Local Government (Scotland) Act 1889
Encyclopedia
The Local Government 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 council
s in Scotland
. In this it followed the pattern introduced in England
and Wales
by the Local Government Act 1888
.
The chairman of each county council, elected by the members, was given the title "Convenor of the county".
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.
Subsequent to the commissioners' dissolution, the Secretary for Scotland had the power to vary boundaries on the application of a council.
Act of Parliament
An Act of Parliament is a statute enacted as primary legislation by a national or sub-national parliament. In the Republic of Ireland the term Act of the Oireachtas is used, and in the United States the term Act of Congress is used.In Commonwealth countries, the term is used both in a narrow...
of the Parliament of the United Kingdom
Parliament of the United Kingdom
The Parliament of the United Kingdom of Great Britain and Northern Ireland is the supreme legislative body in the United Kingdom, British Crown dependencies and British overseas territories, located in London...
which was passed on 26 August 1889. The main effect of the Act was to establish elected county council
County council
A county council is the elected administrative body governing an area known as a county. This term has slightly different meanings in different countries.-United Kingdom:...
s in Scotland
Scotland
Scotland is a country that is part of the United Kingdom. Occupying the northern third of the island of Great Britain, it shares a border with England to the south and is bounded by the North Sea to the east, the Atlantic Ocean to the north and west, and the North Channel and Irish Sea to the...
. In this it followed the pattern introduced in England
England
England is a country that is part of the United Kingdom. It shares land borders with Scotland to the north and Wales to the west; the Irish Sea is to the north west, the Celtic Sea to the south west, with the North Sea to the east and the English Channel to the south separating it from continental...
and Wales
Wales
Wales is a country that is part of the United Kingdom and the island of Great Britain, bordered by England to its east and the Atlantic Ocean and Irish Sea to its west. It has a population of three million, and a total area of 20,779 km²...
by the Local Government Act 1888
Local Government Act 1888
The Local Government Act 1888 was an Act of the Parliament of the United Kingdom, which established county councils and county borough councils in England and Wales...
.
County councils
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".
Powers transferred to the county councils
The county councils received numerous powers and duties previously performed by a number of bodies:- Commissioners of SupplyCommissioners of SupplyCommissioners of Supply were local administrative bodies in Scotland from 1667 to 1930. Originally established in each sheriffdom to collect tax, they later took on much of the responsibility for the local government of the counties of Scotland. In 1890 they ceded most of their duties to the county...
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.
Areas and boundaries
The counties were initially to have the same boundaries as those already existing with some stated exceptions:- The county of LanarkLanarkshireLanarkshire or the County of Lanark ) is a Lieutenancy area, registration county and former local government county in the central Lowlands of Scotland...
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 RossRoss-shireRoss-shire is an area in the Highland Council Area in Scotland. The name is now used as a geographic or cultural term, equivalent to Ross. Until 1889 the term denoted a county of Scotland, also known as the County of Ross...
and CromartyCromartyshireCromartyshire was a county in the Highlands of Scotland, consisting of a main portion between Sutherland and Ross-shire and a series of exclaves within Ross-shire. Ross-shire and Cromartyshire were combined as the single county of Ross and Cromarty by the Local Government Act 1889, and this...
were to be united "for all purposes whatsoever" as the county of Ross and CromartyRoss and CromartyRoss and Cromarty is a variously defined area in the Highlands and Islands of Scotland. There is a registration county and a lieutenancy area in current use...
. - The boundaries of the counties of DumbartonDunbartonshireDunbartonshire or the County of Dumbarton is a lieutenancy area and registration county in the west central Lowlands of Scotland lying to the north of the River Clyde. Until 1975 it was a county used as a primary unit of local government with its county town and administrative centre at the town...
and StirlingStirlingshireStirlingshire or the County of Stirling is a registration county of Scotland, based around Stirling, the former county town. It borders Perthshire to the north, Clackmannanshire and West Lothian to the east, Lanarkshire to the south, and Dunbartonshire to the south-west.Until 1975 it was a county...
were to be adjusted, so that the entire parishes of CumbernauldCumbernauldCumbernauld is a Scottish new town in North Lanarkshire. It was created in 1956 as a population overspill for Glasgow City. It is the eighth most populous settlement in Scotland and the largest in North Lanarkshire...
and KirkintillochKirkintillochKirkintilloch is a town and former burgh in East Dunbartonshire, Scotland. It lies on the Forth and Clyde Canal, about eight miles northeast of central Glasgow...
were to be in DunbartonshireDunbartonshireDunbartonshire or the County of Dumbarton is a lieutenancy area and registration county in the west central Lowlands of Scotland lying to the north of the River Clyde. Until 1975 it was a county used as a primary unit of local government with its county town and administrative centre at the town...
. This area remained a detached part until the county council's abolition in 1975. - Part of the county of BanffBanffshireThe County of Banff is a registration county for property, and Banffshire is a Lieutenancy area of Scotland.The County of Banff, also known as Banffshire, was a local government county of Scotland with its own county council between 1890 and 1975. The county town was Banff although the largest...
was transferred to the county of AberdeenAberdeenshireAberdeenshire is one of the 32 unitary council areas in Scotland and a lieutenancy area.The present day Aberdeenshire council area does not include the City of Aberdeen, now a separate council area, from which its name derives. Together, the modern council area and the city formed historic...
; and part of the county of Elgin was transferred to the county of BanffBanffshireThe County of Banff is a registration county for property, and Banffshire is a Lieutenancy area of Scotland.The County of Banff, also known as Banffshire, was a local government county of Scotland with its own county council between 1890 and 1975. The county town was Banff although the largest...
. 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 county electoral divisions, to simplify the boundaries of counties, burghs and parishes, so that (1) each burgh and county would be, if expedient, within a single county, (2) no part of a county would be detached therefrom, and (3) no part of a parish would be detached therefrom, and to arbitrate disputes between local authorities arising from boundary changes. All boundary changes made by the commissioners came into full effect on 15 May 1892. For most purposes, however, the bulk of the changes became effective a year earlier, on 15 May 1891.Subsequent to the commissioners' dissolution, the Secretary for Scotland had the power to vary boundaries on the application of a council.