Private Legislation Procedure (Scotland) Act 1936

11 Powers of county councils, town councils, and c under Act

(1) County councils shall have with regard to the promotion of, or opposition to, Provisional Orders or Bills under this Act, the like powers as are conferred by the [35 & 36 Vict. c. 91.] Borough Funds Act, 1872, on the bodies therein mentioned, with regard to local and personal Bills, and for that purpose the said Act shall have effect as if it were herein re-enacted subject to the following and any other necessary modifications :—

(a) for references to a "governing body" and a " district" there shall be substituted respectively references to a county council and a county;

(b) for references to local and personal Bills in Parliament, there shall be substituted references to Provisional Orders or Bills under this Act;

(c) the proviso to section four as regards consent of owners and ratepayers shall not apply; and

(d) the provisions with regard to the Local Government Board or the Secretary of State shall have effect as if the Secretary of State alone were therein mentioned.

(2) Town councils shall have the same powers and be subject to the same restrictions in regard to proceedings under or in pursuance of this Act as they had or were subject to at the commencement of the Private Legislation Procedure (Scotland) Act, 1899, in regard to Private Bills or Confirmation Bills.

(3) Without prejudice to the powers conferred by the last foregoing subsection, the town council of a burgh to which Part I of the [3 Edw. 7. c. 33.] Burgh Police (Scotland) Act, 1903, applies shall have, subject to the like conditions, the like powers of opposing Bills and Provisional Orders under this Act as are conferred on county councils by subsection (1) of this section.

(4) Any expenses incurred by a town council in any year in the exercise of the powers conferred by the last foregoing subsection may be defrayed in whole or in part from any one or more assessments levied by the council in such year or in the following year, as the council may determine:

Provided that any ratepayer entitled to exemption from any assessment leviable by the town council may, in accordance with the next succeeding subsection, appeal against any such determination to the Secretary of State, whose decision shall be final.

(5) An appeal under the last foregoing subsection shall be made within fourteen days from the publication or advertisement, in manner provided by section three hundred and forty of the [55 & 56 Vict. c. 55.] Burgh Police (Scotland) Act, 1892, or otherwise, of the assessment appealed against, and in the event of such appeal being sustained in whole or in part, and any such assessment being quashed or varied, it shall be competent to the town council, notwithstanding anything in any enactment, forthwith to rectify and readjust, in accordance with the decision of the Secretary of State, the assessment so quashed or varied.

(6) In addition, any county council, or town council connected with the locality to which any draft Provisional Order referred to Commissioners under this Act relates, may make a report to the Commissioners respecting the provisions of the draft order, and the Commissioners shall consider the recommendations contained in the report, but the making of such a report shall not confer any right to a hearing by the Commissioners.