ACT OF PARLIAMENT ΤΟ Amend the Secretary for Scotland Act, 1885.-[50 and 51 Vict., cap. 52.16th September 1887.] Whereas by the Secretary for Scotland Act, 1885 [48 and 49 Vict., c. 61], certain powers and duties vested in and imposed on one of Her Majesty's Principal Secretaries of State were, so far as such powers and duties related to Scotland, transferred to, vested in, and imposed on the Secretary for Scotland appointed under the said Act, and it is expedient that, subject to the exceptions herein-after mentioned, the whole other powers and duties of the said Secretary of State, so far as such powers and duties relate to Scotland, should be transferred to, vested in, and imposed on the Secretary for Scotland: Be it therefore enacted by the Queen'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: I. Short title and construction of Act.-This Act may be cited as the Secretary for Scotland Act, 1887; and this Act and the Secretary for Scotland Act, 1885, shall be read and construed together, and may be cited as the Secretary for Scotland Acts, 1885 and 1887. II. Transference of powers and duties of Secretary of State, Treasury, and Board of Trade. -(1.) From and after the commencement of this Act all powers and duties vested in and imposed on one of Her Majesty's Principal Secretaries of State by any Act of Parliament, law, or custom, so far as such powers and duties relate to Scotland, and so far as they have not already been transferred to, vested in, and imposed on the Secretary for Scotland, shall, subject to the exceptions herein-after mentioned, be transferred to, vested in, and imposed on the Secretary for Scotland. Any report, act, or thing required or authorised by any Act of Parliament, law, or custom to be made or done to or by the said Secretary of State shall, so far as such Act of Parliament, law, or custom applies to Scotland, be made or done to or by the Secretary for Scotland. (2.) All the powers and duties vested in or imposed on the Commissioners of Her Majesty's Treasury, under the Valuation of Lands (Scot land) Act, 1854 [17 and 18 Vict., c. 91], shall be transferred to, vested in, and imposed on the Secretary for Scotland. (3.) All the powers and duties vested in or imposed upon the Board of Trade relating to Provisional Orders dealing with any of the subjects transferred to the Fishery Board, Scotland, by section eleven of the Sea Fisheries (Scotland) Amendment Act, 1885 [48 and 49 Vict., c. 701, shall be transferred to, vested in, and imposed upon the Secretary for Scotland. III. Exceptions.-Nothing in this Act shall affect the powers and duties of the said Secretary of State under or in pursuance of the Acts of Parliament herein-after mentioned or any Acts amending the same, viz. : (a.) The Factory and Workshop Act, 1878 [41 and 42 Vict., c. 16]. (b.) The Coal Mines Regulation Act, 1872 [35 and 36 Vict., c. 76]. (c.) The Metalliferous Mines Regulation Act, 1872 [35 and 36 Vict., c. 77]. (d.) The Explosives Act, 1875 [38 and 39 Vict., c. 17]. (e.) The Cruelty to Animals Act, 1876 [39 and 40 Vict., c. 77). (f.) The Reformatory and Industrial Schools Acts, 1866-1879. IV Commencement of Act.-This Act shall take effect on and after the first day of November one thousand eight hundred and eighty-seven. ACT OF PARLIAMENT ΤΟ Explain the Secretary for Scotland Act, 1887.-[52 and 53 Vict., cap. 16.] I. Nothing in the Secretary for Scotland Act, 1887, shall affect or be deemed to have affected any powers, duties, or functions of any of Her Majesty's Principal Secretaries of State as Secretary of State for the War Department. ACT OF PARLIAMENT TO Amend the Laws relating to Local Government in Scotland.-[52 and 53 Via, cap. 50.-26th August 1889.] Be it enacted by the Queen'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: Preliminary. I. Short title.-This Act may be cited as the Local Government (Scotland) Act, 1889. II. Extent of Act.-This Act shall extend to Scotland only. PART I. CONSTITUTION AND POWERS OF COUNTY Constitution of County Council. III. Establishment of county council.-A council (in this Act referred to as a county council or the council of a county) shall be established In every county, and be entrusted with the management of the administrative and financial business of that county as hereinafter provided. Councillors. IV. Composition and term of office of Council.(1.) Subject to the provisions of this Act the councillors of a county council shall be elective, and for the purpose of their election a county shall be divided into electoral divisions; and one county councillor only shall be elected for each electoral division. (2.) On each county council there shall be such number of elective councillors, and in each county there shall be such number of electoral divisions, and the contents and boundaries of the electoral divisions shall be such as may be determined in manner in this Act mentioned: Provided that every police burgh shall be an electoral division or shall be divided into two or more electoral divisions. (8.) The term of office of a councillor shall be be three years, and in every third year the whole number of councillors shall go out of office, and their places shall be filled by election. Provided that the county councillors first elected under the provisions of this Act shall continue in office only until the first Tuesday of December in the year one thousand eight hundred and ninety-two, when the whole number of councillors shall go out of office, and their places shall be filled by election as hereinafter provided. Provided always, that if any police burgh or other electoral division shall, after the passing of this Act, be annexed to or included within the boundaries of any burgh, the councillor or councillors for such police burgh or electoral division shall, from and after the date when such annexation or inclusion takes effect, cease to hold office, and the number of the councillors for the county aball he reduced accord. ingly. Provided also that if a part only of any electoral division shall be so annexed or included, the councillor or councillors for such electoral division shall continue to hold office until the Secretary for Scotland shall otherwise determine. V. Number and apportionment of councillors.The Secretary for Scotland shall determine the number of councillors to be elected to a county council, and shall apportion them between the county and each of the burghs (if any) entitled, as hereinafter provided, to be represented on the county council, and in making such determination and apportionment the Secretary for Scotland shall have regard to the population, distribution, and pursuits of the population, area, annual value as appearing on the valustion rolls, and other circumstances of the county and burghs respectively. VI. Qualification of electors.-The councillor for an electoral division shall be elected by the persons registered as hereinafter provided as county electors for that division. VII. Qualification of councillors.-A person shall not be qualified to be elected or to be a councillor for an electoral division of a county unless he is at the time of the election regis. tered as a county elector for such county. VIII. Appointment of councillors by certain burghs.-Every burgh which contains a popu. lation of less than seven thousand shall, for the purposes hereinafter mentioned, and subject to the provisions of this Act, be represented on the county council of the county within which it is situated, or with which it has the longest common boundary, in manner following, that is to say:* (1.) The county councillors to be elected for such burgh shall be elected by the town council of such burgh from among their own number, at a meeting of the town council to be held in the month of January, in the year one thousand eight hundred and ninety, and in the month of November in every subsequent year in which the election of a county council is appointed to take place. (2.) The term of office of a county councillor for a burgh shall be three years, provided that his term of office as a county councillor shall terminate when he ceases to be a town councillor, and the town council shall fill up any casual vacancy arising under this section at their first meeting after such vacancy occurs, but such appointment shall only be till the time of the next county council election. *See Section 5 (1) of Licensing (Scotland) Act, 1903, and Section 14 (4) of the Employment of Children Act, 1903. (8.) The provisions of this section shall apply | to a royal burgh which contains a popu lation of more than seven thousand, but does not return or contribute to return a member to Parliament, and to any burgh which contains a population of more than seven thousand, but does not maintain a separate police force. (4.) The expression "the Representation of the People Acts," in section three of the Representation of the People Act, 1884, is hereby declared to include the Acts regulating the registration of municipal electors. IX. Disqualifications for being councillor or member of committee.-(1.) No woman shall be eligible for election as a county councillor ; and (2.) A person shall be disqualified for being elected and for being a county councillor or member of a committee in this Act mentioned, if and while he (a.) Holds any office or place of profit under the county council or any committee in this Act mentioned; or (b.) Has directly or indirectly, by himself or his partner, any share or interest in any contract or employment with, by, or on behalf of the council or committee. But a person shall not be disqualified, or be deemed to have any share or interest in such a contract or employment, by reason only of his having any share or interest in (c.) Any lease, sale, or purchase of land, or any agreement for the same; or (d.) Any agreement for the loan of money, or any security for the payment of money only; or (c.) Any newspaper in which any advertisement relating to the affairs of the council or committee is inserted; or (f.) Any company which contracts with the council or committee for lighting or supplying with water, or insuring against fire, any property of the council or committee; or (9.) Any railway company, or any company incorporated by Act of Parliament or Royal Charter, or under the Companies Act, 1862. Convener of the County. X. Regulations as to convener and vice-convener of county.-(1.) The chairman of the county council, who shall be called the convener of the county, shall be a fit person elected by the council from among the coun cillors, and shall, by virtue of his office, be a justice of the peace for the county. (2.) The term of office of the convener of the county shall be one year. (3.) The county council may from time to time appoint a county councillor to be viceconvener, to hold office during the term of office of the convener, and, subject to any rules made from time to time by the council, anything authorised or required to be done by or to or before the convener may be done by or to or before the vice-convener. (4.) A casual vacancy in the office of convener or vice-convener of the county caused by death, resignation, or disqualification, shall, as soon as practicable, be filled up by the county council; but the person filling any such vacancy shall retain his office so long only as the vacating convener or vice-convener would have retained the same if such vacancy had not occurred. Powers of Council. XI. Transfer to county council of powers of commissioners of supply, road trustees, &c.Subject to the provisions of this Act there shall be transferred to and vested in the council of each county, on and after the appointed day, or at such times as are in this Act in that behalf respectively specified: (1.) The whole powers and duties of the com. missioners of supply, save as herein. after mentioned; (2.) The whole powers and duties of the (8.) The whole powers and duties of the local (5.) The administrative powers and duties (i.) The appointment of visitors of public, private, or district lunatic asylums; and (i.) The registration of rules of scientific societies under the Act of the session of the sixth and seventh years of the reign of Her present Majesty, chapter thirty-six. All powers and duties of the justices of the peace not transferred by this Act to the county council shall be reserved to and transacted by such justices in the same manner, so far as circumstances admit, as if this Act had not passed. The provisions of any Act of Parliament conferring, imposing, or regulating the powers and duties by this Act transferred or regulating the proceedings under any such Act shall remain in full force and effect, except in so far as they are repealed by or are inconsistent with the provisions of this Act. XII. Continuance of commissioners of supply for limited purposes specified.-(1.) Notwithstanding the transference in the immediately preceding section mentioned, all enactments in regard to the constitution, qualification, ad. mission, and making up lists of commissioners of supply shall continue in force, and all existing commissioners of supply shall continue to hold office so long as they retain their qualifications under the said enactments; but save for the purposes in this Act expressly men. tioned, every reference in any Act of Parlia ment, scheme, order, deed, or instrument to commissioners of supply, or to their convener, shall be read and construed as referring to the county council or councillors, or to the con. vener of the county elected under this Act: Provided also that the County General Assessment (Scotland) Act, 1868, shall be repealed after the words "such assessment is imposed" in the fourth section thereof to the end of section nine of the Act. (2.) For the purpose of appointing members of the standing joint committee hereinafter mentioned, and also of the Committee to be appointed to dispose of claims and objections under the provisions of the Commissioners of Supply (Scotland) Act, 1856, and any amending Act, the commissioners of supply shall meet annually in the same place and on the same day as, and either before or after, the meeting of the county council in the month of May in each year, but shall not transact any business other than the election of a convener of the Commissioners of Supply and the election of the members of the committees in this section mentioned.* (3.) If any member of a committee appointed as in this section mentioned shall die, resign, or become disqualified, the vacancy so caused may be filled up by the commissioners of supply at a meeting called by their convener on not less than ten days notice by circular addressed to each commissioner of supply. (4.) The county clerk shall without any further appointment or remuneration act as clerk of the commissioners of supply, and when so acting shall be deemed to be the clerk of supply within the meaning of the enact. ments in this section before mentioned. XIII. Transfer of police in burghs under 7000.-Where a burgh or police burgh contains a population of less than seven thousand, then on and after the appointed day all powers, duties, and liabilities of the magistrates and council or police commissioners of such burgh or police burgh (if any) in relation to the raising, management, and maintenance of a police force (hereinafter referred to as the administration of the police) shall cease, and subject to the provisions of this Act as to the existing members of the police force, the county council shall have the same powers and duties and shall have transferred to it tho same liabilities as regards the administration of police within such burgh or police burgh as they have in every other part of the county. For the purposes of section seventy-four of the Police Act, 1857. the expression "this Act," shall include the Local Government (Scotland) Act, 1889, and shall be held to apply to police burghs. Provided that this section shall not apply to the burgh of Renfrew or the police burgh of Lerwick. XIV. Transfer of administration of Contagious Diseases (Animals) and Destructive Insects Acts in burghs under 7,000.-Where a burgh contains a population of less than seven thousand, then on and after the appointed day all powers, duties, and liabilities of the magistrates and council of such burgh as the local authority under the Contagious Diseases (Animals) Acts, and the Destructive Insects Act, 1877, within the burgh shall cease, and subject to the provisions of this Act as to the existing officers of the said local authority, the county council shall have the same powers and duties and shall have transferred to it the same liabilities as regards the administration of the Contagions Diseases (Animals) Acts, and the Destructive Insects Act, 1877, or any order made thereunder, within such burgh as they have in every other part of the county. Provided that nothing in this section shall transfer to the county council any powers, duties, or liabilities under section thirty-four of the Contagious Diseases (Animals) Act, 1878, as amended by section nine of the Contagious Diseases (Animals) Act, 1886. Provided also that police constables (including the chief constable) and other officers appointed and acting under or in pursuance of the provisions of this and the immediately preceding section shall have the same powers and duties within the burghs and police burghs respectively in those sections mentioned as they have in every other part of the county. The provisions of this section in regard to the administration of the Contagious Diseases (Animals) Acts shall apply to any royal burgh which does not return or contribute to return a member to Parliament. Provided also, that if any question shall arise as to the burghs and police burghs to which the provisions of this or the immediately preceding section apply, the same may be determined by the Secretary for Scotland. XV. Transfer to county council of powers of certain Government departments and other authorities.--(1.) After the passing of this Act it shall be lawful for the Secretary for Scotland to make from time to time a provisional order for transferring to county councils(a.) Any such powers, duties, and liabilities of Her Majesty's Privy Council, the Secretary for Scotland, the Board of Trade, or the Scotch Education De partment, or any other Government department, as are conferred by or in pursuance of any statute and appear to relate to matters arising within the county, and to be of an administrative character; also (b.) Any such powers, duties, and liabilities arising within the county of any public body, corporate or unincorporate (not being the corporation of a burgh, or the trustees of a public navigation or * See Section 7 of the Customs and Inland Revenue Act, 1893. |