Local Government (Scotland) Act 1947

147 Procedure for formation, alteration, combination or dissolution of special districts....

(1) A county council at any time after giving such notice of the proposal as is provided in this section may, and upon receiving a requisition in writing from any one or more district councils whose districts are wholly or partly within the area to which the requisition relates or from any, ten or more local government electors for the said area and after giving such notice of the requisition as is provided in this section shall, consider the propriety of passing a resolution to form a special district under this Part of this Act, or to alter (by extending or contracting) the boundaries of any special district, or to combine two or more special districts or parts thereof, or to dissolve any special district.

(2) The county council shall cause notice of the proposal or requisition, of the place within the county at which and the period during which the full terms of the proposal or requisition may be inspected, and of the date of the meeting at which it will be considered by the council, to be published in a newspaper circulating in the county and in the Edinburgh Gazette at least twenty-one days before- the date of the meeting of the council, and shall not less than fourteen days before the date of the meeting transmit to the Secretary of State a copy of the notice as published.

(3) The resolution of the county council disposing of the proposal or requisition shall, where necessary, define the boundaries of the special district, and determine all questions regarding the payment of any debt affecting the special district and the right to impose and the obligation to pay any rate affected by the determination and any other matters necessary or proper for carrying the resolution into effect, and shall fix the date at which any such determination shall take effect.

Without prejudice to the foregoing provisions of this subsection, a resolution of a county council altering the boundaries of a special district or combining two or more special districts or parts thereof or dissolving a special district may, if the council consider the circumstances of the case so require, make provision for payment during such period not exceeding ten years as the council may determine, in the case of any such alteration or combination, of rates of different amounts per pound within the areas affected by the alteration or combination or, in the case of any such dissolution, of rates of different amounts per pound within the area which formed the special district from the amount of the rates payable within the rest of the landward area of the county.

(4) Where a county council has upon consideration of a requisition resolved not to form a special district or to alter, combine or dissolve a special district as specified in the requisition, it shall not be competent for any district council or local government electors to make another requisition to the same effect until after the expiration of two years from the date of the requisition.

(5) The county council shall as soon as practicable cause notice of the resolution of the council and of the place within the county at which and the period during which the full terms of the resolution and, if appropriate, a map or plan showing the boundaries of the new or altered special district or districts may be inspected to be published in a newspaper circulating in the county and in the Edinburgh Gazette, and shall within ten days of the date of the meeting at which the resolution was disposed of transmit a copy of the resolution to the Secretary of State.

(6) Any person aggrieved may, within twenty-one days after the date of the publication of the notice of the resolution in a newspaper circulating in the district or the date of the publication in the Edinburgh Gazette, whichever is the later, appeal against the resolution to the sheriff, and the sheriff (not being a sheriff substitute resident in the district or the proposed district) may either approve or disapprove of the resolution or may approve subject to such alteration of boundaries or otherwise as he may determine.

The town council of a burgh may appeal under this subsection to the sheriff, if that council before the expiration of the time within which an appeal against the resolution is competent have presented a petition to the sheriff under Part VI of this Act or promoted private legislation within the meaning of Part XV of this Act to extend the boundaries of the burgh to include the whole or any part of the area proposed to be formed into or included within the special district.

(7) The deliverance of the sheriff shall, where necessary, define the boundaries of the special district and determine all questions regarding the payment of any debt affecting the special district and the right to impose and the obligation to pay any rate affected by the determination and any other matters necessary or proper for carrying the order into effect, and shall fix the date at which any such determination shall take effect.

(8) The sheriff may find any of the parties to an appeal under this section liable in expenses to the other party or parties.

(9) The county council shall as soon as practicable cause a notice of the deliverance of the sheriff, and of the place within the county at which and the period during which the full terms of the deliverance and, if appropriate, a plan or map snowing the boundaries of the new or altered special district may be inspected, to be published in a newspaper circulating in the county and in the Edinburgh Gazette, and shall within ten days of the date of the deliverance transmit a copy thereof to the Secretary of State.

(10) Subject to the foregoing provisions, any expenses incurred by the county council in. connection with the formation or alteration of boundaries of a special district or the combination of special districts into a special district shall be paid out of the rate leviable within the special district for the purposes thereof, and any expenses incurred by the county council in connection with the dissolution of any special district or in any case where a special district is not formed shall be defrayed as part of the expenses of the council under the Public Health Acts relating exclusively- to the whole of the landward area of the county.