Local Government (Scotland) Act 1947

72 Voting by county councillors.

(1) A county councillor representing a small burgh shall not be entitled to exercise a deliberative vote or to submit a motion or, except with leave of the meeting, to take part in a discussion in respect of any matter relating solely to the exercise of a function which the county council are not entitled to exercise within the burgh.

(2) A county councillor representing a large burgh shall not be entitled to exercise a deliberative vote or to submit a motion or, except with leave of the meeting, to take part in a discussion except in respect of a matter relating solely or, in the opinion of the person presiding at the meeting, mainly to the exercise of a function which the county council are entitled to exercise within the burgh or to a service which the county council under this Act or any other enactment or any statutory order or by arrangement, provide within the burgh.

(3) Notwithstanding anything in this section, a county councillor representing any burgh whether large or small shall be entitled to exercise a deliberative vote, submit a motion and take part in a discussion in respect of any matter relating to the change of name of the county.

(4) For removal of doubts it is hereby declared that a county councillor representing any burgh shall not be entitled to exercise a deliberative vote or to submit a motion or, except with leave of the meeting, to take part in a discussion in respect of any matter relating to the election of a county councillor for an electoral division in the county, or an extension of boundaries of a burgh, or the formation of a new burgh, or the dissolution of a small burgh.

(5) Any reference in this Act or in any other enactment to the whole number of members of a county council or to every member of a county council or to the whole number of councillors or members of a county council or any such reference to the like effect or to a specified portion thereof shall as regards any matter be construed as a reference to the whole number of county councillors entitled to exercise deliberative votes in respect of that matter or to a specified portion thereof, as the case may be, so however that for the purpose of ascertaining the number entitled to exercise deliberative votes in the matter members who are disabled from voting by reason only of the immediately succeeding section shall not be excluded.

For the purpose of ascertaining the whole number of county councillors entitled to exercise deliberative votes in respect of any matter under this subsection where the question arises otherwise than at a meeting, county councillors representing a large burgh shall be deemed to be entitled to exercise deliberative votes in respect of any matter if the convener of the county is of the opinion that the matter relates mainly to the exercise of a function which the county council are entitled to exercise within the burgh or to a service which the county council provide within the burgh.

A decision by the convener under this subsection with respect to a matter in relation to a meeting shall be binding on the chairman of the meeting at which that matter is the subject of consideration, and a decision by the chairman of a meeting with respect to a matter under subsection (2) of this section shall be binding on the chairman of any adjourned meeting at which that matter is the subject of consideration.

(6) Nothing in this section shall be construed as preventing the convener of the county or the vice-convener of a county or any other county councillor from presiding at a meeting of the county council or a committee or sub-committee thereof, while transacting any business whatsoever or while so presiding from taking part in a discussion in respect of any matter, notwithstanding that such convener, vice-convener or other councillor is a representative of a burgh whether large or small.