Local Government (Scotland) Act 1947

368 Adaptation of local Acts relating to local authorities.

(1) In the case of a local authority to whom a local Act passed before the commencement of this Act applies, the Secretary of State may on the application of the authority make an order—

(a) modifying provisions of the local Act in consequence of the provisions of this Act; or

(b) modifying, provisions of this Act in their application to the authority in consequence of the provisions of the local Act; or

(c) declaring that provisions of the local Act shall cease to have effect; or

(d) declaring that provisions of this Act shall not apply in the case of that authority:

Provided that—

(i) an order under this section shall not, unless the authority consent thereto, be made with respect to any provision of this Act in which reference is made to a local Act;

(ii) an order under this section shall not be made with respect to Part II of this Act so far as relating to offences connected with elections, or Part V of this Act so far as relating to administrative schemes and committees for the purposes of such schemes, or Part X of, or the Second Schedule to, this Act;

(iii) an order under this section shall not affect any provision of a local Act so far as relating to the purpose for which any money may be applied;

(iv) if within five years after the commencement of this Act the Secretary of State has not received an application from the local authority relating to any provision with respect to which it appears to him necessary or proper to make an order under this section, he may make an order with respect to the provision.

(2) An order under paragraph (iv) of the proviso to the immediately preceding subsection shall be subject to special parliamentary procedure.

(3) The Secretary of State shall before making an order under the said paragraph (iv), cause not less than twenty-eight days notice to be given to the local authority of the purport of the order.

(4) Anything, contained in a local Act in its application to a local authority inconsistent with any of the provisions of Part II of this Act so far as relating to offences connected with elections, or Part V of this Act so far as relating to administrative schemes and committees for the purposes of such schemes, or Part X of, or the Second Schedule to, this Act, shall cease to have effect.

(5) Any provision of a local Act applying or adopting any enactment contained in the Burgh Police Acts or in the Town Councils (Scotland) Acts, 1900 to 1923, which is repealed by this Act shall cease to have effect.

(6) Subject to the two immediately preceding subsections and save as otherwise provided in subsection (2) of section three hundred and eighty-one of this Act, the provisions of this Act so far as inconsistent with the provisions of a local Act shall not apply to or as respects the local authority concerned until an order is made under this section with respect to such provisions.