Local Government (Financial Provisions) (Scotland) Act 1954
| Jurisdiction | UK Non-devolved |
| Citation | 1954 c. 13 |
| Year | 1954 |
Local Government (Financial Provisions) (Scotland) Act , 1954
(2 & 3 Eliz. 2) CHAPTER 13
An Act to make provision with respect to the payment of Exchequer Grants to local authorities in Scotland in lieu of the grants payable to such authorities under Part II of the Local Government Act, 1948; with respect to the apportionment of the expenditure of county councils among burghs and landward areas, of the expenses of joint committees and other joint bodies among their constituent authorities, and of the payments made under Part V of the said Act of 1948, for the benefit of local authorities in Scotland by the British Transport Commission, the British Electricity Authority and the North of Scotland Hydro-Electric Board among those local authorities; and for purposes connected with the matters aforesaid.
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:—
Exchequer Grants
1 Discontinuance of grants under Part II of Act of 1948, and provision for payment of grants in lieu thereof.
(1) In respect of the year 1953-54 and of any subsequent year—
(a ) no grants shall be paid to local authorities under Part II of the Act of 1948; and
(b ) in lieu thereof there shall be paid in accordance with the subsequent provisions of this Act to local authorities grants out of moneys provided by Parliament (in this Act referred to as ‘Exchequer Grants’) amounting in the aggregate to a sum equal to eleven-eightieths of the total amount certified by the Minister of Housing and Local Government to have been paid in respect of the twelve months ending on the thirty-first day of March falling within the year in question to local authorities in England and Wales by way of Exchequer Equalisation Grants under Part I of the Act of 1948.
(2) Any sums which have before the commencement of this Act been paid out of moneys provided by Parliament to any local authority in pursuance of Part II of the Act of 1948 in respect of the year 1953-54 shall be applied in or towards the satisfaction of any Exchequer Grants payable to that authority in pursuance of this Act in respect of that year.
(3) Where the amount payable by the town council of a small burgh to the council of the county in which the burgh is situated in pursuance of any requisition under section two hundred and fourteen of the Local Government (Scotland) Act, 1947, made in respect of the year 1953-54 but before the commencement of this Act, exceeds or falls short of the amount which the town council would have been required to pay if the requisition had been made after the commencement of this Act, the county council shall, before the end of the year 1953-54, repay to the town council an amount equal to the excess, or, as the case may be, require the town council by a supplementary requisition to pay to them an amount equal to the deficiency, and the provisions of the said section two hundred and fourteen shall, subject to the provisions of any regulations made in accordance with this subsection and to any necessary modifications, have effect in relation to any such supplementary requisition as they have effect in relation to a requisition made under that section:
Provided that, if and so far as the Secretary of State so provides by regulations made by virtue of the power conferred on him by section thirty-one of the Act of 1948, any sums due to or by a council under the foregoing provisions of this subsection may be paid to, or recovered from, the council by way of adjustment of the amount of any Exchequer Grant payable to the council in pursuance of this Act in respect of the year 1953-54.
2 Exchequer Equalisation Grants to local authorities for year 1953-54.
(1) Where for the year 1953-54 the adjusted rateable value for a county or for a large burgh is less than the standard rateable value for that county or large burgh there shall (subject to the provisions of sections one and seven of this Act) be paid to the council of the county or to the town council of the large burgh an Exchequer Grant equal to the relevant fraction of the amount of the difference.
(2) The said difference is in the subsequent provisions of this Act referred to as the rateable value credited to the county or the large burgh, as the case may be.
(3) Exchequer Grants under this and the next following section are in the subsequent provisions of this Act referred to as ‘Exchequer Equalisation Grants’.
3 Exchequer Equalisation Grants to local authorities for year 1954-55 and subsequent years.
(1) Where for the year 1954-55 or any subsequent year the adjusted rateable value for the landward area of a county, for a large burgh or for a small burgh is less than the standard rateable value for the landward area of that county or for that burgh there shall be paid to the council of the county or the town council of the burgh an Exchequer Equalisation Grant equal to the relevant fraction of the amount of the difference.
(2) The said difference is in the subsequent provisions of this Act referred to as the rateable value credited to the landward area of the county, to the large burgh or to the small burgh, as the case may be.
4 Meaning of ‘adjusted rateable value’ and ‘standard rateable value’.
(1) The adjusted rateable value of a county, of the landward area of a county or of a burgh for any year, for the purposes of this Act, is the amount which would be the rateable value of that county, area or burgh for that year if in the valuation roll in force therefor on the first day of that year every local authority house were entered at a rateable value of such amount as the Secretary of State may determine to be the average age rateable value for the year preceding that year of all local authority houses in Scotland.
In this subsection the expression ‘local authority house’ means any house or dwelling in respect of which a local authority is, by section one hundred and thirty-seven of the Housing (Scotland) Act, 1950, required to keep a housing revenue account, being a house or dwelling erected by a local authority in exercise of powers conferred on them by paragraph (a ) of subsection (1) of section sixty-one of the said Act of 1950, or any corresponding provision of any Act repealed by that Act or by the Housing (Scotland) Act, 1925, or being a structure made available to the local authority under the provisions of the Housing (Temporary Accommodation) Act, 1944.
(2) The standard rateable value of a county, of the landward area of a county or of a burgh for any year, for the purposes of this Act, is the amount which bears to the weighted population of that county, area or burgh for that year the same proportion as the governing factor determined for that year by the Secretary of State in accordance with the provisions of subsection (4) of this section bears to the aggregate of the weighted populations of all the counties and of all the large burghs in Scotland for that year.
(3) In this section the expression ‘the weighted population’ means—
(a ) in relation to a large burgh, the population thereof plus the number of children under fifteen years of age therein;
(b ) in relation to a county, the population thereof plus—
(i) the number of children under fifteen years of age therein, and
(ii) twice the number of persons by which the increase of the population of the county during the period of five years immediately preceding the year in question exceeds one twentieth of the population of the county in the first year of the period of five years aforesaid, and
(iii) in the case of a county the population whereof divided by the road mileage thereof is less than seventy, one third of the additional population needed in order that the population thereof divided by the road mileage thereof should be seventy;
and
(c ) in relation to the landward area of a county or to a small burgh, the population thereof plus—
(i) the number of children under fifteen years of age therein; and
In computing for the purposes of this subsection any increase in the population of a county no account shall be taken of any members of the armed forces of the Crown within the meaning of the Crown Proceedings Act, 1947, or of a visiting force within the meaning of the Visiting Forces Act, 1952, who may be located therein only because of their duty as such.
(4) The governing factor to be used in accordance with subsection (2) of this section in respect of any year shall be determined by the Secretary of State, and shall be so determined that its use as aforesaid will result as nearly as may be in the distribution to local authorities of that part of the amount available by virtue of section one of this Act for the payment of Exchequer Grants in respect of that year which remains after payment of the grants payable under section six of this Act.
5 Meaning of ‘the relevant fraction’.
(1) The relevant fraction for a county, for the landward area of a county or for a burgh for the...
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