Local Government (Development and Finance) (Scotland) Act 1964
Local Government(Development and Finance)(Scotland) Act 1964
1964 CHAPTER 67
An Act to enable local authorities in Scotland to develop, and assist in the development of, land and to make provision for the disposal of litter and the advertising of amenities; to empower such authorities to set up certain capital funds and renewal and repair funds, to borrow by means of bonds and to allow discount for early payment of rates; and for purposes connected with the matters aforesaid.
[31st July 1964]
Be it enacted by the Queen's most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:—
Part I
Development
1 Power to develop land.
(1) A local authority may, for the benefit or improvement of their area, erect any building and construct or carry out works on land.
(2) The consent of the Secretary of State shall be requisite to the carrying out of an operation under the power conferred by the foregoing subsection; and any such consent may be given—
(a ) either in respect of a particular operation or in respect of operations of any class,
(b ) either in respect of a particular local authority or in respect of local authorities of any class, and
(c ) either subject to or free from conditions or limitations.
(3) For the purpose of enabling him to determine whether he shall give the consent mentioned in the last foregoing subsection, the Secretary of State may direct such advertisement by the local authority as appears to him to be desirable.
(4) Nothing in this section shall prevent the exercise by a local authority of power to develop land under section 19 of the Town and Country Planning (Scotland) Act 1945 (which gives power to develop land held under that Act for planning purposes).
2 Additional power to develop land.
(1) Notwithstanding anything contained in section 1 of this Act, a local authority may, for the purpose of—
(a ) preserving or enhancing the natural beauty of land in their area, or
(b ) enabling land in their area to be brought into use or restoring or improving its appearance, where the land appears to them to be derelict, neglected or unsightly,
carry out such work as appears to them to be expedient.
(2) Without prejudice to the generality of the foregoing subsection, a local authority may—
(a ) for the purpose of enabling members of the public to enjoy the countryside,
(i) provide on land in their area picnic places, footpaths, seats, shelters, public conveniences, viewpoint stances and indicators, and
(ii) provide passenger ferries;
(b ) for the purpose of enabling members of the public to engage in boating, fishing, water sports, or similar activities, provide piers, jetties, boatslips, landing places and landing stages.
Nothing in this subsection shall authorise the carrying out of any operation in contravention of section 34 of the Coast Protection Act 1949 (which provides for the restriction of works detrimental to navigation).
(3) In this section—
‘footpath’ includes gates, stiles, steps, bridges and other ancillary works;
‘indicator’ includes signposts, milestones, plaques, panoramic drawings and other means of indicating landmarks, together with any necessary mountings therefor;
‘picnic places’ includes equipment ancillary thereto;
‘provide’ includes maintain and improve.
3 Powers supplementary to sections 1 and 2.
(1) The powers conferred by sections 1 and 2 of this Act—
(a ) may be exercised by a local authority either on land belonging to them, or, with the consent of all persons having an interest therein, on other land; and
(b ) shall include power to manage any land so far as relates to anything done thereon by or on behalf of the local authority and to maintain any works carried out under the said powers.
(2) Where a local authority exercise their powers under either of the said sections on land not belonging to them, any power conferred by those sections or by paragraph (b ) of the foregoing subsection shall include power—
(a ) to make arrangements by agreement for the exercise of the power on behalf of the local authority by some other person on such terms as may be specified in the agreement, and
(b ) to make an agreement with persons having an interest in the land fixing the terms on which the local authority will exercise their said powers.
(3) The terms mentioned in the last foregoing subsection shall include, where appropriate, provision for securing public access to the land on which any works will have been carried out or facilities provided under the said powers and generally for safeguarding the interest of the public in any such works or facilities.
4 Disposal of litter.
(1) A local authority may provide and maintain receptacles for the deposit of litter (in this section referred to as ‘litter bins’), and may within their area set up litter bins in any place situated—
(a ) in or adjacent to any road maintainable, or public way maintained, by them, or
(b ) on any land owned or occupied by them.
(2) A local authority shall from time to time empty and cleanse any litter bins set up by them under the foregoing subsection, and may so deal with any other litter bins set up in any place in their area, being a place situated as mentioned in the last foregoing subsection; and they may in such manner as they think fit remove and dispose of litter taken from such litter bins or any litter found lying in any such place.
(3) For the purpose of the exercise of their powers under the last foregoing subsection a local authority may provide and use such plant or apparatus for treating or disposing of litter as they may think necessary.
(4) The powers conferred on a local authority by this section shall be exercisable in relation to any place in their area which is not situated as mentioned in subsection (1) of this section, but in relation to such a place the powers shall be so exercisable—
(a ) only with the consent of all persons having an interest in the land on which the place is situated;
(b ) on such terms as may be arranged between the local authority and those persons.
(5) A local authority may arrange by agreement for any power conferred or duty imposed on them by this section to be exercised or performed on their behalf by some other person on such terms as may be specified in the agreement.
(6) The provisions of this section shall have effect in substitution for the corresponding provisions of any local enactment regarding the provision of litter bins and the removal and disposal of litter by a local authority, and every such corresponding provision shall cease to have effect.
(7) In this section, ‘litter’ includes derelict vehicles, vessels or scrap metal and rubbish of any description.
5 Power to advertise amenities.
(1) County councils shall have the like powers as are conferred on town councils by section 1 of the Local Authorities (Publicity) Act 1931 (which empowers a town council to contribute to organisations advertising amenities), and accordingly there shall be added at the end of subsection (2) of that section the words ‘or a county council’.
(2) County councils and district councils shall have the like powers as are conferred on town councils by section 1 of the Health Resorts and Watering Places Act 1936 (which empowers a town council to advertise the amenities of the burgh), and accordingly section 1(1) of that Act shall have effect as if references therein to the council of a burgh and to a burgh included—
(a ) references respectively to a county council and the landward part of a county, and
(b ) references respectively to a district council and a district.
(3) The proviso to section 1(1) of the said Act of 1936 (which prevents a council from advertising amenities in any newspaper published in their area) shall cease to have effect.
(4) So much of subsection (3) of section 191 of the Local Government (Scotland) Act 1947 as relates to expenditure under the said Acts of 1931 and 1936 (but not the proviso to the said subsection (3)) shall apply with any necessary modifications in relation to expenditure incurred by a county council or district council under those Acts as extended by this section, as it applies to expenditure incurred by a town council under those Acts.
6 Supplementary provisions.
(1) A local authority may make contributions towards expenditure incurred or to be incurred by any other local authority or by any voluntary organisation in the doing of anything which could have been done under this Part of this Act by the first-mentioned local authority, and a local authority may receive from any other person contributions towards expenditure incurred or to be incurred by them under this Part of this Act.
In this subsection ‘voluntary organisation’ means any body of persons, whether corporate or...
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