Abbildungen der Seite
PDF
EPUB

A

BILL

ΤΟ

Amend the Burgh Police (Scotland) Acts, 1892 to A.D. 1926. 1911, the Town Councils (Scotland) Acts, 1900

to 1923, and the law relating to the administra-
tion of burghs in Scotland.

[ocr errors]

E 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 5 same, as follows:

10

PRELIMINARY.

[ocr errors]

1. This Act may be cited as the Burgh Police Short title. (Scotland) Act, 1926.

2. This Act shall apply to Scotland only.

Extent.

3. This Act shall be read and construed as one Construcwith the Burgh Police (Scotland) Act, 1892 (hereinafter tion. called the principal Act), and the Burgh Police (Scotland) Act, 1903 (hereinafter called the Act of 1903); and this Act and the Burgh Police (Scotland) Acts, 1892 to 1911, 15 may be cited together as the Burgh Police (Scotland) Acts, 1892 to 1926.

4. This Act shall come into operation on the Commencefifteenth day of May nineteen hundred and twenty-seven, ment of which date is hereinafter called the commencement of Act. 20 the Act.

A.D. 1926.

Division into parts.

5. This Act is divided into parts as follows:-
Part

I.-General.

II. Police Administration.

III.-Finance.

IV.-Offences and Penalties.

5

Definitions.

Application.

PART I.

GENERAL.

6. Expressions used in this Act shall, unless there be something in the subject or context repugnant to such construction, have the same meanings as in the principal 10 Act as amended by the Act of 1903 and in the Town Councils (Scotland) Act, 1900. The expression "Burgh "Police Acts" shall in this Act mean the Burgh Police (Scotland) Acts, 1892 to 1926, and a reference in this Act to any of the provisions of the said Acts, shall be 15 deemed to be a reference to such provision as amended by any Act, including this Act.

7. This Act shall apply

(a) From its commencement to every existing
burgh, with the exception of the burghs 20
named in Schedule II. to the principal Act, and
(b) To every burgh formed under the principal Act
after the commencement of this Act from the
date when the creation of such burgh is
recorded in the Sheriff Court books:

Provided that it shall be lawful for the town council
of any burgh named in Schedule II. of the principal Act
to adopt any of the sections of this Act in the manner
and to the effect provided by section fifteen of the
principal Act:

25

30

Provided also that where the Town Council of any burgh has adopted any section in Part II. of the Act of 1903 which is amended by this Act the amendments made in such section shall not have effect in such burgh unless and until they shall have been adopted by the Town 35 Council of such burgh in manner provided in subsection (2) of section ninety-eight of the Act of 1903.

5

19

15

20

25

30

35

40

8. Section nineteen of the Town Councils (Scotland) A.D. 1926. Act, 1900 (which section relates to the division of a burgh into wards), is hereby repealed and the following Division of burgh into wards.

section shall be substituted therefor :

"In the following cases, that is to say,

where

66

(1) The town council of any burgh not

divided into wards resolves that it is expedient that it should be so divided; "(2) The town council of any burgh resolves that it is expedient that the number or boundaries of the wards should be altered, or that the division into wards should be abolished;

66

(3) In consequence of any increase or
decrease of councillors it is necessary,
in order to conform to the provisions
of sections ten and seventeen of this
Act to alter the number or boundaries
of wards;

"(4) Any alteration of the boundary of a
burgh has taken place;

the sheriff shall, on the application of the town.
council, if he shall consider the change necessary
or expedient, and after such inquiry and advertise-
ment, including a notice in the Edinburgh Gazette,
as he shall think proper, and after hearing all
parties interested-

[merged small][merged small][merged small][ocr errors]

A.D. 1926.

Admission

[ocr errors]

(3) Determine all questions that may arise in connection with such division, redivision, apportionment, or abolition, and pronounce any order which he may find expedient for effecting the same or 5 for obviating any difficulty which may prevent the due carrying out thereof: "Provided that the sheriff in dividing a burgh into wards or in altering the number or boundaries of wards or in abolishing wards, shall have regard 10 to the number of electors and the value of the lands and heritages in the burgh and in each ward thereof, and shall not finally make such division, alteration, or abolition until the proposed division, alteration, or abolition has been advertised, and objectors 15 (if any) have been allowed an opportunity to be heard. The town council shall publish every such division, alteration, or abolition in the Edinburgh Gazette, and otherwise as they think proper and shall transmit particulars to the Registrar-General 20 for Scotland."

9. The town council may, by the authority of not of honorary less than two-thirds of the members present and voting burgesses. at any meeting specially called, the notice of which meeting shall state that a motion to that effect is to be 25 proposed, admit to be honorary burgesses of the burgh persons of distinction and any other persons who may have rendered eminent service to the burgh, but the admission of such persons to be honorary burgesses shall not confer on such persons the right of voting in the 30 burgh in parliamentary or other elections or of sharing in the benefits of the common good or in the means or estate of the burgh or in any property held by the town council in whole or in part in trust for any charitable purpose: Provided that nothing in this section contained 35 shall alter, prejudice, or affect the existing powers possessed by any city or burgh of conferring the freedom or of making honorary burgesses of such city or burgh, or shall alter, prejudice, or affect the existing law or practice regarding the same.

In burghs 10. If under the Police (Scotland) Act, 1857, any containing burgh containing according to the census for the time being last taken a population exceeding two thousand,

more than

40

sand in

shall be comprehended in and form part of any county A.D. 1926. for the purposes of that Act, the chief magistrate of such burgh shall be an ex-officio member of the standing joint two thoucommittee when acting as the police committee of the habitants, 5 county: Provided always that there shall never be more chief magisthan two such members of any police committee, and if trate to be more than two such burghs shall be so comprehended, an ex-officio the chief magistrates of such burghs shall be members member of of the committee in rotation as shall be prescribed in police com10 regulations to be made by a Secretary of State from time to time.

mittee.

feu lease or

11. Notwithstanding anything contained in section Councillor thirteen of the Town Councils (Scotland) Act, 1900 not dis(which section relates to disqualifications for being nomi- qualified by 15 nated or elected, or for being or continuing a councillor), sale of land a person shall not be disqualified by reason only of his to or purhaving any share or interest in any feu, lease, sale, or chase from purchase of lands by or from the town council, or any town coun agreement for the same, provided that in the case of cil. 20 lands being given in feu, or on lease, or sold by the town council, such feu, lease, or sale shall have proceeded by public roup in accordance with the provisions of section ninety-eight of the said Act.

12. The powers conferred upon town councils by Promotion 25 section fifty-five of the Act of 1903 to oppose Bills or of Bills or Provisional Orders shall be extended so as to include Provisional power to promote such Bills or Provisional Orders.

Orders.

Act.

13. In section three hundred and sixteen of the Amendment principal Act for the words "The commissioners" where of s. 316 of 30 they occur for the second time down to "herein provided" principal there shall be substituted the words: "And any such bye"law may be altered or repealed by a subsequent byelaw "made pursuant to the provisions of this Act: Provided that no byelaw made under this Act shall be repugnant to the provisions of this Act or to the law of Scotland. All byelaws made under this Act shall "be reduced into writing and be signed at a meeting of the town council by the provost or other magistrate or councillor presiding either with or without the common seal being adhibited."

35"

[ocr errors]
[ocr errors]

40"

14. Byelaws made under the authority of the ConfirmaBurgh Police (Scotland) Acts, 1892 to 1926, except such tion of

[ocr errors][ocr errors][ocr errors][ocr errors][merged small]
« ZurückWeiter »