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Local Government (Scotland) Act 1973

Status:

This is the original version (as it was originally enacted).

  1. Introductory Text

  2. Part I Local Government Areas, Authorities and Elections

    1. New areas and councils

      1. 1.New local government areas in Scotland

      2. 2.Constitution of councils of regions, islands areas and districts

      3. 3.Chairman

    2. Election of Councillors

      1. 4.Term of office and retirement of councillors

      2. 5.Electoral divisions and wards

      3. 6.Returning officers

      4. 7.Conduct of local government elections

      5. 8.Day of ordinary election

      6. 9.Election where poll abandoned or countermanded on death of candidate

      7. 10.Provision in case of non-election of local authority, etc

      8. 11.Establishment of new local authorities and supplementary provisions

  3. Part II Changes in Local Government Areas

    1. Proposals by Local Government Boundary Commission for Scotland

      1. 12.Local Government Boundary Commission for Scotland

      2. 13.Proposals for changes in local government areas

      3. 14.Duty and power to review local government areas

      4. 15.Powers of Secretary of State in relation to reviews

      5. 16.Substantive changes in electoral arrangements

      6. 17.Commission's reports and their implementation

    2. Conduct of Reviews

      1. 18.Procedure for reviews

      2. 19.Local inquiries

    3. Supplementary Provisions

      1. 20.Initial review of areas and electoral arrangements

      2. 21.Delegation of functions of Commission

      3. 22.Restriction on promotion of private legislation for changing local government areas, etc

      4. 23.Change of name of region, islands area or district

      5. 24.Consequential and transitional arrangements relating to Part II

      6. 25.Transitional agreements as to property and finance

      7. 26.Variation and revocation of orders under Part II

      8. 27.Consultation with Boundary Commission on schemes for community councils

      9. 28.Supplementary

  4. Part III General Provisions as to Members of Local Authorities and Proceedings

    1. Qualifications and disqualifications

      1. 29.Qualifications for nomination, election and holding office as member of local authority

      2. 30.Re-election

      3. 31.Disqualifications for nomination, election and holding office as member of local authority

      4. 32.Proceedings for disqualification

      5. 33.Validity of acts done by unqualified persons

    2. Resignation and Vacation of Office

      1. 34.Resignation

      2. 35.Vacation of office by failure to attend meetings

      3. 36.Casual vacancies

      4. 37.Filling of casual vacancies

    3. Restrictions on voting

      1. 38.Disability of members of authorities for voting on account of interest in contracts, etc

      2. 39.Pecuniary interests for purposes of section 38

      3. 40.General notices and recording of disclosures for purposes of section 38

      4. 41.Removal or exclusion of disability, etc

      5. 42.Interpretation of sections 39 and 41

    4. Meetings and proceedings

      1. 43.Meetings and proceedings of local authorities

      2. 44.Admission of public and press to local authority meetings

    5. Allowances to members of local authorities and other bodies

      1. 45.Attendance allowance and financial loss allowance

      2. 46.Travelling allowance and subsistence allowance

      3. 47.Allowances for attending conferences and meetings

      4. 48.Payment of expenses of official and courtesy visits, etc

      5. 49.Provisions supplementary to sections 45 to 48

      6. 50.Regulations as to allowances

  5. Part IV Community Councils

    1. 51.Establishment and general purpose of community councils

    2. 52.Schemes

    3. 53.Amendment of schemes

    4. 54.Default powers of the Secretary of State under Part IV

    5. 55.Assistance to community councils

  6. Part V Internal Organisation

    1. Discharge of functions

      1. 56.Arrangements for discharge of functions by local authorities

      2. 57.Appointment of committees

      3. 58.Expenses of joint committees

      4. 59.Disqualification for membership of committees and joint committees

      5. 60.Disability for voting on account of interests in contracts, etc

      6. 61.Membership of bodies to cease on ceasing to be member of authority

      7. 62.Standing orders, etc

      8. 63.Application of foregoing provisions of Part V to police authorities and joint police committees

    2. Staff

      1. 64.Appointment, etc. of staff

      2. 65.Placing of staff of local authorities at disposal of other local authorities

      3. 66.Security to be taken in relation to officers

      4. 67.Members of local authorities not to be appointed as officers

      5. 68.Disclosure by officers of interest in contracts

  7. Part VI Miscellaneous Powers of Local Authorities

    1. Subsidiary powers

      1. 69.Subsidiary powers of local authorities

    2. Land transactions

      1. 70.Acquisition of land by agreement

      2. 71.Acquisition of land compulsorily

      3. 72.Title to land

      4. 73.Appropriation of land

      5. 74.Disposal of land

      6. 75.Disposal, etc., of land forming part of the common good

      7. 76.Special provisions as to land acquired for public recreation from heir of entail

      8. 77.Payment of purchase or compensation money by one local authority to another

    3. Buildings, contracts, etc

      1. 78.Power to erect buildings, etc

      2. 79.Provision of offices, etc

      3. 80.Interpretation of " functions "

      4. 81.Contracts of local authorities

    4. Private legislation

      1. 82.Power of local authority to promote or oppose private legislation

    5. Miscellaneous

      1. 83.Power of local authorities to incur expenditure for certain purposes not otherwise authorised

      2. 84.Powers of local authorities with respect to emergencies or disasters

      3. 85.Acceptance of gifts of property

      4. 86.Insurance by local authorities against accidents to members

      5. 87.Research and the collection of information

      6. 88.Provision of information, etc., relating to matters affecting local government

      7. 89.Subscriptions to local government associations

      8. 90.Power to encourage visitors and provide conference and other facilities

      9. 91.Social, cultural and recreative activities

      10. 92.Transfer of securities on alteration of area, etc

  8. Part VII Finance

    1. Funds, revenue and expenses

      1. 93.General fund

      2. 94.Capital expenses

      3. 95.Financial administration

    2. Accounts and audit

      1. 96.Accounts and audit

      2. 97.Establishment of Commission for Local Authority Accounts in Scotland

      3. 98.Expenses and accounts of Commission

      4. 99.General duties of auditors

      5. 100.Auditor's right of access to documents

      6. 101.Right of interested person to inspect and object to accounts: completion of audit

      7. 102.Reports to Commission by Controller of Audit

      8. 103.Action by Commission on reports by Controller of Audit

      9. 104.Action by Secretary of State on recommendation by Commission under s. 103(3)

      10. 105.Regulations as to accounts

      11. 106.Application of ss. 93 to 105 to bodies other than local authorities and to officers

    3. Rating

      1. 107.Expenses of local authorities under public general Acts to be met out of rates

      2. 108.Determination and levy of regional, district and general rates

      3. 109.Rating authorities

      4. 110.Payments by regional council to district councils in respect of district rates

      5. 111.Secretary of State may make regulations with respect to rates

    4. Rate rebates

      1. 112.Duty of Secretary of State to make standard scheme for rate rebates

      2. 113.Persons to whom s. 112 applies

      3. 114.Variation of standard scheme by rating authority

      4. 115.Grants towards rate rebates

    5. Valuation

      1. 116.Valuation areas and authorities and appointment of assessors, etc

      2. 117.Postponement of revaluation until 1978-79

    6. Miscellaneous

      1. 118.Local financial returns

      2. 119.Initial expenses of new local authorities

      3. 120.Rate support grant

      4. 121.Rates of interest in relation to certain sums due to local authorities

      5. 122.Miscellaneous amendments of enactments relating to finance

  9. Part VIII Functions

    1. Education

      1. 123.Education authorities

      2. 124.Education committees

      3. 125.School and college councils

      4. 126.Disqualification for membership of education committees, etc

      5. 127.Discharge of education authority functions

      6. 128.Educational endowments

      7. 129.Amendment of Education (Scotland) Act 1962

    2. Housing

      1. 130.Housing

      2. 131.Powers of regional council in relation to housing

      3. 132.Functions under the Rent Acts

    3. The environment

      1. 133.Roads

      2. 134.Buildings

      3. 135.Prevention of river pollution

      4. 136.Deposit of poisonous waste

      5. 137.Flood prevention and food warning systems

      6. 138.Coast protection

      7. 139.Public parks

      8. 140.Allotments

      9. 141.Public conveniences

      10. 142.Public health

      11. 143.Sewerage

      12. 144.Diseases of animals, and plant health

      13. 145.Ordnance Survey

    4. Miscellaneous functions

      1. 146.Police

      2. 147.Fire services

      3. 148.Water

      4. 149.Local weights and measures authorities

      5. 150.Public transport

      6. 151.Co-operation and assistance regarding public transport

      7. 152.Aerodromes

      8. 153.Ferries

      9. 154.Piers and Harbours

      10. 155.Factories

      11. 156.Offices, shops and railway premises

      12. 157.The Shops Act 1950

      13. 158.Food and drugs

      14. 159.Employers liability

      15. 160.Employment of young persons

      16. 161.Social work

      17. 162.Physical training and recreation

      18. 163.Public libraries, museums and art galleries

      19. 164.Civic restaurants

      20. 165.Spray irrigation

      21. 166.Registration of births, deaths and marriages

      22. 167.Authorised registrars

      23. 168.Census

      24. 169.Burial grounds, churchyards etc

      25. 170.War memorials

      26. 171.Miscellaneous functions, etc

  10. Part IX Planning

    1. Planning authorities and plans

      1. 172.Planning authorities

      2. 173.Regional reports

      3. 174.Structure plans

      4. 175.Amendment of provisions relating to approval of structure and local plans by Secretary of State

      5. 176.Local plans

      6. 177.Reserve powers of regional planning authorities regarding local plans

      7. 178.The countryside

    2. Development control

      1. 179.Reference of applications to regional planning authority

      2. 180.Appeals against planning decisions

      3. 181.Powers of regional planning authorities regarding orders under section 42 or 49 of Act of 1972

    3. Miscellaneous

      1. 182.Miscellaneous planning functions

      2. 183.Directions relating to specialist advice

      3. 184.Amendment of enactments relating to planning etc

  11. Part X Licensing, etc

    1. Licensing Courts and Courts of Appeal

      1. 185.Licensing courts and courts of appeal

      2. 186.Transitional and minor and consequential amendments of Licensing (Scotland) Acts

    2. Betting, Gaming and Lotteries

      1. 187.Authorities for purposes of betting, gaming and lotteries, etc

    3. Miscellaneous licensing, registration and related matters

      1. 188.Miscellaneous licensing, registration and related matters

  12. Part XI General Provisions as to Local Authorities

    1. Legal Proceedings, Notices, etc

      1. 189.Legal proceedings

      2. 190.Service of legal proceedings, notices, etc., on local authorities

      3. 191.Claims in sequestrations and liquidations

      4. 192.Service of notices, etc., by local authority

      5. 193.Authentication of documents

      6. 194.Execution of deeds by local authority and use of seal

      7. 195.Public notices

      8. 196.Misnomers, etc., not to affect validity of notices, etc

      9. 197.Inspection and deposit of documents

      10. 198.Photographic copies of documents

      11. 199.Reports and returns

      12. 200.Records

    2. Byelaws

      1. 201.Byelaws for good rule and government

      2. 202.Procedure, etc., for byelaws

      3. 203.Offences against byelaws

      4. 204.Evidence of byelaws

    3. Miscellaneous provisions

      1. 205.Lieutenants

      2. 206.Admission of honorary freemen

      3. 207.Limitation of rights of freemen

      4. 208.Provisions as to Sundays, etc

  13. Part XII Miscellaneous, General and Transitional

    1. Miscellaneous

      1. 209.Removal or relaxation of controls affecting certain local authority functions

      2. 210.Power to direct inquiries

      3. 211.Provision for default of local authority

      4. 212.Limitation of liability of certain owners

      5. 213.Tweed Fisheries Commissioners

    2. General

      1. 214.Consequential and minor modifications and amendments

      2. 215.Consequential and supplementary provisions

      3. 216.Transfer of officers

      4. 217.Continuity of employment in cases of voluntary transfer

      5. 218.Staff commission for Scotland

      6. 219.Compensation for loss of office

      7. 220.Provision for early retirement in lieu of compensation for loss of office

      8. 221.Remuneration of employees of existing local authorities

      9. 222.Transfer of property

      10. 223.Property held on trust

      11. 224.Property commission for Scotland

      12. 225.Local Acts and instruments

      13. 226.Existing joint boards

      14. 227.Abolition of Dean of Guild Court

      15. 228.Abolition of fiars courts for counties etc

      16. 229.The Burgh Police (Scotland) Acts 1892 to 1911

      17. 230.Committees of existing local authorities

      18. 231.Application to sheriff in cases of difficulty

      19. 232.Provisions regarding applications to court

      20. 233.Orders, rules and regulations

      21. 234.Expenses

      22. 235.General provisions as to interpretation

      23. 236.Savings

      24. 237.Repeals

      25. 238.Short title, commencement and extent

    1. Schedule 1

      New Local Government Areas

    2. Schedule 2

      Establishment of New Local Authorities

    3. Schedule 3

      Amendment and Modification of Election Law

    4. Schedule 4

      Constitution and Proceedings of the Local Government Boundary Commission for Scotland

    5. Schedule 5

      Initial Review of Local Government Areas and Electoral Arrangements

    6. Schedule 6

      Rules to be observed in considering Electoral Arrangements

    7. Schedule 7

      Meetings and Proceedings of Local Authorities

    8. Schedule 8

      Provisions as to the Commission for Local Authority Accounts in Scotland

    9. Schedule 9

      Amendments with respect to Finance

    10. Schedule 10

      Arrangements by Education Authorities for Discharge of their Functions

    11. Schedule 11

      Amendments of the Education (Scotland) Act 1962

    12. Schedule 12

      Amendment of Enactments relating to Housing

    13. Schedule 13

      Amendments of the Rent (Scotland) Act 1971

    14. Schedule 14

      Amendment of Enactments relating to Roads

    15. Schedule 15

      Amendment of Enactments relating to Building

    16. Schedule 16

      Amendment of Enactments relating to River Purification

    17. Schedule 17

      Amendment of Enactments relating to Water

    18. Schedule 18

      Amendment of Certain Enactments relating to Transport

    19. Schedule 19

      Amendment of Enactments relating to Piers, Harbours, Etc

    20. Schedule 20

      Arrangements for Discharge of Social Work Functions

    21. Schedule 21

      Amendment of Enactments relating to Public Libraries, Museums and Art Galleries

    22. Schedule 22

      Planning Functions

    23. Schedule 23

      Amendment of Enactments relating to Planning

    24. Schedule 24

      Amendment of Enactments relating to Licensing, Etc

    25. Schedule 25

      Relaxation of Controls

    26. Schedule 26

      Amendments of the Tweed Fisheries Act 1969

    27. Schedule 27

      Adaptation and Amendment of Enactments

    28. Schedule 28

      Amendments of Burgh Police (Scotland) Acts 1892 to 1911

    29. Schedule 29

      Repeals

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