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.

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.

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.

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.

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.

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

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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

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.

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.

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.

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

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.

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.

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.

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 M1Representation of the People Act 1969 to local elections rules shall, as respects Scotland, be construed as references to rules made under this section.

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.

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.

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.

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.

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

If at an election of a councillor for a local authority the poll is, in accordance with the provisions of section 13 of the M2Representation 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.

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.

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.

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.

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.

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.

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.

In this Part of this Act " the Act of 1949 " means the M3Representation of the People Act 1949, and " registration officer " has the same meaning as in that Act.

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.

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

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.

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.

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.

In any case where the Secretary of State has made an order under section 1 of the M4New 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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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

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.

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

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.

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 M5Administration 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.

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.

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.

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.

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.

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.

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

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.

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.

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 M6Registration of Births, Deaths and Marriages (Scotland) Act 1965 or the provisions of that Act relating to registration districts.

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.

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 M8Transport 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.

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.

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.

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.

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.

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

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.

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.

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.

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.

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.

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.

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

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

In sections 39 and 41 of this Act, " securities " and " shares " have the same meaning respectively as in the M9Prevention of Fraud (Investments) Act 1958.

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 M10Education (Scotland) Act 1962, and the National Trust for Scotland for Places of Historic Interest or Natural Beauty incorporated by the Order confirmed by the M11National 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.

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 M12Public 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.

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.

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.

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.

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

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.

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.

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.

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.

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.

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.

In relation to any other body to which this section applies, other than a water development board within the meaning of the M13Water (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.

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.

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.

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.

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.

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.

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.

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.

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.

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

A local authority shall not make arrangements under this section for the discharge of any of their functions under the M15Diseases of Animals Act 1950 by any other local authority.

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.

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.

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.

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.

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.

Nothing in this section affects the operation of the M20Local Authorities (Goods and Services) Act 1970.

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.

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.

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.

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.

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.

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.

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.

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 M21Police (Scotland) Act 1967.

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.

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.

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.

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.

Nothing in this section affects the operation of section 7 of the M29Registration of Births, Deaths and Marriages (Scotland) Act 1965 (registrars) or the operation of the M30Local Authorities (Goods and Services) Act 1970.

Nothing in subsections (1) and (2) above affects the operation of section 9 of the M31Police (Scotland) Act 1967 (employees other than constables).

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.

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.

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.

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.

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.

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.

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.

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

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.

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.

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.

Without prejudice to section 53 of the M32Countryside (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.

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.

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 M33Lands Clauses Consolidation (Scotland) Act 1845), and section 6 and sections 70 to 78 of the M34Railways Clauses Consolidation (Scotland) Act 1845 (as originally enacted and not as amended by section 15 of the M35Mines (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.

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.

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

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.

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.

The M36Acquisition 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.

Subject to Part II of the M37Town 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.

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.

Subject to Part II of the M38Town 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.

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.

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.

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.

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.

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.

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.

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

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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

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.

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.

In this section, " local authority" includes an existing local authority.

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.

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.

The provisions of the M40Life Assurance Act 1774 shall not apply to any such contract, but any such contract shall be deemed for the purposes of the M41Insurance Companies Act 1958 to be a policy of insurance upon the happening of personal accidents.

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.

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.

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.

In this section " council" means a regional or islands council.

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.

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.

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.

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.

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.

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 M42Licensing (Scotland) Act 1959 a special permission for an entertainment on any such premises.

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.

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.

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

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.

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.

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.

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.

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.

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

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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 M46Housing (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).

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 M47Rating 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.

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

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

Every valuation authority shall appoint, in accordance with the provisions of section 1 of the M61Valuation 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.

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

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.

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.

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.

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.

In this section the expression " the Valuation Acts " means the M62Lands Valuation (Scotland) Act 1854 and the Acts amending that Act, and includes this Act.

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.

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.

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.

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 M64Water (Scotland) Act 1967 or any river purification board within the meaning of section 135 of this Act.

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.

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

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.

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.

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.

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 M68Water (Scotland) Act 1946;

• section 10(2) of the M69Coast Protection Act 1949 ;

• sections 29(5) and 31(4) of the M70Housing (Financial Provisions) (Scotland) Act 1968;

• section 23(5) of the M71Mines and Quarries (Tips) Act 1969 ;

• section 25(3) of the M72Housing (Scotland) Act 1969.

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 M73National 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.

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.

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.

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.

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

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

In this section, unless the context otherwise requires, expressions used in Part VI of the M75Education (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.

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

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.

Before the council of a district exercise outside the district any power under Part VII of the M77Housing (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.

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

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.

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.

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 M78Housing (Scotland) Act 1966 to provide.

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

The M79Rent (Scotland) Act 1971 shall have effect subject to the amendments set out in Schedule 13 to this Act.

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.

The powers and duties vested in the council of each county in relation to roads by virtue of section 11 of the M80Local Government (Scotland) Act 1889 shall be transferred to and vested in the local highway authority.

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.

The M81Building (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.

River purification boards established under Part II of the M82Rivers (Prevention of Pollution) (Scotland) Act 1951 are hereby dissolved and sections 2 to 5 of the said Act shall cease to have effect.

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.

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.

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.

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 M83Water (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.

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.

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.

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

The local authority for the purposes of the M84Deposit 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 ".

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.

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 M85Rivers (Prevention of Pollution) (Scotland) Act 1951, but shall not include an islands council."

All functions of town and county councils under Part VI of the M87Agriculture Act 1970 (flood warning systems) are hereby transferred to regional and islands councils.

The coast protection authority for the purposes of the M88Coast Protection Act 1949 shall be the council of a region any part of which adjoins the sea, or an islands council.

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

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 ".

A competent authority under the M102Plant 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.

The M103Ordnance Survey Act 1841 (in this section referred to as " the 1841 Act") shall have effect subject to the modifications set out in this section.

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.

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.

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.

The M104Police (Scotland) Act 1967 shall be amended in accordance with subsections (2) to (9) below.

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 ".

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.

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.

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 ".

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.

Subject to the provisions of the M109Fire 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.

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.

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.

Schedule 4 to the said Act of 1947 (combined areas in Scotland) shall cease to have effect.

Section 7(2) of the M110Fire Services Act 1959 (establishment schemes) shall cease to have effect.

Regional water boards established under the M111Water (Scotland) Act 1967 are hereby dissolved and their functions are hereby transferred to water authorities.

Subject to subsection (3) below, the water authority for any area shall be the regional or islands council for that area.

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.

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.

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.

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.

Schedule 17 to this Act shall have effect for making amendments to the enactments relating to water.

Without prejudice to the powers of local authorities under Parts V and VI of this Act and under the M114Local Authorities (Goods and Services) Act 1970, section 37 of the M115Weights and Measures Act 1963 (power for local weights and measures authorities to combine) shall cease to have effect.

In section 39(5) of the said Act of 1963 (inquiries), for the reference to subsections (2) to (9) of section 355 of the M116Local Government (Scotland) Act 1947 there shall be substituted a reference to subsections (2) to (8) of section 210 of this Act.

Sections 40(2) and 47 of the said Act of 1963 (compensation of officers and general administrative regulations) shall cease to have effect.

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.

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.

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 M117Transport 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.

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.

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.

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.

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.

In this section " local authority" means a regional or islands council and other expressions have the same meaning as in the M120Transport Act 1968.

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.

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.

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.

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.

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.

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.

If a local authority so elects and notifies the Secretary of State accordingly, Part III of the M121Harbours, 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.

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.

Where provisions of the M122Harbours, 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.

In this section " harbour authority " and " marine work " have the same meanings as in section 57(1) of the M123Harbours Act 1964 and so has " harbour " except that it does not include a ferry within the meaning of section 153(5) of this Act.

The district council for the purposes of the M124Factories 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 ".

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 ".

In section 47(1) (means of escape), the word " either " and the words from " or, where " to the end shall cease to have effect.

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 ".

In section 153(3) (provisions as to councils), the words " a county council and " shall cease to have effect.

Section 181(3) (definition of " district council " for certain purposes), shall cease to have effect.

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 ".

The local authority responsible for enforcing the provisions of the M125Offices, 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 ".

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.

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 ".

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 M127Food and Drugs (Scotland) Act 1956 which are specified in relation to them respectively in the second column of that Table.

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.

For the purposes of the Social Work (Scotland) Acts 1968 and 1972, the local authority shall be a regional or islands council.

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.

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.

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.

The number of members of a social work committee and their term of office shall be fixed by the appointing authority.

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.

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.

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.

This section shall be without prejudice to the provisions of Schedule 3 to the Act of 1968 relating to Children's Panel Advisory Committees.

The functions of local authorities under the M131Physical Training and Recreation Acts 1937 and M1321958 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 ".

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.

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.

A local authority as aforesaid shall have a duty to secure the provision of adequate library facilities for all persons resident in their area.

The local authority for the purposes of the M133Public 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.

Schedule 21 to this Act shall have effect for making amendments to the enactments relating to public libraries, museums and art galleries.

The local registration authority for any registration district for the purposes of the M136Registration 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.

The functions of councils under the M139Burial Grounds (Scotland) Act 1855 and the Cremation Acts 1902 and 1952 shall be transferred to and vest in islands or district councils.

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.

The local authority for the purposes of the M140War Memorials (Local Authorities' Powers) Act 1923 as extended to Scotland by section 133(3) of the M141Local 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.

For the purposes of section 13 of the M145Protection of Birds Act 1954 (orders) the administrative area shall be the region, islands area or district.

For the purposes of section 15 of the M146Finance Act 1949 (transfer of duties on moneylenders' and pawnbrokers' licences) the local authority shall be an islands or district council.

In the term " local planning authority ", wherever it occurs in any enactment or instrument made under an enactment, the word " local " shall be omitted.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

The local authority for the purposes of the M149Countryside (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.

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.

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.

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.

The functions of local authorities under the M150Ancient Monuments Acts 1913 and M1511931 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.

The functions of local authorities under Part I (except section 24) of the M152Caravan 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.

The functions of planning authorities under section 9 of, and Schedule 3 to, the M153Town and Country Planning (Amendment) Act 1972 shall be district planning functions.

The Secretary of State shall not make any order under section 31 of the M155Licensing (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).

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.

The local authority for the purposes of the M158War Charities Act 1940 (registration authority for war charities) and the M159Poisons Act 1972 (local authority's list of persons entitled to sell poisons) shall be a regional or islands council.

The local authority for the purposes of the M160Vehicle and Driving Licences Act 1969 shall be a regional, islands or district council.

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.

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.

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.

Service of a copy of a document to which this section applies shall be deemed to be service of the principal document.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

A local authority may remit any fee chargeable under this section.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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 M176Public 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 ".

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.

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.

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.

The confirming authority in relation to byelaws made under this section shall be the Secretary of State.

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.

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.

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.

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.

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.

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.

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.

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.

Unless the Secretary of State shall otherwise direct, every inquiry with respect to byelaws made under any provision of this Act or of the M180Burgh Police (Scotland) Acts 1892 and M1811903 shall be held by the sheriff.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

The persons appointed under section 32 of the M182Militia 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.

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.

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.

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.

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.

Subsections (7) to (9) above shall not prejudice any power of removal or of directing removal from any office.

In this section " region " does not include the districts of the cities of Aberdeen, Dundee, Edinburgh and Glasgow.

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.

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.

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.

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.

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.

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.

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.

A statutory instrument containing an order under this section shall be of no effect unless approved by a resolution of each House of Parliament.

In this section " local authority" includes a Passenger Transport Executive.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

On 16th May 1975 each person holding office as a representative commissioner under the M183Tweed Fisheries Act 1969 shall go out of office.

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.

The said Act of 1969 shall have effect subject to the amendments set out in Schedule 26 to this Act.

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.

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.

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.

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.

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.

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.

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.

In this section, " existing local authority" includes a joint committee, joint board and a water board.

Any statutory instrument containing an order under this section shall be subject to annulment in pursuance of a resolution of either House of Parliament.

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.

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.

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.

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.

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.

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.

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.

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 M187Transport Act 1968 or an association of local authorities the constituent members of which include any such local authority as aforesaid.

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.

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.

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

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.

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.

Any sums payable under regulations made under subsection (3) above shall be treated for the purposes of section 73 of the M188Finance 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.

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

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.

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.

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.

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.

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.

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.

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.

In this section, " existing local authority" includes a joint committee, joint board, river purification board and a water board.

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.

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.

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.

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.

A statutory instrument containing an order under this section shall be subject to annulment in pursuance of a resolution of either House of Parliament.

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.

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.

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.

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.

This section shall not apply to property which is subject to section 128 of this Act.

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.

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.

Any expenses incurred by the property commission under this section shall be paid by the Secretary of State.

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.

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.

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.