Burgh Police (Scotland) Act 1903
| Jurisdiction | UK Non-devolved |
| Citation | 1903 c. 33 |
| Year | 1903 |
Burgh Police (Scotland) Act, 1903.
(3 Edw. 7.) CHAPTER 33.
An Act to amend the Law relating to the Administration of Burghs in Scotland.
[14th August 1903]
W HEREAS it is expedient to amend the law relating to the administration of burghs in Scotland:
Be it therefore enacted by the King'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:
Preliminary.
Preliminary.
1 Short title.
1. This Act may be cited as theBurgh Police (Scotland) Act, 1903.
2 Application.
2. This Act shall apply to Scotland only.
3 Construction.
3. This Act shall be read and construed as one Act with the Burgh Police (Scotland) Act, 1892(herein-after called the principal Act), so far as consistent with the tenor of this Act and the principal Act respectively, and this Act and the principal Act, the Burgh Police (Scotland) Act, 1893, and the Burgh Sewerage, Drainage and Water Supply (Scotland) Act, 1901, may be cited as the Burgh Police (Scotland) Acts, 1892 to 1903.
4 Division into Parts.
4. This Act is divided into Parts as follows:—
Part I.—(General.)
Part II.—(Adoptive.)
Part III.—(Miscellaneous and Supplemental.)
Part I.—(General.)
Register of Streets.
5 Register and plan of streets.
5. The town council of every burgh shall, on or before the first day of October in the year nineteen hundred and four or as soon as conveniently may be thereafter, cause a register to be prepared of all the streets then in existence in the burgh, in which shall be entered the following particulars with regard to each street, namely:—
(1) The name:
(2) The situation by reference to numbers or other marks on the plan after mentioned:
(3) The point of commencement and termination:
(4) The width of the street and the position of the centre line:
(5) The character, whether an ordinary street, a highway under the Roads and Bridges (Scotland) Act, 1878 , a lane or a court, and whether public or private or of any other character or description:
(6) Any other particulars not affecting rights of property which the town council may prescribe.
The town council shall further, on or before the date of completion of the register, cause the said streets and the centre line thereof to be marked and the area thereof coloured, upon an Ordnance Survey plan of the largest available scale or on a plan of any greater scale prescribed by them. In fixing the centre line regard may be had to the street as originally laid out and apart from subsequent alterations of the building lines.
6 Notice of completion of register and plan.
6. The said register and plan shall on completion be placed in the office of the town clerk or other public office of the town council, where they shall remain open for inspection at all reasonable hours by all persons interested for a period of three months from the date of the first insertion of the notice herein-after mentioned. The town council shall insert a notice, at least once a week, for three successive weeks, in one or more newspapers circulating in the burgh, intimating the completion of the register and plan and the time and place where the same may be inspected, and further intimating that any person who may be dissatisfied with any entry or marking therein or omission therefrom or with any alteration made therein by the town council upon a representation in terms of the immediately succeeding section, may, within the said period of three months, appeal to the sheriff or Court of Session, and that the said register and plan shall be deemed at the expiry of such three months to fix conclusively the particulars referred to in the immediately preceding section (which section shall be recited at length in the notice) with regard to every street in the burgh, unless in so far as the same may be altered on appeal or otherwise under this Act. The town council shall further, within fourteen days from the date. of the first insertion of the foresaid notice, cause a copy thereof to be sent by post to every owner of lands and, heritages in the burgh, appearing in the valuation roll at his address as given therein.
7 Appeal against entries in register and plan.
7. Any person who may be aggrieved by any entry, marking or omission in the said register or plan or by any alteration made therein by the town council, upon a representation in terms of this section, may, within the said period of three months, appeal to the sheriff or to the Court of Session against the same, and the appeal court shall deal with such appeal in the manner provided by the three hundred and thirty-ninth section of the principal Act, and may, after such notice as the court may consider necessary, order any entry or marking in the said register or plan to be deleted or altered, or direct such other or further entry or marking to be made therein as the court shall think fit: Provided that, where the appeal is taken to the sheriff, either party may, within fourteen days from the date of his decision, appeal thereagainst to the Court of Session, whose decision shall be final. Where any appeal is taken or where, within the said period of three months, any representation is made to the town council with regard to any entry, marking or omission, they may make any alteration on the said register or plan which may appear to them necessary in consequence thereof.
8 Register and plan to be conclusive evidence.
8. The said register and plan, with any alteration or addition that may be made on appeal or representation, as aforesaid, or that may thereafter be made by virtue of this Act, shall be docqueted by the town clerk and shall, unless in so far as altered as after mentioned and subject to any right to compensation under the Burgh Police Acts, conclusively fix the character, area, centre line and other particulars, prescribed as aforesaid, of the streets therein entered. The said register and plan shall be deposited with such official as the town council may from time to time appoint, and the same or a copy thereof, docqueted as aforesaid, shall be open for inspection by any person interested, during such hours and on payment of such fee not exceeding one shilling for each inspection as the town council may from time to time fix. A copy, certified by the custodier, of any entry in the register or of any portion of the plan shall be furnished to any applicant, on payment of such fee as the town council may prescribe, and shall be received as evidence in all courts.
9 Alterations on register and plan.
9. In the event of any street being extended or wholly or partially closed up, or of its area being otherwise altered or of its name being changed, or of any new street being authorised or laid out, or of any private street, lane or court being taken over as public, or of the character of any street being otherwise altered, or other change of circumstances occurring, or in the event of any error or omission being discovered, or in the event of the omission to send notice to any owner interested, the burgh surveyor shall, and any other person having interest may, make application to the dean of guild court or, where there is no such court, to the town council, for warrant to make such alterations on or additions to the said register and plan as may be necessary in the circumstances, and the town council or dean of guild court, as the case may be, may, after such advertisement or other intimation to parties interested as they may deem proper, direct such alterations or additions to be made as they may consider just, and the same shall be made accordingly, provided that any deliverance of the town council shall be subject to appeal as before mentioned, and any deliverance of the dean of guild court shall be subject to the same appeal as is applicable to the ordinary judgments thereof. The town council may, if they see fit, by special order as defined in the principal Act, resolve that applications under this section shall be made to them and not to the dean of guild court.
10 Mistakes, not to affect validity.
10. The validity of the said register and plan shall not be affected by any misnomer, mistake or informality in the foresaid proceedings, or by the omission to send the foresaid notices to any owner.
Other Provisions as to Streets.
Other Provisions as to Streets.
11 Petition for warrant to form new streets.
11. Every person who intends to form or lay out any new street, or to widen, extend or otherwise alter any street, shall present a petition for warrant to do so to the town council, and along with the same he shall lodge a plan of the street as proposed to be laid out or altered, with longitudinal and cross sections, showing the proposed centre, building and kerb lines, and also the inner lines of the footway where these differ from the building lines, showing also the levels and means of drainage, specifying the proposed material and mode of construction, and having marked upon it the names of all persons owning the street or any ground abutting thereon affected by the proposal and appearing in the valuation roll. A copy of said petition shall be served by the petitioner upon all such owners and also upon the burgh surveyor, and the town council shall within fourteen days from the presentation of the petition afford the petitioner and all other parties interested an opportunity...
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