Local Government (Scotland) Act 1947

PART XVI Transfer of Functions, &c.

312 Transfer of functions of county road board to county council.

All the functions of the county road board for a county under the Roads and Bridges Acts shall be transferred to and vest in the county council of the county.

313 Transfer of functions relating to licensing of theatres, and &c.

(1) The functions of the justices of the peace of a county under the Theatres Act, 1843, so far as relating to the landward part of the county, shall be transferred to and vest in the county council of the county.

(2) The functions of the justices of the peace of a county under the [6 & 7 Vict. c. 68.] Theatres Act, 1843, so far as relating to a burgh within the county, and the functions of the magistrates of a burgh under sections three hundred and ninety-five to three hundred and ninety-seven, and sections three hundred and ninety-nine, four hundred and four hundred and two of the Burgh Police (Scotland) Act, 1892, relating to theatres and places of public resort, shall be transferred to and vest in the town council of the burgh.

(3) A county council or town council to whom functions are transferred by this section may in any case where they think fit grant a licence without requiring the person to whom the licence is granted or any other person to become bound in a penal sum for the due observance of any rules or byelaws for the regulation of the theatre or other place of public resort or of the conditions of the licence and for securing payment of any penalty for breach of any statutory provision or of any rule or byelaw.

(4) The Secretary of State may make regulations with respect to the form of application for licence, the form of and the manner of signing the licence and the procedure with respect to granting the licence in the case of councils to whom functions are transferred by this section, and such regulations when made shall come in place of the provisions relating to the said matters contained in section five of the Theatres Act, 1843:

Provided that, where a town council have made byelaws under-the Burgh Police Acts relating to any of the matters aforesaid, such byelaws shall to the extent to which they deal with the matters aforesaid apply in lieu of the said regulations.

(5) For the purposes of any enactment relating to theatres or other places of public entertainment, a licence issued by a county council or a town council to whom functions are transferred by this section or by a town council or the magistrates or a committee of the magistrates of a burgh under a local Act shall be deemed to be a licence issued by justices of the peace.

314 Transfer of functions relating to cinemas.

The functions of the magistrates of a burgh under the [9 Edw. 7. c. 30.] Cinematograph Act, 1909, shall be transferred to and vest in the town council of the burgh, except in the case of the cities of Glasgow and Aberdeen.

315 Transfer of functions under various Acts from county council to town councils of large burghs.

The functions of a county council as local authority for the purposes of the enactments set out in the Ninth Schedule to this Act, so far as relating to a large burgh within the county, shall be transferred to and vest in the town council of that burgh.

316 Functions of town council of large burgh under Wild Birds Protection Acts.

The functions exercisable by a county council within the county under the Wild Birds Protection Acts, 1880 to 1908 shall be functions exercisable by the town council of a large burgh within the burgh.