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Local Government (Scotland) Act 1894

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This is the original version (as it was originally enacted).

Part VIITransitory Provisions

56Transitory provisions for first election

With respect to the first election of parish councillors, the following provisions shall have effect; that is to say,—

(1)The first election of parish councillors shall take place in every parish on the first Tuesday of April in the year one thousand eight hundred and ninety-five. The parish councillors then elected shall enter office on the fifteenth day of May following such election, and shall go out of office, in burghal parishes and in parishes wholly comprised within a police burgh or within a burgh and a police burgh, on the first Tuesday of November, and in all other parishes on the first Tuesday of December, both in the year one thousand eight hundred and ninety-eight.

(2)Before the first election of parish councillors, and not later than the twenty-eighth day of February in the year one thousand eight hundred and ninety-five, a list of persons qualified to be parish electors shall be prepared, revised, and completed for each county (exclusive of any police burgh, or part thereof,) and the provisions of the Local Government (Scotland) Acts respecting a county council register shall apply to such list, subject to such alterations of dates and such other necessary modifications as may be prescribed by the Secretary for Scotland in any general order under his hand and seal. Such list, when completed, shall be deemed to be the county council register for the time being within the meaning of sub-section eight of section twelve of this Act.

(3)The provisions of sub-sections two and three of section twelve of this Act shall not apply to a municipal register or to the register of voters for the election in a police burgh of burgh commissioners coming into force in the month of November, in the year one thousand eight hundred and ninety-four, unless so applied by order under the seal of the town council, or in a police burgh of the burgh commissioners: Provided that before the first election of parish councillors and not later than the twenty-eighth day of February in the year one thousand eight hundred and ninety-five a list of persons qualified to be parish electors shall be prepared, revised, and completed for each burgh and police burgh, and the provisions of this Act respecting a municipal register or the register of voters for the election in a police burgh of burgh commissioners shall apply to such list subject to such alterations of dates and such other necessary modifications as shall be prescribed by the Secretary for Scotland in any general order under his hand and seal. Such list when completed shall be deemed to be the municipal register of the burgh, or register of voters for the election in the police burgh of burgh commissioners, for the time being, within the meaning of sub-section eight of section twelve of this Act. Provided that nothing contained in this or the immediately preceding sub-section shall affect the date at which any parliamentary or municipal register of voters, or register of voters for the election in a police burgh of burgh commissioners, is fixed to come into operation.

(4)In a landward parish and in the landward part of a parish partly landward and partly burghal, except within any parish or part of a parish co-extensive with a police burgh or part thereof, the provisions of section fourteen (excepting subsections one and three) of this Act shall apply to the first election of parish councillors, and the returning officer shall be appointed by the county council at their general meeting in the month of December in the year one thousand eight hundred and ninety-four, and the election shall be held in the parish wards fixed by or under the provisions of this Act as nearly as may be in the same manner as an election of county councillors.

(5)In a burghal parish and in the burghal part of a parish partly landward and partly burghal, and in any parish or part of a parish co-extensive with a police burgh or part thereof, the provisions of section fifteen (excepting sub-sections one and three) of this Act shall apply to the first election of parish councillors, and the returning officer shall be appointed by the town council, or in a police burgh by the burgh commissioners, not later than the thirty-first day of December in the year one thousand eight hundred and ninety-four, and the election shall be held in the parish wards (if any) fixed by or under the provisions of this Act as nearly as may be in the same manner as an election of town councillors, or, in a police burgh, of burgh commissioners.

(6)The expenditure incurred in the registration of parish electors shall be deemed to form part of the expenditure incurred in the election of parish councillors.

(7)The members of a parish council first elected under this Act shall, on the second Thursday of April, meet as a provisional parish council, with power to arrange for bringing this Act into operation, and the. provisional parish council shall, at that or a subsequent meeting, make provision for the performance of the duties of such parish council until the first meeting of such council; and the first meeting of the parish council shall be held on such day not later than the twenty-second day of May as shall be fixed by the provisional parish council, and such meeting shall be deemed to be the statutory meeting of the parish council for the year one thousand eight hundred and ninety-five, and shall be summoned by the inspector of poor in the manner provided by sub-section two of section seventeen of this Act.

(8)The parochial boards holding office at the commencement of this Act, shall, notwithstanding any provision to the contrary, retain office until the fifteenth day of May in the year one thousand eight hundred and ninety-five.

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