Record

Reference NoASBcty/8
TitleBanff County Council: Special District records
DescriptionIt should be noted that very few records of the Special Districts survive, and an attempt has been made in catalogue rather to show what districts existed and when they were formed. There is some material on Special Districts in the minutes of the District Committees and District Councils, where those have survived, and rather more in the minutes of the County Council. Reference should be made to those records where none survive for specific Special Districts.
Date1890 - 1906
Extent1 volume
​Open or Restricted AccessOpen
Administrative HistorySpecial districts were bodies set up to enable adoption of certain public health powers, namely water supply, drainage, lighting and scavenging. Special districts for drainage and water supply were allowed under the 1867 Public Health (Scotland) Act, though few in Banffshire were established before the setting up of County Councils in 1890. The Local Government (Scotland) Act, 1889, Section 81 (1), allowed that: "Where a special drainage district or special water supply district has been formed in any parish under the Public Health Acts, the district committee may … appoint a subcommittee for the management and maintenance of the drainage and water supply works, and such subcommittee shall in part consist of persons, whether members of the committee or not, who are resident within the special drainage or special water supply district."

Banff County Council remitted most of its functions regarding Special Districts to its Public Health Committee, but final decisions for capital spending and the formation of Special Districts were taken by the full council. However, in many cases scavenging, drainage, or water supply for a particular area was dealt with by the Public Health Committee without any Special District being established, and by comparison with some of its neighbours, the actual number of Special Districts in Banffshire was very small.

In 1894 the Government intended to amend the Local Government (Scotland) Act in regard (among other things) to lighting and cleaning. The Local Government (Scotland) Act 1894 allowed for the provision of public baths, and for special lighting and scavenging districts to be set up. Lighting districts could take over private lights already established in a district and regulate their lighting times: scavenging districts dealt with street sweeping, public conveniences, collection of refuse and cleaning of ashpits in the area. The 1894 Act also allowed local ratepayers to requisition their own facilities, though they still had to be approved by the County Council.

District Councils, or their predecessors the District Committees, could also recommend the setting up or the extension of a Special District, as could Sanitary Inspectors or Medical Officers of Health. Only the County Council, however, had powers to set them up, extend them, or approve expenditure on capital schemes.

Special districts could adopt further parts of the Burgh Police (Scotland) Act 1892 under the 1908 Local Government (Scotland) Act, including naming streets and numbering houses in their area. Some special water supply districts also took on some responsibility for fire-fighting. The public health measures adopted were funded by a special district rate imposed by the county council, but levied only in the special district. County councils were responsible for the formation, alteration of boundaries, appointment of a management committee, and dissolution of special districts. However, county councils could appoint district councils to oversee management of the special districts within their area.

Management of the huge number of special districts and the burial grounds became unwieldy, and was eventually simplified (at different times in different districts, and in some districts never) by appointing a sub-committee of management for special district areas. These committees wielded the powers awarded to the local water, scavenging, lighting and drainage districts as well as administering the burial grounds. The few management committee records which have survived all cease in summer 1948.

Following the Local Government (Scotland) Act 1947, Banff County Council resolved to appoint "Area Officers" with a wide remit over education, registration, burial grounds, rates and rent collection, national assistance and special districts. District Council clerks then had these duties removed. Also under the Local Government (Scotland) Act, 1947, special districts could be amalgamated.

A centralised water supply scheme had been under consideration in Banffshire since 1930, and by 1944 had come down to a debate over whether the River Avon or the River Deveron would provide a better water supply. However, the subject of water was also being considered nationally. Under the Water (Scotland) Act of 1949, all Special Water Supply Districts were dissolved with effect from 16 May 1949, and the County Council began to levy a domestic water rate centrally to help pay for a county supply. Drainage, scavenging and lighting, however, remained localised in Banffshire, apparently up to the abolition of County Councils under the Local Government (Scotland) Act, 1974.
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