Public Health (Scotland) Act 1897

38Appeal against resolution of district committee as to formation of special scavenging, &c. districts.

With respect to the formation of special districts for scavenging and other purposes under section forty-four of the Local Government (Scotland) Act, 1894, the following provision shall have effect; (that is to say,)

• It shall be competent for any person interested to appeal to the sheriff against any resolution of a district committee or county council, as the case may be, under sub-section two of the recited section, and all the provisions of sub-section one of section one hundred and twenty-two of this Act in regard to an appeal to the sheriff against a resolution of a local authority shall, with the necessary modifications, apply to an appeal against a resolution of a district committee or county council as aforesaid. Provided that in cases to which sub-section three of the said section forty-four of the [57 & 58 Vict. c. 58.] Local Government (Scotland) Act, 1894, applies an appeal to the sheriff shall not be competent unless the resolution has been disposed of by the county council in terms of that sub-section.

Where the boundaries of any burgh are extended so as to include the whole or part of any such special district, then the town council or burgh commissioners shall, as regards the whole of such special district, supersede the district committee or county council as the case may be in the administration of the [55 & 56 Vict. c. 55.] Burgh Police (Scotland) Act, 1892, and other powers in regard to cleansing and scavenging upon such terms as shall be agreed between the town council or burgh commissioners and the district committee or county council, as the case may be, or, failing agreement, upon such terms as shall be fixed by the sheriff, whose decision shall be final.