Legalize / United Kingdom / Public General Act

Local Government (Scotland) Act 1973

Type Public General Act

Publication 1973-10-25

Last updated 2025-06-19

State In force

Department Statute Law Database

Source legislation.gov.uk

articles Not indexed

Reform history JSON API

Offices, shops and railway premises

156

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

(2) In section 52(3) of that Act (enforcement authorities), paragraph (a) and in paragraph (c), the words “the council of a county” shall cease to have effect.

(3) In section 62(3) (local inquiries), for,the words from “(3)” to “1947” there shall be substituted the words “ (2) to (8) of section 210 of the Local Government (Scotland) Act 1973 ”.

The Shops Act 1950

157

Food and drugs

158

Employers liability

159

Employment of young persons

160

161

Physical training and recreation

162

Public libraries, museums and art galleries

163

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

(2) A local authority . . . shall have a duty to secure the provision of adequate library facilities for all persons resident in their area.

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

(4) Schedule 21 to this Act shall have effect for making amendments to the enactments relating to public libraries, museums and art galleries.

Civic restaurants

164

Spray irrigation

165

The functions of river purification boards under the Spray Irrigation (Scotland) Act 1964 shall be exercisable by river purification authorities, and accordingly in that Act, for the words “board” and “boards”, wherever they occur, there shall be substituted respectively the words “ authority ” and “ authorities ”.

Registration of births, deaths and marriages

166

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

(2) Accordingly the following amendments shall be made in that Act—

(a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b) in section 6(4) (local inquiries), for the words from “subsections” to “1947” there shall be substituted the words “ subsections (2) to (8) of section 210 of the Local Government (Scotland) Act 1973 ”;

(d) in section 9(2) (combination of local authorities), for the words from “section”, where last occurring, to “1947” there shall be substituted the words “ sections 56 to 58 of the Local Government (Scotland) Act 1973 ”;

(e) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(f) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Authorised registrars

167

Census

168

Burial grounds, churchyards etc.

169

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

(2) The functions of councils under the Church of Scotland (Property and Endowments) Acts 1925 and 1933 shall be transferred to and vest in islands and district councils in accordance with the amendments to those Acts set out in Part II of Schedule 27 to this Act.

War memorials

170

(1) The local authority for the purposes of the War Memorials (Local Authorities’ Powers) Act 1923 as extended to Scotland by section 133(3) of the Local Government Act 1948 shall be a local authority within the meaning of this Act; and the powers conferred on a local authority by section 1 of the said Act of 1923 as so extended with regard to war memorials shall apply to any war memorial outside as well as within their area.

(2) In consequence of subsection (1) above the said section 133(3) shall have effect as if—

(a) after the word “modifications” there were inserted the following head—

(ia) in section 1, for the words “within their district” there shall be substituted the words “ whether within or outside their area ”;

(b) for head (ii) there were substituted the following head—

(ii) “local authority” means a regional, islands or district council.

Miscellaneous functions, etc.

171

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

(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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

Part IX — Planning

Planning authorities and plans

Planning authorities

172

(1) The planning authority for the purposes of the Act of 1972 and this Part of this Act shall be—

(a) in the case of regional planning functions, a general planning authority or a regional planning authority; and

(b) in the case of district planning functions, a general planning authority or a district planning authority,

and the district of the planning authority shall be the region, islands area or the district, as the case may be.

(2) In the term “local planning authority”, wherever it occurs in any enactment or instrument made under an enactment, the word “local” shall be omitted.

(3) In any enactment or instrument made under an enactment, a reference to a planning authority shall, unless otherwise provided, or unless the context otherwise requires be construed as a reference to a general planning authority and to a district planning authority.

(4) In this Part of this Act—

“the Act of 1972” means the Town and Country Planning (Scotland) Act 1972;

“regional planning functions” are those described in Part I of Schedule 22 to this Act together with those conferred on general or regional planning authorities by this Part of this Act;

“district planning functions” are those described as such in Part II of that Schedule or in this Part of this Act, together with those conferred on general or district planning authorities by this Part of this Act;

“general planning authority” means the council of the Highland region, the Borders region or the Dumfries and Galloway region or of an islands area;

“regional planning authority” means the council of any other region;

“district planning authority” means a district council within the region of a regional planning authority.

Regional reports

173

Structure plans

174

Amendment of provisions relating to approval of structure and local plans by Secretary of State

175

Local plans

176

Reserve powers of regional planning authorities regarding local plans

177

The countryside

178

Development control

Reference of applications to regional planning authority

179

Appeals against planning decisions

180

Powers of regional planning authorities regarding orders under section 42 or 49 of Act of 1972

181

Miscellaneous

Miscellaneous planning functions

182

Directions relating to specialist advice

183

Amendment of enactments relating to planning etc.

184

The enactments mentioned in Schedule 23 to this Act being enactments relating to planning, new towns and kindred matters, shall have effect subject to the amendments set out in that Schedule.

Part X — Licensing, etc.

Licensing Courts and Courts of Appeal

Licensing courts and courts of appeal

185

Transitional and minor and consequential amendments of Licensing (Scotland) Acts

186

(1) The Secretary of State shall not make any order under section 31 of the Licensing (Scotland) Act 1959 (supplementary and local provisions) as that section had effect immediately before the passing of this Act; and no alteration shall be made in any licensing court or court of appeal by reason of any increase or decrease of population until those courts are reconstituted in terms of the said Act of 1959 as amended by subsequent enactments (including this Act).

(2) The Licensing (Scotland) Acts 1959 to 1969 shall have effect subject to the minor and consequential modifications and amendments set out in Part I of Schedule 24 to this Act.

Betting, Gaming and Lotteries

Authorities for purposes of betting, gaming and lotteries, etc.

187

The provisions of the Betting, Gaming and Lotteries Act 1963 and of the Gaming Act 1968 relating to the authorities for the purposes of permits, licences and registration under those Acts shall have effect subject to the modifications and amendments set out in Part II of Schedule 24 to this Act.

188

Part III of Schedule 24 to this Act (miscellaneous licensing, registration and related matters) shall continue to have effect.

Part XI — General Provisions as to Local Authorities

Legal Proceedings, Notices, etc.

Legal proceedings

189

(1) Where a local authority consider it expedient for the promotion or protection of the interests of the inhabitants of their area or any part thereof, they may institute, defend or appear in any legal proceedings or represent the inhabitants at any local inquiry held by or on behalf of any Minister or public body under any enactment.

(2) Any member or officer of a local authority, who is authorised in that behalf by the authority, shall be entitled to institute, defend or appear in proceedings before a court of summary jurisdiction although he is not a practising solicitor.

Service of legal proceedings, notices, etc., on local authorities

190

Any legal proceedings against a local authority shall be deemed to have been duly served on the authority if served on the proper officer of the authority, and any notice, order or other document required or authorised by any enactment or any instrument made under an enactment to be sent, delivered or served to or upon a local authority or to or upon the proper officer or convener of a local authority, shall be addressed to the local authority or to the proper officer or convener as the case may be, and left at, or sent by post in a prepaid letter to, the offices of the local authority.

Claims in sequestrations and liquidations

191

The proper officer of a local authority or any other officer authorised by the authority for the purpose may sign on behalf of the authority any claim in any sequestration, liquidation or other such proceedings in which the authority are entitled to make a claim, and may act on behalf of the authority in connection with that claim in all respects.

Service of notices, etc., by local authority

192

(1) Any documents to which this section applies may be served—

(a) by being sent by post in a prepaid letter or delivered to or at the residence or place of business of the person to whom it is addressed:

(b) in the case of an incorporated company or body by being sent by post in a prepaid letter addressed to the secretary or clerk of the company or body at their registered or principal office or by delivering it to him at that office; or

(c) where the notice or other document relates to premises and the owner thereof resides beyond the area of the local authority, by being sent by post in a prepaid letter or delivered to or at the place of business of his known factor or agent or the person drawing the rents of the premises; or

(d) where the notice or other document relates to premises and the local authority are unable after reasonable inquiry to ascertain the address of the person upon whom it should be served, by addressing it to him—

(i) by name, if his name is known; or

(ii) if his name is not known, by the description of “owner” or “occupier” of the premises (naming them) to which it relates;

and by delivering it to some person on the premises, or if there is no person on the premises to whom it can be delivered, by affixing it or a copy thereof to some conspicuous part of the premises.

(2) Service of a copy of a document to which this section applies shall be deemed to be service of the principal document.

(3) Service of any document to which this section applies may be proved by a certificate under the hand of the person who posted or delivered or affixed the same attested by one witness who was present at such posting, delivery or affixing.

(4) Where any document to which this section applies relates to premises and the local authority are unable after reasonable inquiry to ascertain the name and address of the owner of the premises, then if there is no known factor, agent or person drawing the rents, such document may be addressed to the occupier or any of the occupiers of the premises, and such occupier shall in all respects take burden for the owner, so however that he shall not be liable to make payment under this section of any sum in excess of the sum which he is liable to pay in respect of rent of the premises nor shall he be required to make payment of any sum before the sum in respect of rent is due and payable, and any sum so paid by the occupier shall be deemed to be a payment to account of rent.

(5) For the purpose of enabling any document to be served on the owner of any premises, the local authority may by notice in writing require the occupier of the premises to state the name and address of the owner thereof, and if the occupier refuses or wilfully neglects to do so, or wilfully mis-states the name and address of the owner, he shall, unless in the case of a refusal he shows cause to the satisfaction of the court for his refusal, be liable on summary conviction in respect of each offence to a fine not exceeding level 1 on the standard scale.

(6) This section applies to any notice, order or other document which is required or authorised by an enactment (including any enactment in this Act) or any instrument made under an enactment to be served by or on behalf of a local authority, or by an officer of a local authority, not being a document to the service of which the provisions of some enactment other than this section or some instrument made under an enactment are applicable.

(7) Without prejudice to subsections (1) to (6) above, a rating authority may use the method specified in subsection (8) below or that specified in subsection (9) below in order to—

(a) issue a demand note under section 237 of the 1947 Act ;

(b) supply information which requires to be supplied when such a demand note is issued.

(8) The method specified in this subsection is to send the demand note or information by electronic communication to an address notified to the authority for the purposes of this subsection by the recipient of the demand note or information, and an electronic communication under this subsection must be—

(a) capable of being accessed by the recipient;

(b) legible in all other material respects; and

(9) The method specified in this subsection is to publish the demand note or information on a website in a case where—

(a) the rating authority have agreed with a person that demand notes or information will be issued or supplied to that person by this method;

(b) the demand note or information falls within the terms of that agreement; and

(i) the address of the website on which the demand note or information has been published; and

(ii) the place on the website where the demand note or information may be accessed and how it may be accessed.

(10) In subsection (8)(b) above, “legible in all other material respects” means that the information contained in the electronic communication shall be available to the recipient to no lesser extent than it would be if that information had been contained in a document in printed form.

(11) Unless the contrary is proved—

(a) a demand note issued under subsection (8) above shall be regarded for the purposes of any legal proceedings as having been issued on the second working day after the day on which the electronic communication containing it was sent;

(b) a demand note issued under subsection (9) above shall be regarded for the purposes of any legal proceedings as having been issued on the second working day after the day on which notification was given under paragraph (c) of that subsection.

(12) A person who has notified an address for the purposes of subsection (8) above may subsequently give notice to the rating authority of a different address for those purposes and such a notice shall take effect from the date specified in it, being a date not less than three working days after the date on which the notice is given.

(13) Where a person has agreed to receive demand notes or information by a method specified in subsection (8) or (9) above, that person may at any time withdraw from that agreement by giving notice to the rating authority and such a notice shall take effect from the date specified in it, being a date not less than seven working days after the date on which the notice is given.

(14) In this section—

“address”, in relation to electronic communications, means any number or address used for the purposes of such communications;

“electronic communication” has the meaning given by section 15(1) of the Electronic Communications Act 2000; and

“working day” means a day which is not a Saturday, Sunday, Christmas Eve, a bank holiday in Scotland under the Banking and Financial Dealings Act 1971 , a day appointed for public thanksgiving or mourning or any other day which is a local or public holiday in an area in which the electronic communication is received.

Authentication of documents

193

(1) Any notice, order or other document which a local authority are authorised or required by or under any enactment (including any enactment in this Act) to give, make or issue may be signed on behalf of the authority by the proper officer of the authority, and may be withdrawn by a notice similarly authenticated.

(2) Any document purporting to bear the signature of the proper officer of the authority shall be deemed, until the contrary is proved, to have been duly given, made or issued by the authority of the local authority.

In this subsection the word “signature” includes a facsimile of a signature by whatever process reproduced.

(3) Where any enactment or instrument made under an enactment makes, in relation to any document or class of documents, provision with respect to the matters dealt with by one of the two foregoing subsections, that subsection shall not apply in relation to that document or class of documents.

Execution of deeds by local authority and use of seal

194

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

(1A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(1B) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(2) The seal of a council may be affixed to a deed or other document if authority to affix the seal to the deed or other document has been given at a meeting of the council, or has been given otherwise in accordance with standing orders of the council:

Public notices

195

Save as otherwise expressly provided, a public notice required to be given by a local authority shall be given—

(a) by displaying the notice conspicuously at or near the principal entrance to the offices of the authority; and

(b) by posting the notice in some conspicuous place or places within the area of the authority or by inserting a copy of the notice in a newspaper circulating in the area of the authority; and

Misnomers, etc., not to affect validity of notices, etc.

196

No misnomer or inaccurate description of any person or place, omission, mistake or informality in any notice or other document under or for the purposes of this Act shall affect the full operation of the notice or other document if the person or place mentioned is so designated as to be commonly understood, and such omission, mistake or informality is not such as to defeat the object of the notice or other document or cause substantial injustice to any person affected thereby.

Inspection and deposit of documents

197

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

(2) In any case in which a document of any description is deposited with the proper officer of a local authority, pursuant to the standing orders of either House of Parliament or to any enactment or instrument, the proper officer shall receive and retain the document in the manner and for the purposes directed by the standing orders or enactment or instrument, and shall make such notes or endorsements on, and give such acknowledgements and receipts in respect of, the document as may be so directed.

(3) Subject to any provisions to the contrary in any other enactment or instrument, a person interested in any such map, plan or other document as is mentioned in subsection (2) above, may, at all reasonable hours, inspect and make copies thereof or abstracts therefrom on payment to the person having custody thereof of a fee not exceeding 10p for every such inspection, and of a further fee not exceeding 10p for every hour during which such inspection continues after the first hour.

(4) If a person having the custody of any such document—

(a) obstructs any person entitled to inspect the document or to make a copy thereof or extract therefrom in inspecting the document or making a copy or extract,

(b) refuses to give copies or extracts to any person entitled to obtain copies or extracts,

he shall be liable on summary conviction to a fine not exceeding level 1 on the standard scale.

(5) A local authority may remit any fee chargeable under this section.

Photographic copies of documents

198

(1) Subject to subsection (3) below, any requirement imposed by any enactment that a local authority shall keep a document of any description shall be satisfied by their keeping a photographic copy of the document.

(2) Subject to subsection (3) below, any requirement imposed by any enactment that a document of any description in the custody or under the control of a local authority shall be made available for inspection shall be satisfied by their making available for inspection a photographic copy of the document.

(3) A photographic copy of a document in colour where the colours are relevant to the interpretation of the document shall not suffice for the purposes of this section unless it so distinguishes between the colours as to enable the document to be interpreted.

Reports and returns

199

Every local authority and every joint committee or joint board shall, within such period as the appropriate Minister may require, make to that Minister such reports and returns and give him such information with respect to their functions as the Minister may require, or as may be required by either House of Parliament.

Records

200

Byelaws

Byelaws for good rule and government

201

(1) A local authority may make byelaws for the good rule and government of the whole or any part of the their area, and for the prevention and suppression of nuisances therein.

(2) The confirming authority in relation to byelaws made under this section shall be the Secretary of State.

(3) Byelaws shall not be made under this section for any purpose as respects any area if provision for that purpose as respects that area is made by, or is or may be made under, any other enactment.

Procedure, etc., for byelaws

202

(1) . . . The following provisions of this section shall apply to byelaws to be made by a local authority—

(a) under this Act,

(b) under any other enactment whenever passed, and whether local or otherwise, conferring on a local authority a power to make byelaws, or

(i) section 57 of the Local Government (Scotland) Act 1889;

(ii) the Civic Government (Scotland) Act 1982;

(iii) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(iv) sections 301 to 303 of the 1947 Act.

(1A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(2) Unless the enactment under which the byelaws are made specifically provides otherwise, any such byelaws may apply only to a part of the area of a local authority, and different byelaws may apply to different parts of the area.

(3) The byelaws shall be authenticated by being sealed with the common seal of the local authority and signed by the proper officer of the authority, and shall not have effect until they are confirmed by the confirming authority.

(4) At least one month before application for confirmation of the byelaws is made, notice of the intention to apply for confirmation, of the place where a copy of the byelaws may be inspected and of the authority to whom objections may be notified shall be given in a newspaper circulating in the area to which the byelaws are to apply or in such other manner as the confirming authority on the application of the local authority may determine to be sufficient in the circumstances.

(5) For at least one month before application for confirmation is made, a copy of the byelaws shall be deposited at the offices of the local authority by whom the byelaws are made and shall at all reasonable hours be open to public inspection without payment.

(6) The local authority by whom the byelaws are made shall on application furnish to any person a copy of the byelaws or of any part thereof on payment of such sum, not exceeding 10p for every hundred words contained in the copy, as the authority may determine.

(7) Any person aggrieved by any byelaws may, within one month after notice has been published in accordance with the provisions of subsection (4) above, notify in writing his objection and the ground of his objection to the confirming authority.

(8) Before confirming byelaws, the confirming authority shall take into consideration any objections received by them and may, if they consider it necessary or desirable, hold a local inquiry or cause a local inquiry to be held.

(9) Unless the Secretary of State shall otherwise direct, every inquiry with respect to byelaws made under any provision of this Act or of the Civic Government (Scotland) Act 1982 shall be held by the sheriff.

(10) The confirming authority may confirm with or without modification or refuse to confirm any byelaws submitted under this section for confirmation and may fix the date on which the byelaws are to come into operation, and if no date is so fixed the byelaws shall come into operation at the expiration of one month from the date of their confirmation.

(11) The local authority shall, as soon as practicable after receiving intimation of the confirmation of the byelaws by the confirming authority, cause a notice of such confirmation, of the date on which the byelaws are to come into operation, and of the place where a copy of the byelaws as confirmed may be inspected, to be given in a newspaper circulating in the area to which the byelaws are to apply or in such other manner as the confirming authority on the application of the local authority may determine to be sufficient in the circumstances.

(12) A copy of the byelaws when confirmed shall be printed and deposited at the offices of the local authority by whom the byelaws are made and shall at all reasonable hours be open to public inspection without payment, and a copy thereof shall on application be furnished to any person on payment of such sum not exceeding 20p for every copy as the authority may determine.

(13) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(14) The provisions of this section shall apply, subject to any necessary modifications, in the case of byelaws made by any authority other than a local authority under any enactment passed before the coming into force of this Act and incorporating or applying any of the enactments set out in subsection (1)(c) above.

(15) In this section “the confirming authority” means the authority or person, if any, specified in the enactment (including any enactment in this Act) under which the byelaws are made, or in any enactment incorporated therein or applied thereby, as the authority or person by whom the byelaws are to be confirmed, or if no authority or person is so specified, means the Secretary of State:

Offences against byelaws

203

Byelaws made by a local authority, and for which specific provision is not otherwise made, may provide that persons contravening the byelaws shall be liable on summary conviction to a fine not exceeding such sum as may be fixed by the enactment conferring the power to make the byelaws, or, if no sum is so fixed, the sum of level 2 on the standard scale, and in the case of a continuing offence a further fine not exceeding such sum as may be fixed as aforesaid, or, if no sum is so fixed, the sum of £5 for each day during which the offence continues after conviction thereof.

Evidence of byelaws

204

The production of a copy of a byelaw purporting to be made by a local authority upon which is endorsed a certificate purporting to be signed by the proper officer of the authority stating—

(a) that the byelaw was made by the authority;

(b) that the copy is a true copy of the byelaw;

(c) that on a specified date the byelaw was confirmed by the authority named in the certificate or, as the case may require, was sent to the Secretary of State and has not been disallowed;

(d) the date, if any, fixed by the confirming authority for the coming into operation of the byelaw;

shall be sufficient evidence of the facts stated in the certificate, and without proof of the handwriting or official position of any person purporting to sign a certificate in pursuance of this section.

Miscellaneous provisions

Lieutenants

205

Admission of honorary freemen

206

(1) A local authority may, by resolution passed by not less than two-thirds of the members voting thereon at a meeting of the authority the notice of which specifies the proposed admission as an item of business, admit to be honorary freemen of their area persons of distinction and any persons who have rendered eminent service to their area.

(2) An officer designated for the purpose by local authority shall keep a roll containing the names of persons admitted to be freemen under this section.

Limitation of rights of freemen

207

Nothing in this Part of this Act shall—

(a) confer any right of membership or any right or interest in the properties, funds, revenues or privileges of any guild or incorporation of crafts; or

(b) confer any right or interest in any burgess acres or any grazing rights connected therewith, or affect the law or practice existing at the commencement of this Act with reference to the use, enjoyment and administration of any such burgess acres or grazing rights.

Provisions as to Sundays, etc.

208

(1) Where the day or the last day on which anything is required or permitted by or in pursuance of this Act to be done is a Sunday, Christmas Day, New Year’s Day, Good Friday, bank holiday, or a public holiday, or a day appointed for public thanksgiving or mourning, the requirement or permission shall be deemed to relate to the first day thereafter which is not one of the days before mentioned, but, save as aforesaid or as otherwise expressly provided in this Act, in reckoning a number of days for the purposes of this Act, the days before specified shall not be excluded.

(2) Where under the foregoing provisions of this section an election is postponed, the day on which the election is held shall be treated as the day of election for all purposes of this Act relating to that election:

Part XII — Miscellaneous, General and Transitional

Miscellaneous

Removal or relaxation of controls affecting certain local authority functions

209

(1) For the purpose of removing or relaxing controls which affect the exercise by local authorities of certain functions, including limits imposed on the amount of the fees which may be charged by local authorities in connection with the issue of licences and the exercise of other functions, the enactments specified in Schedule 25 to this Act shall have effect subject to the amendments set out in that Schedule.

(2) Without prejudice to subsection (1) above, the Secretary of State may by order made by statutory instrument make provision for the removal or relaxation of any control, including any such limit as is referred to in subsection (1) above, which affects the exercise of any function by a local authority and which is conferred by or under any enactment on a Minister of the Crown or a body constituted by or under any enactment.

(3) An order made under this section may contain such incidental or consequential provisions as appear to the Secretary of State to be appropriate, including provisions amending or repealing or revoking, with or without savings, any enactment passed before this Act and any instrument made under any such enactment.

(4) A statutory instrument containing an order under this section shall be of no effect unless approved by a resolution of each House of Parliament.

(5) In this section “local authority” includes a Passenger Transport Executive.

Power to direct inquiries

210

(1) Where any Minister is authorised by this Act to determine any difference, to make or confirm any order, to frame any scheme, or to give any consent, confirmation, sanction or approval to any matter, or otherwise to act under this Act . . ., or where the Secretary of State is authorised to hold an inquiry, either under this Act or under any other enactment relating to the functions of a local authority, he may cause a local inquiry to be held.

(2) Except as otherwise provided in any enactment, the Minister may appoint an officer of his Department or any other person to conduct the inquiry and to report thereon to him.

(3) The person appointed to hold the inquiry shall cause notice of the time and place of the inquiry to be given to the bodies and persons appearing to him to be interested.

(4) For the purpose of any such local inquiry, the person appointed to hold the inquiry may by notice in writing require any person to attend, at a time and place stated in the notice, to give evidence or to produce any books or other documents in his custody or under his control which relate to any matter in question at the inquiry, and may take evidence on oath, and for that purpose administer oaths:

(a) no person shall be required, in obedience to such a notice, to attend to give evidence or to produce any such books or other documents, unless the necessary expenses of his attendance are paid or tendered to him; and

(b) nothing in this subsection shall empower the person holding the inquiry to require any person to produce any book or document or to answer any question which he would be entitled on the ground of privilege or confidentiality, to refuse to produce or to answer if the inquiry were a proceeding in a court of law.

(5) Any person who refuses or wilfully neglects to attend in obedience to a notice under this section to give evidence or who wilfully alters, suppresses, conceals, destroys or refuses to produce any book or other document which he is required or is liable to be required to produce for the purposes of this section shall be liable on summary conviction to a fine not exceeding level 1 on the standard scale or to imprisonment for a term not exceeding three months, or to both.

(6) The Minister causing the inquiry to be held may, if he thinks fit, pay such expenses of witnesses and such expenses of or concerning the production of any books or other documents as to him seems reasonable, and such expenses shall be deemed to be part of the expenses of the inquiry.

(7) The Minister may make orders as to the expenses incurred—

(a) by the Minister in relation to—

(i) the inquiry;

(ii) arrangements made for an inquiry which does not take place; and

(b) by the parties to the inquiry,

and as to the parties by whom any of the expenses mentioned in paragraphs (a) and (b) above shall be paid.

(7A) What may be recovered by the Minister is the entire administrative expense of the inquiry, so that, in particular—

(a) there shall be treated as expenses incurred in relation to the inquiry such reasonable sum as the Minister may determine in respect of the general staff expenses and overheads of his department, and

(b) there shall be treated as expenses incurred by the Minister holding the inquiry any expenses incurred in relation to the inquiry by any other Minister or Government department and, where appropriate, such reasonable sum as that Minister or department may determine in respect of general staff expenses and overheads.

(7B) The Minister may by regulations prescribe for any description of inquiry a standard daily amount and where an inquiry of that description does take place what may be recovered is—

(a) the prescribed standard amount in respect of each day (or an appropriate proportion of that amount in respect of a part of a day) on which the inquiry sits or the person appointed to hold the inquiry is otherwise engaged on work connected with the inquiry,

(b) expenses actually incurred in connection with the inquiry on travelling or subsistence allowances or the provision of accommodation or other facilities for the inquiry, and

(d) any legal expenses or disbursements incurred or made by or on behalf of the Minister in connection with the inquiry.

(8) Where the Minister has made an order under subsection (7) of this section requiring any party to pay expenses to him he shall certify the amount of the expenses, and any amount so certified shall be a debt due by that party to the Crown and shall be recoverable accordingly.

(9) This section shall not apply in the case of a local inquiry held under any enactment where the enactment contains provisions with regard to such inquiries.

Provision for default of local authority

211

(1) If a complaint is made to the Secretary of State or any appropriate Minister that a local authority have failed to do what is required of them by or under this Act or any other enactment or the Secretary of State or that Minister is of opinion that an investigation should be made as to whether a local authority have so failed, he may cause a local inquiry to be held into the matter.

(2) If after such a local inquiry the Secretary of State or appropriate Minister is satisfied that there has been such a failure on the part of the authority in question, he may make an order declaring the authority to be in default and directing them for the purpose of remedying the default to take such steps and within such time or times as may be specified in the order.

(2A) If the Secretary of State or appropriate Minister—

(a) is about to make an order under subsection (2) above; and

(b) is satisfied that the failure to which the order relates has continued or recurred,

he may, in that order and without any local inquiry, declare the authority to be in default in respect of the continuance or recurrence of the failure and direct them for the purpose of remedying the default to take such steps and within such time or times as may be specified in the order.

(2B) The Secretary of State or appropriate Minister may, in an order under subsection (2) above, notify the local authority that any continuance or recurrence of the failure in respect of which the authority have been declared to be in default happening after the date of the order may be made the subject of an application to the Court of Session under subsection (3A) below.

(3) If the authority declared to be in default by such an order fail to comply with any requirement thereof within the time limited thereby for compliance with that requirement, the Court of Session may, on the application of the Lord Advocate on behalf of the Secretary of State or appropriate Minister, order specific performance of the functions in respect of which there has been default, and do otherwise as to the court appears to be just.

(3A) If—

(a) a local authority have been notified under subsection (2B) above; and

(b) there has been any such continuance or recurrence as is mentioned in that subsection of the failure to which the notification relates,

the Court of Session may, on the application of the Lord Advocate on behalf of the Secretary of State or appropriate Minister, order specific performance of the functions in respect of which there has been such continuance or recurrence of the failure and do otherwise as to the court appears to be just.

(4) Nothing in this section shall affect the provisions of any other enactment relating to the enforcement of a statutory duty whether under that enactment or otherwise.

(5) The provisions of this section shall apply to a joint board as they apply to a local authority.

(6) In this section any reference to an enactment includes a reference to the Transport (Scotland) Act 2001 (asp 2).

Limitation of liability of certain owners

212

Where a local authority claim to recover any sum in respect of rates or otherwise under or in pursuance of any provision of this Act from a person as being the owner of premises and that person proves that he—

(a) is receiving the rent merely as trustee, tutor, curator, factor or agent for some other person; and

(b) has not, and since the date of the service on him of the demand for payment has not had, in his hands on behalf of that other person sufficient money to discharge the whole demand of the authority,

his liability should be limited to the total amount of the money which he has or has had in his hands as aforesaid.

Tweed Fisheries Commissioners

213

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

(3) The said Act of 1969 shall have effect subject to the amendments set out in Schedule 26 to this Act.

General

Consequential and minor modifications and amendments

214

(1) As from 16th May 1975 Part I of Schedule 27 to this Act shall have effect for the purpose of making general adaptations of enactments, being adaptations which are consequential on the foregoing provisions of this Act.

(2) As from that date the enactments specified in Part II of that Schedule shall have effect subject to the modifications and amendments set out in the said Part II, being modifications and amendments which are consequential on the foregoing provisions of this Act and minor amendments.

Consequential and supplementary provisions

215

(1) The Secretary of State or any appropriate Minister may at any time, whether before or after 16th May 1975, by order make such incidental, consequential, transitional or supplementary provisions as may appear to him—

(a) to be necessary or proper for the general or any particular purposes of this Act or in consequence of any of the provisions thereof or for giving full effect thereto; or

(b) to be necessary or proper in consequence of such of the provisions of any other Act passed in the same session as this Act as apply to any area or authority affected by this Act;

and nothing in any other provision of this Act shall be construed as prejudicing the generality of this subsection.

(2) An order under this section may in particular make provision, in the case of any body, person, funds or matter affected by this Act, for the transition from the provisions of any enactment to the provisions of this Act, but nothing in that order shall be inconsistent with any provision of this Act.

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

(4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(7) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(8) Any statutory instrument containing an order under this section shall be subject to annulment in pursuance of a resolution of either House of Parliament.

Transfer of officers

216

(1) An order or regulations under section 24, or an order under section 215, of this Act may contain provisions as to the transfer of any person who is, on such date as may be specified in relation to him in the order or by or under the regulations, the holder of any office or employment and who is affected by any provision of, or of any instrument made under, this Act and shall contain provision for the protection of the interests of such persons.

(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3) Any such order or regulations as is or are referred to in subsection (1) . . . above shall include such provision with respect to any person who is transferred by or under the order or regulations from the employment of one authority to that of another so as to secure that—

(a) so long as he continues in the employment of that other authority by virtue of the transfer and until he is served with a statement in writing referring to the order or regulations and specifying new terms and conditions of employment, he enjoys terms and conditions of employment not less favourable than those which he enjoyed immediately before the date of transfer; and

(b) the said new terms and conditions are such that—

(i) so long as he is engaged in duties reasonably comparable to those in which he was engaged immediately before the date of transfer, the scale of his salary or remuneration, and

(ii) the other terms and conditions of his employment,

are not less favourable than those which he enjoyed immediately before the date of transfer.

(4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Continuity of employment in cases of voluntary transfer

217

(1) This section applies to a person if—

(a) at some time before 16th May 1975, or on that date but otherwise than by virtue of provision made by an order under section 216 above, he enters the employment of a new local authority (in this section referred to as “his new employment”), and

(b) had he continued until 16th May 1975 in the employment (in this section referred to as “his previous employment”) which he last held before he entered his new employment or (if he did so continue) had he then ceased to be in that employment by reason only of Part I of this Act, provision would have been made by an order under section 216(2) of this Act for his transfer on that date to the employment of a specified local authority.

(2) Where this section applies to a person, then for the purposes of paragraph 10 of Part II of Schedule 1 to the Trade Union and Labour Relations Act 1974 (qualifying period for protection from unfair dismissal) and section 49 of the Employment Protection (Consolidation) Act 1978 (minimum periods of notice)—

(a) the period of employment in his previous employment shall count as a period of employment in his new employment, and

(b) the change of employment shall not break the continuity of the period of employment.

Staff commission for Scotland

218

Compensation for loss of office

219

(1) The Secretary of State shall by regulations provide for the payment by such person as may be prescribed by or determined under the regulations of compensation to or in respect of persons who are, or who but for any such service by them as may be so prescribed would be, the holders of any such office or employment as may be so prescribed and who suffer loss of employment or loss or diminution of emoluments which is attributable to any provision of this Act or of any instrument made under this Act.

(2) Regulations under this section may—

(a) include provision as to the manner in which and the person to whom any claim for compensation is to be made, and for the determination of all questions arising under the regulations,

(b) make different provision for different classes of persons and for other different circumstances and make or authorise the Secretary of State to make exceptions and conditions,

but so that regulations having effect from a date earlier than the date of their making shall not place any individual in a worse position than he would have been in if the regulations had been so framed as to have effect only from the date of their making.

(3) Without prejudice to subsection (1) above, regulations under this section may make provision in relation to persons who are or, but for any such service by them as may be prescribed, would be employees of any such association of local authorities or of committees of local authorities as may be prescribed and who suffer loss of employment or loss or diminution of emoluments which is attributable to the reorganisation of local government effected by this Act; and, without prejudice to subsection (2) above, regulations under this section making any such provision may provide that any compensation paid under the regulations by the Secretary of State shall be recoverable by him in accordance with the regulations from such association or other body as may be prescribed by or determined under the regulations.

(4) Any statutory instrument containing regulations under this section shall be subject to annulment in pursuance of a resolution of either House of Parliament.

Provision for early retirement in lieu of compensation for loss of office

220

(1) In order to facilitate the early retirement of certain persons who might otherwise suffer such loss of employment or loss or diminution of emoluments as is referred to in section 220 of this Act, any person who—

(a) is the holder of any such office or is in any such employment as may be prescribed for the purposes of this subsection, and

(b) attains or has attained the age of fifty on or before 15 May 1975, and

may by notice given before the prescribed date and in the prescribed manner elect that this section shall, and that section 219 of this Act shall not, apply to him.

(2) Where any person has made an election under subsection (1) above, then unless, within the period of one month beginning on the day on which the notice of election is given, notice of objection to that election has been given to him by the body under whom he holds office or by whom he is employed, this section shall, and section 219 of this Act shall not, apply to him on his retirement within the prescribed period and before attaining the normal retiring age.

(3) Subject to subsection (4) below, the Secretary of State shall, by regulations, provide for the payment by such person as may be prescribed by or determined under the regulations to or in respect of a person to whom this section applies of benefits corresponding, as near as may be, to those which would have been paid to or in respect of that person under the relevant superannuation scheme if—

(a) at the date of his retirement he had attained the normal retiring age; and

(b) the actual period of his reckonable service were increased by such period as may be prescribed, being a period not exceeding the period beginning on the date of his retirement and ending on the date on which he would attain the normal retiring age.

(4) Regulations under subsection (3) above shall be so framed as to secure that the sums which would otherwise be payable under the regulations in accordance with that subsection to or in respect of any person are reduced to take account of any benefits payable to or in respect of him under the relevant superannuation scheme.

(5) Any sums payable under regulations made under subsection (3) above shall be treated for the purposes of section 73 of the Finance Act 1972 (compensation for loss of office or employment chargeable to tax as a payment made on retirement or removal from office or employment) in like manner as compensation paid under section 219 of this Act.

(6) In this section—

" normal retiring age " means— in relation to any person to whom an age of compulsory retirement applies by virtue of the relevant superannuation scheme, that age, and in relation to any other person the age of sixty-five in the case of a man and sixty in the case of a woman, or, in either case, such other age as may be prescribed;

" reckonable service ", in relation to any person, means service in respect of which benefits are payable under the relevant superannuation scheme ; and

" relevant superannuation scheme ", in relation to any person, means the instrument which is applicable in the case of his office or employment and which makes provision with respect to the pensions, allowances or gratuities which, subject to the fulfilment of certain requirements and conditions, are to be, or may be, paid to or in respect of persons in that office or employment.

(7) A statutory instrument containing regulations under this section shall be subject to annulment in pursuance of a resolution of either House of Parliament.

Remuneration of employees of existing local authorities

221

(1) For the purposes of this section the Secretary of State may designate such body appearing to him to be representative of local authorities as he considers appropriate (in this section referred to as " the advisory body ") to consider any increase made or proposed to be made by an existing local authority in the remuneration of any of their employees.

(2) For the purpose of enabling them to carry out their functions under this section, the advisory body shall consult and seek information from new and existing local authorities and, if requested to do so by the advisory body, the Secretary of State may give a direction to any such local authority requiring them to furnish to the advisory body such information as may be specified in the direction relating to the remuneration and other terms and conditions of employment of such employees of the local authority as may be so specified.

(3) If it appears to the advisory body that an existing local authority have fixed or propose to fix for any employee or class of employee of theirs a rate of remuneration which, having regard to any recommended levels of remuneration formulated on a national basis by representatives of local authorities and employees of local authorities, is greater than that which the advisory body considers appropriate for that employee or class of employees, they shall notify the local authority concerned and recommend to them the rate of remuneration which should be paid to the employee or class of employees concerned.

(4) If it appears to the advisory body that an existing local authority to whom they have made a recommendation under subsection (3) above are not complying with that recommendation, then, after giving notice in writing to the local authority concerned of their intention to do so, they may refer the matter to the Secretary of State, and on such a reference the Secretary of State, after consultation with such persons appearing to him to be representative of local authorities and of employees of local authorities as he considers appropriate in relation to the employee or class of employees concerned, may give a direction to that local authority requiring them, with effect from such date as may be specified in the direction (not being earlier than the date on which notice was given to them by the advisory body), to pay such employee or class of employees of theirs as was the subject of the recommendation and as may be so specified remuneration at the rate recommended by the advisory body under subsection (3) above and specified in the direction.

(5) It shall be the duty of any local authority to whom a direction is given under subsection (2) or subsection (4) above to comply with the direction.

(6) If at any time in the period of three months beginning on 16th May 1975 it appears to the advisory body that the remuneration paid at any time before that date to any employee or class of employees of an existing local authority was such that, if that authority had not ceased to exist, the advisory body would have made a recommendation to the authority under subsection (3) above or, having made such a recommendation before that date, would have referred the matter to the Secretary of State under subsection (4) above, they shall notify the Secretary of State and report to him the rate of remuneration which in their opinion should have been paid to the employee or class of employees concerned immediately before 16th May 1975 or such earlier date as may be specified in the report, being the date on which the employee or employees ceased to be employed by the local authority concerned.

(7) On receiving a report under subsection (6) above the Secretary of State may, after such consultation as is specified in subsection (4) above, by order provide that, for the purposes of the provisions of this Act relating to transfer of officers and compensation for loss of office, the employee or class of employees to whom the report relates and who are specified in the order shall be deemed to have been receiving, immediately before 16th May 1975 or such earlier date as may be specified in the report, remuneration at the rate stated in the report and specified in the order, but no order shall be made under this subsection after the end of October 1975.

(8) Nothing in this section—

(a) shall apply to the remuneration payable to teachers by education authorities, or

(b) shall empower the Secretary of State to give a direction requiring a local authority to pay any employee, or to make an order deeming any employee to have been receiving remuneration at a rate below that to which he was entitled on 1st April 1973.

(9) In this section, " existing local authority" includes a joint committee, joint board, river purification board and a water board.

Transfer of property

222

Property held on trust

223

Property commission for Scotland

224

Local Acts and instruments

225

(1) Subject to subsections (2)

and (8) below, any local statutory provision to which this section applies and which is not continued in force by any other provision of this Act shall—

(a) notwithstanding the changes of administrative areas and local authorities effected by or under this Act and, in the case of an instrument made under any enactment, notwithstanding the repeal of that enactment, continue to apply on and after 16th May 1975 to, but only to, the area, things or persons to which or to whom it applies before that date;

(b) have effect subject to any necessary modifications and to the modifications made by subsection (3) below;

but the continuation by this subsection of an instrument made under any enactment shall not be construed as prejudicing any power to vary or revoke the instrument which is exercisable apart from this subsection.

(2) Subsection (1)

above shall have effect subject to the provisions of—

(a) this Act, other than Part I of Schedule 27;

(b) any Act passed after this Act and before 16th May 1975; and

(3) Any local statutory provision to which this section applies and which relates to functions exercisable by a local authority of any description by virtue of any public general enactment shall have effect as if for any reference to the authority by whom the functions are exercised immediately before 16th May 1975 there were substituted a reference to the authority by whom those functions are exercisable on and after that date.

(4) Subsection (3)

above shall not come into force until 16th May 1975 and shall have effect subject to any provision to the contrary made by, or by any instrument made under, this Act and, without prejudice to the foregoing, the Secretary of State may by order provide for the exercise of functions conferred by any local statutory provision to which this section applies and exclude the operation of that subsection where it would otherwise conflict with any provision of the order.

(5) Where any local statutory provision is continued in force in any area by subsection (1) above or is amended or modified in its application to any area by an order under section 215 of this Act, the Secretary of State or any appropriate Minister may by that order, or in the case of a provision continued as aforesaid, by an order under this subsection—

(a) extend the provision throughout the new local government area in which it is continued in force;

(b) provide that that provision as so continued, amended, modified or extended shall have effect in that area to the exclusion of any enactment for corresponding purposes, including any enactment contained in or applied by this Act;

(c) make such modifications of any such enactment in its application to that area as will secure that the enactment will operate harmoniously with the said provision in that area;

(d) repeal or revoke any local statutory provision to which this section applies and which appears to the Secretary of State or that Minister to have become spent, obsolete or unnecessary or to have been substantially superseded by any enactment or instrument which applies or may be applied to the area, persons or things to which or to whom that provision applies;

(e) transfer to any authority appearing to the Secretary of State or that Minister to be appropriate any functions of an existing local authority under a local statutory provision to which this section applies which are not to become functions of some other authority under any provisions of this Act except section 215 of this Act and this section, or under any other instrument made under this Act, being functions exercisable by any existing local authority abolished by this Act;

(f) with prejudice to paragraph (e) above, make such modifications of any local statutory provision to which this section applies in its application to any new local government area as appear to the Secretary of State or that Minister to be expedient.

(6) Subject to sections 134(2), 135 and 137 of the Civic Government (Scotland) Act 1982 and any order under these sections, All local statutory provisions to which this subsection applies shall cease to have effect at the end of 1984, but—

(a) the Secretary of State or any appropriate Minister may by order exempt any such provision from the foregoing provision of this subsection;

(b) the Secretary of State may from time to time by order postpone the date on which all local statutory provisions applying to the whole or part of any local government area, so far as they so apply, are to cease to have effect under this subsection.

(7) An instrument containing an order under subsection (5)

or (6) above shall be subject to annulment in pursuance of a resolution of either House of Parliament.

(8) Any local statutory provision relating to valuation or the determination, levying, collection or recovery of rates shall cease to have effect:

(9) This section applies to any local statutory provision in force immediately before 16th May 1975 and not expressly repealed or revoked by this Act, and subsection (6) above applies to the following statutory provisions—

(a) a provision of a local Act, the Bill for which was promoted by a local authority;

(b) a provision of an Act confirming a provisional order made on the application of a local authority;

not being a provision relating to a statutory undertaking or a protective provision for the benefit of any person.

(10) In subsection (9)

above “local authority” means—

(a) a council of a county, county of city, burgh or district;

(b) any body which immediately after the coming into force of the enactment which constituted the body exercised functions which immediately before 16th May 1975, were exercised by one of the councils referred to in paragraph (a) above;

and “statutory undertaking” means any railway, light railway, tramway, road transport, water transport, canal, inland navigation, ferry, dock, harbour, pier or lighthouse undertaking, any market undertaking or any undertaking for the supply of electricity, gas, hydraulic power, water or district heating.

Existing joint boards

226

Abolition of Dean of Guild Court

227

On 16th May 1975 all dean of guild courts shall cease to exist, and unless otherwise provided, all powers, duties and responsibilities conferred on a dean of guild or a dean of guild court by or under any enactment shall thereafter be exercised by the authority responsible for building control in the area concerned.

Abolition of fiars courts for counties etc.

228

(1) The courts for striking the fiars prices for the counties of Scotland shall no longer be held, and accordingly no payment becoming due after the appointed day shall be calculated by reference to fiars prices.

(2) Subject to the provisions of section 12 of the Conveyancing (Scotland) Act 1924 (abolition and commutation of grain, etc. feuduties) the amount of any periodical payment becoming due after the appointed day which would, if it had become due immediately before that day, have fallen to be ascertained by reference to fiars prices, shall be a sum in money representing the average value of the payment due during the last three years before that day.

(3) In the event of the parties failing to reach agreement as to the commutation into money of any payment by reference to subsection (2) above, either party may apply to the sheriff for a decree declaring the commuted value in money of the payment.

(4) Where any payment, the amount of which falls to be ascertained by reference to subsection (2) above, is exigible from any person by virtue of an interest in land, the title to which may be recorded in the Register of Sasines, any agreement relative thereto and any decree pronounced under subsection (3) above shall, on being duly recorded in the appropriate register, be binding upon all persons having interest.

(5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(6) In this section “the appointed day” means the day appointed under section 238 of this Act for the coming into operation of this section.

The Burgh Police (Scotland) Acts 1892 to 1911

229

Committees of existing local authorities

230

Application to sheriff in cases of difficulty

231

(1) Where, from failure to observe any of the provisions of this Act or from any other cause, a difficulty arises in carrying into effect any of the provisions of this Act, or where in any case any question arises as to the procedure to be followed, or where any question arises in connection with the election of members of a local authority and no provision is made in this Act for meeting such difficulty or determining such question, it shall be lawful for the local authority or any seven local government electors for the area of the authority or the proper officer of the authority, or in the case of a question relating to an election of members of a local authority for the returning officer at the election, to make application to the sheriff setting forth the circumstances and after such intimation and inquiry as to the sheriff seems proper, the sheriff may give such directions as in his judgment will enable the provisions of this Act to be complied with as nearly as possible or determine the question as the case may be, and may make such order as seems proper to him with reference to the expenses in connection with the application and the persons by whom such expenses are payable.

(2) Subject to any order made by the sheriff, all expenses incurrred in connection with any application under the preceding subsection shall be defrayed as part of the general expenses of the authority.

Provisions regarding applications to court

232

(1) Where any application to the sheriff under this Act is dealt with in the first instance by a sheriff other than the sheriff principal, it shall be competent to appeal to the sheriff principal against the decision of the sheriff within fourteen days after the date thereof, but subject thereto the decision of the sheriff principal or sheriff shall, except where otherwise specifically provided, be final.

(2) Where the area of a local authority is situated within more than one sheriffdom, any application to the sheriff under this Act shall be presented to the sheriffs principal of the sheriffdoms in which the area of the authority is situated.

(3) Where any application is presented to two or more sheriffs principal under this Act and they are unable to reach a unanimous decision, they shall state a case for the Court of Session and the Court may pronounce any deliverance which it would have been competent for the sheriffs to make.

Orders, rules and regulations

233

(1) Any power to make orders, rules or regulations conferred on any Minister by any provision of this Act, other than section 104(1), 210(7) 211 or 221 shall be exercisable by statutory instrument.

(2) Any order under this Act may be varied or revoked by a subsequent order made in the like manner and subject to the same provisions.

(3) An order made by a Minister under this Act may contain such incidental, consequential and supplemental provisions as appear to the Minister by whom the order is made to be necessary or proper for bringing the order into operation and giving full effect thereto.

Expenses

234

There shall be defrayed out of moneys provided by Parliament—

(a) any expenses incurred by any Minister under this Act; and

(b) any increase attributable to the provisions of this Act in the sums payable out of moneys so provided under any other enactment.

General provisions as to interpretation

235

(1) In this Act, except where the context otherwise requires—

“appropriate Minister”, with respect to any matter, means the Minister in charge of any Government Department concerned with that matter; but the validity of any order or regulation purporting to be made by any Minister by virtue of a power conferred on the appropriate Minister by this Act shall not be affected by any question as to whether or not that Minister was the appropriate Minister for the purpose;

. . .

. . .

“education authority”, “educational establishment”, “further education” and “school” have the same meanings as in the Education (Scotland) Act 1980;

. . .

“electoral ward” shall be construed in accordance with section 5 of the Local Government etc. (Scotland) Act 1994;

“enactment” includes an order, regulation, rule or other instrument having effect by virtue of an Act;

“existing”, in relation to any authority, means that authority as they existed immediately before the passing of this Act;

“financial year” has , except in section 98, the meaning assigned to it by section 96(5) of this Act;

“joint board” means a body corporate, constituted for the purposes of a combination of local authorities under this Act or by or under any other enactment, consisting exclusively of persons appointed by the local authorities;

“joint committee” means a body, not being a body corporate, constituted for the purpose of a combination of local authorities under this Act or by or under any other enactment, consisting exclusively of persons appointed by the local authorities;

“land” includes land covered with water and any interest right or servitude in or over land;

“local authority” means a council constituted under section 2 of the Local Government etc. (Scotland) Act 1994;

“local statutory provision” means a provision of a local Act (including an Act confirming a provisional order) or a provision of a public general Act passed with respect only to the whole or part of an existing local government area or a provision of an instrument made under any such local or public general Act or of an instrument in the nature of a local enactment made under any other Act;

“new”, in relation to any authority, means that authority as established by or under this Act;

“1947 Act” means the Local Government (Scotland) Act 1947;

“prescribed” means prescribed by regulations made by the Secretary of State;

“rating authority” shall be construed in accordance with section 30 of the Local Government etc. (Scotland) Act 1994;

. . .

(2) Any reference in this Act to a regional, islands or district council includes a reference to any combination of those councils.

(3) Any reference in this Act to a proper officer and any reference which by virtue of this Act is to be construed as such a reference shall, in relation to any purpose and any local authority or other body or any area, be construed as a reference to an officer appointed for that purpose by that body or for that area, as the case may be.

(4) In this Act, except where the context otherwise requires, references to any enactment shall be construed as references to that enactment as amended, extended or applied by or under any other enactment, including any enactment contained in this Act.

Savings

236

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

(2) . . . Nothing in sections 70 to 78 of this Act shall affect any provision relating to the acquisition by agreement or compulsorily, appropriation, letting or disposal of land, the erection of buildings or the execution of works by a local authority contained in any of the following enactments or any instrument made thereunder—

(a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b) The Military Lands Acts 1892 to 1903;

(d) The Housing (Scotland) Act 1987;

(e) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(f) The Education (Scotland) Acts 1939 to 1973;

(g) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(h) Any local Act.

(3) Any enabling provision contained in this Act shall be in addition to, and not in derogation of, any powers exercisable by Her Majesty by virtue of her royal prerogative.

Repeals

237

(1) The enactments specified in Schedule 29 to this Act (which include enactments that were obsolete, spent or unnecessary before the passing of this Act) are hereby repealed to the extent mentioned in the third column of that Schedule.

(2) Without prejudice to section 17(2) of the Interpretation Act 1978, where this Act repeals any enactment making provision with respect to a particular matter or particular matters and either makes or applies some other enactment making corresponding or different provision with respect to that matter or those matters, then, unless the contrary intention appears and in particular subject to any instrument under section 215, 216, 219 or 225 of this Act references in any enactment other than this Act, or in any instrument made under any enactment other than this Act, to the repealed enactment shall be construed as references to the enactment contained in or applied by this Act which makes the corresponding or different provision.

Short title, commencement and extent

238

(1) This Act may be cited as the Local Government (Scotland) Act 1973.

(2) This Act (except this section) shall come into operation on the appointed day, being such day as the Secretary of State may by order appoint, and different days may be appointed under this subsection for different provisions of this Act or for different purposes, or for the purposes of the same provision in relation to different cases.

(3) This Act, except sections 92, 146(5) and 213 and paragraph 64 of Schedule 17 and Schedule 26 . . . extends to Scotland only.

SCHEDULE 1

PART 1 Part II

Part III

Part IV

Provisions as to boundaries

1

The boundaries of the new local government areas shall be mered by Ordnance Survey.

2

Any such boundary defined on the map annexed to any order under Part VI of the Local Government (Scotland) Act 1947 by reference to proposed works shall, until such works are carried out, be mered as if the boundary had not been so defined.

3

In this Schedule references to existing polling districts shall mean those districts as bounded as at 16th May 1973.

SCHEDULE 2

First elections of councillors

1

(1) For the purpose of any election of councillors held before the relevant year of election, every region and islands area shall be divided into such electoral divisions, and every district shall be divided into such wards, as may be specified in a direction made by the Secretary of State after carrying out, either before or after the passing of this Act, such consultations as he thinks appropriate.

(2) In this paragraph, “relevant year of election” means, in relation to a local government area, the first year of ordinary election of councillors for that area (being 1978 or any fourth year thereafter in the case of regional or islands councillors, and 1977 or any of the subsequent years stated or referred to in section 4(4) of this Act in the case of district councillors) occurring after the making of any order constituting the new electoral areas of that local government area in consequence of a review under Schedule 5 to this Act.

(3) A direction under this paragraph may contain such incidental, consequential, transitional or supplementary provisions as may appear to the Secretary of State to be necessary or proper.

2

(1) At the first elections of councillors for the new local authorities, the returning officer shall be an officer of the council appointed by such existing county or town council as the Secretary of State may direct.

(2) In relation to any such election, if in any electoral division of a region there is a contested election of a regional councillor, any contested election of a district councillor for a ward within that division shall take place in the polling stations and with the presiding officers and clerks appointed for the election of the regional councillor.

(3) Section 7(5)

of this Act shall not apply to any such election, but all expenditure properly incurred by a returning officer or other officer in relation to the holding of that election shall be paid in the first instance by the council by whom the returning officer was appointed and shall be defrayed by the existing authorities concerned in such proportions as may be agreed between them or, in default of such agreement, as may be determined by the Secretary of State.

(4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Qualification for membership

3

For the purposes of section 29 of this Act, in its application to a candidate for membership of a new local authority, the new local authority areas shall be treated as having been established not less than twelve months before the day of his nomination as such a candidate.

First meetings of new councils

4

(1) The first meeting of each new council shall be held within twenty-one days immediately following the day of election.

(2) The first meeting shall be convened by a person designated—

(a) in a case where there is a committee for the area established under section 230 of this Act, by the committee; and

(b) in any other case, by the Secretary of State;

and shall be held at such place as the said person may appoint.

(3) The notice of the meeting required by paragraph 2(1)

of Schedule 7 to this Act shall, in the case of the first meeting, be published at the place where the meeting is to be held, and the summons to attend the meeting required by that paragraph shall be signed by the person designated as mentioned in sub-paragraph (2) above.

5

(1) Until the completion of the election of a chairman at the first meeting of a new council, the returning officer appointed as mentioned in paragraph 2 above, or failing him any such councillor as may be selected by the councillors meeting together, shall exercise any functions falling to be exercised by the chairman of the council, but the person so acting as chairman shall not be entitled to vote unless he is a councillor for the new area.

(2) At the first meeting of a new council the person designated as mentioned in paragraph 4(2) above shall exercise any functions falling to be exercised by the proper officer of the new council in relation to the meeting.

(3) The standing orders for the regulation of the proceedings and business of an existing authority, designated in the manner indicated in heads (a) and (b) of paragraph 4(2) above, shall apply at the first meeting of a new council.

Suspension of elections

6

(1) No election of councillors of an existing local authority shall be held after the end of 1973, except an election to fill a casual vacancy where the date of the election has been fixed in accordance with section 59(3) of the 1947 Act before the end of 1973; but, notwithstanding the provisions of any local statutory provision, after the last mentioned date any such casual vacancy may be filled in accordance with section 59(1) of that Act by the authority themselves electing a person to fill the vacancy.

(2) Any councillor of an existing local authority holding office immediately before the end of 1973 or elected after the end of that year shall, unless he resigns his office or it otherwise becomes vacant, continue to hold office until 16th May 1975:

SCHEDULE 3

House of Commons (Redistribution of Seats) Act 1949

1

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Representation of the People Act 1949

2

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

3

(1) In section 11 (polling districts and polling places), in subsection (2)(b), the words " or, in Scotland, each electoral division " shall cease to have effect, and after subsection (2)(b) there shall be added the following paragraph—

(bb) In Scotland, each electoral area established for the purpose of local government elections which is within the constituency, and that part within the constituency of any such area which is partly within the constituency and partly within another constituency, shall, in the absence of special circumstances, be a separate polling district or districts ; "

(2) In subsection (4) of section 11, in the definition of "interested authority ", for the words " any county, town or district council " there shall be substituted the words "the council of any region, islands area or district ".

4

In section 22 (polling districts and polling stations at local government elections), after subsection (1) there shall be inserted the following subsection—

(1A) In Scotland, for elections of regional or islands councillors the regional or islands council may divide an electoral division into polling districts and may alter any polling district, and for elections of district councillors the district council may divide a ward into polling districts and may alter any polling district; but in the absence of special circumstances the said polling districts shall be those which were last designated for the purpose of parliamentary elections under section 11 of this Act.

5

In section 40(2) (person responsible for making out corrupt and illegal practices list), the words from " in England" to " in Scotland " shall cease to have effect.

6

(1) In section 41(2) (deputy registration officers), the words " Except in Scotland " shall cease to have effect, and after the words " Secretary of State " there shall be inserted the words " or in Scotland by the council which appointed the registration officer ".

(2) In section 41, after subsection (5) there shall be inserted the following subsection:—

(5A) In Scotland, the council of a region or islands area may assign officers to assist the registration officer in carrying out any of his duties in relation to the registration of electors upon such terms as may be agreed between the council and the person carrying out the duties.

7

In section 43 (payment of expenses of registration) in subsection (1) the words from " and there shall be paid" onwards, and subsection (8) shall cease to have effect.

8

In section 52(2) (offences in connection with nomination papers) in paragraph (a) the words "or, in the case of an election of town councillors, to the town clerk " shall cease to have effect, and in paragraph (b) for the words from "proposer" to "therein" there shall be substituted the words " in any other capacity certifies the truth of any statement contained therein, knowing such statement ".

9

In section 55(6) (meaning of " appropriate officer " in Part II), in paragraph (b) the words " in England and Wales " and paragraph (c) shall cease to have effect.

10

In section 83(1)(b) (use of schools and rooms for local election meetings) for the words " a district council" there shall be substituted the words " the council of an islands area or district " , and in section 83(4) the word " district" shall cease to have effect.

11

In section 86(4) (officials not to act for candidates) the words "town clerk or town clerk depute" (where they first occur) shall cease to have effect, and for the words from " county " onwards there shall be substituted the words " sheriff court district for which he is sheriff clerk ".

12

In section 113(3) (person to whom petition questioning local election is presented), for paragraph (b) there shall be substituted the following paragraph—

(b) in Scotland, to the sheriff principal of the sheriffdom in which the election took place or, where the election was in respect of a local authority whose area is situated within more than one sheriffdom, to the sheriffs principal of the sheriffdoms in which the area of the authority is situated.

13

In section 117 (constitution of election court, etc.):—

(a) in subsection (1), for the words after " tried " there shall be substituted the following words—

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Local Government (Scotland) Act 1973

Offices, shops and railway premises

156

The Shops Act 1950

157

Food and drugs

158

Employers liability

159

Employment of young persons

160

Social work

161

Physical training and recreation

162

Public libraries, museums and art galleries

163

Civic restaurants

164

Spray irrigation

165

Registration of births, deaths and marriages

166

Authorised registrars

167

Census

168

Burial grounds, churchyards etc.

169

War memorials

170

Miscellaneous functions, etc.

171

Part IX — Planning

Planning authorities and plans

Planning authorities

172

Regional reports

173

Structure plans

174

Amendment of provisions relating to approval of structure and local plans by Secretary of State

175

Local plans

176

Reserve powers of regional planning authorities regarding local plans

177

The countryside

178

Development control

Reference of applications to regional planning authority

179

Appeals against planning decisions

180

Powers of regional planning authorities regarding orders under section 42 or 49 of Act of 1972

181

Miscellaneous

Miscellaneous planning functions

182

Directions relating to specialist advice

183

Amendment of enactments relating to planning etc.

184

Part X — Licensing, etc.

Licensing Courts and Courts of Appeal

Licensing courts and courts of appeal

185

Transitional and minor and consequential amendments of Licensing (Scotland) Acts

186

Betting, Gaming and Lotteries

Authorities for purposes of betting, gaming and lotteries, etc.

187

Miscellaneous licensing, registration and related matters

Miscellaneous licensing, registration and related matters

188

Part XI — General Provisions as to Local Authorities

Legal Proceedings, Notices, etc.

Legal proceedings

189

Service of legal proceedings, notices, etc., on local authorities