PART XIGeneral Provisions as to Local Authorities

Byelaws

201Byelaws for good rule and government

1

A local authority may make byelaws for the good rule and government of the whole or any part of the region, islands area or district, as the case may be, and for the prevention and suppression of nuisances therein.

2

The confirming authority in relation to byelaws made under this section shall be the Secretary of State.

3

Byelaws shall not be made under this section for any purpose as respects any area if provision for that purpose as respects that area is made by, or is or may be made under, any other enactment.

202Procedure, etc., for byelaws

1

The following provisions of this section shall apply to byelaws to be made by a local authority—

a

under this Act,

b

under any other enactment whenever passed, and whether local or otherwise, conferring on a local authority a power to make byelaws, or

c

under any enactment which incorporates or applies any of the following enactments—

i

section 57 of the [1889 c. 50.] Local Government (Scotland) Act 1889;

ii

sections 317 to 323 of the [1892 c. 55.] Burgh Police (Scotland) Act 1892;

iii

sections 183 to 187 of the [1897 c. 38.] Public Health (Scotland) Act 1897;

iv

sections 301 to 303 of the 1947 Act.

2

Unless the enactment under which the byelaws are made specifically provides otherwise, any such byelaws may apply only to a part of the area of a local authority, and different byelaws may apply to different parts of the area.

3

The byelaws shall be authenticated by being sealed with the common seal of the local authority and signed by the proper officer of the authority, and shall not have effect until they are confirmed by the confirming authority.

4

At least one month before application for confirmation of the byelaws is made, notice of the intention to apply for confirmation, of the place where a copy of the byelaws may be inspected and of the authority to whom objections may be notified shall be given in a newspaper circulating in the area to which the byelaws are to apply or in such other manner as the confirming authority on the application of the local authority may determine to be sufficient in the circumstances.

5

For at least one month before application for confirmation is made, a copy of the byelaws shall be deposited at the offices of the local authority by whom the byelaws are made and shall at all reasonable hours be open to public inspection without payment.

6

The local authority by whom the byelaws are made shall on application furnish to any person a copy of the byelaws or of any part thereof on payment of such sum, not exceeding 10p for every hundred words contained in the copy, as the authority may determine.

7

Any person aggrieved by any byelaws may, within one month after notice has been published in accordance with the provisions of subsection (4) above, notify in writing his objection and the ground of his objection to the confirming authority.

8

Before confirming byelaws, the confirming authority shall take into consideration any objections received by them and may, if they consider it necessary or desirable, hold a local inquiry or cause a local inquiry to be held.

9

Unless the Secretary of State shall otherwise direct, every inquiry with respect to byelaws made under any provision of this Act or of the [1892 c. 55.] Burgh Police (Scotland) Acts 1892 and [1903 c. 33.] 1903 shall be held by the sheriff.

10

The confirming authority may confirm with or without modification or refuse to confirm any byelaws submitted under this section for confirmation and may fix the date on which the byelaws are to come into operation, and if no date is so fixed the byelaws shall come into operation at the expiration of one month from the date of their confirmation.

11

The local authority shall, as soon as practicable after receiving intimation of the confirmation of the byelaws by the confirming authority, cause a notice of such confirmation, of the date on which the byelaws are to come into operation, and of the place where a copy of the byelaws as confirmed may be inspected, to be given in a newspaper circulating in the area to which the byelaws are to apply or in such other manner as the confirming authority on the application of the local authority may determine to be sufficient in the circumstances.

12

A copy of the byelaws when confirmed shall be printed and deposited at the offices of the local authority by whom the byelaws are made and shall at all reasonable hours be open to public inspection without payment, and a copy thereof shall on application be furnished to any person on payment of such sum not exceeding 20p for every copy as the authority may determine.

13

The proper officer of a district council shall send a copy of every byelaw made by the council, and confirmed, to the proper officer of the council of the region to which it applies; and the proper officer of a regional council shall send a copy of every byelaw made by that council, and confirmed, to the proper officer of the council of any district to which it applies.

14

The provisions of this section shall apply, subject to any necessary modifications, in the case of byelaws made by any authority other than a local authority under any enactment passed before the coming into force of this Act and incorporating or applying any of the enactments set out in subsection (1)(c) above.

15

In this section "the confirming authority" means the authority or person, if any, specified in the enactment (including any enactment in this Act) under which the byelaws are made, or in any enactment incorporated therein or applied thereby, as the authority or person by whom the byelaws are to be confirmed, or if no authority or person is so specified, means the Secretary of State:

Provided that, notwithstanding that a local Act specifies otherwise, the confirming authority in relation to byelaws made under any local Act shall be the Secretary of State.

203Offences against byelaws

Byelaws made by a local authority, and for which specific provision is not otherwise made, may provide that persons contravening the byelaws shall be liable on summary conviction to a fine not exceeding such sum as may be fixed by the enactment conferring the power to make the byelaws, or, if no sum is so fixed, the sum of £20, and in the case of a continuing offence a further fine not exceeding such sum as may be fixed as aforesaid, or, if no sum is so fixed, the sum of £5 for each day during which the offence continues after conviction thereof.

204Evidence of byelaws

The production of a copy of a byelaw purporting to be made by a local authority upon which is endorsed a certificate purporting to be signed by the proper officer of the authority stating—

a

that the byelaw was made by the authority ;

b

that the copy is a true copy of the byelaw ;

c

that on a specified date the byelaw was confirmed by the authority named in the certificate or, as the case may require, was sent to the Secretary of State and has not been disallowed;

d

the date, if any, fixed by the confirming authority for the coming into operation of the byelaw ;

shall be sufficient evidence of the facts stated in the certificate, and without proof of the handwriting or official position of any person purporting to sign a certificate in pursuance of this section.

Miscellaneous provisions

205Lieutenants

1

Her Majesty shall appoint for each region such number of lord-lieutenants as she thinks fit, shall appoint a lord-lieutenant for each islands area and may appoint lieutenants for each region and islands area.

2

The Lord Provost of the cities of Aberdeen, Dundee, Edinburgh and Glasgow shall by virtue of his office be lord-lieutenant for the district of the city concerned and Her Majesty may appoint lieutenants for each such district.

3

Lord-lieutenants and lieutenants appointed for a region under subsection (1) above shall discharge their functions in such parts of the region as may be determined by Order in Council made by Her Majesty.

4

Any reference in any enactment passed before or during the same session as this Act or any instrument made before the passing of this Act to a lieutenant of a county shall be construed as a reference to the lord-lieutenant holding office for an area by virtue of this section.

5

The persons appointed under section 32 of the [1882 c. 49.] Militia Act 1882 to act for the lord-lieutenant as vice-lieutenant shall be known as vice-lord-lieutenants and the references to deputy lieutenants in section 30(4) of that Act (displacement of deputy lieutenants) shall include references to vice-lord-lieutenants.

6

The persons who may be appointed under section 31 of the said Act of 1882 to act as lord-lieutenant of an area or who may be appointed a vice-lord-lieutenant of an area under section 32 of that Act shall include a lieutenant for the area appointed under this section.

7

Her Majesty may by Order in Council provide that any lieutenant holding office immediately before 16th May 1975 shall continue to hold office on and after that date as lord-lieutenant for such part of a region as may be specified in the Order or for an islands area.

8

Any deputy lieutenant holding office immediately before that date shall continue to hold office on and after that date as deputy lieutenant of the part of the region, islands area or district of the city in which he resides or of such other area as may be specified in an order made by the Secretary of State.

9

Where an Order in Council is made in pursuance of subsection (3) above, any deputy lieutenant holding office immediately before the date on which the Order in Council is made shall continue to hold office on and after that date as deputy lieutenant of the part of the region in which he resides or of such other part as may be specified in the Order in Council.

10

Subsections (7) to (9) above shall not prejudice any power of removal or of directing removal from any office.

11

In this section " region " does not include the districts of the cities of Aberdeen, Dundee, Edinburgh and Glasgow.

206Admission of honorary freemen

1

An islands or district council may, by resolution passed by not less than two-thirds of the members voting thereon at a meeting of the council the notice of which specifies the proposed admission as an item of business, admit to be honorary freemen of the islands area or district persons of distinction and any persons who have rendered eminent service to the islands area or district.

2

An officer designated for the purpose by the islands or district council shall keep a roll containing the names of persons admitted to be freemen under this section.

207Limitation of rights of freemen

Nothing in this Part of this Act shall—

a

confer any right of membership or any right or interest in the properties, funds, revenues or privileges of any guild or incorporation of crafts; or

b

confer any right or interest in any burgess acres or any grazing rights connected therewith, or affect the law or practice existing at the commencement of this Act with reference to the use, enjoyment and administration of any such burgess acres or grazing rights.

208Provisions as to Sundays, etc.

1

Where the day or the last day on which anything is required or permitted by or in pursuance of this Act to be done is a Sunday, Christmas Day, New Year's Day, Good Friday, bank holiday, or a public holiday, or a day appointed for public thanksgiving or mourning, the requirement or permission shall be deemed to relate to the first day thereafter which is not one of the days before mentioned, but, save as aforesaid or as otherwise expressly provided in this Act, in reckoning a number of days for the purposes of this Act, the days before specified shall not be excluded.

2

Where under the foregoing provisions of this section an election is postponed, the day on which the election is held shall be treated as the day of election for all purposes of this Act relating to that election:

Provided that where a day is declared to be a bank holiday or day of public thanksgiving or mourning, nothing in this subsection shall affect the validity of any act done in relation to an election before or on the date of the declaration.