SCHEDULES.

Section 1.

FIRST SCHEDULE

PART ICounties.

• Aberdeen

• Angus

• Argyll

• Ayr

• Banff

• Berwick

• Bute

• Caithness

• Clackmannan

• Dumfries

• Dunbarton

• East Lothian

• Fife

• Inverness

• Kincardine

• Kinross

• Kirkcudbright

• Lanark

• Midlothian

• Moray

• Nairn

• Orkney

• Peebles

• Perth

• Renfrew

• Ross and Cromarty

• Roxburgh

• Selkirk

• Stirling

• Sutherland

• West Lothian

• Wigtown

• Zetland.

PART IICounties of Cities.

• Aberdeen

• Dundee

• Edinburgh

• Glasgow.

PART IIILarge Burghs.

• Airdrie

• Arbroath

• Ayr

• Clydebank

• Coatbridge

• Dumbarton

• Dumfries

• Dunfermline

• Falkirk

• Greenock

• Hamilton

• Inverness

• Kilmarnock

• Kirkcaldy

• Motherwell and Wishaw

• Paisley

• Perth

• Port Glasgow

• Rutherglen

• Stirling.

PART IVSmall Burghs.

• Aberchirder

• Aberfeldy

• Aberlour

• Abernethy

• Alloa

• Alva

• Alyth

• Annan

• Ardrossan

• Armadale

• Auchterarder

• Auchtermuchty

• Ballater

• Banchory

• Banff

• Barrhead

• Bathgate

• Biggar

• Blairgowrie and Rattray

• Bo'ness

• Bonnyrigg and Lasswade

• Brechin

• Bridge of Allan

• Buckhaven and Methil

• Buckie

• Burghead

• Burntisland

• Callander

• Campbeltown

• Carnoustie

• Castle Douglas

• Cockenzie and Port Seton

• Coldstream

• Coupar Angus

• Cove and Kilcreggan

• Cowdenbeath

• Crail

• Crieff

• Cromarty

• Cullen

• Culross

• Cumnock and Holmhead

• Cupar

• Dalbeattie

• Dalkeith

• Darvel

• Denny and Dunipace

• Dingwall

• Dollar

• Dornoch

• Doune

• Dufftown

• Dunbar

• Dunblane

• Dunoon

• Duns

• East Linton

• Elgin

• Elie and Earlsferry

• Ellon

• Eyemouth

• Falkland

• Findochty

• Forfar

• Forres

• Fortrose

• Fort William

• Fraserburgh

• Galashiels

• Galston

• Gatehouse

• Girvan

• Gourock

• Grangemouth

• Grantown-on-Spey

• Haddington

• Hawick

• Helensburgh

• Huntly

• Innerleithen

• Inveraray

• Inverbervie

• Invergordon

• Inverkeithing

• Inverurie

• Irvine

• Jedburgh

• Johnstone

• Keith

• Kelso

• Kilrenny, Anstruther Easter and Anstruther Wester

• Kilsyth

• Kilwinning

• Kinghorn

• Kingussie

• Kinross

• Kintore

• Kirkcudbright

• Kirkintilloch

• Kirkwall

• Kirriemuir

• Ladybank

• Lanark

• Langholm

• Largs

• Lauder

• Laurencekirk

• Lerwick

• Leslie

• Leven

• Linlithgow

• Loanhead

• Lochgelly

• Lochgilphead

• Lochmaben

• Lockerbie

• Lossiemouth and Branderburgh

• Macduff

• Markinch

• Maybole

• Melrose

• Millport

• Milngavie

• Moffat

• Monifieth

• Montrose

• Musselburgh

• Nairn

• Newburgh

• New Galloway

• Newmilns and Greenholm

• Newport

• Newton-Stewart

• North Berwick

• Oban

• Oldmeldrum

• Peebles

• Penicuik

• Peterhead

• Pitlochry

• Pittenweem

• Portknockie

• Portsoy

• Prestonpans

• Prestwick

• Queensferry

• Rosehearty

• Rothes

• Rothesay

• St. Andrews

• St. Monance

• Saltcoats

• Sanquhar

• Selkirk

• Stewarton

• Stonehaven

• Stornoway

• Stranraer

• Stromness

• Tain

• Tayport

• Thurso

• Tillicoultry

• Tobermory

• Tranent

• Troon

• Turriff

• Whitburn

• Whithorn

• Wick

• Wigtown.

Sections 10, 25 and 45.

SECOND SCHEDULE

PART IProvisions relating to the Stages of the Election of County Councillors for the Landward Area of a County or of Town Councillors preceding the Poll.

Notice of Election.

1(1)On, or within seven days before, the day appointed for that purpose by Part II of this Schedule, a notice of election shall be published as hereinafter provided.

(2)The notice of election shall—

(a)in the case of an election of county councillors, be prepared and signed by the county clerk and published by him by causing the notice or a copy thereof to be conspicuously displayed at or near the entrance to the county buildings or the premises where the meetings of the county council are ordinarily held, and also either by causing copies of the notice to be posted up throughout the landward area of the county or by inserting a copy of the notice at least once in one or more newspapers circulating in the county; and

(b)in the case of an election of town councillors, be prepared and signed by the town clerk and published by him by causing the notice or a copy thereof to be conspicuously displayed at or near the entrance to the town hall or the premises where the meetings of the town council are ordinarily held, and also either by causing copies of the notice to be posted up throughout the burgh or by inserting a copy of the notice at least once in one or more newspapers circulating in the burgh.

(3)The notice of election shall be in the appropriate form contained in Part V of this Schedule or in a form substantially to the like effect.

Nomination of Candidates.

2(1)It shall not be competent to elect to the office of county councillor or of town councillor any person unless a nomination paper in respect of him is delivered in the case of an election of a county councillor to the returning officer at the place specified in the notice of election, or in the case of an election of town councillors to the town clerk at his office, not later than the time appointed for that purpose by Part II of this Schedule.

(2)The nomination paper shall be in the appropriate form contained in Part V of this Schedule, or in a form substantially to the like effect.

(3)The nomination paper in the case of an election of a county councillor shall state—

(a)if the name of the candidate appears in the register of local government electors for any electoral division within the county or for any burgh within the county, the name and address and register number of the candidate as appearing in such of the said registers as is specified in the nomination paper;

(b)if the name of the candidate does not appear in any of the said registers, the full name of the candidate and his place of residence within the county (including any such burgh as aforesaid) and such information with respect to his place of residence during the twelve months before the date of the nomination as will show whether he has during the whole of the said twelve months resided within the county (including any such burgh as aforesaid);

(c)whether, to the best of the knowledge, information and belief of the proposers, the candidate is of full age and a British subject and not subject to any legal incapacity, and whether any of the disqualifications set forth in section fifty-two of this Act applies in his case;

and shall be subscribed by two proposers being local government electors for the electoral division to which the nomination applies.

(4)The nomination paper in the case of an election of town councillors for a burgh or in the case of a burgh divided into wards for a ward shall state—

(a)if the name of the candidate appears in the register of local government electors for the burgh, the name and address and register number of the candidate as appearing in the said register;

(b)if the name of the candidate does not appear in the said register, the full name of the candidate and his place of residence within the burgh and such information with respect to his place of residence during the twelve months before the date of his nomination as will show whether he has during the whole of the said twelve months resided within the burgh;

(c)whether, to the best of the knowledge, information and beliet of the proposers, the candidate is of full age and a British subject and not subject to any legal incapacity, and whether any of the disqualifications set forth in section fifty-two of this Act applies in his case;

and shall be subscribed by two proposers being two local government electors for the burgh or, in the case of a burgh divided into wards, for the ward to which the nomination applies, and shall also be subscribed by five other local government electors for the burgh or ward, as the case may be, as assenting to the nomination.

(5)The nomination paper shall contain a statement subscribed by the candidate or by a solicitor duly authorised by him, consenting to be nominated as a candidate and that, if elected, he accepts office as a councillor and will faithfully perform the duties of the office, and a statement whether he is of full age and a British subject and not subject to any legal incapacity, and whether any of the disqualifications set forth in section fifty-two of this Act applies in his case.

(6)It shall not be competent to nominate as a candidate at an election of town councillors a person who at the time of nomination holds the office of town councillor of the burgh unless he falls to retire at the date of the election or has delivered to the town clerk a notice of resignation to take effect at or before the date of the election.

(7)No person shall at an election of a county councillor sign more than one nomination paper in respect of the same electoral division, and if he does so his signature shall be operative only in the case of the paper which is first delivered.

(8)No person shall at an election of town councillors sign more than one nomination paper in respect of the same candidate, nor shall he sign more nomination papers than there are vacancies to be filled in the burgh or, if the burgh is divided into wards, in the ward, and if he signs nomination papers otherwise than is permitted under this sub-paragraph, his signature shall be inoperative in all but those papers, up to the permitted number, which are first delivered.

(9)Neither the returning officer nor any depute returning officer shall sign any nomination paper as proposer, assenter, candidate or solicitor for a candidate and if he does so, his signature shall be inoperative.

(10)The returning officer in the case of an election of a county councillor, and the town clerk in the case of an election of a town councillor, shall receive a nomination paper and deal with it as valid, if—

(a)the name and address of the person nominated by the nomination paper appear in the register of local government electors for any part of the county or burgh, as the case may be, or, if the name and address of the person nominated do not so appear, the place of his residence is within the county or burgh, as the case may be, and it is declared in or appears from the nomination paper that he has during the whole of the twelve months preceding the date of nomination resided within the county or burgh, as the case may be; and

(b)it appears from the declarations in the nomination paper that the person nominated is of full age and a British subject and not subject to any legal incapacity and that none of the disqualifications set forth in section fifty-two of this Act applies in his case; and

(c)the names and addresses of the proposers and (in the case of an election of a town councillor) the assenters in the nomination paper appear in the register of local government electors for the electoral division or burgh, or in the case of a burgh divided into wards for the ward, to which the nomination paper relates; and

(d)the nomination paper is in or substantially in the form and contains the particulars required by this Schedule; and

(e)the nomination is not invalid by reason of any of the provisions of sub-paragraphs (6), (7), (8) and (9) hereof,

but if the nomination paper does not comply with the foregoing provisions, the returning officer or town clerk, as the case may be, shall reject it and it shall be null and void. For the purpose of this sub-paragraph, a county shall include every burgh within the county.

Withdrawal of Nominations.

3(1)A nomination may be withdrawn by notice of withdrawal delivered to the returning officer or the town clerk, as the case may be, at the place appointed for the delivery of nomination papers not later than the time appointed for that purpose by Part II of this Schedule:

Provided that a nomination may not be withdrawn if its effect would be to reduce the total number of persons nominated for the election below the number necessary to supply the vacancies to be filled up in the electoral division, burgh or ward, as the case may be, at that election, and notices of withdrawal shall take effect in the order in which they are delivered.

(2)A notice of withdrawal shall be in the appropriate form contained in Part V of this Schedule or in a form substantially to the like effect and shall be signed by the person nominated or by a solicitor duly authorised by him and shall be attested by two witnesses.

(3)If a candidate dies after his nomination and before the latest time for delivery of nomination papers, his nomination shall be deemed to have been withdrawn, and the election shall proceed as if he had not been nominated.

Nomination in more than one Electoral Division of a County or Ward of a Burgh.

4A candidate who is validly nominated for more than one electoral division of a county or for more than one ward of a burgh shall, by notice signed, attested and delivered as aforesaid, withdraw from his candidature in all those electoral divisions or wards, as the case may be, except one, and if he does not so withdraw before the expiration of the time appointed by Part II of this Schedule for the delivery of notices of withdrawal, the returning officer shall on the expiration of the said time declare for which of those electoral divisions or wards, as the case may be, for which the candidate remains validly nominated the candidate shall stand for election, and the candidate shall be deemed to have duly withdrawn his candidature in those other electoral divisions or .wards.

Method of Election and Publication of Result of Uncontested Election.

5(1)In the case of an election of a county councillor—

(a)if two or more persons remain validly nominated for an electoral division, the county councillor for that division shall be -elected in accordance with the provisions of Part III of this Schedule from among those persons;

(b)if one person only remains validly nominated for the electoral division, the returning officer shall, not later than the day appointed for that purpose by Part II of this Schedule, cause public notice to be given that there will be no poll in that division and that on the day appointed for declaring the result of the election that person shall be declared to be elected a county councillor.

(2)In the case of the election of town councillors—

(a)if the number of persons remaining validly nominated exceeds the number of vacancies in the burgh or in the ward, the town councillors for the Burgh or for the ward, as the case may be, shall be elected in accordance with the provisions of Part III of this Schedule from among those persons;

(b)if the number of persons remaining validly nominated does not exceed the number of vacancies in the burgh or in any ward, the town clerk shall, not later than the day appointed for that purpose by Part II of this Schedule, cause public notice to be given that there will be no poll in the burgh or ward, as the case may be, and that on the day appointed for declaring the result of the election those persons shall be declared to be elected town councillors.

(3)The public notice to be given under this paragraph shall be in the appropriate form contained in Part V of this Schedule or in a form substantially to the like effect, and shall, except where in the circumstances it is not appropriate, be combined with the public notice of poll to be given under paragraph 2 of Part III of this Schedule and shall be published in like manner as the said notice of poll.

(4)If a person whose name has been included in a notice given under sub-paragraph (1) (b) or sub-paragraph (2) (b) of this paragraph dies before the declaration of election, the provisions of this Act shall apply in the case of an election of a county councillor as if no person had remained validly nominated, and in the case of an election of town councillors as if the number of persons validly nominated were less than the number of vacancies.

PART IITimes for the Proceedings at an Election of County Councillors or of Town Councillors.

PART IIIProvisions Relating to Contested Elections.

The Poll.

General Conduct of Poll.

1At every contested election of a county councillor or of town councillors the votes shall be taken by ballot, and the poll shall be conducted in accordance with the provisions of this Schedule.

Notice of Poll.

2(1)In the case of a contested election of a county councillor the returning officer, and in the case of a contested election of town councillors the town clerk, shall, on or before the day appointed for that purpose by Part II of this Schedule, give public notice of the poll, which notice shall be in the appropriate form contained in Part V of this Schedule, or in a form substantially to the like effect. The said notice shall, except where in the circumstances it is not appropriate, be combined with the notice in the case of an uncontested election under paragraph 5 of Part I of this Schedule.

(2)For the purposes of this Part of this Schedule, the first valid nomination paper delivered at the place appointed for the delivery of nomination papers in respect of a candidate shall be deemed to be the nomination paper of that candidate.

(3)A notice of poll required to be published under this paragraph shall be published at the "places at which and in the manner in which the notice of the election is required to be published under Part I of this Schedule.

Hours of Poll.

3The poll shall commence at eight o'clock in the morning and be kept open till eight o'clock in the afternoon of the same day and no longer:

Provided that if the county council or the town council, as the case may be, are satisfied that it is necessary in order to afford all electors such reasonable facilities for voting as are practicable in the circumstances, they may, by resolution passed not less than one month before the last day appointed by Part II of this Schedule for the issue of the notice of election, extend the hours for the keeping open of the poll, so however that the poll shall not commence earlier than seven o'clock in the morning and shall not be kept open later than nine o'clock in the afternoon.

Use of schools and public rooms.

4(1)The returning officer may use free of charge for the purpose of taking the poll or of counting the votes—

(a)a room in a grant-aided school; and

(b)a room the expense of maintaining which is payable by any county, town or district council:

Provided that nothing in this paragraph shall authorise the use of a room used as part of a private dwelling-house.

(2)The returning officer shall make good any damage done to, and defray any expense incurred by the authority or person having control over, any such room as aforesaid by reason of its being used for the purpose of taking the poll or of counting the votes.

(3)The use of a room in an unoccupied house for the purpose of taking the poll or of counting the votes shall not render a person liable to be rated for occupiers rates or to pay any such rates for that house.

5An election shall not be held in any premises exclusively appropriated to public religious worship.

Death of candidate after time for delivery of notice of withdrawal of nominations.

6If at or after the latest time for delivery of nomination papers and before the commencement of the poll a candidate who remains validly nominated dies, the returning officer shall, upon being satisfied of the fact of death, countermand the poll.

Provision of polling stations, ballot boxes, &c.

7In the case of an election of a county councillor or of town councillors the returning officer shall—

(a)provide a sufficient number of polling stations for the electors and allot the electors to the polling stations in such manner as he thinks most convenient, so however that it shall not be necessary that a polling station for an electoral division or a ward of a burgh or a polling district be within the division, ward or district, as the case may be;

(b)appoint a presiding officer to preside at each polling station, and such other officers (including polling clerks) as may be necessary for taking the poll and counting the votes;

(c)furnish each polling station with such number of compartments as may be necessary in which the electors can mark their votes screened from observation;

(d)furnish each presiding officer with such number of ballot boxes and ballot papers as in the opinion of the returning officer may be necessary;

(e)provide each polling station with materials to enable electors to mark the ballot papers, with instruments for stamping thereon the official mark, with copies of the register of electors for the electoral division, burgh or ward, as the case may be, or such part thereof as contains the names of the electors allotted to vote at the polling station, and with copies of forms of declarations and other documents required for the purposes of the poll;

(f)do such other acts and things as may be necessary for effectually conducting the election in manner provided by this Schedule.

8One or more polling stations may be provided in the same building or in the same room.

9A notice, in the form contained in Part V of this Schedule or in a form substantially to the like effect giving directions for the guidance of electors in voting, shall be exhibited outside every polling station, and in every compartment in the polling station.

Ballot Boxes, Ballot Papers, Official Mark.

10Every ballot box shall be so constructed that the ballot papers can be put therein but cannot be withdrawn therefrom without the box being unlocked.

11Every ballot paper shall be in the form contained in Part V of this Schedule or in a form substantially to the like effect and—

(a)shall contain tire full names and addresses or places of residence of the candidates as shown on their respective nomination papers and arranged alphabetically in the order of their surnames and (if there are two or more candidates with the same surname) of their other names;

(b)shall be capable of being folded up;

(c)shall have a number printed on the back; and

(d)shall have attached a counterfoil with the same number printed on the face.

12The official mark shall be kept secret and .an interval of not less than four years shall intervene between the use of the same official mark at elections for the same county or burgh, as the case may be.

Appointment of Polling Agents.

13(1)Each candidate may appoint one agent (in this Schedule referred to as a " polling agent ") to attend at each polling station for the purpose of detecting personation.

(2)Notice in writing of the appointment stating the names and addresses of the persons appointed shall be given by the candidate to the returning officer three days at least before the opening of the poll.

(3)If a polling agent dies or becomes incapable of acting, the candidate may appoint another polling agent in his place and shall forthwith give to the returning officer notice in writing of the name and address of the polling agent so appointed.

(4)A polling agent in respect of whom such notice as aforesaid has been given may during the hours of the poll attend at the polling station to which he has been appointed.

Admission to Polling Station.

14(1)No person shall be admitted to vote at any polling station except at the one allotted to him:

Provided that where an elector for any electoral area is employed by the returning officer for any purpose in connection with an election for that area and the circumstances of the employment are, in the opinion of the rerunning officer, such as to prevent the elector from voting at the poling station at which he would otherwise be entitled to vote, the returning officer may authorise the elector by a written authorisation to vote at any other poling station in the area, and that polling station shall be deemed to be the polling station allotted to that elector.

(2)The presiding officer shall regulate the number of electors to be admitted to the polling station at the same time, and shall exclude all other persons except the candidates, the polling agents, the officers appointed under this Schedule, the police officers on duty and any person accompanying a blind elector for the purpose of assisting him to vote.

(3)Nothing in this paragraph shall affect the provisions of the [50 & 51 Vict. c. 9.] Police Disabilities Removal Act, 1887, as applied to elections of county councillors and of town councillors by the [56 & 57 Vict. c. 6.] Police Disabilities Removal Act, 1893.

Ballot Boxes to be Sealed.

15Immediately before the commencement of the poll, the presiding officer shall show the ballot box empty to such persons, if any, as may be present in the polling station so that they may see that it is empty, and shall then lock it and place his seal upon It in such manner as to prevent it being opened without breaking the seal, and shall place it in his view for the receipt of ballot papers, and keep it so locked and sealed.

Questions to be put to Electors.

16(1)The presiding officer may, and if required by a candidate or his polling agent shall, put to any person applying for a ballot paper at the time of his application but not afterwards the following questions or either of them, that is to say:—

In the case of an election of a county councillor—

(a)Are you the person registered in the register of local government electors now in force for this electoral division as follows (read the whole entry from the register)?

(b)Have you already voted at the present election of a county councillor for this electoral division or for any other electoral division of the county?

In the case of an election of town councillors—

(a)Are you the person registered in the register of local government electors now in force for this burgh (or ward) as follows (read the whole entry from the register)?

(b)Have you already voted at the present election (adding, in the case of an election for several wards, in this or any other ward)?

(2)A ballot paper shall not be delivered to any person required to answer the above questions or either of them unless he has answered the question or questions satisfactorily.

(3)Save as by this paragraph authorised, no inquiry shall be permitted as to the right of any person to vote.

Challenge of Elector by Polling Agent.

17(1)If at the time a person applies for a ballot paper or after he has applied for a ballot paper and before he has left the polling station a polling agent declares to the presiding officer that he has reasonable cause to believe that the applicant has committed an offence of personation under this Act, it shall be lawful for the presiding officer to order a police officer to arrest the applicant, and the order of the presiding officer shall be sufficient authority for the .police officer to take the applicant into custody without a warrant.

(2)A person against whom a declaration is made under this paragraph by a polling agent shall not by reason thereof be prevented from voting, but the presiding officer shall cause the words " protested against for personation " to be placed against his name in the marked copy of the register of electors. .

Marking of Ballot Papers.

18A ballot paper shall be delivered to an elector who applies therefor, and immediately before delivery—

(a)the ballot paper shall be marked with the official mark either embossed or perforated;

(b)the number, name and address of the elector as stated in the copy of the register shall be called out;

(c)the number of the elector shall be marked on the counterfoil; and

(d)a mark shall be placed in the register against the number of the elector to denote that he has received a ballot paper, but without showing the particular ballot paper which he has received.

19The elector on receiving the ballot paper shall forthwith proceed into one of the compartments in the polling station and there secretly mark his paper and fold it up so as to conceal his vote, and shall then show to the presiding officer the back of the paper so as to disclose the official mark and put the ballot paper so folded up into the ballot box in the presence of the presiding officer. The elector shall vote without undue delay, and shall leave the polling station as soon as he has put his ballot paper into the ballot box.

20(1)The presiding officer, on the application—

(a)of an elector who is incapacitated by blindness or other physical cause from voting in manner directed by this Schedule; or

(b)if the poll is taken on a Saturday, of an elector who declares that he is a Jew and objects on religious grounds to vote in manner directed by this Schedule; or

(c)of an elector who makes a declaration that he is unable to read (in this Schedule referred to as " the declaration of inability to read ");

shall in the presence of the polling agents cause the vote of the elector to be marked on a ballot paper in manner directed by the elector and the ballot paper to be placed in the ballot box.

(2)The name and number on the register of electors of every elector whose vote is marked in pursuance of this paragraph and the reason why it is so marked shall be entered on a list (in this Schedule called " the list of votes marked by the presiding officer ").

21(1)Where an elector who is accompanied by another person makes application to the presiding officer to be allowed on the ground of blindness to vote with the assistance of the person accompanying him (in this Schedule referred to as " the companion "), the presiding officer shall require the elector to declare orally whether he. is so incapacitated by his blindness as to be unable to vote without assistance.

(2)If the presiding officer is satisfied that the elector is so incapacitated and is also satisfied by a written declaration made by the companion (in this Schedule referred to as "the declaration made by the companion of a blind elector ") that the companion is a qualified person within the meaning of this paragraph and has not previously assisted more than one blind person to vote at the election then being held, the presiding officer shall grant the application, and thereupon anything which is by this Schedule required to be done to or by the said elector in connection with the giving of his vote may be done to, or with the assistance of, the companion, as the case may be.

(3)For the purposes of this paragraph, a person shall be qualified to assist a blind elector to vote if that person is either—

(a)a person who is entitled to vote at the election then being held; or

(b)the father, mother, brother, sister, husband, wife, son or daughter of the blind elector and has attained the age of twenty-one years.

(4)The name and number on the register of electors of every elector whose vote is given in accordance with this paragraph and the name and" address of the companion shall be entered on a list (in this Schedule called "the list of blind electors assisted by companions ").

22(1)The declaration of inability to read and the declaration made by the companion of a blind elector—

(a)shall be in the appropriate form contained in Part V of this Schedule or in a form substantially to the like effect; and

(b)shall be made before the presiding officer at the time when the elector applies for a ballot paper or applies to vote with the assistance of the companion, as the case may be, and shall forthwith be handed to the presiding officer who shall attest and retain it.

(2)No fee, stamp or other payment shall be charged in respect of the declaration.

Tendered Ballot Papers.

23If a person representing himself to be a particular elector named on the register applies for a ballot paper after another person has voted as such elector, the applicant shall, upon satisfactorily answering the questions set out in paragraph 16 of this Part Of this Schedule, be entitled to mark a ballot paper in the same manner as any other elector, but the ballot paper (in this Schedule called " a tendered ballot paper ") shall be of a colour differing from the other ballot papers and instead of being put into the ballot box shall be given to the presiding officer and endorsed by him with the name of the elector and his number on the register of electors and set aside in a separate packet and shall not be counted by the returning officer; and the name of the elector and his number on the register shall be entered on a list (in this Schedule called " the tendered votes list ").

Spoilt Ballot Papers.

24An elector who has inadvertently dealt with his ballot paper in such manner that it cannot be conveniently used as a ballot paper may, on delivering it to the presiding officer and proving the fact of the inadvertence to the satisfaction of the presiding officer, obtain another ballot paper in the place of the ballot paper so delivered up (in this Schedule called " a spoilt ballot paper "), and the spoilt ballot paper shall be immediately cancelled.

Powers of Presiding Officer in adjourning Poll.

25Where the proceedings at the taking of the poll are interrupted or obstructed by any riot or open violence, the presiding officer at the polling station where the riot or open violence has occurred may adjourn the poll at that polling station until the following day or some other convenient time, and if necessary may repeat such adjournment until such interruption or obstruction has ceased, and where the poll has been so adjourned by a presiding officer, the presiding officer shall forthwith give notice of such adjournment to the returning officer who shall not finally declare the result of the election until the poll so interrupted or obstructed is closed and the various packets are delivered to the returning officer as provided in the immediately following paragraph.

Packets of Ballot Papers, &c, to be sealed.

26As soon as practicable after the close of the poll, the presiding officer shall in the presence of the polling agents make up into separate packets sealed with his own seal and the seals of such polling agents as desire to affix their seals—

(a)each ballot box in use at his polling station sealed so as to prevent the introduction of additional ballot papers and unopened, but with the key attached;

(b)the unused and spoilt ballot papers placed together;

(c)the tendered ballot papers;

(d)the marked copies of the register of electors and the counterfoils of the used ballot papers;

(e)the tendered votes list, the list of blind electors assisted by companions, the list of votes marked by the presiding officer, a statement of the number of electors whose votes are so marked by the presiding officer under the heads " physical incapacity," " Jews," and " unable to read," the declarations made by the companions of blind electors and the declarations of inability to read;

and shall deliver the packets to the returning officer to be taken charge of by him.

27The packets shall be accompanied by a statement (in this Schedule referred to as " the ballot paper account ") made by the presiding officer showing the number of ballot papers entrusted to him and accounting for them under the heads of—

(a)ballot papers in the ballot box;

(b)unused and spoilt ballot papers;

(c)tendered ballot papers. Counting of Votes

Appointment of Counting Agents.

28(1)Each candidate may appoint agents (in this Schedule referred to as "counting agents ") to attend at the counting of the votes.

(2)Notice in writing of every appointment, stating the name and address of the person appointed, shall be given by the candidate to the returning officer three days at least before the opening of the poll, and the returning officer may refuse to admit to the place where the votes are counted any counting agent whose name and address have not been so given, notwithstanding that his appointment may be otherwise valid, and any notice required to be given to a counting agent by the returning officer may be delivered at or sent by post to the address stated in the notice.

(3)If a counting agent dies or becomes incapable of acting, the candidate may appoint another counting agent in his place and shall forthwith give to the returning officer notice in writing of the name and address of the counting agent so appointed.

29The returning officer shall make arrangements for counting the votes in the presence of the counting agents as soon as practicable after the close of the poll and shall give to the agents notice in writing of the time and place at which he will begin to count the votes.

The Count.

30Except with the consent of the returning officer, no person other than the returning officer, the persons appointed to assist him and the candidates and their counting agents may be present at the counting of the votes:

Provided that a candidate may be present only if he has made the declaration of secrecy required to be made by agents.

31Before the returning officer proceeds to count the votes, he shall in the presence of the counting agents open each ballot box and, taking out the ballot papers therein, shall count and record the number thereof, checking the number against the ballot paper account, and then mix together the whole of the papers contained in the ballot boxes.

32The returning officer, while counting and recording the number of ballot papers and counting the votes, shall keep the ballot papers with their faces upwards and take all proper precautions for preventing any person from seeing the numbers printed on the back of the papers.

33The returning officer shall so far as practicable proceed continuously with counting the votes, allowing only time for refreshment; but he may if he thinks fit and without the consent of any candidate or other person decide not to proceed with the counting of the votes until nine o'clock on the succeeding morning. During the period until he proceeds with the counting the returning officer shall take proper precautions for the safe custody and security of the ballot papers and other documents.

Void Ballot Papers.

34Any ballot paper—

(a)which does not bear the official mark; or

(b)on which votes are given for more candidates than the elector is entitled to vote for; or

(c)on which anything is written or marked by which the elector can be identified except the printed number on the back; or

(d)which is unmarked or void for uncertainty;

shall not be counted.

35(1)The returning officer shall endorse the word " rejected "on any ballot paper which under the last preceding paragraph is not to be counted, and shall add to the endorsement the words " rejection objected to " if an objection is made by any candidate or counting agent to his decision.

(2)The returning officer shall draw up a statement showing the number of ballot papers rejected and not counted by him under the several heads of—

(a)want of official mark;

(b)voting for more candidates than entitled to;

(c)writing or mark by which elector could be identified;

(d)unmarked or void for uncertainty;

and shall on request allow any candidate or counting agent to copy the statement.

36The decision of the returning officer as to any question arising in respect of any ballot paper shall be final but shall be subject to review on an election petition questioning the election.

Equality of Votes.

37Where an equality of votes is found to exist and the addition of a vote would entitle any of the candidates to be declared elected, the returning officer shall determine by lot which of the candidates, whose votes are equal shall be elected.

Declaration of Result.

38(1)Subject to the provisions of paragraph 25 of this Part of this Schedule, the returning officer shall—

(a)in the case of an election of a county councillor within the county buildings or other public hall or place in the county, forthwith declare to be elected the candidate to whom the majority of votes have been given at the poll or the candidate elected without a poll in terms of paragraph 5 of Part I of this Schedule, and cause a written or printed statement thereof signed by him to be immediately thereafter conspicuously displayed at or near the entrance to the county buildings or the premises where the meetings of the county council are ordinarily held; and

(b)in the case of an election of town councillors, within the town hall or other public hall or place in the burgh not later than eight o'clock afternoon of the day after the election declare to be elected the candidates to whom the majority of votes have been given at the poll and also the candidates elected without a poll in terms of paragraph 5 of Part I of this Schedule, and cause a written or printed statement thereof signed by him to be immediately thereafter conspicuously displayed at or near the entrance to the town hall or the premises where the meetings of the town council are ordinarily held.

(2)The returning officer shall forthwith return the names of the persons elected in the case of an election of a county councillor to the county clerk, and in the case of an election of town councillors to the town clerk, and in either case the returning officer shall forthwith give or cause to be given notice in writing to the persons elected of their election.

Disposal of Ballot Papers, &c, after Poll.

39Upon the completion of the counting the returning officer shall seal up in separate packets the counted and rejected ballot papers. He shall not open the sealed packet of tendered ballot papers or the sealed packet containing the marked copy of the register of electors and counterfoils, but if required by a candidate or a counting agent shall proceed in the presence of the counting agents to verify the ballot paper account given by each presiding officer by comparing it with the number of ballot papers recorded by him under paragraph 31 of this Part of this Schedule and the unused and spoilt ballot papers in his possession and the tendered votes list, and shall re-seal each sealed packet after examination. The returning officer shall draw up a statement as to the result of any verification required and shall on request allow any counting agent to copy the statement.

40The returning officer shall forward for retention as hereinafter provided to the county clerk in the case of an election of a county councillor, or to the town clerk in the case of an election of town councillors, or where the county clerk or the town clerk is the returning officer he shall retain among the records of the county or burgh, as the case may be, all the packets of ballot papers in his possession together with the said statements, the ballot paper accounts, tendered votes lists, lists of blind electors assisted by companions, lists of votes marked by the presiding officer, statements relating thereto, declarations made by the companions of blind electors, declarations of inability to read, packets of counterfoils and marked copies of registers sent by each presiding officer, endorsing on each packet a description of its contents and the date of the election to which they relate, and the name of the electoral division, burgh or ward for which the election was held.

41(1)The sheriff (excluding a sheriff substitute) having jurisdiction in the county or burgh, as the case may be, on being satisfied by evidence on oath—

(a)that the inspection or production of any rejected ballot papers; or

(b)that the opening of the sealed packet; of counterfoils or the inspection of counted ballot papers;

is required for the purpose of instituting or maintaining a prosecution for an offence in relation to ballot papers or for the purpose of a petition questioning an election, may make an order for the inspection or production of any such ballot papers or the opening of the sealed packet of counterfoils.

(2)An order made under this paragraph may be made subject to such conditions as to persons, time, place and mode of inspection or production of ballot papers or of opening the sealed packet of counterfoils as the sheriff may think expedient, and may direct the county clerk or the town clerk, as the case may be, having custody of the ballot papers and the sealed packet of counterfoils to retain them intact for such period as may be specified in the order.

(3)Any power given to a sheriff by this paragraph may be exercised otherwise than in open court.

(4)In making and carrying into effect an order under this paragraph, care shall be taken that the way in which any particular elector has voted shall not be disclosed until it has been proved that he voted and his vote has been declared by a competent court to be invalid.

(5)An appeal shall lie to the Court of Session from any order of a sheriff made under this paragraph.

42Except by order of a sheriff or of the Court of Session made under the last preceding paragraph, no person shall be allowed to inspect any ballot papers in the custody of the county clerk or the town clerk, as the case may be, or to open the sealed packet of counterfoils.

43Where an order is made for the production by the county clerk or town clerk of any document in his possession relating to any specified election, the production by that clerk or his agent of the document ordered in such manner as may be directed by the order shall be conclusive evidence that the document so produced relates to the specified election; and any endorsement appearing on any packet of ballot papers produced by that clerk or his agent shall be prima facie evidence of those papers being what they are stated to be by the endorsement. The production from proper custody of a ballot paper purporting to have been used at any election and of a counterfoil marked with the same printed number and having a number marked thereon in writing shall be prima facie evidence that the person who voted by that ballot paper was the person who at the time of that election had affixed to his name in the register of electors at that, election the same number as the number written on that counterfoil.

44The county clerk or the town clerk, as the case may be, shall retain for six months among the records of the county or burgh all documents relating to an election forwarded to him by the returning officer in pursuance of this Schedule, and then unless otherwise directed by an order made under paragraph 41 of this Part of this Schedule shall cause them to be destroyed.

45All the documents forwarded or retained under paragraph 40 of this Part of this Schedule other than ballot papers and counterfoils shall during a period of six months from the day of election be open to public inspection at such time and in such manner as may be determined by the county council or town council with the consent of the Secretary of State, and the county clerk or town clerk shall supply copies of or extracts from the said documents to any person demanding the same on payment of such fees and subject to such conditions as may be determined by the county council or town council with the consent of the Secretary of State.

46Subject to the provisions of this Part of this Schedule, the county clerk or the town clerk shall, in respect of the custody and destruction of ballot papers and other documents coming into his possession in pursuance of this Part of this Schedule, be subject to the directions of the county council or the town council, as the case may be.

General Provisions as to Contested Elections.

47The returning officer may if he thinks fit preside at a polling station, and the provisions of this Part of this Schedule relating to a presiding officer shall apply to a returning officer so presiding with the necessary modifications as to things to be done by the returning officer to the presiding officer or by the presiding officer to the returning officer.

48No returning officer or officer appointed under this Schedule or any partner or clerk of any such officer shall act as a polling or counting agent.

49No person shall be appointed to act as an officer under this Part of this Schedule for the purposes of an election who has been employed by or on behalf of a candidate in or about the election.

50A presiding officer may by the officers appointed to assist him do any act which he is required or authorised by this Part of this Schedule to do at a polling station except ordering the arrest, exclusion or removal of any person from the polling station.

51A candidate may himself do any act or thing which an agent of his, if appointed, would have been authorised or required to do or may assist his agent in doing any such act or thing, but before acting under this paragraph the candidate shall make the declaration of secrecy required to be made by agents. Where a candidate has no agent for the purposes of any of the paragraphs of this Schedule, any notice under any such paragraph shall be given to the candidate.

52Where in this Part of this Schedule any act or thing is required or authorised to be done in the presence of the agents of the candidates, the non-attendance of any agents or agent at the time and place appointed for the purpose shall not, if the act or thing is otherwise duly done, invalidate the act or thing done.

Requirement of Secrecy.

53(1)Every returning officer and every officer, polling agent or counting, agent authorised to attend at a polling station or at the counting of the votes shall before the opening of the poll, or in the case of an officer or agent appointed after the opening of the poll before acting as such officer or agent, make a declaration of secrecy in the form contained in Part V of this Schedule or in a form substantially to the like effect.

(2)In the case of a returning officer, the declaration shall be made in the presence of a justice of the peace, and in the case of any other officer or of an agent, the declaration shall be made in the presence either of a justice of the peace or of the returning officer.

(3)Save as aforesaid, no such returning officer, officer or agent shall be required as such to make any declaration or to take any oath on the occasion of an election.

(4)Every returning officer and every candidate, officer, polling agent or counting agent in attendance at a polling station or at the counting of the votes shall maintain and aid in maintaining secrecy of the voting.

(5)No person, being a returning officer or a candidate or officer appointed under this Part of this Schedule or polling agent or counting agent, shall—

(a)except for some purpose authorised by law, communicate before the poll is closed to any person any information as to—

(i)the name or number on the register of any elector who has or has not applied for a ballot paper or voted at a polling station; or

(ii)the official mark; or

(b)ascertain or attempt to ascertain at the counting of the votes, the number on the back of any ballot paper; or

(c)communicate any information obtained at the counting of the votes as to the candidate for whom any vote is given on any particular ballot paper.

(6)No person, whether or not such an officer, candidate, polling agent or counting agent as aforesaid, shall—

(a)interfere with or attempt to interfere with an elector when recording his vote; or

(b)otherwise obtain or attempt to obtain in a polling station information as to the candidate for whom an elector in that place is about to vote or has voted; or

(c)communicate at any time to any person any information obtained in a polling station as to the candidate for whom an elector in that station is about to vote or has voted or as to the number on the back of the ballot paper given to an elector at that station; or

(d)directly or indirectly induce an elector to display his ballot paper after he, has marked it so as to make known to any person the name of the candidate for or against whom he has so marked his vote.

(7)No person having undertaken to assist a blind elector to vote shall communicate at any time to any person any information as to the candidate for whom that elector intends to vote or has voted or as to the number on the back of the ballot paper given for the use of that elector:

54Any justice of the peace, any returning officer and any presiding officer may take any declaration authorised by this Part of this Schedule to be made before him.

Keeping of Order in Polling Station.

55(1)It shall be the duty of the presiding officer to keep order at his polling station.

(2)If any person misconducts himself in a polling station or fails to obey the lawful orders of the presiding officer, he may immediately by order of the presiding officer be removed from the polling station by a police officer in or near that station or by any other person authorised in writing by the returning officer to remove him; and the person so removed shall not without the permission of the presiding officer again enter the polling station during the day.

(3)Any person so removed may, if charged with the commission in the polling station of an offence, be taken into custody by a police officer for an offence without a warrant.

(4)The powers conferred by this paragraph shall not be exercised so as to prevent an elector who is otherwise entitled to vote at a polling station from having an opportunity of voting at that station.

Supplemental Provisions.

56In computing any period of time for the purposes of sub-paragraph (2) of paragraph 13 or sub-paragraph (2) of paragraph 28 of this Part of this Schedule, a Sunday, Christmas Day, New Year's Day, Good Friday, bank holiday or day appointed for public thanksgiving or mourning shall be disregarded.

PART IVApplication of Schedule to District Council Election.

1The provisions of this Schedule (including the forms in Part V thereof) as applied to the election of county councillors shall apply to the election of district councillors subject to the provisions of this Part of this Schedule and to such other modifications and adaptations as the circumstances shall require.

2The election shall take place in the same stations, with the same returning and presiding officers and clerks as the election of county councillors.

3If there should be a contested election for district councillors but no contested election for a county councillor in any electoral division, the district council election shall be conducted in the same manner as if there were a contested election for a county councillor in such electoral division.

4The returning officer shall make and publish such other arrangements as he shall think fit for the purpose of enabling nomination papers and copies of the register of electors to be obtained and for nomination papers and notices of withdrawal to be received and dealt with at some place within, or adjoining the district, and for that purpose may by writing under his hand delegate such of his powers as he shall think necessary to the clerk of the district council or other fit person, and such person shall for that purpose be deemed to be a depute of the returning officer.

5It shall not be necessary to publish any of the notices under this Schedule elsewhere than in the district, but the returning officer may, if he thinks it expedient, publish them in any manner in which he publishes notices for the election of county councillors, and any of the said notices may relate both to the election of district councillors and to the election of county councillors.

6The returning officer shall forthwith make a return to the clerk of the district council of the persons elected as district councillors and of the persons elected as members of the county council for the electoral divisions within the district, and give or cause to be given notice in writing to the persons elected of their election.

PART VForms for Use at the Election of County Councillors or of Town Councillors.

Sections 64, 71.

THIRD SCHEDULEMeetings and Proceedings of Local Authorities.

PART I

County Councils.

1(1)A county council shall in every year hold such meetings of the council as are required for the purpose of complying with this Act or any other enactment or any statutory order and such other meetings as are considered necessary for the transaction of the general business of the council.

(2)A meeting of the council shall be held in the year of the election on Tuesday fourteen days after the day of election, or on such other day within three weeks after the day of election as the council have, prior to the election by standing order or otherwise, determined, and in other years on such day in the month of November or December as the council determine. The said meeting held in the year of election may for the purposes of this Act and of any other enactment be referred to as the first meeting of the county council after the election of county councillors.

(3)Meetings of the county council shall be held in the case of the first meeting after the election at twelve noon or at such other hour as the council have, prior to the election by standing order or otherwise determined, and in the case of other meetings at such hour and on such dates as the council may by standing order or otherwise fix, or if no hour is so fixed at twelve noon.

(4)Meetings of a county council shall be held at such place either within or without the county as the council may direct.

Convening meetings.

2Subject to any administrative scheme under this Act or to any standing orders made by a county council, the following provisions shall have effect with respect to convening meetings of the council and of committees and sub-committees thereof:—

(1)Notice of the time and place of a meeting of a county council shall be given by or on behalf of the county clerk not less than seven days before the meeting by being left at or sent by post to the usual place of residence or the place of business of every member of the council, and shall specify the business proposed to be transacted at the meeting:

Provided that want of notice to any member of the council shall not affect the validity of a meeting.

(2)The county clerk shall call a meeting of the county council at any time on being required so to do by the convener of the county or on receiving a requisition in writing for that purpose specifying the business proposed to be transacted at the meeting signed by one-fourth of the whole number of members of the council, which meeting shall be held within fourteen days of receipt of the requisition.

(3)Except in the case of business which has to be transacted at a meeting of the council required to be held by this Act or any other enactment or any statutory order, no business shall be transacted at a meeting of the council other than that specified in the notice of the meeting.

(4)The provisions of all the sub-paragraphs of this paragraph shall apply to committees and sub-committees of the council in like manner as they apply to the council, with the substitution of references to the committee or sub-committee, as the case may be, and to the chairman of the committee or subcommittee for references to the council and to the convener respectively, and the chairman of the committee or sub-committee, as the case may be, shall for the purpose of ascertaining whether a valid requisition for a meeting has been made determine whether any matter mentioned in the requisition is a matter in respect of which the county councillors representing a large burgh exercise a deliberative vote.

Emergency meeting.

3Where it appears to the convener of the county that an item of business demands special urgency, a meeting of the council shall if he so requires be called by the county clerk to be held at a time which does not permit of notice being given in accordance with sub-paragraph (i) of the last preceding paragraph, or the standing orders, but any resolution passed at such a meeting shall not be valid and binding on the council unless a majority of the whole members of the council are present at the meeting or the resolution is confirmed by a subsequent meeting called after due notice as aforesaid.

Chairman of meeting.

4(1)At a meeting of a county council, the convener of the county if present shall preside.

(2)If the convener of the county is absent from a meeting of the council, the vice-convener of the county shall if present preside, but if the convener and the vice-convener are both absent from a meeting of the council, such county councillor as the members of the council present at the meeting shall choose shall preside.

Quorum.

5Subject to the provisions of Part IV of this Schedule, no business shall be transacted at a meeting of a county council unless at least one-fourth of the whole number of members of the council or such other proportion as the council with consent of the Secretary of State may determine are present thereat.

PART II

Town Councils.

Meetings.

1(1)The town council of a burgh shall in every year hold such meetings of the council as are required for the purpose of complying with any provision of this Act or any other enactment or any statutory order and such other meetings as are considered necessary for the transaction of the general business of the council.

(2)A meeting of the council shall be held on the first Friday after the first Tuesday in November.

(3)Meetings of the town council shall be held in the case of the meeting appointed to be held on the first Friday after the first Tuesday of November at twelve noon or at such other hour as the council may by standing order or otherwise fix, and in the case of other meetings at such hour and on such dates as the council may by standing order or otherwise fix or, if no hour is so fixed, at twelve noon.

(4)Meetings of a town council shall be held at such place as the council may direct.

Convening meetings.

2Subject to any administrative scheme under this Act and to any standing orders made by a town council, the following provisions shall have effect with respect to convening meetings of the council and of committees and sub-committees thereof:—

(1)Notice of the time and place of a meeting of a town council shall be given by or on behalf of the town clerk not less than twenty-four hours before the meeting by being left at or sent by post to the usual place of residence or the place of business of every member of the council, and shall specify the business proposed to be transacted at the meeting:

Provided that want of notice to any member of the council shall not affect the validity of a meeting.

(2)The town clerk shall call a meeting of the town council at any time on being required so to do by the provost or on receiving a requisition in writing for that purpose specifying the business proposed to be transacted at the meeting signed by one-fourth of the whole number of members of the council, which meeting shall be held within four days of receipt of the requisition.

(3)Except in the case of business which has to be transacted at any meeting of the council required to be held by this Act or any other enactment or any statutory order, no business shall be transacted at a meeting of the council other than that specified in the notice of the meeting.

(4)The provisions of all the sub-paragraphs of this paragraph shall apply to committees and sub-committees of the council in like manner as they apply to the council, with the substitution of references to the committee or sub-committee, as the case may be, and to the chairman of the committee or subcommittee for references to the council and to the provost respectively.

(5)Any reference in this paragraph to the provost shall include a reference to the acting chief magistrate.

Emergency meeting.

3Where it appears to the provost that an item of business demands special urgency, a meeting of the council shall if he so requires be called by the town clerk to be held at a time less than twenty-four hours from the issue of the notice, or less than the period fixed by standing orders, but any resolution passed at such a meeting shall not be valid and binding on the council unless a majority of the whole members of the Council are present at the meeting or the resolution is confirmed by a subsequent meeting called after due notice as aforesaid.

Chairman of meeting.

4(1)At a meeting of a town council, the provost if present shall preside.

(2)If the provost is absent, the senior bailie present at the meeting and failing any bailie such councillor as the members of the council present shall choose shall preside.

Quorum.

5Subject to the provisions of Part IV of this Schedule, no business shall be transacted at a meeting of a town council unless at least one-fourth of the whole number of members of the council or such other proportion as the council with consent of the Secretary of State may determine are present thereat.

PART III

District Councils.

Meetings.

1(1)A district council shall in every year hold such meetings of the council as are required for the purpose of complying with any provision of this Act or any other enactment or any statutory order and such other meetings as are considered necessary for the transaction of the general business of the council.

(2)A meeting of the council shall be held on such day within ten days after the day of election of elected district councillors as the council prior to the election have determined, which meeting may for the purposes of this Act and of any other enactment be referred to as the first meeting of the district council after the election of district councillors.

(3)The meetings of the council shall be held at such hour and at such place as the council may by standing order or otherwise determine.

Convening meetings.

2Subject to any standing orders made by a district council, the following provisions, shall have effect .with respect to convening meetings of the council and of committees and sub-committees thereof:—

(1)Notice of the time and place of a meeting of a district council shall be given by or on behalf of the clerk of the council not less than three days before the meeting by being left at or sent by post to the usual place of residence or the place of business of every member of the council, and shall specify the business proposed to be transacted at the meeting:

Provided that want of notice to any member of the council shall not affect the validity of a meeting. If there is no clerk of the council the chairman shall call any meeting except the first meeting of the council after the election of district councillors, .which meeting shall be called by the county clerk.

(2)The clerk of the district council shall call a meeting of the council at any time on being required so to do by the chairman of the council or on receiving a requisition in writing for that purpose specifying the business proposed to be transacted at the meeting signed by one-fourth of the whole number of members of the council or by three members, whichever is the greater number, which meeting shall be held within ten days of the receipt of the requisition.

(3)Except in the case of business which has to be transacted at any meeting of the council required to be held by this Act or any other enactment or any statutory order or except with leave of the meeting, no business shall be transacted at a meeting of the council other than that specified in the notice of the meeting.

(4)The provisions of all the sub-paragraphs of this paragraph shall apply to committees and sub-committees of the council in like manner as they apply to the council, with the substitution of references to the committee or sub-committee, as the case may be, and to the chairman of the committee of sub-committee for references to the council and to the chairman of the council respectively.

Emergency meeting.

3Where it appears to the chairman of the council that an item of business demands special urgency, a meeting of the council shall if he so requires be called by the clerk of the council to be held at a time less than three days from the issue of the notice or less than the period fixed by standing orders, but any resolution passed at such a meeting shall not be valid and binding on the council unless a majority of the whole members of the council are present at the meeting or the resolution is confirmed by a subsequent meeting called after due notice as aforesaid.

Chairman of meeting.

4(1)At a meeting of a district council the chairman of the council if present shall preside.

(2)If the chairman of the council is absent from a meeting of the council, the vice-chairman of the council shall, if present, preside, but if the chairman and vice-chairman are both absent from the meeting, such district councillor as the members of the council present shall choose shall preside.

Quorum.

5Subject to the provisions of Part IV of this Schedule, no business shall be transacted at a meeting of the council unless one fourth of the whole number of members of the council or three members, whichever is the greater number, are present thereat.

PART IV

Provisions relating to local authorities generally.

Notice of meetings required by statute, &c.

1Notice of any meeting of the authority or of any committee thereof appointed to be held by this Act or any other enactment or any statutory order or by standing order of the authority shall, without instructions, be given by the clerk of the authority or in the case of a committee by the clerk of the committee.

Transaction of business where members disabled by section 73 of Act.

2No item of business shall be transacted at a meeting of a local authority or of any committee or sub-committee thereof if, in consequence of the provisions of section seventy-three of this Act, less than a quorum of the authority or committee or sub-committee, as the case may be, are entitled to vote on that item.

Adjournment of meeting.

3A local authority or a committee or sub-committee may adjourn a meeting of the authority, committee or sub-committee, as the case may be, to any other day, hour and place.

Decision on questions.

4(1)Subject to the provisions of this Act or any other enactment or any statutory order that may be applicable and to any provisions of standing orders relating to the suspension of such orders, all acts of, and all questions coming and arising before, a local authority or any committee or sub-committee of a focal authority shall be done and decided by a majority of the members of the authority or committee or sub-committee, as the case may be, present and voting at a meeting of the authority or committee or sub-committee, as the case may be:

Provided that any decision to transact at an ordinary meeting of a local authority or of any committee or sub-committee thereof business of which notice has not been given shall not, if standing orders made by the local authority so provide, be arrived at except by such majority greater than a bare majority as may be specified.

(2)Save as otherwise provided in this Act, in the case of an equality of votes, the person presiding at the meeting shall give a casting vote.

Names of members present to be recorded.

5The names of members present at a meeting of a local authority shall be recorded.

Minutes.

6(1)Minutes of the proceedings of a meeting of a local authority shall be drawn up by or on behalf of the clerk of the authority and shall be signed at the meeting by the person presiding thereat or shall be submitted to the next ensuing meeting of the authority for approval as a record of the meeting and signed by the person presiding at that next ensuing meeting, and, without prejudice to any of the other provisions of this Act, any minute purporting to be so signed shall be received in evidence without further proof.

(2)Subject to any administrative scheme under this Act or any standing orders of or other directions by a local authority, the provisions of the preceding sub-paragraph shall apply with respect to any committee or sub-committee of the authority in like manner as they apply with respect to the authority.

(3)Until the contrary is proved, a meeting of a local authority or of a committee or sub-committee thereof in respect of the proceedings whereof a minute has been made and signed in manner above provided, shall be deemed to have been duly convened and held, and all the members present at the meeting shall be deemed to have been duly qualified, and where the proceedings are proceedings of a committee or sub-committee, the committee or sub-committee, as the case may be, shall be deemed to have been duly constituted and to have had power to deal with the matters referred to in the minutes.

Standing orders.

7(1)Subject to the provisions of this Act and of any administrative scheme thereunder, a local authority may make standing orders for the regulation of their proceedings and business and may vary or revoke such orders.

(2)Any such standing orders may, without prejudice to any other matters that may be dealt with therein, provide for the closure of debate, for voting by ballot with respect to any matter, and for the suspension by resolution of the local authority for the remainder of a meeting of any member disregarding the authority of the chairman of the meeting or obstructing the meeting or conducting himself offensively at the meeting. Any member of a local authority so suspended shall forthwith leave the meeting and shall not without the consent of the meeting again enter the meeting, and if any member so suspended refuses when so required by the person presiding to leave the meeting, he may immediately by order of the person presiding be removed from the meeting by a police officer or by any other person authorised by the person presiding to remove him.

(3)Any such standing orders shall, unless otherwise provided therein, apply with respect to any committee or sub-committee of the authority in like manner as they apply with respect to the authority.

Vacancies, &c. not to invalidate proceedings.

8(1)The proceedings of a local authority or a committee or subcommittee thereof shall not be invalidated by any vacancy among their number or by any defect in the election or qualification of any member thereof, or by any member voting on or taking part in the consideration or discussion of any question when he is not entitled to do so.

(2)If the proceedings at a meeting of a local authority or of a committee or sub-committee thereof are notwithstanding anything in this Schedule open to challenge on the ground that the meeting has not been duly convened, such proceedings shall be validated by confirmation of the minutes of the meeting at a subsequent meeting duly convened of the authority, committee or sub-committee, as the case may be.

Application of this Part of Schedule to magistrates of burgh.

9The provisions of paragraphs 1, 2, 3, 4, 5, 6 and 8 of this Part of this Schedule and any standing orders made by a town council under paragraph 7 shall apply with respect to the magistrates of the burgh in like manner as they apply with respect to the town council, save as otherwise directed by the magistrates and subject to any necessary modifications.

Quorum in cases of vacancies.

10Where there are at the same time vacancies in the case of more than one-third of the members of a local authority, then until the number of members in office is increased to not less than two thirds of the whole number of members of the local authority, the quorum of the authority shall be determined by a reference to the number of members of the authority remaining instead of by reference to the whole number of members of the authority, so however that the quorum shall never in the case of a county council or a town council be less than one-eighth of the whole number of members of the council or three members, whichever is the greater number.

Section 173.

FOURTH SCHEDULEEnactments containing Provisions as to the Acquisition by Agreement of, and certain other Dealings in, Land by Local Authorities, not affected by the Provisions of Part VIII of this Act.

1The Burial Grounds Acts

2The Electricity (Supply) Acts, 1882 to 1936

3The Military Lands Acts, 1892 to 1903

4The Light Railways Acts, 1896 and 1912

5The [2 Edw. 7. c. 8.] Cremation Act, 1902

6The Housing (Scotland) Acts, 1925 to 1946

7The [25 & 26 Geo. 5. c. 47.] Restriction of Ribbon Development Act, 1935

8The Town and Country Planning (Scotland) Act, 1945

9The Water (Scotland) Act, 1946

10The Education (Scotland) Act, 1946

11Any local Act

Sections 191 and 224.

FIFTH SCHEDULEExpenditure of a Town Council to be defrayed out of the Burgh Rate so far as payable by Occupiers of Lands and Heritages only.

1Expenditure of a town council (not being expenditure included in a requisition made by the county council upon the town council under Part XI of this Act, except any portion thereof to which the proviso to subsection (5) of section two hundred and fourteen of this Act applies) incurred for and in connection with the following:—

(1)Police and police court (including any expenditure under section three hundred and fifteen (so far as unrepealed) of the Burgh Police (Scotland) Act, 1892, and on the provision of halls and other buildings for public meetings and assemblies under section seventy-four of this Act which the town council direct shall be defrayed as expenditure on police, but excluding any expenditure under the Children and Young Persons (Scotland) Act, 1937).

(2)Lighting, including lighting of streets, courts and common stairs

(3)Cleansing, including public conveniences

(4)Dean of Guild Court

(5)Surveys and plans under the Burgh Police Acts

(6)Markets

(7)Slaughter houses

(8)Public clocks

(9)Public baths, including open air bathing facilities

(10)Public wash-houses and drying grounds

(11)Inspection of weights and measures, including provision of public weighing machines

(12)Issue and supervision of licences under the Burgh Police Acts

(13)Public libraries

(14)Supervision of food and drugs

(15)The [34 & 35 Vict. c. 56.] Dogs Act, 1871

(16)The [34 & 35 Vict. c. 96.] Pedlars Act, 1871

(17)The Explosives Acts, 1875 and 1923

(18)The Military Lands Acts, 1892 to 1903

(19)The [58 & 59 Vict. c. 36.] Fatal Accidents Inquiry (Scotland) Act, 1895

(20)Section six of the Sea Fisheries Regulation (Scotland) Act, 1895

(21)The Light Railways Acts, 1896 and 1912

(22)Section two of the [62 & 63 Vict. c. 38.] Telegraph Act, 1899

(23)Licensing court under the [3 Edw. 7. c. 25.] Licensing (Scotland) Act, 1903

(24)The Advertisement Regulations Acts, 1907 and 1925

(25)The [2 & 3 Geo. 5. c. 14.] Protection of Animals (Scotland) Act, 1912

(26)The Temperance (Scotland) Act, 1913

(27)Application or representation under section seventy-eight of the [11 & 12 Geo. 5. c. 55.] Railways Act, 1921

(28)The [15 & 16 Geo. 5. c. 50.] Theatrical Employers Registration Act, 1925

2Expenditure which in terms of any enactment relating to any public utility undertaking (other than a water undertaking) falls to be defrayed out of rates.

3Expenditure to be defrayed out of the sum raised by rate in lieu of petty customs.

Section 262.

SIXTH SCHEDULEEnactments for the Purposes of which Money may be borrowed by Local Authorities Repayable within Periods other than thirty years.

Section 267.

SEVENTH SCHEDULE

Section 275.

EIGHTH SCHEDULERules regulating the Administration of a Loans Fund established by a county council or town council under this Act.

General.

Interpretation.

1In these rules, unless the context otherwise requires—

• " advance ", in relation to the loans fund and a borrowing account of a council, means the transfer of money by way of loan from the loans fund to the appropriate borrowing account in exercise of a statutory borrowing power;

• " appointed day " means the day (being the commencement of a financial year) fixed by the council as the day from which a loans fund shall be established by the council;

• " borrowing account ", in relation to a council, means an account of the council relating to a purpose for which the council have a statutory borrowing power;

• " council " means a county council or a town council having a loans fund;

• " loans fund " means a loans fund established under this Act;

• " year " means the financial year of the council.

Method of exercise of statutory borrowing power.

2Any statutory borrowing power vested in the council on or after the appointed day shall be exercised by the council in manner following and not otherwise, that is to say:—

(a)by borrowing in accordance with the provisions of this Act and carrying to the loans fund such sums as are necessary to enable that fund to make to the appropriate borrowing account of the council or to the other local authority the advances which are required for the purpose for which the statutory borrowing power is available; and

(b)by making from the loans fund such advances to the appropriate borrowing account of the council or to the other local authority, as the case may be.

Accounts of Loans Fund.

Accounts of loans fund.

3The council shall keep the accounts relating to the loans fund separate from the other accounts of the council.

Loans fund to be kept in two parts, assets and liabilities and revenue and expenditure.

4The loans fund shall be kept in two Parts:—

• Part I containing a record of all assets and liabilities of the fund classified as follows:—

  (a)

  Assets—

  (1)

  Sums advanced to the various borrowing accounts of the council.

  (2)

  Any loans to other local authorities which the council may be authorised to make.

  (3)

  Investments.

  (4)

  Deferred charges.

  (5)

  Any other assets.

  (b)

  Liabilities—

  (1)

  Mortgages created by the council.

  (2)

  Stock issued by the council.

  (3)

  Any other liabilities.

• Part II containing a record of the revenue and expenditure of the fund classified as follows:—

  (a)

  Revenue—

  (1)

  Interest from the various borrowing accounts of the council—

  (i)

  in respect of advances on account of capital;

  (ii)

  in respect of advances for ordinary expenditure.

  (2)

  Interest on loans to other local authorities made by the council.

  (3)

  Income from investments.

  (4)

  Other income including unclaimed interest and dividends.

  (b)

  Expenditure—

  (1)

  Interest and dividends on mortgages, stock and other loans to the council.

  (2)

  Loans fund expenses including stamp duties.

Provisions relating to Capital.

Transfer to loans fund of assets and liabilities on appointed day.

5All money in the hands of the council on the appointed day in respect of any sinking or other fund established for the redemption of loans to the council, all other capital money in the hands of the council on the said day and available for the repayment of loans and any unapplied balance of money borrowed by the council (including any investments representing such money or balance) shall be paid into and form part of the capital money of the loans fund, and all liabilities of the council in respect of borrowed money outstanding on the appointed day shall be transferred to and form part of the liabilities of the fund.

Payments of capital money to loans fund.

6The following sums shall be paid into the loans fund as capital money when received or, in the case of sums specified in paragraphs (c) and (e) hereof, when due, that is to say—

(a)all money borrowed by the council in the exercise of their statutory borrowing powers, including money forming part of any capital fund (within the meaning of section eight of the Local Authorities Loans Act, 1945) belonging to or held by the council transferred by authority of the council to the loans fund for the purpose of being used under the provisions of this Act in exercise of a statutory borrowing power;

(b)all money of a capital nature received by the council whether from the sale of capital assets or otherwise, except such as is properly applicable to another capital purpose;

(c)the appropriate periodical sums required to be set aside by the council out of the various borrowing accounts for the repayment of advances made from the loans fund to these borrowing accounts;

(d)the appropriate periodical sums and other sums paid by other local authorities in repayment of advances to those authorities;

(e)any other money which is directed in pursuance of these rules to be carried to the loans fund and treated as capital money in the loans fund.

Capital payments from loans fund.

7(1)Capital money in the loans fund may be applied—

(a)in the exercise of any statutory borrowing power of the council duly authorised by the council, by advancing the required amount to the appropriate borrowing account of the council or in making loans to other local authorities;

(b)in the redemption of securities created by the council, in the purchase of stock for extinction or in the repayment of any money borrowed by the council;

(c)in defraying the expenses incurred by the council in the creation and issue of stock so far as the same are not defrayed under rule 13 hereof; and

(d)in defraying any other charges which are directed in pursuance of these rules to be defrayed out of capital money in the loans fund.

(2)Any capital money in the loans fund, not so applied or not about to be so applied within a reasonable period, shall be invested in trustee securities, and the sums realised by the sale of such securities shall on receipt be paid into the loans fund as capital money.

(3)Capital money in the loans fund shall not be applied otherwise than in accordance with the provisions of the preceding paragraphs of this rule.

Conditions regulating advances.

8(1)Advances from the loans fund to a borrowing account shall so far as practicable be made on the fifteenth day of May in each year, so however that if the advance is made on some other date interest shall be charged in accordance with the provisions of paragraph (4) (a) of rule 18 hereof.

(2)The council shall at the time an advance is made determine—

(a)the period within which the advance is to be repaid to the loans funds, so however that the period shall not exceed that prescribed by the enactment or statutory order regulating the statutory borrowing power; and

(b)the amount of each of the periodical payments required to repay the advance within the period so determined, and the date on which the first of the said payments is to be made. The payments shall be either equal yearly or half-yearly instalments of principal or, where the advance is to be repaid on the annuity system, equal yearly or half-yearly instalments of principal and interest combined, the amount of principal included in each instalment being separately stated.

(3)The periodical payments shall so far as practicable be so adjusted as to be expressed in complete pounds.

(4)The appropriate sums required for the repayment of advances to the loans fund shall be set aside, in the case of yearly repayments on the fifteenth day of May, and in the case of half-yearly payments on the fifteenth day of May and the eleventh day of November in each year.

(5)The amount advanced from the loans fund in exercise of a statutory borrowing power of the council to the appropriate borrowing account of the council shall be diminished each year by the amount of capital paid into the loans fund during the year in respect of that borrowing power.

(6)Whenever capital money (other than money borrowed by the council) is paid into the loans fund, the periodical payments in respect of the advances affected, or if there is no such advance affected, the periodical payments in respect of an advance for a like purpose, or if there is no such advance, the periodical payments in respect of such other advance as the council may determine, shall be adjusted.

(7)This rule shall apply with the necessary modifications in the case of loans by the council to another local authority.

Borrowing powers exercised before appointed day.

9(1)Any money borrowed by the council before the appointed day in exercise of a statutory borrowing power less—

(a)the amount by which the loan has been reduced by repay ment or extinction before the appointed day, and

(b)the amount on the appointed day of any sinking or other fund provided in connection with the redemption thereof, any investments forming part thereof being taken at the market selling value on that day, and

(c)the amount of any unexpended balance of the money borrowed transferred to the loans fund,

shall be deemed to have been provided by means of an advance from the loans fund to the appropriate borrowing account.

(2)The net amounts of the advances so calculated, together with particulars of the appropriate instalments to be repaid during the remainder of the period prescribed by the enactments relating to the statutory borrowing power, shall be entered in the register of advances hereinafter mentioned.

(3)Where before the appointed day provision is being made for the repayment of any sum borrowed by the council by means of an accumulating sinking fund within the meaning of section two hundred and sixty-five of this Act or by instalments on the annuity system, the council may if they think fit determine that the instalments to be transferred to the loans fund during the remainder of the period prescribed by the statutory borrowing power shall be equal yearly or half-yearly instalments of principal.

Register of advances.

10The council shall, in addition to any other registers required to be kept under this Act or under regulations made under this Act, keep a register of the advances made out of the loans fund to the borrowing accounts of the council, setting out all arrangements in regard to repayment, and all periodical payments in respect of such advances shall be duly entered in the register.

Redemption of debt.

11The council shall so administer the capital money of the loans fund as to ensure that, at the date when the holders of any security created by the council become entitled to claim redemption or repayment thereof, sufficient money is available .for the purpose.

Deferred charges and liquidation thereof.

12(1)The expenses incurred in the creation and issue of stock by the council which are under rule 7 hereof defrayed out of the capital money in the loans fund, together with any discount liability which has been assumed by the council in respect of the redemption of stock at a value exceeding the price at which the stock was issued, shall be treated for the purposes of these rules as " deferred charges."

(2)There shall be defrayed in each year out of the revenue money of the loans fund, and debited so far as it relates to discount to the interest account hereinafter mentioned, and so far as it relates to expenses to the loans fund expenses account hereinafter mentioned, such proportion of the deferred charges incurred in respect of each issue of stock as the council may determine, not being less than the proportion of the said charges which one year bears to the number of complete years which will elapse before that stock first becomes redeemable by the council.

Premiums received on issues of stock.

13The expenses incurred by the council in the creation and issue of stock shall be a first charge on any sums received as premiums in respect of that issue, and such proportion of the remainder, if any, of the sums so received as corresponds with the proportion which one year bears to the number of complete years which will elapse before that stock first becomes redeemable by the council shall be appropriated in each year to the revenue, purposes of the loans fund and credited to the interest account.

Valuation of assets and liabilities.

14(1)All investments transferred to the loans fund on the appointed day under rule 5 hereof shall be entered in the accounts of the loans fund at their market selling value on that day.

(2)Save as aforesaid, any investment of money of the loans fund shall be entered in the accounts of the loans fund at its cost price exclusive of the expenses of investment.

(3)Any stock issued by the council before the appointed day the liabilities in respect of which are transferred to the loans fund shall be entered in the accounts of the loans fund at the value at which the stock is to be redeemed.

Profits and losses.

15There shall be ascertained at the close of each year the net profit or loss which has arisen during the year on—

(a)the realisation of investments,

(b)the repayment of loans, and

(c)the purchase of stock or other securities of the council below or above the value at which they stand in the books of the loans fund,

and the net profit or loss so ascertained (so far as the same is not transferred or met under the immediately succeeding rule) shall be transferred to the credit or debit of the loans fund expenses account at the close of the year:

Provided that the Secretary of State may on the application of the council sanction part of the net profit or loss not being so transferred but being applied or liquidated in accordance with a scheme made by the council and approved by the Secretary of State.

Loans fund reserve account.

16(1)There shall be transferred to the credit of an account called the loans fund reserve account the net profit ascertained under the immediately preceding rule in any year or such part of the net profit as the council consider proper, having regard to the purposes of the account.

(2)The council may, and if required by the Secretary of State shall, transfer to the credit of the loans fund reserve account from the loans fund expenses account such sum as the council or the Secretary of State, as the case may be, may consider to be reasonable in respect of the depreciation in the valuation of the investments of the loans fund.

(3)A valuation of the investments of the loans fund shall be made as at the close of each year and a statement appended to the balance sheet showing the amount of any depreciation as at the said date in the total selling value of those investments as against the total value at which they are entered in the accounts of the loans fund and the total amount, if any, which has been transferred to the loans fund reserve account under the immediately preceding paragraph of this rule and-is at the time available to meet the said depreciation.

(4)Any money at the credit of the loans fund reserve account may be applied in the manner following but not otherwise:—

(a)in or towards meeting any net loss ascertained under the immediately preceding rule in any year; or

(b)in reduction of the periodical repayment instalments by the borrowing accounts to the loans fund over such period of years as the council may determine, so however that the council shall allocate the total annual amount to be applied towards such reduction among the borrowing accounts in the manner provided for in rule 19 hereof:

Provided that no sum shall be applied under paragraph (b) hereof unless the council are satisfied that there will remain in the account an ample reserve in respect of depreciation in the valuation of the investments of the loans fund.

Provisions relating to Revenue.

Revenue and expenditure.

17The council shall from time to time pay to the loans fund such sums as are required from time to time to enable the fund to meet the interest payable on sums borrowed by the council and any other sums directed to be debited to the interest account and the expenses of the loans fund and any other sums directed to be debited to the loans fund expenses account, which sums shall be provided by the several borrowing accounts of the council in accordance with the provisions of rules 18 and 19 hereof.

Interest account.

18(1)There shall be charged to the interest account and credited to each account of the council which has from time to time during the year any revenue balance in the loans fund interest at a rate to be determined by the council.

(2)There shall be charged to the interest account and credited to each account of the council from which a capital sum (otherwise than by way of reduction of an advance) has during the year been carried to the loans fund interest at a rate to be determined by the council, such rate being equal as nearly as may be to the rate of interest which would be payable on money borrowed during the year of account under a statutory borrowing power.

(3)There shall be charged to each borrowing account of the council which has from time to time during the year received temporary advances of money from the loans fund for current and other expenses, and credited to the interest account interest at a rate to be determined by the council.

(4)Subject to the provisions of this paragraph and of the immediately succeeding paragraph of this rule, the amount of the interest payable during the year by the council on sums borrowed by the council (including interest credited to accounts of the council under paragraphs (1) and (2) of this rule) after deducting the interest received during the year on investments and on loans to other local authorities and the interest charged to borrowing accounts in respect of temporary advances under paragraph (3) of this rule, and allowing for any sums directed by or in accordance with these rules to be debited or credited to the interest account (in this rule referred to as " the net amount "), shall be apportioned at the close of the year between the several borrowing accounts of the council in the manner following, that is to say:—

(a)there shall first be charged or allowed to each borrowing account, in respect of any advance or repayment of an advance which has been made or received during the year the appropriate amount in respect of interest for the period between the date of the advance or repayment and the close of the year, calculated at the average rate payable by the council on money borrowed on account of the loans fund;

(b)the net amount (adjusted to give effect to paragraph (a) hereof) shall be apportioned among the borrowing accounts in the proportion which the advances to each borrowing account outstanding at the commencement of the year bear to the total of the outstanding advances to all the borrowing accounts at such commencement:

Provided that—

(i)the council may, in the case of local bonds under the Housing (Scotland) Acts, 1925 to 1946, or in any other case where special circumstances exist, make such special charge on account of interest as the council think equitable; and

(ii)wherever the charge in respect of interest affects the amount of any Exchequer grant, such charge shall be subject to the approval of the Minister concerned.

(5)The council in their discretion may, in lieu of the provisions of the immediately preceding paragraph of this rule but subject always to the proviso thereto, apportion the net amount for any year among the accounts of the council in proportion to the average amount of advances to each borrowing account during the year, so however that if this method of apportionment is adopted, the amount of advances to each borrowing account shall be adjusted by monthly transfers between the loans fund and the several borrowing accounts, and the monthly amounts so ascertained for each account shall form the basis for calculating the average amount of advances to each borrowing account during the year.

Loans fund expenses account.

19There shall be ascertained at the close of each year all revenue expenditure (exclusive of interest) in connection with the loans fund during the year, including without prejudice to the said generality—

(a)any expenses in connection with borrowing money (other than expenses of the creation and issue of stock),

(b)any annual contribution to meet deferred charges,-so far as they relate to expenses of the creation and issue of stock,

(c)any loss in connection with investments debited to the loans fund expenses account under rule 15 hereof, and any sums transferred to the credit of the loans fund reserve account from the loans fund expenses account under rule 16 hereof, and

(d)any other expenses incurred in connection with the management or investment of the loans fund, including such proportion of the remuneration of officers and general administration expenses of the council as may reasonably be allocated to the fund;

and from the total expenditure so ascertained there shall be deducted—

(a)any items of expenditure during the year which are specifically and properly chargeable to borrowing accounts of the council,

(b)any profit in connection with investments credited to the loans fund expenses account during the year under rule 15 hereof, and

(c)any fees or other revenue receipts of the loans fund;

and the balance remaining shall be apportioned among the borrowing accounts in the proportion which the advances to each borrowing account outstanding on the last day of the year bear to the total of all such advances at that date :

Provided that the council may in their discretion apportion the said balance among the borrowing accounts of the authority in proportion to the average amount of advances to each borrowing account during the year, so however that, if this method of apportionment is adopted, the amount of advances to each borrowing account shall be adjusted by monthly transfers between the loans fund and the several accounts, and the monthly amounts so ascertained for each account shall form the basis of calculating the average amount of advances to each borrowing account during the year.

Balance Sheet, Certification of Accounts and Report by Auditor.

Balance sheet, certification of accounts and report by auditor.

20A separate balance sheet of the loans fund of the council shall be prepared as at the close of each year, and the accounts relating to the loans fund as well as the balance sheet shall be certified as to the correctness thereof by the treasurer of the council, and the auditor of the accounts of the council shall at least once in every year make a report to the council setting forth—

(a)the enactments (including this Act) and statutory orders under which sums have been borrowed by the council and advances made to the borrowing accounts of the council, and whether the council have duly paid into the loans fund the interest due by the borrowing accounts and the appropriate periodical sums required to be set aside for the repayment of advances made from the loans fund to the borrowing accounts; and

(b)whether the provisions of these rules have otherwise been duly complied with.

Miscellaneous.

Default by council.

21In the event of it appearing at any time from a report by the auditor of the accounts of the council or otherwise that the council have failed duly to make payment of interest or of the appropriate periodical sums required to be set aside for the repayment of advances made from the loans fund as aforesaid, or that the provisions of these rules have otherwise not been duly complied with, it shall be competent for the Secretary of State to apply by petition to the Court of Session to have the council ordained to make such payment and to comply in such other manner with the provisions of these rules as may be necessary in the circumstances, and the Court are hereby authorised to do therein as shall appear to be just.

Investigation of loans fund.

22Without prejudice to the provisions of the preceding rule, the Secretary of State may from time to time as he thinks fit cause an investigation to be made into the administration of the loans fund of the council, and the expenses of such investigation shall be defrayed by the council.

Loans fund regualtions.

23Notwithstanding anything in this Schedule, the Secretary of Slate may from time to time by regulations make such modifications in or additions to any of these rules as appear to him necessary or desirable and such regulations may apply generally or in the case of any particular council or class of council.

Section 315.

NINTH SCHEDULEEnactments under which the Functions of a County Council are so far as relating to a large burgh transferred to the Town Council of the Burgh.

1The Explosives Acts, 1875 and 1923.

2The Destructive Insects and Pests Acts, 1877 to 1927.

3The Diseases of Animals Acts, 1894 to 1937.

4The Blind Persons Act, 1920.

5The [9 & 10 Geo. 5. c. 72.] Rats and Mice (Destruction) Act, 1919.

6The [16 & 17 Geo. 5. c. 45.] Fertilisers and Feeding Stuffs Act, 1926.

7The Wireless Telegraphy (Blind Persons' Facilities) Act, 1926.

Section 317.

TENTH SCHEDULEProvisions with Respect to the Construction of Acts and Documents and other Matters in Case of Transfer of Functions.

1All books, records and other documents relating exlusively to any function transferred by or by virtue of this Act shall be delivered to the transferee authority, who shall also have access at all reasonable times to any books, records or other documents relating in part to any function so transferred.

2Any reference in any enactment or statutory order to the authority being the transferor authority under this Schedule shall, so far as necessary for the purposes of the transfer of functions by or by virtue of this Act, be construed as a reference to the authority being the transferee authority under this Schedule.

3All contracts, deeds, agreements, regulations, byelaws, notices and other instruments and documents affecting any functions transferred by or by virtue of this Act, so far as relating to such transfer, shall be of full force and effect in favour of or against the transferee authority and may be enforced as fully and effectually as if instead of the authority named in the instrument or document the transferee authority had been a parry thereto.

4Where anything has been commenced by or under the authority of the transferor authority before the date on which the transfer takes effect and such thing is in relation to a function transferred by or by virtue of this Act, such thing, so far as relating to the transfer, may be carried on and completed by or under the authority of the transferee authority.

5Where at the date on which the transfer takes effect any legal or other proceeding is pending to which a transferor authority are a party and such proceeding has reference to a junction transferred by or by virtue of this Act, the transferee authority shall, so far as relating to the transfer, be substituted in such proceeding for the transferor authority, and such proceeding shall not lapse or abate by reason of the substitution.

6Any cause of action by or against any transferor authority which exists at the date on which the transfer takes effect in relation to any function transferred by or by virtue of this Act shall not be prejudicially affected by the transfer, but may, so far as relating to the transfer, be prosecuted or enforced by or against the transferee authority as successors of the transferor authority.

Section 318.

ELEVENTH SCHEDULEProvisions as to the Determination and Payment of Compensation to Officers in Case of Transfer of Functions.

Procedure for claiming compensation.

1(1)For the purpose of enabling a claim for compensation to be assessed, the claimant shall deliver to the local authority with the claim a statement containing such particulars as may be prescribed.

(2)The said statement shall be accompanied by a statutory declaration that it is a true statement to the best of the knowledge, information and belief of the claimant.

(3)The local authority shall forthwith take the claim into consideration and assess the just amount of compensation, if any, and shall forthwith inform the claimant of their decision.

(4)A claimant, if so required by any member of the local authority by notice sent by the clerk of the authority, shall attend at a meeting of the authority or of any committee appointed by the authority for the purpose, and answer on oath all questions asked by any member of the authority or committee touching the matters set forth in his claim and in the said statement, and shall further produce all books, papers and documents in his possession or under his control relating to the claim. The oath shall be administered in the case of a county council by the convener or vice-convener, in the case of a town council by the provost or acting chief magistrate, and in the case of a district council by the chairman of the council, or in any case by any justice of the peace present at the meeting.

(5)If a local authority fail to inform any claimant of their decision on his claim within six months after it has been delivered to them, the Secretary of State may, on application made to him by the claimant, direct the authority to do so within such time not being less than one month as may be specified in the direction.

(6)A claim for compensation against a local authority shall not be maintainable, unless it is delivered to the authority within two years of the date on which it is alleged to have arisen.

General considerations to be applied.

2For the purpose of determining whether compensation is payable to an officer and, if so, the amount of such compensation, regard shall be had to—

(a)the conditions upon which his appointment was made;

(b)the nature of his office;

(c)all the other circumstances of the case.

Power to award compensation by way of a lump sum.

3Compensation shall be awarded by way of an annual sum unless the local authority and the claimant otherwise agree, in which case the compensation may be awarded by way of a lump sum representing the capital value of an annual sum.

Assessment of compensation for determination of whole-time office.

4(1)The annual sum payable as compensation in respect of the determination of a whole-time office shall not exceed the aggregate of the following sums:—

(i)for every year of the officer's service, one-sixtieth of an amount equal to the annual pecuniary loss which he has sustained by reason of the determination of the office;

(ii)in the case of service for twenty years or upwards, a sum equal to ten-sixtieths of the said amount;

in the case of service for fifteen years and less than twenty years, a sum equal to seven-sixtieths of the said amount;

in the case of service for ten years and less than fifteen years, a sum equal to five-sixtieths of the said amount;

in the case of service for five years and less than ten years, a sum equal to three-sixtieths of the said amount;

in the case of service for less than five years, a sum equal to one-sixtieth of the said amount; and

(iii)in the case of an officer who was appointed as a specially qualified person or who before his appointment had been employed (otherwise than in an office within the meaning of this Schedule) as a depute, assistant or clerk by a permanent officer for the purpose of the discharge of the latter's official duties, such additional sum, if any, not exceeding ten-sixtieths of the said amount as the local authority, in their discretion and in consideration of his special qualifications or of his previous employment, as the case may be, may think fit to award:

Provided that the compensation shall not in any event exceed two-thirds of the said amount.

(2)In assessing the amount of any pecuniary loss sustained by an officer by reason of the determination of his office, regard shall be had as respects any emoluments either—

(a)to the amount of those emoluments received by him in respect of that office immediately before the material date; or

(b)to the average amount of those emoluments received by him in respect of that office during the period of five years next before the material date, or such shorter period as may be reasonable in the circumstances.

(3)In assessing the amount of any pecuniary loss sustained by an officer by reason of the determination of his office, regard shall also be had to—

(a)any increase of the emoluments enjoyed by the officer at the material date which he has obtained in consequence of the transfer of functions; and

(b)the emoluments of any office or other public appointment which he would have obtained on or after that date if he had accepted an offer made to him.

Assessment of compensation for determination of part-time office.

5In the case of a claim for compensation in respect of the determination of a part-time office, the compensation, if any, which would have been payable if the office had been a whole-time office shall be reduced by one-quarter or by such other amount as may in the circumstances be reasonable:

Provided that no reduction shall be made in the case of an officer who immediately before the material date held two or more offices and who devoted the whole of his time to the duties of such offices.

Assessment of compensation for diminuation of emoluments.

6In the case of an officer who suffers any diminution of the emoluments of an office, the compensation shall not exceed a sum bearing the same proportion to the amount of compensation which could have been awarded if his office had been determined as the amount by which the emoluments of the office are diminished bears to the amount of those emoluments before diminution.

Rules for computing period of service.

7(1)In computing the period of service of an officer for the purposes of assessing any compensation payable to him, account shall, subject to the provisions of the sub-paragraphs of this paragraph, be taken of all the service in any capacity of the officer under any local authority, whether he was appointed annually or otherwise.

(2)Where the material date has occurred at any time other than the expiration of a complete year of an officer's service, the portion then expired of that year shall be treated as a complete year if it exceeds six months and, if it does not, shall be ignored.

(3)Where the claim is in respect of the loss of a whole-time office or of two or more offices which in the aggregate involve the whole-time service of the officer, any previous period of part-time service shall be treated as though it were whole-time service for a proportionately reduced period.

(4)Where the claim is in respect of the loss of one or some only of several offices held by the officer, account shall not be taken of service in an office which the officer continues to hold unless throughout the period of his service in that office he devoted the whole of his time to the duties of the several offices held by him.

(5)Where the claim is in respect of the loss of an office held by an officer who while holding that office was also employed in an office the employment in which is ordinarily regarded as full-time employment, no account shall be taken of service in the last-mentioned office.

(6)If an officer was temporarily absent from his office during any war whilst serving in His Majesty's forces or the forces of any Allied or Associated Powers or on any other form of war service within the meaning of the [2 & 3 Geo. 6. c. 94.] Local Government Staffs (War Service) Act, 1939, such period of temporary absence shall be reckoned as service under that authority:

Provided that in the case of an officer who after the eleventh day of November nineteen hundred and eighteen voluntarily extended his term of service in the forces, no period of absence during any such extension shall be reckoned.

Right of appeal.

8An appeal may be submitted to the Secretary of State—

(a)by a claimant who is aggrieved by the failure of a local authority to inform him of their decision upon his claim within the time required by any direction of the Secretary of State or by the refusal of the authority to grant any compensation or by the amount of compensation assessed, within three months after the failure or after the date on which he receives notice of the decision of the authority, as the case may be, and

(b)if not less than one-third of the members of a local authority subscribe to a protest against the amount of compensation granted by the authority as being excessive, by any subscriber to the protest, within three months after the decision of the authority,

and the Secretary of State shall consider the case and determine whether any compensation and if so what amount ought to be granted to the claimant, and his determination shall be final.

Date on which compensation commences.

9The sum payable as compensation shall be or commence to be payable at the date fixed by the local authority on granting compensation or, in the case of appeal, by the Secretary of State, and shall be recoverable as a debt due from the authority.

Suspension of compensation.

10(1)If a person receiving compensation in pursuance of the provisions of this Act—

(a)obtains any office or other public appointment, or

(b)receives by virtue of anything done in consequence of the transfer of functions any increase of the emoluments which were enjoyed by him at the date as at which the compensation was assessed,

he shall not, so long as he holds that office or other public appointment or receives those increased emoluments, be entitled to receive any greater sum by way of compensation in respect of the office for which compensation is awarded than would make up the amount, if any, by which the emoluments which he is receiving fall short of the emoluments of the office in respect of which compensation was awarded:

Provided that where a person held two or more offices at the date as at which the compensation was assessed or has been awarded compensation in respect of two or more offices, the Secretary of State may, on the application of that person or of any authority by whom the compensation is payable, modify the operation of the foregoing sub-paragraph in relation to that person so far as is in the opinion of the Secretary of State necessary in order equitably to meet the circumstances of the case.

(2)Where an officer to whom compensation has been awarded in pursuance of the provisions of this Act subsequently becomes entitled to a superannuation allowance in respect of any office or other public appointment which he has accepted after the material date, and in calculating the amount of such allowance account is taken of any period of service in respect of which compensation is payable, then if the compensation does not exceed such part of the superannuation allowance as is attributable solely to that service, the compensation shall cease to be payable, and if it exceeds such part of the superannuation allowance as aforesaid, it shall be reduced by an amount equal to that part of the allowance.

Forms.

11The Secretary of State may prescribe the form of any notice, statement, award or other document to be used in connection with a claim for compensation, and the forms so prescribed or forms substantially to the like effect shall be used in all cases to which the forms are applicable.

Interpretation.

12For the purposes of this Schedule—

• " Public appointment " means any employment the emoluments of which are payable out of public funds;

• " Service " means whole-time or part-time service in any office after the officer has attained the age of eighteen years;

• " Material date " means the date on which the determination of office or diminution of emoluments, as the case may be, takes effect.

Section 338.

TWELFTH SCHEDULEMaximum Rates of Allowances in Respect of Travelling and other Personal Expenses necessarily incurred and Time necessarily lost from Ordinary Employment by Members of a County Council or of any Committee or Sub-Committee thereof in attending Meetings.

PART I

Travelling Expenses.

A sum representing the amount of third-class railway fare or first-class steamer fare between the place of meeting and the ordinary place of residence of the member of the council, committee or sub-committee. In so far as there is no railway service but a public service by some other means of transport is available, the amount of the fare by such other means of transport, and in so far as there is no railway or other public means of transport, the cost of a hired conveyance if such cost is approved by the council.

PART II

Other Personal Expenses.

PART III

Time Necessarily Lost from Ordinary Employment.

The sum of seven shillings and sixpence for each half-day, and the sum of fifteen shillings for each full day, necessarily so lost

Section 378.

THIRTEENTH SCHEDULEEnactments Ceasing to have Effect.

Section 381.

FOURTEENTH SCHEDULEEnactments Repealed.