Local Government and Miscellaneous Financial Provisions (Scotland) Act 1958

Part I S

1—6 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F1 S

Textual Amendments

F1 Ss. 1–6, 18, Schs. 1–3, 4 paras. 4, 21–23 repealed by Local Government (Scotland) Act 1973 (c. 65), Sch. 29

Part II S Valuation and Rating

7 †Rateable value of salmon fishings and other industrial and freight transport lands and heritages. S

(1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F2

(2) For the year beginning on the sixteenth day of May, nineteen hundred and fifty-nine, and subsequent years the rights of salmon fishing to which this subsection applies shall, subject to the following provisions of this section, be deemed for the purpose of making up any valuation roll to be agricultural lands and heritages:

Provided that nothing in this section shall affect any right of a district fishery board to require the assessor to value and enter such rights of salmon fishing in the valuation roll for the purposes of fishery assessments only.

(3) The last foregoing subsection—

(a) applies to rights of salmon fishing which are exercised by net or cruive and are so exercised regularly throughout the periods during which that method of fishing is allowed by law, and in respect of which no revenue is derived by the owner or occupier thereof from any other method of fishing during any part of those periods; and

(b) does not apply to any . . . F3 , bothies, net stores, drying greens or other corporeal lands and heritages, whether occupied or used in connection with rights of salmon fishing to which the last foregoing subsection applies or not.

(4) Any . . . F3 , bothies, net stores, drying greens or other corporeal lands and heritages occupied or used in connection with rights of salmon fishing to which subsection (2) of this section applies shall, for the purpose of making up the valuation roll for the year beginning on the sixteenth day of May, nineteen hundred and fifty-nine and any subsequent year, be treated as lands and heritages which are neither industrial nor agricultural.

(5) Notwithstanding anything in subsections (1) and (2) of section fifteen of the Act of 1956 (which contains transitory provisions for valuation in the years before 1961-2), the assessor for each valuation area, or, as the case may be, the Assessor of Public Undertakings (Scotland), in making up the valuation roll for the year beginning on the sixteenth day of May, nineteen hundred and fifty-nine, and any subsequent year, shall, subject to the provisions of this section, give effect to the changes of rateable values made by the foregoing provisions of this section; but the said changes shall not require any such assessor by virtue of any provision in the said subsections to make any other alteration in a valuation roll, or entitle any person by virtue of subsection (4) or subsection (5) of the said section fifteen to appeal against, or complain in respect of, any entry in a valuation roll.

(6)—(8) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F4

(9) For the purpose of the application of this section to any valuation area for which the valuation roll comes into force on a day other than the sixteenth day of May, any reference in this section to the last-mentioned day shall be construed as a reference to that other day.

Textual Amendments

F2 S. 7(1) repealed by Local Government (Financial Provisions) (Scotland) Act 1963 (c. 12), Sch. 3 Pt. II

F3 Words repealed by Abolition of Domestic Rates Etc. (Scotland) Act 1987 (c. 47, SIF 81:2), s. 34, Sch. 6

F4 Ss. 7(6)–(8), 9 repealed by Local Government (Financial Provisions) (Scotland) Act 1963 (c. 12), s. 27, Sch. 3 Pt. I

Modifications etc. (not altering text)

C1 Unreliable marginal note

C2 S. 7(5) amended by Local Government (Scotland) Act 1975 (c. 30), ss. 1–3

8 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F5 S

Textual Amendments

F5 S. 8 repealed by Local Government (Scotland) Act 1973 (c. 65), Sch. 9 para. 52, Sch. 29

9 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F6 S

Textual Amendments

F6 Ss. 7(6)–(8), 9 repealed by Local Government (Financial Provisions) (Scotland) Act 1963 (c. 12), s. 27, Sch. 3 Pt. I

Part III S Miscellaneous

10, 11. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F7 S

Textual Amendments

F7 Ss. 10, 11, 22, Sch. 4 paras. 1, 2, 7–9, 12, 13(1)(2), 14, 15, 16(1), 17, Sch. 6 repealed by Statute Law (Repeals) Act 1974 (c. 22), Sch. Pt. XI

12 Extension of maximum period for repayment of sums borrowed for certain purposes. S

(1) The maximum period for the repayment of sums borrowed by a local authority for the purposes of—

(a) the Public Libraries Acts,

(b) the M1 Cremation Act, 1902,

(c) the M2 Children and Young Persons (Scotland) Act, 1937,

(d) section seventy-four of the Act of 1947 (which relates to the provision of halls, offices and other buildings),

(e) section one hundred and thirty-two of the M3 Local Government Act, 1948 (which relates to the provision of entertainments),

(f) section twenty-one of the M4 National Assistance Act, 1948, or

(g) section fifteen of the M5 Children Act, 1948 (which relates to the provision by local authorities of homes for the accommodation of children in their care),

shall be such period not exceeding sixty years as may be sanctioned by the Secretary of State; and accordingly in the Sixth Schedule to the Act of 1947, in the entries relating to the Public Libraries Acts and to the said Act of 1937, for the words “fifty years” there shall be substituted the words “sixty years”, and in the entry relating to the M6 Cremation Act, 1902, for the words “Twenty years” there shall be substituted the words “Such period not exceeding sixty years as may be sanctioned by the Secretary of State”; and the following entries shall be added at the end of the said Schedule, that is to say—

“Section seventy-four of the M7 Local Government (Scotland) Act, 1947.	Such period not exceeding sixty years as may be sanctioned by the Secretary of State.
Section one hundred and thirty-two of the M8 Local Government Act, 1948.	Such period not exceeding sixty years as may be sanctioned by the Secretary of State.
Section twenty-one of the M9 National Assistance Act, 1948.	Such period not exceeding sixty years as may be sanctioned by the Secretary of State.
Section fifteen of the M10 Children Act, 1948.	Such period not exceeding sixty years as may be sanctioned by the Secretary of State.”

(2) Where a local authority is authorised to borrow money for the purpose of any enactment, any provision (whether in that or another enactment) that any sum so borrowed shall be repaid within a period of fewer than sixty years, or within such period not exceeding fifty-nine or fewer years as the local authority or a Minister may determine, shall be construed as applying only to sums so borrowed for expenditure otherwise than on the acquisition of land; and any sum so borrowed by the local authority for expenditure on the acquisition of land (being a sum to which any such provision as aforesaid would, apart from this subsection, apply) shall be repaid within such period not exceeding sixty years as may be sanctioned by the Secretary of State, or, where the consent of another Minister is required for the borrowing, by that other Minister.

(3) In this section “local authority” and “Minister” have the same meanings as in the Act of 1947, and references to the acquisition of land do not include references to the acquisition, with any land, of buildings or other works thereon, being buildings or other works required to make the land fit for the purpose for which it is acquired.

Marginal Citations

M1 1902 c. 8.

M2 1937 c. 37.

M3 1948 c. 26.

M4 1948 c. 29.

M5 1948 c. 43.

M6 1902 c. 8.

M7 1947 c. 43.

M8 1948 c. 26.

M9 1948 c. 29.

M10 1948 c. 43.

13 Abolition of certain requirements relating to local government administration. S

(1) For the purpose of abolishing certain requirements relating to local government administration and for making provision consequential thereon the enactments specified in the Fifth Schedule shall have effect subject to the modifications so specified in relation to them respectively.

(2) This section shall come into operation on the sixteenth day of May, nineteen hundred and fifty-nine.

14 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F8 S

Textual Amendments

F8 S. 14 repealed by Education (Scotland) Act 1962 (c. 47), s. 147, Sch. 8

15 Inspection of minutes of certain authorities. S

(1) The minutes of—

(a) the proceedings of a local authority,

(b) the proceedings of any committee appointed by a local authority so far as such proceedings relate to any of the authority’s functions under . . . F9 , the M11 Town and Country Planning (Scotland) Act, 1947, or the M12 National Assistance Act, 1948, and

(c) the proceedings of any joint committee or joint board established for the purpose of performing all or any of the functions of two or more local authorities under any of the Acts mentioned in the last foregoing paragraph,

shall be open to the inspection of any local government elector for the area of the local authority, or, in the case of a joint committee or joint board, the area of any of the local authorities represented on the joint committee or joint board, on payment of a fee not exceeding one shilling, and any such local government elector may make a copy thereof or an extract therefrom.

(2) In this section “local authority” and “local government elector” have the same meanings as in the Act of 1947.

Textual Amendments

F9 Words repealed by National Health Service (Scotland) Act 1972 (c. 58), Sch. 7 Pt. II

Marginal Citations

M11 1947 c. 53.

M12 1948 c. 29.

16 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F10 S

Textual Amendments

F10 S. 16 repealed by Trustee Investments Act 1961 (c. 62), Sch. 5

17 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F11 S

Textual Amendments

F11 S. 17 repealed by Marriage (Scotland) Act 1977 (c. 15, SIF 49:2), s. 28(2), Sch. 3 (subject to a saving in s. 27(3) in relation to marriages before 1.1.1978)

Part IV S General and Supplementary

18 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F12 S

Textual Amendments

F12 Ss. 1–6, 18, Schs. 1–3, 4 paras. 4, 21–23 repealed by Local Government (Scotland) Act 1973 (c. 65), Sch. 29

19 Expenses and receipts. S

(1) There shall be defrayed out of moneys provided by Parliament—

(a) all sums payable by the Secretary of State under this Act; and

(b) any increase attributable to the provisions of this Act in the sums required or authorised under any other Act to be so defrayed.

(2) Any increase attributable to the provisions of this Act in the receipts of the Registrar-General for Births, Deaths and Marriages in Scotland shall be paid into the Exchequer.

20 Orders and regulations to be made by statutory instrument. S

Any power conferred by this Act on the Secretary of State to make orders or regulations shall be exercisable by statutory instrument.

21 Interpretation. S

(1) In this Act, unless the context otherwise requires, the following expressions have the meanings hereby assigned to them respectively, that is to say—

• “Act of 1947” means the M13 Local Government (Scotland) Act, 1947;

• . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F13

• “Act of 1956” means the M14 Valuation and Rating (Scotland) Act, 1956;

• “local authority” means a county council or the town council of a burgh, and “area”, in relation to a local authority, means, in the case of a town council, the burgh, and, in the case of a county council, the county exclusive of any burgh situated therein;

• . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F13

• “year” means a period of twelve months beginning on the sixteenth day of May.

(2) Any provision in this Act containing a reference to the sixteenth day of May shall, in its application to an authority whose financial year begins on a day other than the sixteenth day of May, have effect with the substitution for the said reference of a reference to that other day; but this subsection shall be without prejudice to subsection (9) of section seven of this Act.

(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F14

(a) any reference in this Act to the rateable valuation of any area for any year shall be construed as a reference to the total of the rateable values of the lands and heritages in that area as shown in the valuation roll in force on the first day of that year, and

(b) any reference in this Act to the standard rateable value of any area for any year shall be construed as a reference to the standard rateable value of the area for that year as estimated by the Secretary of State for the purposes of the Act of 1954.

(4) Any reference in this Act to any enactment shall, unless the context otherwise requires, be construed as a reference to that enactment as amended, extended or applied by any subsequent enactment, including this Act.

Textual Amendments

F13 Definitions repealed by Statute Law (Repeals) Act 1976 (c. 16), s. 1(1), Sch. 1 Pt. VIII

F14 Words repealed by Local Government (Financial Provisions) (Scotland) Act 1963 (c. 12), s. 27, Sch. 3 Pt. I

Modifications etc. (not altering text)

C3 Councils of counties, counties of cities, large burghs, small burghs and districts now abolished and regional, islands and district councils constituted by Local Government (Scotland) Act 1973 (c. 65), ss. 1, 2, Sch. 1

Marginal Citations

M13 1947 c. 43.

M14 1956 c. 60.

22 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F15 S

Textual Amendments

F15 Ss. 10, 11, 22, Sch. 4 paras. 1, 2, 7–9, 12, 13(1)(2), 14, 15, 16(1), 17, Sch. 6 repealed by Statute Law (Repeals) Act 1974 (c. 22), Sch. Pt. XI

23 Citation and extent. S

(1) This Act may be cited as the Local Government and Miscellaneous Financial Provisions (Scotland) Act, 1958.

(2) This Act shall extend to Scotland only.