Local Government and Miscellaneous Financial Provisions (Scotland) Act 1958

SCHEDULES

Section 1.

FIRST SCHEDULE Relevant expenditure

1 Expenditure incurred by or on behalf of education authorities within the meaning of the Education (Scotland) Act, 1946, in respect of the carrying out of their functions as education authorities whether under that Act or any other enactment, other than expenditure incurred—

(a) in connection with ,the provision of milk for pupils attending public schools and other educational establishments under the management of education authorities, or the provision of such milk in pursuance of arrangements made under section forty-nine of the said Act of 1946 ;

(b) in connection with the provision of main midday meals for day pupils in attendance at public schools or the provision of such meals in pursuance of arrangements made under the said section forty-nine ;

(c) in the removal of works constructed for the purposes of air raid precautions or of temporary works constructed for defence purposes by or on behalf of the Secretary of State, the Admiralty or the Minister of Home Security in pursuance of Regulation fifty or fifty-one of the Defence (General) Regulations, 1939, or by agreement, and in reinstatement of premises so far as it is rendered necessary by any such removal; and

(d) in pursance of a scheme under section ten of the Employment and Training Act, 1948.

2 Expenditure incurred by or on behalf of local health authorities within the meaning of the National Health Service (Scotland) Act, 1947, in respect of the carrying out of the functions of such authorities, whether under that Act or any other enactment.

3 Expenditure on fire services, other than expenditure incurred in the performance of functions imposed under section two of the Civil Defence Act, 1948.

4 Expenditure incurred in the carrying out of any of the functions specified in subsection (1) of section thirty-nine of the Children Act, 1948, other than the management of approved schools or services in connection with children sent to approved schools, or in connection with remand homes.

5 (1) Expenditure incurred in connection with—

(a) the acquisition of land under Part I of the Town and Country Planning (Scotland) Act, 1945, under section thirty-five or thirty-seven of the Town and Country Planning (Scotland) Act, 1947, or in pursuance of section seventeen of the latter Act, but not including the acquisition of land for major redevelopment or land situated within an area to which a town development scheme as defined in Part II of the Housing and Town Development (Scotland) Act, 1957, relates ;

(b) the acquisition under section thirty-eight of the said Act of 1947 of any building as respects which, immediately before the acquisition thereof, a building preservation order was in force or could have been made ; the acquisition of any building by virtue of section seventeen of the said Act as applied by a building preservation order ; or the acquisition under the said section thirty-eight of any land comprising or contiguous or adjacent to any such building;

(c) the acquisition, under any enactment other than sections thirty-five or thirty-seven of the Town and Country Planning (Scotland) Act, 1947, of land for use as a public open space ;

(d) the payment of compensation under Part II or Part VII of the said Act of 1947, other than compensation payable in respect of land compulsorily acquired by virtue of section seventeen of that Act, or land of the National Coal Board to which the Fifth Schedule to that Act applies by virtue of regulations under section eighty-six of that Act;

(e) the taking of any action under sections twenty-two to twenty four of that Act other than action in respect of such land of the National Coal Board as aforesaid, or the taking of action under the said section twenty-two as applied by any of the provisions of Part II of that Act;

(f) the carrying out of any work of restoring, repairing or adapting any buildings in the case of a building in respect of which a building preservation order was in force or could have been made immediately before its acquisition:

Provided that the expenditure specified in heads (b) and (f) of this sub-paragraph does not include expenditure incurred in connection with the acquisition of any building excepted by direction of the Secretary of State as being a building of outstanding historical or architectural interest, or the carrying out of any work of restoration, repair, maintenance or adaptation on or in the case of such a building.

(2) References in this paragraph to expenditure incurred in connection with the acquisition of land include references to expenditure incurred in connection with the clearing and preliminary development of the land.

(3) Regulations made by the Secretary of State with the consent of the Treasury in like manner as regulations made under section eighty-nine of the said Act of 1947 may provide—

(a) for treating the appropriation of land, in such cases and subject to such conditions as may be prescribed by or under the regulations, as equivalent for the purposes of this paragraph to the acquisition of land at such cost as may be so prescribed;

(b) for determining how expenditure is to be ascertained for the purposes of this paragraph, whether by reference to expenditure actually incurred or by reference to annual costs incurred or treated as incurred in respect of the borrowing of money, or by reference to the excess of such expenditure or costs over receipts or the annual value of receipts or partly in one way and partly in another;

(c) for the inclusion, in the expenditure incurred in the acquisition of land, of the whole or a part of any sum paid in connection with any restriction imposed on the development or use of the land by or under any enactment (whether by way of compensation or by way of contribution towards damage or expenses incurred in consequence of the restriction).

(4) Expressions used in this paragraph and in the Town and Country Planning (Scotland) Acts, 1947 to 1954, have in this paragraph the same meanings as they have for the purposes of those Acts.

6 Expenditure incurred in the making and carrying out of arrangements for promoting road safety by disseminating information or advice relating to the use of roads, or for giving practical training to road users or any class or description of road users (including the making of contributions towards the cost of arrangements for the like purposes made by other authorities or bodies).

7 Expenditure incurred in the provision and maintenance of vehicles or equipment for use by police forces in connection with the enforcement of the law relating to road traffic.

8 Expenditure incurred in the defraying of registration expenses within the meaning of the Representation of the People Act, 1949 (including any payments made by registration officers as part of their registration expenses).

9 Expenditure incurred by local authorities in the provision, or aiding the provision, of facilities for physical training and recreation, including the provision and equipment of gymnasiums, playing fields, swimming baths, bathing places, holiday camps and camping sites, and other buildings and premises for physical training and recreation and the training and supply of teachers and leaders.

10 Expenditure incurred in the provision of such accommodation as it is the duty of local authorities to provide under subsection (1) of section twenty-one of the National Assistance Act, 1948, or in the making of payments or contributions under section twenty-six of that Act to voluntary organisations, or incurred in respect of arrangements under section twenty-nine of that Act (which relates to welfare arrangements for handicapped persons).

11 Expenditure incurred in the making and carrying out of arrangements under the School Crossing Patrols Act, 1953.

Section 1.

SECOND SCHEDULE Apportionment to local authorities of aggregate amount of general grants

1 The aggregate amount of the general grants for any year as reduced in accordance with Part I of the Third Schedule to this Act shall first be apportioned to all counties and those burghs which are counties of cities in proportion to their weighted populations.

2 The amount apportioned to any burgh in accordance with the foregoing paragraph shall, subject to adjustment in accordance with Part II of the Third Schedule to this Act, be the amount of the general grant for the local authority for that burgh for the year in question.

3 The amount apportioned in accordance with paragraph 1 of this Schedule to any county shall be further apportioned among the landward area, or in the case of a combined county the landward areas, of the county and the burghs in the county in proportion to their rateable valuations or standard rateable values, whichever in each case is the higher, for the immediately preceding year.

4 The amount apportioned to any landward area or burgh in accordance with the last foregoing paragraph shall, subject to adjustment in accordance with Part II of the Third Schedule to this Act, be the amount of the general grant for the local authority for that area or burgh for the year in question.

5 (1) For the purposes of this Schedule the weighted population of a county or a burgh (being a county of a city) shall be the sum of the following, calculated by the Secretary of State in relation to the county or burgh, that is to say—

(a) the total population ;

(b) the number of children under fifteen years of age in the total population;

(c) where the proportion which the number of pupils receiving primary or secondary education within the meaning of the Education (Scotland) Act, 1946, in public schools within the meaning of that Act, or under special arrangements made by the authority under section fourteen of that Act, bears to the number of miles of roads is as specified in any line in the first column of Table I annexed to this Schedule, the percentage of the total population specified in the same line in the second column of that Table; and

(d) in the case of a county, where the proportion which the population of the landward area (or, in the case of a combined county, the landward areas) bears to the total population is as specified in any line in the first column of Table II annexed to this Schedule, the percentage of the total population specified in the same line in the second column of that Table.

(2) For the purposes of this paragraph—

(a) the total population of any county or burgh, the number of children under fifteen years of age in any such population and the population of the landward area (or areas) of any county shall be calculated by reference to estimates of the Registrar-General of Births, Deaths and Marriages in Scotland relating to the thirtieth day of June in the year immediately preceding the grant year ;

(b) the number of pupils receiving primary or secondary education as aforesaid in any county or burgh shall be calculated by reference to certificates of the education authority relating to the thirty-first day of July in the year immediately preceding the grant year; and

(c) the number of miles of roads shall be calculated by reference to estimates of the Secretary of State relating to the sixteenth day of May in the year immediately preceding the grant year.

(3) The Secretary of State may, if he thinks fit, determine that any sea route between two places in a county, being a sea route served by a ferry or by public transport vessels and specified in the determination, shall be treated for the purposes of this paragraph as if it were a road in the county ; and in any calculation under this paragraph any such determination shall be taken into account.

6 In the application of this Schedule to the general grants for the years beginning on the sixteenth day of May, nineteen hundred and fifty-nine, and the sixteenth day of May, nineteen hundred and sixty-one, the rateable valuation and standard rateable value for any area for the immediately preceding year shall be taken to be the amounts estimated in relation to the area by the assessor and the Secretary of State under subsection (7) of section seven of this Act and under subsection (8) of section fifteen of the Act of 1956 respectively.

7 In this Schedule—

(a) " county" means a county (or, in relation to counties combined for the purposes mentioned in subsection (1) of section one hundred and eighteen of the Act of 1947, the combined county) inclusive of any burgh situated therein, other than a burgh which is a county of a city;

(b) " grant year " in relation to any general grants means the year for which the grants are payable ; and

(c) " roads " means highways maintained and managed by the Secretary of State or by a local authority.

TABLE I

Proportion of pupils to miles of roads	Percentage of total population
Under 2.5 to 1	50
Under 3.0 to 1 and not under 2.5 to 1	47 ½
Under 3.5 to 1 and not under 3.0 to 1	45
Under 4.0 to 1 and not under 3.5 to 1	42 ½
Under 4.5 to 1 and not under 4.0 to 1	40
Under 5.0 to 1 and not under 4.5 to 1	37½
Under 5.5 to 1 and not under 5.0 to 1	35
Under 6.0 to 1 and not under 5.5 to 1	32 ½
Under 6.5 to 1 and not under 6.0 to 1	30
Under 7.0 to 1 and not under 6.5 to 1	27½
Under 7.5 to 1 and not under 7.0 to 1	25
Under 8.0 to 1 and not under 7.5 to 1	22½
Under 8.5 to 1 and not under 8.0 to 1	20
Under 9.0 to 1 and not under 8.5 to 1	17½
Under 9.5 to 1 and not under 9.0 to 1	15
Under 10.0 to 1 and not under 9.5 to 1	12½
Under 10.5 to 1 and not under 10.0 to 1	10
Under 11.0 to 1 and not under 10.5 to 1	7½
Under 11.5 to 1 and not under 11.0 to 1	5
Under 12.0 to 1 and not under 11.5 to 1	2½
12.0 to 1 and over	Nil

TABLE II

Proportion of population in landward area of county to total population	Percentage of total population
85 per cent. and over	75
Under 85 per cent. and not under 75 per cent.	50
Under 75 per cent. and not under 70 per cent.	25
Under 70 per cent. and not under 60 per cent.	15
Under 60 per cent. and not under 50 per cent.	5
Under 50 per cent	Nil

Section 1.

THIRD SCHEDULE Adjustment of general grants

PART I

Reduction of aggregate of general grants

1 The aggregate amount fixed by the Secretary of State under subsection (2) of section one of this Act for any year shall be reduced by

(a) the expenditure incurred in that year by the Secretary of State in making any payments to the universities of Scotland under paragraph (5) of section seventy of the Education (Scotland) Act, 1946;

(b) one-half of the expenditure incurred in that year under section twenty-three of the Fire Services Act, 1947, on the central training institution ;

(c) three-quarters of the expenditure incurred in that year under the said section twenty-three on local training centres;

(d) three-quarters of the expenditure incurred in that year on any central examination board established by any regulations made under section eighteen of the said Act of 1947, in connection with the appointment or promotion of persons to any rank in a fire brigade maintained under that Act; and

(e) such proportion not exceeding one-half as the Secretary of State may with the consent of the Treasury determine of the expenditure incurred in that year by the Secretary of State under sections forty-five and forty-six of the Children Act, 1948, (which relate respectively to grants for training in child care and grants to voluntary organisations).

2 Where the amount of any reduction under the foregoing paragraph depends on expenditure which has not been ascertained at the time when the reduction falls to be made, the amount shall be based on an estimate of the expenditure, and any discrepancy between the estimate and the actual amount of the expenditure shall be compensated for in the earliest practicable subsequent year by means of an adjustment to the aggregate amount fixed as aforesaid for that year.

PART II

Adjustment of general grants payable to local authorities

3 (1) In respect of expenditure to which this paragraph applies, the general grants payable for any year shall be subject to adjustment in accordance with regulations made under this paragraph.

(2) The Secretary of State may by regulations, subject to annulment in pursuance of a resolution of either House of Parliament, provide for ascertaining the aggregate of such expenditure for the year in question of all local authorities and joint county councils of which local authorities are constituent councils, for apportioning the aggregate among the local authorities, and for giving effect to the apportionment by means of increases or decreases in the general grants payable to each authority of such amounts as may be ascertained in accordance with the regulations.

(3) This paragraph applies to expenditure incurred—

(a) in the provision, or in assisting the provision, of such facilities for further education as may be specified by regulations made under this paragraph,

(b) in making, or assisting to make, such other educational provision as may be specified, with the approval of the Treasury and after consultation with such associations of local authorities as appear to the Secretary of State to be concerned, in regulations made under this paragraph,

(c) in the training of persons to become health visitors or midwives or in respect of persons who are being so trained, and

(d) in the exercise of any of the functions specified in subsection (1) of section thirty-nine of the Children Act, 1948, with respect to children in the care of a local authority, being children determined by the Secretary of State not to be ordinarily resident in the area of the authority,

so however that this paragraph does not apply to expenditure falling within head (d) of this sub-paragraph which is recoverable by the local authority under paragraph (b) of subsection (4) of section one of the Children Act, 1948, from the authority in whose area the child is ordinarily resident.

Section 6.

FOURTH SCHEDULE Consequential modifications of enactments

PART I

Modifications consequential on Part I of this Act

The Ministry of Transport Act, 1919

1 In section seventeen of the Ministry of Transport Act, 1919, in subsection (2) the words from " and may " to the end shall cease to have effect.

The Road Traffic Act, 1930

2 In section fifty-seven of the Road Traffic Act, 1930, subsections (3) and (4) shall cease to have effect.

The Children and Young Persons (Scotland) Act, 1937

3 (1) In subsection (3) of section ninety of the Children and Young Persons (Scotland) Act, 1937, after the words " for the time being residing, and" there shall be inserted the words " in the case of a child or young person ordered to be sent to an approved school " ; for the words " such authority " there shall be substituted the words " the education authority " ; and at the end of the subsection there shall be added the words " and in any other case shall (unless the child or young person has been committed to, or received into, the care of the authority to whom the contributions were payable) be paid over to the local authority to whose care the child or young person has been committed, or into whose care the child or young person has been received, but subject to such deductions in respect of services rendered by the local authority to whom the contributions were payable as may be agreed between the authorities concerned or as, in default of agreement, may be determined by the Secretary of State.

(2) Any reference in paragraph (b) of subsection (2) of section ninety-one, and in subsection (1) of section ninety-two, of the said Act of 1937 to a local authority entitled to receive contributions made under Part V of that Act in respect of a child or young person shall be construed as a reference to the local authority to whom the contributions are payable by the person liable to make them.

(3) In section ninety-three of the said Act of 1937 in subsection (1), after the words " fit person " there shall be inserted the words " not being a local authority ".

The Physical Training and Recreation Act, 1937

4 In section three of the Physical Training and Recreation Act, 1937, in paragraphs (a) and (b) of subsection (1), for any reference to a local authority there shall be substituted a reference to a district council.

The Pensions (Increase) Act, 1944

5 In section nine of the Pensions (Increase) Act, 1944, for paragraph (d) there shall be substituted the following paragraph, that is to say—

“(d) any additional expenditure incurred by reason of the provisions: of this Act in respect of pensions payable under the Education (Scotland) Act, 1946, shall be defrayed out of moneys provided by Parliament.”

The Education (Scotland) Act, 1946

6 (1) In section one of the Education (Scotland) Act, 1946, there shall be added at the end the following subsection, that is to say—

“(8) The Secretary of State may make regulations prescribing the standards and general requirements to which every education authority shall conform in exercising their functions under this section.”

(2) Section sixty-nine of the said Act of 1946 shall cease to have effect.

(3) In section seventy of the said Act of 1946—

(a) for the words "The Education (Scotland) Fund in any year shall be applied " there shall be substituted the words " The Secretary of State may, out of moneys provided by Parliament, apply such sums as he thinks necessary ";

(b) in paragraph (1) the words " in so far as such expenses are not provided for from moneys voted by Parliament" shall be omitted ;

(c) paragraph (4) shall cease to have effect;

(d) in paragraph (7) the words " in addition to any sums voted by Parliament for the training of teachers " shall be omitted ;

(e) in paragraph (12) the words " to the application of the balance as nearly as may be " shall be omitted ; and

(f) in paragraph (12) after the words " education authorities " there shall be inserted the words " not being relevant expenditure for the purposes of Part I of the Local Government and Miscellaneous Financial Provisions (Scotland) Act, 1958. "

(4) In section seventy-one of the said Act of 1946, in subsection (1), the words from " The said regulations " to the end of the subsection shall cease to have effect.

(5) In section seventy-six of the said Act of 1946, in subsection (1), the words " from the Education (Scotland) Fund or" shall be omitted.

(6) In section one hundred and three of the said Act of 1946, in subsection (4), after the words "made by the Secretary of State", there shall be inserted the words " or under any enactment, to the body or education authority, or, in the case of an education authority which is a joint county council, to any constituent council thereof, " , and after subsection (5) there shall be added the following subsection, that is to say—

“(6) All sums collected or recovered by the Secretary of State under this section shall be paid into the Exchequer.”

(7) In section one hundred and forty-three, in subsection (1), for the definition of "code" there shall be substituted the following definition, that is to say—

• “' code ' means regulations made under subsection (8) of section one of this Act.”

(8) In the Third Schedule to the said Act of 1946, in paragraph 3 of Part I, there shall be added at the end the words " and may include provision for the treatment as having been paid into the revenue of the account kept under section one hundred and six of this Act of a sum which in the opinion of the Secretary of State represents the employers' interest in the Fund having regard to the sums contributed to the Fund by teachers and employers, to the extent to which the employers' contributions were aided by grant from moneys provided by Parliament and to the expenditure from the Fund. "

(9) In the Fourth Schedule to the said Act of 1946, in sub-paragraph (b) of paragraph 2, for the words "the Education (Scotland) Fund" there shall be substituted the words " moneys provided by Parliament ".

The National Health Service (Scotland) Act, 1947

7 In section fifty-three of the National Health Service (Scotland) Act, 1947, subsections (1) to (3) shall cease to have effect.

The Fire Services Act, 1947

8 Section twenty-five and subsection (17) of section thirty-six of the Fire Services Act, 1947, shall cease to have effect.

The Local Government (Scotland) Act, 1947

9 In section one hundred and four of the Local Government (Scotland) Act, 1947, subsection (2) shall cease to have effect.

The Town and Country Planning (Scotland) Act, 1947

10 In section eighty-nine of the Town and Country Planning (Scotland) Act, 1947, in subsection (1), in paragraph (a), after the word " acquisition " there shall be inserted the words " for major redevelopment ", and after the word " acquired" there shall be inserted the words " for such redevelopment " ; in paragraph (b), after the word " compensation " where it first occurs, there shall be inserted the words " in respect of land of the National Coal Board to which the Fifth Schedule to this Act applies by virtue of regulations under section eighty-six of this Act, being compensation payable ", and for the words from the first " twenty-two " to the end of the paragraph there shall be substituted the words " twenty-three or twenty-four of this Act in respect of such land of the National Coal Board as aforesaid " ; paragraph (c) shall cease to have effect; at the end of the subsection there shall be inserted—

“In this Act " major redevelopment" means redevelopment of an area as a whole (including the re-location of population or industry, and the replacement of open space, for the purposes of such redevelopment) which appears to the Secretary of State, after consultation with the local planning authority concerned to be, by reason of the scale of the operations involved of major importance to the proper planning of the local planning authority's district and to be likely (either by itself or along with commitments already undertaken or proposed to be undertaken by way of redevelopment by the authority) to impose an unreasonable burden on the financial resources of the local planning authority ; and in subsection (4) the proviso shall cease to have effect.”

The Local Government Act, 1948

11 (1) Section twenty-three of the Local Government Act, 1948, shall cease to have effect.

(2) Subsection (1) of section twenty-four of the Local Government Act, 1948, shall have effect as if any reference therein to an exchequer equalisation grant were a reference to a general grant payable under this Act.

(3) In section one hundred and fourteen of the Local Government Act, 1948, in the proviso to subsection (2), the words " or out of the Education (Scotland) Fund " shall be omitted, and in subsection (4), after the word " Parliament ", there shall be inserted the words " under any enactment, whether passed before or after the passing of this Act ".

The National Assistance Act, 1948

12 Section twenty-eight of the National Assistance Act, 1948, shall cease to have effect.

The Superannuation (Miscellaneous Provisions) Act, 1948

13 (1) In section one of the Superannuation (Miscellaneous Provisions) Act, 1948, in subsection (3), the words "or into or out of the Education (Scotland) Fund " shall be omitted.

(2) In section two of the Superannuation (Miscellaneous Provisions) Act, 1948, in subsection (4), the words " or out of the Education (Scotland) Fund " and the words " into the Education (Scotland) Fund " shall be omitted, and subsection (8) shall cease to have effect.

(3) In section seventeen of the Superannuation (Miscellaneous Provisions) Act, 1948, in subsection (1), the definition of " pension fund " shall have effect with the substitution for the reference to the Education (Scotland) Fund of a reference to the Exchequer.

The Children Act, 1948

14 (1) In section forty-six of the Children Act, 1948, in subsection (2), the words " with the consent of the Secretary of State " shall be omitted.

(2) Section forty-seven of the Children Act, 1948, shall cease to have effect.

The Prevention of Damage by Pests Act, 1949

15 Section eleven of the Prevention of Damage by Pests Act, 1949, shall cease to have effect.

The Representation of the People Act, 1949

16 (1) In section forty-three of the Representation of the People Act, 1949, in subsection (1), paragraph (a) shall cease to have effect, and in subsection (3) the words from " and any sums " to " the Exchequer of the United Kingdom" shall be omitted.

(2) In section forty-four of the Representation of the People Act, 1949, in subsection (3), for the words " the Treasury", in each place where they occur, there shall be substituted the words " the Secretary of State " , but nothing in this sub-paragraph shall affect any scale of expenses framed, or sanction given, before the coming into effect of this paragraph.

The Vehicles (Excise) Act, 1949

17 In section twenty-four of the Vehicles (Excise) Act, 1949, paragraph (b) of subsection (1) shall cease to have effect.

The School Crossing Patrols Act, 1953

18 In section three of the School Crossing Patrols Act, 1953, subsections (1) and (2) shall cease to have effect.

The Pensions (Increase) Act, 1956

19 (1) In section two of the Pensions (Increase) Act, 1956, in subsection (1), the words " or out of the Education (Scotland) Fund " shall be omitted.

(2) In section twelve of the Pensions (Increase) Act, 1956, in subsection (2), for the words "the Education (Scotland) Fund" there shall be substituted the words " moneys provided by Parliament " and the words from " and for the purpose of " to the end of the subsection shall cease to have effect.

The Road Traffic Act, 1956

20 In section five of the Road Traffic Act, 1956, in subsection (2), at the end there shall be added the words " being arrangements made by authorities or bodies other than local authorities. " ; and in subsection (4), the words "and grants in respect thereof" shall cease to have effect.

PART II

Modifications consequential on the Local Government Act, 1958

21 In section one of the Act of 1954, in subsection (1), in paragraph (b), for the words " Exchequer Equalisation Grants " there shall be substituted the words " Rate-deficiency Grants ".

22 In section twenty-six of the Act of 1956, in subsection (2), paragraph (a) shall cease to have effect.

23 In the Sixth Schedule to the Act of 1956—

(a) for paragraph 1 there shall be substituted the following paragraph, that is to say—

“1 (1) The Minister of Housing and Local Government (hereinafter referred to as " the Minister") shall estimate and certify—

(a) the total amount of the expenditure (as defined in subsection (5) or, as the case may be, subsection (6), as read with subsections (7) and (8) of section five of the Local Government Act, 1958) of all local authorities (as defined for the purposes of the said section five) in England and Wales for the twelve months ending on the thirty-first day of March in the year in question; and

(b) the total of the weighted populations of all counties and county boroughs in England and Wales.

(2) In this paragraph the expression " the weighted population " in relation to a county or county borough means the population thereof plus the number of children under fifteen years of age therein and, in the case of a county the population whereof divided by the road-mileage thereof is less than seventy, plus also one-third of the additional population needed in order that the population thereof divided by the road-mileage thereof should be seventy.”;

(b) in paragraph 3, for the words "sub-paragraph (a)" there shall be substituted the words " head (a) of sub-paragraph (1) ";

(c) in paragraph 4, for the words "Exchequer Equalisation Grants" there shall be substituted the words " Rate-deficiency Grants ", and for the words " total amount of the relevant local expenditure of all the counties and county boroughs in England and Wales " there shall be substituted the words " amount certified under head (a) of sub-paragraph (1) of paragraph 1 of this Schedule "; and

(d) for paragraph 7 there shall be substituted the following paragraph, that is to say—

“7 (1) The Secretary of State shall estimate and certify the amount arrived at by deducting from the total of the relevant local expenditure of all burghs and landward areas in Scotland for the year in question the cost of the collection of rates for that year, and adding an amount equal to the total of the sums falling to be paid for that year to the Secretary of State by the North of Scotland Hydro-Electric Board, the South of Scotland Electricity Board and the British Transport Commission under Part V of the Local Government Act, 1948, for the benefit of local authorities in Scotland.

(2) There shall be calculated the sum which bears to the amount certified under the foregoing sub-paragraph the same proportion as the notional Exchequer Grant for Scotland bears to the notional relevant local expenditure for Scotland, and the sum so arrived at is the amount last mentioned in subsection (1) of section twenty-six of this Act.”

PART III

Commencement of Fourth Schedule

24 (1) The following provisions of this Schedule, that is to say—

• paragraph 5,

• in paragraph 6, sub-paragraph (2), heads . (a) to (e) of sub-paragraph (3), sub-paragraphs (5), (6), (8) and (9),

• in paragraph 11, sub-paragraph (3),

• paragraph 13, and

• paragraph 19,

shall come into operation on the first day of April, nineteen hundred and fifty-nine.

(2) Subject to the foregoing sub-paragraph the provisions of this Schedule shall come into operation for the purposes of 'the year beginning on the sixteenth day of May, nineteen hundred and fifty-nine and subsequent years, but not for those of any earlier year.

Section 13.

FIFTH SCHEDULE Local government administration

The Allotments (Scotland) Act, 1922

1 Section nine of the Allotments (Scotland) Act, 1922 (which requires the councils of certain burghs to establish allotment committees) shall cease to have effect.

The Education (Scotland) Act, 1946

2 In section three of the Education (Scotland) Act, 1946 (which relates to the provision of facilities for recreation and social and physical training), in subsection (1), the words " with the approval of the Secretary of State " shall cease to have effect.

3 In section twenty-five of the said Act of 1946 (which relates to contributions by education authorities to the maintenance of certain schools and institutions), in subsection (6), the words " with the sanction of the Secretary of State " shall cease to have effect, and for the words " the Secretary of State," where those words secondly occur, there shall be substituted the words " the education authority ".

4 In section twenty-seven of the said Act of 1946 (which relates to educational research) the words " with the approval of the Secretary of State " shall cease to have effect.

5 In section thirty-four of the said Act of 1946 (which relates to exemption from school attendance) subsection (5) shall cease to have effect.

6 In section forty-five of the said Act of 1946 (which relates to the provision of transport and other facilities), in subsection (1), the words " or as the Secretary of State may direct" shall cease to have effect.

7 In section seventy-four of the said Act of 1946 (which relates, among other things, to the examination of accounts of education authorities) subsections (2) and (3) shall cease to have effect:

Provided that this paragraph shall not have effect as respects accounts for any period before the year beginning on the sixteenth day of May, nineteen hundred and fifty-nine.

The National Health Service (Scotland) Act, 1947

8 In section twenty-two of the National Health Service (Scotland) Act, 1947 (which relates to the care of mothers and young children), in subsection (3), the words " with the approval of the Secretary of State " shall cease to have effect.

9 In section twenty-seven of the National Health Service (Scotland) Act, 1947 (which relates to the prevention of illness, the care of persons suffering from illness or mental deficiency and the after care of such persons), in subsection (3), the words " with the approval of the Secretary of State " shall cease to have effect.

10 In section fifty-one of the National Health Service (Scotland) Act, 1947 (which relates to the duties of local health authorities under the Lunacy and Mental Deficiency Acts) in subsection (3), the words " with the approval of the Secretary of State " shall cease to have effect.

11 The Fifth Schedule to the National Health Service (Scotland) Act, 1947 (which requires local health committees to make the minutes of their proceedings available for inspection by electors) shall cease to have effect.

The Local Government (Scotland) Act, 1947

12 In section one hundred and five of the Act of 1947, subsection (2) (which requires county councils and town councils of large burghs to have administrative schemes for the discharge of their functions as local health authorities), subsection (3) (which requires county councils to have administrative schemes for the discharge of their functions relating to roads) and subsection (4) (which precludes county councils and the town councils of large burghs from revoking administrative schemes approved under section fourteen of the Local Government (Scotland) Act, 1929, otherwise than by making another administrative scheme) shall cease to have effect and any reference in subsection (5) or subsection (6) of the said section one hundred and five to an administrative scheme shall be construed as a reference only to an administrative scheme relating to education.

13 Section one hundred and seven of the Act of 1947 (which prescribes the contents of certain administrative schemes required to be made by county councils and town councils of large burghs) shall cease to have effect.

14 Section one hundred and ten of the Act of 1947 (which requires county councils to appoint committees for the purposes of their functions relating to roads) shall cease to have effect.

15 Section one hundred and eleven of the Act of 1947 (which relates to health committees required to be appointed by county councils and town councils of large burghs) shall cease to have effect.

16 Section one hundred and twelve of the Act of 1947 (which requires county councils and town councils which are police authorities to appoint committees for the purposes of their functions relating to police) shall cease to have effect.

17 In section one hundred and fourteen of the Act of 1947 (which relates to the appointment of sub-committees of committees for administrative scheme functions) for subsection (1) there shall be substituted the following subsection, that is to say—

“(1) Save as otherwise provided in this Part of this Act a sub-committee of the education committee of a county council or of the town council of a county of a city may consist to an extent not exceeding one half of persons who are not members of the council:

Provided that a person who is not a member of the council or of the committee shall not be appointed to a sub-committee except with the consent of the council.”

18 Section one hundred and fifteen of the Act of 1947 (which relates to the appointment of committees and sub-committees of county councils, town councils of burghs and district councils) shall have effect with the addition of the following subsection, that is to say—

“(3) Any committee appointed by a local authority under subsection (1) of this section for the purposes of the authority's functions under the Allotments (Scotland) Act, 1922, the National Health Service (Scotland) Act, 1947, the Town and Country Planning (Scotland) Act, 1947, or the National Assistance Act, 1948, may to an extent not exceeding one third of its membership consist of persons, not being members of the local authority, who have special knowledge or experience in regard to the functions for the purposes of which the committee is appointed.”

19 In section one hundred and fifty-seven of the Act of 1947 (which relates to the acquisition of land in advance of requirements) the words " with the consent of the Minister concerned " shall cease to have effect.

The Town and Country Planning (Scotland) Act, 1947

20 Part IV of the First Schedule to the Town and Country Planning (Scotland) Act, 1947 (which requires local planning authorities to establish planning committees for the discharge of their functions under that Act) shall cease to have effect.

21 In Part V of the First Schedule to the Town and Country Planning (Scotland) Act, 1947 (which relates to sub-committees), in paragraph 1, for the words " The planning committee of a local planning authority " there shall be substituted the words " Any committee established by a local planning authority for the discharge of their functions under this Act ", after the words " the committee " there shall be inserted the words " (hereinafter referred to as " the planning committee")", and for the words " not less than three-fourths of the members of any such sub-committee which consists of more than three persons " there shall be substituted the words " not less than two-thirds of the members of any such committee " ; and, in paragraph 3, for the words " a planning committee established under Part IV of this Schedule ", there shall be substituted the words " a committee to which paragraph 1 of this Part of this Schedule relates ".

The Local Government Act, 1948

22 In section one hundred and thirty-five of the Local Government Act, 1948 (which relates to instruction, lectures, etc., on questions relating to local government) in subsection (1), the words " Subject to such conditions and restrictions, if any, as the Secretary of State may by regulations prescribe " shall cease to have effect.

The National Assistance Act, 1948

23 Part I of the Third Schedule to the National Assistance Act, 1948 (which requires county councils and town councils of large burghs to establish committees for the discharge of their functions under Part III of that Act) shall cease to have effect.

The Valuation and Rating (Scotland) Act, 1956

24 Section two of the Valuation and Rating (Scotland) Act, 1956 (which requires valuation authorities to have administrative schemes for the discharge of their functions relating to valuation) shall cease to have effect.

Section 22.

SIXTH SCHEDULE Repeals

PART I

Repeals having effect as from passing of Act

Session and Chapter	Short Title	Extent of Repeal
11 & 12 Geo. 5. c. 58.	The Trusts (Scotland) Act, 1921.	In section ten, in subsection (1), in paragraph (a), sub-paragraph (8).
10 & 11 Geo. 6. c. 43.	The Local Government (Scotland) Act, 1947.	In section one hundred and ninety-one, in subsection (3), paragraph (d).
14 & 15 Geo. 6. c. 15.	The Local Government (Scotland) Act, 1951.	In section four, in subsection (1), the words " during the continuance in force of this section "; subsection (2).

PART II

Repeals not having effect for any period before 1st April, 1959

Session and Chapter	Short Title	Extent of Repeal
9 & 10 Geo. 6. c. 72.	The Education (Scotland) Act, 1946,	Section sixty-nine; in section seventy, in paragraph (1), the words "in so far as such expenses are not provided from moneys voted by Parliament ", paragraph (4), in paragraph (7), the words " in addition to any sums voted by Parliament for the training of teachers", and in paragraph (12) the words " to the application of the balance as nearly as may be"; in section seventy-six, in subsection (1), the words " from the Education (Scotland) Fund or ".
11 & 12 Geo. 6. c. 26.	The Local Government Act, 1948.	In section one hundred and fourteen, in the proviso to subsection (2), the words " or out of the Education (Scotland) Fund ".
11 & 12 Geo. 6. c. 33.	The Superannuation (Miscellaneous Provisions) Act, 1948.	In section one, in subsection (3), the words " or into or out of the Education (Scotland) Fund"; in section two, in subsection (4), the words " or out of the Education (Scotland) Fund ", and the words " into the Education (Scotland) Fund ", and subsection (8).
4 & 5 Eliz. 2. c. 39.	The Pensions (Increase) Act, 1956.	In section two, in subsection (1), the words " or out of the Education (Scotland) Fund "; in section twelve, in subsection (2), the words from " and for the purpose of " to the end of the subsection.

PART III

Repeals not having effect for any period before 16th May, 1959

Session and Chapter	Short Title	Extent of Repeal
9 & 10 Geo. 5. c. 50.	The Ministry of Transport Act, 1919.	In section seventeen, in subsection (2), the words from " and may" to the end of the subsection.
12 & 13 Geo. 5. c. 52.	The Allotments (Scotland) Act, 1922.	Section nine.
19 & 20 Geo. 5. c. 25.	The Local Government (Scotland) Act, 1929.	In section forty-six, in subsection (2), paragraph (a).
20 & 21 Geo. 5. c. 43.	The Road Traffic Act, 1930.	In section fifty-seven, subsections (3) and (4).
24 & 25 Geo. 5. c. 50.	The Road Traffic Act, 1934.	In the Third Schedule, the entry relating to subsection (3) of section fifty-seven of the Road Traffic Act, 1930.
1 Edw. 8 & 1 Geo. 6. c. 37.	The Children and Young Persons (Scotland) Act, 1937.	In section one hundred and one, subsection (8).
9 & 10 Geo. 6. c. 72.	The Education (Scotland) Act, 1946.	In section three, in subsection (1), the words " with the approval of the Secretary of State "; in section twenty-five, in subsection (6), the words " with the sanction of the Secretary of State "; in section twenty-seven, the words "with the approval of the Secretary of State "; in section thirty-four, subsection (5); in section forty-five, in subsection (1), the words " or as the Secretary of State may direct "; in section seventy-one, in subsection (1), the words from " The said regulations " to the end of the subsection; in section seventy-four, subsections (2) and (3).
10 & 11 Geo. 6. c. 27.	The National Health Service (Scotland) Act, 1947.	In section twenty-two, in subsection (3), the words " with the approval of the Secretary of State "; in section twenty-seven, in subsection (3), the words " with the approval of the Secretary of State "; in section fifty-one, in subsection (3), the words " with the approval of the Secretary of State"; in section fifty-three, subsections (1) to (3); and the Fifth Schedule.
10 & 11 Geo. 6. c. 41.	The Fire Services Act, 1947.	Section twenty-five; in section thirty-six, subsection (17).
10 & 11 Geo. 6. c. 43.	The Local Government (Scotland) Act, 1947.	In section one hundred and four, subsection (2); in section one hundred and five, subsections (2), (3) and (4); section one hundred and seven; section one hundred and ten; section one hundred and eleven; section one hundred and twelve; in section one hundred and fifty-seven, the words " with the consent of the Minister concerned"; in section two hundred and three, subsection (3); in section two hundred and eight, subsection (1).
10 & 11 Geo. 6. c. 53.	The Town and Country Planning (Scotland) Act, 1947.	In section two, in subsection (5), the words " and Part IV " and the words " and of planning committees respectively"; in section eighty-nine, in subsection (1), paragraph (c), and the proviso to subsection (4); section ninety-two; and, in the First Schedule, Part IV.
11 & 12 Geo. 6. c. 26.	The Local Government Act, 1948.	Section twenty-three; in section one hundred and thirty-five, in subsection (1), the words " Subject to such conditions and restrictions, if any, as the Secretary of State may by regulations prescribe", and subsection (2).
11 & 12 Geo. 6. c. 29.	The National Assistance Act, 1948.	Section twenty-eight; in section thirty-three, in subsection (2), the words "committees and "; in the Third Schedule, Part I; in Part II, in paragraph 9, sub-paragraph (3), and, in paragraph 11, sub-paragraph (f); and in Part III, in paragraph 12, in sub-paragraph (a), the words from " and for any reference " to the end of the sub-paragraph; sub-paragraphs (b), (c) and (d).
11 & 12 Geo. 6. c. 43.	The Children Act, 1948.	In section forty-six, in subsection (2), the words "with the consent of the Secretary of State"; section forty-seven.
12, 13 & 14 Geo. 6. c. 55.	The Prevention of Damage by Pests Act, 1949.	Section eleven.
12, 13 & 14 Geo. 6. c. 68.	The Representation of the People Act, 1949.	In section forty-three, in subsection (1), paragraph (a), and in subsection (3) the words from " and any sums " to " the Exchequer of the United Kingdom ".
12, 13 & 14 Geo. 6. c. 89.	The Vehicles (Excise) Act, 1949.	In section twenty-four, in subsection (1), paragraph (b).
1 & 2 Eliz. 2. c. 45.	The School Crossing Patrols Act, 1953.	In section three, subsections (1) and (2).
3 & 4 Eliz. 2. c. 26.	The Public Service Vehicles (Travel Concessions) Act, 1955.	Section two.
4 & 5 Eliz. 2. c. 60.	The Valuation and Rating (Scotland) Act, 1956.	Section two; in section three, in subsection (4), paragraph (c); in section twenty-six, in subsection (2), paragraph (a).
4 & 5 Eliz. 2. c. 67.	The Road Traffic Act, 1956.	In section five, in subsection (4), the words " and grants in respect thereof"; and in the Second Schedule, in paragraph 2, the words from " and " to the end.

Table of Statutes referred to in this Act

Short Title	Session and Chapter
Registration of Births, Deaths and Marriages (Scotland) Act, 1854	17 & 18 Vict. c. 80.
Marriage Notice (Scotland) Act, 1878	41 & 42 Vict. c. 43.
Cremation Act, 1902	2 Edw. 7. c. 8.
Ministry of Transport Act, 1919	9 & 10 Geo. 5. c. 50.
Housing (Additional Powers) Act. 1919	9 & 10 Geo. 5. c. 99.
Roads Act, 1920	10 & 11 Geo. 5. c. 72.
Trusts (Scotland) Act, 1921	11 & 12 Geo. 5. c. 58.
Allotments (Scotland) Act, 1922	12 & 13 Geo. 5. c. 52.
Local Government (Scotland) Act, 1929	19 & 20 Geo. 5. c. 25.
Road Traffic Act, 1930	20 & 21 Geo. 5. c. 43.
Registration of Births, Deaths and Marriages (Scotland) (Amendment) Act, 1934	24 & 25 Geo. 5. c. 19.
Children and Young Persons (Scotland) Act, 1937	1 Edw. 8 & 1 Geo. 6. c. 37.
Physical Training and Recreation Act, 1937	1 Edw. 8 & 1 Geo. 6. c. 46.
Marriage (Scotland) Act, 1939	2 & 3 Geo. 6. c. 34.
Pensions (Increase) Act, 1944	7 & 8 Geo. 6. c. 21.
Town and Country Planning (Scotland) Act, 1945	8 & 9 Geo. 6. c. 33.
Education (Scotland) Act, 1946	9 & 10 Geo. 6. c. 72.
National Health Service (Scotland) Act, 1947	10 & 11 Geo. 6. c. 27.
Fire Services Act, 1947	10 & 11 Geo. 6. c. 41.
Local Government (Scotland) Act, 1947	10 & 11 Geo. 6. c. 43.
Town and Country Planning (Scotland) Act, 1947	10 & 11 Geo. 6. c. 53.
Local Government Act, 1948	11 & 12 Geo. 6. c. 26.
National Assistance Act, 1948	11 & 12 Geo. 6. c. 29.
Superannuation (Miscellaneous Provisions) Act, 1948.	11 & 12 Geo. 6. c. 33..
Children Act, 1948	11 & 12 Geo. 6. c. 43.
Employment and Training Act, 1948	11 & 12 Geo. 6. c. 46.
Gas Act, 1948	11 & 12 Geo. 6. c. 67.
Civil Defence Act, 1948	12, 13 & 14 Geo. 6. c. 5.
Water (Scotland) Act, 1949	12, 13 & 14 Geo. 6. c. 31.
Prevention of Damage by Pests Act, 1949	12, 13 & 14 Geo. 6. c. 55.
Representation of the People Act, 1949	12, 13 & 14 Geo. 6. c. 68.
Vehicles (Excise) Act, 1949	12, 13 & 14 Geo. 6. c. 89.
Local Government (Scotland) Act, 1951	14 & 15 Geo. 6. c. 15.
Rivers (Prevention of Pollution) (Scotland) Act, 1951	14 & 15 Geo. 6. c. 66.
School Crossing Patrols Act, 1953	1 & 2 Eliz. 2. c. 45.
Local Government (Financial Provisions) (Scotland) Act, 1954	2 &3 Eliz. 2. c. 13.
Town and Country Planning (Scotland) Act, 1954	2 & 3 Eliz. 2. c. 73.
Public Libraries (Scotland) Act, 1955	3 & 4 Eliz. 2. c. 27.
Pensions (Increase) Act, 1956	4 & 5 Eliz. 2. c. 39.
Valuation and Rating (Scotland) Act, 1956	4 & 5 Eliz. 2. c. 60.
Road Traffic Act, 1956	4 & 5 Eliz. 2. c. 67.
Housing and Town Development (Scotland) Act, 1957	5 & 6 Eliz. 2. c. 38.
Local Government Act, 1958	6 & 7 Eliz. 2. c. 55.