Local Government (Scotland) Act 1947

132 Appeal to Court of Session against alteration of burgh boundary.

(1) An appeal may be submitted to the Court of Session against any deliverance by the sheriff under the immediately preceding section so far as the same alters the burgh boundary of a burgh, within twenty-one days after the date of the deliverance—

(a) by any person being the owner or occupier of lands which have been included within the burgh by any such deliverance; or

(b) in the case of the alteration of the boundary of a small burgh, by the county council of any county within which any such lands are situated;

and on any such appeal the Court of Session may confirm or revoke or vary the deliverance by the sheriff so far as relating to the alteration of the burgh boundary.

(2) Where the Court vary the burgh boundary as determined by the deliverance of the sheriff, they may, where the deliverance relates thereto, vary the deliverance so far as relating to the alteration in the number or contents and boundaries of wards or in the number of councillors, or remit to the sheriff to make such variation as seems proper to him in consequence of the decision of the Court with respect to the burgh boundary.

(3) The decision of the Court of Session shall be final and shall be recorded in like manner as the deliverance by the sheriff appealed against and shall come into force on the sixteenth day of May first occurring after the date on which it is so recorded, or where a remit is made by the Court to the sheriff, after the date on which the deliverance by the sheriff under that remit is so recorded:

Provided that the Court of Session or, where a remit is made to the sheriff, the sheriff may direct that the decision shall be" deemed to have come into force on the sixteenth day of May last occurring before the day on which it is so recorded.