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Local Government (Scotland) Act, 1947 |
1947 (10 & 11 Geo. 6.) CHAPTER 43. |
ARRANGEMENT OF SECTIONS |
Part I |
CONSTITUTION AND ELECTIONS. LOCAL GOVERNMENT AREAS. |
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Constitution. |
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County Councillors. |
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Election of County Councillors representing Landward Area. |
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Election of County Councillors representing Burghs. |
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Alteration of Number of County Councillors and of Electoral Divisions. |
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Convener and Vice-Convener of County. |
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Constitution. |
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Town Councillors. |
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Election of Town Councillors. |
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Provost, Magistrates, Honorary Treasurer and Judges of Police. |
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District Council Schemes and Constitution of District Councils. |
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District Councillors. |
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Election of Elected District Councillors. |
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Chairman and Vice-Chairman of District Council. |
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General. |
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Part II |
GENERAL PROVISIONS AS TO MEMBERS OF LOCAL AUTHORITIES AND ELECTIONS. |
Qualifications for Office. |
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Disqualifications for Office. |
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authority. |
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Declaration by member elected by Local Authority. |
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Resignation and Vacation of Office. |
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Casual Vacancies. |
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Miscellaneous Provisions as to Elections. |
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Offences. |
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Part III |
MEETINGS, PROCEEDINGS AND OFFICES OF LOCAL AUTHORITIES. |
Meetings and Proceedings. |
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Halls, Offices and Buildings. |
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Part IV |
OFFICERS. |
Officers of County Council. |
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Officers of Town Council. |
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Officers of District Council. |
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Officers of Joint Committee or Joint Board. |
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General. |
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Part V |
ADMINISTRATIVE SCHEMES, COMMITTEES AND JOINT COMMITTEES. |
Administrative Schemes. |
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Certain Statutory Committees of Local Authorities. |
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General Power to Appoint Committees and Provisions as to Committees. |
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Combination of Local Authorities. |
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Appointment by County Council of Town Councils of Small Burghs and District Councils to be Agents. |
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Provisions common to Committees, Joint Committees and Joint Boards. |
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Part VI |
CHANGE OF NAME OF AREAS, BOUNDARIES OF AREAS AND ALTERATION OF AREAS. |
Change of Name. |
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Boundaries of Areas. |
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Alteration of Areas. |
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Supplemental Provisions. |
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Part VII |
SPECIAL DISTRICTS. |
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Part VIII |
ACQUISITION OF AND DEALINGS IN LAND BY LOCAL AUTHORITIES. |
Acquisition of Land by Agreement. |
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Compulsory Acquisition of Land. |
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Title to Land. |
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Appropriation of Land. |
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Erection of Buildings, &c. |
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Disposal of Land. |
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General. |
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Part IX |
ACCOUNTS, FUNDS AND EXPENSES OF LOCAL AUTHORITIES. |
Financial Year. |
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Accounts. |
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County Fund and Expenses of County Council. |
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Burgh Fund and Expenses of Town Council. |
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District Council Fund and Expenses of District Council. |
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Expenses of Justices of the Peace. |
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Fee Fund of Local Authority. |
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Accounts to be made up Yearly and laid before Local Authority for Approval. |
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Limitation of Annual Expenditure in certain cases. |
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General. |
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Part X |
AUDIT OF ACCOUNTS OF LOCAL AUTHORITIES. |
Accounts subject to Audit, Appointment of Auditors and Production of Books and Documents. |
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Intimation of Audit and Right of Inspection of Abstract of Accounts by Ratepayers. |
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Reports by Auditor and Surcharge, &c. |
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General. |
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Part XI |
LEVY AND COLLECTION OF RATES BY RATING AUTHORITIES AND REQUISITIONS FOR PAYMENT BY OTHER LOCAL AUTHORITIES. |
Rating Authorities and Requisitioning Authorities and General Duties. |
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Requisitions. |
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General Provisions as to Rates. |
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Levy of Rates. |
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Payment of Rates. |
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Assessment Roll. |
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Demand Note. |
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Appeals against Rates. |
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Levy of Occupiers' Rates on Owner in Certain Cases. |
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Relief of Rates as between Occupiers. |
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Exemptions from Payment of Rates. |
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Expenses. |
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Recovery and Priority of Rates. |
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Miscellaneous. |
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Part XII |
BORROWING BY LOCAL AUTHORITIES. |
Purposes for which, Restrictions subject to which, and Modes in which, Money may be Borrowed by Local Authorities and Security for Money so Borrowed. |
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Repayment of Money Borrowed by Local Authorities. |
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Provisions as to Mortgages. |
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Provisions as to Stock. |
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Loans Fund. |
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General Provisions as to Borrowing. |
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General Provisions as to Securities. |
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General. |
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Part XIII |
LOCAL FINANCIAL RETURNS. |
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Part XIV |
BYELAWS. |
Power of County Council and Town Council to make certain Byelaws. |
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Code of Procedure, Penalties, &c., in case of Byelaws under several Enactments. |
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Part XV |
PROMOTION OF AND OPPOSITION TO PRIVATE LEGISLATION BY LOCAL AUTHORITIES. |
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Part XVI |
TRANSFER OF FUNCTIONS, &C. |
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of large burghs. |
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Part XVII |
PROVISIONS CONSEQUENTIAL ON TRANSFER OF FUNCTIONS BY OR BY VIRTUE OF THIS ACT. |
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Part XVIII |
DEAN OF GUILD COURT, DEAN OF GUILD, &C. |
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Part XIX |
BURGESSES. |
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Part XX |
GENERAL. |
Contracts and Obligations. |
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Travelling Expenses, &c. of Members of County Council. |
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Expenditure by County Council and Town Council on Special Purposes. |
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Acceptance of Gifts. |
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Transfer of Stock on Change of Name of Local Authority, &c. |
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Execution of Deeds and Use of Seal. |
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Legal Proceedings, Notices, &c. |
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Custody of Records and Documents. |
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Reports and Returns. |
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Local Inquiries. |
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Provision for Default of Local Authority. |
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Charitable Trusts, Parish Trusts, &c. |
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Miscellaneous Provisions. |
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SCHEDULES: |
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Local Government (Scotland) Act, 1947 |
1947 (10 & 11 Geo. 6.) CHAPTER 43. |
[31st July 1947.] |
An Act to consolidate with amendments the enactments relating to authorities for the purposes of local government in Scotland. |
BE it enacted by the King's most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:-- |
PART I |
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1.--(1) For the purposes of local government, Scotland shall be divided into counties, counties of cities, large burghs and small burghs, and the landward area of every county shall, save as provided in this Part of this Act, be divided into districts comprising one or more electoral divisions in accordance with a district council scheme made by the county council of the county and approved by the Secretary of State under the Local Government (Scotland) Act, 1929 , or this Act. |
(2) Subject to the constitution of new authorities or any alteration of boundaries or other alteration which may take effect after the passing of this Act-- |
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(3) It is hereby declared that Orkney and Zetland are separate counties for all purposes other than the election of a member of Parliament. |
(4) References in this Act to a large burgh shall be deemed to include references to a county of a city except where otherwise provided and except that references to burghs within a county shall not include references to a county of a city. |
Constitution. |
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2.--(1) For every county there shall be a county council which shall, subject to the provisions of this Act, be entrusted with the management of the administrative and financial business of the county and have all such functions as are vested in the county council by this Act or otherwise. |
(2) The county council shall be a body corporate by the name of the county council with the addition of the name of the county, shall have perpetual succession and a common seal and may sue or be sued under that name. |
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3.--(1) A county council shall consist of-- |
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(2) The number of county councillors for each county and the number of councillors representing respectively the landward area and each of the burghs within the county shall, subject to any alteration made under this Part of this Act or Part VI of this Act, remain the same as at the commencement of this Act. |
County Councillors. |
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4.--(1) Subject to the provisions of this section, the term of office of a county councillor shall be three years, and in every third year on the second Tuesday of November the whole number of councillors shall retire from office and their places shall be filled by election. |
(2) Notwithstanding anything in this Act-- |
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Election of County Councillors representing Landward Area. |
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5. The election of county councillors representing the landward area of the county shall take place on the second Tuesday of November in the year nineteen hundred and forty-eight, and subsequent elections of such councillors shall take place on the second Tuesday of November in every third year thereafter. |
Election of County Councillors representing Landward Area. |
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6.--(1) For the purpose of electing county councillors for the landward area of a county, that area shall be divided into electoral divisions. |
(2) There shall be a separate election for each electoral division. |
(3) The number, contents and boundaries of the electoral divisions in each county shall, subject to any alteration under this Part of this Act or Part VI of this Act, remain the same as at the commencement of this Act. |
Election of County Councillors representing Landward Area. |
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7.--(1) The electors at an election of a county councillor for any electoral division shall be the persons entitled, by virtue of the provisions of the Representation of the People Acts, to vote at that election. |
(2) No person shall vote at an election of county councillors for the landward area of a county in more than one electoral division in the county or give more than one vote in any such election. |
Election of County Councillors representing Landward Area. |
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8. The county council may divide an electoral division in the county into polling districts, and may alter any polling district, and may abolish polling districts in an electoral division. |
Election of County Councillors representing Landward Area. |
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9.--(1) The county council shall appoint a person to be the returning officer for the purposes of each election of county councillors for the landward area, and if the person so appointed dies, resigns or for any other reason is unable to act, the Secretary of State may appoint another person to be the returning officer at that election. |
(2) The returning officer may by writing under his hand appoint one or more fit persons to be his depute or deputes for all or any of the purposes of the election, and anything required or authorised to be done by, to or before the returning officer in relation to the election may, so far as the depute is authorised to act, be done by, to or before any depute so appointed, and any reference in this Act to a returning officer shall, where a depute returning officer is acting for the returning officer under this subsection, include a reference to the depute returning officer. |
Election of County Councillors representing Landward Area. |
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10.--(1) Subject to the provisions of this Act, an election of a county councillor for an electoral division shall be conducted in accordance with the provisions of the Second Schedule to this Act. |
(2) References in the Second Schedule to this Act to county councillors shall be construed as references to county councillors for the landward area of a county. |
Election of County Councillors representing Landward Area. |
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11.--(1) All expenses properly incurred by the returning officer or the county clerk in relation to the holding of an election of county councillors for the landward area (including expenses properly incurred by the returning officer or the county clerk in any legal proceedings arising out of the election), not exceeding such scale as the county council may fix and as may be applicable, shall be paid (so far as not otherwise provided by law) by the county council and defrayed as part of the general expenses of the council relating exclusively to the landward area of the county. |
(2) Before a poll is taken at any such election, the county council shall at the request of the returning officer advance to him such sum not exceeding ten pounds for every thousand electors at the election as he may require. |
Election of County Councillors representing Burghs. |
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12. Subject to the provisions of this Act relating to fishing burghs, county councillors representing a burgh within the county shall be elected by the town council of the burgh from among their own number at a meeting of the town council to be held in the month of November (after the annual election of town councillors in that month) in the year in which the election of county councillors representing the landward area is appointed to take place. |
Alteration of Number of County Councillors and of Electoral Divisions. |
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13. Subject to the provisions of this Act relating to the publication of orders under this Part of this Act, the Secretary of State may, on the representation of a county council or the town council of a burgh within the county or a majority of the county councillors representing the landward area, and shall, so far as necessary for the purpose of giving effect to a direction under paragraph (d) of subsection (2) of section four of this Act, by order alter-- |
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and in making any such alteration the Secretary of State shall have regard to the population, the distribution and pursuits of the population, the area, and any other circumstances of the landward area and the burghs respectively which appear to him to affect the matter. |
Convener and Vice-Convener of County. |
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14.--(1) The chairman of a county council, who shall be called the convener of the county, shall be elected by the county council from among the county councillors. |
(2) The term of office of the convener of the county shall be from the day of his election as provided in the next succeeding subsection until the second Tuesday of November in the third year after the day of his election. |
(3) The election of the convener of the county shall be the first business transacted at the first meeting of the county council held after the election of county councillors, and at that meeting until the convener is elected the returning officer at the election and failing him such councillor as may be selected by the meeting shall preside. |
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(4) The convener of the county shall, by virtue of his office unless disqualified by any Act, be a justice of the peace for the county, but before acting as such justice he shall take the oaths required by law to be taken by a justice of the peace for the county, unless he is at the date on which he is elected convener a justice of the peace for the county and has taken such oaths or unless the provisions of the Ex-officio Justices of the Peace (Scotland) Act, 1898 , apply in his case. |
(5) Every county council shall at the first meeting of the council held after the election of county councillors elect a county councillor to be vice-convener of the county who shall hold office until the expiration of the term of office of the convener and, subject to any standing orders made from time to time by the council, anything authorised or required to be done by, to or before the convener may, in the absence of the convener or in the event of his being unable to act for any reason or of a vacancy in the office of convener, be done by, to or before the vice-convener, except that he shall not, by virtue of being vice-convener, act as a justice of the peace. |
(6) A person holding the office of convener or vice-convener may at any time resign that office by a notice in writing signed by him and delivered to the county clerk and the resignation shall take effect upon the expiration of three weeks after the date of delivery of the notice or upon such earlier date, if any, as may be stated in the notice as the date on which the resignation is to take effect. |
(7) A person holding the office of convener or vice-convener shall cease to hold that office upon ceasing to be a county councillor. |
(8) A casual vacancy in the office of convener or vice-convener of the county, whether caused by death or resignation from the office or by the holder of the office ceasing to be a county councillor, shall be filled as soon as practicable by the county council at a meeting of the council the notice of which specifies the filling of the vacancy as an item of business, and the person appointed to fill the vacancy shall hold office only so long as the convener or vice-convener in whose place he was appointed would have held office. |
Constitution. |
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15.--(1) For every burgh there shall be a town council which shall to the extent provided by this Act or otherwise be entrusted with the management of the administrative and financial business of the burgh and have all such functions as are vested in the town council by this Act or otherwise. |
(2) The town council of a burgh shall be a body corporate-- |
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(3) The town council shall have perpetual succession and a common seal and may sue and be sued under any of the said corporate names. |
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16.--(1) A town council shall consist of councillors for the burgh elected by the local government electors of the burgh in accordance with the provisions of this Act. |
(2) The number of councillors and magistrates to be elected in each burgh shall, subject to any alteration made under this Part of this Act or Part VI of this Act, remain the same as at the commencement of this Act. |
(3) In any small burgh formed after the commencement of this Act the number of councillors and magistrates to be elected shall be determined by the sheriff in his deliverance under Part VI of this Act. |
(4) Subject to the provisions of this Act relating to the publication of orders under this Part of this Act, the Secretary of State, on the representation of the town council of a burgh, which representation may be combined with a representation for the alteration of wards under this Part of this Act, may by order-- |
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and in any such order the Secretary of State may determine or make provision for the determination of any question arising in connection with the increase or decrease: |
Provided that any such order shall secure that there shall be three or a multiple of three councillors for the burgh and for each ward. |
Town Councillors. |
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17.--(1) The term of office of a town councillor shall be three years or such other period until the date of his retirement in accordance with the provisions of this Act. |
(2) On the first Tuesday of November in every year one-third of the whole number of town councillors in the case of a burgh not divided into wards, and one-third of the town councillors for each ward in the case of a burgh divided into wards, shall retire from office, and their places shall be filled by election, the number to retire consisting of those who have been longest in office since their last election: |
Provided that where the number of councillors for any burgh or ward is not divisible by three, the number to retire in a year shall, until the number of councillors or the number of the wards in the burgh is altered under this Act, be regulated by the practice existing immediately before the commencement of this Act. |
(3) Where it is necessary in order to make up the number to retire in accordance with the foregoing provisions that one or more councillors should retire out of the number of those that have been in office for an equal period, then the councillor or councillors to retire shall be those who had the smallest number of votes at their last election, and if there was no contest or an equality of votes at the said election, the town council shall at a meeting determine by lot the order of retiral. |
Election of Town Councillors. |
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18. The ordinary day of election of town councillors of a burgh shall be the first Tuesday of November in each year. |
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19.--(1) Where a burgh is not divided into wards, there shall be one election of town councillors for the whole burgh. |
(2) Where a burgh is divided into wards, there shall be a separate election of town councillors for each ward. |
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20. The number, contents and boundaries of wards into which a burgh is divided shall, subject to any alteration made under this Part of this Act or Part VI of this Act, remain the same as at the commencement of this Act. |
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21.--(1) Subject to the provisions of this Act relating to the publication of orders under this Part of this Act, the Secretary of State, on the representation of the town council of a burgh, which representation may be combined with a representation for the alteration of number of councillors under this Part of this Act, may by order-- |
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and for the purpose of giving effect thereto may determine or alter the number of councillors to be elected for each ward or apportion the existing councillors among the wards, and in any such order the Secretary of State may determine or provide for the determination of any question arising in connection therewith: |
Provided that any such order shall secure that there shall be three or a multiple of three councillors for the burgh and for each ward. |
(2) In dividing a burgh into wards or in altering the number or contents and boundaries of wards, the Secretary of State shall have regard to the number of local government electors in each ward and any other circumstances which appear to him to affect the matter. |
(3) Where a burgh is being divided into wards under this section or in the case of any other alteration under this section where the Secretary of State considers it proper and so directs in the order, all the members of the town council, including the provost and the honorary treasurer, shall, notwithstanding anything in this Act, retire at the first election held after the division is completed, or in accordance with the order, and a new council shall be elected. |
(4) Any division of a burgh into wards or any alteration of the number or contents and boundaries of wards in a burgh or any abolition of the division of a burgh into wards under this section shall have effect for parliamentary as well as municipal purposes, but shall not affect the limits of any division of the burgh for the purpose of returning a member to serve for the division in Parliament. |
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(5) Any alteration of the number or contents and boundaries of wards in a burgh made under this section shall not affect the operation of the provisions of the Temperance (Scotland) Act, 1913 , as respects any area to which there applies a resolution under that Act passed before the alteration under this section takes effect. |
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22.--(1) The electors at an election of town councillors of a burgh shall be the persons entitled, by virtue of the provisions of the Representation of the People Acts, to vote at that election. |
(2) Every elector may give one vote and no more for any one candidate: |
Provided that-- |
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23. The town council of a burgh may divide the burgh or any ward thereof into polling districts, and may alter any polling district, and may abolish polling districts in the burgh or any ward. |
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24.--(1) At an election of town councillors of a burgh, the provost shall be the returning officer, but if the office of provost is at the time vacant or if the provost is one of the councillors falling to retire at the election or his term of office expires or he resigns office as at the date of the election or he is incapacitated from acting by illness, absence or other cause or he declines or fails to act, the acting chief magistrate as hereinafter defined shall be the returning officer, and if the provost and all the bailies fall to retire at the election or are prevented from acting or fail to act as returning officer for any of the reasons aforesaid, the town clerk or any fit person appointed by him shall act as returning officer. |
(2) The returning officer may by writing under his hand appoint one or more fit persons to be his depute or deputes for all or any of the purposes of the election and anything required or authorised to be done by, to or before the returning officer in relation to the election may, so far as the depute is authorised to act, be done by, to or before any depute so appointed, and any reference in this Act to a returning officer shall, where a depute returning officer is acting for the returning officer under this subsection, include a reference to the depute returning officer. |
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25. Subject to the provisions of this Act, an election of town councillors of a burgh shall be conducted in accordance with the provisions of the Second Schedule to this Act. |
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26. All expenses properly incurred by the returning officer or the town clerk in relation to the holding of an election of town councillors of a burgh (including expenses properly incurred by the returning officer or the town clerk in any legal proceedings arising out of the election) shall be paid by the town council and shall be defrayed out of the common good of the burgh or as part of the general expenses of the council, or partly in the one way and partly in the other, as the council determine. |
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27. Where in any burgh many local government electors are engaged in the fishing industry and often absent from home in pursuance of their occupation at the time when the annual election of town councillors is due to take place under this Act (which burgh is in this Act referred to as a "fishing burgh"), the Secretary of State, on the representation of the town council of the fishing burgh and after such inquiry, if any, as he shall deem proper, may, subject to the provisions of this Act relating to the publication of orders under this Part of this Act, make an order appointing the annual retirement and election of town councillors to take place on a day other than the first Tuesday of November to be specified in the order, not being earlier than the first Tuesday of November or later than the first Tuesday of February, and making such consequential alterations in the dates or months mentioned in this Act or the dates mentioned in any other enactment or any statutory order as appear to him to be dependent on the date of the annual election (including the date for the election of county councillors representing the fishing burgh), and thereupon the date of retirement and election and other dates as aforesaid shall be altered accordingly. |
Provost, Magistrates, Honorary Treasurer and Judges of Police. |
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28.--(1) The provost of a burgh shall be elected by the town council of the burgh from among the town councillors. |
Any reference in this Act to a provost in the case of a burgh in which the provost is entitled to the designation of lord provost shall, unless the context otherwise requires, be construed as a reference to the lord provost. |
(2) Subject to the provisions of this Act relating to filling casual vacancies in the office of provost, the term of office of the provost shall be from the day of his election to that office as hereinafter provided until the first Tuesday of November in the third year after the day of his election, and during that period, notwithstanding anything in this Act, he shall not, so long as he continues to hold the office of provost, be due to retire as a town councillor. |
(3) The lord provost of a county of a city shall, by virtue of his office unless disqualified by any Act, be a justice of the peace for the county of the city, and the provost of any other burgh shall, by virtue of his office unless disqualified by any Act, be a justice of the peace for the county in which the burgh is situated, but before acting as such justice he shall take the oaths required by law to be taken by a justice of the peace for the county of the city or for the county, as the case may be, unless he is, at the date on which he is elected to act as lord provost or provost, a justice of the peace for the county of the city or for the county, as the case may be, and has taken such oaths or unless the provisions of the Ex-officio Justices of the Peace (Scotland) Act, 1898, apply in his case. |
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29.--(1) The magistrates of a burgh other than the provost shall be called bailies and shall be elected by the town council from among the town councillors. |
(2) Subject to the provisions of this Act relating to filling casual vacancies in the office of bailie, the term of office of a bailie shall be from the day of his election to that office as hereinafter provided until the day on which he falls in ordinary course to retire as a town councillor: |
Provided that the town council may, when electing to the office of bailie a councillor who has previously held that office, fix a shorter term of office in his case. |
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30.--(1) The town council of every burgh shall elect a town councillor to the office of honorary treasurer of the burgh, and the person so elected shall, subject to the directions of, the council, exercise general superintendence over the finances of the council and shall be convener of the finance committee appointed by the council under this Act. |
(2) Subject to the provisions of this Act relating to filling casual vacancies in the office of honorary treasurer, the term of office of the honorary treasurer shall be from the day of his election to that office until the first Tuesday of November in the third year after the day of his election, and during that period, notwithstanding anything in this Act, he shall not, so long as he continues to hold the office of honorary treasurer, be due to retire as a town councillor. |
(3) The town council of every burgh in which there is not at the commencement of this Act an honorary treasurer shall elect a town councillor to be honorary treasurer of the burgh at the first meeting of the council held after the day of the annual election of town councillors in the year nineteen hundred and forty seven or at any adjournment of that meeting. |
(4) A person shall not at any one time hold the offices of magistrate of a burgh and honorary treasurer of the burgh, and where a person holding the office of magistrate is elected to the office of honorary treasurer, he shall be deemed to have resigned from the office of magistrate, or where a person holding the office of honorary treasurer is elected to the office of magistrate, he shall be deemed to have resigned from the office of honorary treasurer. |
(5) A person holding the offices of magistrate of a burgh and honorary treasurer of the burgh at the commencement of this Act, shall, unless he intimates to the town clerk in writing before the expiration of fourteen days thereafter that he desires to remain a magistrate and to resign from the office of honorary treasurer, be deemed to have resigned from the office of magistrate at the expiration of the said period. |
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31.--(1) At the meeting of the town council to be held on the first Friday after the day of the annual election of the town councillors or at any adjournment thereof the council shall fill up by election all vacancies that may then exist in the offices of provost, bailie and honorary treasurer, and where more than one bailie is elected at the same time shall determine the order of seniority among the bailies so elected. |
(2) If the town council fail to meet on the day mentioned or to fill any of the said vacancies at the said meeting or at any adjournment thereof, the council may fill the vacancy at any subsequent meeting of the council, but if the council fail to fill any such vacancy within the month of November the sheriff shall, on the application of any four local government electors for the burgh, appoint a councillor to fill the vacancy or, if none of the councillors is willing to accept the office, appoint a person to the office from among the local government electors for the burgh, and the person so appointed shall be a councillor of the burgh for all purposes, so however that his term of office shall expire at the next annual election of town councillors and he shall not be reckoned as part of the number of councillors falling to retire at that election, nor shall his appointment interfere in any way with the ordinary rotation of retirement of the other councillors. |
(3) The returning officer at the annual election of town councillors or in the case of his absence the senior bailie present at the meeting or failing any bailie such one of the town councillors as may be selected by the meeting shall preside at the meeting mentioned in subsection (1) of this section: |
Provided that the said person presiding shall preside-- |
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(4) In the case of a burgh formed after the commencement of this Act, the town council first elected shall hold their first meeting at twelve noon on the first Friday after the day of the first election of town councillors, and at that meeting the provost, bailies and honorary treasurer shall be elected. A person appointed by the sheriff shall preside at the meeting until the election of the provost. |
(5) The election of a magistrate shall not be affected by reason only of any nullity or irregularity in the election of any other magistrate. |
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32. If the provost of a burgh is unable for any reason or fails to discharge any of the functions of his office, the senior bailie, or, if the senior bailie is unable or fails to do so, the next senior bailie, and so on throughout the whole number of bailies, may, subject to any standing orders of the council, discharge any function which the provost, as such, might discharge under this Act or any other enactment or any statutory order except that he shall not by virtue of this section act as a justice of the peace, and anything that requires to be done by, to or before the provost under any enactment or statutory order may be done by, to or before the person acting in his place as aforesaid. Such person is in this Act referred to as the "acting chief magistrate". |
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33.--(1) A person holding the office of provost, bailie, or honorary treasurer may at any time resign that office by a notice in writing signed by him, and delivered to the town clerk, and the resignation shall take effect upon the expiration of three weeks after the date of delivery of the notice or upon such earlier date, if any, as may be stated in the notice as the date on which the resignation is to take effect. |
(2) Where a person resigns from the office of provost or honorary treasurer at any time after the day on which he would have been due to retire as a town councillor had he not been elected to that office, his resignation as a provost or honorary treasurer shall be deemed to involve his resignation as a town councillor. |
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34.--(1) A casual vacancy in the office of provost or bailie or honorary treasurer of a burgh, whether caused by death or resignation from the office or by the holder of the office ceasing to be a town councillor or otherwise shall be filled as soon as practicable by the town council at a meeting of the council of which notice specifying that the filling of the vacancy is to be considered has been given to each town councillor not less than five days before the date of the meeting: |
Provided that-- |
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(2) A person elected to fill a casual vacancy under this section shall hold office only until the day of the next annual election of town councillors except where the casual vacancy is filled at the meeting of the council held on the first Friday after the day of the annual election of town councillors or at any adjournment thereof. |
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35. The provost and other magistrates of a burgh shall, while holding office as such, be freed and exempted from being returned and from serving upon juries. |
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36. The town council of a burgh may appoint any town councillor of the burgh who has held the office of magistrate of any burgh having a police court to be a judge of the police court and to sit as magistrate in the police courts of the burgh until he is due to retire as a town councillor or for such shorter period as the council may determine, and any person while acting as a judge of the police court and sitting may exercise any jurisdiction, power or authority competent to or exercisable by any magistrate of the burgh sitting in the police court. Such councillor is in this Act referred to as a "judge of police". |
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37. A person holding the of office of provost, bailie, honorary treasurer, or judge of police of a burgh shall cease to hold that office upon ceasing to be a town councillor. |
District Council Schemes and Constitution of District Councils. |
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38.--(1) Save as in this section provided, every county council shall have a scheme made by the county council and approved by the Secretary of State (in this Act called "a district council scheme") dividing the landward area of the county into districts for the purposes of district councils in such manner that each district shall comprise one or more electoral divisions. |
(2) The district council scheme made and approved under section twenty-five of the Local Government (Scotland) Act, 1929, and in force in a county at the commencement of this Act shall, until it is revoked or altered under this Part of this Act or Part VI of this Act, be the district council scheme for the county. |
(3) A district council scheme for a county may be revoked or altered by a district council scheme prepared and submitted to the Secretary of State for his approval by the county council, and the council shall, so far as necessary for the purpose of giving effect to a direction by the Secretary of State under proviso (iii) to subsection (2) of the next but one succeeding section, prepare and submit to the Secretary of State forthwith a scheme amending the district council scheme. |
The Secretary of State may approve the scheme either as submitted or with such modifications and amendments as he thinks proper and on approval the scheme shall have effect, and any such scheme may make provision for doing anything which may be required or be expedient for the proper carrying into effect of the scheme, including without prejudice to the said generality provision for financial adjustments in the case of a scheme altering the boundaries of a district. |
(4) In the case of each of the counties of Kinross and Nairn, the provisions of this section and of so much of section one of this Act as refers to the division of the landward area of every county into districts shall not apply unless the county council of the county so determine, and until the council so determine, references in this Act or any other enactment or any statutory order to a district council and to the district of a district council shall be construed as references to the county council and to the county respectively: |
Provided that if the county council of either of the said counties at any time determine that the county shall be divided into districts, the county council shall make a district council scheme and submit the same to the Secretary of State for his approval, and the provisions of the immediately preceding subsection shall, subject to any necessary modifications, apply to any such scheme as they apply to a scheme altering the boundaries of a district. |
(5) A district council scheme under this section shall not be made by a county council except at a meeting of the council the notice of which specifies the making of the scheme as an item of business. |
(6) The county council shall cause to be published in a newspaper circulating in the district to which a scheme will apply a notice that the scheme is being submitted to the Secretary of State for his approval, and the Secretary of State shall consider any objections and representations made to him with respect to the scheme. |
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39.--(1) For every district there shall be a district council which shall have all such functions as are vested in the district council by this Act or otherwise. |
(2) The district council shall be a body corporate by the name of the district council with the addition of the name of the district shall have perpetual succession and may have a common seal and may sue and be sued under that name. |
(3) The district council shall consist of-- |
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(4) The number of district councillors for the district and the apportionment of the elected district councillors among the electoral divisions or wards within the district shall be such as are specified in the district council scheme for the time being in force. |
District Councillors. |
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40.--(1) An ex officio member of a district council shall hold office as a member of the council only so long as he is a county councillor representing an electoral division within the district. |
(2) The term of office of an elected district councillor shall be three years, and in every third year on the second Tuesday of November the whole number of elected district councillors shall retire from office and their place shall be filled by election: |
Provided that-- |
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Election of Elected District Councillors. |
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41. The election of elected district councillors shall take place on the second Tuesday of November in the year nineteen hundred and forty-eight, and subsequent elections of such councillors shall take place on the second Tuesday of November in every third year thereafter. |
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42.--(1) There shall be a separate election of elected district councillors for each electoral division within a district or, where an electoral division is divided into wards, for each ward thereof. |
(2) Where a district comprises only one electoral division and that division is not divided into wards, there shall be one election of elected district councillors for the whole district. |
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43.--(1) The number, contents and boundaries of wards into which an electoral division within a district is divided shall, subject to any alteration made by a district council scheme or otherwise under this Part of this Act or Part VI of this Act, remain the same as at the commencement of this Act. |
(2) A district council scheme may-- |
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and for the purpose of giving effect thereto may determine or alter the number of elected district councillors to be elected for each ward or apportion the existing elected district councillors for an electoral division among the wards thereof, and such a scheme may provide for the determination of any question arising in connection therewith or for doing anything that is considered necessary or proper for giving full effect to the scheme so far as referring to the matters aforesaid: |
Provided that a county council shall before preparing a district council scheme making any provision under this subsection consult with the district council of the district concerned. |
(3) In dividing an electoral division into wards or altering the number or contents and boundaries of wards in an electoral division or determining or altering the number of district councillors to be elected for each ward or apportioning the existing elected district councillors for an electoral division among the wards under this section, regard shall be had to the number of local government electors and any other circumstances which appear to affect the matter. |
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44.--(1) The electors at an election of elected district councillors shall be the persons entitled, by virtue of the provisions of the Representation of the People Acts, to vote at that election. |
(2) Every elector may give one vote and no more for any one candidate: |
Provided that-- |
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45.--(1) Subject to the provisions of this Act, an election of elected district councillors shall be conducted in accordance with the provisions of the Second Schedule to this Act, and the county council of the county shall make due provision for the election of elected district councillors, and, subject to the provisions of the immediately succeeding section, shall pay the expenses incurred in relation thereto. |
(2) References in Part IV of the Second Schedule to this Act to district councillors shall be construed as references to elected district councillors. |
(3) A county council may refer to the Secretary of State any question that may arise as to the performance of their duty under Part IV of the Second Schedule to this Act, and the determination of the Secretary of State shall be final. |
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46. The expenses incurred in relation to the election of elected district councillors by a county council, as ascertained and apportioned by agreement between the county council and the district council concerned or failing agreement by the Secretary of State, shall be repaid to the county council by the district council and be defrayed by the district council as part of their general expenses. |
Chairman and Vice-Chairman of District Council. |
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47.--(1) The chairman of a district council shall be elected by the district council from among the district councillors. |
(2) The term of office of the chairman of the district council shall be from the day of his election to that office as provided in the next succeeding subsection until the second Tuesday of November in the third year after the day of his election. |
(3) The election of the chairman of the district council shall be the first business transacted at the first meeting of the council held after the election of district councillors, and at that meeting, until the chairman is elected, such district councillor as may be selected by the meeting shall preside. |
(4) The chairman of a district council shall, by virtue of his office unless disqualified by any Act, be a justice of the peace for the county within which the district is situated, but before acting as such justice he shall take the oaths required by law to be taken by a justice of the peace for the county, unless he is at the date on which he is elected chairman a justice of the peace for the county and has taken such oaths or unless the provisions of the Ex-officio Justices of the Peace (Scotland) Act, 1898, apply in his case. |
(5) Every district council shall at the first meeting of the council held after the election of district councillors elect a district councillor to be vice-chairman of the district council, who shall hold office until the expiration of the term of office of the chairman, and subject to any standing orders made from time to time by the council anything authorised to be done by, to or before the chairman may, in the absence of the chairman or in the event of his being unable to act for any reason, or of a vacancy in the office of chairman, be done by, to or before the vice-chairman except that he shall not by virtue of being vice-chairman act as a justice of the peace. |
(6) A person holding the office of chairman or vice-chairman of a district council may at any time resign that office by a notice in writing signed by him and delivered to the clerk of the council and the resignation shall take effect upon the expiration of three weeks after the date of delivery of the notice or upon such earlier date, if any, as may be stated in the notice as the date on which the resignation is to take effect. |
(7) A person holding the office of chairman or vice-chairman of a district council shall cease to hold that office upon ceasing to be a district councillor. |
(8) A casual vacancy in the office of chairman or vice-chairman of a district council, whether caused by death or resignation from the office or by the holder of the office ceasing to be a district councillor, shall be filled as soon as practicable by the district council at a meeting of the council of which notice specifying that the filling of the vacancy is to be considered has been given to each councillor not less than seven days before the date of the meeting, and the person appointed to fill the vacancy shall hold office only so long as the chairman or vice-chairman in whose place he is appointed would have held office. |
General. |
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48. Where at a meeting of a local authority or a joint committee or joint board or any committee or sub-committee thereof held under this Act or held under any other enactment or any statutory order which does not contain any provision on the subject an equal number of votes is given for two or more persons-- |
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the meeting shall determine by lot which of the persons, for whom an equal number of votes is given, shall be elected or selected, as the case may be. |
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49.--(1) The Secretary of State before making an order under this Part of this Act shall cause a draft of the proposed order or a notice setting forth the place at which and the period during which a copy of the draft may be inspected free of charge to be published in such manner as he shall determine in order to make the same known to all persons interested and shall consider any objections and representations respecting the proposed order and may if he sees fit to do so cause a local inquiry to be held. |
(2) Any order made by the Secretary of State under this Part of this Act or a notice setting forth the place at which and the period during which a copy of the order may be inspected free of charge shall as soon as may be be published by the clerk of the local authority to whom the order applies in the Edinburgh Gazette and in a newspaper circulating in the area to which the order relates. |
PART II |
Qualifications for Office. |
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50. A person shall, unless disqualified by virtue of this Act or any other enactment, be qualified to be nominated as a candidate for election as, or to be elected, or to be, a member of a local authority if he is of full age and a British subject and not subject to any legal incapacity and-- |
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For the purposes of this section, the area of a county council shall include any burgh within the county. |
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51. A person ceasing to hold office to which he is elected under this Act shall, unless he is not qualified or is disqualified, be eligible for re-election. |
Disqualifications for Office. |
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52.--(1) A person shall be disqualified for being nominated as a candidate for election as, or for being elected, or for being, a member of a local authority if-- |
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(i) of the authority or of any committee or sub-committee of the authority; or |
(ii) of any joint committee or joint board the expenses of which are defrayed in part by the authority; or |
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Provided that-- |
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(a) the sequestration of his estate is recalled or reduced; or |
(b) he obtains his discharge from a competent court; |
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(a) the bankruptcy is annulled; or |
(b) he is discharged. |
(2) For the purposes of this section a committee all the members of which, other than any ex-officio members, are appointed by a local authority shall, where the expenses of the committee are defrayed wholly or partly by the authority, be deemed to be a committee of the authority, notwithstanding that the committee may exercise functions which are not vested in the authority. |
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53.--(1) Where a person is at the time of his election disqualified within the meaning of this section for acting as a member of a local authority or where a member of a local authority becomes so disqualified for acting as a member of the authority (such person or member being in this section referred to as "the person in question"), his office shall nevertheless not be vacated and he shall not be prevented from voting or acting as a member of the authority until-- |
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Provided that-- |
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(2) Proceedings to have it declared that an office is vacant for the purposes of paragraph (b) of the preceding subsection may be instituted before the sheriff by the local authority or by any four or more local government electors for the area of the authority (including in the case of a county council any burgh within the county) or in the case of a disqualification alleged to exist at the time of nomination or election by any opposing candidate at the election, on the ground in the case of any person acting as a member of the authority of his being disqualified within the meaning of this section for so acting, and on the like ground in the case of any person claiming to be entitled so to act: |
Provided that proceedings under this subsection on the ground of a person acting as aforesaid may not be instituted after the alleged disqualification has ceased to exist, but nothing in this subsection shall be deemed to prevent proceedings under this section being dealt with and disposed of although the person has ceased to act as aforesaid. |
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The procedure in any such proceedings shall, so far as practicable, be that applicable in the case of an election petition under the Elections (Scotland) (Corrupt and Illegal Practices) Act, 1890 . |
(3) Where in any proceedings under subsection (2) of this section it is proved that |
the person in question has acted as a member of a local authority while disqualified for so acting, the sheriff shall have power-- |
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(4) Where in any such proceedings it is proved that the person in question claims to act as a member of a local authority and is disqualified from so acting, the sheriff shall have power to make a declaration to that effect and to declare that the office in which the person in question claims to be entitled to act is vacant and to grant interdict against the person in question so acting. |
(5) For the purposes of this section, the sheriff means the sheriff (other than a sheriff substitute) of the county in which the area of the local authority is situated. |
(6) The sheriff shall have the same powers and privileges as a judge on the trial of a parliamentary election petition. |
(7) For the purposes of this section, a person shall be deemed to be disqualified for acting as a member of a local authority and a disqualification shall be deemed to exist in his case if he is not qualified to be or is disqualified for being a member of the authority. |
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54. The acts and proceedings of any person elected to an office under this Act and acting in that office shall, notwithstanding any question as to the validity of his election or his disqualification or want of qualification, be as valid and effectual as if he had been duly elected and qualified. |
Declaration by member elected by Local Authority. |
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55. A person who is elected by a local authority as a member of the authority shall, before attending a meeting or otherwise acting as a member of the authority, sign a declaration that:-- |
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and any person attending a meeting or otherwise acting as a member of the authority before signing such a declaration, or signing such a declaration knowing any statement therein to be false, shall be liable on summary conviction to a fine not exceeding fifty pounds. |
Resignation and Vacation of Office. |
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56. A member of a local authority may at any time resign his office as member by a notice in writing signed by him and delivered to the clerk of the authority, and his resignation shall take effect upon the expiration of, three weeks after the date of delivery of the notice or upon such earlier date, if any, as may be stated in the notice as the date on which the resignation is to take effect. |
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57.--(1) 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 he has been granted leave of absence by the authority as in this section provided or unless the failure to attend was due to some reason approved by the authority, be deemed to have become disqualified for acting as a member of the authority and the provisions of section fifty-three of this Act shall apply in his case: |
Provided that-- |
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(2) A local authority may grant leave of absence to a member of the authority, on his application and on reasonable cause shown, for any period not exceeding at any one time twelve months. |
(3) The provisions of this section shall not apply to a person who is ex-officio a district councillor in respect of his member-ship of a county council. |
Casual Vacancies. |
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58.--(1) A casual vacancy in the office of member or a local authority shall arise or be deemed to have arisen in any of the following events; that is to say-- |
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(2) Where a person is both a county councillor representing a burgh within the county and a county councillor for an electoral division of the county, a casual vacancy shall be deemed to have arisen in the office of county councillor representing the burgh, except where all the town councillors of a burgh are county councillors by virtue of being town councillors, in which case the casual vacancy shall be deemed to have arisen in the office of county councillor for the electoral division, and the vacancy for the purposes of this section shall be deemed to have arisen on the date of election by the town council or the date of election for the electoral division, whichever is the later. |
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59.--(1) Subject to the provisions of this section, on a casual vacancy occurring in the office of a member of a local authority, the authority shall, as soon as practicable after the date on which the vacancy shall be deemed to have arisen (not being more than six months thereafter in the case of a county council or a district council and not being more than three months thereafter in the case of a town council) determine, at a meeting of the authority the notice of which specifies the consideration of the filling of the casual vacancy as an item of business, whether the authority shall themselves elect a person to fill the vacancy or whether they shall order that an election by the electors be held for the purpose, and if they determine themselves to elect a person to fill the vacancy they shall at the said meeting or at a meeting held as soon as practicable thereafter elect a person. |
(2) A person elected by a town council to fill a casual vacancy shall hold office only until the day of the annual election of town councillors next after the date on which the vacancy is deemed to have arisen, and an election by the electors shall then be held to fill the vacancy: |
Provided that where a vacancy is deemed to have arisen within the period of five weeks preceding the day of the annual election then, unless the vacancy arose in the office of a town councillor due to retire at that election, the person elected by the council shall hold office until the day of the next succeeding annual election. |
If the councillor whose office was filled by the election by the town council under this section was due to retire in ordinary course at the annual election at which the person so elected is due to retire, that person shall be reckoned as one of the councillors due to retire at that election but, save as aforesaid, he shall not be so reckoned. |
(3) If a local authority order that an election by the electors be held for the purpose of filling the vacancy, the election shall be held as soon as practicable thereafter on a date to be fixed by the authority and shall be conducted in the same manner as an election in ordinary course, and the provisions of this Act with respect to such an election shall apply subject to any necessary modifications and to the substitution for the dates set out in Part II of the Second Schedule to this Act of such dates as the returning officer shall fix. |
Provided that in the case of a vacancy in the office of an elected district councillor the date of the election shall be fixed by the county council who shall appoint a returning officer for the purposes of the election. |
(4) Where a casual vacancy is deemed to have arisen in the office of a member of a county council or district council within nine months and of a town council within four months before the next election in ordinary course, the local authority may at the meeting at which they consider the filling of the vacancy determine not to take action with respect to filling the vacancy but to direct that the vacancy shall be filled at the next election in ordinary course: |
Provided that-- |
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(5) Where more than one casual vacancy in the office of a town councillor is filled at the same election, whether the election is by the town council or by the electors, or where at an annual election two or more vacancies are to be filled, then, as between the members elected, the person elected by the smallest number of votes shall, for the purpose of ascertaining the councillors due to retire, be deemed to have been longest in office, and the person elected by the next smallest number of votes shall be deemed to have been the next longest in office, and so with respect to the others, and if there has not been a contested election, or if there has been an equality of votes between persons elected, or if any doubt arises, the order of retirement shall be determined by lot. |
(6) Where under this section any question is required to be determined by lot, the lots shall as soon as practicable after the question has arisen be drawn at a meeting of the town council. |
(7) At any election to fill a casual vacancy (other than such an election combined with an ordinary election of town councillors) any person may, notwithstanding anything in this Act, vote in any electoral division or ward for which he is registered as a local government elector. |
(8) Save as otherwise provided in this section, a person elected to fill a casual vacancy in the office of town councillor shall, for the purposes of ascertaining the councillors due to retire at an annual election, be treated as holding office from the date of his election under this section. |
(9) Such of the foregoing provisions of this section shall not apply as are inconsistent with the provisions of a local Act. |
(10) The foregoing provisions of this section shall not apply in the case of a casual vacancy in the office of county councillor representing a burgh, and where any such casual vacancy occurs the town council of the burgh shall, as soon as practicable (not being more than three months) after the date on which the vacancy shall be deemed to have arisen, appoint a person to fill the vacancy, and such person shall hold office until the time of the next election in ordinary course by the town council of representatives to the county council under section twelve of this Act. |
Miscellaneous Provisions as to Elections. |
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60.--(1) A candidate at an election of a county councillor for any electoral division of a county or of town councillors of a burgh of or an elected district councillor shall be entitled for the purpose of holding public meetings in furtherance of his candidature to use free of charge, after reasonable notice and at all reasonable times during the period commencing on the day on which the notice of election is given and ending on the day preceding the day of election, any suitable room in a grant-aided school situated in the electoral area in which he is a candidate (or if there is no such school in the area, in such a school in an adjacent electoral area), or any suitable room the expense of maintaining which is payable by a district council: |
Provided that-- |
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(2) Any question as to what is reasonable or suitable under this section shall be determined where the question arises in relation to a room in a school by the authority or person having control of the school, and in the case of a room maintained by a district council by that council. |
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61.--(1) An election held under this Act shall not be invalidated-- |
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(2) Any misnomer or inaccurate description of any person or place named in any register of electors, nomination paper, ballot paper or notice shall not affect the full operation of that document with respect to that person or place in any case where the description of the person or place is such as to be commonly understood. |
(3) The election of a member of a local authority shall not be affected by reason only of any nullity or irregularity in the election of any other member of the authority. |
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62. An election held under this Act or under any enactment repealed by this Act, unless questioned by election petition within the period fixed by law for those proceedings, shall be deemed to have been to all intents a good and valid election. |
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63. If at an election of members of a local authority the poll is countermanded in accordance with the provisions of the Second Schedule to this Act by reason of the death of a candidate before the commencement of the poll or in accordance with any enactment repealed by this Act, the returning officer shall order an election to be held as soon as practicable thereafter on a date to be fixed by him, and the provisions of this Act with respect to the holding of elections shall apply with the substitution of such dates as the returning officer may fix for the dates set forth in Part II of the Second Schedule to this Act and subject to any other necessary modifications and adaptations, so however that no fresh nomination shall be necessary in the case of a candidate who remained validly nominated for the election which was not held. |
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64.--(1) If for any reason a local authority or members of a local authority are not elected in accordance with the provisions of this Act and the case is not otherwise provided for in this Act, 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 the Third Schedule to this Act, the Secretary of State may by order direct the holding of an election for filling such vacancies as exist, and (except where the election relates to county councillors representing a burgh) the election shall be held as soon as practicable thereafter on a date to be fixed by the Secretary of State, and the provisions of this Act with respect to the holding of elections shall apply with the substitution of such dates as the Secretary of State may fix for the dates set forth in Part II of the Second Schedule to this Act and subject to such other modifications and adaptations as may be specified in the order. |
(2) The Secretary of State may by order 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 under the preceding subsection. |
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65.--(1) Any ballot boxes, fittings and compartments provided for parliamentary elections out of moneys provided by Parliament may on request be lent to the returning officer at an election under this Act upon such terms and conditions as the Treasury may determine. |
(2) Any ballot boxes, fittings and compartments provided by or belonging to a local authority shall on request and if not required for immediate use by that authority, be lent to the returning officer at an election held under this Act on such terms and conditions as may be agreed. |
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66. Save as otherwise expressly provided, nothing in this Act shall affect the provisions of the Elections (Scotland) (Corrupt and Illegal Practices) Act, 1890. |
Offences. |
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67.--(1) If a person whose duty it is to act as returning officer at or to take part in the conduct of an election under this Act neglects or refuses to conduct the election or to declare the result of or to take part in the conduct of the election as required by this Act, he shall for every such offence be liable on summary conviction to a fine not exceeding one hundred pounds. |
(2) If any returning officer or officer appointed by the returning officer under the Second Schedule to this Act or the partner or clerk of any such officer shall act as a polling or counting agent under the said Schedule in contravention of the provisions of paragraph 48 of Part III of that Schedule, he shall be liable on summary conviction to a fine not exceeding fifty pounds. |
(3) If any person acts in contravention of, or fails to comply with, any of the provisions of paragraph 53 of Part III of the Second Schedule to this Act, he shall in respect of each contravention or failure be liable on summary conviction to imprisonment for a term not exceeding six months. |
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68. If any person-- |
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he shall-- |
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69. If any person-- |
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he shall be guilty of the crime of personation and shall be liable-- |
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70. If any person, at an election held under this Act-- |
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he shall (except in the case to which subsection (7) of section fifty-nine of this Act applies) be liable on summary conviction to a fine not exceeding fifty pounds: |
Provided that the fact that any person has asked for a ballot paper in any of the said electoral areas in circumstances which entitled him only to mark a tendered ballot paper in pursuance of paragraph 23 of Part III of the Second Schedule to this Act, shall not, if he does not exercise that right, prevent his voting or asking for a ballot paper in another electoral area. |
PART III |
Meetings and Proceedings. |
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71. Subject to the provisions of this Part of this Act and of any local Act, the provisions of Parts I to IV of the Third Schedule to this Act relating to the meetings and proceedings of local authorities and of committees and sub-committees thereof and the meetings and proceedings of the magistrates of a burgh shall have effect. |
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72.--(1) A county councillor representing a small burgh shall not be entitled to exercise a deliberative vote or to submit a motion or, except with leave of the meeting, to take part in a discussion in respect of any matter relating solely to the exercise of a function which the county council are not entitled to exercise within the burgh. |
(2) A county councillor representing a large burgh shall not be entitled to exercise a deliberative vote or to submit a motion or, except with leave of the meeting, 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, mainly to the exercise of a function which the county council are entitled to exercise within the burgh or to a service which the county council under this Act or any other enactment or any statutory order or by arrangement provide within the burgh. |
(3) Notwithstanding anything in this section, a county councillor representing any burgh whether large or small shall be entitled to exercise a deliberative vote, submit a motion and take part in a discussion in respect of any matter relating to the change of name of the county. |
(4) For removal of doubts it is hereby declared that a county councillor representing any burgh shall not be entitled to exercise a deliberative vote or to submit a motion or, except with leave of the meeting, to take part in a discussion in respect of any matter relating to the election of a county councillor for an electoral division in the county, or an extension of boundaries of a burgh, or the formation of a new burgh, or the dissolution of a small burgh. |
(5) Any reference in this Act or in any other enactment to the whole number of members of a county council or to every member of a county council or to the whole number of councillors or members of a county council or any such reference to the like effect or to a specified portion thereof shall as regards any matter be construed as a reference to the whole number of county councillors entitled to exercise deliberative votes in respect of that matter or to a specified portion thereof, as the case may be, so however that for the purpose of ascertaining the number entitled to exercise deliberative votes in the matter members who are disabled from voting by reason only of the immediately succeeding section shall not be excluded. |
For the purpose of ascertaining the whole number of county councillors entitled to exercise deliberative votes in respect of any matter under this subsection where the question arises otherwise than at a meeting, county councillors representing a large burgh shall be deemed to be entitled to exercise deliberative votes in respect of any matter if the convener of the county is of the opinion that the matter relates mainly to the exercise of a function which the county council are entitled to exercise within the burgh or to a service which the county council provide within the burgh. |
A decision by the convener under this subsection with respect to a matter in relation to a meeting shall be binding on the chairman of the meeting at which that matter is the subject of consideration, and a decision by the chairman of a meeting with respect to |
a matter under subsection (2) of this section shall be binding on the chairman of any adjourned meeting at which that matter is the subject of consideration. |
(6) Nothing in this section shall be construed as preventing the convener of the county or the vice-convener of a county or any other county councillor from presiding at a meeting of the county council or a committee or sub-committee thereof, while transacting any business whatsoever or while so presiding from taking part in a discussion in respect of any matter, notwithstanding that such convener, vice-convener or other councillor is a representative of a burgh whether large or small. |
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73.--(1) If a member of a local authority has any pecuniary interest direct or indirect in any contract or proposed contract or other matter and is present at a meeting of the authority at which the contract or other matter is the subject of consideration, he shall at the meeting as soon as practicable after the commencement thereof disclose the fact and shall not take part in the consideration or discussion of or vote on any question with respect to the contract or other matter: |
Provided that this section shall not apply to an interest in a contract or other matter which a member may have as a ratepayer or inhabitant of the area or as an ordinary consumer of gas, electricity or water or to an interest in any matter relating to the terms on which the right to participate in any service provided by the authority, including the supply of goods, is offered to the public. |
(2) For the purposes of this section, a person shall, subject as hereafter in this subsection provided, be treated as having indirectly a pecuniary interest in a contract or other matter if-- |
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Provided that a person shall not be treated as so interested-- |
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(3) For the purposes of this section, a member of a local authority who is or has at any time within three months been in receipt of or is an applicant for poor relief from the authority shall be treated as having indirectly a pecuniary interest in the matter of the amount of outdoor poor relief (other than relief in respect of medical needs) to be provided by the authority in the case of any other person. |
(4) In the case of married persons living together, the interest of one spouse shall, if known to the other, be deemed for the purposes of this section to be also an interest of that other spouse. |
(5) A general notice given in writing to the clerk of the local 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 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 which may be the subject of consideration after the date of the notice. |
(6) The clerk of the local authority shall record in a book to be kept for the purpose particulars of any disclosure made under subsection (1) of this section and of any notice given under subsection (5) thereof, and the book shall be open at all reasonable hours to the inspection of any member of the authority. |
(7) If any person fails to comply with the provisions of subsection (1) of this section, he shall for every offence be liable on summary conviction to a fine not exceeding fifty pounds, unless he proves that he did not know that a contract, proposed contract or other matter in which he had a pecuniary interest was the subject of consideration at the meeting. |
(8) In any case in which the number of members of a local authority disabled by the provisions of this section at any one time would be so great a proportion of the whole as to impede the transaction of any particular item of business, the Secretary of State may, on the application of the authority or otherwise and subject to such conditions as he may think fit to impose, remove any disability imposed by this section as respects such business or, with the consent of the authority and after such inquiry as he may direct, himself transact the business on their behalf--any business so transacted being of full force and effect and binding upon the authority--and the Secretary of State may also, on any such application or otherwise and subject to such conditions as he may think fit to impose, remove any disability in any other case in which it appears to him that it is in the interests of the inhabitants of the area that he should do so: |
Provided that notwithstanding anything in this section every member of the authority may take part in the consideration or discussion of and vote on the question whether any such application shall be made or any such consent granted. |
(9) A local authority may by standing orders provide for excluding a member of the authority from a meeting of the authority while any contract, proposed contract or other matter in which he has such an interest as aforesaid is under consideration. |
Halls, Offices and Buildings. |
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74.--(1) A local authority may acquire or provide and furnish and maintain halls, offices and other buildings whether within or without the area of the authority to be used for the purpose of transacting the business of the authority and the business of any other body or court for which the authority is required or authorised by this Act or any other enactment or any statutory order to provide accommodation and for public meetings and assemblies: |
Provided that buildings shall not be provided for public meetings and assemblies under this section except with consent of the Secretary of State. |
(2) The powers conferred by this section shall in the case of a county council be deemed to include power to acquire or provide and furnish and maintain such halls, offices and buildings in conjunction with court-houses under the Sheriff Court-houses (Scotland) Acts, 1860 to 1884, or any local Act. |
(3) The expenditure incurred by a county council or a town council under this section shall be defrayed as part of such branch or branches of expenditure as the council determine, having regard to the purpose for which the expenditure is incurred in each case. |
(4) Where the town hall of a burgh or the principal offices of the town council are situated outwith the burgh, then not-withstanding anything in this Act or in any other enactment requiring the declaration of the result of an election to be made within the burgh or a dean of guild court or other court for the burgh to be held within the burgh, such declaration may be made or such court may be held at the town hall or principal offices outwith the burgh. |
(5) Any hall, offices or other buildings provided by a local authority under this section or under any enactment repealed by this Act for the purpose of transacting the business of the authority may be used for the purposes of concerts or other entertainments which the authority are hereby authorised to provide or which may be provided by any other person, and any such hall, offices or buildings may be let by the authority for those purposes or for the purposes of meetings or bazaars or for other such purposes at such times and in such manner as will not interfere with the purposes for which the hall, offices or buildings are provided, so however that no concert or other entertainment provided by a local authority under this subsection shall include-- |
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(6) Nothing in this section shall affect the provisions of the Sheriff Court-houses (Scotland) Acts, 1860 to 1884, or any local Act relating to court-houses. |
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75.--(1) A district council shall, for the purpose of any meeting of the council or of any committee or sub-committee thereof or for the purpose of any meeting relating to any of the functions of the council, be entitled to use free of charge after reasonable notice and at all reasonable times any suitable room in a grant-aided school: |
Provided that-- |
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(2) Any question as to what is reasonable or suitable under this section shall be determined by the authority or person having control of the school. |
PART IV |
Officers of County Council. |
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76.--(1) Every county council shall appoint a county clerk who shall be clerk of the council and may pay to him such reasonable salary as they may determine. |
(2) Subject to the provisions of this Part of this Act relating to officers holding office at the commencement of this Act, the salary paid to the county clerk shall, unless otherwise agreed between the county council and the county clerk, be deemed to be the remuneration for all business which he may by reason of his office as county clerk be called upon to perform, including any legal, parliamentary or other business which he may transact on behalf of the council. |
(3) The county clerk shall hold office during the pleasure of the county council, so however that he shall not be removed from office except by a resolution of the council passed by not less than two-thirds of the members present at a meeting of the council the notice of which specifies the consideration of the removal from office of the county clerk as an item of business. |
(4) References in any enactment to the clerk of supply or the county road clerk shall be construed as references to the county clerk, and references to the clerk of the peace in any enactment relating to functions vested in the county council by this Act or otherwise and previously vested in the justices of the peace shall be construed as references to the county clerk. |
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77.--(1) Every county council shall appoint a county treasurer who shall be the chief financial officer of the council and may pay to him such reasonable salary as they may determine. |
(2) Regulations may be made by the Secretary of State prescribing the qualifications which shall be required to be possessed by any person appointed to the office of county treasurer by a county council, and after the date of the regulations or after such later date as may be therein prescribed a person shall not be appointed to that office unless he possesses such qualifications. |
(3) The county treasurer shall hold office during the pleasure of the county council, so however that he shall not be removed from office except by a resolution of the council passed by not less than two-thirds of the members of the council present at a meeting of the council the notice of which specifies the consideration of the removal from office of the county treasurer as an item of business. |
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78.--(1) Every county council shall appoint a county collector who shall be the collector of rates levied by the council and may pay to him such reasonable salary as they may determine. |
(2) The county collector shall hold office during the pleasure of the county council, so however that he shall not be removed from office except by a resolution of the council passed by not less than two-thirds of the members of the council present at a meeting of the council the notice of which specifies the consideration of the removal from office of the county collector as an item of business. |
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79.--(1) Every county council shall appoint a medical officer who shall be called the medical officer of health of the county and an officer who shall be called the sanitary inspector of the county, and shall, subject to the approval of the Secretary of State, regulate the duties of the medical officer and sanitary inspector and their relations to each other, and may pay such officers such reasonable salaries as the council may determine. |
(2) A person shall not be appointed medical officer of health of a county unless he is a registered medical practitioner, and is registered on the medical register as the holder of a diploma in sanitary science, public health or state medicine. |
(3) Except with the sanction of the Secretary of State, no person shall be appointed sanitary inspector of a county unless he possesses such qualifications as may be prescribed by the Secretary of State. |
(4) The names and addresses of the medical officer of health and the sanitary inspector appointed under this section shall be reported by the county council to the Secretary of State immediately on any such appointment being made. |
(5) Subject to the provisions of this Part of this Act relating to officers holding office at the commencement of this Act, the offices of medical officer of health of a county and sanitary inspector of a county shall not be held by the same person or by persons who stand in relation to one another as partners or as employer and employee. |
(6) Subject to the provisions of subsection (7) of section eighty-seven of this Act, the medical officer of health of a county or the sanitary inspector of a county shall not hold any other appointment or engage in private practice or employment without the written consent of the county council. |
(7) Neither the medical officer of health nor the sanitary inspector of a county shall be removable from office except by or with the sanction of the Secretary of State. |
(8) The sanitary inspector of a county shall be the inspector of common lodging-houses within the meaning of the Public Health Acts. |
(9) The medical officer of health of a county and the sanitary inspector of a county shall make to the Secretary of State such annual and other reports and returns as he may require, and such reports and returns shall be in such form as he may direct. |
(10) A county council may appoint for the purpose of this section two or more medical officers of health or two or more sanitary inspectors: |
Provided that-- |
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and where any appointments are made under this subsection the other provisions of this section shall apply subject to the necessary modifications. |
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80.--(1) Every county council shall appoint a county surveyor who shall be the county road surveyor for the purposes of the Roads and Bridges Acts, and may pay to him such reasonable salary as they may determine. |
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(2) References to a district surveyor and to a district in section forty-nine of the Roads and Bridges (Scotland) Act, 1878 (which provides for reports on the condition of highways and estimates of the costs of maintenance) shall be construed as references to the county surveyor and to the county respectively. |
(3) The county surveyor shall hold office during the pleasure of the county council, so however that he shall not be removed from office except by a resolution of the council passed by not less than two-thirds of the members present at a meeting of the council the notice of which specifies the consideration of the removal from office of the county surveyor as an item of business. |
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81.--(1) An assessor under the Valuation Acts appointed by a county council shall hold office during the pleasure of the council, so however that he shall not be removed from office except by a resolution of the council passed by not less than two-thirds of the members present at a meeting of the council the notice of which specifies the consideration of the removal from office of the assessor as an item of business. |
(2) It shall not be lawful for a county council to appoint an officer of Inland Revenue to be assessor under the Valuation Acts or for such an officer to continue to act as assessor without the consent of the Treasury, and where an officer of Inland Revenue is appointed assessor with the consent of the Treasury, the amount of the salary payable to him shall be subject to the approval of the Treasury, and any regulations made with respect to his duties as assessor shall likewise be subject to the approval of the Treasury. |
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82.--(1) Every county council shall appoint such other officers as the council think necessary for the efficient discharge of the functions of the council. |
(2) A county council may pay to every officer appointed by the council under this section such reasonable salary as they may determine, and every such officer shall hold office during the pleasure of the council. |
(3) Nothing in the foregoing provisions of this section shall be deemed to affect the provisions of any enactment or statutory order requiring the appointment of any officer for the purposes of that enactment or order. |
(4) Save as otherwise provided in this Part of this Act or in any other enactment or any statutory order relating to the appointment of an officer, a county council may if they think fit appoint two or more persons jointly to fill one office or one person to fill two or more offices under the council, and where two or more persons are appointed jointly to fill an office, then on the death of any of them, unless otherwise provided in the terms of the appointment, the survivors or survivor shall be deemed to be the holders or holder of the office. |
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83.--(1) A county clerk, a county treasurer, a county collector, a medical officer of health of a county, a sanitary inspector of a county, a county surveyor or an assessor under the Valuation Acts appointed by a county council may, and if required by the county council shall, appoint one or more persons approved by the council to act as his depute or deputes, and all things required or authorised by law to be done by or to the officer appointing the depute or deputes may be done by or to any depute so appointed by him, and any reference in this Act or any other enactment or any statutory order to the officer appointing the depute shall, where the depute is acting for the officer, include a reference to the depute. |
(2) If the office of any of the officers mentioned in the preceding subsection is vacant or the holder of the office is for any reason unable to act and no depute has been appointed under the provisions of the preceding subsection or the depute so appointed is unable to act, the county council may, notwithstanding any law or practice to the contrary, appoint a person to act temporarily in that office for a period not exceeding six months with power to the council to renew the appointment for a further period not exceeding six months, and all things required or authorised by law to be done by or to any such officer may be done by or to the person appointed to act temporarily in the office of that officer, and any reference in this Act or any other enactment or any statutory order to such officer shall, where a person is acting temporarily in his office under this section, include a reference to the person so acting. |
(3) Any depute appointed by an officer under subsection (1) of this section may, notwithstanding that the officer appointing the depute has by reason of death, resignation or other cause ceased to hold office, exercise and discharge the powers and duties of the office until the county council otherwise determine. |
(4) A person shall not be appointed a depute medical officer of health or to act in place of a medical officer of health under this section unless he is a registered medical practitioner, nor shall a person be appointed to act temporarily in place of a medical officer of health for a longer period than six months except with the sanction of the Secretary of State. |
(5) A person acting under this section as depute or in place of an officer shall be deemed to be an officer of the county council, and the council may pay to the person so acting such reasonable remuneration as they may determine. |
(6) A person appointed as a depute under this section shall cease to hold office as depute if either the officer appointing the depute or the county council so determine, but if at the time of his appointment as depute he was an officer of the council or if his duties when acting as depute involve whole-time service with the council he shall not, except where the council so determine, cease to be an officer of the council, and a person appointed to act in place of an officer under this section shall hold office during the pleasure of the county council. |
Officers of Town Council. |
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84.--(1) Every town council shall appoint a town clerk of the burgh who shall be clerk of the council and may pay to him such reasonable salary as they may determine. |
(2) Subject to the provisions of this Part of this Act relating to officers holding office at the commencement of this Act, the salary paid to the town clerk shall, unless otherwise agreed between the town clerk and the town council, be deemed to be the remuneration for all business which he may by reason of his office as town clerk be called upon to perform, including any legal, parliamentary or other business which he may transact on behalf of the council. |
(3) Subject to the provisions of this Part of this Act relating to officers holding office at the commencement of this Act, a town clerk shall, notwithstanding any law or practice to the contrary, hold office during the pleasure of the town council, so however that he shall not be removed from office except by a resolution of the council passed by not less than two-thirds of the members present at a meeting of the council specially called for the purpose, by a circular addressed to the members of the council not less than forty-eight hours nor more than fourteen days before the meeting. |
(4) A town clerk, a depute town clerk, or a partner of, or a person in the employment of a town clerk or a depute town clerk shall not act as agent or solicitor or prosecutor-- |
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and in the event of a contravention of this provision the town clerk or the depute town clerk, as the case may be, shall be forthwith disqualified from holding any office under the council and from being at any time thereafter elected a town councillor, so however that the said disqualification may be removed on the recommendation of the council by an order made by the Secretary of State. |
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85.--(1) Every town council shall appoint a town chamberlain of the burgh who shall be the chief financial officer of the council and may pay to him such reasonable salary as they may determine. Any reference in this Act to the treasurer of a local authority shall in its application to a town council be construed as a reference to the town chamberlain. |
(2) Regulations may be made by the Secretary of State prescribing the qualifications which shall be required to be possessed by any person appointed to the office of town chamberlain by a town council, and after the date of the regulations or after such later date as may be therein prescribed a person shall not be appointed to that office unless he possesses such qualifications. |
(3) Subject to the provisions of this Part of this Act relating to officers holding office at the commencement of this Act, the offices of town clerk and town chamberlain shall not, except with the sanction of the Secretary of State, be held by the same person or by persons who stand in relation to one another as partners or as employer and employee. |
(4) The town chamberlain shall hold office during the pleasure of the town council, so however that he shall not be removed from office except by a resolution passed by not less than two-thirds of the members present at a meeting of the council the notice of which specifies the consideration of the removal from office of the town chamberlain as an item of business. |
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86.--(1) Every town council shall appoint a burgh collector who shall be the collector of rates levied by the council and may pay to him such reasonable salary as they may determine. |
(2) The burgh collector shall hold office during the pleasure of the town council, so however that he shall not be removed from office except by a resolution of the council passed by not less than two-thirds of the members of the council present at a meeting of the council the notice of which specifies the consideration of the removal from office of the burgh collector as an item of business. |
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87.--(1) Every town council shall appoint a medical officer who shall be called the medical officer of health of the burgh, and an officer who shall be called the sanitary inspector of the burgh, and shall, subject to the approval of the Secretary of State, regulate the duties of the medical officer and sanitary inspector and their relations to each other, and may pay such officers such reasonable salaries as the council may determine. |
(2) A person shall not be appointed medical officer of health of a burgh unless he is a registered medical practitioner and is registered on the medical register as the holder of a diploma in sanitary science, public health or state medicine. |
(3) Except with the sanction of the Secretary of State, no person shall be appointed sanitary inspector of a burgh unless he possesses such qualifications as may be prescribed by the Secretary of State. |
(4) The names and addresses of the medical officer of health and the sanitary inspector appointed under this section shall be reported by the town council to the Secretary of State immediately on any such appointment being made. |
(5) Subject to the provisions of this Part of this Act relating to officers holding office at the commencement of this Act, the offices of medical officer of health of a burgh and sanitary inspector of a burgh shall not be held by the same person or by persons who stand in relation to one another as partners or as employer and employee. |
(6) Subject to the provisions of this Part of this Act relating to officers holding office at the commencement of this Act, the medical officer of health of a large burgh or the sanitary inspector of a large burgh shall not hold any other appointment or engage in private practice or employment without the written consent of the town council. |
(7) On any vacancy arising in the post of the medical officer of health of a small burgh, then, unless in any particular case the Secretary of State otherwise agrees, the medical officer of health of the county within which the burgh is situated shall be appointed to the office by the town council of the burgh who shall pay to the county council such proportion of the salary and expenses of the officer as the county council and the town council may agree and failing agreement as may be determined by the Secretary of State. |
(8) Neither the medical officer of health nor the sanitary inspector of a burgh shall be removable from office except by or with the sanction of the Secretary of State. |
(9) The sanitary inspector of a burgh shall be the inspector of common lodging-houses within the meaning of the Public Health Acts. |
(10) The medical officer of health of a burgh and the sanitary inspector of a burgh shall make to the Secretary of State such annual and other reports and returns as he may require, and such reports and returns shall be in such form as he may direct. |
(11) A town council of a large burgh may appoint for the purposes of this section two or more medical officers of health or two or more sanitary inspectors: |
Provided that-- |
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and where any appointments are made under this subsection the other provisions of this section shall apply subject to the necessary modifications. |
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88.--(1) Every town council shall appoint a burgh surveyor whose duties shall include acting as surveyor of the paving and drainage with respect to which the council exercise any function under any enactment or byelaw: |
Provided that this subsection shall not apply where under or in pursuance of a local Act a town council appoint an officer whose functions include the aforesaid functions of the burgh surveyor. |
(2) A town council may appoint an inspector of cleansing of the burgh whose duties shall include superintending and securing compliance with the provisions of the enactments and byelaws relating to cleansing. |
(3) A town council may appoint an inspector of lighting of the burgh whose duties shall include superintending and securing compliance with the provisions of the enactments and byelaws relating to lighting. |
(4) The town council may pay to the burgh surveyor, the inspector of cleansing and the inspector of lighting such reasonable salaries as they may determine. |
(5) The burgh surveyor, the inspector of cleansing and the inspector of lighting shall hold office during the pleasure of the town council, so however that any such officer shall not be removed from office except by a resolution of the council passed by not less than two-thirds of the members present at a meeting of the council the notice of which specifies the consideration of the removal from office of the officer as an item of business. |
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89.--(1) The town council shall appoint a clerk of the police court of the burgh and may pay to the person so appointed such reasonable salary as they may determine. |
(2) Where in any burgh there are two or more police courts, the town council may appoint more than one clerk of the police court and may pay to each such clerk such reasonable salary as they may determine. |
(3) A clerk of the police court shall hold office during the pleasure of the town council. |
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90.--(1) Every town council shall appoint a burgh prosecutor, and may pay to him such reasonable salary as they may determine. |
(2) The burgh prosecutor shall within the burgh have all the powers and privileges pertaining by law to a procurator fiscal. |
(3) Subject to the provisions of this Part of this Act relating to officers holding office at the commencement of this Act, neither the offices of town clerk and burgh prosecutor nor the offices of clerk of police court and burgh prosecutor shall be held by the same person or by persons who stand in relation to one another as partners or as employer and employee. |
(4) In the absence of the burgh prosecutor or any depute or any person acting temporarily in that office, the magistrate or other person presiding at the police court may appoint a person to act in name and on behalf of the burgh prosecutor at any diet and sign complaints for him, so however that the burgh prosecutor shall not be responsible for the acts of any such person. |
(5) A burgh prosecutor shall not be removed from office or have his salary diminished by the town council without consent of the provost or acting chief magistrate of the burgh and the sheriff (not being a sheriff substitute) or, in the case of their differing in opinion, of the Lord Advocate, but a burgh prosecutor may be suspended by the magistrates of the burgh, with consent of the sheriff (not being a sheriff substitute), for a definite period pending any inquiry with a view to his removal: |
Provided that this subsection shall not apply in any case where provision is made by a local Act with respect to the removal from office of the burgh prosecutor. |
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91.--(1) An assessor under the Valuation Acts appointed by a town council, being a local authority for the purposes of the Valuation Acts, shall hold office during the pleasure of the council, so however that he shall not be removed from office except by a resolution of the council passed by not less than two-thirds of the members present at a meeting of the council the notice of which specifies the consideration of the removal from office of the assessor as an item of business. |
(2) It shall not be lawful for a town council to appoint an officer of Inland Revenue to be assessor under the Valuation Acts or for such an officer to continue to act as assessor without the consent of the Treasury, and where an officer of Inland Revenue is appointed assessor with the consent of the Treasury, the amount of the salary payable to him shall be subject to the approval of the Treasury, and any regulations made with respect to his duties as assessor shall likewise be subject to the approval of the Treasury. |
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92.--(1) Every town council shall appoint such other officers as the council think necessary for the efficient discharge of the functions of the council. |
(2) A town council may pay to every officer appointed by the council under this section such reasonable salary as they may determine, and every such officer shall hold office during the pleasure of the council. |
(3) Nothing in the foregoing provisions of this section shall be deemed to affect the provisions of any enactment or statutory order requiring the appointment of any officer for the purposes of that enactment or order. |
(4) Save as otherwise provided in this Part of this Act or in any other enactment or any statutory order relating to the employment of an officer, a town council may if they think fit appoint two or more persons jointly to fill one office or one person to fill two or more offices under the council, and where two or more persons are appointed jointly to fill an office, then, on the death of any of them, unless otherwise provided in the terms of the appointment, the survivors or survivor shall be deemed to be the holders or holder of the office. |
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93.--(1) A town clerk, a town chamberlain, a burgh collector, a medical officer of health of a burgh, a sanitary inspector of a burgh, a burgh surveyor, an inspector of cleansing of a burgh, an inspector of lighting of a burgh, a clerk of police court, a burgh prosecutor or an assessor under the Valuation Acts appointed by a town council may, and if required by the town council shall, appoint one or more persons approved by the town council to act as his depute or deputes, and all things required or authorised by law to be done by or to the officer appointing the depute or deputes may be done by or to any depute so appointed by him, and any reference in this Act or any other enactment or any statutory order to the officer appointing the depute shall, where the depute is acting for the officer, include a reference to the depute. |
(2) If the office of any of the officers mentioned in the preceding subsection is vacant or the holder of the office is for any reason unable to act and no depute has been appointed under the provisions of the preceding subsection or the depute so appointed is unable to act, the town council may, notwithstanding any law or practice to the contrary, appoint a person to act temporarily in that office for a period not exceeding six months with power to the council to renew the appointment for a further period not exceeding six months, and all things required or authorised by law to be done by or to any such officer may be done by or to the person appointed to act temporarily in the office of that officer, and any reference in this Act or any other enactment or any statutory order to such officer shall, where a person is acting temporarily in his office under this section, include a reference to the person so acting. |
(3) If the office of town clerk is vacant, or the town clerk is for any reason unable to act and no depute or other person to act temporarily in place of the town clerk has been appointed, or the depute or person so appointed is unable to act, any function of the town clerk relating to the issue of notices of meetings of the council or of committees thereof or the conduct of elections may be discharged by, and any intimations to the town clerk may be made to, the provost or acting chief magistrate. |
(4) Any depute appointed by an officer under subsection (1) of this section may, notwithstanding that the officer appointing the depute has by reason of death, resignation or other cause ceased to hold office, exercise and discharge the powers and duties of the office until the town council otherwise determine. |
(5) A person shall not be appointed a depute medical officer of health or to act in place of a medical officer of health under this section unless he is a registered medical practitioner, nor shall a person be appointed to act in place of a medical officer of health for a longer period than six months except with the sanction of the Secretary of State. |
(6) A person acting under this section as depute or in place of an officer shall be deemed to be an officer of the town council, and the council may pay to the person so acting such reasonable remuneration as they may determine. |
(7) A person appointed as a depute under this section shall cease to hold office as depute if either the officer appointing the depute or the town council so determine, but if at the time of his appointment as depute he was an officer of the Council or if his duties when acting as depute involve whole-time service with the council he shall not, except where the council so determine, cease to be an officer of the council, and a person appointed to act in place of an officer under this section shall hold office during the pleasure of the town council. |
Officers of District Council. |
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94.--(1) Every district council shall appoint a clerk of the council and a treasurer of the council and such other officers as the council think necessary for the efficient discharge of the functions of the council, and may pay to the clerk, treasurer and other officers appointed under this section such reasonable salaries as the council may determine. |
(2) The clerk, the treasurer and every other officer appointed under this section shall hold office during the pleasure of the council, so however that neither the clerk nor the treasurer shall be removed from office except by resolution of the council passed by not less than two-thirds of the members of the council present at a meeting of the council the notice of which specifies the consideration of the removal from office of the officer as an item of business. |
(3) A clerk or a treasurer of a district council may, and if required by the council, shall, appoint a person approved by the council to act as his depute, and if either of the said offices is vacant or the holder of the office is unable to act and there is no depute acting, the district council may appoint a person to act temporarily in the office for a period not exceeding six months, with power to the council to renew the appointment for a further period not exceeding six months, and all things required or authorised to be done by or to any such officer may be done by or to the depute or person appointed to act temporarily in the office, and any reference in this Act or any other enactment or any statutory order to the principal officer shall include a reference to the depute or person acting in the office. |
(4) Nothing in this section shall be deemed to affect the provisions of any enactment or statutory order requiring the appointment of any officer for the purposes of that enactment or order. |
Officers of Joint Committee or Joint Board. |
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95. A joint committee or joint board may, subject to the agreement, order or other document regulating the joint committee or joint board or in the case of a joint committee or joint board appointed under any enactment, other than this Act, or any statutory order subject to that enactment or statutory order, appoint such officers as the committee or board think necessary for the efficient discharge of the functions of the committee or board and may pay to such officers such reasonable salaries as the committee or board may determine, and any officers so appointed shall hold office during the pleasure of the committee or board. |
General. |
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96. In arranging the terms of service of an officer appointed under this Part of this Act, regard shall be had to the provisions of the Local Government Superannuation (Scotland) Act, 1937 , or any other enactment or any scheme relating to superannuation allowances which is applicable to the officer, and any provision in this Act relating to the tenure of office of an officer under a local authority shall not affect any right or obligation of the officer to retire on attaining any specified age or on the happening of any specified event in pursuance of the said Act of 1937 or such other enactment or scheme. |
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97.--(1) A local authority may regulate the duties of officers employed by the authority under this Act or any other enactment or any statutory order and the relations of these officers to each other, so however that nothing done under this subsection shall be contrary to the provisions of this Act or any other enactment or any statutory order with respect to the employment of any officer for the purposes thereof. |
(2) A local authority may suspend any officer of the authority: |
Provided that this subsection shall not apply in the case of any officer of the authority with respect to whose suspension or removal from office provision is made by any other enactment. |
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98.--(1) Every local authority in the case of each of the treasurer, the collector, and such other officers as the Secretary of State may prescribe shall, and in the case of any other officer employed by them may, require the officer to obtain in name of the authority from any company accepted by the Court of Session as cautioner for a judicial factor appointed by the court security for the faithful execution of his office and for his duly accounting for all money or property which may be entrusted to him to such amount as the local authority think sufficient, not being less in the case of a treasurer or a collector of a county council or a town council than one thousand pounds. |
(2) The provisions of the foregoing subsection shall apply in the case of an officer of a local authority holding office at the commencement of this Act, except in so far as security has been provided by him which complies with that subsection. |
(3) If any officer of a local authority fails to provide security in accordance with subsection (1) of this section within three months after the date on which the authority have required him to do so, he shall be deemed to have resigned from his office at the expiration of the said period of three months. |
(4) A local authority may, in the case of a person who is not employed by them but who or whose employees are or are likely to be entrusted with the custody or control of money or property belonging to the authority, require such person to obtain in name of the authority or themselves take from any such company as aforesaid such security as they think sufficient for all such money or property being duly accounted for. |
(5) The local authority shall defray the premium in respect of any security taken under this section. |
(6) Every such deed of security shall be delivered to and remain in the custody of the clerk of the authority or other officer designated by the authority for the purpose and shall be produced by the clerk or other officer to the auditor at the audit of the accounts of the authority, and the auditor shall in each case report whether in his opinion security of a sufficient amount has been provided and whether the premiums payable have been duly paid. |
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99. If any officer of a local authority becomes insolvent and the sums for which he is accountable are not fully paid by or recovered from him or the company providing security for his intromissions, the deficiency shall be defrayed as part of such branch or branches of expenditure of the authority or out of funds managed by the authority (including in the case of a burgh having a common good the common good of the burgh) as the authority may determine or partly in one way and partly in the other, having regard to the circumstances of the case. |
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100. For removal of doubts it is hereby declared that, notwithstanding any provision in this Act or any other enactment or any statutory order that a person holding any office shall hold the office during the pleasure of a local authority, there may be included in the terms on which he holds the office a provision that the appointment shall not be terminated by either party without giving to the other party such reasonable notice as may be agreed, and where at the commencement of this Act an officer of a local authority holds office upon terms which purport to include such a provision, that provision shall as from the commencement of this Act be deemed to be valid. |
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101. It shall not be lawful for a local authority or for a committee or sub-committee of the authority (including any committee or sub-committee to which section fifty-two of this Act applies) or for a joint committee or joint board containing persons appointed by the authority to appoint to any paid office in the gift or disposal of the authority or of the committee or sub-committee or of the joint committee or joint board, as the case may be, a person who is or has within six months prior to the date of appointment been a member of the authority or a person who is or has within six months prior to the date of appointment been a partner in business of the person who is or has within the said six months been a member of the authority. |
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102.--(1) If it comes to the knowledge of an officer employed by a local authority under this Act or any other enactment or any statutory order 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, he shall as soon as practicable give notice in writing to the authority of the fact that he is interested therein: |
Provided that this subsection shall not apply to an officer other than the clerk or treasurer of the authority, unless the contract relates to a matter in connection with which the officer is employed by the authority and the officer is normally consulted by the authority or by members thereof in connection with such contracts. |
For the purposes of this subsection 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 subsection (2) or subsection (4) of section seventy-three of this Act had he been a member of the authority. |
(2) An officer of a local authority shall not under colour of his office or employment exact or accept for himself any fee or reward whatsoever other than his proper remuneration. |
(3) The provisions of subsections (5) and (6) of section seventy-three of this Act shall subject to any necessary modifications apply in the case of an officer of a local authority as they apply in the case of a member of the authority, so however that the book mentioned in the said subsection (6) shall be open to the inspection only of any member or the clerk of the authority. |
(4) If any person fails to comply with subsection (1) or contravenes any of the provisions of subsection (2) of this section he shall be liable on summary conviction to a fine not exceeding fifty pounds. |
(5) References in this section to a local authority shall include references to a committee or sub-committee of the authority (including any committee or sub-committee to which section fifty-two of this Act applies) or to a joint committee or joint board. |
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103.--(1) An officer of a local authority shall not be personally liable in respect of any act done by him in the execution of any enactment or statutory order relating to a function of the authority and within the scope of his employment, if he acted reasonably and in the honest belief that his duty under such enactment or statutory order required or entitled him to do it: |
Provided that nothing in this subsection shall be construed-- |
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(2) 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 such enactment or statutory order 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 such enactment or order required or entitled him to do it. |
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104.--(1) Subject to the provisions of sections ninety-eight and one hundred of this Act, nothing in this Act shall affect the appointment, emoluments, or tenure of office of any officer of a local authority holding office at the commencement of this Act to which office he was duly appointed in accordance with the law in force at the time of appointment. |
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(2) Nothing in this Part of this Act shall affect the terms of any agreement made between a local authority and the Minister of Transport under subsection (2) of section seventeen of the Ministry of Transport Act, 1919 , with respect to the appointment, retention or dismissal of any engineer or surveyor of the authority responsible for the maintenance of roads. |
PART V |
Administrative Schemes. |
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105.--(1) The county council of every county and the town council of every county of a city shall have a scheme setting forth the administrative arrangements made by the council for discharging throughout their area the functions of the council relating to education. |
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(2) The county council of every county and the town council of every large burgh shall have a scheme setting forth the administrative arrangements made by the council for discharging throughout their area their functions as a local health authority within the meaning of the National Health Service (Scotland) Act, 1947 . |
(3) The county council of every county and the town council of every large burgh shall have a scheme or schemes setting forth the administrative arrangements made by the council for discharging throughout their area the functions of the council relating to (a) poor law, and (b), in the case of a county council, roads. |
Schemes required by this and the two preceding subsections are in this Act referred to as "administrative schemes". |
(4) The administrative scheme or schemes approved under section fourteen of the Local Government (Scotland) Act, 1929, and in force in a county or large burgh at the commencement of this Act shall, until revoked or altered by a scheme made under either of the succeeding subsections of this section, be the administrative scheme or schemes for the county or burgh. |
Where in the area of any local health authority within the meaning of the National Health Service (Scotland) Act, 1947, there is no administrative scheme for the discharge of their functions as such an authority in force at the commencement of this Act, paragraph 1 of the Fifth Schedule to the said Act of 1947 shall, until such an administrative scheme comes into force in that area, continue to apply to that authority in like manner as if this Act had not passed. |
(5) Any administrative scheme may be revoked or altered by a revised scheme prepared and submitted to the Secretary of State by the council to which it relates, and the Secretary of State may approve that scheme as submitted or with such modifications and amendments as he thinks proper, and on approval it shall have effect, and the council shall discharge their functions in accordance with that scheme if it entirely supersedes the previous administrative scheme, and if it amends the previous scheme, in accordance with the previous scheme as amended by the revised scheme. |
Notwithstanding anything in any administrative scheme approved by the Secretary of State before the commencement of this Act, the preparation of the first revised scheme relating to education after the commencement of this Act shall stand referred to the education committee of the council constituted as hereafter in this Part provided. |
(6) The Secretary of State may at any time from time to time require any council having an administrative scheme to review any administrative scheme of the council in order that a revised scheme may be submitted by the council for his approval, and the provisions of the immediately preceding subsection shall apply to the revised scheme when submitted. If the council fail to submit a scheme to the Secretary of State within three months from the date of his requirement, he may himself make a scheme, but before making such a scheme he shall publish in a newspaper circulating in the area to which the scheme will relate a notice stating his intention to make such a scheme and that a copy of the draft scheme is open to inspection at a specified place and that representations thereon may be made to him within fourteen days after the publication of the notice, and he shall consider any representations which may be submitted to him within that period, and any scheme so made shall have effect as if it were a scheme submitted by the council and approved by the Secretary of State and may be revoked or altered in like manner as any other scheme in accordance with the provisions of the immediately preceding subsection. |
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106.--(1) Every administrative scheme of a council relating to education shall, save as provided in this section, provide for the delegation to the education committee of the council of all functions of the council as education authority whether under the Education (Scotland) Act, 1946 , or under any other enactment. |
(2) The following functions shall be excluded from the delegation to the education committee as well as the function of raising money by rate or loan which, in accordance with the provision of section one hundred and twenty-four of this Act, may not be delegated to a committee-- |
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(3) The following functions may be excluded from the delegation to the education committee-- |
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that function shall not be so delegated: provided that in such a case, and without prejudice to the reference or delegation of the said function to any other committee, the scheme shall provide that the said function shall stand referred to the education committee, and the council or any other committee to whom the function may have been delegated shall not, unless in their opinion the matter is urgent, be entitled to exercise the said function until they have received and considered the report of the education committee thereon. |
(4) Every administrative scheme relating to education made after the commencement of this Act shall except where in the special circumstances of a county the Secretary of State otherwise agrees, provide for the constitution of sub-committees of the education committee for the management of educational establishments and for the functions of such sub-committees in accordance with the provisions of section one hundred and nine of this Act. |
(5) Every administrative scheme relating to education shall set forth the functions to be assigned to the director of education. |
(6) Every administrative scheme relating to education made by the county council of a county within which a large burgh is included for the purpose of education shall, unless the Secretary of State otherwise directs, include provision for the co-operation of the county council and the town council in the execution by the county council of the functions of the county council as education authority relating to the medical examination, inspection, supervision and treatment, and to the cleansing of pupils attending schools, junior colleges and other educational establishments in the large burgh. |
The county council, before making any administrative scheme which includes any provision with respect to the matters mentioned in this subsection, shall consult with the town council of the large burgh, and the Secretary of State before approving any such scheme shall consult with the town council, and any such scheme when so approved shall, so far as it contains provisions made under this subsection, be binding on the town council. |
(7) Where the Public Libraries Acts are in operation within any part of the landward area of a county, an administrative scheme of the county council relating to education may provide-- |
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