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History, Aims and Objects
Circumstances giving rise to its formation
The Local Government (Scotland) Act of 1889 set up a new body in Counties called "a County Council or the Council of a County" to which was entrusted the management of the administrative and financial business of the County. No doubt these new bodies in the years following the passing of the 1889 Act felt the need for discussing with representatives of other County Councils the functions which had been entrusted to them by the Act and also the need for the setting up of some body to pool their wisdom and act as the spearhead in protecting their interests and taking other necessary action on behalf of Scottish County Councils generally. It was not, however, until 1894 that action was taken to set up such a body. On 14th June 1894, a meeting of representatives of Scottish County Councils was held in Edinburgh for the purpose of setting up the Association at which 19 County Councils were represented and at which the Constitution for the Association was approved.
Membership
At the meeting on 14th June 1894, it was intimated that the following County Councils had agreed to affiliate to the Association:-
Aberdeen
Forfar (now Angus)
Argyll
Ayr
Berwick
Bute
Caithness
Clackmannan
Dumfries
Dunbarton
Haddington (now East Lothian)
Fife
Kirkcudbright
Lanark
Midlothian
Peebles
Perth
Renfrew
Ross and Cromarty
Roxburgh
Selkirk
Stirling
Linlithgow (now West Lothian)
It was also intimated that the County Councils of Banff, Elgin (now Moray), Kincardine, Nairn, Sutherland and Wigtown had declined to affiliate and that no replies had been received from Inverness, Kinross, Orkney and Shetland. All the Scottish County Councils who refrained from affiliating at the inception of the Association subsequently affiliated as follows:-
Inverness in 1900
Wigtown in 1901
Sutherland in 1902
Elgin (now Moray) in 1903
Kinross in 1906
Nairn in 1908
Kincardine in 1912
Banff in 1919
Orkney in 1935
Zetland in 1935
All Scottish County Councils are now, therefore, affiliated to the Association.
Objects
The objects of the Association were expressed in the Constitution as originally framed as follows:-
"The object of the Association is, by complete organisation, more effectually to watch over and protect the interests, rights and privileges of County Councils as they may be affected by legislation, public or private, of general application to Counties and in other respects to take action in relation to or in connection with any other subjects arising under the Local Government (Scotland) Act, 1889, or any Acts amending the same or as affecting Local Government generally." As is to be expected, changes brought about during the years since the formation of the Association have necessitated changes in the Association's Rules. Under the existing Rules, the objects of the Association are expressed to be as follows:-
"The objects of the Association are to promote, watch over and protect, as regards functions, powers and duties in respect of which the several County Councils are members of the Association, the interests, rights and privileges of the members of the Association as these may be affected by legislation or proposed legislation, public or private, of general application; to obtain, consider and disseminate information on matters of importance and common interest to the members; and in other respects to take such action as may be desirable in relation to any subjects which concern generally the functions, powers and duties of the members."
Finance
In 1894 Parliament passed a short Act (entitled The County Councils Association (Scotland) Expenses Act, 1894) which empowered County Councils to pay out of the general purposes rate as general expenses incurred by them in the execution of their duties under the Local Government (Scotland) Act, 1889, any sum not exceeding £30 in any one year as an annual or other subscription to the funds of the Association as well as any reasonable expenses of the attendance of representatives, not exceeding in any case, 4, at meetings of the Association. Under this Act, the Association fixed a scale of subscriptions based on population. The total from these subscriptions in the year 1895 - the first year of the Association's existence - amounted to £235. As will be appreciated with the development of the Association and with the expansion of its work, it was not long before arrangements had to be made to enable the affiliated County Councils more adequately to finance the Association. The scale of subscriptions was from time to time altered within the limits permitted by the Association's Act of 1894. Prior to 1935, it was found that the limit of £30 laid down in the 1894 Act did not permit of the Association obtaining adequate subscriptions to meet its needs. By 1935 County Councils had become, under the Local Government (Scotland) Act of 1929, the Education Authorities within their respective Counties. The Association of County Councils in Scotland accordingly took over the activities which had formerly been carried on by the Association of Education Authorities. This necessitated a considerable expansion in the Association's work with consequent need for additional funds. To meet this position, authority was obtained from the Scottish Education Department, under the Education Authorities (Scotland) Contributions to Associations Regulations, 1934, to the affiliated County Councils to pay in addition to their annual subscriptions, an education subscription of a prescribed sum. As time went on, it was again found that these financial arrangements were insufficient to meet the Association's needs and in 1946 Parliament passed The Association of County Councils (Scotland) Act, 1946, which now regulates the amount of the annual contributions which the Association may levy on the affiliated County Councils in any one year. The 1946 Act lays down that the expenses of the Association in any year shall, to an amount not exceeding the sum which would be produced by the levy of a rate of one-twelfth part of a penny in the pound on the rateable valuation in the year preceding that year of all the Counties (inclusive of all the Burghs situate therein) in Scotland, be defrayed by the County Councils of those Counties in accordance with the provisions of the Act. By the Association of County Councils (Contributions) (Scotland) Order, 1956, the annual subscriptions levied on the affiliated County Councils are as from 1957/58 based on standard rateable or rateable value, whichever is the higher.
Presidents
A list of the Presidents of the Association since its inception is appended to these Notes. It is interesting to note that at the first meeting on 14th June 1894, Lord Balfour of Burleigh was appointed as the first President. At a meeting of the Executive Council of the Association held on 9th September 1895, Lord Balfour intimated his resignation of the office of President on his appointment as Secretary for Scotland.
Expansion of Association's Work
It will be obvious to everyone connected with Local Government that the expansion of work entrusted to County Councils since their constitution in 1889 and the additions to their duties of many other functions, has necessitated a corresponding increase in activity on the part of the Association. The Minutes of the Association disclose that in 1895 - the year after the Association's formation - only the Annual Meeting, a Special Meeting of the Association and three Meetings of the Executive Council were held. By 1949 the original Executive Council had been replaced by three Executive Committees dealing respectively with (a) Education, (b) Health and Welfare, and (c) Police, Roads and Other Subjects. In 1949, the Association held its Annual Meeting, four Meetings of the Education Committee, 11 Meetings of the Health and Welfare Committee and 11 Meetings of the Police, Roads and Other Subjects Committee. In the same year, something in the region of 100 Meetings of Sub-Committees, Deputations to Government Departments and Deputations to give Evidence before Committees of Enquiry were held.
Staffing
From its inception until 5th April 1945, the Secretaryship and Treasurership of the Association was a part-time appointment held by the same individual, the remuneration for which covered the provision of the necessary staff and office accommodation. As from 5th April 1945, the Association decided to make the appointment of Secretary and Treasurer a full-time appointment and to provide the necessary office accommodation, staff and equipment. The Association has throughout its existence, been greatly indebted to Midlothian County Council for the use of that County Council's meeting accommodation for meetings of the Association. In 1949, the Association purchased the premises at 3 Forres Street which are occupied by them as offices and meeting accommodation. The Annual Meeting of the Association is still held in Midlothian County Buildings.
Present set-up of the Association
Each County Council is entitled to appoint three representatives to the Association. Additional representatives are allowed to County Councils whose annual contributions to the Association are in excess of a specified figure. The Clerks to the affiliated County Councils are entitled to attend all meetings of the Association and its Executive Committees and to take part in the proceedings of such meetings but have no right to vote except in the absence of any one of the representatives of their respective County Councils. The whole business of the Association is under the management of three Committees with executive powers to deal with matters relating respectively to (a) Education, (b) Health and Welfare, and (c) Police, Roads and Other Subjects. Each of these Executive Committees consists of one representative from each of the affiliated County Councils. Certain of the larger Counties may have two representatives on some of these Executive Committees. The present practice is that the Health and Welfare and Police, Roads and Other Subjects Committees meet monthly with the exception of August, and the Education Committee meets bi-monthly. In order that proper action may be taken in any emergency, when it is not practicable to convene a meeting of the appropriate Executive Committee, the Association has, within recent years, made provision for and appointed an Emergency Committee. The Emergency Committee is required to report its proceedings as soon as possible to the appropriate Executive Committee. The Emergency Committee consists of the President, the Vice-President, the Chairmen of the Executive Committees or their respective nominees and five County Clerks who are appointed each year at the Annual Meeting of the Association. The Association also appoints a Standing Committee of County Clerks consisting of ten County Clerks of whom two retire annually by rotation and are not eligible for re-election until after one year. The Executive Committees may refer any matter coming before them to the Standing Committee of County Clerks for report. The Standing Committee are also empowered under the Rules to consider any new legislation which may be introduced from time to time and may report thereon to the appropriate Executive Committee of the Association. The Rules also provide that the Association or any Executive Committee may invite each or any of the Associations or Societies of Principal Officers or of Principal Departmental Officers of the County Councils to appoint from their own members not more than three representatives (1) to attend, on invitation, meetings of Committees or of Sub-Committees, and (2) to whom matters coming before the Association can be referred for report. Such representatives of Associations or Societies of Officers may take part in the proceedings at meetings which they attend but are not entitled to vote. As much of the business coming before the Association is highly technical in character, very considerable advantage is taken of consultation with Technical Officers provided for in this way. From the foregoing set-up, it will be seen that the Association is in a position readily to bring to bear on any matter coming before it, not only the combined experience of elected members of all Scottish County Councils but also the professional and technical knowledge of experienced Local Authority Officials of all kinds.
Work of the Association
One of the most important activities of the Association is to make available, in connection with the formulation and drafting of legislation, the great knowledge and experience of Scottish Local Government which it can command. There are many stages at which the Association's influence can be brought to bear in this connection. County Councils bring to the notice of the Association matters which require alteration by legislation and the Association, if satisfied as to the necessity for such legislation, takes up the matter with the appropriate Department or the appropriate Minister. Opportunity is afforded to the Association to give Oral Evidence before Royal Commissions and Committees of Enquiry dealing with matters affecting Local Government and frequently the Secretary of State consults the Local Authority Associations on the broad principles of legislation which the Government consider should be introduced following on the Reports of Royal Commissions or Committees of Enquiry. The Association gives very careful consideration to all Bills introduced into Parliament which affect Scottish County Councils and takes appropriate action on each of these Bills. The Central Departments consult the Association regarding most of the Statutory Instruments affecting Local Government in Scotland while these are in draft - indeed recently the practice has been adopted on several occasions that the Associations of Local Authorities nominate representatives to assist in drafting the Statutory Instruments. This practice was followed in particular in regard to the many sets of complicated Regulations required to be made under the Town and Country Planning (Scotland) Act, 1947. One of the objects of the Association as set forth in its Rules is to obtain, consider and disseminate information on matters of importance and common interest to the members. One of the methods by which effect has been given to this object of the Association is by the publication annually since 1894 of the Association's Manual which contains Cases decided during the year in the Scottish and English Courts relating to Local Government matters, Memorials to Counsel with Opinions thereon, Road Statistics for the year and certain other matters. In recent Acts, provision has been made for the Association nominating persons to serve on various Committees. The Constitutions of many non-statutory bodies also provide for the Association nominating representatives to these bodies. Through these representatives the views of the Association are expressed on many different bodies. The Association is a purely advisory body and no view which it may express or decision which it may make can bind any of the affiliated County Councils. While this is so, these views or decisions are entitled to weight as being representative of County Council opinion generally throughout Scotland. While the Association is advisory only, considerable weight is given by the affiliated County Councils to its views and recommendations and this tends to achieve a measure of uniformity of practice amongst the affiliated County Councils.
Postscript
County Councils in Scotland were replaced from May 1975 by the new local authorities in terms of the Local Government (Scotland) Act, 1973. The functions of all former local government associations were taken over by the Convention of Scottish Local Authorities, from which some of the records of the former Association of County Councils were received.
LIST OF PRESIDENTS
1894 - 1895 - The Rt. Hon. Lord Balfour of Burleigh (Clackmannan)
1895 - 1899 - Mr. C. Bind Renshaw, M.P. (Renfrew)
1899 - 1900 - Mr. A. M. Gordon (Aberdeen)
1900 - 1902 - Mr. M. J. H. Maxwell of Munches M.P. (Kirkcudbright)
1902 - 1904 - Mr. George Younger (Clackmannan)
1904 - 1906 - The Rt. Hon. the Earl of Elgin, K.G. (Fife)
1906 - 1908 - Mr. Johnstone Douglas (Dumfries)
1908 - 1910 - The Rt. Hon. the Earl of Camperdown (Forfar)
1910 - 1912 - Mr. C. H. Scott Plummer (Selkirk)
1912 - 1914 - Sir Ralph W. Anstruther (Fife)
1914 - 1916 - Col. King Stewart (Lanark)
1916 - 1918 - Sir Archibald Buchan Hepburn (East Lothian)
1918 - 1920 - Sir Kenneth J. Mackenzie, Bart. (Ross and Cromarty)
1920 - 1922 - Mr. H. Cavan Irving (Dumfries)
1922 - 1924 - Colonel Bolton (Stirling)
1924 - 1926 - His Grace The Duke of Roxburghe (Roxburgh)
1926 - 1928 - Colonel J. J. George (Banff)
1928 - 1930 - Mr. J. Harling Turner (Ayr)
1930 - 1932 - Mr. William Low (Kincardine)
1932 - 1933 - The Rt. Hon. Lord Lovat (Inverness)
1933 - 1935 - Mr. H. S. Gladstone (Dumfries)
1935 - 1937 - The Rt. Hon. the Earl of Caithness (Aberdeen)
1937 - 1938 - The Rt. Hon. Lord Polwarth (East Lothian)
1938 - 1940 - Capt. T. Watt (Lanark)
1940 - 1942 - Sir Harry Hope, Bart. (Angus)
1942 - 1944 - Brig.-Gen. Crosbie (Fife)
1944 - 1946 - Col. Sir Donald W. Cameron of Lochiel (Inverness)
1946 - 1948 - Major G. H. M. Broun Lindsay (East Lothian)
1948 - 1950 - Sir Ronald J. Thomson (Peebles)
1950 - 1952 - Mr. (afterwards Sir) John Mann (Lanark)
1952 - 1954 - Sir George McGlashan (Perth)
1954 - 1956 - Rev. J. A. Fisher (Kirkcudbright)
1956 - 1958 - Colonel Sir James M. Miller (Berwick)
1958 - 1960 - The Rt. Hon. Lord Macdonald (Inverness)
1960 - 1962 - Dr. J.W. Macfarlane (Renfrew)
1962 - 1964 - Mr. J.C. Dougall (Perth)
1964 - 1966 - Colonel G.G.M. Batchelor (Kirkcudbright)
1966 - 1968 - The Rt. Hon. Lord Stratheden (Roxburgh)
1968 - 1970 - Mr W. S. Scott (Dunbarton)
1970 - 1972 - Mr J.F. Niven (Wigtown)
1972 - 1974 - Mr G. Sharp (Fife)
1974 - 1975 - Mr. P. M. Robertson (Aberdeen) |