| Administrative History | District councils were established under the Local Government (Scotland) Act 1929. By this Act, county councils were required to prepare and submit to the Secretary of State for Scotland a scheme dividing the landward part of the county into districts, in such a manner that each district should comprise one or more electoral divisions. A district council was to be established for every district and was to consist of the members specified in the district council scheme. In the County of Kincardine, the five existing District Committees were adopted as the administrative areas required by the Local Government (Scotland) Act, 1929.
The members of the county council for the electoral divisions within the district were ex officio members of the district council, and the other members were elected for the electoral divisions within the district or for wards forming part thereof as was provided in the scheme.
The district council was incorporated under the name of the county council and was entitled to exercise and perform its statutory duties without reference to, and without the approval of the county council. It also had to appoint a clerk. The provisions of the Local Government (Scotland) Act, 1894, formerly applicable to parish councils, with respect to meetings, conduct of business, quorum, filling of casual vacancies, the chairman of the council and of meetings, disqualification of councillors, appointment of committees, payments and receipts, budget, and absence of councillors from meetings, now applied to the district councils.
The following functions of the former parish council of each landward parish, and of each parish containing a landward part, were transferred to the district council -
a) to provide and acquire buildings for public offices and for meetings or other purposes connected with district council business.
b) to provide or acquire, maintain, and lay out ground for public recreation - power akin to the power possessed by town councils for providing public parks.
c) to acquire any right of way, whether within their own district or in an adjoining district, the acquisition of which is beneficial to the district or any part thereof.
d) to accept and hold gifts of property for the benefit of the district.
e) to repair and maintain all or any of the public ways (not being highways or footpaths within the meaning of the Roads & Bridges (S) Act, 1878) within the district.
f) to administer parish trusts under Part V of the Act of 1894 (exceptions given)
g) to lease land for allotments under the Allotments Acts.
h) to object to the granting or renewal of certificates of registration of clubs under section 79 of the Licensing (Scotland) Act, 1903.
i) to contribute towards the cost of the provision of postal and telegraph facilities in any place within their district under section 49 of the Post Office Act, 1908.
A county council could appoint a district council to act as their agents to carry out any function (other than a function relating to education or police) vested in the county council and exercisable within the district. A function involving medical or surgical treatment could not be so delegated without the consent of the Central Department.
District councils were abolished on 15 May 1975 under the Local Government (Scotland) Act, 1973, and their functions largely taken over by the new district councils. |