Local Government (Scotland) Act 1947

Constitution.

15 Establishment of town councils.

(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—

(a) by the name of the town council with the addition of the name of the burgh; or

(b) in the case of a burgh in which the provost is entitled to the designation of lord provost, by the name of the lord provost, magistrates and councillors with the addition of the name of the burgh, and in the case of any other burgh by the name of the provost, magistrates and councillors with the addition of the name of the burgh; or

(c) by such other name as may be provided in a local Act.

(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.

16 Constitution of town councils.

(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—

(a) alter the number of councillors or magistrates of the burgh; and

(b) determine the manner in which and the date on which the increase or decrease in the number of councillors or magistrates is to be effected in the burgh and in the different wards thereof, and the order in which and the dates on which the councillors or magistrates as increased or decreased in number are to vacate office;

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.