Local Government (Scotland) Act 1947

PART IConstitution and Elections.

Local Government Areas.

1Division into administrative areas.

County Councils.

2Establishment of county councils.

3Constitution of county councils.

County Councillors.

4Term of office of county councillors.

Election of County Councillors representing Landward Area.

5Day of election of county councillors for landward area.

6Division of landward area of county into electoral divisions.

8Polling districts.

9Appointment of returning officer, etc..

10Conduct of election of county councillors for landwaitl area.

11Expenses of election of county caimcillors for landward area.

Election of County Councillors representing Burghs.

12Election of county councillors representing burghs.

Alteration of Number of County Councillors and of Electoral Divisions.

13Alteration of number of county councillors and of electoral divisions.

Convener and Vice-Convener of County.

14Convener and vice-convener of county.

15Establishment of town councils.

16Constitution of town councils.

Town Councillors.

17Term of office of town councillors.

Election of Town Councillors.

18Day of annual election of town councillors.

19Burgh and ward elections.

20Division of burgh into wards.

21Alteration of wards in burgh.

23Polling districts.

24Returning officer.

25Conduct of election of town councillors.

26Expenses of election of town councillors.

27Provisions as to date of election in fishing burghs.

Provost, Magistrates, Honorary Treasurer and Judges of Police.

28Election and term of office of provost.

29Election and term of office of other magistrates.

30Honorary treasurer.

31Meeting for election of provost, bailies and honorary treasurer.

32Acting chief magistrate in absence of provost.

33Resignation of magistrate or honorary treasurer.

34Filling of casual vacancies in case of provost, bailie, or honorary treasurer.

35Magistrates exempted from serving on juries.

36Appointment of town councillor to act as judge of police.

37Provost, and &c. to go out of office on ceasing to be town councillor.

District Councils.

District Council Schemes and Constitution of District Councils.

38District council schemes.

39Establishment and constitution of district councils.

District Councillors.

40Term of office of district councillors.

Election of Elected District Councillors.

41Day of election of elected district councillors.

42District council elections.

43Division of electoral division into wards.

45Conduct of election of elected district councillors.

46Expenses of election of elected district councillors.

Chairman and Vice-Chairman of District Council.

47Chairman and Vice-Chairman of district council.

48Determination by lot in case of equality of votes in certain matters.

49Publication of orders by Secretary of State under Part I.

PART IIGeneral Provisions as to Members of Local Authorities and Elections.

Qualifications for Office.

50Qualifications for nomination, election and holding office as member of local authority.

Disqualifications for Office.

52Disqualifications for nomination, election and holding office as member of local authority.

53Procedure in case of disqualification.

54Validity of acts done by unqualified persons.

Declaration by member elected by Local Authority.

55Declaration by member elected by local authority.

Resignation and Vacation of Office.

57Vacation of office by failure to attend meetings.

Casual Vacancies.

58Casual vacancies.

59Filling of casual vacancies.

Miscellaneous Provisions as to Elections.

60Right of candidate to use of schoolroom, and &c. at election.

61Election not invalidated by non-compliance in certain cases.

62Election valid unless questioned by election petition.

63Election where poll countermanded on account of death of candidate.

64Provision in case of non-election of local authority, and &c.

65Provisions as to ballot boxes.

66Saving for Elections (Scotland) (Corrupt and Illegal Practices) Act, 1890.

67Failure of returning officer, and &c. to conduct elections.

68Offences in relation to nomination papers, ballot papers and ballot boxes.

69Offence of personation.

70Penalty for voting in more than one electoral division or ward.

PART IIIMeetings, Proceedings and Offices of Local Authorities.

Meetings and Proceedings.

71Meetings and proceedings of local authorities, and &c.

72Voting by county councillors.

73Disability of member of local authority for voting on account of interest in contract, and &c.

Halls, Offices and Buildings.

74Provision of halls, offices and buildings.

75Use of schoolroom for district council meetings.

PART IVOfficers.

Officers of County Council.

76County clerk.

77County treasurer.

78County collector.

79County medical officer of health and county sanitary inspector.

80County surveyor.

81County valuation assessor.

82Appointment of other staff.

83Appointment of depute or interim officers.

Officers of Town Council.

85Town chamberlain.

86Burgh collector.

87Burgh medical officer of health and burgh sanitary inspector.

88Burgh surveyor, inspector of cleansing and inspector of lighting.

89Clerk of burgh police court.

90Burgh prosecutor.

91Burgh valuation assessor.

92Appointment of other staff.

93Appointment of depute or interim officers.

Officers of District Council.

94District council officers.

Officers of Joint Committee or Joint Board.

95Officers of joint committee or joint board.

96Regard to be had to enactments relating to superannuation.

97Local authority may regulate duties of officers, and &c.

98Security to be given by officers.

99Apportionment of loss due to defalcation of officer of local authority.

100Notice of termination of appointments held during pleasure.

101Member of local authority not to be appointed officer of authority or of committee or joint committee or joint board.

102Disclosure by officers of interest in contracts.

103Protection for officer of local authority acting in execution of duty.

104Savings for existing officers, and &c.

PART VAdministrative Schemes, Committees and Joint Committees.

Administrative Schemes.

105Schemes for administration of functions in county and large burgh.

106Contents of administrative scheme for education.

107Contents of other administrative schemes.

Certain Statutory Committees of Local Authorities.

108Education committee for county and county of city.

109Sub-committees for management of educational establishments.

110Roads committee in county.

111Health committee and committee for poor law purposes.

112Police committee in county and large burgh with police force.

113Finance committee in case of every local authority.

114Constitution of sub-committees of committees for administrative scheme functions.

General Power to Appoint Committees and Provisions as to Committees.

115Appointment of committees and sub-committees.

116Constitution of committees and sub-committees and term of office of members thereof.

117Proceedings of committees and sub-committees.

Combination of Local Authorities.

118Combination of counties of Perth and Kinross and of Moray and Nairn for certain purposes.

119Voluntary combination of local authorities.

120Compulsory combination of local authorities.

121Provisions as to members and proceedings of joint committees and joint boards.

122Provisions as to basis of valuation in cases of combinations of local authorities, and &c.

Appointment by County Council of Town Councils of Small Burghs and District Councils to be Agents.

123County council may appoint town councils of small burghs and district councils to be agents.

Provisions common to Committees, Joint Committees and Joint Boards.

124Prohibition of delegation to committee, and &c. of power to rate or borrow.

125Disqualification for membership of committees, joint committees and joint boards.

126Disability of member for voting on account of interest in contract, and &c.

PART VIChange of Name of Areas, Boundaries of Areas and Alteration of Areas.

Change of Name.

127Change of name of county or burgh.

Boundaries of Areas.

128Boundaries of counties.

129Boundaries of burghs.

Alteration of Areas.

130Alteration of boundaries of counties.

131Power of sheriff to alter burgh boundary.

132Appeal to Court of Session against alteration of burgh boundary.

133Formation of new small burgh.

134Dissolution of small burgh.

135Power of Secretary of State to alter parish boundary or name of parish.

136Rectification of boundary.

137Alteration of districts and district boundaries.

Supplemental Provisions.

138General provisions as to change of name and alteration of areas.

139Presumption of compliance with statutory provisions.

140Transfer of functions.

141Adjustment of property and liabilities.

142Adjustment in respect of increase of burden on ratepayers.

143Funds held in trust for whole area to apply to area after alteration.

144Power of Secretary of State to make orders to carry alteration of area into effect.

PART VIISpecial Districts.

146Special districts.

147Procedure for formation, alteration, combination or dissolution of special districts....

148Management of special districts.

149Power to apply burgh statutory provisions.

150Inclusion of whole or part of special district within a burgh.

151Combination of special water and drainage districts when required by Secretary of State.

152Schemes for dissolution of special water and drainage districts.

153Expenses of special districts.

154Contributions by county council to expenses of special districts.

PART VIIIAcquisition of and Dealings in Land by Local Authorities.

Acquisition of Land by Agreement.

156Acquisition of land by agreement.

157Acquisition of land in advance of requirements.

158Application of Lands Clauses Acts and other enactments to acquisition of land by agreement.

Compulsory Acquisition of Land.

159Application of Acquisition of Land (Authorisation Procedure) (Scotland) Act, 1947.

160Compulsory purchase of land for particular purposes.

161Expenses relating to compulsory purchase order.

162Title to land.

Appropriation of Land.

163Power to appropriate land.

Erection of Buildings, &c.

164Power to erect buildings, and &c.

Disposal of Land.

165Power to let land.

166Power to sell land.

167Power to excamb land.

168Land to be sold for best price and application of capital moneys.

169Payment of purchase or compensation money by one local authority to another.

170Special provisions as to land acquired for public recreation from heir of entail.

171Provisions as to sale, and &c. of land to apply to land forming part of common good.

172Interpretation.

PART IXAccounts, Funds and Expenses of Local Authorities.

Financial Year.

174Financial year of local authorities.

County Fund and Expenses of County Council.

176County fund.

177Annual budget of county council.

178Payments to and out of county fund.

179Payments by county council in respect of salaries of procurators fiscal, and &c.

Burgh Fund and Expenses of Town Council.

181Annual budget of town council.

182Payments to and by town council.

183Town council may contribute out of common good towards expenditure on statutory functions.

District Council Fund and Expenses of District Council.

184District council fund.

185Annual budget of district council.

186Payments to and out of district council fund.

Expenses of Justices of the Peace.

187Expenses of justices Of the peace.

Fee Fund of Local Authority.

188Fee fund of local authorities.

Accounts to be made up Yearly and laid before Local Authority for Approval.

189Accounts to be made up yearly.

190Audited accounts to be laid before local authority for approval.

Limitation of Annual Expenditure in certain cases.

191Limitation of certain annual expenditure defrayed out of county rate or burgh rate.

192Limitation of expenditure in other case.

193Apportionment of general expenses.

194Regulations under Part IX of Act.

PART XAudit of Accounts of Local Authorities.

Accounts subject to Audit, Appointment of Auditors and Production of Books and Documents.

196Accounts of local authorities to be audited.

197Appointment of auditors.

198Production of books and documents.

Intimation of Audit and Right of Inspection of Abstract of Accounts by Ratepayers.

199Intimation of audit.

200Deposit of abstract of accounts for inspection by ratepayers.

Reports by Auditor and Surcharge, &c.

201Power of Secretary of State to disallow illegal payments and surcharge on interim report of auditor.

202Power of Secretary of State to require rectification of accounts.

203Auditor's report on accounts.

204Abstract of audited accounts and auditor's report to be open to public inspection.

205Notice of surcharge, of rectification of accounts or of auditor's report on accounts.

206Audit of accounts of joint committees and joint boards.

207Regulations as to audit.

208Saving and interpretation.

PART XILevy and Collection of Rates by Rating Authorities and Requisitions for Payment by other Local Authorities.

Rating Authorities and Requisitioning Authorities and General Duties.

209Rating authorities.

210Requisitioning authorities.

211Expenses of local authority under public general Acts to be defrayed out of rates or sums requisitioned.

212Duty of local authority to levy sufficient rates or issue sufficient requisition.

213Sums to be raised by rates to be ascertained by reference to expenditure on functions within area to which functions relate.

214Requisitions by county council to town councils of burghs.

215Requisition by district council to county council.

216Requisitions by joint committees and joint boards.

217Certification of valuation for apportionment of expenditure for rating purposes.

218Apportionment of expenditure for rating purposes to be on basis of valuation roll for previous year.

219Provisions for securing payment of sums in requisition.

General Provisions as to Rates.

220Rates to be levied for financial year of rating authority.

221Rates to be levied on lands and heritages according to rateable value in valuation roll.

222Incidence of rates between owners and occupiers.

223Uniform rates.

224County rate and burgh rate.

225Special district rates.

226District council rate.

227Other rates required to be levied.

228Rates to be levied notwithstanding appeal under Valuation Acts.

229Rates on lands and heritages in supplementary valuation roll.

230Amount per pound of rates to be determined by 31st October.

Payment of Rates.

231Date and place of payment of rates.

232Payment of rates by instalments.

Assessment Roll.

233Assessment roll.

234Valuation roll to be made available for preparation of assessment roll.

235Rating authority may require owner to furnish statement of lets.

236Fractions of a penny of rates.

237Demand note for rates.

Appeals against Rates.

238Appeals against rates.

Levy of Occupiers' Rates on Owner in Certain Cases.

239Owner of subjects of or under ô annual value in burghs to pay occupiers' rates.

240Owner may be charged with occupiers' rates where subjects let for less than a year.

241Rates on subjects not occupied by same occupier for whole year.

Relief of Rates as between Occupiers.

242Outgoing occupier to have right of relief for rates against incoming occupier.

Exemptions from Payment of Rates.

243Occupiers' rates not to be levied in respect of unlet and unoccupied subjects.

244Remission of rates on account of poverty.

245Town council of burgh may exempt from rates for definite period lands newly included within burgh boundary.

246Expenses of levying and collecting rates.

Recovery and Priority of Rates.

247Recovery of rates.

248Priority of claim for rates over other claims.

249Appeal against proceedings under warrant.

250Recovery of rates from persons removing.

251Rates recoverable beyond area of rating authority.

252Application of recovery provisions of Act to private improvement expenses.

253Misnomers, and &c. not to affect proceedings for recovery of rates.

254Application of Part XI of Act to all rates levied by rating authority.

255Application of certain provisions to other authorities having power to levy rates.

256Collection by rating authority of rates levied by other authority.

257Savings for local Acts.

PART XIIBorrowing by Local Authorities.

Purposes for which, Restrictions subject to which, and Modes . in which, Money may be Borrowed by Local Authorities and Security for Money so Borrowed.

258Purposes for which money may be borrowed.

259Restrictions on power to borrow.

260Modes of borrowing.

261Security for money borrowed and ranking thereof.

Repayment of Money Borrowed by Local Authorities.

262Period for repayment of borrowed money.

263Repayment of borrowed money.

264Returns to Secretary of State as to outstanding loans.

265Sinking fund for repayment of borrowed money.

266Adjustment of sinking fund.

Provisions as to Mortgages.

267Forms of mortgage, transfer, renewal and discharge thereof.

268Register of mortgages.

Provisions as to Stock.

269Creation of redeemable stock by county council or town council.

270Creation of redeemable stock by authority other than local authority having power to raise money by rate or requisition.

271Stock regulations.

272Borrowing power to be exercisable for actual sum raisable by stock.

273Conversion of securities of county council or town council into stock.

274Revocation of resolution to create stock.

275Establishment of loans fund by county council or town council.

General Provisions as to Borrowing.

276Loans to joint boards.

277Power to re-borrow.

278Protection to lenders.

279Balance of unexpended borrowed money.

General Provisions as to Securities.

280Security to be moveable estate and notice of trusts.

281Transmission of security on death.

282Evidence on transfer of security.

283Transmission of security otherwise than by transfer or on death.

284Title to security and rectification of register.

285Security deed to be delivered to local authority on discharge.

286Unclaimed security.

287Appointment of judicial factor in case of non-payment.

288Interest and dividends on security in case of death, and &c.

289Interest and dividends on security held jointly.

290Warrants for interest and dividends by post.

291Unclaimed interest and dividends.

292Period of repayment in case of money borrowed by county council or town council for housing employees.

293Application of Part XII of Act to local housing bonds.

294Application of Part XII of Act to securities created under local Acts.

295Saving for common good.

296Saving for Local Authorities Loans Act, 1945, and &c.

PART XIIILocal Financial Returns.

297Returns of local finance to be made to Secretary of State.

298Returns to be summarised.

PART XIVByelaws.

Power of County Council and Town Council to make certain Byelaws.

300Byelaws for good rule and government, and &c.

Code of Procedure, Penalties, &c, in case of Byelaws under several Enactments.

301Procedure, and &c. for making byelaws.

302Penalties for offences against byelaws.

303Evidence of byelaws.

PART XVPromotion of and Opposition to Private Legislation by Local Authorities.

304Power of county council and town council to promote or oppose private legislation.

305Power of district council to oppose private legislation.

306Resolution of local authority to promote or oppose private legislation, and authority by Secretary of State.

307Taxation of expenses of local authority.

308Defraying expenses of local authority.

309Saving for existing powers of town council.

310Right of local authority to make report to Commissioners under Private Legislation Procedure (Scotland) Act, 1936.

311Interpretation.

PART XVITransfer of Functions, &c.

312Transfer of functions of county road board to county council.

313Transfer of functions relating to licensing of theatres, and &c.

314Transfer of functions relating to cinemas.

315Transfer of functions under various Acts from county council to town councils of large burghs.

316Functions of town council of large burgh under Wild Birds Protection Acts.

PART XVIIProvisions Consequential on Transfer of Functions by or by virtue of this act.

317Transfer of property and liabilities and construction of Acts and documents in case of transfer of functions.

318Transfer and compensation of officers on transfer of functions.

319Provisions as to superannuation rights of transferred officers.

320Interpretation and application of Part XVII of Act and Tenth and Eleventh Schedules.

PART XVIIIDean of Guild Court, Dean of Guild, &c.

321Constitution of dean of guild court.

322Election of dean of guild and members of dean of guild court by town council and casual vacancies.

323Committees of dean of guild court.

324Jurisdiction of dean of guild court.

325Master of works for dean of guild court.

326Clerk and prosecutor of dean of guild court.

327Rules as to holding of courts.

328Expenses of dean of guild court.

329Saving for cities.

330Dean of guild, and &c. of certain burghs to be members of town council.

331Disqualifications in case of dean of guild, and &c.

PART XIXBurgesses.

332Qualification of burgesses.

333Admission of honorary burgesses.

334Limitation of rights of persons burgesses by virtue of Part XIX of Act.

335Saving as to admission of burgesses.

PART XXGeneral.

Contracts and Obligations.

336Contracts and obligations of local authorities.

337Protection for members and officers of local authority in relation to obligations, and &c.

Travelling Expenses, &c. of Members of County Council.

338Payment of travelling expenses, and &c. of members of county council.

Expenditure by County Council and Town Council on Special Purposes.

339Expenditure by county council and town council on special purposes.

Acceptance of Gifts.

340Acceptance of gifts of property.

Transfer of Stock on Change of Name of Local Authority, &c.

341Transfer of stock on change of name of local authority, and &c.

Execution of Deeds and Use of Seal.

342Execution of deeds by local authority and use of seal.

Legal Proceedings, Notices, &c.

343Legal proceedings for protection of inhabitants of area.

344Offences against byelaws may be prosecuted by local authority.

345Appearance on behalf of local authority in legal proceedings.

346Service of legal proceedings and notices on local authority or officers.

347Authentication of notices by local authority.

348Claims in sequestrations and liquidations.

349Service of notices, and &c. by local authority or officer.

350Evidence of resolutions, and &c. by local authority.

351Public notices.

352Misnomers, and &c. not to affect validity of notices, and &c.

Custody of Records and Documents.

353Custody of records and documents.

Reports and Returns.

354Reports and returns.

Local Inquiries.

355Provisions as to local inquiries.

Provision for Default of Local Authority.

356Provision for default of local authority.

Charitable Trusts, Parish Trusts, &c.

357Election of trustees under certain Acts, charters, and &c.

358Trusts vested in deacons, and &c.

359Parish trusts.

360Saving as to election of deacon convener, and &c.

Miscellaneous Provisions.

361Provision as to alteration of register of electors in certain cases.

362Limitation of liability of certain owners.

363Power to apply provisions of Act to joint boards, and &c.

364Member of local authority appointed to any court or body to cease to be member on ceasing to be ember of authority.

365Election and term of office of members of courts for counties under Licensing (Scotland) Act, 1903.

366Provisions as to Sunday, and &c.

367References to census.

368Adaptation of local Acts relating to local authorities.

369Adaptation of other local Acts.

370Order by Secretary of State relating to House Letting and Rating (Scotland) Act, 1911.

371Transitional regulations.

372Provisions as to orders.

373Power to annul regulations or orders laid before Parliament.

374Application to sheriff in cases of difficulty.

375Provisions regarding applications to court.

376Saving for existing members of local authorities.

377Minor consequential amendments of enactments.

378Cesser of certain enactments.

379Interpretation.

380Interpretation as respects Crown rights.

382Short title, commencement and extent.

PART ICounties.

PART IICounties of Cities.

PART IIILarge Burghs.

PART IVSmall Burghs.

SECOND SCHEDULE

PART IProvisions relating to the Stages of the Election of County Councillors for the Landward Area of a County or of Town Councillors preceding the Poll.

Notice of Election.

1(1) On, or within seven days before, the day appointed...

Nomination of Candidates.

2(1) It shall not be competent to elect to the...

Withdrawal of Nominations.

3(1) A nomination may be withdrawn by notice of withdrawal...

Nomination in more than one Electoral Division of a County or Ward of a Burgh.

4A candidate who is validly nominated for more than one...

Method of Election and Publication of Result of Uncontested Election.

5(1) In the case of an election of a county...

PART IITimes for the Proceedings at an Election of County Councillors or of Town Councillors.

PART IIIProvisions Relating to Contested Elections.

General Conduct of Poll.

1At every contested election of a county councillor or of...

Notice of Poll.

2(1) In the case of a contested election of a...

3The poll shall commence at eight o'clock in the morning...

Use of schools and public rooms.

4(1) The returning officer may use free of charge for...

5An election shall not be held in any premises exclusively...

Death of candidate after time for delivery of notice of withdrawal of nominations.

6If at or after the latest time for delivery of...

Provision of polling stations, ballot boxes, &c.

7In the case of an election of a county councillor...

8One or more polling stations may be provided in the...

9A notice, in the form contained in Part V of...

Ballot Boxes, Ballot Papers, Official Mark.

10Every ballot box shall be so constructed that the ballot...

11Every ballot paper shall be in the form contained in...

12The official mark shall be kept secret and .an interval...

Appointment of Polling Agents.

13(1) Each candidate may appoint one agent (in this Schedule...

Admission to Polling Station.

14(1) No person shall be admitted to vote at any...

Ballot Boxes to be Sealed.

15Immediately before the commencement of the poll, the presiding officer...

Questions to be put to Electors.

16(1) The presiding officer may, and if required by a...

Challenge of Elector by Polling Agent.

17(1) If at the time a person applies for a...

Marking of Ballot Papers.

18A ballot paper shall be delivered to an elector who...

19The elector on receiving the ballot paper shall forthwith proceed...

20(1) The presiding officer, on the application—

21(1) Where an elector who is accompanied by another person...

22(1) The declaration of inability to read and the declaration...

Tendered Ballot Papers.

23If a person representing himself to be a particular elector...

Spoilt Ballot Papers.

24An elector who has inadvertently dealt with his ballot paper...

Powers of Presiding Officer in adjourning Poll.

25Where the proceedings at the taking of the poll are...

Packets of Ballot Papers, &c, to be sealed.

26As soon as practicable after the close of the poll,...

27The packets shall be accompanied by a statement (in this...

Appointment of Counting Agents.

28(1) Each candidate may appoint agents (in this Schedule referred...

29The returning officer shall make arrangements for counting the votes...

30Except with the consent of the returning officer, no person...

31Before the returning officer proceeds to count the votes, he...

32The returning officer, while counting and recording the number of...

33The returning officer shall so far as practicable proceed continuously...

Void Ballot Papers.

34Any ballot paper— (a) which does not bear the official...

35(1) The returning officer shall endorse the word " rejected...

36The decision of the returning officer as to any question...

Equality of Votes.

37Where an equality of votes is found to exist and...

Declaration of Result.

38(1) Subject to the provisions of paragraph 25 of this...

Disposal of Ballot Papers, &c, after Poll.

39Upon the completion of the counting the returning officer shall...

40The returning officer shall forward for retention as hereinafter provided...

41(1) The sheriff (excluding a sheriff substitute) having jurisdiction in...

42Except by order of a sheriff or of the Court...

43Where an order is made for the production by the...

44The county clerk or the town clerk, as the case...

45All the documents forwarded or retained under paragraph 40 of...

46Subject to the provisions of this Part of this Schedule,...

General Provisions as to Contested Elections.

47The returning officer may if he thinks fit preside at...

48No returning officer or officer appointed under this Schedule or...

49No person shall be appointed to act as an officer...

50A presiding officer may by the officers appointed to assist...

51A candidate may himself do any act or thing which...

52Where in this Part of this Schedule any act or...

Requirement of Secrecy.

53(1) Every returning officer and every officer, polling agent or...

54Any justice of the peace, any returning officer and any...

Keeping of Order in Polling Station.

55(1) It shall be the duty of the presiding officer...

Supplemental Provisions.

56In computing any period of time for the purposes of...

PART IVApplication of Schedule to District Council Election.

1The provisions of this Schedule (including the forms in Part...

2The election shall take place in the same stations, with...

3If there should be a contested election for district councillors...

4The returning officer shall make and publish such other arrangements...

5It shall not be necessary to publish any of the...

6The returning officer shall forthwith make a return to the...

PART VForms for Use at the Election of County Councillors or of Town Councillors.

THIRD SCHEDULEMeetings and Proceedings of Local Authorities.

County Councils.

1(1) A county council shall in every year hold such...

2Convening meetings.

3Emergency meeting.

4Chairman of meeting.

2Convening meetings.

3Emergency meeting.

4Chairman of meeting.

District Councils.

2Convening meetings.

3Emergency meeting.

4Chairman of meeting.

Provisions relating to local authorities generally.

1Notice of meetings required by statute, &c.

2Transaction of business where members disabled by section 73 of Act.

3Adjournment of meeting.

4Decision on questions.

5Names of members present to be recorded.

7Standing orders.

8Vacancies, &c. not to invalidate proceedings.

9Application of this Part of Schedule to magistrates of burgh.

10Quorum in cases of vacancies.

FOURTH SCHEDULEEnactments containing Provisions as to the Acquisition by Agreement of, and certain other Dealings in, Land by Local Authorities, not affected by the Provisions of Part VIII of this Act.

1The Burial Grounds Acts

2The Electricity (Supply) Acts, 1882 to 1936

3The Military Lands Acts, 1892 to 1903

4The Light Railways Acts, 1896 and 1912

5The Cremation Act, 1902

6The Housing (Scotland) Acts, 1925 to 1946

7The Restriction of Ribbon Development Act, 1935

8The Town and Country Planning (Scotland) Act, 1945

9The Water (Scotland) Act, 1946

10The Education (Scotland) Act, 1946

11Any local Act

FIFTH SCHEDULEExpenditure of a Town Council to be defrayed out of the Burgh Rate so far as payable by Occupiers of Lands and Heritages only.

1Expenditure of a town council (not being expenditure included in...

2Expenditure which in terms of any enactment relating to any...

3Expenditure to be defrayed out of the sum raised by...

SIXTH SCHEDULEEnactments for the Purposes of which Money may be borrowed by Local Authorities Repayable within Periods other than thirty years.

SEVENTH SCHEDULE

EIGHTH SCHEDULERules regulating the Administration of a Loans Fund established by a county council or town council under this Act.

1Interpretation.

2Method of exercise of statutory borrowing power.

Accounts of Loans Fund.

3Accounts of loans fund.

4Loans fund to be kept in two parts, assets and liabilities and revenue and expenditure.

Provisions relating to Capital.

5Transfer to loans fund of assets and liabilities on appointed day.

6Payments of capital money to loans fund.

7Capital payments from loans fund.

8Conditions regulating advances.

9Borrowing powers exercised before appointed day.

10Register of advances.

11Redemption of debt.

12Deferred charges and liquidation thereof.

13Premiums received on issues of stock.

14Valuation of assets and liabilities.

15Profits and losses.

16Loans fund reserve account.

Provisions relating to Revenue.

17Revenue and expenditure.

18Interest account.

19Loans fund expenses account.

Balance Sheet, Certification of Accounts and Report by Auditor.

20Balance sheet, certification of accounts and report by auditor.

21Default by council.

22Investigation of loans fund.

23Loans fund regualtions.

NINTH SCHEDULEEnactments under which the Functions of a County Council are so far as relating to a large burgh transferred to the Town Council of the Burgh.

1The Explosives Acts, 1875 and 1923.

2The Destructive Insects and Pests Acts, 1877 to 1927.

3The Diseases of Animals Acts, 1894 to 1937.

4The Blind Persons Act, 1920.

5The Rats and Mice (Destruction) Act, 1919.

6The Fertilisers and Feeding Stuffs Act, 1926.

7The Wireless Telegraphy (Blind Persons' Facilities) Act, 1926.

TENTH SCHEDULEProvisions with Respect to the Construction of Acts and Documents and other Matters in Case of Transfer of Functions.

1All books, records and other documents relating exlusively to any...

2Any reference in any enactment or statutory order to the...

3All contracts, deeds, agreements, regulations, byelaws, notices and other instruments...

4Where anything has been commenced by or under the authority...

5Where at the date on which the transfer takes effect...

6Any cause of action by or against any transferor authority...

ELEVENTH SCHEDULEProvisions as to the Determination and Payment of Compensation to Officers in Case of Transfer of Functions.

1Procedure for claiming compensation.

2General considerations to be applied.

3Power to award compensation by way of a lump sum.

4Assessment of compensation for determination of whole-time office.

5Assessment of compensation for determination of part-time office.

6Assessment of compensation for diminuation of emoluments.

7Rules for computing period of service.

8Right of appeal.

9Date on which compensation commences.

10Suspension of compensation.

12Interpretation.

TWELFTH SCHEDULEMaximum Rates of Allowances in Respect of Travelling and other Personal Expenses necessarily incurred and Time necessarily lost from Ordinary Employment by Members of a County Council or of any Committee or Sub-Committee thereof in attending Meetings.

Travelling Expenses.

Other Personal Expenses.

Time Necessarily Lost from Ordinary Employment.

THIRTEENTH SCHEDULEEnactments Ceasing to have Effect.

FOURTEENTH SCHEDULEEnactments Repealed.

Local Government (Scotland) Act 1947

1947 Chapter 43

An Act to consolidate with amendments the enactments relating to authorities for the purposes of local government in Scotland.

[31st July 1947.]

Be it enacted by the King's most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:—