitled to dispose of the land accordingly.

(3) The Court of Session or sheriff acting under subsection (2) above may impose a condition requiring that the local authority shall provide in substitution for the land proposed to be disposed of other land to be used for the same purpose for which the former land was used.

76 Special provisions as to land acquired for public recreation from heir of entail

Where an heir of entail in possession of land disposes of land to a local authority for the purpose of public recreation under the provisions of this Act or any other enactment (not being land within a quarter of a mile of the mansion house in the natural possession of the heir of entail or part of any garden, orchard or enclosure adjacent to the mansion house which has usually been in the natural possession of the proprietor) and such land does not exceed in all twenty acres, and where the persons in right of heritable securities or other charges affecting such land refuse to consent to such disposal, such lands shall be disburdened of the said heritable securities and charges if the sheriff, upon the application of the heir of entail in possession duly intimated to the said persons who shall be entitled to appear and object, finds that the lands comprised in the heritable securities or charges other than the land being acquired by the local authority afford adequate security.

77 Payment of purchase or compensation money by one local authority to another

Any purchase money or compensation payable in pursuance of this Part of this Act by a local authority in respect of land acquired from another local authority which would but for this section be required to be paid into court in manner provided by the Lands Clauses Acts may, if the Minister concerned with the purpose for which the land was held by the last mentioned authority consents, instead of being paid into court, be paid and applied as that Minister may determine, and the decision of that Minister shall be final.

Buildings, contracts, etc.

78 Power to erect buildings, etc.

(1) Subject to subsection (2) below and section 94 of this Act, a local authority may, for the purpose of any of their functions or for the benefit or improvement of their area, erect buildings or execute any other works on any land belonging to them or, where they are satisfied that the terms of the lease of land are such as to make it prudent for them to do so, on land leased by them, or convert, alter, enlarge or improve any existing building or other works belonging to them or, where they consider it prudent, any existing building or other works let to them.

(2) Subsection (1) above shall not of itself authorise a local authority to do anything contrary to the conditions contained in the title to or lease of any such land or building or other works or authorise land held for one purpose to be used for another purpose.

79 Provision of offices, etc.

A local authority may acquire or provide and furnish and maintain halls, offices and other buildings, whether within or without the area of the authority, to be used for the purpose of transacting the business of the authority or the business of any other body for which the authority are required or authorised by or under any enactment to provide accommodation, or for the purpose of public meetings or assemblies.

80 Interpretation of " functions "

For the purposes of the foregoing provisions of this Part of this Act, the functions of a local authority shall be deemed to include the provision of accommodation for any committee, court or other body which the authority are required or authorised to provide, notwithstanding that the committee, court or body may exercise functions not vested in the authority.

81 Contracts of local authorities

(1) A local authority may make standing orders with respect to the making of contracts by them or on their behalf.

(2) A local authority shall make standing orders with respect to the making by them or on their behalf of contracts for the supply of goods or materials or for the execution of works.

(3) Standing orders made by a local authority with respect to contracts for the supply of goods or materials or for the execution of works shall include provision for securing competition for such contracts and for regulating the manner in which tenders are invited, but may exempt from any such provision contracts for a price below that specified in standing orders and may authorise the authority to exempt any contract from any such provision when the authority are satisfied that the exemption is justified by special circumstances.

(4) A person entering into a contract with a local authority shall not be bound to inquire whether the standing orders of the authority which apply to the contract have been complied with, and non-compliance with such orders shall not invalidate any contract entered into by or on behalf of the authority.

(5) In this section the expression " contracts " includes, in relation to the execution of works, arrangements for the execution of those works by persons employed by the local authority.

Private legislation

82 Power of local authority to promote or oppose private legislation

(1) Subject to the provisions of this Act, where a local authority are satisfied that it is expedient to promote or oppose any private legislation in Parliament, the local authority may, in accordance with the procedure provided by this section, promote or oppose the same accordingly and may defray the expenses incurred in relation thereto.

(2) A resolution of a local authority to promote or oppose private legislation under subsection (1) above shall be—

(a) passed by a majority of the whole number of the members of the authority at a meeting of the authority held after ten clear days' notice of the meeting and of its purpose has been given by advertisement in one or more newspapers circulating in the area of the authority, such notice being given in addition to the ordinary notice required to be given for the convening of a meeting of the authority ; and

(b) in the case of the promotion of private legislation, confirmed by a like majority at a further such meeting convened in accordance with paragraph (a) above and held as soon as may be after the expiration of fourteen days after the draft of the provisional order has been submitted to the Secretary of State in accordance with the provisions of the Act of 1936 and, if the resolution is not confirmed, the local authority shall take all necessary steps to withdraw the same.

(3) Where under section 2 of the Act of 1936, the Chairman of Committees of the House of Lords and the Chairman of Ways and Means in the House of Commons are of opinion that provisions contained in a draft provisional order ought to be dealt with by private Bill and not by provisional order, the determination of the Chairmen shall forthwith be reported to the local authority concerned, and unless the authority resolve to proceed with the promotion of a private Bill dealing with the matters to which the said provisions relate or any of them, such a private Bill shall not be promoted, but if such a private Bill is to be promoted, the proceedings of the authority with respect to the promotion of a provisional order under this section shall be deemed to apply to the promotion of such a Bill.

(4) In ascertaining for the purpose of this section the whole number of members of a local authority, no account shall be taken of any vacancy which may at the time exist in the membership of the authority.

(5) No payment shall be made by a local authority to a member of the authority for acting as counsel or agent in promoting or opposing private legislation under this section.

(6) Nothing in this section shall affect the right of any local authority connected with the locality to which any draft provisional order referred to Commissioners under the Act of 1936 relates to make a report to the Commissioners respecting the provisions of the draft order.

(7) In this section—

• " Act of 1936 " means the [1936 c. 52.] Private Legislation Procedure (Scotland) Act 1936;

• " provisional order " means a provisional order under the Act of 1936;

• " private legislation in Parliament " and " private legislation " include a provisional order and the confirmation Bill relating thereto under the Act of 1936, and also any local or personal Bill.

Miscellaneous

83 Power of local authorities to incur expenditure for certain purposes not otherwise authorised

(1) A local authority may, subject to the provisions of this section, incur expenditure which in their opinion is in the interests of their area or any part of it or all or some of its inhabitants, but a local authority shall not, by virtue of this subsection, incur any expenditure for a purpose for which they are, either unconditionally or subject to any limitation or to the satisfaction of any condition, authorised or required to make any payment by or by virtue of any other enactment.

(2) It is hereby declared that the power of a local authority to incur expenditure under subsection (1) above includes power to do so by contributing towards the defraying of expenditure by another local authority in or in connection with the exercise of that other authority's functions.

(3) A local authority may, subject as aforesaid, incur expenditure on contributions to any of the following funds, that is to say—

(a) the funds of any charitable body in furtherance of its work in the United Kingdom ; or

(b) the funds of any body which provides any public service in the United Kingdom otherwise than for the purposes of gain; or

(c) any fund which is raised in connection with a particular event directly affecting persons resident in the United Kingdom on behalf of whom a public appeal for contributions has been made by a chairman of a regional, islands or district council, a chairman of a community council, a lord-lieutenant or by a body of which any of these persons is a member.

(4) The expenditure of a local authority under this section in any financial year shall not exceed the product of a rate of 2p in the pound for their area for that year or, if some other amount, whether higher or lower, is fixed by an order made by the Secretary of State, shall not exceed the product of a rate of that amount in the pound for their area for that year.

(5) A statutory instrument containing an order under subsection (4) above may apply to all local authorities or may make different provision in relation to local authorities of different descriptions.

(6) Any such instrument shall be subject to annulment in pursuance of a resolution of either House of Parliament.

84 Powers of local authorities with respect to emergencies or disasters

(1) Where an emergency or disaster involving destruction of or danger to life or property occurs or is imminent or there is reasonable ground for apprehending such an emergency or disaster, and a local authority are of opinion that it is likely to affect the whole or part of their area or all or some of its inhabitants, the authority may—

(a) incur such expenditure as they consider necessary in taking action themselves (either alone or jointly with any other person or body and either in their area or elsewhere in or outside the United Kingdom) which is calculated to avert, alleviate or eradicate in their area or among its inhabitants the effects or potential effects of the event; and

(b) make grants or loans to other persons or bodies on conditions determined by the authority in respect of any such action taken by those persons or bodies.

(2) Where a local authority take any such action as aforesaid which will involve their incurring expenditure or make any such grant or loan, they shall as soon as practicable notify the Secretary of State of the action they have taken or of any grant or loan they have made, and the Secretary of State may direct them to cease taking that action or to take it only to such extent as he may specify in the direction or not to make any further grant or loan or to make one not exceeding such amount as he may specify.

(3) The power conferred by subsection (1) above shall be in addition to, and not in derogation of, any power conferred on a local authority by or under any other enactment, including any enactment contained in this Act.

(4) In this section, " local authority" includes an existing local authority.

85 Acceptance of gifts of property

A local authority may accept, hold and administer—

(a) for the purpose of discharging any of their functions, gifts of property, whether heritable or moveable, made for that purpose ; or

(b) for the benefit of the inhabitants of their area or of some part of it, gifts made for that purpose ;

and may execute any work (including works of maintenance or improvement) incidental to or consequential on the exercise of the powers conferred by this section.

86 Insurance by local authorities against accidents to members

(1) A local authority may enter into a contract with any person whereby, in consideration of payments by the authority by way of premium or otherwise, that person undertakes to pay to the authority such sums as may be provided in the contract in the event of any member of the authority meeting with a personal accident, whether fatal or not, while he is engaged on the business of the authority.

(2) Any sum received by the authority under any such contract shall, after deduction of any expenses incurred in the recovery thereof, be paid by them to, or to the personal representatives of, the member concerned.

(3) The provisions of the [1774 c. 48.] Life Assurance Act 1774 shall not apply to any such contract, but any such contract shall be deemed for the purposes of the [1958 c. 72.] Insurance Companies Act 1958 to be a policy of insurance upon the happening of personal accidents.

(4) In this section, the expression " member of the authority " includes a member of a committee or sub-committee of the authority who is not a member of that authority.

87 Research and the collection of information

(1) A council may conduct, or assist in the conducting of, investigations into, and the collection of information relating to, any matters concerning their area or any part thereof and may make, or assist in the making of arrangements whereby any such information and the results of any such investigation are made available to any other local authority in the area, any government department or the public.

(2) The appropriate Minister with respect to any matter may require a council to provide him with any information with respect to that matter which is in the possession of, or available to, that council or any other local authority in the area of the council in consequence of the exercise of any power conferred by or under any enactment; and where such requirement is made in respect of any information which is in the possession of, or available to, any other local authority in the area, but not the council, the council may require that other authority to furnish them with that information.

(3) In this section " council" means a regional or islands council.

88 Provision of information, etc., relating to matters affecting local government

(1) A local authority may make, or assist in the making of, arrangements whereby the public may on application readily obtain, either at premises specially maintained for the purpose or otherwise, information concerning the services available within the area of the authority provided either by the authority or by other authorities or by government departments, or by charities and other voluntary organisations, and other information as to local government matters affecting the area.

(2) A local authority may—

(a) arrange for the publication within their area of information on matters relating to local government; and

(b) arrange for the delivery of lectures and addresses and the holding of discussions on such matters; and

(c) arrange for the display of pictures, cinematograph films or models or the holding of exhibitions relating to such matters; and

(d) prepare, or join in or contribute to the cost of the preparation of, pictures, films, models or exhibitions to be displayed or held as aforesaid.

89 Subscriptions to local government associations

A local authority may pay reasonable subscriptions, whether annually or otherwise, to the funds—

(a) of any association of local authorities formed (whether inside or outside the United Kingdom) for the purpose of consultation as to the common interests of those authorities and the discussion of matters relating to local government, or

(b) of any association of officers or members of local authorities which was so formed.

90 Power to encourage visitors and provide conference and other facilities

(1) A local authority may (either alone or jointly with any other person or body)—

(a) encourage persons, by advertisement or otherwise, to visit their area for recreation, for health purposes or to hold conferences, trade fairs and exhibitions in their area; and

(b) provide, or encourage any other person or body to provide, facilities for recreation, conferences, trade fairs and exhibitions or improve, or encourage any other person or body to improve, any existing facilities for those purposes.

(2) Without prejudice to subsection (1) above, a local authority may contribute to any organisation approved by the Secretary of State for the purposes of this subsection and established for the purpose of encouraging persons to visit the United Kingdom or any part thereof.

91 Social, cultural and recreative activities

(1) A local authority may do, or arrange for the doing of, or contribute towards the expenses of the doing of, anything (whether inside or outside their area) necessary or expedient for the purpose of the provision of adequate facilities for social, cultural and recreative activities, and in particular, but without prejudice to that generality, for any of the following purposes, that is to say—

(a) the provision of an entertainment of any nature or of facilities for dancing;

(b) the development and improvement of the knowledge, understanding and practice of the arts and crafts;

(c) the provision of a theatre, cultural centre, arts centre, concert hall, dance hall, community centre or other premises suitable for social, cultural or recreative activities;

(d) the maintenance of a band, orchestra or theatrical company or any other body for the promotion of all or any of the activities aforesaid ;

(e) any purpose incidental to the matters aforesaid, including the provision of refreshments or programmes and the advertising of any such activities.

(2) Without prejudice to the generality of the provisions of subsection (1) above, a local authority—

(a) may for the purposes therein specified enclose or set apart any part of a park or pleasure ground belonging to the authority or under their control;

(b) may permit any premises provided by them for the purposes of subsection (1) above and any part of a park or pleasure ground enclosed or set apart as aforesaid, to be used by any other person, on such terms as to payment or otherwise as the authority think fit, and may authorise that other person to make charges for admission thereto;

(c) may themselves make charges for admission to or participation in any entertainment given or social, cultural or recreative activity promoted by them and for any refreshment or programme supplied at or in connection with any such entertainment or activity.

(3) Regional councils shall have a duty, in consultation with district councils within their region, to ensure that there is an adequate provision of facilities for the inhabitants of their region for social, cultural and recreative activities.

(4) Subsection (2) above shall not authorise any authority to contravene any covenant or condition subject to which a gift or lease of a public park or pleasure ground has been accepted or made without the consent of the donor, grantor, lessor or other person entitled in law to the benefit of the covenant or condition.

(5) Nothing in this section shall affect the provisions of any enactment by virtue of which a licence is required for the public performance of a stage play or the public exhibition of cinematograph films, or for boxing or wrestling entertainments or for public music or dancing, or for the sale of exciseable liquor.

(6) No certificate shall be granted under the Licensing (Scotland) Acts 1959 to 1969 for the sale of exciseable liquor in any premises provided under this section in Scotland, but nothing in this subsection shall render it unlawful to grant under section 60 of the [1959 c. 51.] Licensing (Scotland) Act 1959 a special permission for an entertainment on any such premises.

92 Transfer of securities on alteration of area, etc.

(1) Where any securities are standing in the books of a company in the name of a local authority the following provisions shall have effect—

(a) if the name of the authority is changed, then at the request of the authority and on production of a statutory declaration by the proper officer of the authority specifying the securities and verifying the change of name and identity of the authority, the company shall enter the securities in the new name of the local authority in like manner as if the securities had been transferred to the authority under that name ;

(b) if by virtue of anything done under any provision of this Act or any enactment similar to any such provision (whenever passed), any other local authority have become entitled to the securities or any dividends or interest thereon, as the case may be, a certificate of the proper officer of the council of that other authority or the scheme, order or award under which that other authority have become so entitled, shall be a sufficient authority to the company to transfer the securities into the name of the local authority specified in that behalf in the certificate, or in the scheme, order or award, as the case may be, and to pay the dividends or interest to that authority;

(c) if in any other case any other local authority have become entitled to the securities or any dividends or interest thereon, as the case may be, the Court of Session may on the petition of that other authority make an order vesting in that other authority the right to transfer the securities or to receive the dividends or interest, as the case may be.

(2) In this section, the expression—

• " company " includes the Bank of England and any company or person keeping books in which any securities are registered or inscribed ;

• " securities " has the same meaning as in the [1958 c. 45.] Prevention of Fraud (Investments) Act 1958.

PART VII Finance

Funds, revenue and expenses

93 General fund

(1) Every local authority shall have a general fund and, subject to subsection (2) below—

(a) all sums received by or on behalf of the authority shall be paid into that fund ;

(b) all fees, commissions, discounts allowed on payment of accounts and expenses payable to or recovered by any officer of a local authority in respect of any business relating to the authority whether by reason of his office or otherwise shall be accounted for and paid into that fund;

and all sums payable by the authority shall be paid out of that fund.

(2) Subsection (1) above shall not apply to sums received or payable—

(a) which relate to funds or property held by a local authority as trustees for any purpose under any deed of trust or other instrument;

(b) which, in the case of an islands or district council, relate to the common good of the islands area or district, as the case may be ;

(c) with respect to which it is otherwise provided in any other provision of this Act or in any other enactment.

94 Capital expenses

(1) It shall not be lawful for a local authority to incur any liability to meet capital expenses except with the consent of the Secretary of State, and the Secretary of State may, if he thinks fit, give his consent for the purposes of this section—

(a) subject to such conditions as may be specified in the consent;

(b) in relation to such project, or to such programme of works, or to such class of works, or to such amount, as may be so specified;

(c) in relation to expenses to be met by the authority within such financial year as may be so specified.

(2) In this section " capital expenses " means any expenses which are to be charged to a capital or borrowing account, or which, being of a capital nature, are to be met otherwise than out of current revenue.

95 Financial administration

Without prejudice to section 69 of this Act, every local authority shall make arrangements for the proper administration of their financial affairs and shall secure that the proper officer of the authority has responsibility for the administration of those affairs.

Accounts and audit

96 Accounts and audit

(1) Every local authority shall keep accounts of all transactions relating to all funds of the authority and, subject to any provision contained in regulations made under section 105 of this Act, the accounts of the general fund of a local authority shall comprise such current, capital and borrowing accounts as may be necessary for the purpose of distinguishing transactions for different purposes.

(2) All accounts of a local authority shall be made up in respect of each financial year.

(3) Every local authority shall, in addition to preparing accounts in respect of any financial year, prepare in duplicate an abstract of the accounts for that year.

(4) The accounts of every local authority in respect of any financial year shall be audited by a professional accountant, who is either an officer of the Commission for Local Authority Accounts or is an approved auditor appointed by the Commission in accordance with the provisions of this Part of this Act.

(5) The financial year of a local authority shall be the period of twelve months beginning with 16th May, so however that—

(a) the Secretary of State may direct, either in relation to local authorities generally or in relation to a particular local authority, that their financial year shall be such period as the Secretary of State may specify; and

(b) for the purposes of subsections (2) to (4) above, the first financial year of any local authority shall be the period beginning with the date on which the authority comes into existence in accordance with the provisions of this Act and ending with 15th May 1976 ;

and references in this Act and in any other enactment (whether passed or made before or after the passing of this Act) to the financial year of a local authority shall be construed in accordance with the provisions of this subsection.

97 Establishment of Commission for Local Authority Accounts in Scotland

(1) There shall be established a body, to be known as the Commission for Local Authority Accounts in Scotland (hereafter in this Part of this Act referred to as " the Commission "), which shall consist of such number of members, not being more than twelve or less than nine, as the Secretary of State may determine, and the members shall be appointed by the Secretary of State after consultation with such associations of local authorities as appear to him to be concerned and with such other organisations or persons as he may think appropriate.

(2) The Commission shall have the following functions, that is to say—

(a) securing the audit of all accounts of local authorities in accordance with the provisions of this Part of this Act;

(b) considering all reports made in accordance with the said provisions and investigating all matters raised by any such report;

(c) making recommendations to the Secretary of State and to local authorities in accordance with the said provisions; and

(d) advising the Secretary of State on any matter relating to the accounting of local authorities which he may refer to them for advice.

(3) The Secretary of State may, after consultation with the Commission, with such associations of local authorities as appear to him to be concerned and with such other organisations or persons as he may think appropriate, give to the Commission directions of a general character as to the discharge of their functions, and the Commission shall give effect to any direction so given.

(4) There shall be a Controller of Audit who shall be appointed by the Commission after consultation with, and subject to the approval of, the Secretary of State, and the Commission may appoint such other officers, and may appoint such agents, as they may determine.

(5) The provisions of Schedule 8 to this Act shall have effect in relation to the Commission.

(6) In this Part of this Act " auditor " includes the Controller of Audit, officers of the Commission, being professional accountants, and approved auditors appointed by the Commission for the purpose of conducting audits or, as the case may be, a particular audit, under this Part of this Act, and " approved auditor " means an auditor who is qualified under subsection (7) below.

(7) An auditor is qualified for the purposes of subsection (6) above if, and only if, he is a member, or a firm all the members of which are members, of one or more of the following bodies—that is to say—

• The Institute of Chartered Accountants of Scotland.

• The Institute of Chartered Accountants in England and Wales.

• The Association of Certified Accountants.

• The Institute of Municipal Treasurers and Accountants.

• The Institute of Chartered Accountants in Ireland.

• Any other body of accountants established in the United Kingdom for the time being approved by the Secretary of State.

98 Expenses and accounts of Commission

(1) The Commission shall have power to incur such expenses as appear to them to be necessary or expedient for the proper discharge of their functions, and—

(a) the Secretary of State may, with the consent of the Treasury, pay to the Commission grants of such amounts, at such times and subject to such conditions as he may determine in respect of expenses incurred by the Commission as aforesaid ;

(b) such part of the expenses of the Commission as is not met by grants under paragraph (a) above shall be met by local authorities in accordance with regulations made by the Secretary of State after consultation with such associations of local authorities as appear to him to be concerned.

(2) A statutory instrument containing regulations made by the Secretary of State under paragraph (b) of subsection (1) above shall be subject to annulment in pursuance of a resolution of either House of Parliament.

(3) The Commission shall keep proper accounts and other records in relation to their accounts and shall prepare in respect of each financial year a statement of account in such form as the Secretary of State may, with the approval of the Treasury, direct.

(4) The statement of account prepared by the Commission in respect of each financial year shall be submitted to the Secretary of State before such date as he may, with the approval of the Treasury, direct.

(5) The Secretary of State shall, on or before 30th November in each year, transmit to the Comptroller and Auditor General the statement of account prepared by the Commission for the financial year last ended.

(6) The Comptroller and Auditor General shall examine and certify the statement of account transmitted to him under subsection (5) above and shall lay before Parliament copies of that statement together with his report thereon.

99 General duties of auditors

In auditing the accounts of any local authority under this Part of this Act, an auditor shall, by examination of the accounts and otherwise, satisfy himself that—

(a) the accounts have been prepared in accordance with regulations made under section 105 of this Act and comply with the requirements of all other enactments and instruments applicable to the accounts ;

(b) proper accounting practices have been observed in the preparation of the accounts.

100 Auditor's right of access to documents

(1) An auditor shall have a right of access at all reasonable times to all such documents relating to the accounts of a local authority as it appears to him to be necessary to examine for the purpose of auditing those accounts under this Part of this Act and shall be entitled to require from any officer of that authority or any other person holding or accountable for any such document such information and explanation as he thinks necessary for the said purpose and, if he thinks it necessary for providing any such information or explanation, to require any such officer or other person to attend before him in person and produce any such documents.

(2) Without prejudice to subsection (1) above, every local authority shall provide an auditor with every facility and all information which he may reasonably require for the purpose of auditing their accounts.

(3) If any person wilfully or negligently fails to comply with any requirement of an auditor under subsection (1) above, he shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding £100 and to an additional fine not exceeding £20 for each day on which the offence continues after conviction thereof.

101 Right of interested person to inspect and object to accounts: completion of audit

(1) Any person interested may inspect a copy of the abstract of the accounts of a local authority prepared by the authority under section 96(3) of this Act and may take copies or extracts from it without charge.

(2) Any person interested may object to the accounts of a local authority or to any part of those accounts by—

(a) sending his objection in writing, together with a statement of the grounds thereof, to the auditor, and

(b) sending a copy of that objection and statement to the authority and to any officer of the authority who may be concerned.

(3) Where any person objects under subsection (2) above to the accounts of a local authority, the auditor shall, if so requested by that person or authority or by any officer of the authority who may be concerned, afford to that person or authority or officer, as the case may be, an opportunity of appearing before and being heard by the auditor with respect to that objection; and any such person or officer may so appear and be heard either personally or by a representative.

(4) Within fourteen days of the completion of the audit of the accounts of a local authority the auditor shall place on each duplicate abstract of those accounts prepared by the authority under section 96(3) of this Act a certificate, in such form as the Commission may direct, to the effect that he has audited the accounts in accordance with the provisions of this Part of this Act; and the auditor shall, on so certifying, forthwith send one duplicate abstract of the accounts to the Commission and the other duplicate abstract to the local authority.

102 Reports to Commission by Controller of Audit

(1) The Controller of Audit shall make to the Commission such reports as they may require with respect to the accounts of local authorities audited under this Part of this Act and shall send a copy of any report so made to any local authority which is named in that report.

(2) Without prejudice to subsection (1) above, the Controller of Audit may make a report to the Commission on any matters arising out of or in connection with the accounts of a local authority in order that those matters may be considered by the local authority concerned or brought to the attention of the public, and shall send a copy of any report so made to any local authority which is named in that report.

(3) Without prejudice to subsection (1) above, if the Controller of Audit, having considered the audit under this Part of this Act of the accounts of any local authority and having made such further inquiries (if any) as he may think fit—

(a) is of the opinion—

(i) that any item of account is contrary to law, or

(ii) that there has been a failure on the part of any person to bring into account any sum which ought to have been brought into account, or

(iii) that any loss has been incurred or deficiency caused by the negligence or misconduct of any person or by the failure of the authority to carry out any duty imposed on them by any enactment; or

(b) is of the opinion that any sum which ought to have been credited or debited to one account of the authority has been credited or, as the case may be, debited to another account of the authority; and

(c) is not satisfied that the authority has taken or is taking such steps as may be necessary to remedy the matter;

he shall make to the Commission a special report with respect to the said accounts, setting forth his opinion as aforesaid and the grounds thereof.

(4) The Controller of Audit shall, on making a special report under subsection (3) above with respect to the accounts of any local authority, forthwith send a copy of that special report—

(a) to that authority;

(b) to any officer of the authority who may be concerned ;

(c) if the matter raised by the special report has been made the subject of objection under section 101 of this Act, to the person making that objection ;

(d) to any other person who in his opinion may be affected thereby.

103 Action by Commission on reports by Controller of Audit

(1) Subject to subsection (2) below, the Commission shall consider any report made to them by the Controller of Audit and may, if they think fit, hold a hearing into any matter raised by that report; and the Commission may thereafter make to the Secretary of State or to any local authority such recommendation as appears to the Commission to be appropriate in the light of the report.

(2) Where a special report is made to them under section 102(3) of this Act with respect to the accounts of any local authority, the Commission—

(a) shall consider that special report and any observations on it made in writing by the authority or by any person to whom a copy of it was sent under section 102(4) of this Act, being observations made within fourteen days of the date on which such copy was sent as aforesaid to the authority or, as the case may be, that person or such longer period as the Commission may in any particular case allow ;

(b) may if they think fit, and shall if so requested by the authority or by any person to whom a copy of the special report was sent as aforesaid, hold a hearing into any matter raised by the special report; and

(c) may if they think fit, and shall if so directed by the Court of Session, state a case on any question of law arising on the special report for the opinion of the Court of Session.

(3) Subject to subsection (4) below, if after consideration of the matters referred to in subsection (2) above the Commission find that any item of expenditure is contrary to law, or that there has been a failure to bring into account any sum which ought to have been brought into account, or that any loss or deficiency has been incurred or caused as mentioned in section 102(3)(a) of this Act, or that a local authority have not taken steps to remedy such a matter as is referred to in section 102(3)(b) of this Act, the Commission shall send the special report together with their findings to the Secretary of State and may recommend him to make an order—

(a) requiring any person whom they find responsible for incurring or authorising that expenditure, or for that failure, or for that loss or deficiency, as the case may be, to pay to the local authority concerned an amount not exceeding the amount of the said expenditure, or of the said sum, or of the said loss or deficiency; or, as the case may be,

(b) directing the authority to make such rectification of their accounts as appears to the Commission to be necessary.

(4) The Commission shall not recommend that any officer or member of a local authority be ordered to pay any amount to the authority by reason only of his having signed a cheque or order in respect of any payment, if he satisfies the Commission—

(a) in the case of an officer of the authority, that before signing the cheque or order he advised the authority in writing that in his opinion the payment was contrary to law; or

(b) in the case of a member of the authority, that the payment was made in pursuance of an order of the authority or of an authorised committee thereof and that before he signed the cheque or order the authority had not been advised by any officer of the authority that in the opinion of that officer the payment was contrary to law.

(5) The Commission shall, on making a recommendation under subsection (3) above in relation to a special report made to them with respect to the accounts of any local authority, forthwith send a copy of that recommendation to the authority and to any person to whom a copy of the special report was sent under section 102(4) of this Act.

(6) At any hearing held by them under this section the Commission—

(a) shall afford an opportunity of appearing before and being heard by the Commission to the representative of any local authority which is likely to be affected by any recommendation of the Commission and to, or to the representative of, any other person who is likely to be so affected;

(b) may require the attendance of members or officers of any local authority to give oral evidence to the Commission.

(7) If any person wilfully or negligently fails to comply with any requirement of the Commission under paragraph (b) of subsection (6) above, he shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding £100.

104 Action by Secretary of State on recommendation by Commission under s. 103(3)

(1) Where recommendations are made to the Secretary of State under section 103(3) of this Act the Secretary of State may make an order giving effect to any recommendation, with or without modifications, or may decline to make such an order.

(2) The Secretary of State shall not make an order under subsection (1) above requiring a person to pay an amount to a local authority if the Secretary of State is satisfied that that person acted reasonably or in the belief that his action was authorised by law, and the Secretary of State shall, in deciding whether or not to make such an order as aforesaid and, if he decides to make it, what amount to specify therein, have regard to all the circumstances of the case, including such information as may be available to him as to the means of any person concerned and his ability to pay any amount to the local authority.

(3) Where by virtue of an order made under subsection (1) above two or more persons are required to pay an amount to a local authority, those persons shall, if the order so specifies, be liable jointly and severally to pay that amount to the authority.

(4) The Secretary of State shall, on making an order under subsection (1) above requiring a person to pay an amount to a local authority, forthwith cause a copy of that order to be sent—

(a) to that person ;

(b) to the Commission ; and

(c) to that authority.

(5) Any amount which, by virtue of an order made under subsection (1) above, is due to be paid by any person to a local authority shall be paid by that person to the authority within fourteen days of the date on which a copy of that order was sent to him under subsection (4) above; and, if that amount is not so paid, it shall be the duty of the Commission to recover the amount on behalf of the authority and if need be to institute proceedings for that purpose; and the authority shall reimburse the Commission for any expenses incurred by the Commission so far as not recovered from the person liable to pay the amount.

(6) A local authority shall give effect to any direction given to them in an order under subsection (1) above.

105 Regulations as to accounts

(1) The Secretary of State may by regulations under this section make such provision as appears to him to be necessary or expedient for the purpose of rendering sections 96 to 104 of this Act of full effect and, without prejudice to the foregoing generality, such regulations may contain provisions with respect to the following matters, that is to say—

(a) the form, preparation, keeping and authentication of the accounts of local authorities and of any abstract of such accounts;

(b) the date in each year before which such accounts and abstract are to be authenticated on behalf of a local authority;

(c) the deposit by a local authority, within such period as may be specified in the regulations, of copies of such abstract at the offices of the authority or at any other place, and the publication by the authority of information with respect to such accounts;

(d) the exercise, within such period as may be specified in the regulations, of the rights of inspection and objection conferred by section 101 of this Act in relation to any such abstract and accounts, and the steps to be taken by a local authority for informing persons of those rights;

(e) the giving of public notice by a local authority of any order made in relation to them by the Secretary of State under section 104(1) of this Act.

(2) Before making regulations under this section, the Secretary of State shall consult with such associations of local authorities as appear to him to be concerned.

(3) If any person wilfully or negligently contravenes any provision of any regulations made under this section, contravention of which is declared by the regulations to be an offence, he shall be guilty of an offence and shall be liable on summary conviction, in the case of a first offence, to a fine not exceeding £20, and, in the case of a second or subsequent offence, to a fine not exceeding £50.

(4) A statutory instrument containing regulations made by the Secretary of State under this section shall be subject to annulment in pursuance of a resolution of either House of Parliament.

106 Application of ss. 93 to 105 to bodies other than local authorities and to officers

(1) The foregoing provisions of this Part of this Act and any regulations made by the Secretary of State under section 105 of this Act shall, subject to any necessary modifications, apply with respect to the following bodies, that is to say—

(a) any committee, joint committee or joint board all the members of which, other than any ex officio members, are appointed by one or more local authorities ;

(b) the trustees for any charity, foundation, mortification, or other purpose, where a local authority, or some members of such an authority as such, are the sole trustees for such charity, foundation, mortification or other purpose;

(c) any water development board within the meaning of the [1967 c. 78.] Water (Scotland) Act 1967 ;

as they apply with respect to a local authority; and any provision contained in any enactment with respect to such a committee, joint committee or joint board, or in any trust deed or other instrument regulating any such charity, foundation, mortification or other purpose as aforesaid, shall, so far as inconsistent herewith, cease to have effect:

Provided that this subsection shall not have effect in relation to a water development board within the meaning of the said Act of 1967 until 16th May 1975.

(2) Where an officer of a body whose accounts are required to be audited in accordance with this Part of this Act receives any money or other property on behalf of that body, or receives any money or other property for which he ought to account to that body, the accounts of that officer shall be audited by the auditor of the accounts of the body, and sections 96 to 105 of this Act and any regulations made by the Secretary of State under section 105 of this Act shall, subject to any necessary modifications, apply accordingly to those accounts and that audit.

Rating

107 Expenses of local authorities under public general Acts to be met out of rates

The expenses of a local authority in discharging functions under any public general Act, so far as not met otherwise, or so far as not otherwise provided in any such Act, shall be met out of rates levied under this Part of this Act.

108 Determination and levy of regional, district and general rates

(1) Every local authority shall, in respect of the financial year beginning with 16th May 1975 and of each subsequent financial year, determine before such date as may be prescribed a rate to be known—

(a) in the case of a regional council, as the regional rate;

(b) in the case of an islands council, as the general rate; and

(c) in the case of a district council, as the district rate;

and each such rate shall be levied in respect of that financial year in accordance with the following provisions of this Part of this Act.

(2) It shall be the duty of every local authority to determine such regional, general or district rate, as the case may be, as will provide sufficient moneys to meet such part of the total estimated expenses to be incurred by the authority during the financial year in respect of which the rate is to be levied (after taking account of any balance or estimated balance at the end of the financial year immediately preceding that year) as falls to be met out of moneys raised by rates, together with such additional amount as is, in the opinion of the authority, required—

(a) to cover expenses previously incurred,

(b) to meet contingencies,

(c) to meet any expenses which may fall to be met before the moneys to be received in respect of the regional, general or district rate, as the case may be, for the financial year next following the first-mentioned year will become available.

109 Rating authorities

(1) The local authority for the purpose of levying such rates as are mentioned in section 108 of this Act shall be—

(a) in the case of the regional rate and the district rate, the regional council; and

(b) in the case of the general rate, the islands council;

and in this Act, and in any other enactment (whether passed or made before or after the passing of this Act), the expression " rating authority " shall be construed in accordance with the provisions of this subsection.

(2) In respect of each financial year every district council shall, before such date as may be prescribed, intimate to the regional council within whose region their district falls the district rate determined by them in respect of that year, together with such further information with respect to that rate as may reasonably be required for the preparation of demand notes for the purposes of levying the rate.

110 Payments by regional council to district councils in respect of district rates

(1) Subject to the provisions of this section, a regional council shall be liable to pay to the council of each district which falls within their region, in respect of the district rate for any financial year, the amount produced by the district rate determined by that district council in respect of that year, and the regional council shall make payments, in accordance with regulations made by the Secretary of State under section 111 of this Act, to the district council on account of the district rate.

(2) The amount due by a regional council to a district council in respect of the district rate for any financial year shall be ascertained in the prescribed manner after the end of that year, and—

(a) if that amount exceeds the aggregate amount of the payments made on account of that rate under subsection (1) above, the balance shall be paid by the regional council to the district council;

(b) if that amount is less than the aggregate amount of the said payments, the balance shall be set off against the payments on account of the district rate in respect of the financial year next following the said year.

(3) The cost of, and any losses on, the collection of all rates levied by a regional council, and the cost of any rebates, discounts, reductions or remissions given by that council, shall be treated as deductions in estimating and ascertaining the amounts produced by each of the rates levied by the council in such manner and to such extent as may be prescribed.

111 Secretary of State may make regulations with respect to rates

(1) The Secretary of State may, after consultation with such associations of local authorities as appear to him to be concerned, make regulations—

(a) prescribing any matter which is required or authorised to be prescribed by any provision contained in sections 107 to 110 of this Act or in this section;

(b) making such provision with respect to any other matter as appears to him to be necessary or expedient for the purpose of rendering the said sections 107 to 110 of full effect;

(c) making provision for any matter with respect to which he is empowered or obliged by this Act, or by any other enactment, to make provision in regulations under this section;

(d) providing for the payment of interest, at such rate as may be prescribed, by a regional council to a district council in a case where any amount due in respect of the district rate is not paid on or before such date as may be prescribed;

(e) providing for the payment of interest, at such rate as may be prescribed, by a local authority to another local authority, to a committee, joint committee or joint board all the members of which, other than any ex officio members, are appointed by one or more local authorities, or to a water development board within the meaning of the [1967 c. 78.] Water (Scotland) Act 1967, in a case where any amount due in respect of a requisition made under any enactment is not paid on or before such date as may be prescribed.

(2) A statutory instrument containing regulations made by the Secretary of State under this section shall be subject to annulment in pursuance of a resolution of either House of Parliament.

Rate rebates

112 Duty of Secretary of State to make standard scheme for rate rebates

(1) Subject to the provisions of this section, the Secretary of State shall, with the consent of the Treasury, prescribe by regulations a scheme (hereafter in this Part of this Act referred to as " the standard scheme ") for the grant by rating authorities to persons to whom this section applies of rebates from rates calculated in accordance with the provisions of the standard scheme by reference to the needs and the resources of such persons.

(2) Regulations under subsection (1) above shall be so made as to secure that the standard scheme shall have effect in respect of rebate periods beginning on or after 16th May 1974.

(3) In preparing the standard scheme the Secretary of State shall have regard to the provisions of the schemes for the time being in force under sections 15 and 16 of the [1972 c. 46.] Housing (Financial Provisions) (Scotland) Act 1972 (rent rebates and rent allowances) and, without prejudice to the generality of the power conferred by subsection (1) above, the standard scheme may contain provisions corresponding, so far as the Secretary of State considers appropriate, to provisions of Part I of Schedule 2, or of Part I of Schedule 3, to the said Act of 1972 (model schemes of rent rebates and rent allowances).

(4) No person shall be entitled in respect of a rebate period beginning on or after 16th May 1974 to a rebate under section 5 of the [1966 c. 9.] Rating Act 1966 (rate rebates) but, where any person is entitled to a rebate under that section in respect of any period beginning before that date, then, notwithstanding the repeal of sections 5 to 8 of the said Act of 1966 by this Act, a rating authority may grant that rebate under those sections on or after that date.

(5) A statutory instrument containing regulations under subsection (1) above shall be subject to annulment in pursuance of a resolution of either House of Parliament.

(6) In this section and in sections 113 to 115 of this Act—

• " application " means an application for a rate rebate under the standard scheme or, in the case of a rating authority which has varied the standard scheme under section 114 of this Act, under the standard scheme as so varied;

• " prescribed " means prescribed by the standard scheme or, in the case of a rating authority which has varied the standard scheme as aforesaid, by the standard scheme as so varied;

• " rate " does not include a domestic water rate within the meaning of the [1949 c. 31.] Water (Scotland) Act 1949;

• " rating authority " means, in relation to a rebate period beginning before 16th May 1975, a rating authority within the meaning of section 209 of the 1947 Act;

• " rebate period " means a period in respect of which a rate rebate may be granted under this Part of this Act, being such period as may be prescribed, and different periods may be prescribed in relation to different classes of person.

113 Persons to whom s. 112 applies

(1) Subject to subsection (2) below and to section 16(2) of the [1966 c. 20.] Ministry of Social Security Act 1966 (rate rebate to which persons in receipt of supplementary benefit might otherwise be entitled to be reduced if their requirements were determined without regard to any rate rebate), section 112 of this Act shall apply to any of the following persons who makes an application in such form as the rating authority may require, that is to say—

(a) a person who is the occupier of, and resides or is usually resident in, lands and heritages which are a dwelling-house and which at the relevant date have a rateable value which does not exceed any limit prescribed;

(b) a person who is the occupier of, and resides or is usually resident in, lands and heritages which at the relevant date have a rateable value which does not exceed any limit prescribed and which, though not a dwelling-house, are used mainly for the purposes of a private dwelling or private dwellings ;

(c) a person who, not being the occupier of such lands and heritages as are mentioned in paragraph (a) or paragraph (b) above, is the tenant of, and resides or is usually resident in, a part of any such lands and heritages, being a part which at the relevant date has a rateable value which does not exceed any limit prescribed, and in respect of which he makes payments to the occupier by way of rent.

For the purposes of this subsection " relevant date " means the date of the beginning of the rebate period in respect of which an application is made.

(2) Regulations under section 112 above may make provision as respects rate rebates where two or more persons are joint occupiers of such lands and heritages as are mentioned in paragraph (a) or paragraph (b) of subsection (1) above, or joint tenants of such a part thereof as is mentioned in paragraph (c) of that subsection.

(3) For the purposes of paragraph (b) of subsection (1) above lands and heritages which are not a dwelling-house shall be deemed to be used mainly for the purposes of a private dwelling or private dwellings—

(a) if it appears to the rating authority that, having regard to all the circumstances at the date of the making of an application, the proportion of the rateable value of the lands and heritages as shown in the valuation roll in force at that date which is attributable to the part of the lands and heritages used for the purposes of a private dwelling or private dwellings is greater than the proportion thereof which is attributable to the part used for other purposes; or

(b) if at the said date a rate rebate in respect of the rebate period in question has already been granted to some other person in respect of those lands and heritages or any part thereof.

(4) For the purposes of paragraph (c) of subsection (1) above, the rateable value of any part of lands and heritages shall be taken to be such value as is found by proper apportionment of the rateable value shown in the valuation roll in respect of those lands and heritages, and any question arising under this subsection as to the proper apportionment of any rateable value shall be determined by the sheriff and the decision of the sheriff on any such question shall be final.

(5) Where in pursuance of section 244 of the 1947 Act (remission of rates on account of poverty) a rating authority is for the time being giving to any person to whom section 112 of this Act applies any relief from the rates chargeable for any rebate period in respect of the lands and heritages or part of the lands and heritages to which an application relates, that authority shall grant a rebate in respect of those rates only if, and to the extent that, the amount of such rebate exceeds the aggregate amount given to that person by way of such relief in that rebate period.

114 Variation of standard scheme by rating authority

(1) Subject to the provisions of this section, a rating authority may, in respect of a rebate period beginning on or after 16th May 1975, with the consent of the Secretary of State, vary for their area the provisions of the standard scheme; and, where a rating authority have varied the standard scheme under this section, the standard scheme as so varied shall have effect, subject to subsection (6) below, for the purpose of the grant of rate rebates under this Part of this Act by that authority.

(2) Any variation of the standard scheme by a rating authority under subsection (1) above shall be so made as to secure that, on the best estimate which the rating authority can make—

(a) no person shall be granted less rate rebate in respect of any rebate period than he would have been granted under the standard scheme ; and

(b) the total of the rate rebates which will be granted under the standard scheme as so varied for any financial year will not exceed 110 per cent. of the total of the rate rebates which would have been granted for that year under the standard scheme.

(3) Without prejudice to the generality of the powers conferred by subsection (1) above, a variation under that subsection of the standard scheme may provide that, in ascertaining for the purposes of a rate rebate the income of a person to whom section 112 of this Act applies and his spouse (if any), there is a total disregard of war disablement pension and special widow's pension and of payments accepted by the Secretary of State as being analogous to such pensions.

(4) The Secretary of State may accept a payment as being analogous to such a pension as is mentioned in subsection (3) above—

(a) by directing rating authorities in general to regard payments of that description as analogous for the purposes of that subsection, or

(b) by notifying a rating authority that he accepts such a payment as analogous for those purposes.

(5) The Secretary of State's consent under subsection (1) above may be given generally or in a particular case and shall be subject to such conditions (if any) as may be specified in the consent.

(6) Where a rating authority has varied the provisions of the standard scheme under subsection (1) above and any person shows to the satisfaction of that authority that the standard scheme as so varied does not in his case fulfil the condition mentioned in paragraph (a) of subsection (2) above, that person may apply for a rate rebate under the standard scheme, and in relation to that application the standard scheme shall have effect in place of the standard scheme as so varied, and the authority may grant a rate rebate under the standard scheme to that person.

(7) In this section—

• " war disablement pension " means war disablement pension within the meaning of any regulations for the time being in force under the [1970 c. 55.] Family Income Supplements Act 1970;

• " special widow's pension " means—

  (a)

  any widow's pension or allowance granted in respect of a death due to service or war injury under powers conferred by or under the [1916 c. 65.] Ministry of Pensions Act 1916, the [1917 c. 51.] Air Force (Constitution) Act 1917, the [1939 c. 82.] Personal Injuries (Emergency Provisions) Act 1939, the [1939 c. 83.] Pensions (Navy, Army, Air Force and Mercantile Marine) Act 1939, the [1947 c. 19.] Polish Resettlement Act 1947, the [1951 c. 8.] Home Guard Act 1951 or the [1969 c. 65.] Ulster Defence Regiment Act 1969;

  (b)

  a pension or allowance for a widow granted under any scheme under the Injuries in [1914 c. 30.] War (Compensation) Act 1914, the [1914 c. 18.] Injuries in War Compensation Act 1914 (Session 2), or the [1915 c. 24.] Injuries in War (Compensation) Act 1915 or under any War Risk Compensation Scheme for the Mercantile Marine.

115 Grants towards rate rebates

(1) The Secretary of State shall pay to any rating authority granting rate rebates in respect of any rebate period beginning on or after 16th May 1974 under the standard scheme or under the standard scheme as varied under section 114 of this Act a grant equal to nine tenths of the aggregate net standard amount of rate rebates for the financial year in which that rebate period, or part thereof, falls.

(2) In subsection (1) above the reference to the aggregate net standard amount of rate rebates for a financial year shall be construed, in relation to any rating authority—

(a) except in such a case as is mentioned in paragraph (b) below, as a reference to the aggregate net amount granted by that authority by way of rate rebates for that year;

(b) in a case where that authority have varied the standard scheme under section 114 of this Act, as a reference to the aggregate net amount which would have been granted by that authority by way of rate rebates for that year if they had not so varied the standard scheme ;

calculated or estimated by following such methods and principles as the Secretary of State may direct, either generally or in any particular case.

(3) Any grant payable under this section to a rating authority shall be paid at such times as the Secretary of State may with the consent of the Treasury determine.

Valuation

116 Valuation areas and authorities and appointment of assessors, etc.

(1) Each region and each islands area shall be a valuation area, and the council of each region and the council of each islands area shall be the valuation authority for that region or, as the case may be, that area; and on and after 16th May 1975 the valuation authorities constituted under this section shall have and exercise in relation to valuation the powers conferred by the Valuation Acts on the councils of burghs, being counties of cities, and counties.

(2) Every valuation authority shall appoint, in accordance with the provisions of section 1 of the [1956 c. 60.] Valuation and Rating (Scotland) Act 1956, an assessor and such number of depute assessors as the authority may consider necessary for the purposes of the Valuation Acts; and any assessor or depute assessor appointed under the said Acts or under the 1947 Act and holding office immediately before 16th May 1975 (other than an assessor or depute assessor appointed under this section) shall cease to hold office on that date.

(3) A depute assessor appointed under this section shall have and may exercise all the functions of an assessor so appointed.

(4) An assessor or depute assessor appointed under this section shall hold office on such reasonable terms and conditions, including conditions as to remuneration, as the authority appointing him think fit.

(5) It shall be lawful for the Secretary of State, if it appears to him that to do so would be of public or local advantage, to make an order combining the council of the Highland Region and the councils of the three islands areas, or any two or more of those councils, for such of their functions under the Valuation Acts as may be specified in that order; and an order under this subsection may include such incidental, consequential and supplemental provisions as appear to the Secretary of State to be necessary or expedient for bringing the order into operation and giving full effect thereto.

(6) The assessor of a region in making up the valuation roll of the region shall distinguish in the roll lands and heritages situated within the boundaries of each district of that region.

(7) A statutory instrument containing an order made by the Secretary of State under subsection (5) above shall be subject to annulment in pursuance of a resolution of either House of Parliament.

(8) In this section the expression " the Valuation Acts " means the [1854 c. 91.] Lands Valuation (Scotland) Act 1854 and the Acts amending that Act, and includes this Act.

117 Postponement of revaluation until 1978-79

The revaluation of lands and heritages which, by virtue of sections 9(1) and 10(1) of the [1956 c. 60.] Valuation and Rating (Scotland) Act 1956, falls to be carried out in the year 1976-77 shall be postponed until the year 1978-79, and accordingly—

(a) in paragraph (a) of the said section 9(1), for the words " 1961-62" there shall be substituted the words " 1978-79 ";

(b) in paragraph (a) of the said section 10(1), for the words " 1961-62" there shall be substituted the words " 1978-79 ", and in paragraph (b) of that subsection, for the words " in respect of each of the four years following the year 1961-62 " there shall be substituted the words " in respect of each year after the year 1971-72 and before the year 1978-79, and in respect of each of the four years following the year 1978-79 ".

Miscellaneous

118 Local financial returns

(1) Subject to subsection (3) below, every authority to which this section applies shall make a return to the Secretary of State in respect of each financial year—

(a) of their revenue and expenses;

(b) in the case of a rating authority, of the revenue received from each rate levied in their area and, where the rating authority is a regional council, of the amount paid to any district council in respect of the district rate and to any other local authority in respect of a requisition made under any enactment.

(2) Returns under this section shall be in such form, shall contain such particulars, shall be authenticated in such manner, and shall be submitted to the Secretary of State by such date, as the Secretary of State may direct, and a direction under this subsection may impose different requirements in relation to returns of different classes.

(3) If it appears to the Secretary of State that sufficient information about any of the matters mentioned in subsection (1) above has been supplied to him by an authority under any other enactment, he may exempt that authority from all or any of the requirements of this section so far as they relate to that matter.

(4) The Secretary of State shall, in respect of each year, cause a summary to be made of the returns sent to him under this section and of any information supplied to him under any other enactment in consequence of which he has granted an exemption under subsection (3) above and shall lay that summary before both Houses of Parliament.

(5) In this section references to an authority to which this section applies are references to a local authority, any committee, joint committee or joint board the members of which, other than ex officio members, are appointed by one or more local authorities or any water development board within the meaning of the [1967 c. 78.] Water (Scotland) Act 1967 or any river purification board within the meaning of section 135 of this Act.

119 Initial expenses of new local authorities

(1) As soon as may be after the first election of councillors for a new local authority, each existing rating authority whose area, or part of whose area, for rating purposes falls within the area of that new local authority shall, in accordance with the provisions of this section, cause the appropriate contribution to be paid into the general fund of the new local authority.

(2) In subsection (1) above " the appropriate contribution " means—

(a) in the case of a contribution to a regional council, three quarters,

(b) in the case of a contribution to an islands council, the whole,

(c) in the case of a contribution to a district council, one quarter,

of an amount calculated in accordance with subsection (3) below.

(3) The amount referred to in subsection (2) above shall be—

(a) in a case where the whole of the area for rating purposes of the existing rating authority falls within the area of the new local authority, an amount equal to the product of a rate of 1p in the pound, or the standard penny rate product, whichever is the higher, for the first-mentioned area for the year 1973-74;

(b) in a case where a part only of the area for rating purposes of the existing rating authority falls within the area of the new local authority, an amount which bears the same proportion to the amount calculated in accordance with paragraph (a) above as the rateable valuation of that part of the first-mentioned area for the year 1973-74 bears to the rateable valuation of the whole of that area for that year.

(4) A new local authority may before 16th May 1975 borrow for the purpose of meeting any expenses incurred by them before that date.

(5) With a view to providing sums which may be transferred by an order under section 215 of this Act to one or more new local authorities, any existing rating authority may include in any rate levied by them in respect of the year 1974-75 provision to meet contingencies or to meet any expenses which, if this Act had not been passed, would have fallen to be met by the existing authority on or after 16th May 1975 and before the moneys to be received in respect of the rate for the year 1975-76 would have become available.

(6) In this section—

• " product of a rate of 1p in the pound " and " standard penny rate product " have the same meanings respectively as they have in Part I of the [1963 c. 12.] Local Government (Financial Provisions) (Scotland) Act 1963 ;

• " rateable valuation " has the meaning assigned to it by section 43(1) of the [1956 c. 60.] Valuation and Rating (Scotland) Act 1956;

• " rating authority " means a rating authority within the meaning of section 209 of the 1947 Act;

• " year " has the same meaning as in the said Act of 1963.

120 Rate support grant

(1) Rate support grant orders under section 3 of the [1966 c. 51.] Local Government (Scotland) Act 1966 shall be made in advance for a period of one year, instead of for successive periods of two years, and accordingly—

(a) in section 3(3) of that Act, for the words from " successive periods " to the end of the subsection there shall be substituted the words " a period of one year ";

(b) a rate support grant order made before the passing of this Act shall, in so far as it was made in respect of the year 1974-75, cease to have effect.

(2) If in the exercise of the power conferred on him by section 4 of the said Act of 1966 the Secretary of State at any time after 15th May 1975 redetermines for the year 1974-75 the amount and portion mentioned in paragraphs (a) and (b) of section 2(2) of the said Act of 1966, he may by an order made under the said section 4, instead of increasing to any extent the amount fixed by the rate support grant order made in respect of that year as the aggregate amount of the rate support grants and any element of those grants for that year, increase to that extent the amount fixed by the rate support grant order made in respect of the year 1975-76 as the aggregate of the rate support grants and any element of those grants for the last-mentioned year.

(3) Expressions used in this section and in sections 2 to 4 of the said Act of 1966 have the same meanings in this section as in those sections.

121 Rates of interest in relation to certain sums due to local authorities

(1) The rate of interest fixed by subsection (2) below shall be substituted for the rate or, as the case may be, the maximum rate of interest determined by or under the following enactments (which relate among other things to the interest payable to local authorities on certain sums due to them), that is to say—

• section 56(3) of the [1946 c. 42.] Water (Scotland) Act 1946;

• section 10(2) of the [1949 c. 74.] Coast Protection Act 1949 ;

• sections 29(5) and 31(4) of the [1968 c. 31.] Housing (Financial Provisions) (Scotland) Act 1968;

• section 23(5) of the [1969 c. 10.] Mines and Quarries (Tips) Act 1969 ;

• section 25(3) of the [1969 c. 34.] Housing (Scotland) Act 1969.

(2) The said rate shall be one-quarter per cent above the relevant rate determined by the Treasury in relation to loans made for a period of fifteen years under section 3 of the [1968 c. 13.] National Loans Act 1968 (local loans by the Loan Commissioners); and in this subsection " the relevant rate " means the rate applying on whichever of the following dates, namely 16th May or 16th November or such other date as may be prescribed by regulations under section 111 of this Act, most closely precedes the date from which interest first becomes payable in relation to the sum in question, or, where more than one rate has been so determined, such one of those rates as the Treasury may from time to time direct either generally or with respect to any particular enactment.

(3) As soon as may be after giving a direction under subsection (2) above the Treasury shall cause it to be published in the Edinburgh Gazette.

122 Miscellaneous amendments of enactments relating to finance

Schedule 9 to this Act shall have effect for making amendments and modifications of enactments relating to local government finance which are not replaced by the foregoing provisions of this Part of this Act.

PART VIII Functions

Education

123 Education authorities

The education authority for the purposes of the Education (Scotland) Acts 1939 to 1973 shall be a regional or islands council.

124 Education committees

(1) Every education authority shall appoint a committee, which shall be known as the education committee, to which (subject to any arrangement under section 127 of this Act, as read with section 56 of this Act, for the discharge by the education committee of any function) all their functions as such authority shall stand referred.

In this subsection, " referred " means remitted to the committee for consideration and report to the authority but without power to the committee to discharge any function on behalf of the authority.

(2) Subject to the provisions of section 59 of this Act, an education authority shall appoint to their education committee persons who are not members of the authority, but at least half of the members appointed to the committee shall be members of the authority.

(3) The persons appointed under subsection (2) above who are not members of the education authority shall include—

(a) at least three persons interested in the promotion of religious education, and the persons appointed in terms of this paragraph shall include—

(i) one representative of the Church of Scotland, nominated in such manner as may be determined by the General Assembly of the Church ; and

(ii) in the case of the education authority for the area of a region, one representative of the Roman Catholic Church, nominated in such manner as may be determined by the Scottish Hierarchy of the Church;

(iii) one person, or, in the case of the education authority for an islands area, two persons, in the selection of whom the authority shall have regard (taking account of the representation of churches under sub-paragraphs (i) and (ii) above) to the comparative strength within their area of all the churches and denominational bodies having duly constituted charges or other regularly appointed places of worship there;

(b) at least two teachers employed in educational establishments under the management of the authority, nominated in such manner as may be determined by the authority.

(4) The number of members of an education committee and their term of office shall be fixed by the appointing authority.

(5) Every member of an education committee who at the time of his appointment was a member of the appointing authority shall, upon ceasing to be a member of that authority, also cease to be a member of the committee and of any sub-committee thereof; but for the purposes of this subsection a member of an education authority shall not be deemed to have ceased to be a member of the authority by reason of retirement if he has been re-elected a member thereof not later than the day of his retirement.

(6) Paragraphs 2, 8, 9 and 10 of Schedule 10 to this Act shall, subject to any necessary modifications, apply in relation to an education committee and to the standing reference of functions to that committee under subsection (1) above as they apply in relation to the discharge of functions by arrangements made in accordance with that Schedule.

125 School and college councils

(1) Every education authority shall appoint bodies to discharge, subject to any directions given by the authority, such of the functions of management and supervision of educational establishments or groups of educational establishments under the control of the authority (including functions relating to attendance thereat) as the authority shall determine.

(2) A body appointed under subsection (1) above shall be called—

(a) in the case of such a body having only a school or schools under their management, a school council;

(b) in any other case, a college council.

(3) An education authority, in appointing a school or college council under this section, shall secure that the membership thereof includes—

(a) in the case of any such council having any school under their management,

(i) due representation of the parents of the pupils attending such school or schools;

(ii) at least one person interested in the promotion of religious education;

(b) in the case of any such council having under their management any of the educational establishments mentioned in paragraph (a) or (c) of this subsection, on the nomination of the teachers and other educational staff employed in those establishments under the management of the said council, or, failing such nomination, by direct appointment, at least one such teacher or member of such other educational staff;

(c) in the case of any such council having under their management any educational establishment used wholly or partly for any form of further education other than that described in section 4(c) of the [1962 c. 47.] Education (Scotland) Act 1962 (social, cultural and recreative activities, etc.), due representation of persons concerned or engaged in crafts, industries, commerce or other employments in the locality;

(d) in the case of any such council having under their management any educational establishment used wholly or partly for any form of further education described in the said section 4(c), due representation of persons resident in the locality and otherwise qualified to represent local interests in the management of such establishment or establishments.

(4) Paragraphs 9 and 12 of Schedule 10 to this Act and section 62 of this Act shall, subject to any necessary modifications, apply in relation to school and college councils and, except where the context otherwise requires, references in sections 59 and 60 of this Act to a sub-committee shall include references to a school or college council.

(5) Any reference in any enactment, scheme or document to a sub-committee appointed under section 109 of the 1947 Act shall be construed as a reference to a council appointed under this section.

126 Disqualification for membership of education committees, etc.

Notwithstanding the provisions of section 59 of this Act (as read with section 127(2) of this Act)—

(a) a person shall not, by reason of his being a teacher employed in an educational establishment under the management of an education authority, be disqualified for being a member of the education committee of that authority, of any sub-committee of that committee or of any school or college council appointed by that authority, or for being a representative of that authority on a joint committee relating to their functions as an education authority;

(b) a person shall not, by reason of his being employed (otherwise than as specified in paragraph (a) above) by a local authority, be disqualified for being a member of any school or college council appointed by that authority, unless the duties of that person relate to any of the functions of that council:

Provided that nothing in this paragraph shall prevent a person mentioned in paragraph (b) of section 125(3) of this Act from being a member of a school or college council by virtue of the last mentioned paragraph.

127 Discharge of education authority functions

(1) In relation to the discharge by a local authority of their functions as an education authority, Schedule 10 to this Act shall have effect in place of subsections (1) to (5) of section 56 and section 57 of this Act, and references in the remaining provisions of section 56 to that section shall include references to that Schedule.

(2) Sections 58 and 68 of this Act shall apply in relation to a joint committee appointed under this section as they apply in relation to a joint committee appointed under Part V of this Act.

128 Educational endowments

(1) Where, immediately before 16th May 1975, any educational endowment is to any extent vested in the existing local authority for an area specified in the first column of Table A below, that endowment shall on that day to that extent be transferred to and vest for the same purposes in the appropriate new local authority for the area specified in relation thereto in the second column of that Table.

TABLE A

Existing area	New area
County	} Region or islands area
County of a city
Large burgh	} District or islands area
Small burgh.
District

(2) Where, immediately before 16th May 1975, any educational endowment is to any extent to be vested, by virtue of his office, in the holder of any office connected with an existing local authority specified in the first column of Table B below, that endowment shall on that day to that extent be transferred to and vest for the same purposes in the holder of the office, specified in relation thereto in the second column of that Table, of the appropriate new local authority as determined by reference to subsection (1) above.

TABLE B

Existing office-holder	New office-holder
Lord Provost	} Chairman of council.
Provost
Convener of county
Chairman of district council
Magistrate	} Councillor, or any other person nominated by the council.
Councillor
Chairman of or member of a committee
Any specified officer	The corresponding officer or (if there is no such officer) the proper officer.

(3) Where, immediately before 16th May 1975, any power with respect to an educational endowment is vested in an existing local authority, or (by virtue of his office) in the holder of an office connected with such an authority, that power shall on that day be transferred to and vest in the appropriate new local authority or (as the case may be) in the new office-holder of that authority, as ascertained by reference to subsections (1) and (2) above.

(4) Subject to the provisions of the governing instrument of an educational endowment, where, as the result of the election of a local authority occurring after 16th May 1975, it is necessary for a person to be nominated by the authority or by a committee thereof to be vested (to any extent) with the endowment, in terms of subsection (2) above, or to be vested with any power, in terms of subsection (3) above, that person shall be so nominated at the first meeting of the authority or committee held after it has been elected or appointed ; and in such a case the person who (to the said extent) was last vested with the endowment or, as the case may be, who was last vested with the power, before the meeting shall continue therein until the date of the meeting.

(5) In this section, unless the context otherwise requires, expressions used in Part VI of the [1962 c. 47.] Education (Scotland) Act 1962 have the same meaning as in that Part, and " the appropriate new local authority" means, in relation to an existing local authority, the new authority whose area comprises the whole or the greater part of the area of the existing authority: and if, in any case, there is a dispute as to such appropriate authority, or as to the person or persons corresponding to an existing officeholder or office-holders for the purposes of this section, it shall be taken to be such new local authority or, as the case may be, person or persons as the Secretary of State may direct.

(6) Nothing in this section shall affect any other power to reorganise any educational endowment or otherwise to alter the provisions of any trust.

129 Amendment of Education (Scotland) Act 1962

The [1962 c. 47.] Education (Scotland) Act 1962 shall have effect subject to the modifications and amendments set out in Schedule 11 to this Act.

Housing

130 Housing

(1) Subject to the provisions of this and the next following section, the local authority for the purposes of the Housing (Scotland) Acts 1966 to 1973 shall be an islands or a district council.

(2) Before the council of a district exercise outside the district any power under Part VII of the [1966 c. 49.] Housing (Scotland) Act 1966 (provision of housing accommodation), the council shall give notice of their intention to do so to the council of the region in which the district is situated and also, if they propose to exercise the power outside that region, to the council of the region in which they propose to exercise the power, but failure to give any such notice shall not invalidate the exercise of the power.

(3) The enactments relating to housing specified in Schedule 12 to this Act shall be amended in accordance with the provisions of that Schedule.

131 Powers of regional council in relation to housing

(1) A regional council may enter into an agreement with a district council whether within or outwith their region whereby, in consideration of the provision of housing accommodation by the district council, the regional council shall make such payment to the district council as shall be specified in the agreement; but any agreement under this subsection shall be subject to the approval of the Secretary of State.

(2) A regional council as well as an islands or district council may, with the consent of the Secretary of State, promote the formation or extension of or assist a housing association whose objects include the erection, improvement or management of housing accommodation.

(3) A regional council as well as an islands or district council may, with the approval of the Secretary of State, make arrangements with a housing association for the purpose of enabling the association to provide any housing accommodation which the islands or district council in whose area the accommodation is to be provided are empowered under Part VII of the [1966 c. 49.] Housing (Scotland) Act 1966 to provide.

132 Functions under the Rent Acts

(1) The local authority for the purposes of the Rent (Scotland) Acts 1971 and 1972 shall be an islands council or district council.

(2) The [1971 c. 28.] Rent (Scotland) Act 1971 shall have effect subject to the amendments set out in Schedule 13 to this Act.

The environment

133 Roads

(1) The local highway authority for the purposes of this Act and any other enactment (whether passed or made before or after the passing of this Act) shall be a regional or islands council; and the enactments set out in Schedule 14 to this Act shall have effect subject to the amendments specified in that Schedule.

(2) The powers and duties vested in the council of each county in relation to roads by virtue of section 11 of the [1889 c. 50.] Local Government (Scotland) Act 1889 shall be transferred to and vested in the local highway authority.

134 Buildings

(1) The jurisdiction and functions of buildings authorities and functions of masters of works conferred on them by the Building (Scotland) Acts 1959 and 1970 shall be transferred to the councils of islands areas and districts, except that in the case of districts situated within the Highland, Borders and Dumfries and Galloway regions they shall be transferred to the councils of those regions.

(2) The [1959 c. 24.] Building (Scotland) Act 1959 shall have effect subject to the amendments specified in Part I of Schedule 15 to this Act, and Part II shall have effect for making amendments to other enactments relating to building.

135 Prevention of river pollution

(1) River purification boards established under Part II of the [1951 c. 66.] Rivers (Prevention of Pollution) (Scotland) Act 1951 are hereby dissolved and sections 2 to 5 of the said Act shall cease to have effect.

(2) On and after 16th May 1975 the functions of river purification authorities under the Rivers (Prevention of Pollution) (Scotland) Acts 1951 and 1965 shall be exercised by river purification boards established under the following provisions of this section and by islands councils.

(3) The Secretary of State shall, by order, divide Scotland, other than islands areas, into areas (to be known as "river purification board areas") and the said areas shall include such tidal waters, being waters to which the Rivers (Prevention of Pollution) (Scotland) Acts 1951 and 1965 apply, as the Secretary of State may determine.

(4) An order made under subsection (3) above shall define each river purification board area either by reference to a map or to the line of any watershed or to the boundary of any local government area existing immediately before the making of the order, or partly by one method and partly by another.

(5) For each river purification board area the Secretary of State shall by order establish the river purification board and the said order shall provide—

(a) that the river purification board shall consist of such number of members as may be specified in the order not being more than three times the number of districts wholly or partly within the river purification board area,

(b) that one third of the members of the river purification board shall be appointed from among their own members by such of the regional councils wholly or partly within the area of the river purification board and in such proportions, as may be so specified; that one third of the members of the river purification board shall be appointed from among their own members by such of the district councils wholly or partly within the area of the river purification board and in such proportions as may be so specified ; and that one third of die members of the river purification board shall be appointed by the Secretary of State, after consultation with such bodies as he thinks fit, to represent the interests of persons concerned with the carrying on of agriculture, fisheries or industry in the river purification board area or any other interests which, in the opinion of the Secretary of State, should be represented on the board,

(c) that the river purification board shall be a body corporate with such name as may be specified in the order, and that the board shall have a common seal and may hold land and may sue and be sued in the name so specified.

(6) An order made under subsection (5) above may make provision with regard to the following matters—

(a) the arrangements for the calling of the first meeting of the river purification board;

(b) the preparation of a scheme with respect to the administrative arrangements for the discharge of the functions of the river purification board;

(c) the tenure of office of members of the river purification board and the filling of casual vacancies among such members;

(d) the mode of defraying the expenses of the board and in particular the proportions of those expenses which are to be borne severally by regional councils and for issue of requisitions to the said councils for the payment of the amounts apportioned to these councils ;

(e) the transfer to the river purification board of rights or liabilities (other than those in or relating to property) or of the services of any officer or servant of any existing river purification authority, the functions of which, on and after 16th May 1975, shall be exercised by the river purification board in terms of subsection (2) of this section;

(f) the application to the board, subject to any necessary modifications, of any of the provisions of this Act;

(g) any other matter incidental to or consequential on the establishment of the river purification board or any provision contained in the order.

(7) Before making an order under subsection (3) or (5) above the Secretary of State shall consult all local authorities (including in the case of an order made before 16th May 1975, councils of counties and large burghs) and river purification boards whose areas are wholly or partly within the area affected by the order, and the provisions of Schedule 3 to the [1967 c. 78.] Water (Scotland) Act 1967 shall apply to the making of such an order as they apply to the making of an order under section 5 of that Act with the substitution of a reference to this subsection for the reference to section 33(4) of that Act.

(8) Any reference in the Rivers (Prevention of Pollution) (Scotland) Acts 1951 and 1965 to the councils of counties or of large burghs and to their districts shall be read as references to regional, islands or district councils and to their areas.

(9) The provisions of section 216 of the 1947 Act (which relate to the issue of requisitions by joint committees and joint boards) shall, subject to any necessary modifications, apply to a requisition by a river purification board in terms of an order under this section as they apply to requisitions by a joint committee or joint board, and the provisions of section 106 of this Act shall, subject to any necessary modifications, apply with respect to a river purification board as they apply to a water development board within the meaning of the Water (Scotland) Act 1967.

(10) The Rivers (Prevention of Pollution) (Scotland) Acts 1951 and 1965 shall have effect subject to the amendments specified in Schedule 16 to this Act.

136 Deposit of poisonous waste

(1) The local authority for the purposes of the [1972 c. 21.] Deposit of Poisonous Waste Act 1972 shall be an islands council or a district council; and accordingly in section 5(1)(b) of that Act for the words " county councils and town " there shall be substituted the words " islands councils and district ".

(2) In sections 3(5), 4(3) and 5(3) of that Act for any reference to a river purification board there shall be substituted a reference to a river purification authority.

(3) In section 7 of that Act after the definition of "refuse tip " there shall be inserted the following definition " river purification authority " has the same meaning as in section 17 of the [1951 c. 66.] Rivers (Prevention of Pollution) (Scotland) Act 1951, but shall not include an islands council."

137 Flood prevention and food warning systems

(1) All functions of town and county councils under the [1961 c. 41.] Flood Prevention (Scotland) Act 1961 are hereby transferred to regional and islands councils, and accordingly for section 1(2) of that Act there shall be substituted the following subsection—

“(2) This section applies to all regional and islands councils, and in this Act any reference to a local authority is a reference to a council to whom this section applies.”

(2) All functions of town and county councils under Part VI of the [1970 c. 40.] Agriculture Act 1970 (flood warning systems) are hereby transferred to regional and islands councils.

138 Coast protection

(1) The coast protection authority for the purposes of the [1949 c. 74.] Coast Protection Act 1949 shall be the council of a region any part of which adjoins the sea, or an islands council.

(2) In the said Act of 1949 the following amendments shall be made—

(a) for section 1(1) (coast protection authorities), there shall be substituted the following subsection—

“(1) The council of a region any part of which adjoins the sea or of an islands area shall be the coast protection authority for that region or area, as the case may be.”;

(b) in section 20(5) (contributions towards expenses of coast protection) for the word " burgh " there shall be substituted the word " district ";

(c) in section 22 (power to use for incidental purposes land acquired for coast protection)—

(i) in subsection (2), for the words " burgh or county" there shall be substituted the words " region or islands area ".

(ii) in subsection (3), for the reference to the [1947 c. 43.] Local Government (Scotland) Act 1947 there shall be substituted a reference to the Local Government (Scotland) Act 1973 ;

(d) in section 30 (transfer and compensation of officers, and superannuation rights), at the end there shall be added the following subsection—

“(4) This section shall not apply to Scotland.”;

(e) in section 45(1)(b) (service of notices and other documents), for the words " or burgh " there shall be substituted the words " or in Scotland the council of a region, islands area or district ";

(f) in section 46(4) (local inquiries), for the words from " subsection (2) " to " 1947 " there shall be substituted the words " subsection (2) and subsections (4) to (8) of section 210 of the Local Government (Scotland) Act 1973 ";

(g) in Schedule 1 (procedure for making orders), for paragraph 8(b) there shall be substituted the following sub-paragraph—

“(b) for references to the London Gazette and to a county or county district there shall be substituted respectively references to the Edinburgh Gazette and to a region, islands area or district”.

139 Public parks

The functions of local authorities under the [1878 c. 8.] Public Parks (Scotland) Act 1878 shall be exercised by regional, islands or district councils.

140 Allotments

The functions of local authorities under the Allotments (Scotland) Acts 1892 to 1950 shall be exercised by islands and district councils.

141 Public conveniences

The local authority for the purposes of section 5 of the [1970 c. 44.] Chronically Sick and Disabled Persons Act 1970 (public conveniences) shall be a local authority within the meaning of this Act, and accordingly in subsection (3) of that section, for the word " 1947 " there shall be substituted the word " 1973 ".

142 Public health

(1) For the purposes of the enactments to which this section applies, the local authority and sanitary authority shall be an islands or district council.

(2) This section applies to the following enactments—

(a) The [1897 c. 38.] Public Health (Scotland) Act 1897 ;

(b) The [1906 c. 14.] Alkali, Etc., Works Regulation Act 1906 ;

(c) The [1945 c. 15.] Public Health (Scotland) Act 1945 ;

(d) Part I of the [1949 c. 55.] Prevention of Damage by Pests Act 1949 ;

(e) The [1951 c. 63.] Rag, Flock and Other Filling Materials Act 1951;

(f) The [1956 c. 52.] Clean Air Acts 1956 and [1968 c. 62.] 1968 ;

(g) The [1960 c. 68.] Noise Abatement Act 1960 ;

(h) The [1968 c. 46.] Health Services and Public Health Act 1968, except section 65 thereof.

143 Sewerage

The functions of local authorities under the [1968 c. 47.] Sewerage (Scotland) Act 1968 shall be transferred to regional and islands councils.

144 Diseases of animals, and plant health

(1) The local authority for the purposes of the Diseases of Animals Act 1950 shall be a regional or islands council, and accordingly in section 59(3) of that Act (local authorities for the purposes of that Act), for paragraphs (a) and (b) there shall be substituted the words " a regional or islands council ".

(2) (a) In section 43 of that Act (facilities for sheep dipping), the words " with the sanction of the Minister " shall cease to have effect.

(b) Sections 60, 61(7), 64(2) and 68 of, and Schedule 4 to, that Act (committees and officers of local authorities etc.) shall cease to have effect.

(3) A competent authority under the [1967 c. 8.] Plant Health Act 1967 shall no longer have certain powers of direction, and accordingly, in section 5(2) of that Act (records of proceedings), the words from " in such manner " to " direct" shall be omitted, and, in section 6(3) of that Act (publication of orders), the words from " in such " (where first occurring) to " direction " shall cease to have effect.

145 Ordnance Survey

(1) The [1841 c. 30.] Ordnance Survey Act 1841 (in this section referred to as " the 1841 Act") shall have effect subject to the modifications set out in this section.

(2) An application under section 1 as read with section 17 of the 1841 Act shall be made to the proper officer of the regional, islands or district council, and where such an application is made, the function of appointing a person to assist in examining, ascertaining and marking out reputed boundaries shall be exercisable by the council to whose proper officer the application was made.

(3) The newspapers in which copies of an application under section 1 as read with section 17 of the 1841 Act are to be inserted shall be those circulating in the area of the council to whose proper officer the application was made.

(4) (a) References, in whatever terms in the 1841 Act, to the sheriff by whom a person is appointed under section 1 as read with section 17 of that Act shall be construed as references to the regional, islands or district council, as the case may be.

(b) References in the 1841 Act to the sheriff clerk or sheriff clerk depute shall be construed as references to the proper officer of the regional, islands or district council, as the case may be.

(5) References in the 1841 Act to a county shall be construed as references to a region, islands area or district, as the case may be, including the electoral areas thereof and other places therein.

Miscellaneous functions

146 Police

(1) The [1967 c. 77.] Police (Scotland) Act 1967 shall be amended in accordance with subsections (2) to (9) below.

(2) For section 1(1) of that Act (police areas) there shall be substituted the following subsection—

“(1) Subject to the provisions of any amalgamation scheme, a police force shall be maintained for every region and for every islands area, and the provisions of this Act shall have effect in relation to any police force so maintained and to the constables thereof.”

(3) In section 2(1) (police authorities), for the words from the beginning to " police authority " there shall be substituted the words " For every police area which is a region, the regional council, and for every police area which is an islands area the islands council, shall be the police authority ".

(4) Section 4(3) of that Act (same person may be chief constable of more than one police force) shall cease to have effect on 16th May 1975.

(5) Section 18 of that Act (jurisdiction of constables as respects execution of warrants in border counties of England and Scotland) shall be amended as follows—

(a) in subsection (1) for the words from " Scotland " to " Dumfries " there shall be substituted the words " any one of the border regions of Scotland, that is to say, the counties of Northumberland or Cumbria, or the regions of the Borders or Dumfries and Galloway ", and after the word " counties " or " county " wherever it occurs there shall be inserted respectively the words " or regions " or " or region " ;

(b) in subsection (2) for paragraph (b) there shall be substituted the following paragraph—

“(b) references to the region of the Borders or Dumfries and Galloway shall be construed as including references to a combined area within the meaning of this Act comprising either of those regions.”

(6) In sections 20(5) (power of Secretary of State to make amalgamation schemes) and 29(3) (local inquiries) of that Act, for the reference to subsections (3) to (9) of section 355 of the Local Government (Scotland) Act 1947 there shall be substituted a reference to subsections (3) to (8) of section 210 of the Local Government (Scotland) Act 1973.

(7) After section 21 of that Act there shall be inserted the following section—

“21A Alteration of local government areas.

(1) Subject to subsection (2) below, an amalgamation scheme may be approved or made under this Act with respect to two or more police areas—

(a) to be established by the Local Government (Scotland) Act 1973,

(b) which are proposed to be altered by an order under section 17 of the Local Government (Scotland) Act 1973,

and subject to subsection (3) below, may be so approved or made before the relevant date.

(2) The Secretary of State shall make an amalgamation scheme under this Act before the relevant date for the police areas comprised in each of the combined areas set out in the following table—

Table

Combined area	Police areas comprised
South-eastern	Borders and Lothian
Northern	Highland and the Islands Areas.

(3) A scheme under this section shall not come into force before the relevant date except so far as it relates to the constitution of the joint police committee and to the performance by that committee of functions necessary for bringing the scheme into full operation on that date.

(4) In relation to an amalgamation scheme to be approved or made by virtue of this section, sections 19, 20 and 21 of this Act shall apply subject to any necessary modifications except that subsections (2) to (5) of the said section 20 shall not apply where the scheme is made by the Secretary of State before 16th May 1975 by virtue of subsection (2) above.

(5) In this section " the relevant date " means, in relation to an amalgamation scheme approved or made as mentioned in paragraph (a) of subsection (1) or in subsection (2) above, 16th May 1975, and, in relation to an amalgamation scheme approved or made as mentioned in paragraph (b) of subsection (1) above, the date on which the order mentioned in that paragraph comes into force.'”

(8) For section 23 of that Act there shall be substituted the following section—

“23 Chief constables affected by amalgamations or local government reorganisations.

(1) If the chief constable of a police force Which ceases to exist in consequence of an amalgamation scheme, or an order under section 216 of the Local Government (Scotland) Act 1973, is not appointed as from the date when that police force ceases to exist—

(a) chief constable of the new force, or

(b) constable of any rank in any other police force which exists on that date,

he shall on that date become a constable of the new force (or, if there is more than one new force established by the amalgamation scheme or order, of such one of them as may be provided by the scheme or order) by virtue of this subsection.

(2) While a person is a constable of a police force by virtue only of subsection (1) above he shall hold the rank of assistant chief constable, but shall be treated for the purposes of his pay, pension and other conditions of service as if he had continued to be chief constable of the force which ceased to exist.

(3) A chief constable who becomes a constable of a police force by virtue of subsection (1) above shall, subject to regulations under Part II of this Act, cease to be a constable thereof at the expiration of three months unless he has then accepted and taken up an appointment in that force in some other capacity.

(4) The provision to be made by regulations under section 24 of the [1972 c. 11.] Superannuation Act 1972 or section 219 of the Local Government (Scotland) Act 1973 with respect to the chief constable of a police force who, after becoming a constable of another police force by virtue of subsection (1) above, ceases to be a constable of that force without having accepted and taken up an appointment in that force in a capacity other than that of chief constable shall, if he was the chief constable of a police force on 15th May 1975, be not less favourable than any provision by way of pension that would have been payable to or in respect of him by virtue of the [1948 c. 24.] Police Pensions Act 1948 had the first-mentioned police force been combined with another force by an amalgamation scheme under the [1956 c. 26.] Police (Scotland) Act 1956 and he had neither been transferred to the combined force nor agreed to continue to serve therein in a capacity other than that of chief constable within three months; and section 2(1)(b) of the [1948 c. 24.] Police Pensions Act 1948 shall not apply to a constable who is first appointed a chief constable on or after 16th May 1975 and who is affected by this section.

(5) The relevant authority shall offer the chief constable of a police force which ceases to exist on 16th May 1975 (other than a chief constable who has been appointed the chief constable of a new force) an appointment to take effect not later than 16th August 1975 at the rank of assistant chief constable in the relevant new force.

(6) In this section—

• ' new force ' has the same meaning as it has for the purposes of Schedule 2 to this Act;

• ' relevant authority ' means the police authority or, as the case may be, the joint police committee responsible for the appointment of the chief constable of the relevant new force;

• ' relevant new force ' means the new force to which the majority of the constables of a police force which ceases to exist on 16th May 1975 are transferred.”

(9) In section 51(1) (general interpretation), In the definition of " amalgamation scheme", for the words " or section 20 " there shall be substituted the words " section 20 or section 21A ".

(10) Sections 24 and 25 of the said Act of 1967 and Schedule 2 thereto shall, subject to any necessary modifications, apply to an order under section 215 of this Act as they apply to an amalgamation scheme under that Act.

147 Fire services

(1) Subject to the provisions of the [1947 c. 41.] Fire Services Act 1947 as amended by this section, the fire authority for the purposes of the Fire Services Acts 1947 to 1959 shall be a regional or islands council.

(2) For section 36(3) (administration scheme) of the said Act of 1947 there shall be substituted the following subsection—

“(3) It shall be the duty of the councils of the regions and islands areas comprised in either of the combined areas set out in the Table at the end of this subsection to prepare and submit to the Secretary of State, not later than 1st . January 1975 or such later date as the Secretary of State may in special circumstances allow, a scheme (hereafter referred to as an ' administration scheme ') for the provision in the combined area of the services required by section 1 of this Act, and the Secretary of State may by order approve any scheme so submitted to him.

Table

Combined area	Regions and islands areas comprised
South-eastern	Borders and Lothian.
Northern	Highland and the Islands Areas."”

(3) Not later than 1st January 1975 every new fire authority shall prepare and submit to the Secretary of State for his approval an establishment scheme for their area or combined area under section 19 of the said Act of 1947 to come into force on 16th May 1975, and the Secretary of State may approve the scheme as submitted to him or subject to such modifications as he may direct.

(4) Without prejudice to subsection (3) above, every fire authority, in respect of whose area or combined area the Secretary of State has approved or made an administration scheme under section 36 of the said Act of 1947, shall prepare and submit to the Secretary of State for his approval an establishment scheme for the combined area under the said section 19, and the Secretary of State may approve the scheme as submitted to him or subject to such modifications as he may direct.

(5) The following further amendments shall be made to section 36 of the said Act of 1947—

(a) for any reference to counties and burghs or counties or burghs there shall be substituted respectively references to regions and islands areas or regions or islands areas;

(b) in subsection (2), the words between " Secretary of State" and " for any reference to a combination scheme " shall cease to have effect;

(c) in subsection (6), for the words from the beginning to " subsection (3) of this section" there shall be substituted the words " If the councils of the regions and islands areas comprised in one of the combined areas set out in the Table at the end of subsection (3) of this section fail to submit within the time limited by that subsection " ;

(d) in subsection (8) for the words "the areas specified in the Fourth Schedule to this Act" there shall be substituted the words " any area or combined area ";

(e) in subsection (15), in the substituted section 4, for the words from the beginning to " or burgh " there shall be substituted the words " Subject to the provisions of this Act, as from 16th May 1975, the fire authority shall be a regional or islands council ";

(f) in subsection (19), for the words " (9) of section three hundred and fifty-five of the Local Government (Scotland) Act 1947 " there shall be substituted the words " (8) of section 210 of the Local Government (Scotland) Act 1973 ".

(6) In section 38(1) of the said Act of 1947 (interpretation), after the definition of " appointed day " there shall be inserted the following definition—

• “' combined area ', in relation to Scotland, means an area for which a combined fire brigade is established by an administration scheme under section 36 of this Act;”.

(7) Schedule 4 to the said Act of 1947 (combined areas in Scotland) shall cease to have effect.

(8) Section 7(2) of the [1959 c. 44.] Fire Services Act 1959 (establishment schemes) shall cease to have effect.

148 Water

(1) Regional water boards established under the [1967 c. 78.] Water (Scotland) Act 1967 are hereby dissolved and their functions are hereby transferred to water authorities.

(2) Subject to subsection (3) below, the water authority for any area shall be the regional or islands council for that area.

(3) For any area specified in column 1 of the following table the water authority shall be the regional council specified in relation to that area in column 2 of that table.

Table

Area	Regional council to whose limits of supply the area in column 1 is to be added
1	2
The whole of the former County of Kinross.	Fife
That part of the former Counties of Stirling and Dunbarton which lies within both the Strathclyde Region and the region of the Mid-Scotland Water Board.	Central

(4) The area within which a water authority are to exercise their functions by virtue of this section shall comprise the limits of supply of that authority.

(5) Notwithstanding section 57 of this Act, where—

(a) a water authority have arranged under section 56 of this Act for the discharge of their functions relating to water by a committee, and

(b) the limits of supply of that authority include an added area,

then the members of that committee shall be appointed both by that authority and by the other water authority; and the number of such members to be appointed by each of those authorities shall be such number as may be agreed between them or in default of agreement as the Secretary of State may by order specify.

(6) A member of such a committee who represents the other water authority shall not be entitled to exercise a deliberative vote or to submit a motion or, except with the leave of the committee, to take part in a discussion except in respect of a matter relating solely or, in the opinion of the person presiding at the meeting of the committee, mainly to the exercise of any of the functions of the water authority of whose committee he is a member.

(7) Where the limits of supply of a water authority include an added area but the authority propose to make an arrangement for the discharge of their functions relating to water other than such an arrangement as is referred to in subsection (5)(a) above, then the proposed arrangement shall require the consent of the Secretary of State, who shall not give such consent unless he is satisfied that the interests of the other water authority will be adequately safeguarded by the proposed arrangement.

(8) Schedule 17 to this Act shall have effect for making amendments to the enactments relating to water.

(9) In this section—

• " added area " means an area specified in column 1 of the table set out at the end of subsection (3) above or in that column as amended or extended by an order under section 5(1)(d) of the [1967 c. 78.] Water (Scotland) Act 1967 ;

• " the other water authority " means the authority in whose region the added area is situated.

149 Local weights and measures authorities

(1) The local weights and measures authority for the purposes of the [1963 c. 31.] Weights and Measures Act 1963 shall be a regional or islands council; and accordingly for section 36 of that Act there shall be substituted the following section—

“36 Local weights and measures authorities in Scotland.

In Scotland, the local weights and measures authority shall be a regional or islands council.”

(2) Without prejudice to the powers of local authorities under Parts V and VI of this Act and under the [1970 c. 39.] Local Authorities (Goods and Services) Act 1970, section 37 of the [1963 c. 31.] Weights and Measures Act 1963 (power for local weights and measures authorities to combine) shall cease to have effect.

(3) In section 39(5) of the said Act of 1963 (inquiries), for the reference to subsections (2) to (9) of section 355 of the [1947 c. 43.] Local Government (Scotland) Act 1947 there shall be substituted a reference to subsections (2) to (8) of section 210 of this Act.

(4) Sections 40(2) and 47 of the said Act of 1963 (compensation of officers and general administrative regulations) shall cease to have effect.

(5) Paragraph 5(2) of Schedule 6 to the said Act (byelaws relating to sale of solid fuel) shall have effect as if—

(a) for the words from " by the authority " to " measures authority " there were substituted the words " by the local weights and measures authority for the area where they have effect ";

(b) at the end there were added the following proviso—

“Provided that where the byelaws have effect in the areas of two or more local weights and measures authorities, they may be revoked by any of the authorities to the extent that they have effect in their area, and when so revoked the byelaws shall continue in force in any other area until revoked to the extent that they have effect in that area.”

(6) A local weights and measures authority may make, or assist in the making of, arrangements to provide advice to or for the benefit of consumers of goods and services within the area of the authority.

150 Public transport

(1) Subject to the provisions of Schedule 18 to this Act, all functions relating to transport under the enactments specified in that Schedule shall be exercised by regional or islands councils and those enactments shall have effect subject to the amendments specified in that Schedule.

(2) The Strathclyde Regional Council shall be the Passenger Transport Authority for the Greater Glasgow Passenger Transport Area for the purposes of Part II of the [1968 c. 73.] Transport Act 1968, and accordingly the Greater Glasgow Passenger Transport Authority established by virtue of the said Part II is hereby dissolved and its property and functions transferred to the Strathclyde Regional Council.

(3) In consequence of subsection (2) above, the Secretary of State may by order amend any local enactment or any order made under Part II of the said Act of 1968 or any provision of the said Part II in its application to the Greater Glasgow Passenger Transport Area, being an area which has been designated for the purposes of that Part by an order under section 9(1) of that Act, and a statutory instrument containing such an order shall be subject to annulment in pursuance of a resolution of either House of Parliament.

(4) References in this section to the Greater Glasgow Passenger Transport Area and the Greater Glasgow Passenger Transport Authority include references to that Area or Authority as varied by an order made under section 9 of the said Act of 1968.

(5) In section 16(1) of the [1970 c. 24.] Finance Act 1970 (exclusion of amounts precepted under section 13 of the [1968 c. 73.] Transport Act 1968 and certain grants in computing profits chargeable to corporation tax of a Passenger Transport Executive), for paragraph (a) there shall be substituted the following paragraph—

“(a) any grants made to Passenger Transport Executives under section 13 of the Transport Act 1968;”.

151 Co-operation and assistance regarding public transport

(1) As respects any area of a local authority, other than an area which has been designated for the purposes of Part II of the Transport Act 1968 by an order under section 9(1) of that Act, it shall be the duty—

(a) of the local authority, acting in consultation with persons providing bus services within their area and, so far as appropriate, with the Railways Board, to develop policies which will promote the provision of a coordinated and efficient system of public passenger transport to meet the needs of their area and, for that purpose, to take such steps to promote the coordination, amalgamation and re-organisation of road passenger transport undertakings in their area as appear to the local authority to be desirable; and

(b) of each of the persons providing bus services within such an area and of the Railways Board to co-operate with one another and the local authority concerned in the exercise of their respective functions for the purpose of co-ordinating the passenger transport services within the area and to afford to one another and to the local authority such information as to proposed changes in their services as may be reasonably required for that purpose.

(2) For the purpose of such co-operation as is referred to in subsection (1)(b) above, the Railways Board and each of the persons providing bus services as aforesaid shall have power to enter into such arrangements with one another with respect to the exercise and performance of their respective functions on such terms as may appear to them to be expedient, including arrangements for the establishment under the Companies Acts of, and the transfer of assets to, one or more companies controlled (severally or jointly) by the parties to the arrangements.

(3) A local authority may make grants towards any costs incurred by persons carrying on public passenger transport services (whether by land, water or air) wholly or partly in the area of the authority.

(4) A local authority may, in respect of any financial year—

(a) make a contribution out of rates towards the expenditure which they estimate they will incur in that year in discharging functions relating to public passenger transport services under any enactment or instrument made thereunder; and

(b) notwithstanding the provisions of any such enactment or instrument, take into account the amount of such contribution in fixing for that year the fares and charges for the public passenger transport services in respect of which the contribution is made.

(5) In this section " local authority" means a regional or islands council and other expressions have the same meaning as in the [1968 c. 73.] Transport Act 1968.

152 Aerodromes

The functions of local authorities in relation to aerodromes under the Civil Aviation Acts 1949 to 1971 shall be transferred to regional, islands and district councils in accordance with the amendments to those Acts set out in Part II of Schedule 27 to this Act.

153 Ferries

(1) All rights which are presently vested in local authorities in relation to ferries, all functions relating thereto, and all liabilities to which those authorities are subject in that connection, are hereby transferred to the regional or islands council within whose area the ferry is situated.

(2) A regional or islands council or any two or more such councils acting in combination may acquire, provide, maintain, improve and operate any ferry situated wholly or partly within their area or areas, but such a council or councils acting in combination may only exercise those powers as respects a ferry situated partly within their area or areas and partly within the area of another such council if the agreement of that other council has first been obtained.

(3) A regional or islands council or any two or more such councils acting in combination may

(a) incur capital expenditure and borrow money for the purposes of exercising their powers under subsection (2) above;

(b) lease or hire a ferry to or from another person on such conditions as they think fit;

(c) enter into arrangements with another person for the operation of a ferry by that person on their behalf; and

(d) from time to time fix fares and charges for the use of any ferry operated by virtue of this section, and adequate publicity as to those fares and charges shall be given by them within their area.

(4) If in any year the revenue received by a council, or by two or more councils acting in combination, in respect of a ferry operated by virtue of this section is insufficient to defray the expenditure incurred in operating and maintaining in an efficient state any such ferry and any sums required to meet interest, sinking fund or other loan charges, the deficiency shall be met out of rates by the council in whom the ferry is vested, or in the case of a ferry vested in two or more councils in combination, by those councils in such proportions as may be fixed by the combination agreement.

(5) In this section " ferry" includes all rights pertaining thereto (including rights of access) and all boats, vessels, landing stages, plant and apparatus used in connection with the ferry, but does not include a harbour transferred by virtue of section 154 of this Act.

154 Piers and Harbours

(1) All rights which are presently vested in local authorities in relation to harbours, piers, boatslips and jetties, all functions relating thereto, and all liabilities to which those authorities are subject in that connection, are hereby transferred to the regional or islands council within whose area the harbour, pier, boatslip or jetty is situated, and the enactments specified in Schedule 19 to this Act shall have effect subject to the amendments set out in that Schedule.

(2) Where a harbour is situated partly within the area of one regional council and partly within the area of another regional council, all such rights, functions and liabilities as aforesaid shall be transferred to those councils jointly.

(3) A regional or islands council or any two or more such councils acting in combination may acquire by agreement, or, if so authorised by the Secretary of State, may acquire compulsorily—

(a) land for the purpose of constructing, re-constructing, extending or improving a marine work;

(b) any harbour whose acquisition is considered by the council to be desirable in the interests of their area and

(i) whose maintenance is to be discontinued by its owner, or

(ii) which is considered by the council to be in a poor state of repair,

and sections 70(2) to (5) and 71(3) and (4) of this Act shall apply respectively to acquisition by agreement or compulsorily under this subsection as they apply for the purposes of those sections.

(4) If a local authority so elects and notifies the Secretary of State accordingly, Part III of the [1937 c. 28.] Harbours, Piers and Ferries (Scotland) Act 1937 shall apply to any harbour transferred to or acquired by them under this section which is not a marine work as if it were a marine work.

(5) A local authority may make loans to a harbour authority for a harbour wholly or partly situated within their area, on such terms as may be agreed between the local authority and the harbour authority, for the purpose of enabling the harbour authority to do anything which they have power to do.

(6) Where provisions of the [1847 c. 27.] Harbours, Docks and Piers Clauses Act 1847 have been incorporated with any enactment, the amendments made by this Act in that Act shall be so incorporated.

(7) In this section " harbour authority " and " marine work " have the same meanings as in section 57(1) of the [1964 c. 40.] Harbours Act 1964 and so has " harbour " except that it does not include a ferry within the meaning of section 153(5) of this Act.

155 Factories

(1) The district council for the purposes of the [1961 c. 34.] Factories Act 1961 shall be an islands or a district council and accordingly in section 176(1) of that Act (interpretation), in the definition of "district council", for the words from "the Council of a county " onwards there shall be substituted the words " an islands or a district council ".

(2) In section 46(6) (bye-laws), for the words " 301 to 303 " there shall be substituted the words " 201 to 204 " and for the word " 1947 ", where it twice occurs, there shall be substituted the word " 1973 ".

(3) In section 47(1) (means of escape), the word " either " and the words from " or, where " to the end shall cease to have effect.

(4) In section 94(3) (annual holidays), the words " in burghs " shall cease to have effect, and for the word " town " there shall be substituted the word " district ".

(5) In section 153(3) (provisions as to councils), the words " a county council and " shall cease to have effect.

(6) Section 181(3) (definition of " district council " for certain purposes), shall cease to have effect.

(7) In section 182 (application to Scotland), subsection (2) shall cease to have effect, and in subsection (9) for the words " county and town " there shall be substituted the words " islands and district ".

156 Offices, shops and railway premises

(1) The local authority responsible for enforcing the provisions of the [1963 c. 41.] Offices, Shops and Railway Premises Act 1963 shall be an islands or a district council, and accordingly in section 90(1) of that Act (interpretation), in the definition of " local authority " for the words " the council of a county or " onwards there shall be substituted the words " an islands or district council and in section 52(3) of this Act includes a regional council ".

(2) In section 52(3) of that Act (enforcement authorities), paragraph (a) and in paragraph (c), the words " the council of a county " shall cease to have effect.

(3) In section 62(3) (local inquiries), for the words from " (3)" to " 1947 " there shall be substituted the words " (2) to (8) of section 210 of the Local Government (Scotland) Act 1973 ".

157 The Shops Act 1950

The local authority responsible for enforcing the provisions of the [1950 c. 28.] Shops Act 1950 shall be an islands council or, as the case may be, a district council, and accordingly in section 73(4) of that Act (local authorities), for the words " a county or town" there shall be substituted the words " an islands or a district ".

158 Food and drugs

(1) It shall be the duty of the authorities specified in the first column of the Table below to enforce and execute the provisions of the [1956 c. 30.] Food and Drugs (Scotland) Act 1956 which are specified in relation to them respectively in the second column of that Table.

TABLE

Authorities	Provisions to be enforced and executed
Regional and islands councils	(a) Sections 1, 2 and 6;
	(b) Section 18.
Islands and district councils	(a) Sections 8 to 11;
	(b) Section 12;
	(c) Sections 14 and 15;
	(d) Section 17;
	(e) Section 19;
	(f) Section 24;
	(g) Section 34;
	(h) Section 38.

(2) Notwithstanding subsection (1) above, a district council may execute and enforce the provisions of section 2 of the said Act of 1956 if the offence alleged relates to food which is alleged to contain some extraneous matter.

159 Employers liability

Regional, islands and district councils shall not require to effect any insurance under the [1969 c. 57.] Employers Liability (Compulsory Insurance) Act 1969, and accordingly in section 3(2) of that Act (employers exempted from insurance), for the words " county, town " there shall be substituted the words " regional, islands ".

160 Employment of young persons

The local authority for the purposes of Part I of the [1938 c. 69.] Young Persons (Employment) Act 1938 shall be an islands council or a district council; and accordingly in section 10(2) of that Act (application to Scotland) for the words from " the county council" to " or a town council" there shall be substituted the words " an islands council or a district council, and any expenses incurred by the council ".

161 Social work

(1) For the purposes of the Social Work (Scotland) Acts 1968 and 1972, the local authority shall be a regional or islands council.

(2) In relation to the discharge by a local authority of their social work functions, Schedule 20 to this Act shall have effect in place of subsections (1) to (5) and (10) of section 56 and section 57 of this Act, and references in the remaining provisions of section 56 to that section shall include references to that Schedule.

(3) Where a local authority have made an arrangement under Schedule 20 to this Act for the discharge by their social work committee of any of their social work functions, that function shall not, during the subsistence of such arrangement, stand referred to that committee under section 2 of the Act of 1968, and the committee may themselves discharge the function in accordance with the arrangement.

(4) Paragraphs 2, 7, 8 and 9 of Schedule 20 to this Act shall, subject to any necessary modifications, apply in relation to a social work committee and to the standing reference of functions to that committee under section 2 of the Act of 1968 as they apply in relation to the discharge of functions by arrangements made in accordance with that Schedule.

(5) The number of members of a social work committee and their term of office shall be fixed by the appointing authority.

(6) A social work committee may, subject to section 59 of this Act, include persons who are not members of the appointing authority, but at least two-thirds of the members appointed to the committee shall be members of that authority.

(7) Every member of a social work committee who at the time of his appointment was a member of the appointing authority shall, upon ceasing to be a member of that authority, also cease to be a member of the committee and of any subcommittee thereof; but for the purposes of this subsection a member of a social work committee shall not be deemed to have ceased to be a member of the authority by reason of retirement if he has been re-elected a member thereof not later than the day of his retirement.

(8) Sections 58 and 68 of this Act shall apply in relation to a joint committee appointed under Schedule 20 to this Act as they apply in relation to a joint committee appointed under Part V of this Act.

(9) This section shall be without prejudice to the provisions of Schedule 3 to the Act of 1968 relating to Children's Panel Advisory Committees.

(10) In this section—

(a) " social work committee " means a committee appointed under section 2(1) of the Act of 1968 ;

(b) " social work functions " means the functions referred to in section 2(2) of the Act of 1968 ;

(c) " the Act of 1968 " means the [1968 c. 49.] Social Work (Scotland) Act 1968.

162 Physical training and recreation

(1) The functions of local authorities under the [1937 c. 46.] Physical Training and Recreation Acts 1937 and [1958 c. 36.] 1958 shall be exercisable by local authorities within the meaning of this Act and accordingly in section 10(4) of the Physical Training and Recreation Act 1937 (application to Scotland), for the words " town, county " there shall be substituted the words " regional, islands ".

(2) Regional councils shall have a duty, in consultation with district councils within their region, to ensure that there is an adequate provision of facilities for the inhabitants of their region for the purposes of the said Acts of 1937 and 1958.

163 Public libraries, museums and art galleries

(1) The local authority for the purposes of the Public Libraries (Scotland) Acts 1887 to 1955 in their application to libraries shall be an islands or district council, except that within the Highland, Borders and Dumfries and Galloway regions such authority shall be the appropriate regional council.

(2) A local authority as aforesaid shall have a duty to secure the provision of adequate library facilities for all persons resident in their area.

(3) The local authority for the purposes of the [1887 c. 42.] Public Libraries Consolidation (Scotland) Act 1887 in its application to museums and art galleries shall be a local authority within the meaning of this Act, but each regional council shall have a duty, in consultation with district councils within their region, to ensure that there is an adequate provision of facilities for the purposes of the said Act in that application for the inhabitants of their region.

(4) Schedule 21 to this Act shall have effect for making amendments to the enactments relating to public libraries, museums and art galleries.

164 Civic restaurants

The civic restaurant authority for the purposes of the [1947 c. 22.] Civic Restaurants Act 1947 shall be an islands or district council.

165 Spray irrigation

The functions of river purification boards under the [1964 c. 90.] Spray Irrigation (Scotland) Act 1964 shall be exercisable by river purification authorities, and accordingly in that Act, for the words " board " and " boards ", wherever they occur, there shall be substituted respectively the words " authority " and " authorities ".

166 Registration of births, deaths and marriages

(1) The local registration authority for any registration district for the purposes of the [1965 c. 49.] Registration of Births, Deaths and Marriages (Scotland) Act 1965 shall be the regional or islands council within whose area the registration office for the registration district concerned is located immediately before the commencement of this Act.

(2) Accordingly the following amendments shall be made in that Act—

(a) in section 5(3) (authority for registration districts), for the words from " responsible " onwards there shall be substituted the words " ascertained in accordance with section 166 of the Local Government (Scotland) Act 1973 ";

(b) in section 6(4) (local inquiries), for the words from "subsections" to " 1947" there shall be substituted the words " subsections (2) to (8) of section 210 of the Local Government (Scotland) Act 1973 ";

(c) in section 8(5) (custody of keys), the words from " by their" to " town clerk" shall cease to have effect;

(d) in section 9(2) (combination of local authorities), for the words from " section ", where last occurring, to " 1947 " there shall be substituted the words " sections 56 to 58 of the Local Government (Scotland) Act 1973 ";

(e) for section 15(4) (finding of infant children), there shall be substituted the following subsection—

“(4) In this section " local authority " means a regional or islands council.”;

(f) in section 56(1) (interpretation), the definition of " local authority " shall cease to have effect.

167 Authorised registrars

The Registrar General shall consult with local authorities as to the number of registrars required for their areas under the [1969 c. 34.] Marriage (Scotland) Act 1939, and accordingly in section 1(6) of that Act (authorised registrars), for the words from " at least" to " county councils" there shall be substituted the words " such number of registrars as he may, after consultation with the local authorities, ", and in section 7 (interpretation), for the words from " the expressions " to " 1929 " there shall be substituted the words " local authorities " means regional or islands councils ;".

168 Census

The local authorities for the purposes of the [1920 c. 41.] Census Act 1920, including section 6 of that Act, shall be local authorities within the meaning of this Act, and accordingly for section 9(2) of that Act (application to Scotland), there shall be substituted the following subsection—

“(2) " local authority " means a regional, islands or district council;”.

169 Burial grounds, churchyards etc.

(1) The functions of councils under the [1855 c. 68.] Burial Grounds (Scotland) Act 1855 and the Cremation Acts 1902 and 1952 shall be transferred to and vest in islands or district councils.

(2) The functions of councils under the Church of Scotland (Property and Endowments) Acts 1925 and 1933 shall be transferred to and vest in islands and district councils in accordance with the amendments to those Acts set out in Part II of Schedule 27 to this Act.

170 War memorials

(1) The local authority for the purposes of the [1923 c. 18.] War Memorials (Local Authorities' Powers) Act 1923 as extended to Scotland by section 133(3) of the [1948 c. 26.] Local Government Act 1948 shall be a local authority within the meaning of this Act; and the powers conferred on a local authority by section 1 of the said Act of 1923 as so extended with regard to war memorials shall apply to any war memorial outside as well as within their area.

(2) In consequence of subsection (1) above the said section 133(3) shall have effect as if—

(a) after the word " modifications " there were inserted the following head—

“(ia) in section 1, for the words " within their district" there shall be substituted the words " whether within or outside their area”;

(b) for head (ii) there were substituted the following head—

“(ii) " local authority " means a regional, islands or district council.”

171 Miscellaneous functions, etc.

(1) For the purposes of the following enactments the local authority shall be a regional or islands council—

(a) section 10 of the [1822 c. 33.] Riotous Assemblies (Scotland) Act 1822 (compensation for damage by riot);

(b) section 10 of the [1967 c. 46.] Protection of Birds Act 1967 (publicising of effect of Protection of Birds Acts);

(c) section 67 of the [1970 c. 40.] Agriculture Act 1970 (enforcement of standards for fertilisers and feedingstuffs).

(2) For the purposes of section 13 of the [1954 c. 30.] Protection of Birds Act 1954 (orders) the administrative area shall be the region, islands area or district.

(3) For the purposes of section 15 of the [1949 c. 47.] Finance Act 1949 (transfer of duties on moneylenders' and pawnbrokers' licences) the local authority shall be an islands or district council.

PART IX Planning

Planning authorities and plans

172 Planning authorities

(1) The planning authority for the purposes of the Act of 1972 and this Part of this Act shall be—

(a) in the case of regional planning functions, a general planning authority or a regional planning authority ; and

(b) in the case of district planning functions, a general planning authority or a district planning authority,

and the district of the planning authority shall be the region, islands area or the district, as the case may be.

(2) In the term " local planning authority ", wherever it occurs in any enactment or instrument made under an enactment, the word " local " shall be omitted.

(3) In any enactment or instrument made under an enactment, a reference to a planning authority shall, unless otherwise provided, be construed as a reference to a general planning authority and to a district planning authority.

(4) In this Part of this Act—

• " the Act of 1972 " means the [1972 c. 52.] Town and Country Planning (Scotland) Act 1972;

• " regional planning functions " are those described in Part I of Schedule 22 to this Act together with those conferred on general or regional planning authorities by this Part of this Act;

• " district planning functions " are those described as such in Part II of that Schedule or in this Part of this Act, together with those conferred on general or district planning authorities by this Part of this Act;

• " general planning authority " means the council of the Highland region, the Borders region or the Dumfries and Galloway region or of an islands area;

• " regional planning authority " means the council of any other region;

• " district planning authority " means a district council within the region of a regional planning authority.

173 Regional reports

(1) A general or regional planning authority may, in advance of the submission of a structure plan to the Secretary of State, or at any time thereafter, prepare and submit to the Secretary of State a report on their district in accordance with the provisions of this section.

(2) If so directed by the Secretary of State, a general or regional planning authority shall submit such a report to him within a period specified in the direction.

(3) The report shall be based on the survey mentioned in section 4 of the Act of 1972, or any part of that survey, or on material prepared for that survey or part, and shall consist of planning policy proposals for the district of the authority as a whole or any part of it, as respects the matters mentioned in section 5(3) of that Act, having regard to the requirements of section 5(4) of that Act.

(4) Before submitting the report to the Secretary of State, a regional planning authority shall consult every district planning authority within their region, and every other planning authority who are likely to be affected by the report, and at the same time as the regional planning authority submit the report to the Secretary of State they shall send a copy of the report to every such planning authority.

(5) The Secretary of State shall make observations on each report submitted to him under this section and shall transmit those observations to all planning authorities to whom a copy of the report was sent under subsection (4) above, and the general or regional planning authority concerned shall publish within their district the report together with the observations of the Secretary of State.

(6) In the event of the failure of a general or regional planning authority to submit to him a report under this section, the Secretary of State may himself prepare and publish such a report, and any expenses certified by him as having been incurred in so doing shall on demand be repaid by the authority concerned to the Secretary of State.

(7) All planning authorities shall, in the exercise of their functions as such, have regard to any report and observations made under this section which affect or are likely to affect them.

174 Structure plans

(1) A structure plan submitted to the Secretary of State under section 5(1) of the Act of 1972 may consist of a series of plans relating to different parts of the district of a planning authority, and may, if the Secretary of State agrees, on application made to him to that effect by a planning authority, relate to part only of the district of the authority, in which case references in Part II of the Act of 1972 and in this Part of this Act to such a district shall, in relation to a structure plan, be construed as including references to part of that district.

(2) Before submitting a structure plan or proposals for alteration thereof to the Secretary of State, a regional planning authority shall consult every planning authority who are likely to be affected by the plan or proposals.

175 Amendment of provisions relating to approval of structure and local plans by Secretary of State

(1) The following provisions shall be substituted for subsections (3) and (4) of section 7 of the Act of 1972 (which specify the duties and powers of the Secretary of State in considering any structure plan submitted for his approval and, in particular require him to consider any objections to the plan and to afford a hearing to the persons making them)—

“(3) Where on taking any such plan into consideration the Secretary of State does not determine then to reject it, he shall, before determining whether or not to approve it—

(a) consider any objections to the plan, so far as they are made in accordance with regulations under this Part of this Act, and

(b) cause a person or persons appointed by him for the purpose to hold an examination in public of such matters affecting his consideration of the plan as he considers ought to be so examined.

(4) The Secretary of State may make regulations with respect to the procedure to be followed at any examination under subsection (3) of this section.

(5) The Secretary of State shall not be required to secure to any planning authority or other person a right to be heard at any examination under the said subsection (3), and the bodies and persons who may take part therein shall be such only as he may, whether before or during the course of the examination, in his discretion invite to do so:

Provided that the person or persons holding the examination shall have power, exercisable either before or during the course of the examination, to invite additional bodies or persons to take part therein if it appears to him or them desirable to do so.

(6) An examination under subsection (3)(b) of this section shall constitute a statutory inquiry for the purposes of section 1(1)(c) of the [1971 c. 62.] Tribunals and Inquiries Act 1971, but shall not constitute such an inquiry for any other purpose of that Act.

(7) On considering a structure plan the Secretary of State may consult with, or consider the views of, any planning authority or other person, but shall not be under any obligation to do so.

(8) On exercising his powers under subsection (1) of this section in relation to any structure plan, the Secretary of State shall give such statement as he considers appropriate of the reasons governing his decision.”

(2) For the purpose of preserving the existing law in relation to local plans, the following subsection shall be substituted for subsection (4) of section 12 of the Act of 1972 (which, amongst other things, applies section 7 of that Act with modifications where the Secretary of State has directed that a local plan shall not have effect unless approved by him)—

“(4) Where the Secretary of State gives a direction under subsection (3) of this section, the planning authority shall submit the plan accordingly to him for his approval, and—

(a) the Secretary of State may, after considering the plan, either approve it (in whole or in part and with or without modifications or reservations) or reject it;

(b) in considering the plan, the Secretary of State may take into account any matters which he thinks are relevant, whether or not they were taken into account in the plan as submitted to him ;

(c) subject to paragraph (d) of this subsection, where on taking the plan into consideration the Secretary of State does not determine then to reject it, he shall, before determining whether or not to approve it—

(i) consider any objections to the plan, so far as they are made in accordance with regulations under this Part of this Act;

(ii) afford to any persons whose objections so made are not withdrawn an opportunity of appearing before, and being heard by, a person appointed by him for the purpose; and

(iii) if a local inquiry or other hearing is held, also afford the like opportunity to the authority and such other persons as he thinks fit;

(d) before deciding whether or not to approve the plan the Secretary of State shall consider any objections thereto which have been considered by the authority, but he shall not be obliged to cause an inquiry or other hearing to be held into the plan if any such inquiry or hearing has already been held at the instance of the authority;

(e) without prejudice to paragraph (c) of this subsection, on considering the plan the Secretary of State may consult with, or consider the views of, any planning authority or other persons, but shall not be under an obligation to consult with, or consider the views of, any other authority or persons, or except as provided by that paragraph, to afford an opportunity for the making of any objections or other representations, or to cause any local inquiry or other hearing to be held ; and

(f) after the giving of the direction the authority shall have no further power or duty to hold a local inquiry or other hearing under section 11 of this Act in connection with the plan.”.

(3) In consequence of subsection (2) above, in section 13(3) of the Act of 1972 the words from " but as if " to the end are hereby repealed.

176 Local plans

(1) Every general and district planning authority shall, as soon as practicable, prepare local plans for all parts of their district and accordingly subsections (1) and (2) of section 9 of the Act of 1972 (preparation of local plans) shall cease to have effect.

(2) A district planning authority shall submit a copy of their proposals for a local plan or for the alteration, repeal or replacement of a local plan to the regional planning authority for their region.

(3) A district planning authority shall not prepare a local plan for a part of their district before a structure plan has been approved in relation to that part unless they have first applied for and obtained the consent of their regional planning authority to that effect, and such consent may be withheld or withdrawn where a structure plan is in course of preparation or any decision is likely to be taken shortly by any authority and that plan or decision is likely to have a substantial effect on the contents of the local plan, but otherwise such consent shall not be unreasonably withheld.

(4) Consent under subsection (3) above shall be deemed to have been given unless that consent has been refused within 3 months of the application for consent.

(5) Any question as to whether consent under subsection (3) above has been unreasonably withheld may be referred by the district planning authority to the Secretary of State, whose decision in the matter shall be final.

(6) Subject to any directions which the Secretary of State may give, a general planning authority may prepare a local plan for a part of their district before a structure plan has taken effect in relation to that part.

177 Reserve powers of regional planning authorities regarding local plans

(1) A regional planning authority may assume the functions of a district planning authority within their district in relation to the preparation and making of a local plan if in their opinion—

(a) a local plan is urgently required to implement the provisions of an approved structure plan and the district planning authority concerned have failed to adopt an appropriate local plan ; or

(b) the district of more than one district planning authority is likely to be affected by the local plan in question ; or

(c) the local plan does not conform to a structure plan approved by the Secretary of State; or

(d) the implementation of the local plan will render unlikely the implementation of any other local plan relating to their district.

This subsection applies to the alteration, repeal or replacement of a local plan as it applies to the preparation and making of a local plan.

(2) Where under subsection (1) above a regional planning authority assume the functions of a district planning authority, the provisions of the Act of 1972 and of any instruments made thereunder in relation to local plans shall, with any necessary modifications, apply to the regional planning authority as they apply to the district planning authority concerned.

(3) Where a regional planning authority proposes to assume functions under subsection (1) above, the district planning authority concerned may appeal to the Secretary of State against the proposal and the decision of the Secretary of State in the matter shall be final.

(4) The Secretary of State may determine matters arising under section 176(5) of this Act or under subsection (3) above on the basis of written submissions submitted to him by the authority concerned within such period as he may stipulate, and of such consultations with those authorities, whether together or separately, as he thinks fit, and the Secretary of State shall not be under any obligation to consult any other authority or person, or to afford any opportunity for further objections or representations, or to cause any further local inquiry or other hearing to be held.

178 The countryside

(1) The local authority for the purposes of the [1967 c. 86.] Countryside (Scotland) Act 1967 shall be a regional, islands or district council, and the planning authority for the purposes of that Act shall be a general, regional or district planning authority.

(2) (a) Regional planning authorities shall have a duty, in consultation with district planning authorities within their district, and

(b) regional councils shall have a duty, in consultation with district councils within their region,

to ensure that there is an adequate provision of facilities for the inhabitants of their region under the said Act of 1967.

Development control

179 Reference of applications to regional planning authority

(1) A regional planning authority shall, in relation to district planning authorities within their district, have the same powers as are conferred on the Secretary of State by subsections (1) to (5) of section 32 of the Act of 1972 where—

(a) the proposed development does not conform to a structure plan approved by the Secretary of State; or

(b) the proposed development raises a new planning issue of general significance to the district of the regional planning authority; and

(c) the application concerned is not subject to a direction given by the Secretary of State under the said section 32.

(2) A district planning authority may appeal to the Secretary of State against any directions given to them by virtue of this section, and the Secretary of State, whose decision shall be final, may determine the appeal in accordance with section 177(4) of this Act.

180 Appeals against planning decisions

Where an appeal is made to the Secretary of State under section 33 of the Act of 1972 (appeals against planning decisions) the applicant shall, at the same time as he serves notice under subsection (2) of that section, serve a copy of the notice on the regional planning authority concerned, and that authority may take part in the appeal proceedings whether by way of written submissions, or participating in any inquiry, or otherwise.

181 Powers of regional planning authorities regarding orders under section 42 or 49 of Act of 1972

(1) Where a district planning authority propose to make an order under section 42 or 49 of the Act of 1972 (revocation etc. of planning permission and discontinuance of use, or alteration or removal of buildings or works), they shall give notice of the proposals to their regional planning authority who may make representations or objections as respects the proposed order to the Secretary of State.

(2) Where, after consultation with the district planning authority concerned, a regional planning authority are of the opinion that a structure plan approved by the Secretary of State would be materially prejudiced if such an order as aforesaid were not made, they may themselves make such an order, and in relation to that order the provisions of the said section 42 or 49 shall, with any necessary modifications, apply to the regional planning authority as they apply to the district planning authority concerned.

Miscellaneous

182 Miscellaneous planning functions

(1) The functions of local authorities under the [1913 c. 32.] Ancient Monuments Acts 1913 and [1931 c. 16.] 1931 shall be district planning functions, and the references in those Acts to a borough or to a district or the council thereof shall be construed accordingly.

(2) The functions of local authorities under Part I (except section 24) of the [1960 c. 62.] Caravan Sites and Control of Development Act 1960 (caravan sites) shall be functions of islands and district councils and under the said section 24 shall be functions of regional, islands or district councils and regional or district planning functions.

(3) The functions of planning authorities under section 9 of, and Schedule 3 to, the [1972 c. 42.] Town and Country Planning (Amendment) Act 1972 shall be district planning functions.

183 Directions relating to specialist advice

(1) The Secretary of State may from time to time direct a general or district planning authority to submit to him for his approval within a period specified in the direction the arrangements which the authority propose to make to obtain specialist advice in connection with their functions—

(a) under sections 53, 54, 56, 92 or 95 of, or Schedule 10 to, the Act of 1972 (listed buildings);

(b) under section 262 of that Act (designation of conservation areas); or

(c) under section 9 of the Town and Country Planning (Amendment) Act 1972 (control of demolition in conservation areas).

(2) If the Secretary of State is not satisfied about any arrangements mentioned in subsection (1) above, he may, after consultation with the general or district planning authority and any other authority concerned,—

(a) direct the general or district planning authority and another planning authority specified in the direction to enter into an agreement under section 65 of this Act for the placing at the disposal of the former, for the purpose of giving them any such specialist advice as is mentioned in that subsection, of the services of officers employed by the latter who are qualified to give such advice; or

(b) direct the general or district planning authority and another planning authority so specified to enter into arrangements for the discharge by the latter of any of the functions mentioned in that subsection and also direct that the arrangements shall contain terms so specified or terms on lines laid down by him.

184 Amendment of enactments relating to planning etc.

The enactments mentioned in Schedule 23 to this Act being enactments relating to planning, new towns and kindred matters, shall have effect subject to the amendments set out in that Schedule.

PART X Licensing, Etc

Licensing Courts and Courts of Appeal

185 Licensing courts and courts of appeal

For sections 1 to 5 of the [1959 c. 51.] Licensing (Scotland) Act 1959 there shall be substituted the following sections:—

“1 Licensing courts.

(1) There shall be a separate licensing court for—

(a) each islands area and district, not being such an area which has been divided into licensing divisions under subsection (2) of this section, and

(b) each licensing division.

(2) The council of any islands area or district may from time to time determine whether their area shall be divided into divisions (in this Act referred to as " licensing divisions ") for the purpose of this Act, and such a council shall, on making a determination under this subsection, forthwith notify the Secretary of State of such determination and shall cause particulars thereof to be published in two successive weeks in one or more newspapers circulating in their area.

2 Composition of licensing courts.

A licensing court shall consist—

(a) as to one half, of justices of the peace for the area which constitutes or includes the area of the court who reside in the islands area or district which constitutes or (in the case of an area divided into licensing divisions) which includes the area of the court;

(b) as to one half, of councillors for the islands area or district whose area constitutes or includes the area of the court;

and the court shall, according to the population of the licensing area ascertained in accordance with section 31 of this Act, consist of such number of members as is determined by reference to the scale set out in Schedule 1 to this Act.

3 Courts of appeal.

(1) For the purpose of hearing appeals from licensing courts and applications for the confirmation of new certificates under this Act there shall be courts (in this Act referred to as " courts of appeal ") constituted as provided in section 4 of this Act.

(2) There shall be a separate court in each islands area and district, which shall be the court of appeal from the licensing court for that area or, where that area is divided into licensing divisions, from the licensing courts for all such divisions.

4 Composition of courts of appeal.

A court of appeal shall consist as to one half of justices of the peace for the area which comprises the area of the court who reside in the area of the court, and as to one half of councillors for the islands area or district whose area constitutes the area of the court, and the court shall be so constituted that it contains three more justices and three more councillors than the licensing court for the same area or for the most populous licensing division within that area, as the case may be.

5 Election and term of office of members of licensing courts and courts of appeal.

(1) The members of licensing courts and courts of appeal holding office immediately before 16th May 1975 shall cease to hold office on that date, and the new courts shall be formed in accordance with the following provisions of this section.

(2) The members of a licensing court or court of appeal being councillors shall be elected, in the case of courts to be formed on 16th May 1975, by the islands or district council whose area constitutes or includes the area of the court at a meeting of that council to be held on a date between 16th April 1975 and 15th May 1975 to be determined by the council, and, in the case of subsequent elections, at the first meeting of the said council held after the next ordinary election of that council.

(3) The members of a licensing court or court of appeal being justices of the peace shall be elected, in the case of courts to be formed on 16th May 1975, at a meeting of the justices for the area which comprises the area of the court to be held on the same day and at the same place as the meeting first referred to in subsection (2) above of the islands or district council whose area constitutes or includes the area of the court, and, in the case of subsequent such elections, at a meeting of the said justices to be held on the same day and at the same place as the first meeting of the said council held after the next ordinary election of that council.

(4) The term of office of the members of a licensing court or court of appeal, being justices of the peace or councillors, shall, in the case of members elected at the meetings held in terms of subsections (2) and (3) above between 16th April 1975 and 15th May 1975, begin on 16th May 1975, and in any other case shall begin on the day of their election (as provided in those subsections) and in every case shall end on the day of the next election of members of the court.

(5) Notwithstanding any enactment providing that a member of a court appointed by a local authority shall cease to be a member of the court on ceasing to be a member of the local authority, a member of a licensing court or court of appeal who was appointed by a local authority and who has ceased to be a member of the authority by reason of an ordinary election to the council of that authority shall continue to be a member of the court until the first meeting of the council after the election.

(6) At a meeting of justices of the peace to elect representatives from their own number to a licensing court or court of appeal, a justice who does not reside in the area of an islands or district council shall not be entitled to vote or to submit a motion or, except with the leave of the meeting, to take part in a discussion in connection with such an election to—

(a) the licensing court for that area or, where the area is divided into licensing divisions, the licensing court for any such division, or

(b) the court of appeal for that area.”

186 Transitional and minor and consequential amendments of Licensing (Scotland) Acts

(1) The Secretary of State shall not make any order under section 31 of the [1959 c. 51.] Licensing (Scotland) Act 1959 (supplementary and local provisions) as that section had effect immediately before the passing of this Act; and no alteration shall be made in any licensing court or court of appeal by reason of any increase or decrease of population until those courts are reconstituted in terms of the said Act of 1959 as amended by subsequent enactments (including this Act).

(2) The Licensing (Scotland) Acts 1959 to 1969 shall have effect subject to the minor and consequential modifications and amendments set out in Part I of Schedule 24 to this Act.

Betting, Gaming and Lotteries

187 Authorities for purposes of betting, gaming and lotteries, etc.

The provisions of the [1963 c. 2.] Betting, Gaming and Lotteries Act 1963 and of the [1968 c. 65.] Gaming Act 1968 relating to the authorities for the purposes of permits, licences and registration under those Acts shall have effect subject to the modifications and amendments set out in Part II of Schedule 24 to this Act.

Miscellaneous licensing, registration and related matters

188 Miscellaneous licensing, registration and related matters

(1) The local authority for the purposes of the [1940 c. 31.] War Charities Act 1940 (registration authority for war charities) and the [1972 c. 66.] Poisons Act 1972 (local authority's list of persons entitled to sell poisons) shall be a regional or islands council.

(2) The local authority for the purposes of the [1969 c. 27.] Vehicle and Driving Licences Act 1969 shall be a regional, islands or district council.

(3) For the purposes of the following enactments the local authority shall be an islands or district council—

(a) The [1909 c. 30.] Cinematograph Act 1909 ;

(b) The [1925 c. 38.] Performing Animals (Regulation) Act 1925 ;

(c) The [1925 c. 50.] Theatrical Employers Registration Act 1925 ;

(d) The [1937 c. 48.] Methylated Spirits (Sale by Retail) (Scotland) Act 1937;

(e) The [1939 c. 44.] House to House Collections Act 1939 ;

(f) The [1951 c. 35.] Pet Animals Act 1951;

(g) The [1952 c. 46.] Hypnotism Act 1952;

(h) The [1963 c. 43.] Animal Boarding Establishments Act 1963 ;

(i) The [1964 c. 70.] Riding Establishments Act 1964 ;

(j) section 44(1) of the [1966 c. 51.] Local Government (Scotland) Act 1966 (game licences);

(k) The [1968 c. 38.] Sale of Venison (Scotland) Act 1968 ;

(l) The [1968 c. 54.] Theatres Act 1968.

(4) In consequence of the foregoing provisions of this section the enactments mentioned therein shall have effect subject to the modifications and amendments set out in Part III of Schedule 24 to this Act.

PART XI General Provisions as to Local Authorities

Legal Proceedings, Notices, etc.

189 Legal proceedings

(1) Where a local authority consider it expedient for the promotion or protection of the interests of 'the inhabitants of their area or any part thereof, they may institute, defend or appear in any legal proceedings or represent the inhabitants at any local inquiry held by or on behalf of any Minister or public body under any enactment.

(2) Any member or officer of a local authority, who is authorised in that behalf by the authority, shall be entitled to institute, defend or appear in proceedings before a court of summary jurisdiction although he is not a practising solicitor.

190 Service of legal proceedings, notices, etc., on local authorities

Any legal proceedings against a local authority shall be deemed to have been duly served on the authority if served on the proper officer of the authority, and any notice, order or other document required or authorised by any enactment or any instrument made under an enactment to be sent, delivered or served to or upon a local authority or to or upon the proper officer or chairman of a local authority, shall be addressed to the local authority or to the proper officer or chairman, as the case may be, and left at, or sent by post in a prepaid letter to, the offices of the local authority.

191 Claims in sequestrations and liquidations

The proper officer of a local authority or any other officer authorised by the authority for the purpose may sign on behalf of the authority any claim in any sequestration, liquidation or other such proceedings in which the authority are entitled to make a claim, and may act on behalf of the authority in connection with that claim in all respects.

192 Service of notices, etc., by local authority

(1) Any documents to which this section applies may be served—

(a) by being sent by post in a prepaid letter or delivered to or at the residence or place of business of the person to whom it is addressed:

Provided that in the case of a person employed on any ship or vessel it shall be delivered to some person on board thereof and connected therewith; or

(b) in the case of an incorporated company or body by being sent by post in a prepaid letter addressed to the secretary or clerk of the company or body at their registered or principal office or by delivering it to him at that office ; or

(c) where the notice or other document relates to premises and the owner thereof resides beyond the area of the local authority, by being sent by post in a prepaid letter or delivered to or at the place of business of his known factor or agent or the person drawing the rents of the premises; or

(d) where the notice or other document relates to premises and the local authority are unable after reasonable inquiry to ascertain the address of the person upon whom it should be served, by addressing it to him—

(i) by name, if his name is known ; or

(ii) if his name is not known, by the description of " owner " or " occupier " of the premises (naming them) to which it relates;

and by delivering it to some person on the premises, or if there is no person on the premises to whom it can be delivered, by affixing it or a copy thereof to some conspicuous part of the premises.

(2) Service of a copy of a document to which this section applies shall be deemed to be service of the principal document.

(3) Service of any document to which this section applies may be proved by a certificate under the hand of the person who posted or delivered or affixed the same attested by one witness who was present at such posting, delivery or affixing.

(4) Where any document to which this section applies relates to premises and the local authority are unable after reasonable inquiry to ascertain the name and address of the owner of the premises, then if there is no known factor, agent or person drawing the rents, such document may be addressed to the occupier or any of the occupiers of the premises, and such occupier shall in all respects take burden for the owner, so however that he shall not be liable to make payment under this section of any sum in excess of the sum which he is liable to pay in respect of rent of the premises nor shall he be required to make payment of any sum before the sum in respect of rent is due and payable, and any sum so paid by the occupier shall be deemed to be a payment to account of rent.

(5) For the purpose of enabling any document to be served on the owner of any premises, the local authority may by notice in writing require the occupier of the premises to state the name and address of the owner thereof, and if the occupier refuses or wilfully neglects to do so, or wilfully misstates the name and address of the owner, he shall, unless in the case of a refusal he shows cause to the satisfaction of the court for his refusal, be liable on summary conviction in respect of each offence to a fine not exceeding £20.

(6) This section applies to any notice, order or other document which is required or authorised by an enactment (including any enactment in this Act) or any instrument made under an enactment to be served by or on behalf of a local authority, or by an officer of a local authority, not being a document to the service of which the provisions of some enactment other than this section or some instrument made under an enactment are applicable.

193 Authentication of documents

(1) Any notice, order or other document which a local authority are authorised or required by or under any enactment (including any enactment in this Act) to give, make or issue may be signed on behalf of the authority by the proper officer of the authority, and may be withdrawn by a notice similarly authenticated.

(2) Any document purporting to bear the signature of the proper officer of the authority shall be deemed, until the contrary is proved, to have been duly given, made or issued by the authority of the local authority. In this subsection the word " signature " includes a facsimile of a signature by whatever process reproduced.

(3) Where any enactment or instrument made under an enactment makes, in relation to any document or class of documents, provision with respect to the matters dealt with by one of the two foregoing subsections, that subsection shall not apply in relation to that document or class of documents.

194 Execution of deeds by local authority and use of seal

(1) Save as otherwise provided in this Act, a deed to which a local authority are a party shall be held to be validly executed on behalf of the authority if it is sealed with the common seal of the council and subscribed on behalf of the council by two members of the council and the proper officer of the council, whether attested by witnesses or not, or if it is executed in such other manner as may be provided in a local Act.

(2) The seal of a council may be affixed to a deed or other document if authority to affix the seal to the deed or other document has been given at a meeting of the council, or has been given otherwise in accordance with standing orders of the council:

Provided that a person entering into any transaction with any such council shall not be bound to inquire whether authority to affix the seal has been given in accordance with the provisions of this subsection, and all deeds executed by such a council if otherwise valid shall have full force and effect notwithstanding that such authority may not have been given.

195 Public notices

Save as otherwise expressly provided, a public notice required to be given by a local authority shall be given—

(a) by displaying the notice conspicuously at or near the principal entrance to the offices of the authority; and

(b) by posting the notice in some conspicuous place or places within the area of the authority or by inserting a copy of the notice in a newspaper circulating in the area of the authority; and

(c) in such other manner, if any, as appears to the authority to be desirable for giving publicity to the notice.

196 Misnomers, etc., not to affect validity of notices, etc.

No misnomer or inaccurate description of any person or place, omission, mistake or informality in any notice or other document under or for the purposes of this Act shall affect the full operation of the notice or other document if the person or place mentioned is so designated as to be commonly understood, and such omission, mistake or informality is not such as to defeat the object of the notice or other document or cause substantial injustice to any person affected thereby.

197 Inspection and deposit of documents

(1) The minutes of—

(a) the proceedings of a local authority,

(b) the proceedings of any committee appointed by a local authority so far as such proceedings relate to any of the authority's functions under the [1948 c. 29.] National Assistance Act 1948, the Education (Scotland) Acts 1939 to 1973, the [1972 c. 58.] National Health Service (Scotland) Act 1972 or the [1972 c. 52.] Town and Country Planning (Scotland) Act 1972, and

(c) the proceedings of any joint committee or joint board established for the purpose of performing all or any of the functions of two or more local authorities under any of the Acts mentioned in paragraph (b) above,

shall be open to the inspection of any local government elector for the area of the local authority or, in the case of a joint committee or joint board, the area of any of the local authorities represented on the joint committee or joint board, at all reasonable hours on payment of a fee not exceeding 10p, and any such local government elector may make a copy thereof or an extract therefrom.

(2) In any case in which a document of any description is deposited with the proper officer of a local authority, pursuant to the standing orders of either House of Parliament or to any enactment or instrument, the proper officer shall receive and retain the document in the manner and for the purposes directed by the standing orders or enactment or instrument, and shall make such notes or endorsements on, and give such acknowledgements and receipts in respect of, the document as may be so directed.

(3) Subject to any provisions to the contrary in any other enactment or instrument, a person interested in any such map, plan or other document as is mentioned in subsection (2) above, may, at all reasonable hours, inspect and make copies thereof or abstracts therefrom on payment to the person having custody thereof of a fee not exceeding 10p for every such inspection, and of a further fee not exceeding 10p for every hour during which such inspection continues after the first hour.

(4) If a person having the custody of any such document—

(a) obstructs any person entitled to inspect the document or to make a copy thereof or extract therefrom in inspecting the document or making a copy or extract,

(b) refuses to give copies or extracts to any person entitled to obtain copies or extracts,

he shall be liable on summary conviction to a fine not exceeding £20.

(5) A local authority may remit any fee chargeable under this section.

198 Photographic copies of documents

(1) Subject to subsection (3) below, any requirement imposed by any enactment that a local authority shall keep a document of any description shall be satisfied by their keeping a photographic copy of the document.

(2) Subject to subsection (3) below, any requirement imposed by any enactment that a document of any description in the custody or under the control of a local authority shall be made available for inspection shall be satisfied by their making available for inspection a photographic copy of the document.

(3) A photographic copy of a document in colour where the colours are relevant to the interpretation of the document shall not suffice for the purposes of this section unless it so distinguishes between the colours as to enable the document to be interpreted.

199 Reports and returns

Every local authority and every joint committee or joint board shall, within such period as the appropriate Minister may require, make to that Minister such reports and returns and give him such information with respect to their functions as the Minister may require, or as may be required by either House of Parliament.

200 Records

(1) Where records of an existing local authority relate exclusively to property vested in or functions transferred to a new local authority the records shall vest in that new local authority.

(2) Records of parochial boards and parish councils held by an existing local authority shall vest in the regional or islands council which succeeds that authority.

(3) All other records held by a county council shall vest in the regional or islands council which succeeds the county council, and all such records held by any other existing local authority shall vest in the islands or district council which succeeds that authority.

(4) Where the area of an existing local authority is divided among two or more new local authorities, the records shall, subject to the foregoing provisions of this section, vest in the new local authority whose area includes, according to the latest census (not being a sample census), the greater part of the population of the existing local authority.

(5) Where records relating to property or functions vested in or transferred to a local authority have vested in another local authority that other local authority shall make the records available for consultation by the former authority.

(6) Any dispute as to the vesting of records shall be referred to and determined by the Secretary of State, whose decision in the matter shall be final.

(7) A local authority shall make proper arrangements with respect to any records which belong to or are in the custody of the authority or any of their officers, and may dispose of records which they do not consider worthy of preservation.

(8) A local authority may transmit any of their records to the Keeper of the Records of Scotland for safe custody, and accordingly in section 5(2) of the [1937 c. 43.] Public Records (Scotland) Act 1937 (transfer of records to Keeper), for the words from " the town " to " any other " there shall be substituted the word " any ".

(9) A regional council may deposit any of their records with a district council within their region, and a district council may deposit any of their records with the regional council within whose region their area is situate or with any other district council within the same region.

(10) A local authority may permit persons, with or without charge, and subject to such conditions as the authority may determine, to inspect their records and to make or obtain copies thereof.

(11) In this section—

(a) " records" includes charters, deeds, minutes, accounts and other documents, and any other records of whatever form which convey information, but does not include records which are the property of the Registrar General of Births, Deaths and Marriages for Scotland ; and

(b) "local authority" includes a joint board, joint committee, river purification board and a water board.

Byelaws

201 Byelaws for good rule and government

(1) A local authority may make byelaws for the good rule and government of the whole or any part of the region, islands area or district, as the case may be, and for the prevention and suppression of nuisances therein.

(2) The confirming authority in relation to byelaws made under this section shall be the Secretary of State.

(3) Byelaws shall not be made under this section for any purpose as respects any area if provision for that purpose as respects that area is made by, or is or may be made under, any other enactment.

202 Procedure, etc., for byelaws

(1) The following provisions of this section shall apply to byelaws to be made by a local authority—

(a) under this Act,

(b) under any other enactment whenever passed, and whether local or otherwise, conferring on a local authority a power to make byelaws, or

(c) under any enactment which incorporates or applies any of the following enactments—

(i) section 57 of the [1889 c. 50.] Local Government (Scotland) Act 1889;

(ii) sections 317 to 323 of the [1892 c. 55.] Burgh Police (Scotland) Act 1892;

(iii) sections 183 to 187 of the [1897 c. 38.] Public Health (Scotland) Act 1897;

(iv) sections 301 to 303 of the 1947 Act.

(2) Unless the enactment under which the byelaws are made specifically provides otherwise, any such byelaws may apply only to a part of the area of a local authority, and different byelaws may apply to different parts of the area.

(3) The byelaws shall be authenticated by being sealed with the common seal of the local authority and signed by the proper officer of the authority, and shall not have effect until they are confirmed by the confirming authority.

(4) At least one month before application for confirmation of the byelaws is made, notice of the intention to apply for confirmation, of the place where a copy of the byelaws may be inspected and of the authority to whom objections may be notified shall be given in a newspaper circulating in the area to which the byelaws are to apply or in such other manner as the confirming authority on the application of the local authority may determine to be sufficient in the circumstances.

(5) For at least one month before application for confirmation is made, a copy of the byelaws shall be deposited at the offices of the local authority by whom the byelaws are made and shall at all reasonable hours be open to public inspection without payment.

(6) The local authority by whom the byelaws are made shall on application furnish to any person a copy of the byelaws or of any part thereof on payment of such sum, not exceeding 10p for every hundred words contained in the copy, as the authority may determine.

(7) Any person aggrieved by any byelaws may, within one month after notice has been published in accordance with the provisions of subsection (4) above, notify in writing his objection and the ground of his objection to the confirming authority.

(8) Before confirming byelaws, the confirming authority shall take into consideration any objections received by them and may, if they consider it necessary or desirable, hold a local inquiry or cause a local inquiry to be held.

(9) Unless the Secretary of State shall otherwise direct, every inquiry with respect to byelaws made under any provision of this Act or of the [1892 c. 55.] Burgh Police (Scotland) Acts 1892 and [1903 c. 33.] 1903 shall be held by the sheriff.

(10) The confirming authority may confirm with or without modification or refuse to confirm any byelaws submitted under this section for confirmation and may fix the date on which the byelaws are to come into operation, and if no date is so fixed the byelaws shall come into operation at the expiration of one month from the date of their confirmation.

(11) The local authority shall, as soon as practicable after receiving intimation of the confirmation of the byelaws by the confirming authority, cause a notice of such confirmation, of the date on which the byelaws are to come into operation, and of the place where a copy of the byelaws as confirmed may be inspected, to be given in a newspaper circulating in the area to which the byelaws are to apply or in such other manner as the confirming authority on the application of the local authority may determine to be sufficient in the circumstances.

(12) A copy of the byelaws when confirmed shall be printed and deposited at the offices of the local authority by whom the byelaws are made and shall at all reasonable hours be open to public inspection without payment, and a copy thereof shall on application be furnished to any person on payment of such sum not exceeding 20p for every copy as the authority may determine.

(13) The proper officer of a district council shall send a copy of every byelaw made by the council, and confirmed, to the proper officer of the council of the region to which it applies; and the proper officer of a regional council shall send a copy of every byelaw made by that council, and confirmed, to the proper officer of the council of any district to which it applies.

(14) The provisions of this section shall apply, subject to any necessary modifications, in the case of byelaws made by any authority other than a local authority under any enactment passed before the coming into force of this Act and incorporating or applying any of the enactments set out in subsection (1)(c) above.

(15) In this section "the confirming authority" means the authority or person, if any, specified in the enactment (including any enactment in this Act) under which the byelaws are made, or in any enactment incorporated therein or applied thereby, as the authority or person by whom the byelaws are to be confirmed, or if no authority or person is so specified, means the Secretary of State:

Provided that, notwithstanding that a local Act specifies otherwise, the confirming authority in relation to byelaws made under any local Act shall be the Secretary of State.

203 Offences against byelaws

Byelaws made by a local authority, and for which specific provision is not otherwise made, may provide that persons contravening the byelaws shall be liable on summary conviction to a fine not exceeding such sum as may be fixed by the enactment conferring the power to make the byelaws, or, if no sum is so fixed, the sum of £20, and in the case of a continuing offence a further fine not exceeding such sum as may be fixed as aforesaid, or, if no sum is so fixed, the sum of £5 for each day during which the offence continues after conviction thereof.

204 Evidence of byelaws

The production of a copy of a byelaw purporting to be made by a local authority upon which is endorsed a certificate purporting to be signed by the proper officer of the authority stating—

(a) that the byelaw was made by the authority ;

(b) that the copy is a true copy of the byelaw ;

(c) that on a specified date the byelaw was confirmed by the authority named in the certificate or, as the case may require, was sent to the Secretary of State and has not been disallowed;

(d) the date, if any, fixed by the confirming authority for the coming into operation of the byelaw ;

shall be sufficient evidence of the facts stated in the certificate, and without proof of the handwriting or official position of any person purporting to sign a certificate in pursuance of this section.

Miscellaneous provisions

205 Lieutenants

(1) Her Majesty shall appoint for each region such number of lord-lieutenants as she thinks fit, shall appoint a lord-lieutenant for each islands area and may appoint lieutenants for each region and islands area.

(2) The Lord Provost of the cities of Aberdeen, Dundee, Edinburgh and Glasgow shall by virtue of his office be lord-lieutenant for the district of the city concerned and Her Majesty may appoint lieutenants for each such district.

(3) Lord-lieutenants and lieutenants appointed for a region under subsection (1) above shall discharge their functions in such parts of the region as may be determined by Order in Council made by Her Majesty.

(4) Any reference in any enactment passed before or during the same session as this Act or any instrument made before the passing of this Act to a lieutenant of a county shall be construed as a reference to the lord-lieutenant holding office for an area by virtue of this section.

(5) The persons appointed under section 32 of the [1882 c. 49.] Militia Act 1882 to act for the lord-lieutenant as vice-lieutenant shall be known as vice-lord-lieutenants and the references to deputy lieutenants in section 30(4) of that Act (displacement of deputy lieutenants) shall include references to vice-lord-lieutenants.

(6) The persons who may be appointed under section 31 of the said Act of 1882 to act as lord-lieutenant of an area or who may be appointed a vice-lord-lieutenant of an area under section 32 of that Act shall include a lieutenant for the area appointed under this section.

(7) Her Majesty may by Order in Council provide that any lieutenant holding office immediately before 16th May 1975 shall continue to hold office on and after that date as lord-lieutenant for such part of a region as may be specified in the Order or for an islands area.

(8) Any deputy lieutenant holding office immediately before that date shall continue to hold office on and after that date as deputy lieutenant of the part of the region, islands area or district of the city in which he resides or of such other area as may be specified in an order made by the Secretary of State.

(9) Where an Order in Council is made in pursuance of subsection (3) above, any deputy lieutenant holding office immediately before the date on which the Order in Council is made shall continue to hold office on and after that date as deputy lieutenant of the part of the region in which he resides or of such other part as may be specified in the Order in Council.

(10) Subsections (7) to (9) above shall not prejudice any power of removal or of directing removal from any office.

(11) In this section " region " does not include the districts of the cities of Aberdeen, Dundee, Edinburgh and Glasgow.

206 Admission of honorary freemen

(1) An islands or district council may, by resolution passed by not less than two-thirds of the members voting thereon at a meeting of the council the notice of which specifies the proposed admission as an item of business, admit to be honorary freemen of the islands area or district persons of distinction and any persons who have rendered eminent service to the islands area or district.

(2) An officer designated for the purpose by the islands or district council shall keep a roll containing the names of persons admitted to be freemen under this section.

207 Limitation of rights of freemen

Nothing in this Part of this Act shall—

(a) confer any right of membership or any right or interest in the properties, funds, revenues or privileges of any guild or incorporation of crafts; or

(b) confer any right or interest in any burgess acres or any grazing rights connected therewith, or affect the law or practice existing at the commencement of this Act with reference to the use, enjoyment and administration of any such burgess acres or grazing rights.

208 Provisions as to Sundays, etc.

(1) Where the day or the last day on which anything is required or permitted by or in pursuance of this Act to be done is a Sunday, Christmas Day, New Year's Day, Good Friday, bank holiday, or a public holiday, or a day appointed for public thanksgiving or mourning, the requirement or permission shall be deemed to relate to the first day thereafter which is not one of the days before mentioned, but, save as aforesaid or as otherwise expressly provided in this Act, in reckoning a number of days for the purposes of this Act, the days before specified shall not be excluded.

(2) Where under the foregoing provisions of this section an election is postponed, the day on which the election is held shall be treated as the day of election for all purposes of this Act relating to that election:

Provided that where a day is declared to be a bank holiday or day of public thanksgiving or mourning, nothing in this subsection shall affect the validity of any act done in relation to an election before or on the date of the declaration.

PART XII Miscellaneous, General and Transitional

Miscellaneous

209 Removal or relaxation of controls affecting certain local authority functions

(1) For the purpose of removing or relaxing controls which affect the exercise by local authorities of certain functions, including limits imposed on the amount of the fees which may be charged by local authorities in connection with the issue of licences and the exercise of other functions, the enactments specified in Schedule 25 to this Act shall have effect subject to the amendments set out in that Schedule.

(2) Without prejudice to subsection (1) above, the Secretary of State may by order made by statutory instrument make provision for the removal or relaxation of any control, including any such limit as is referred to in subsection (1) above, which affects the exercise of any function by a local authority and which is conferred by or under any enactment on a Minister of the Crown or a body constituted by or under any enactment.

(3) An order made under this section may contain such incidental or consequential provisions as appear to the Secretary of State to be appropriate, including provisions amending or repealing or revoking, with or without savings, any enactment passed before this Act and any instrument made under any such enactment.

(4) A statutory instrument containing an order under this section shall be of no effect unless approved by a resolution of each House of Parliament.

(5) In this section " local authority" includes a Passenger Transport Executive.

210 Power to direct inquiries

(1) Where any Minister is authorised by this Act to determine any difference, to make or confirm any order, to frame any scheme, or to give any consent, confirmation, sanction or approval to any matter, or otherwise to act under this Act or under any other enactment, or where the Secretary of State is authorised to hold an inquiry, either under this Act or under any other enactment relating to the functions of a local authority, he may cause a local inquiry to be held.

(2) Except as otherwise provided in any enactment, the Minister may appoint an officer of his Department or any other person to conduct the inquiry and to report thereon to him.

(3) The person appointed to hold the inquiry shall cause notice of the time and place of the inquiry to be given to the bodies and persons appearing to him to be interested.

(4) For the purpose of any such local inquiry, the person appointed to hold the inquiry may by notice in writing require any person to attend, at a time and place stated in the notice, to give evidence or to produce any books or other documents in his custody or under his control which relate to any matter in question at the inquiry, and may take evidence on oath, and for that purpose administer oaths:

Provided that—

(a) no person shall be required, in obedience to such a notice, to attend to give evidence or to produce any such books or other documents, unless the necessary expenses of his attendance are paid or tendered to him ; and

(b) nothing in this subsection shall empower the person holding the inquiry to require any person to produce any book or document or to answer any question which he would be entitled on the ground of privilege or confidentiality, to refuse to produce or to answer if the inquiry were a proceeding in a court of law.

(5) Any person who refuses or wilfully neglects to attend in obedience to a notice under this section to give evidence or who wilfully alters, supresses, conceals, destroys or refuses to produce any book or other document which he is required or is liable to be required to produce for the purposes of this section shall be liable on summary conviction to a fine not exceeding £20 or to imprisonment for a term not exceeding three months, or to both.

(6) The Minister causing the inquiry to be held may, if he thinks fit, pay such expenses of witnesses and such expenses of or concerning the production of any books or other documents as to him seems reasonable, and such expenses shall be deemed to be part of the expenses of the inquiry.

(7) The expenses incurred by a Minister in relation to any such inquiry (including such reasonable sum as he may determine for the services of any officer of a Government Department engaged in the inquiry) shall, unless he is of opinion having regard to the object and result of the inquiry that the expenses should be defrayed in whole or in part by him, be paid by such local authority or party to the inquiry as he may direct, and the Minister may certify the amount of the expenses so incurred, and any sum so certified and directed by him to be paid to him by any authority or person shall be a debt due by that authority or person to the Crown and shall be recoverable accordingly.

(8) The Minister causing an inquiry to be held may make an award as to the expenses of the parties at the inquiry, and as to the parties by whom such expenses shall be paid.

(9) This section shall not apply in the case of a local inquiry held under any enactment where the enactment contains provisions with regard to such inquiries.

211 Provision for default of local authority

(1) If a complaint is made to the Secretary of State or any appropriate Minister that a local authority have failed to do what is required of them by or under this Act or any other enactment or the Secretary of State or that Minister is of opinion that an investigation should be made as to whether a local authority have so failed, he may cause a local inquiry to be held into the matter.

(2) If after such a local inquiry the Secretary of State or appropriate Minister is satisfied that there has been such a failure on the part of the authority in question, he may make an order declaring the authority to be in default and directing them for the purpose of remedying the default to take such steps and within such time or times as may be specified in the order.

(3) If the authority declared to be in default by such an order fail to comply with any requirement thereof within the time limited thereby for compliance with that requirement, the Court of Session may, on the application of the Lord Advocate on behalf of the Secretary of State or appropriate Minister, order specific performance of the functions in respect of which there has been default, and do otherwise as to the court appears to be just.

(4) Nothing in this section shall affect the provisions of any other enactment relating to the enforcement of a statutory duty whether under that enactment or otherwise.

212 Limitation of liability of certain owners

Where a local authority claim to recover any sum in respect of rates or otherwise under or in pursuance of any provision of this Act from a person as being the owner of premises and that person proves that he—

(a) is receiving the rent merely as trustee, tutor, curator, factor or agent for some other person; and

(b) has not, and since the date of the service on him of the demand for payment has not had, in his hands on behalf of that other person sufficient money to discharge the whole demand of the authority,

his liability should be limited to the total amount of the money which he has or has had in his hands as aforesaid.

213 Tweed Fisheries Commissioners

(1) On 16th May 1975 each person holding office as a representative commissioner under the [1969 c. xxiv.] Tweed Fisheries Act 1969 shall go out of office.

(2) The function of appointing representative commissioners under the said Act of 1969 shall be transferred to the district councils of Berwickshire, Roxburgh, Ettrick and Lauderdale and Tweeddale and the Berwick on Tweed District Council.

(3) The said Act of 1969 shall have effect subject to the amendments set out in Schedule 26 to this Act.

General

214 Consequential and minor modifications and amendments

(1) As from 16th May 1975 Part I of Schedule 27 to this Act shall have effect for the purpose of making general adaptations of enactments, being adaptations which are consequential on the foregoing provisions of this Act.

(2) As from that date the enactments specified in Part II of that Schedule shall have effect subject to the modifications and amendments set out in the said Part II, being modifications and amendments which are consequential on the foregoing provisions of this Act and minor amendments.

215 Consequential and supplementary provisions

(1) The Secretary of State or any appropriate Minister may at any time, whether before or after 16th May 1975, by order make such incidental, consequential, transitional or supplementary provisions as may appear to him—

(a) to be necessary or proper for the general or any particular purposes of this Act or in consequence of any of the provisions thereof or for giving full effect thereto ; or

(b) to be necessary or proper in consequence of such of the provisions of any other Act passed in the same session as this Act as apply to any area or authority affected by this Act;

and nothing in any other provision of this Act shall be construed as prejudicing the generality of this subsection.

(2) An order under this section may in particular make provision, in the case of any body, person, funds or matter affected by this Act, for the transition from the provisions of any enactment to the provisions of this Act, but nothing in that order shall be inconsistent with any provision of this Act.

(3) Subject to subsection (5) below any of the following things done or treated by virtue of any enactment as having been done by or to or in relation to an existing local authority in connection with the discharge of any of their functions, that is to say—

• any written agreement or other instrument in writing or any determination or declaration made or treated as made by such an authority,

• any notice or direction given or treated as given by or to such an authority,

• any licence, permission, consent, approval, exemption, dispensation or relaxation granted or treated as granted by or to such an authority,

• any application, proposal or objection made or treated as made by or to such an authority,

• any condition or requirement imposed or treated as imposed by or on such an authority, or

• any appeal allowed by or in favour of or against such an authority,

shall, as from 16th May 1975, be treated as having been done by, to or in relation to the new local authority by whom those functions become exercisable on and after that date by or by virtue of this Act, and any such thing shall as from that date have effect as if any reference therein to a specified existing local authority by whom those functions were exercisable before that date were a reference to the new local authority by whom those functions become exercisable.

(4) If there is any doubt as to the identity of a local authority to whom any particular functions are so transferred, that authority shall be taken to be such authority as may be specified in a direction given by a Minister of the Crown concerned with the discharge of those functions.

(5) Subsection (3) above is without prejudice to any express provision made by, or by any instrument made under, this Act, but has effect subject to any provision to the contrary so made and in particular may be excluded from applying, either wholly or to any specified extent, in any particular case by an order made by the Secretary of State by statutory instrument.

(6) Section 25 of this Act shall apply for the purposes of Part I and of this Part of this Act as if any reference to an order under Part II of this Act included a reference to any provision of Part I of this Act or to any provision of any instrument made under the said Part I or this Part of this Act, but any agreement made by virtue of this subsection may only be made by new local authorities and after 16th May 1975.

(7) In this section, " existing local authority" includes a joint committee, joint board and a water board.

(8) Any statutory instrument containing an order under this section shall be subject to annulment in pursuance of a resolution of either House of Parliament.

216 Transfer of officers

(1) An order or regulations under section 24, or an order under section 215, of this Act may contain provisions as to the transfer of any person who is, on such date as may be specified in relation to him in the order or by or under the regulations, the holder of any office or employment and who is affected by any provision of, or of any instrument made under, this Act and shall contain provision for the protection of the interests of such persons.

(2) In the case of any person who on 15th May 1975 is in the employment of one or more local authorities who are or include an authority which ceases to exist by virtue of Part I of this Act, the Secretary of State shall by order make such provision as is necessary to ensure that, to the extent, if any, to which, by reason only of the said Part I of this Act, that person would apart from the order cease on 16th May 1975 to be in such employment, that person is transferred on 16th May 1975 to the employment of such local authority as may be specified in or determined under the order.

(3) Any such order or regulations as is or are referred to in subsection (1) or (2) above shall include such provision with respect to any person who is transferred by or under the order or regulations from the employment of one authority to that of another so as to secure that—

(a) so long as he continues in the employment of that other authority by virtue of the transfer and until he is served with a statement in writing referring to the order or regulations and specifying new terms and conditions of employment, he enjoys terms and conditions of employment not less favourable than those which he enjoyed immediately before the date of transfer; and

(b) the said new terms and conditions are such that—

(i) so long as he is engaged in duties reasonably comparable to those in which he was engaged immediately before the date of transfer, the scale of his salary or remuneration, and

(ii) the other terms and conditions of his employment,

are not less favourable than those which he enjoyed immediately before the date of transfer.

(4) Subsections (2) and (3) above shall apply in relation to any joint committee, joint board, water board or prescribed association of local authorities the constituent members of which include councils falling within subsection (2) above which ceases to exist by virtue of this Act as they apply to a local authority which ceases to exist by virtue of Part I of this Act.

(5) A statutory instrument containing an order under subsection (2) above shall be subject to annulment in pursuance of a resolution of either House of Parliament.

217 Continuity of employment in cases of voluntary transfer

(1) This section applies to a person if—

(a) at some time before 16th May 1975, or on that date but otherwise than by virtue of provision made by an order under section 216 above, he enters the employment of a new local authority (in this section referred to as " his new employment"), and

(b) had he continued until 16th May 1975 in the employment (in this section referred to as " his previous employment") which he last held before he entered his new employment or (if he did so continue) had he then ceased to be in that employment by reason only of Part I of this Act, provision would have been made by an order under section 216(2) of this Act for his transfer on that date to the employment of a specified local authority.

(2) Where this section applies to a person, then for the purposes of section 28 of the [1971 c. 72.] Industrial Relations Act 1971 (qualifying period for protection from unfair dismissal) and section 1 of the [1972 c. 53.] Contracts of Employment Act 1972 (minimum periods of notice)—

(a) the period of employment in his previous employment shall count as a period of employment in his new employment, and

(b) the change of employment shall not break the continuity of the period of employment.

218 Staff commission for Scotland

(1) The Secretary of State, after consulting with such bodies representative of existing local authorities or of staff employed by such local authorities as appear to him to be concerned, shall, not later than one month after the passing of this Act, establish a staff commission for Scotland for the purpose of—

(a) considering and keeping under review the arrangements for the recruitment of staff by relevant authorities and for the transfer in consequence of the provisions of this Act or any instrument made under it of staff employed by relevant authorities which cease to exist by virtue of Part I of this Act;

(b) considering such staffing problems arising in consequence of, and such other matters relating to staff employed by any body affected by, any provision of, or of any instrument made under, this Act as may be referred to the commission by the Secretary of State ; and

(c) advising the Secretary of State on the steps necessary to safeguard the interests of such staff.

(2) The Secretary of State shall be deemed to have consulted the bodies mentioned in subsection (1) above for the purposes of that subsection if he has consulted before the passing of this Act bodies representative of existing local authorities or of staff employed by them.

(3) The Secretary of State may give directions to the staff commission as to their procedure and to any relevant authority with respect to the furnishing of any information requested and the implementation of any advice given by the commission and with respect to the payment by a new local authority of any expenses incurred by the commission in doing anything requested by the authority.

(4) Any expenses incurred by the staff commission under this section and not recovered from a local authority shall be paid by the Secretary of State.

(5) Schedule 1 to the [1957 c. 20.] House of Commons Disqualification Act 1957 (offices disqualifying from membership) shall have effect, in its application to the House of Commons of the Parliament of the United Kingdom, as if in Part II, in the appropriate place in alphabetical order, there were inserted the entry—

• “The staff commission for Scotland established under section 218 of the Local Government (Scotland) Act 1973.”

(6) In this section " relevant authority " means a local authority within the meaning of the 1947 Act or this Act, a joint committee, joint board, river purification board, water board or a Passenger Transport Executive established under section 9(1) of the [1968 c. 73.] Transport Act 1968 or an association of local authorities the constituent members of which include any such local authority as aforesaid.

219 Compensation for loss of office

(1) The Secretary of State shall by regulations provide for the payment by such person as may be prescribed by or determined under the regulations of compensation to or in respect of persons who are, or who but for any such service by them as may be so prescribed would be, the holders of any such office or employment as may be so prescribed and who suffer loss of employment or loss or diminution of emoluments which is attributable to any provision of this Act or of any instrument made under this Act.

(2) Regulations under this section may—

(a) include provision as to the manner in which and the person to whom any claim for compensation is to be made, and for the determination of all questions arising under the regulations,

(b) make different provision for different classes of persons and for other different circumstances and make or authorise the Secretary of State to make exceptions and conditions,

(c) be framed so as to have effect from a date earlier than the making of the regulations,

but so that regulations having effect from a date earlier than the date of their making shall not place any individual in a worse position than he would have been in if the regulations had been so framed as to have effect only from the date of their making.

(3) Without prejudice to subsection (1) above, regulations under this section may make provision in relation to persons who are or, but for any such service by them as may be prescribed, would be employees of any such association of local authorities or of committees of local authorities as may be prescribed and who suffer loss of employment or loss or diminution of emoluments which is attributable to the reorganisation of local government effected by this Act; and, without prejudice to subsection (2) above, regulations under this section making any such provision may provide that any compensation paid under the regulations by the Secretary of State shall be recoverable by him in accordance with the regulations from such association or other body as may be prescribed by or determined under the regulations.

(4) Any statutory instrument containing regulations under this section shall be subject to annulment in pursuance of a resolution of either House of Parliament.

220 Provision for early retirement in lieu of compensation for loss of office

(1) In order to facilitate the early retirement of certain persons who might otherwise suffer such loss of employment or loss or diminution of emoluments as is referred to in section 220 of this Act, any person who—

(a) is the holder of any such office or is in any such employment as may be prescribed for the purposes of this subsection, and

(b) attains or has attained the age of fifty on or before 15 May 1975, and

(c) fulfils such other conditions as may be prescribed,

may by notice given before the prescribed date and in the prescribed manner elect that this section shall, and that section 219 of this Act shall not, apply to him.

(2) Where any person has made an election under subsection (1) above, then unless, within the period of one month beginning on the day on which the notice of election is given, notice of objection to that election has been given to him by the body under whom he holds office or by whom he is employed, this section shall, and section 219 of this Act shall not, apply to him on his retirement within the prescribed period and before attaining the normal retiring age.

(3) Subject to subsection (4) below, the Secretary of State shall, by regulations, provide for the payment by such person as may be prescribed by or determined under the regulations to or in respect of a person to whom this section applies of benefits corresponding, as near as may be, to those which would have been paid to or in respect of that person under the relevant superannuation scheme if—

(a) at the date of his retirement he had attained the normal retiring age; and

(b) the actual period of his reckonable service were increased by such period as may be prescribed, being a period not exceeding the period beginning on the date of his retirement and ending on the date on which he would attain the normal retiring age.

(4) Regulations under subsection (3) above shall be so framed as to secure that the sums which would otherwise be payable under the regulations in accordance with that subsection to or in respect of any person are reduced to take account of any benefits payable to or in respect of him under the relevant superannuation scheme.

(5) Any sums payable under regulations made under subsection (3) above shall be treated for the purposes of section 73 of the [1972 c. 41.] Finance Act 1972 (compensation for loss of office or employment chargeable to tax as a payment made on retirement or removal from office or employment) in like manner as compensation paid under section 219 of this Act.

(6) In this section—

• " normal retiring age " means—

  (a)

  in relation to any person to whom an age of compulsory retirement applies by virtue of the relevant superannuation scheme, that age, and

  (b)

  in relation to any other person the age of sixty-five in the case of a man and sixty in the case of a woman, or, in either case, such other age as may be prescribed;

• " reckonable service ", in relation to any person, means service in respect of which benefits are payable under the relevant superannuation scheme ; and

• " relevant superannuation scheme ", in relation to any person, means the instrument which is applicable in the case of his office or employment and which makes provision with respect to the pensions, allowances or gratuities which, subject to the fulfilment of certain requirements and conditions, are to be, or may be, paid to or in respect of persons in that office or employment.

(7) A statutory instrument containing regulations under this section shall be subject to annulment in pursuance of a resolution of either House of Parliament.

221 Remuneration of employees of existing local authorities

(1) For the purposes of this section the Secretary of State may designate such body appearing to him to be representative of local authorities as he considers appropriate (in this section referred to as " the advisory body ") to consider any increase made or proposed to be made by an existing local authority in the remuneration of any of their employees.

(2) For the purpose of enabling them to carry out their functions under this section, the advisory body shall consult and seek information from new and existing local authorities and, if requested to do so by the advisory body, the Secretary of State may give a direction to any such local authority requiring them to furnish to the advisory body such information as may be specified in the direction relating to the remuneration and other terms and conditions of employment of such employees of the local authority as may be so specified.

(3) If it appears to the advisory body that an existing local authority have fixed or propose to fix for any employee or class of employee of theirs a rate of remuneration which, having regard to any recommended levels of remuneration formulated on a national basis by representatives of local authorities and employees of local authorities, is greater than that which the advisory body considers appropriate for that employee or class of employees, they shall notify the local authority concerned and recommend to them the rate of remuneration which should be paid to the employee or class of employees concerned.

(4) If it appears to the advisory body that an existing local authority to whom they have made a recommendation under subsection (3) above are not complying with that recommendation, then, after giving notice in writing to the local authority concerned of their intention to do so, they may refer the matter to the Secretary of State, and on such a reference the Secretary of State, after consultation with such persons appearing to him to be representative of local authorities and of employees of local authorities as he considers appropriate in relation to the employee or class of employees concerned, may give a direction to that local authority requiring them, with effect from such date as may be specified in the direction (not being earlier than the date on which notice was given to them by the advisory body), to pay such employee or class of employees of theirs as was the subject of the recommendation and as may be so specified remuneration at the rate recommended by the advisory body under subsection (3) above and specified in the direction.

(5) It shall be the duty of any local authority to whom a direction is given under subsection (2) or subsection (4) above to comply with the direction.

(6) If at any time in the period of three months beginning on 16th May 1975 it appears to the advisory body that the remuneration paid at any time before that date to any employee or class of employees of an existing local authority was such that, if that authority had not ceased to exist, the advisory body would have made a recommendation to the authority under subsection (3) above or, having made such a recommendation before that date, would have referred the matter to the Secretary of State under subsection (4) above, they shall notify the Secretary of State and report to him the rate of remuneration which in their opinion should have been paid to the employee or class of employees concerned immediately before 16th May 1975 or such earlier date as may be specified in the report, being the date on which the employee or employees ceased to be employed by the local authority concerned.

(7) On receiving a report under subsection (6) above the Secretary of State may, after such consultation as is specified in subsection (4) above, by order provide that, for the purposes of the provisions of this Act relating to transfer of officers and compensation for loss of office, the employee or class of employees to whom the report relates and who are specified in the order shall be deemed to have been receiving, immediately before 16th May 1975 or such earlier date as may be specified in the report, remuneration at the rate stated in the report and specified in the order, but no order shall be made under this subsection after the end of October 1975.

(8) Nothing in this section—

(a) shall apply to the remuneration payable to teachers by education authorities, or

(b) shall empower the Secretary of State to give a direction requiring a local authority to pay any employee, or to make an order deeming any employee to have been receiving remuneration at a rate below that to which he was entitled on 1st April 1973.

(9) In this section, " existing local authority" includes a joint committee, joint board, river purification board and a water board.

222 Transfer of property

(1) The Secretary of State shall by order provide that all property vested on 15th May 1975 in one or more existing relevant authorities, other than property which is subject to the provisions of section 128 or 223 of this Act or property mentioned in subsection (2) below, shall on 16th May 1975 be transferred to and vest in such new relevant authority as may be specified in or determined under the order.

(2) The Secretary of State shall by order provide that all property held as part of the common good by an existing local authority on 15th May 1975 shall on 16th May 1975 be transferred to and vest in such islands or district council as may be specified in or determined under the order, and those councils, other than the district councils of Aberdeen, Dundee, Edinburgh and Glasgow, shall, in administering that property, have regard to the interests of the inhabitants of the area to which the common good formerly related.

(3) The district councils of Aberdeen, Dundee, Edinburgh and Glasgow shall, in administering the property transferred to them by virtue of subsection (2) above, have regard to the interests of all the inhabitants of their districts.

(4) An order under this section may contain such incidental, consequential, transitional or supplementary provisions as appear to the Secretary of State to be necessary or expedient for the purposes of the order.

(5) A statutory instrument containing an order under this section shall be subject to annulment in pursuance of a resolution of either House of Parliament.

223 Property held on trust

(1) All property held on trust immediately before 16th May 1975 by

(a) an existing local authority, or

(b) a councillor and a specified officer of an existing local authority,

shall on that day be transferred to and vest (subject to the same trust) in the appropriate islands or district council.

(2) The council in whom property is vested by virtue of subsection (1) above shall nominate a sufficient number of their councillors to act as trustees of that property and in so doing shall have regard to the terms of the trust deed ; and where the property is held immediately before 16th May 1975 by the persons mentioned in subsection (1)(b) above, the council shall nominate the proper officer as one of the trustees.

(3) All property held on trust immediately before 16th May 1975 by a specified officer of an existing local authority shall on that day be transferred to and vest (subject to the same trust) in the proper officer of the appropriate islands or district council.

(4) Where, immediately before 16th May 1975, property is held on trust by the holder of an office, whether as a councillor or a specified officer, connected with an existing local authority or existing local authorities and any other person, the appropriate islands or district council or (where the area to which the trust relates comprises the areas of more than one existing local authority) the appropriate islands or district councils shall, on the application of the trustees, nominate a sufficient number of their councillors to act in place of such holder and in so doing shall have regard to the terms of the trust deed, and, where the terms of the trust deed so require, the said council or councils shall nominate the proper officer as one of the trustees.

(5) In this section " appropriate islands or district council" means, in relation to an existing local authority, the islands or district council whose area comprises the whole or the greater part of the area of the existing local authority, and " appropriate islands or district councils " shall be construed accordingly.

(6) This section shall not apply to property which is subject to section 128 of this Act.

224 Property commission for Scotland

(1) The Secretary of State, after consulting with such bodies representative of existing local authorities as appear to him to be concerned, shall, not later than one month after the passing of this Act, establish a property commission for Scotland for the purpose of—

(a) assisting existing relevant authorities to identify property to be transferred to new relevant authorities ;

(b) advising the Secretary of State on the general principles on which such property should be transferred;

(c) playing such further part in the process of transfer of such property as may be specified in an order made under section 222 of this Act.

(2) The Secretary of State shall be deemed to have consulted the bodies mentioned in subsection (1) above for the purposes of that subsection if he has consulted those bodies before the passing of this Act.

(3) The Secretary of State may give directions to the property commission as to their procedure and to any existing or new relevant authority with respect to the furnishing of any information requested and the implementation of any advice given by the commission.

(4) Any expenses incurred by the property commission under this section shall be paid by the Secretary of State.

(5) Schedule 1 to the [1957 c. 20.] House of Commons Disqualification Act 1957 (offices disqualifying from membership) shall have effect, in its application to the House of Commons of the Parliament of the United Kingdom, as if in Part II, in the appropriate place in alphabetical order, there were inserted the entry—

• “The property commission for Scotland established under section 224 of the Local Government (Scotland) Act 1973.”

(6) In this section and in section 222 of this Act—

(a) " property " means any property, heritable or moveable, other than a security or balance in a fund, and all interests, rights and liabilities in or relating to property ;

(b) " relevant authority " means a local authority within the meaning of the 1947 Act or this Act, as the context may require, a joint committee, river purification board or water board or an association of local authorities the constituent members of which include any such local authority as aforesaid.

(7) In the foregoing provisions of this Part of this Act " water board " means a regional water board or a water development board, or both, as the context may require.

225 Local Acts and instruments

(1) Subject to subsections (2) and (8) below, any local statutory provision to which this section applies and which is not continued in force by any other provision of this Act shall—

(a) notwithstanding the changes of administrative areas and local authorities effected by or under this Act and, in the case of an instrument made under any enactment, notwithstanding the repeal of that enactment, continue to apply on and after 16th May 1975 to, but only to, the area, things or persons to which or to whom it applies before that date;

(b) have effect subject to any necessary modifications and to the modifications made by subsection (3) below;

but the continuation by this subsection of an instrument made under any enactment shall not be construed as prejudicing any power to vary or revoke the instrument which is exercisable apart from this subsection.

(2) Subsection (1) above shall have effect subject to the provisions of—

(a) this Act, other than Part I of Schedule 27 ;

(b) any Act passed after this Act and before 16th May 1975; and

(c) any order made under section 215 of this Act or the following provisions of this section.

(3) Any local statutory provision to which this section applies and which relates to functions exercisable by a local authority of any description by virtue of any public general enactment shall have effect as if for any reference to the authority by whom the functions are exercised immediately before 16th May 1975 there were substituted a reference to the authority by whom those functions are exercisable on and after that date.

(4) Subsection (3) above shall not come into force until 16th May 1975 and shall have effect subject to any provision to the contrary made by, or by any instrument made under, this Act and, without prejudice to the foregoing, the Secretary of State may by order provide for the exercise of functions conferred by any local statutory provision to which this section applies and exclude the operation of that subsection where it would otherwise conflict with any provision of the order.

(5) Where any local statutory provision is continued in force in any area by subsection (1) above or is amended or modified in its application to any area by an order under section 215 of this Act, the Secretary of State or any appropriate Minister may by that order, or in the case of a provision continued as aforesaid, by an order under this subsection—

(a) extend the provision throughout the new local government area in which it is continued in force;

(b) provide that that provision as so continued, amended, modified or extended shall have effect in that area to the exclusion of any enactment for corresponding purposes, including any enactment contained in or applied by this Act;

(c) make such modifications of any such enactment in its application to that area as will secure that the enactment will operate harmoniously with the said provision in that area;

(d) repeal or revoke any local statutory provision to which this section applies and which appears to the Secretary of State or that Minister to have become spent, obsolete or unnecessary or to have been substantially superseded by any enactment or instrument which applies or may be applied to the area, persons or things to which or to whom that provision applies;

(e) transfer to any authority appearing to the Secretary of State or that Minister to be appropriate any functions of an existing local authority under a local statutory provision to which this section applies which are not to become functions of some other authority under any provisions of this Act except section 215 of this Act and this section, or under any other instrument made under this Act, being functions exercisable by any existing local authority abolished by this Act;

(f) without prejudice to paragraph (e) above, make such modifications of any local statutory provision to which this section applies in its application to any new local government area as appear to the Secretary of State or that Minister to be expedient.

(6) All local statutory provisions to which this subsection applies shall cease to have effect at the end of 1979, but—

(a) the Secretary of State or any appropriate Minister may by order exempt any such provision from the foregoing provision of this subsection ;

(b) the Secretary of State may from time to time by order postpone the date on which all local statutory provisions applying to the whole or part of any local government area, so far as they so apply, are to cease to have effect under this subsection.

(7) An instrument containing an order under subsection (5) or (6) above shall be subject to annulment in pursuance of a resolution of either House of Parliament.

(8) Any local statutory provision relating to valuation or the determination, levying, collection or recovery of rates shall cease to have effect:

Provided that this subsection shall not affect the operation of section 19(2) of the [1949 c. 31.] Water (Scotland) Act 1949 (domestic water rate payable at reduced rate in certain cases).

(9) This section applies to any local statutory provision in force immediately before 16th May 1975 and not expressly repealed or revoked by this Act, and subsection (6) above applies to the following statutory provisions—

(a) a provision of a local Act, the Bill for which was promoted by a local authority ;

(b) a provision of an Act confirming a provisional order made on the application of a local authority;

(c) a provision of an order made on such an application which was subject to special parliamentary procedure;

not being a provision relating to a statutory undertaking or a protective provision for the benefit of any person.

(10) In subsection (9) above " local authority " means—

(a) a council of a county, county of city, burgh or district;

(b) any body which immediately after the coming into force of the enactment which constituted the body exercised functions which immediately before 16th May 1975, were exercised by one of the councils referred to in paragraph (a) above ;

and " statutory undertaking " means any railway, light railway, tramway, road transport, water transport, canal, inland navigation, ferry, dock, harbour, pier or lighthouse undertaking, any market undertaking or any undertaking for the supply of electricity, gas, hydraulic power, water or district heating.

226 Existing joint boards

(1) Subject to the following provisions of this section, where an existing joint board, every member of which is appointed by a local authority, was constituted by or under any enactment for exercising functions for any area, then, notwithstanding the change of areas and authorities effected by Part I of this Act, the board shall continue to exist on and after 16th May 1975 and to exercise for that area the same functions as before that date (to the exclusion of new local authorities).

(2) Subsection (1) above shall not apply to a joint board constituted for an area which on 16th May 1975 will be wholly within the area of a single new local authority if the board was constituted for the purpose of exercising functions which on and after that date would (apart from the existence of the board) be exercisable by that local authority, whether or not the board has additional functions which, apart from this section, would not be so exercisable ; and accordingly in any such case—

(a) the functions of the board shall on 16th May 1975 become functions of that new local authority ; and

(b) the joint board shall cease to exist on that date.

(3) The continuation in existence of any area or body by this section shall not prejudice any power conferred by any enactment to amend or revoke the order constituting the area or body or the power to make provision with respect to the body conferred by section 215 of this Act.

(4) The following provisions shall have effect for the construction of references to a local statutory provision to which section 225 of this Act applies:—

(a) any reference to an existing joint board which ceases to exist by virtue of this section, or any reference which is to be construed as such a reference, shall be construed as a reference to the local authority by whom the functions of that board will become exercisable by virtue of this section ;

(b) any reference to a united district or other area the existing joint board for which ceases to exist by virtue of subsection (2) above, or any reference which is to be construed as such a reference, shall be construed as a reference to so much of the area of the new local authority by whom the functions formerly exercisable by the existing joint board become exercisable on 16th May 1975 as comprises the area for which the board acted.

(5) The foregoing provisions of this section shall have effect subject to any provision to the contrary made by, or by any instrument made under, this Act and shall be without prejudice to any express provision so made.

227 Abolition of Dean of Guild Court

On 16th May 1975 all dean of guild courts shall cease to exist, and unless otherwise provided, all powers, duties and responsibilities conferred on a dean of guild or a dean of guild court by or under any enactment shall thereafter be exercised by the authority responsible for building control in the area concerned.

228 Abolition of fiars courts for counties etc.

(1) The courts for striking the fiars prices for the counties of Scotland shall no longer be held, and accordingly no payment becoming due after the appointed day shall be calculated by reference to fiars prices.

(2) Subject to the provisions of section 12 of the [1924 c. 27.] Conveyancing (Scotland) Act 1924 (abolition and commutation of grain, etc. feuduties) the amount of any periodical payment becoming due after the appointed day which would, if it had become due immediately before that day, have fallen to be ascertained by reference to fiars prices, shall be a sum in money representing the average value of the payment due during the last three years before that day.

(3) In the event of the parties failing to reach agreement as to the commutation into money of any payment by reference to subsection (2) above, either party may apply to the sheriff for a decree declaring the commuted value in money of the payment.

(4) Where any payment, the amount of which falls to be ascertained by reference to subsection (2) above, is exigible from any person by virtue of an interest in land, the title to which may be recorded in the Register of Sasines, any agreement relative thereto and any decree pronounced under subsection (3) above shall, on being duly recorded in the appropriate register, be binding upon all persons having interest.

(5) Any valuation or question mentioned in subsection (4) of section 75 of the [1949 c. 75.] Agricultural Holdings (Scotland) Act 1949, falling to be decided by reference to a date after the appointed day, which would, if it had fallen to be decided by reference to a date immediately before that day, have been decided by reference to fiars prices, shall be decided in such manner as the parties may by agreement determine or, failing such agreement, shall, notwithstanding the provisions of that subsection, be decided by arbitration under that Act.

(6) In this section " the appointed day" means the day appointed under section 238 of this Act for the coming into operation of this section.

229 The Burgh Police (Scotland) Acts 1892 to 1911

(1) The Burgh Police (Scotland) Acts 1892 to 1911 shall cease to have effect at the end of 1979, and until that time those Acts shall have effect subject to the amendments set out in Schedule 28 to this Act, to the provisions of this section and of any order made thereunder.

(2) Subject to subsection (3) below, the said Acts of 1892 to 1911 shall continue to apply in those areas and to those things and persons in which, to which and to whom they at present apply.

(3) The Secretary of State may by order provide for the extension of any provision of the said Acts of 1892 to 1911 to such areas, things and persons as he may think fit, and, without prejudice to that generality, any such order may—

(a) extend the provision throughout a new local government area;

(b) provide that the provision shall have effect in such an area to the exclusion of any enactment for corresponding purposes;

(c) make such modifications of any such enactment in its application to such an area as will secure that the enactment will operate harmoniously with the said provision in that area;

(d) repeal or revoke any such enactment or instrument which appears to the Secretary of State to have become spent, obsolete or unnecessary, or to have been substantially superseded by any such provision ;

(e) transfer to any authority appearing to the Secretary of State to be appropriate any function of an existing local authority which is not to become a function of some other authority;

(f) make such modifications of the said provision in its application to a new local government area as appear to the Secretary of State to be expedient.

(4) An instrument containing an order under this section shall be subject to annulment in pursuance of a resolution of either House of Parliament.

230 Committees of existing local authorities

(1) Existing local authorities may establish, or the Secretary of State may require existing local authorities to establish, a committee in each region, islands area or district to consider any matter which it is expedient should be considered before the election of the council of the authority concerned in order to ensure the effective operation of that council on and after 16th May 1975.

(2) A committee established under this section shall consist of such number of representatives of the authorities by whom it is established as may be agreed between them or, in default of agreement, as may be determined by the Secretary of State.

(3) Any expenses incurred by a committee established under subsection (1) above shall be defrayed by the local authorities by whom the committee was established in such proportions respectively as may be agreed between them or, in default of such agreement, as may be determined by the Secretary of State.

231 Application to sheriff in cases of difficulty

(1) Where, from failure to observe any of the provisions of this Act or from any other cause, a difficulty arises in carrying into effect any of the provisions of this Act, or where in any case any question arises as to the procedure to be followed, or where any question arises in connection with the election of members of a local authority and no provision is made in this Act for meeting such difficulty or determining such question, it shall be lawful for the local authority or any seven local government electors for the area of the authority or the proper officer of the authority, or in the case of a question relating to an election of members of a local authority for the returning officer at the election, to make application to the sheriff setting forth the circumstances and after such intimation and inquiry as to the sheriff seems proper, the sheriff may give such directions as in his judgment will enable the provisions of this Act to be complied with as nearly as possible or determine the question as the case may be, and may make such order as seems proper to him with reference to the expenses in connection with the application and the persons by whom such expenses are payable.

(2) Subject to any order made by the sheriff, all expenses incurred in connection with any application under the preceding subsection shall be defrayed as part of the general expenses of the authority.

232 Provisions regarding applications to court

(1) Where any application to the sheriff under this Act is dealt with in the first instance by a sheriff other than the sheriff principal, it shall be competent to appeal to the sheriff principal against the decision of the sheriff within fourteen days after the date thereof, but subject thereto the decision of the sheriff principal or sheriff shall, except where otherwise specifically provided, be final.

(2) Where the area of a local authority is situated within more than one sheriffdom, any application to the sheriff under this Act shall be presented to the sheriffs principal of the sheriffdoms in which the area of the authority is situated.

(3) Where any application is presented to two or more sheriffs principal under this Act and they are unable to reach a unanimous decision, they shall state a case for the Court of Session and the Court may pronounce any deliverance which it would have been competent for the sheriffs to make.

233 Orders, rules and regulations

(1) Any power to make orders, rules or regulations conferred on any Minister by any provision of this Act, other than section 104(1), 211 or 221 shall be exercisable by statutory instrument.

(2) Any order under this Act may be varied or revoked by a subsequent order made in the like manner and subject to the same provisions.

(3) An order made by a Minister under this Act may contain such incidental, consequential and supplemental provisions as appear to the Minister by whom the order is made to be necessary or proper for bringing the order into operation and giving full effect thereto.

234 Expenses

There shall be defrayed out of moneys provided by Parliament—

(a) any expenses incurred by any Minister under this Act; and

(b) any increase attributable to the provisions of this Act in the sums payable out of moneys so provided under any other enactment.

235 General provisions as to interpretation

(1) In this Act, except where the context otherwise requires—

• " appropriate Minister ", with respect to any matter, means the Minister in charge of any Government Department concerned with that matter; but the validity of any order or regulation purporting to be made by any Minister by virtue of a power conferred on the appropriate Minister by this Act shall not be affected by any question as to whether or not that Minister was the appropriate Minister for the purpose ;

• " area ", in relation to a local authority, means a region, islands area or a district as the case may be ;

• " college council " and " school council " have the meanings assigned to them by section 125 of this Act;

• " education authority ", " educational establishment ", " further education " and " school " have the same meanings as in the [1962 c. 47.] Education (Scotland) Act 1962 ;

• " education committee " means a committee appointed under section 124 of this Act;

• " electoral area ", in relation to a region or islands area, means an electoral division and, in relation to a district, means a ward, within the meaning of section 5 of this Act;

• " enactment " includes an order, regulation, rule or other instrument having effect by virtue of an Act;

• " existing ", in relation to any authority, means that authority as they existed immediately before the passing of this Act;

• " financial year " has the meaning assigned to it by section 96(5) of this Act;

• " joint board " means a body corporate, constituted for the purposes of a combination of local authorities under this Act or by or under any other enactment, consisting exclusively of persons appointed by the local authorities;

• " joint committee " means a body, not being a body corporate, constituted for the purpose of a combination of local authorities under this Act or by or under any other enactment, consisting exclusively of persons appointed by the local authorities ;

• " land " includes land covered with water and any interest right or servitude in or over land ;

• " local authority " means a regional, islands or district council;

• " local statutory provision " means a provision of a local Act (including an Act confirming a provisional order) or a provision of a public general Act passed with respect only to the whole or part of an existing local government area or a provision of an instrument made under any such local or public general Act or of an instrument in the nature of a local enactment made under any other Act;

• " new ", in relation to any authority, means that authority as established by or under this Act;

• " 1947 Act " means the [1947 c. 43.] Local Government (Scotland) Act 1947;

• " prescribed " means prescribed by regulations made by the Secretary of State;

• " rating authority " has the meaning assigned to it by section 109(1) of this Act;

• " water authority " has the meaning assigned to it by section 148 of this Act.

(2) Any reference in this Act to a regional, islands or district council includes a reference to any combination of those councils.

(3) Any reference in this Act to a proper officer and any reference which by virtue of this Act is to be construed as such a reference shall, in relation to any purpose and any local authority or other body or any area, be construed as a reference to an officer appointed for that purpose by that body or for that area, as the case may be.

(4) In this Act, except where the context otherwise requires, references to any enactment shall be construed as references to that enactment as amended, extended or applied by or under any other enactment, including any enactment contained in this Act.

236 Savings

(1) Nothing in this Act shall affect the boundaries of the districts for the supply of electricity of the Scottish Electricity Boards within the meaning of the [1954 c. 60.] Electricity Reorganisation (Scotland) Act 1954.

(2) Nothing in sections 70 to 78 of this Act shall affect any provision relating to the acquisition by agreement or compulsorily, appropriation, letting or disposal of land, the erection of buildings or the execution of works by a local authority contained in any of the following enactments or any instrument made thereunder—

(a) The Burial Grounds Acts ;

(b) The Military Lands Acts 1892 to 1903 ;

(c) The [1902 c. 8.] Cremation Act 1902 ;

(d) The Housing (Scotland) Acts 1966 to 1973 ;

(e) The Water (Scotland) Acts 1946 to 1967 ;

(f) The Education (Scotland) Acts 1939 to 1973 ;

(g) The [1967 c. 77.] Police (Scotland) Act 1967;

(h) Any local Act.

(3) Any enabling provision contained in this Act shall be in addition to, and not in derogation of, any powers exercisable by Her Majesty by virtue of her royal prerogative.

237 Repeals

(1) The enactments specified in Schedule 29 to this Act (which include enactments that were obsolete, spent or unnecessary before the passing of this Act) are hereby repealed to the extent mentioned in the third column of that Schedule.

(2) Without prejudice to section 38(1) of the [1889 c. 63.] Interpretation Act 1889, where this Act repeals any enactment making provision with respect to a particular matter or particular matters and either makes or applies some other enactment making corresponding or different provision with respect to that matter or those matters, then, unless the contrary intention appears and in particular subject to any instrument under section 215, 216, 219 or 225 of this Act references in any enactment other than this Act, or in any instrument made under any enactment other than this Act, to the repealed enactment shall be construed as references to the enactment contained in or applied by this Act which makes the corresponding or different provision.

238 Short title, commencement and extent

(1) This Act may be cited as the Local Government (Scotland) Act 1973.

(2) This Act (except this section) shall come into operation on the appointed day, being such day as the Secretary of State may by order appoint, and different days may be appointed under this subsection for different provisions of this Act or for different purposes, or for the purposes of the same provision in relation to different cases.

(3) This Act, except sections 92, 146(5) and 213 and paragraph 64 of Schedule 17 and Schedule 26 and except in so far as it relates to the amendment of the [1957 c. 20.] House of Commons Disqualification Act 1957, extends to Scotland only.