Local Government (Scotland) Act 1947

Appointment by County Council of Town Councils of Small Burghs and District Councils to be Agents.

123 County council may appoint town councils of small burghs and district councils to be agents.

(1) Subject to the provisions of this Part of this Act, and of any administrative scheme which may be applicable, a county council may, on such terms and conditions as the councils concerned agree, appoint—

(a) the town council of a small burgh within the county; or

(b) the district council of a district within the county; or

(c) a joint committee of such a town council and district council (of which joint committee the members of the county. council for the burgh and district shall be members),

to act as the agents of the county council to carry out any function (other than a function relating to education or police) vested in the county council and exercisable within the small burgh or district or small burgh and district, as the case may be, so however that no such appointment shall be made as respects a function relating to any form of medical or surgical treatment except with the approval of the Secretary of State, and subject to the terms of appointment a council or joint committee so acting as agent may act through a committee or sub-committee thereof.

The provisions of this subsection shall apply with respect to functions delegated to a county council by the Minister of Transport under the [1 Edw. 8. & 1 Geo. 6. c. 5.] Trunk Roads Act, 1936, as they apply with respect to functions vested in the county council, so however that any appointment with respect to the said functions shall be made only with consent of the said Minister.

(2) Any council so acting as agent or having representation on any such joint committee may contribute towards the expenses incurred by the council or joint committee in so acting as agent, and any such contribution by a town council may be paid as part of such branch or branches of expenditure falling to be defrayed out of rates payable by owners and occupiers in equal proportions as the council determine.