Local Government (Scotland) Act 1947
| Jurisdiction | UK Non-devolved |
| Citation | 1947 c. 43 |
| Year | 1947 |
Local Government (Scotland) Act , 1947.
(10 & 11 Geo. 6.) CHAPTER 43.
An Act to consolidate with amendments the enactments relating to authorities for the purposes of local government in Scotland.
[31st July 1947]
Be it enacted by the King's most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:—
Part I.
Constitution and Elections. Local Government Areas.
1 Division into administrative areas.
(1) For the purposes of local government, Scotland shall be divided into counties, counties of cities, large burghs and small burghs, and the landward area of every county shall, save as provided in this Part of this Act, be divided into districts comprising one or more electoral divisions in accordance with a district council scheme made by the county council of the county and approved by the Secretary of State under the Local Government (Scotland) Act, 1929 , or this Act.
(2) Subject to the constitution of new authorities or any alteration of boundaries or other alteration which may take effect after the passing of this Act—
(a ) the counties shall be the counties named in Part I of the First Schedule to this Act;
(b ) the counties of cities shall be the counties of cities named in Part II of the First Schedule to this Act;
(c ) the large burghs shall be the burghs named in Part III of the First Schedule to this Act;
(d ) the small burghs shall be the burghs named in Part IV of the First Schedule to this Act; and
(e ) the districts shall be the districts existing at the passing of this Act.
(3) It is hereby declared that Orkney and Zetland are separate counties for all purposes other than the election of a member of Parliament.
(4) References in this Act to a large burgh shall be deemed to include references to a county of a city except where otherwise provided and except that references to burghs within a county shall not include references to a county of a city.
County Councils.
Constitution.
2 Establishment of county councils.
(1) For every county there shall be a county council which shall, subject to the provisions of this Act, be entrusted with the management of the administrative and financial business of the county and have all such functions as are vested in the county council by this Act or otherwise.
(2) The county council shall be a body corporate by the name of the county council with the addition of the name of the county, shall have perpetual succession and a common seal and may sue or be sued under that name.
3 Constitution of county councils.
(1) A county council shall consist of—
(a ) county councillors representing the landward area of the county who shall be elected by the local government electors for that area in accordance with the provisions of this Act, one for each of the electoral divisions; and
(b ) county councillors representing the burghs within the county who shall be elected by the town councils of the burghs as provided in this Part of this Act.
(2) The number of county councillors for each county and the number of councillors representing respectively the landward area and each of the burghs within the county shall, subject to any alteration made under this Part of this Act or Part VI of this Act, remain the same as at the commencement of this Act.
County Councillors.
4 Term of office of county councillors.
(1) Subject to the provisions of this section, the term of office of a county councillor shall be three years, and in every third year on the second Tuesday of November the whole number of councillors shall retire from office and their places shall be filled by election.
(2) Notwithstanding anything in this Act—
(a ) the county councillors representing the landward area at the commencement of this Act shall retire from office on the second Tuesday of November in the year nineteen hundred and forty-eight, notwithstanding that the last election before the commencement of this Act was held on the first Tuesday of December in the year nineteen hundred and forty-five;
(b ) a county councillor representing a burgh shall cease to be a county councillor on ceasing to be a town councillor of the burgh, so however that if he ceases to be a town councillor by reason of retirement in ordinary course he shall continue to hold office as a county councillor until the town council have elected a successor in his place;
(c ) on any electoral division of a county being wholly included within the boundaries of a burgh, the county councillor representing the electoral division shall from the date on which the inclusion takes effect cease to hold office, and, except where the Secretary of State otherwise directs, the number of councillors for the county shall be reduced accordingly;
(d ) where a part only of an electoral division of a county is so included, the county councillor for that electoral division shall continue to hold office until the Secretary of State otherwise directs.
Election of County Councillors representing Landward Area.
5 Day of election of county councillors for landwardarea.
5. The election of county councillors representing the landward area of the county shall take place on the second Tuesday of November in the year nineteen hundred and forty-eight, and subsequent elections of such councillors shall take place on the second Tuesday of November in every third year thereafter.
6 Division of landward area of county into electoraldivisions.
(1) For the purpose of electing county councillors for the landward area of a county, that area shall be divided into electoral divisions.
(2) There shall be a separate election for each electoral division.
(3) The number, contents and boundaries of the electoral divisions in each county shall, subject to any alteration under this Part of this Act or Part VI of this Act, remain the same as at the commencement of this Act.
7 Electors.
(1) The electors at an election of a county councillor for any electoral division shall be the persons entitled, by virtue of the provisions of the Representation of the People Acts, to vote at that election.
(2) No person shall vote at an election of county councillors for the landward area of a county in more than one electoral division in the county or give more than one vote in any such election.
8 Polling districts.
8. The county council may divide an electoral division in the county into polling districts, and may alter any polling district, and may abolish polling districts in an electoral division.
9 Appointment of returning officer, etc.
(1) The county council shall appoint a person to be the returning officer for the purposes of each election of county councillors for the landward area, and if the person so appointed dies, resigns or for any other reason is unable to act, the Secretary of State may appoint another person to be the returning officer at that election.
(2) The returning officer may by writing under his hand appoint one or more fit persons to be his depute or deputes for all or any of the purposes of the election, and anything required or authorised to be done by, to or before the returning officer in relation to the election may, so far as the depute is authorised to act, be done by, to or before any depute so appointed, and any reference in this Act to a returning officer shall, where a depute returning officer is acting for the returning officer under this subsection, include a reference to the depute returning officer.
10 Conduct of election of county councillors forlandward area.
(1) Subject to the provisions of this Act, an election of a county councillor for an electoral division shall be conducted in accordance with the provisions of the Second Schedule to this Act.
(2) References in the Second Schedule to this Act to county councillors shall be construed as references to county councillors for the landward area of a county.
11 Expenses of election of county councillors forlandward area.
(1) All expenses properly incurred by the returning officer or the county clerk in relation to the holding of an election of county councillors for the landward area (including expenses properly incurred by the returning officer or the county clerk in any legal proceedings arising out of the election), not exceeding such scale as...
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