Local Government (Scotland) Act 1889
The
Local Government (Scotland) Act 1889 (52 & 53 Vict. c. 50) is an
Act of the
Parliament of the United Kingdom which was passed on 26 August
1889. The main effect of the act was to establish elected
county councils in
Scotland. In this it followed the pattern introduced in
England and
Wales by the
Local Government Act 1888.
The Act provided that a county council should be established in each county, consisting of elected councillors. The county was to be divided into electoral divisions, made up of groupings of parishes, each returning one councillor. In addition police
burghs in the county were also regarded as electoral divisions, though the councillors for these areas were co-opted by the members of the burgh's town council.
The chairman of each county council, elected by the members, was given the title "
Convenor of the county".
The county councils received numerous powers and duties previously performed by a number of bodies:
*
Commissioners of Supply for the county
*County road trustees
*
Justices of the peace of the county in general or special or quarter sessions
Among the diverse functions acquired from the justices were inspection of gas meters, regulation of explosive materials, weights and measures, habitual drunkards, control of wild birds and providing visitors to asylums.
In addition the county council exercised authority under the Public Health Acts for the entire county outside burghs. They also had jurisdiction under legislation dealing with contagious animal diseases and destructive insects.
County councils also took over police functions from burghs with less than 7,000 population.
Section 15 of the Act allowed the
Secretary for Scotland to transfer further powers to the councils.
The counties were initially to have the same boundaries as those already existing with some stated exceptions:
*The county of
Lanark was to be united. Previously, for some administrative purposes it comprised three counties, known as the counties of the lower, middle or upper ward of Lanark.
*The counties of
Ross and
Cromarty were to be united "for all purposes whatsoever" as the county of
Ross and Cromarty.
*The boundaries of the counties of
Dumbarton and
Stirling were to be adjusted, so that the entire parishes of
Cumbernauld and
Kirkintilloch were to be in
Dunbartonshire. This area remained a detached part until the county council's abolition in 1975.
*Part of the county of
Banff was transferred to the county of
Aberdeen; and part of the county of
Elgin was transferred to the county of
Banff. These areas had already been administered by the counties in question under highways legislation.
*The county of
Orkney and lordship of
Zetland were separated to form counties of those names.
Boundary changes
It was recognised in the act that the boundaries of the counties would need to be adjusted from those in use for earlier purposes. Accordingly, section 45 established a body styled the
Boundary Commissioners for Scotland to form electoral divisions, regulate the boundaries of counties, make the boundaries of burghs and parishes coincide with those of counties and to deal with detached parts of counties and parishes. The commissioners were to be dissolved two years after the first election of councillors.
Subsequent to the commissioners' dissolution, the
Secretary for Scotland was given the power to vary boundaries on the application of a council.
Districts and district committees
Each county (unless it contained less than six parishes) was to be divided into districts consisting of groups of electoral divisions. Each district was to have a district committee consisting of the area's county councillors, one representative form each parochial board in the district, and one from each burgh. The committees performed the county council's functions in respect of the Public Health Acts and highways legislation.
