User:Owain/Scottish Counties

The phrase "administrative county" as used in the Local Government Act 1888 was not used in the Local Government (Scotland) Act 1889. However the act does define a different set of boundaries which are referred to in the local government context as "counties". There are also parliamentary counties (which are specifically not amended by the Act) and registration counties. Only the local government counties were abolished by the Local Government (Scotland) Act 1973.

Remember: "Expressio unius est exclusio alterius": if the issue to be decided addresses an item not specifically named in the statute, it must be assumed the statute does not apply.

Local Government (Scotland) Act, 1889
Long title: "An Act to amend the Laws relating to Local Government in Scotland".


 * This long title has no mention of "connected purposes", which limits the Act's scope to that of local government.

Section 95. Nothing in this Act, nor anything done in pursuance of this Act, shall alter the limits of any parliamentary county or burgh or division...


 * i.e. there are different sets of county boundaries, and those mentioned in this Act are local government boundaries.

Section 105. In this Act, if not inconsistent with the context, the following terms have the meanings herein-after respectively assigned to them; that is to say--


 * The expression "county" means a county exclusive of any burgh wholly or partly situate therein, and does not include a county of a city.
 * The expression "burgh" means any royal or parliamentary burgh.


 * i.e. "county" can mean different things in different contexts, and in the context of local government excludes the areas of such burghs and cities. Therefore the local government county is a different area to that of the county itself.

Local Government (Scotland) Act, 1947
Section 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


 * No abolition of existing counties, just a new set of administrative areas.

Section 145. Save as otherwise expressly provided, nothing in the provisions of this Part of this Act relating to alteration of areas shall affect, nor shall anything done thereunder affect--

(a) the limits of any parliamentary county or parliamentary borough or any division of any such county or borough


 * Again, another saving for other non-local government counties.

Local Government (Scotland) Act, 1973
Section 1. For the administration of local government on and after 16th May 1975, Scotland shall have local government areas in accordance with the provisions of this section.


 * i.e. This section abolishes old local government areas and creates new ones.
 * No more, no less.

Subsection (5) On 16th May 1975, all local government areas existing immediately before that date, that is to say, all counties, counties of cities, large burghs, small burghs and districts, shall cease to exist, and the council of every such area shall also cease to exist.


 * i.e. the local government county and its associated council are abolished. This is the local government county as created by the Local Government (Scotland) Act, 1947.

Ross and Cromarty
Local Government (Scotland) Act, 1973: Schedule 29 Repeals:
 * The Local Government (Scotland) Act 1889:
 * Section 39
 * From and after the passing of this Act, the counties of Ross and Cromarty shall cease to be separate counties, and shall be united for all purposes whatsoever, under the name of the county of Ross and Cromarty.