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Local Government Act 1948

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This is the original version (as it was originally enacted).

118Application of preceding provisions to Scotland

(1)This Part of this Act shall apply to Scotland subject to the modifications contained in the following subsections of this section.

(2)For any reference to the Minister of Health there shall be substituted a reference to the Secretary of State.

(3)For subsection (1) of section one hundred and eleven of this Act there shall be substituted the following subsection—

(1)This Part of this Act shall apply to the following, bodies, that is to say—

(a)county, town and district councils ;

(b)any probation committee ;

(c)any joint committee, joint board, joint authority or other combined body all the members of which are representatives of such councils as aforesaid ;

(d)any such other body as may be prescribed, being a body established in pursuance of any statutory provision upon which any such body as is mentioned in any of the preceding paragraphs of this subsection is represented ;

(e)the governing body administering an educational endowment under any scheme approved or deemed to have been approved under Part VI of the Education (Scotland) Act, 1946.

(4)Section one hundred and eleven of this Act shall have effect as if there were added at the end of subsection (2) the following .words— and any body of persons constituted by an education authority to advise or assist them in the performance of their functions shall, whether or not they are members of the authority, be deemed to be a sub-committee of the education committee of the authority.

(5)Section one hundred and thirteen of this Act shall have effect as if for the proviso to subsection (1) there were substituted the following proviso— Provided that—

(i)the following persons—

(a)a member of the town council of a burgh ; or

(b)a member of any such council who as the representative of that council is serving as a member of any joint committee, joint board, joint authority Or other body to which this Part of this Act applies,

shall not be entitled to payment under this section in respect of the performance of any approved duty within ' the area of that council either as a member thereof or as a member of that committee, board, authority or body; and

(ii)without prejudice to the foregoing paragraph a member of a body shall not be entitled to any payment under this section in respect of the performance of any approved duty as a member of that body within the area thereof except in respect of duties performed at a distance of more than three miles from his usual place of residence.

(6)Section one hundred and fourteen of this Act shall have effect as if for subsection (1) there were substituted the following subsection—

(i)Any amounts by way of allowances payable under section one hundred and twelve or section one hundred and thirteen of this Act—

(a)in respect of an approved duty performed by any person as a member of the education committee of a council or of any sub-committee thereof shall be deemed to be expenditure of the council for the purpose of their functions relating to education ;

(b)in any other case shall be payable by the body as a member of which the person claiming the payment performed the approved duty in respect of which the right to payment under this Part of this Act arises, and any amount so payable by a county council to a person in respect of any approved duty performed by him in relation to any purpose for which a burgh is included within the county shall be apportioned and allocated in accordance with section two hundred and fourteen of the Local Government (Scotland) Act, 1947.

(7)Expenditure under this Part of this Act by a district council shall not be taken into account in calculating the limit imposed on the district rate by section two hundred and twenty-six of the Local Government (Scotland) Act, 1947.

(8)Section three hundred and thirty-eight of the Local Government (Scotland) Act, 1-947, and any provision of a scheme approved or deemed to have been approved under Part VI of the Education (Scotland) Act, 1946, authorising a governing body to pay allowances in respect of travelling or other personal expenses incurred by members of the body and by members of committees thereof, shall not have effect in respect of expenses incurred after the passing of this Act.

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