Local Government (Scotland) Act 1973

• (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,

• (c) be framed so as to have effect from a date earlier than the making of the regulations,

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

• (c) fulfils such other conditions as may be prescribed,

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

• (c) any order made under section 215 of this Act or the following provisions of this section.

• (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;

• (c) a provision of an order made on such an application which was subject to special parliamentary procedure;

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;

• (c) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (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—

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

;

• (b) in subsection (2), for the words " by the court" there shall be substituted the words " (unless imposed or made by the Court of Session in consequence of a case stated under subsection (1) above) ";

• (c) for subsection (3) there shall be substituted the following subsection—

(3) The place of trial shall be such place within the sheriffdom or sheriffdoms in which the area of the local authority is situated as the election court may determine.

;

• (d) in subsection (4), for the word " sheriffdom " there shall be substituted the words " said sheriffdom or sheriffdoms ".

14

In section 139(3) (incapacity of candidate guilty of corrupt or illegal practice) for the words " a county, town or district council" there shall be substituted the words " any local authority ".

15

In section 166 (local elections in Scotland excluded from Parts II and III of Act), for the word " 1947 " there shall be substituted the word " 1973 ".

16

In section 173 (general application to Scotland):—

• (a) in subsection (2), the words from the beginning to " town councillor, and " shall cease to have effect;

• (b) subsection (3) shall cease to have effect;

• (c) in subsection (8), the definitions of " assessor ", " burgh ", " large burgh " and " small burgh ", and " elected district councillor " shall cease to have effect; in the definition of "electoral area" for the words "burgh, ward or other area " there shall be substituted the words " or ward "; in the definition of " local elections rules" for the words "local elections rules in the Third Schedule to this Act" there shall be substituted the words " rules made under section 7 of the Local Government (Scotland) Act 1973 " ; in the definition of " local government Act" for the word " 1947 " there shall be substituted the word " 1973 " ; and in the definition of " local government area " for the words " county, burgh" there shall be substituted the words " region, islands area ".

17

In Schedule 2, in rule 11 of the Parliamentary Elections Rules (place for delivery of nomination papers), at the beginning of sub-paragraph (2) there shall be inserted the words " Except in Scotland, " and at the end there shall be added the following sub-paragraph :—

(3) In Scotland the place shall be in— (a) the constituency, or (b) the district or (if more than one) any of the districts in which the constituency is situated, or (c) any district adjoining the district or districts (as the case may be) in which the constituency is situated.

18

In Schedule 7, in paragraph 6(b) (duty to keep lists of meeting rooms, etc.) for the words from " town clerk " to " burgh or county " there shall be substituted the words " proper officer of the council of every islands area and district to prepare and keep for each constituency wholly situated in the area of the council ".

House of Commons (Redistribution of Seats) Act 1958

19

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

Representation of the People Act 1969

20

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

21

• (1) In section 13(1) (countermand or abandonment of poll on death of candidate), in paragraph (b), after the date " 1949 " there shall be inserted the words " or, in Scotland, of section 9 of the Local Government (Scotland) Act 1973, ".

• (2) In section 13(3) (application of Schedules 2 and 3 to the Act of 1949 to documents relating to an abandoned poll), for the words " Schedules 2 and 3 " there shall be substituted the words " Schedule 2 " ; section 13(4) shall cease to have effect; and in section 13(5) the words " and rule 18 of those in Schedule 3 " shall cease to have effect.

22

In section 14 (miscellaneous amendments of elections rules), for the words " Schedules 2 and 3 " there shall be substituted the words " Schedule 2 " ; and the words " and the local elections rules " shall cease to have effect.

23

In Schedule 2 (consequential, etc. amendments of Act of 1949), in paragraph 25, sub-paragraph (1) shall cease to have effect, in sub-paragraph (2) the words "and rule 24 of the local elections rules in Schedule 3 " shall cease to have effect, and in head (b) for the words " each of those rules " there shall be substituted the words " that rule ".

SCHEDULE 4

1

• (1) Boundaries Scotland shall be a body corporate consisting of a chairman, a deputy chairman and not more than four other members.

• (2) The members of Boundaries Scotland shall be appointed by the Secretary of State and, subject to sub-paragraph (3) below, shall hold and vacate office in accordance with the terms of their respective appointments.

• (3) The Secretary of State may remove a person from membership of Boundaries Scotland if he is satisfied that that person—

• (a) has had his estate sequestrated or has made a trust deed for behoof of his creditors or a composition contract;

• (b) is incapacitated by physical or mental illness;

• (c) has been absent from meetings of Boundaries Scotland for a period longer than six consecutive months otherwise than for a reason approved by the Secretary of State; or

• (d) is otherwise unable or unfit to discharge the function of a member.

• (4) The common seal of Boundaries Scotland shall be authenticated by the signature of a member of Boundaries Scotland or of some other person authorised in that behalf by Boundaries Scotland.

2

• (1) There shall be paid to each member of Boundaries Scotland such salary or fees and allowances as may from time to time be determined by the Secretary of State . . ..

• (2) Boundaries Scotland may pay such pension, allowance or gratuity to or in respect of any member of Boundaries Scotland on his retirement or death, or make such payments towards the provision of such pension, allowance or gratuity, as the Secretary of State may, . . . determine.

• (3) If a person ceases to be a member of Boundaries Scotland, and it appears to the Secretary of State that there are special circumstances which make it right that that person should receive compensation, the Secretary of State may, . . . require Boundaries Scotland to pay to that person a sum of such amount as the Secretary of State may . . . determine.

3

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

4

• (1) The Secretary of State may appoint, to assist and advise Boundaries Scotland in the exercise of its functions, such persons as he thinks fit, being persons having expert knowledge likely to be of value to Boundaries Scotland.

• (2) There shall be paid to persons appointed under this paragraph such fees and allowances as may from time to time be determined by the Secretary of State with the consent of the Treasury.

5

At any meeting of Boundaries Scotland three shall be the quorum.

6

All acts done at a meeting of Boundaries Scotland shall, notwithstanding that it is afterwards discovered that there was a defect in the appointment of a person purporting to be a member of Boundaries Scotland, be as valid as if the defect had not existed.

7

Subject to the preceding provisions of this Schedule and to the provisions of, and of any directions given under, Part II of this Act, the procedure of Boundaries Scotland at and in connection with its meetings shall be such as it may from time to time determine.

Officers and servants, remuneration and expenses

8

• (1) The Secretary of State may appoint a secretary to Boundaries Scotland and such other officers and servants of Boundaries Scotland as he may . . . determine.

• (2) Before appointing a person to be secretary to Boundaries Scotland, the Secretary of State shall consult with Boundaries Scotland.

• (3) The terms and conditions of appointment of any person appointed under this paragraph shall be determined by the Secretary of State . . ..

• (4) Boundaries Scotland may, with the approval of the Secretary of State . . . pay to its officers and servants such remuneration, allowances and expenses as may from time to time be determined.

• (5) Boundaries Scotland may, with the approval of the Secretary of State, pay such pensions, allowances or gratuities to or in respect of any of its officers or servants on their retirement or death, or make such payments towards the provision of such pensions, allowances or gratuities, as may be determined.

9

The expenses of Boundaries Scotland including—

• (a) the salaries, fees and allowances of its members,

• (b) any payment of or towards the provision of a pension, allowance or gratuity to or in respect of a member on his retirement or death,

• (c) any payment of compensation to a person who ceases to be a member,

• (d) the remuneration and any expenses paid to an assistant commissioner, and

• (e) the remuneration and any expenses paid to the officers and servants of Boundaries Scotland, and

• (f) any payment of or towards the provision of a pension, allowance or gratuity to or in respect of any of the officers or servants of Boundaries Scotland,

together with the fees and allowances paid to persons appointed under paragraph 4 above, shall be defrayed out of moneys provided by the Scottish Ministers.

Proof of documents

10

• (1) Every document purporting to be an instrument made or issued by Boundaries Scotland and to be duly sealed with the seal of Boundaries Scotland or to be signed by the Secretary or any person authorised to act in that behalf shall be received in evidence and, unless the contrary is proved, shall be deemed to be an instrument made or issued by Boundaries Scotland.

• (2) Sufficient evidence of any such instrument may in any legal proceedings be given by the production of a document purporting to be certified by or on behalf of the secretary of Boundaries Scotland to be a true copy of the instrument.

SCHEDULE 5

1

As soon as practicable after 1st April 1996 the Boundary Commission shall—

• (a) review the electoral arrangements for all local government areas for the purpose of considering future electoral arrangements for those areas; and

• (b) formulate proposals for those arrangements.

2

The provisions of Part II of this Act shall apply to a review under paragraph 1 above as they apply to a review under section 16 of this Act except that section 17 of this Act shall have effect as if it required—

• (a) the Boundary Commission to submit a report on any review before such date as the Secretary of State may direct; and

• (b) the Secretary of State to make an order under the said section 17 giving effect to the proposals of the Commission under the said paragraph 1 (whether as submitted to him or with modifications).

SCHEDULE 6

1

• (1) This Schedule applies to the consideration by the Secretary of State or Boundaries Scotland of the electoral arrangements for election of councillors of local government areas.

• (2) Having regard to any change in the number or distribution of electors of a local government area likely to take place within the period of five years immediately following the consideration , the number calculated by dividing the number of local government electors in each electoral ward of that local government area by the number of councillors to be returned in that ward shall be, as nearly as may be, the same.

• (3) Subject to sub-paragraph (2) above, in considering the electoral arrangements referred to in sub-paragraph (1) above regard shall be had to—

• (a) the desirability of fixing boundaries which are and will remain easily identifiable;

• (b) any local ties which would be broken by the fixing of any particular boundary.

but if, in any case, there is a conflict between those criteria, greater weight shall be given to the latter.

2

The strict application of the rule stated in paragraph 1(2) . . . above may be departed from in any area where special geographical considerations appear to render a departure desirable.

SCHEDULE 7

1

• (1) A council shall hold in every year such meetings as they think necessary and in an election year shall hold a meeting within 21 days from the date of the election.

• (2) Meetings shall be held at such hours and on such days as the council at their first meeting decide or by standing order determine.

• (3) Meetings shall be held at such place, either within or without their area, as the council may direct.

• (4) A special meeting may be called at any time by the convener of the council or on the requisition of at least one-fourth of the whole number of members of the council, which meeting shall be held within 14 days of receipt of the requisition by the proper officer of the council.

2

• (1) Three clear days at least before a meeting of a council—

• (a) notice of the time and place of the intended meeting shall be published at the council’s offices and, where the meeting is called by members of the council, the notice shall be signed by those members and shall specify the business proposed to be transacted thereat; and

• (b) a summons to attend the meeting, specifying the business to be transacted thereat and signed by the proper officer of the council, shall, subject to sub-paragraph (2) below, be left at or sent . . . to the usual place of residence of every member of the council.

• (2) If a member of a council gives notice in writing to the proper officer of the council that he desires summonses to attend meetings of the council to be sent to him at some address specified in the notice other than his place of residence, any summons addressed to him and left at or sent . . . to that address shall be deemed sufficient service of the summons.

• (3) Want of service of a summons on any member of a council shall not affect the validity of a meeting of the council.

• (4) Except in the case of business required by or under this or any other Act to be transacted at a meeting of a council and any other business brought before that meeting as a matter of urgency in accordance with the council’s standing orders, no business shall be transacted at a meeting of the council other than that specified in the summons relating thereto.

3

• (1) At a meeting of a council the convener, if present, shall preside.

• (2) If the convener is absent from a meeting of the council, the depute convener shall preside.

• (3) If the convener and depute convener are absent from a meeting of the council, another member of the council chosen by the members present shall preside.

4

• (1) Subject to sub-paragraph (2)

below, no business shall be transacted at a meeting of a council unless at least one-fourth of the whole number of members of the council are present.

• (2) Where there are at the same time vacancies in the case of more than one-third of the members of a council, then until the number of members in office is increased to not less than two-thirds of the whole number of members of the council, the quorum of the council shall be determined by reference to the number of members of the council remaining instead of by reference to the whole number of members of the council, so however that the quorum shall never be less than one-eighth of the whole number of members of the council or three members, whichever is the greater number.

5

• (1) Subject to this or any other Act and to any provisions of standing orders relating to the suspension of such ordersor to the procedure for early removal from office of the convener or depute convener, all questions coming or arising before a council shall be decided by a majority of the members of the council present and voting thereon at a meeting of the council.

• (2) In the case of an equality of votes the person presiding at the meeting shall have a second or casting vote except where the matter which is the subject of the vote relates to the appointment of a member of the council to any particular office or committee, in which case the decision shall be by lot.

6

The names of the members present at a meeting of a council shall be recorded.

7

• (1) Minutes of the proceedings of a meeting of a council shall be drawn up and shall be signed at the same or next following meeting of the council by the person presiding thereat, and any minute purporting to be so signed shall be received in evidence without further proof.

• (2) Until the contrary is proved, a meeting of a council a minute of whose proceedings has been made and signed in accordance with this paragraph shall be deemed to have been duly convened and held, and all the members present at the meeting shall be deemed to have been duly qualified.

8

Subject to the provisions of this Act, a council may make standing orders for the regulation of their proceedings and business and may vary or revoke any such orders.

9

The proceedings of a council shall not be invalidated by any vacancy among their number or by any defect in the election or qualifications of any member thereof.

10

(1) Paragraphs 5 to 9 above (except paragraph 7(2)) shall apply in relation to—

• (a) a committee (including a joint committee) of a council and that committee’s members; or

• (b) a sub-committee of any such committee of a council and that sub-committee’s members.

as those paragraphs apply in relation to a council and that council’s members.

• (2) Until the contrary is proved, where a minute of any meeting of any such committee or sub-committee has been made and signed in accordance with paragraph 7 above as applied by this paragraph, the committee or sub-committee shall be deemed to have been duly constituted and to have had power to deal with the matters referred to in the minute, the meeting shall be deemed to have been duly convened and held and the members recorded under paragraph 6 above as having been present at the meeting shall be deemed to have been duly qualified.

SCHEDULE 8

1

The Accounts Commission for Scotland (hereafter in this Schedule referred to as “the Commission”) shall be a body corporate and shall have a common seal.

2

• (1) Each member of the Commission shall, subject to sub-paragraph (4)

below, hold and vacate office in accordance with the terms of his appointment.

• (2) A member of the Commission may at any time resign office as such by notice in writing given to the Secretary of State.

• (3) A person who has held office as a member of the Commission shall be eligible for reappointment.

• (4) The Secretary of State may remove a person from membership of the Commission if he is satisfied that that person—

• (a) has had his estate sequestrated or has made a trust deed for behoof of his creditors or a composition contract;

• (b) is incapacitated by physical or mental illness;

• (c) has been absent from meetings of the Commission for a period longer than six consecutive months otherwise than for a reason approved by the Secretary of State; or

• (d) is otherwise unable or unfit to discharge the function of a member.

3

• (1) The Secretary of State shall appoint one of the members of the Commission to be chairman, and another of the members of the Commission to be deputy chairman, of the Commission.

• (2) The chairman or deputy chairman of the Commission may at any time resign office as such by notice in writing given to the Secretary of State.

• (3) If the chairman or deputy chairman of the Commission ceases to be a member of the Commission he shall cease to be chairman or, as the case may be, deputy chairman of the Commission.

4

• (1) At any meeting of the Commission , including any hearing under section 103 of this Act, the quorum shall be four or such larger number as the Commission may determine.

• (2) In the case of an equality of votes at any meeting of the Commission the person acting as chairman of the meeting shall have a second or casting vote.

• (3) The proceedings of the Commission shall not be invalidated by any vacancy in their membership or by any defect in the appointment of any person as a member, or as chairman or deputy chairman, of the Commission.

• (4) Subject to the foregoing provisions of this paragraph, the Commission shall have power to regulate their own procedure.

5

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

6

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

7

The Commission shall have power generally to do such acts as may appear to them to be necessary or expedient for the proper discharge of their functions . . .

SCHEDULE 9

The Local Government (Scotland) Act 1947

1

In section 195, after the words “this Act” there shall be inserted the words “or Part VII of the Local Government (Scotland) Act 1973.”

2

In section 216—

• (a) for the words from “as early” to “July” there shall be substituted the words “by such date as may be prescribed”;

• (b) for the words from “as the authorities” to “determine” there shall be substituted the words “as may be prescribed”;