Local Government (Scotland) Act 1947

321 Constitution of dean of guild court.

(1) Subject to the provisions of this section, the dean of guild court for any burgh having such a court at the commencement of this Act shall continue to be constituted in accordance with the law and practice then existing relating thereto.

(2) The town council of any burgh having no dean of guild court at the commencement of this Act shall as soon as practicable thereafter establish a dean of guild court which shall consist of the dean of guild who shall be elected as provided in the immediately succeeding section of this Act, and not less than two nor more than four councillors who shall be elected annually as provided in the said section.

(3) As from the first Friday after the first annual election of town councillors held after the commencement of this Act, a dean of guild court established under section two hundred and two of the Burgh Police (Scotland) Act, 1892, shall cease to be constituted in accordance with the provisions of section two hundred and three of that Act and shall be constituted in accordance with the provisions of the immediately preceding subsection.

(4) Subject to the provisions of this Part of this Act, the town council of any burgh having a dean of guild court constituted otherwise than in accordance with the provisions of subsection (2) of this section and to which the immediately preceding subsection does not apply may on passing a resolution, to that effect provide that, in lieu of the constitution of the court then existing, the court shall be constituted in accordance with the provisions of the said subsection (2), so however that nothing in or done under this subsection shall alter or affect the constitution, rights and privileges of any such court so far as regards members, lyners or assessors thereof who are appointed otherwise than exclusively by the town council.

(5) The quorum at a meeting of a dean of guild court shall be two members.

(6) If the dean of guild is absent from any meeting of the dean of guild court, the members present shall elect one of their number to preside at the meeting.

(7) The dean of guild or other member presiding shall have a casting vote as well as a deliberative vote.

(8) Interlocutors pronounced at a meeting of the dean of guild court shall be signed by the member presiding, but deliverances appointing service or intimation of any petition, motion or other step of procedure or fixing a diet for hearing parties may be pronounced and signed by the clerk or by any member of the court without the necessity of a meeting.

(9) No member of a dean of guild court shall sit as such when any matter in which he is personally interested is under consideration.