User:Lozleader/scot phs/alteration orders

Section 51 of LG(S)A 1889, Section 46 of LG(S)A 1894

1889 c.50

51 On the representation of a county council or of a town council the Secretary for Scotland may at any time after the expiry of the powers of the Boundary Commissioners by order provide for all or any of the following things:—

(a .) For altering the number of county councillors, the number, contents, and boundaries of electoral divisions, and the assignment of county councillors to counties and burghs;

(b .) For altering the boundaries of the county;

(c .) For altering the boundaries of any burgh or of any parish situate or partly situate in the county;

(d .) For uniting several parishes or parts of parishes into one parish, or annexing one or more of such parish or parishes or parts of parishes to a larger parish; and any parish so formed by a union of parishes or parts of parishes, or enlarged by annexation, shall for all purposes be deemed to be one parish;

(e .) For dividing any parish in the county which by reason of its inconvenient extent, or by reason of its forming part of, or having within its boundaries, or lying partly within or partly without a burgh, or a police burgh, it seems expedient to divide, and for uniting all or any of such sub-divisions of the parish with other parishes;

(f .) For the proper adjustment and distribution of the powers, property, liabilities, debts, officers, and servants of any local authority, consequential on any consolidation, alteration of boundaries, or other act done in pursuance of this section; and

(g .) Generally for doing any matter or thing whatever, whether similar or not to those above mentioned, which may be required or be expedient for the proper carrying into effect the purposes of this Act and the settlement of local differences:

Provided as follows:—

(i.) An order under sub-section (a ) of this section shall not be made unless after the date of any previous order determining the matters therein mentioned there shall have occurred a material change of circumstances in respect of the population and annual value of the counties, burghs, or electoral divisions concerned in such order;

(ii.) If an order under this section alters the boundaries or contents of any county, burgh, or parish it shall be provisional only, and shall not have effect unless confirmed by Parliament; and

(iii.) Provision shall be made in any order under this section for preserving the rights of creditors and all persons having vested interests, and whose rights would otherwise be affected by any alteration made in pursuance of this section;

(iv.) This section shall be in addition to, and not in derogation of, any provisions in force at the passing of this Act in respect of the union, disjunction, or erection of parishes.

1894 c.58 46. An order of the Secretary for Scotland, under section fifty-one of the principal Act, for altering the boundaries of any parish or for uniting several parishes or parts of parishes into one parish by the creation of a new parish or otherwise, or annexing one or more of such parishes or parts of parishes to a larger parish, or for dividing any parish or for uniting any subdivision of a parish with any other parish, shall have effect for all purposes whether county council, justice, sheriff, militia, parochial board, parish council, school board, local authority, or other, save as herein-after provided. Before making any such order, the Secretary for Scotland shall consult with the authorities concerned, and, upon the application of any one or more of such authorities, shall cause a local inquiry in terms of the principal Act to be held, and shall cause the proposed order to be published in the Edinburgh Gazette, and in such other manner as to make the same known to all persons interested, and shall consider all objections and representations respecting such order, and may, after the expiry of not less than forty days from the date of the publication of the proposed order in the Edinburgh Gazette, finally make the order and cause the same to be forthwith published in the Edinburgh Gazette, and such order shall thereafter have effect as if enacted by Parliament unless or until revoked or modified by subsequent order in terms of this section. In addition to the provisions of the principal Act any such order may be made on the representation of a parochial board or parish council, or the commissioners of a police burgh, or a school board.

An order of the Secretary for Scotland under the powers conferred by section fifty-one of the principal Act or this section may, without prejudice to the generality of the aforesaid powers, provide for all or any of the matters specified in sub-section six of section forty-nine of the principal Act.

The words ‘in the county’ occurring in sub-section (e ) of section fifty-one of the principal Act are hereby repealed, and the said section shall be read as if for the words ‘county burgh or parish,’ occurring in proviso (ii.) thereof, there were substituted the words ‘county or burgh;’ and the words ‘this Act,’ in sub-section (g ) of the said section, and in sections ninety-five and ninety-six of the principal Act, shall be construed as meaning ‘the Local Government (Scotland) Acts.’



To end 1895