Local Government (Scotland) Act 1947

152 Schemes for dissolution of special water and drainage districts.

(1) A county council may, whenever they think it desirable, and shall, if so required by the Secretary of State and within such period not being less than twelve months as he may specify, prepare and submit to the Secretary of State for approval a scheme providing for the dissolution of all the special water supply districts or all the special drainage districts within the county, and such scheme may make provision—

(a) for different dates for the dissolution of different special districts;

(b) with respect to the property and liabilities relating to the special districts so dissolved;

(c) for payment, during such period not exceeding ten years as the scheme may provide, of rates of different amounts per pound within the areas which formed the special districts so dissolved or any of them from the amount of the rates payable within the rest of the landward area of the county;

(d) for the protection of the interests of officers employed for the purposes of the special districts so dissolved, by applying such of the provisions of Part XVII of this Act as are considered necessary or proper; and

(e) with respect to such other matters as may be considered necessary or proper for winding up the special districts.

The Secretary of State before requiring a county council to prepare and submit a scheme under this subsection may cause a local inquiry to be held.

(2) Before making any such scheme, the county council shall publish in a newspaper circulating in the county and in the Edinburgh Gazette a notice stating their intention to make such a scheme, that a copy of the draft scheme is open to inspection at a specified place and during a specified period within the county and that representations thereon in writing may be made to- the council within twenty-eight days after the date of the publication of the notice in the said newspaper or the date of the publication in the Edinburgh Gazette, whichever is the later, and shall consider any representations in writing which may be submitted to them within that period.

(3) The county council shall send to the Secretary of State when submitting the scheme for approval the representations received by them on the draft scheme, and the Secretary of State may before approving a scheme cause a local inquiry to be held.

(4) The Secretary of State may approve the scheme either as submitted or with such modifications and amendments as he thinks proper, and upon approval of the scheme the county council shall as soon as practicable take all steps necessary to carry the scheme as approved into effect.

(5) If a county council fail to submit to the Secretary of State by the date specified in the notice by the Secretary of State under subsection (1) of this section a scheme in accordance with the provisions of this section, which he is prepared to approve, the Secretary of State may himself after such consultation as he considers necessary make a scheme for the purpose, but before making such a scheme he shall publish in a newspaper circulating in the county and in the Edinburgh Gazette a notice stating his intention to make such a scheme, that a copy of the draft scheme is open to inspection at a specified place and during a specified period and that representations thereon in writing may be made to him within twenty-eight days after the publication of the notice in the said newspaper or in the Edinburgh Gazette, whichever is the later, and he shall consider any representations in writing which may be submitted to him within that period, and any scheme so made shall have effect as if it were a scheme made by the county council and approved by the Secretary of State; and the county council shall as soon as practicable, take all steps necessary to carry the scheme into effect.

(6) Any scheme made under this section may be altered at any time before it has been fully carried into effect by a supplementary scheme made by the county council and approved by the Secretary of State, and the provisions of this section with respect to the original scheme shall subject to the necessary modifications apply to any such supplementary scheme.

(7) A county council in making, and the Secretary of State in making or approving, a scheme under this section, shall have regard to the desirability of securing that the service for which the special districts were formed is made available as far as reasonably practicable throughout the landward area of the county.