Law

Local Government (Scotland) Act 1973

United Kingdom · statute

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In force since 2025-08-01, as the publisher states.

Copy read on 2026-11-08. The page it was read from

Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.

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Contents: 312 provisions
  1. Title and introductory text
  2. 1 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  3. 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  4. 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  5. 3A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  6. 4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  7. 5 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  8. 6–10 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  9. 11 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  10. 12 Boundaries Scotland
  11. 13 Proposals for changes in local government areas.
  12. 14 Duty and power to review local government areas.
  13. 15 Powers of Secretary of State in relation to reviews.
  14. 16 Wards and councillors: substantive changes in electoral arrangements
  15. 17 Boundaries Scotland's reports and implementation
  16. 17A Further reviews and reports by Boundaries Scotland
  17. 18 Procedure for reviews.
  18. 19 Local inquiries.
  19. 20 First review of electoral arrangements.
  20. 21 Delegation of Boundaries Scotland's functions
  21. 22 Restriction on promotion of private legislation for changing local government areas, etc.
  22. 23 Change of name of local government area.
  23. 24 Consequential and transitional arrangements relating to Part II.
  24. 25 Transitional agreements as to property and finance.
  25. 26 Variation and revocation of regulations under Part 2
  26. 27 Consultation with Boundaries Scotland on schemes for community councils
  27. 28 Supplementary.
  28. 29 Qualifications for nomination, election and holding office as member of local authority.
  29. 30 Re-election.
  30. 31 Disqualifications for nomination, election and holding office as member of local authority.
  31. 31A Disqualification of officers, employees etc. from remaining members of local authority
  32. 32 Proceedings for disqualification.
  33. 33 Validity of acts done by unqualified persons.
  34. 33A Declaration of acceptance of office of councillor.
  35. 34 Resignation.
  36. 35 Vacation of office by failure to attend meetings.
  37. 36 Casual vacancies.
  38. 37 Filling of casual vacancies.
  39. 37A Power of returning officer to postpone election for casual vacancy
  40. 37B Further power of returning officer to postpone election for casual vacancy where large number of unfilled vacancies
  41. 37C Power of returning officer to cancel election for casual vacancy
  42. 38 Disability of members of authorities for voting on account of interest in contracts, etc.
  43. 39 Pecuniary interests for purposes of section 38.
  44. 40 General notices and recording of disclosures for purposes of section 38.
  45. 41 Removal or exclusion of disability, etc.
  46. 42 Interpretation of sections 39 and 41.
  47. 43 Meetings and proceedings of local authorities.
  48. 44 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  49. 45 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  50. 45A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  51. 46 Travelling allowance and subsistence allowance.
  52. 47 Allowances for attending conferences and meetings.
  53. 48 Payment of expenses of official and courtesy visits, etc.
  54. 49 Provisions supplementary to sections 45 to 48.
  55. 49A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  56. 50 Regulations as to allowances.
  57. 50A Admission to meetings of local authorities.
  58. 50B Access to agenda and connected reports.
  59. 50C Inspection of minutes and other documents after meetings.
  60. 50D Inspection of background papers.
  61. 50E Application to committees and sub-committees.
  62. 50F Additional rights of access to documents for members of local authorities.
  63. 50G Local authorities to publish additional information.
  64. 50H Supplemental provisions and offences.
  65. 50J Exempt information.
  66. 50K Interpretation and application of Part IIIA.
  67. 51 Establishment and general purpose of community councils.
  68. 52 Schemes.
  69. 53 Amendment of schemes.
  70. 54 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  71. 55 Assistance to community councils.
  72. 56 Arrangements for discharge of functions by local authorities.
  73. 57 Appointment of committees.
  74. 58 Expenses of joint committees.
  75. 59 Disqualification for membership of committees and joint committees.
  76. 60 Disability for voting on account of interests in contracts, etc.
  77. 61 Membership of bodies to cease on ceasing to be member of authority.
  78. 62 Standing orders, etc.
  79. 62A Incorporation of joint committees.
  80. 62B Power of Secretary of State to establish joint boards.
  81. 62C Further provisions relating to joint boards.
  82. 63 Application of foregoing provisions of Part V to police authorities and joint police committees.
  83. 63A Sections 62A to 62C not to apply to fire authority.
  84. 64 Appointment etc. of staff.
  85. 65 Placing of staff of local authorities at disposal of other local authorities.
  86. 66 Security to be taken in relation to officers.
  87. 67 Members of local authorities not to be appointed as officers etc.
  88. 68 Disclosure by officers of interest in contracts.
  89. 69 Subsidiary powers of local authorities.
  90. 70 Acquisition of land by agreement.
  91. 71 Acquisition of land compulsorily.
  92. 72 Title to land.
  93. 73 Appropriation of land.
  94. 74 Disposal of land.
  95. 74A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  96. 75 Disposal, etc., of land forming part of the common good.
  97. 76 Special provisions as to land acquired for public recreation from heir of entail.
  98. 77 Payment of purchase or compensation money by one local authority to another.
  99. 78 Power to erect buildings, etc.
  100. 79 Provision of offices, etc.
  101. 80 Interpretation of “functions”.
  102. 81 Contracts of local authorities.
  103. 82 Power of local authority to promote or oppose private legislation.
  104. 83 Power of local authorities to incur expenditure for certain purposes not otherwise authorised.
  105. 84 Powers of local authorities with respect to emergencies or disasters.
  106. 85 Acceptance of gifts of property.
  107. 86 Insurance by local authorities against accidents to members.
  108. 87 Research and the collection of information.
  109. 88 Provision of information, etc., relating to matters affecting local government.
  110. 89 Subscriptions to local government associations.
  111. 90 Powers of local authority to carry on tourism-related activities.
  112. 90A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  113. 91 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  114. 92 Transfer of securities on alteration of area, etc.
  115. 93 General fund.
  116. 94 Capital expenses.
  117. 95 Financial administration.
  118. 96 Accounts and audit.
  119. 97 Establishment of Commission for Local Authority Accounts in Scotland.
  120. 97A Studies for improving economy etc. in services.
  121. 97B Furnishing of information and documents to Commission.
  122. 98 Expenses and accounts of Commission.
  123. 99 General duties of auditors.
  124. 100 Auditor’s right of access to documents.
  125. 101 Right of interested person to inspect and object to accounts: completion of audit.
  126. 101A Reference of social security matters to Secretary of State.
  127. 102 Reports to Commission by Controller of Audit.
  128. 103 Action by Commission on reports by Controller of Audit.
  129. 103A Publication of special reports
  130. 103B Action by Commission on receipt of special reports
  131. 103C Hearings on special reports
  132. 103D Findings of hearings
  133. 103E Action by local authorities on receipt of findings under section 103D
  134. 103F Action on finding of failure, negligence or misconduct
  135. 103G Interim reports on investigations and action thereon
  136. 103H Protection from actions of defamation
  137. 103J Appeals from Commission
  138. 104 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  139. 104A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  140. 105 Regulations as to accounts.
  141. 105A Studies of benefit administration at request of Secretary of State.
  142. 106 Application of ss. 93 to 105 to bodies other than local authorities and to officers.
  143. 107 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  144. 108–108C . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  145. 109 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  146. 110 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  147. 110A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  148. 111 Secretary of State may make regulations with respect to rates.
  149. 112 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  150. 115 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  151. 116
  152. 117 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  153. 118 Local financial returns.
  154. 119 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  155. 120 Rate support grant.
  156. 121 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  157. 122 Miscellaneous amendments of enactments relating to finance.
  158. 122A Duty of local authority to use resources efficiently.
  159. 123 Education authorities.
  160. 124 Membership of committees appointed by education authorities.
  161. 125 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  162. 126 Disqualification for membership of committees appointed by education authorities.
  163. 127 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  164. 128 Educational endowments.
  165. 129 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  166. 130 Housing.
  167. 131 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  168. 132 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  169. 133 Roads.
  170. 134 Building.
  171. 135 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  172. 135A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  173. 136 Deposit of poisonous waste.
  174. 137 Flood prevention and flood warning systems.
  175. 138 Coast protection.
  176. 139 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  177. 140 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  178. 141 Public conveniences.
  179. 142 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  180. 143 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  181. 144 †Diseases of animals, and plant health.
  182. 145 Ordnance Survey.
  183. 146 Police.
  184. 147 Fire services.
  185. 148 Water.
  186. 149 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  187. 150 Schedule 18 to continue to have effect.
  188. 151 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  189. 152 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  190. 153 Ferries.
  191. 154 Piers and Harbours.
  192. 154A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  193. 154B . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  194. 155 Factories.
  195. 156 Offices, shops and railway premises.
  196. 157 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  197. 158 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  198. 159 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  199. 160 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  200. 161 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  201. 162 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  202. 163 Public libraries, museums and art galleries.
  203. 164 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  204. 165 Spray irrigation.
  205. 166 Registration of births, deaths and marriages.
  206. 167 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  207. 168 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  208. 169 Burial grounds, churchyards etc.
  209. 170 War memorials.
  210. 170A Production and supply of heat and electricity etc. by local authorities.
  211. 170B Provisions supplementary to s. 170A.
  212. 171 Miscellaneous functions, etc.
  213. 171A Functions to include promotion of economic development.
  214. 171B Restrictions on promotion of economic development.
  215. 171C Exercise of certain powers to be subject to provisions of sections 171A and 171B.
  216. 172 Planning authorities.
  217. 173 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  218. 174 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  219. 175 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  220. 176 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  221. 177 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  222. 178 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  223. 179 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  224. 180 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  225. 181 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  226. 182 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  227. 183 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  228. 184 Amendment of enactments relating to planning etc
  229. 185 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  230. 187 Authorities for purposes of betting, gaming and lotteries, etc.
  231. 188 Part III of Schedule 24 to continue to have effect.
  232. 189 Legal proceedings.
  233. 190 Service of legal proceedings, notices, etc., on local authorities.
  234. 191 Claims in sequestrations and liquidations.
  235. 192 Service of notices, etc., by local authority.
  236. 193 Authentication of documents.
  237. 194 Execution of deeds by local authority and use of seal.
  238. 195 Public notices.
  239. 196 Misnomers, etc., not to affect validity of notices, etc.
  240. 197 Inspection and deposit of documents.
  241. 198 Photographic copies of documents.
  242. 199 Reports and returns.
  243. 200 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  244. 201 Byelaws for good rule and government.
  245. 202 Procedure, etc., for byelaws.
  246. 202A Review of byelaws.
  247. 202B Register of byelaws.
  248. 202C Revocation of byelaws by resolution.
  249. 203 Offences against byelaws.
  250. 204 Evidence of byelaws.
  251. 205 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  252. 206 Admission of honorary freemen.
  253. 207 Limitation of rights of freemen.
  254. 208 Provisions as to Sundays etc.
  255. 209 Removal or relaxation of controls affecting certain local authority functions.
  256. 210 Power to direct inquiries.
  257. 210A Recovery of expenses of local inquiry.
  258. 211 Provision for default of local authority.
  259. 212 Limitation of liability of certain owners.
  260. 213 Tweed Fisheries Commissioners.
  261. 214 Consequential and minor modifications and amendments.
  262. 215 Consequential and supplementary provisions.
  263. 216 Transfer of officers.
  264. 217 Continuity of employment in cases of voluntary transfer.
  265. 218 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  266. 222 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  267. 223 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  268. 224 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  269. 225 Local Acts and instruments.
  270. 226 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  271. 227 Abolition of Dean of Guild Court.
  272. 228 Abolition of fiars courts for counties, etc.
  273. 229 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  274. 230 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  275. 231 Application to sheriff in cases of difficulty.
  276. 232 Provisions regarding applications to court.
  277. 233 Orders, rules and regulations.
  278. 234 Expenses.
  279. 235 General provisions as to interpretation.
  280. 236 Savings.
  281. 237 Repeals.
  282. 238 Short title, commencement and extent.
  283. SCHEDULE 1
  284. SCHEDULE 2
  285. SCHEDULE 3
  286. SCHEDULE 4 Constitution and proceedings of Boundaries Scotland
  287. SCHEDULE 5
  288. SCHEDULE 6 Rules to be Observed in Considering Electoral Arrangements
  289. SCHEDULE 7 Meetings and Proceedings of Local Authorities
  290. SCHEDULE 7A Access to Information: Exempt Information
  291. SCHEDULE 8 Provisions as to the Accounts Commission for Scotland
  292. SCHEDULE 9 Amendments with respect to Finance
  293. SCHEDULE 10
  294. SCHEDULE 11
  295. SCHEDULE 12 Amendment of Enactments Relating to Housing
  296. Schedule 13
  297. Schedule 14
  298. SCHEDULE 15 Amendment of Enactments Relating to Building
  299. Schedule 16 Amendment of Enactments Relating to River Purification
  300. SCHEDULE 17 Amendment of Enactments relating to Water
  301. SCHEDULE 18 Amendment of certain Enactments Relating to Transport
  302. Schedule 19 Amendment of Enactments Relating to Piers, Harbours, Etc.
  303. SCHEDULE 20
  304. SCHEDULE 21 Amendment of Enactments Relating to Public Libraries, Museums and Art Galleries
  305. SCHEDULE 22
  306. Schedule 23 Amendment of Enactments Relating to Planning
  307. Schedule 24 Amendment of Enactments Relating to Licensing, etc.
  308. Schedule 25 Relaxation of Controls
  309. Schedule 26 Amendments of the Tweed Fisheries Act 1969
  310. SCHEDULE 27 Adaptation and Amendment of Enactments
  311. Schedule 28
  312. Schedule 29 Repeals

Proposed changes to this act

No one has proposed a change to this act yet.

312 provisions

162 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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163 Public libraries, museums and art galleries.

(1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (2) A local authority . . . shall have a duty to secure the provision of adequate library facilities for all persons resident in their area. (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (4) Schedule 21 to this Act shall have effect for making amendments to the enactments relating to public libraries, museums and art galleries.

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164 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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165 Spray irrigation.

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

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166 Registration of births, deaths and marriages.

(1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (2) Accordingly the following amendments shall be made in that Act— (a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (b) in section 6(4) (local inquiries), for the words from “subsections” to “1947” there shall be substituted the words “ subsections (2) to (8) of section 210 of the Local Government (Scotland) Act 1973 ”; (c) in section 8(5) (custody of keys), the words from “by their” to “town clerk” shall cease to have effect; (d) in section 9(2) (combination of local authorities), for the words from “section”, where last occurring, to “1947” there shall be substituted the words “ sections 56 to 58 of the Local Government (Scotland) Act 1973 ”; (e) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (f) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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167 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Propose a change

168 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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169 Burial grounds, churchyards etc.

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

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170 War memorials.

(1) The local authority for the purposes of the War Memorials (Local Authorities’ Powers) Act 1923 as extended to Scotland by section 133(3) of the Local Government Act 1948 shall be a local authority within the meaning of this Act; and the powers conferred on a local authority by section 1 of the said Act of 1923 as so extended with regard to war memorials shall apply to any war memorial outside as well as within their area. (2) In consequence of subsection (1) above the said section 133(3) shall have effect as if— (a) after the word “modifications” there were inserted the following head— (ia) in section 1, for the words “within their district” there shall be substituted the words “ whether within or outside their area ”; (b) for head (ii) there were substituted the following head— (ii) “local authority” means a regional, islands or district council.

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170A Production and supply of heat and electricity etc. by local authorities.

(1) Subject to subsections (2) and (3) of this section, a local authority may— (a) produce heat or electricity or both; (b) establish and operate such generating stations and other installations as the authority think fit for the purpose of producing heat or electricity or both; (c) buy or otherwise acquire heat; (d) use, sell or otherwise dispose of heat produced or acquired, or electricity produced, by the authority by virtue of this section; (e) without prejudice to the generality of the preceding paragraph, enter into and carry out agreements for the supply by the authority, to premises within or outside the authority’s area, of such heat as is mentioned in the preceding paragraphs and steam produced from and air and water heated by such heat. (2) Nothing in subsection (1) of this section shall be construed as exempting a local authority from the requirements of Part I of the Electricity Act 1989. (3) Except in such cases as may be prescribed, or in cases where it is produced from waste, a local authority shall not be entitled to sell electricity which is produced otherwise than in association with heat. (4) A local authority may— (a) construct, lay and maintain pipes and associated works for the purpose of conveying heat produced or acquired by the authority by virtue of this section and steam produced from and air and water heated by such heat; (b) contribute towards the cost incurred by another person in providing or maintaining pipes or associated works which are connected with pipes provided by the authority in pursuance of the preceding paragraph. (5) Parts I and II of Schedule 3 to the Water (Scotland) Act 1980 (which relate to the breaking open of roads and the laying of communication and supply pipes etc.) shall apply in relation to pipes and associated works provided or to be provided in pursuance of paragraph (a) of the preceding subsection as those Parts apply in relation to water mains and pipes but as if— (a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (b) for the reference to the special Act in paragraph 2(3) of that Schedule there were substituted a reference to this subsection; and (c) for any reference to Scottish Water there were substituted a reference to the local authority in question, whether acting alone or jointly with some other person. (6) It shall be the duty of a local authority by whom an installation for producing heat is operated in pursuance of this section in any financial year to furnish to the Secretary of State, as soon as practicable after the end of that year, such particulars relating to the installation and heat produced at the installation as are prescribed. (7) In this section “associated works” in relation to pipes, means any of the following connected with the pipes, namely, any valve, filter, stopcock, pump, meter, inspection chamber and manhole and such other works as are prescribed. (8) Nothing in this section (except the restrictions imposed by subsection (3)) shall be construed as prejudicing any power exercisable by a local authority apart from this section. (9) Regulations under subsection (3) of this section shall be subject to annulment in pursuance of a resolution of either House of Parliament.

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170B Provisions supplementary to s. 170A.

(1) A local authority who supply or propose to supply heat, hot air, hot water or steam in pursuance of the preceding section may make byelaws— (a) with respect to the works and apparatus to be provided or used by persons other than the authority in connection with the supply; (b) for preventing waste and unauthorised use of the supply and unauthorised interference with works and apparatus used by the authority or any other person in connection with the supply; (c) providing for any specified contravention of the byelaws to be an offence punishable on summary conviction with a fine of such an amount, not exceeding level 3 on the standard scale, as is specified in the byelaws. (2) Subsections (1) to (7) of section 38 of the Water (Scotland) Act 1980 (which relates to the entry of premises by authorised officers of Scottish Water. . .) shall have effect for the purpose of authorising the entry of premises by authorised officers of a local authority who provide or propose to provide such a supply as is mentioned in the preceding subsection as if for any reference to Scottish Water there were substituted a reference to the local authority and as if in subsection (1) of that section— (a) for paragraphs (aa) to (ac) there were substituted the following paragraph— (a) for the purpose of installing, examining, adjusting, removing or reading any meter used or to be used by the local authority for measuring the heat, hot air, hot water or steam supplied or to be supplied by that authority; ; (b) for the words from “this Act” onwards in paragraph (b) there were substituted the words “ byelaws in force by virtue of section 170B of the Local Government (Scotland) Act 1973 ”; and (c) for the words “this Act” in paragraphs (c) and (d) there were substituted the words “ section 170A of that Act ”. (3) Regulations may repeal or alter subsection (1) of this section or any provision of byelaws in force by virtue of that subsection and may make any modification of the preceding subsection which the Secretary of State considers is appropriate in consequence of the repeal or alteration. (4) An instrument containing regulations under subsection (3) of this section shall be subject to annulment in pursuance of a resolution of either House of Parliament. (5) Section 80 of the Health and Safety at Work etc. Act 1974 (which among other things provides that regulations under subsection (1) of that section may repeal or modify any provision to which that subsection applies if it appears to the authority making the regulations that it is expedient to do so in consequence of any provision made by or under Part I of that Act) shall have effect as if the provisions to which subsection (1) of that section applies included subsection (1) of this section and byelaws in force by virtue of subsection (1) of this section. (6) The accounts of a local authority by whom expenditure is incurred under any of the provisions of the preceding section and this section shall include a separate account of that expenditure and of any income connected with functions conferred on the authority by those provisions.

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171 Miscellaneous functions, etc.

(1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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171A Functions to include promotion of economic development.

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171B Restrictions on promotion of economic development.

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171C Exercise of certain powers to be subject to provisions of sections 171A and 171B.

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172 Planning authorities.

(1) The planning authority for the purposes of the Act of 1972 and this Part of this Act shall be— (a) in the case of regional planning functions, a general planning authority or a regional planning authority; and (b) in the case of district planning functions, a general planning authority or a district planning authority, and the district of the planning authority shall be the region, islands area or the district, as the case may be. (2) In the term “local planning authority”, wherever it occurs in any enactment or instrument made under an enactment, the word “local” shall be omitted. (3) In any enactment or instrument made under an enactment, a reference to a planning authority shall, unless otherwise provided, or unless the context otherwise requires be construed as a reference to a general planning authority and to a district planning authority. (4) In this Part of this Act— “the Act of 1972” means the Town and Country Planning (Scotland) Act 1972; “regional planning functions” are those described in Part I of Schedule 22 to this Act together with those conferred on general or regional planning authorities by this Part of this Act; “district planning functions” are those described as such in Part II of that Schedule or in this Part of this Act, together with those conferred on general or district planning authorities by this Part of this Act; “general planning authority” means the council of the Highland region, the Borders region or the Dumfries and Galloway region or of an islands area; “regional planning authority” means the council of any other region; “district planning authority” means a district council within the region of a regional planning authority.

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173 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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174 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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175 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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176 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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177 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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178 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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179 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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180 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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181 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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182 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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183 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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184 Amendment of enactments relating to planning etc

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

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185 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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

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

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188 Part III of Schedule 24 to continue to have effect.

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

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189 Legal proceedings.

(1) Where a local authority consider it expedient for the promotion or protection of the interests of the inhabitants of their area or any part thereof, they may institute, defend or appear in any legal proceedings or represent the inhabitants at any local inquiry held by or on behalf of any Minister or public body under any enactment. (2) Any member or officer of a local authority, who is authorised in that behalf by the authority, shall be entitled to institute, defend or appear in proceedings before a court of summary jurisdiction although he is not a practising solicitor.

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

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

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191 Claims in sequestrations and liquidations.

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

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192 Service of notices, etc., by local authority.

(1) Any documents to which this section applies may be served— (a) by being sent by post in a prepaid letter or delivered to or at the residence or place of business of the person to whom it is addressed: Provided that in the case of a person employed on any ship or vessel it shall be delivered to some person on board thereof and connected therewith; or (b) in the case of an incorporated company or body by being sent by post in a prepaid letter addressed to the secretary or clerk of the company or body at their registered or principal office or by delivering it to him at that office; or (c) where the notice or other document relates to premises and the owner thereof resides beyond the area of the local authority, by being sent by post in a prepaid letter or delivered to or at the place of business of his known factor or agent or the person drawing the rents of the premises; or (d) where the notice or other document relates to premises and the local authority are unable after reasonable inquiry to ascertain the address of the person upon whom it should be served, by addressing it to him— (i) by name, if his name is known; or (ii) if his name is not known, by the description of “owner” or “occupier” of the premises (naming them) to which it relates; and by delivering it to some person on the premises, or if there is no person on the premises to whom it can be delivered, by affixing it or a copy thereof to some conspicuous part of the premises. (2) Service of a copy of a document to which this section applies shall be deemed to be service of the principal document. (3) Service of any document to which this section applies may be proved by a certificate under the hand of the person who posted or delivered or affixed the same attested by one witness who was present at such posting, delivery or affixing. (4) Where any document to which this section applies relates to premises and the local authority are unable after reasonable inquiry to ascertain the name and address of the owner of the premises, then if there is no known factor, agent or person drawing the rents, such document may be addressed to the occupier or any of the occupiers of the premises, and such occupier shall in all respects take burden for the owner, so however that he shall not be liable to make payment under this section of any sum in excess of the sum which he is liable to pay in respect of rent of the premises nor shall he be required to make payment of any sum before the sum in respect of rent is due and payable, and any sum so paid by the occupier shall be deemed to be a payment to account of rent. (5) For the purpose of enabling any document to be served on the owner of any premises, the local authority may by notice in writing require the occupier of the premises to state the name and address of the owner thereof, and if the occupier refuses or wilfully neglects to do so, or wilfully mis-states the name and address of the owner, he shall, unless in the case of a refusal he shows cause to the satisfaction of the court for his refusal, be liable on summary conviction in respect of each offence to a fine not exceeding level 1 on the standard scale. (6) This section applies to any notice, order or other document which is required or authorised by an enactment (including any enactment in this Act) or any instrument made under an enactment to be served by or on behalf of a local authority, or by an officer of a local authority, not being a document to the service of which the provisions of some enactment other than this section or some instrument made under an enactment are applicable. (7) Without prejudice to subsections (1) to (6) above, a rating authority may use the method specified in subsection (8) below or that specified in subsection (9) below in order to— (a) issue a demand note under section 237 of the 1947 Act ; (b) supply information which requires to be supplied when such a demand note is issued. (8) The method specified in this subsection is to send the demand note or information by electronic communication to an address notified to the authority for the purposes of this subsection by the recipient of the demand note or information, and an electronic communication under this subsection must be— (a) capable of being accessed by the recipient; (b) legible in all other material respects; and (c) sufficiently permanent to be used for subsequent reference. (9) The method specified in this subsection is to publish the demand note or information on a website in a case where— (a) the rating authority have agreed with a person that demand notes or information will be issued or supplied to that person by this method; (b) the demand note or information falls within the terms of that agreement; and (c) the authority notify that person, in a manner agreed between them of— (i) the address of the website on which the demand note or information has been published; and (ii) the place on the website where the demand note or information may be accessed and how it may be accessed. (10) In subsection (8)(b) above, “legible in all other material respects” means that the information contained in the electronic communication shall be available to the recipient to no lesser extent than it would be if that information had been contained in a document in printed form. (11) Unless the contrary is proved— (a) a demand note issued under subsection (8) above shall be regarded for the purposes of any legal proceedings as having been issued on the second working day after the day on which the electronic communication containing it was sent; (b) a demand note issued under subsection (9) above shall be regarded for the purposes of any legal proceedings as having been issued on the second working day after the day on which notification was given under paragraph (c) of that subsection. (12) A person who has notified an address for the purposes of subsection (8) above may subsequently give notice to the rating authority of a different address for those purposes and such a notice shall take effect from the date specified in it, being a date not less than three working days after the date on which the notice is given. (13) Where a person has agreed to receive demand notes or information by a method specified in subsection (8) or (9) above, that person may at any time withdraw from that agreement by giving notice to the rating authority and such a notice shall take effect from the date specified in it, being a date not less than seven working days after the date on which the notice is given. (14) In this section— “address”, in relation to electronic communications, means any number or address used for the purposes of such communications; “electronic communication” has the meaning given by section 15(1) of the Electronic Communications Act 2000; and “working day” means a day which is not a Saturday, Sunday, Christmas Eve, a bank holiday in Scotland under the Banking and Financial Dealings Act 1971 , a day appointed for public thanksgiving or mourning or any other day which is a local or public holiday in an area in which the electronic communication is received.

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193 Authentication of documents.

(1) Any notice, order or other document which a local authority are authorised or required by or under any enactment (including any enactment in this Act) to give, make or issue may be signed on behalf of the authority by the proper officer of the authority, and may be withdrawn by a notice similarly authenticated. (2) Any document purporting to bear the signature of the proper officer of the authority shall be deemed, until the contrary is proved, to have been duly given, made or issued by the authority of the local authority. In this subsection the word “signature” includes a facsimile of a signature by whatever process reproduced. (3) Where any enactment or instrument made under an enactment makes, in relation to any document or class of documents, provision with respect to the matters dealt with by one of the two foregoing subsections, that subsection shall not apply in relation to that document or class of documents.

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194 Execution of deeds by local authority and use of seal.

(1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (1A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (1B) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (2) The seal of a council may be affixed to a deed or other document if authority to affix the seal to the deed or other document has been given at a meeting of the council, or has been given otherwise in accordance with standing orders of the council: Provided that a person entering into any transaction with any such council shall not be bound to inquire whether authority to affix the seal has been given in accordance with the provisions of this subsection, and all deeds executed by such a council if otherwise valid shall have full force and effect notwithstanding that such authority may not have been given.

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195 Public notices.

Save as otherwise expressly provided, a public notice required to be given by a local authority shall be given— (a) by displaying the notice conspicuously at or near the principal entrance to the offices of the authority; and (b) by posting the notice in some conspicuous place or places within the area of the authority or by inserting a copy of the notice in a newspaper circulating in the area of the authority; and (c) in such other manner, if any, as appears to the authority to be desirable for giving publicity to the notice.

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

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

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197 Inspection and deposit of documents.

(1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (2) In any case in which a document of any description is deposited with the proper officer of a local authority, pursuant to the standing orders of either House of Parliament or to any enactment or instrument, the proper officer shall receive and retain the document in the manner and for the purposes directed by the standing orders or enactment or instrument, and shall make such notes or endorsements on, and give such acknowledgements and receipts in respect of, the document as may be so directed. (3) Subject to any provisions to the contrary in any other enactment or instrument, a person interested in any such map, plan or other document as is mentioned in subsection (2) above, may, at all reasonable hours, inspect and make copies thereof or abstracts therefrom on payment to the person having custody thereof of a fee not exceeding 10p for every such inspection, and of a further fee not exceeding 10p for every hour during which such inspection continues after the first hour. (4) If a person having the custody of any such document— (a) obstructs any person entitled to inspect the document or to make a copy thereof or extract therefrom in inspecting the document or making a copy or extract, (b) refuses to give copies or extracts to any person entitled to obtain copies or extracts, he shall be liable on summary conviction to a fine not exceeding level 1 on the standard scale. (5) A local authority may remit any fee chargeable under this section.

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