Local Government (Scotland) Act 1947

PART IV Officers.

Officers of County Council.

76 County clerk.

(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.

77 County treasurer.

(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.

78 County collector.

(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.

79 County medical officer of health and county sanitary inspector.

(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 arid 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—

(a) there shall be only one person holding the statutory office of medical officer of health for any particular part of the county; and

(b) there shall, save as hereinafter provided, be only one person holding the statutory office of sanitary inspector for any particular part of the county, so however that the council may, if they consider it necessary, appoint two or more sanitary inspectors for the county or any particular part of the county so long as there is assigned to each of the sanitary inspectors so appointed a separate specified part of the duties pertaining to the office of sanitary inspector ;

and where any appointments are made under this subsection the other provisions of this section shall apply subject to the necessary modifications.

80 County surveyor.

(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.

(2) References to a district surveyor and to a district in section forty-nine of the [41 & 42 Vict. c. 51.] 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.

81 County valuation assessor.

(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.

82 Appointment of other staff.

(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.

83 Appointment of depute or interim officers.

(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.

84 Town clerk.

(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—

(a) on behalf of any party in the trial of any offence in any police court of the burgh; or

(b) on behalf of any party in any opposed proceedings before the dean of guild court of the burgh unless the court have the assistance as legal assessor of an independent person and, where he acts fop a party other than the town council, the sanction of the council has previously been obtained thereto;

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.

85 Town chamberlain.

(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.

86 Burgh collector.

(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.

87 Burgh medical officer of health and burgh sanitary inspector.

(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 iff 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—

(a) there shall be only one person holding the statutory office of medical officer of health for any particular part of the burgh; and

(b) there shall, save as hereinafter provided, be only one person holding the statutory office of sanitary inspector for any particular part of the burgh, so however that the council may if they consider it necessary appoint two or more" sanitary inspectors for the burgh or any particular part of the burgh, so long as there is assigned to each of the sanitary inspectors so appointed a separate specified part of the duties pertaining to the office of sanitary inspector;

and where any appointments are made under this subsection the other provisions of this section shall apply subject to the necessary modifications.

88 Burgh surveyor, inspector of cleansing and inspector of lighting.

(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.

89 Clerk of burgh police court.

(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.

90 Burgh prosecutor.

(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.

91 Burgh valuation assessor.

(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.

92 Appointment of other staff.

(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.

93 Appointment of depute or interim officers.

(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 deputed 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.

94 District council officers.

(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 hot 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.

95 Officers of joint committee or joint board.

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.

96 Regard to be had to enactments relating to superannuation.

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 [1 Edw. 8. & 1 Geo. 6. c. 69.] 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.

97 Local authority may regulate duties of officers, and &c.

(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.

98 Security to be given by officers.

(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.

99 Apportionment of loss due to defalcation of officer of local authority.

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.

100 Notice of termination of appointments held during pleasure.

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.

101 Member of local authority not to be appointed officer of authority or of committee or joint committee or joint board.

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.

102 Disclosure by officers of interest in contracts.

(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.

103 Protection for officer of local authority acting in execution of duty.

(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—

(a) as relieving a local authority from any liability in respect of acts of their officers, or

(b) as exempting any officer of a local authority from being surcharged in accordance with the provisions of Part X of this Act.

(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.

104 Savings for existing officers, and &c.

(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.

(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 [9 & 10 Geo. 5. c. 50.] 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.