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Local Government (Scotland) Act 1889

 

 
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Local Government (Scotland) Act 1889
 
 
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The Local Government (Scotland) Act 1889 (52 & 53 Vict. c. 50) is an Act
Act of Parliament

An act of Parliament is a statute wikt:enacted as primary legislation by a national or sub-national parliament. It is broadly equivalent to an act of Congress in the United States....
 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 legislature in the United Kingdom and British overseas territories....
 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....
s in Scotland
Scotland

conventional_long_name = ScotlandAlba|common_name= Scotland|image_flag = Flag of Scotland.svg|flag_width = 130px...
. In this it followed the pattern introduced in England
England

native_name =|conventional_long_name = England|common_name = England|image_flag = Flag of England.svg|image_coat = England COA.svg|symbol_type = Royal Coat of Arms...
 and Wales
Wales

native_name = Cymru|conventional_long_name = Wales|common_name = Wales|image_flag = Flag of Wales 2.svg|national_motto = ...
 by the Local Government Act 1888
Local Government Act 1888

The Local Government Act 1888 was an Act of Parliament of the Parliament of the United Kingdom, which established county councils and county borough councils in England and Wales....
.

Act provided that a county council should be established in each county, consisting of elected councillors.






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The Local Government (Scotland) Act 1889 (52 & 53 Vict. c. 50) is an Act
Act of Parliament

An act of Parliament is a statute wikt:enacted as primary legislation by a national or sub-national parliament. It is broadly equivalent to an act of Congress in the United States....
 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 legislature in the United Kingdom and British overseas territories....
 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....
s in Scotland
Scotland

conventional_long_name = ScotlandAlba|common_name= Scotland|image_flag = Flag of Scotland.svg|flag_width = 130px...
. In this it followed the pattern introduced in England
England

native_name =|conventional_long_name = England|common_name = England|image_flag = Flag of England.svg|image_coat = England COA.svg|symbol_type = Royal Coat of Arms...
 and Wales
Wales

native_name = Cymru|conventional_long_name = Wales|common_name = Wales|image_flag = Flag of Wales 2.svg|national_motto = ...
 by the Local Government Act 1888
Local Government Act 1888

The Local Government Act 1888 was an Act of Parliament 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 Supply
    Commissioners of Supply

    Commissioners of Supply were established in each of the counties of Scotland in 1667, originally to collect the Land Tax. They later came to carry on much of the local government of their areas, until the establishment of county councils by the Local Government Act 1889....
     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
Secretary for Scotland

The Secretary for Scotland was chief Political minister in charge of the Scottish Office in the United Kingdom government. The post of Secretary of State for Scotland existed briefly after the Acts of Union 1707 of the Parliament of Scotland and the Parliament of England in 1707 till the Jacobite rising of 1745....
 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 Lanark
    Lanarkshire

    Lanarkshire , officially the County of Lanark, was formerly a Counties of Scotland of Scotland.It was bounded to the north by Stirlingshire and a detached portion of Dunbartonshire, to the northeast by Stirlingshire, West Lothian, to the east by Peeblesshire, to the southeast and south by Dumfriesshire, to the southwest by Dumfriesshi...
     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
    Ross-shire

    Ross-shire, or the County of Ross, is a former Counties of Scotland of Scotland. The county bordered on Sutherland, Cromartyshire , Inverness-shire and an exclave of Nairnshire....
     and Cromarty
    Cromartyshire

    Cromartyshire was a Counties of Scotland in the Highlands of Scotland, consisting of a main portion between Sutherland and Ross-shire and a series of exclaves within Ross-shire....
     were to be united "for all purposes whatsoever" as the county of Ross and Cromarty
    Ross and Cromarty

    Ross and Cromarty is a vaguely or variously defined area in the Highlands and Islands of Scotland. There is a registration county and a Lieutenancy areas of Scotland in current use....
    .
  • The boundaries of the counties of Dumbarton
    Dunbartonshire

    Dunbartonshire or the County of Dumbarton, is a Lieutenancy areas of Scotland and a registration county of Scotland. Until 1975 it was a Counties of Scotland....
     and Stirling
    Stirlingshire

    Stirlingshire 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....
     were to be adjusted, so that the entire parishes of Cumbernauld
    Cumbernauld

    Cumbernauld is a new town in North Lanarkshire, Scotland. It was created in 1956 as a population overspill for Glasgow City. It is the eighth most populous settlement in Scotland, the largest in North Lanarkshire, and also larger than two of Scotland's cities, Inverness and Stirling, although being part of the Greater Glasgow urban area....
     and Kirkintilloch
    Kirkintilloch

    Kirkintilloch is a town and List of burghs in Scotland in East Dunbartonshire, Scotland. It lies on the Forth and Clyde Canal, approximately eight miles northeast of central Glasgow....
     were to be in Dunbartonshire
    Dunbartonshire

    Dunbartonshire or the County of Dumbarton, is a Lieutenancy areas of Scotland and a registration county of Scotland. Until 1975 it was a Counties of Scotland....
    . This area remained a detached part until the county council's abolition in 1975.
  • Part of the county of Banff
    Banffshire

    The County of Banff is a registration county for property, and Banffshire is a Lieutenancy areas of Scotland of Scotland.The County of Banff, also known as Banffshire, was a Counties of Scotland of Scotland with its own county council between 1890 and 1975....
     was transferred to the county of Aberdeen
    Aberdeenshire

    Aberdeenshire is one of the 32 unitary authority council areas in Scotland.In this present day Aberdeenshire does not include Aberdeen City which is a Council Area in its own right....
    ; and part of the county of Elgin was transferred to the county of Banff
    Banffshire

    The County of Banff is a registration county for property, and Banffshire is a Lieutenancy areas of Scotland of Scotland.The County of Banff, also known as Banffshire, was a Counties of Scotland of Scotland with its own county council between 1890 and 1975....
    . 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
Secretary for Scotland

The Secretary for Scotland was chief Political minister in charge of the Scottish Office in the United Kingdom government. The post of Secretary of State for Scotland existed briefly after the Acts of Union 1707 of the Parliament of Scotland and the Parliament of England in 1707 till the Jacobite rising of 1745....
 had the power to vary boundaries on the application of a council.

Districts and district committees

Each county (unless it contained fewer 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 from 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.