Local Government (Boundaries and Special Powers) (Scotland) Act 2017 1

MODEL
SCOTTISH PARLIAMENT

Local Government (Boundaries and Special

Powers) (Scotland) Act 2017
2017 asp 12

The Bill for this Act of the Scottish Parliament was passed by the Parliament on 8th
November 2017 and received Royal Assent on 12th November 2017

An Act of the Scottish Parliament to separate certain large local authorities; devolve special
powers to certain local authorities; and for connected purposes.

1 North Lanarkshire Council

(1) North Lanarkshire Council ceases to exist.
(2) Schedule 1 (new local government areas) to the 1994 Act is amended as follows.
(3) Omit the entry for North Lanarkshire.
(4) After the entry for Clackmannan, insert
Cumbernauld and Kilsyth North Lanarkshire electoral divisions 1 (Kilsyth), 2
(Cumbernauld North), 3 (Cumbernauld South), 4
(Cumbernauld East), 5 (Stepps, Chryston and
Muirhead), and 6 (Glenboig and Moodiesburn).
(5) After the entry for West Lothian, insert
Monklands North Lanarkshire electoral divisions 7 (Coatbridge
North), 8 (Airdrie North), 9 (Airdrie Central), 10
(Coatbridge West), 11 (Coatbridge South), and 12
(Airdrie South).

Motherwell and Wishaw North Lanarkshire electoral divisions 13 (Fortissat),

14 (Thorniewood), 15 (Bellshill), 16 (Mossend and
Holytown), 17 (Motherwell West), 18 (Motherwell
North), 19 (Motherwell South East and
Ravenscraig), 20 (Murdostoun), and 21 (Wishaw).
(6) Schedule 1 (valuation joint boards) to the 1995 Order is amended as follows.
(7) In column 3 (constituent authorities) and column 4 (number of members to be
appointed by authority), for the entry for North Lanarkshire Council substitute
2 Local Government (Boundaries and Special Powers) (Scotland) Act 2017

Cumbernauld and Kilsyth Council 3

Monklands Council 2

Motherwell and Wishaw Council 4

2 South Lanarkshire Council

(1) South Lanarkshire Council ceases to exist.
(2) Schedule 1 to the 1994 Act is further amended as follows.
(3) Omit the entry for South Lanarkshire.
(4) After the entry for Cumbernauld and Kilsyth, insert
Clydesdale South Lanarkshire electoral divisions 1 (Clydesdale
West), 2 (Clydesdale North), 3 (Clydesdale East), 4
(Clydesdale South), 17 (Hamilton North and East),
18 (Hamilton West and Earnock), 19 (Hamilton
South), and 20 (Larkhall).
(5) After the entry for City of Dundee, insert
East Kilbride South Lanarkshire electoral divisions 5 (Avondale
and Stonehouse), 6 (East Kilbride South), 7 (East
Kilbride Central South), 8 (East Kilbridge Central
North), 9 (East Kilbride West), and 10 (East
Kilbride East).
(6) After the entry for Renfrewshire, insert
Rutherglen and Cambuslang South Lanarkshire electoral divisions 11
(Rutherglen South), 12 (Rutherglen Central and
North), 13 (Cambuslang West), 14 (Cambuslang
East), 15 (Blantyre), and 16 (Bothwell and
Uddingston).
(7) Schedule 1 to the 1995 Order is further amended as follows.
(8) In column 3 and column 4, for the entry for South Lanarkshire Council substitute
Clydesdale Council 3

East Kilbride Council 3

Rutherglen and Cambuslang Council 3

3 Fife Council
(1) Fife Council ceases to exist.
(2) Schedule 1 to the 1994 Act is further amended as follows.
(3) Omit the entry for Fife.
(4) After the entry for City of Dundee, insert
Dunfermline Fife electoral divisions 1 (West Fife and Coastal
Villages), 2 (Dunfermline North), 3 (Dunfermline
Local Government (Boundaries and Special Powers) (Scotland) Act 2017 3

Central), 4 (Dunfermline South), 5 (Rosyth), 6

(Inverkeithing and Dalgety Bay), and 7
(Cowdenbeath).
(5) After the entry for Inverclyde, insert
Kirkcaldy and Glenrothes Fife electoral divisions 8 (Lochgelly, Cardenden and
Benarty), 9 (Burntisland, Kinghorn and Western
Kirkcaldy), 10 (Kirkcaldy North), 11 (Kirkcaldy
Central), 12 (Kirkcaldy East), 13 (Glenrothes West
and Kinglassie), 14 (Glenrothes North, Leslie and
Markinch), and 15 (Glenrothes Central and
Thornton).
(6) After the entry for Rutherglen and Cambuslang, insert
St Andrews Fife electoral divisions 16 (Howe of Fife and Tay
Coast), 17 (Tay Bridgehead), 18 (St Andrews), 19
(East Neuk and Landward), 20 (Cupar), 21 (Leven,
Kennoway and Largo), and 22 (Buckhaven, Methil
and Wemyss Villages).

4 Aberdeenshire Council
(1) Aberdeenshire Council ceases to exist.
(2) Schedule 1 to the 1994 Act is further amended as follows.
(3) Omit the entry for Aberdeenshire.
(4) After the entry for Inverclyde, insert
Kincardine and Deeside Aberdeenshire electoral divisions 10 (West
Garioch), 11 (Inverurie and District), 12 (East
Garioch), 13 (Westhill and District), 15 (Aboyne,
Upper Deeside and Donside), 16 (Banchory and
Mid-Deeside), 17 (North Kincardine), 18
(Stonehaven and Lower Deeside), and 19
(Mearns).
(5) After the entry for South Ayrshire, insert
Banffshire and Gordon Aberdeenshire electoral divisions 1 (Banff and
District), 2 (Troup), 3 (Fraserburgh and District), 4
(Central Buchan), 5 (Peterhead North and Rattray),
6 (Peterhead South and Cruden), 7 (Turiff and
District), 8 (Mid Formartine), 9 (Ellon and District),
and 14 (Huntly, Strathbogie and Howe of Alford).
(6) Schedule 1 to the 1995 Order is further amended as follows.
(7) In column 3 and column 4, for the entry for Aberdeenshire Council substitute
Kincardine and Deeside Council 3

Banffshire and Gordon Council 3

4 Local Government (Boundaries and Special Powers) (Scotland) Act 2017

5 Highland Council
(1) Highland Council ceases to exist.
(2) Schedule 1 to the 1994 Act is further amended as follows.
(3) Omit the entry for Highland.
(4) After the entry for the Borders, insert
Caithness and Sutherland Highland electoral divisions 1 (North, West and
Central Sutherland), 2 (Thurso and Northwest
Caithness), 3 (Wick and East Caithness), and 4
(East Sutherland and Edderton).
(5) After the entry for Renfrewshire, insert
Ross and Cromarty Highland electoral divisions 5 (Wester Ross,
Strathpeffer and Lochalsh), 6 (Cromarty Firth), 7
(Tain and Easter Ross), 8 (Dingwall and Seaforth),
and 9 (Black Isle).
(6) After the entry for Shetland Islands, insert
Skye and Lochaber Highland electoral divisions 10 (Eilean a' Cho), 11
(Caol and Mallaig), and 21 (Fort William and
Ardnamurchan).
(7) After the entry for Inverclyde, insert
Inverness Highland electoral divisions 12 (Aird and Loch
Ness), 13 (Inverness West), 14 (Inverness Central),
15 (Inverness Ness-side), 16 (Inverness Millburn),
17 (Culloden and Ardersier), 18 (Nairn and
Cawdor), 19 (Inverness South), and 20 (Badenoch
and Strathspey).
(8) Schedule 1 to the 1995 Order is further amended as follows.
(9) In column 3 and column 4, for the entry for Highland Council substitute
Caithness and Sutherland Council 2

Ross and Cromarty Council 2

Skye and Lochaber Council 1

Inverness Council 3

6 Electoral system
(1) The Local Governance (Scotland) Act 2004 is amended as follows.
(2) In section 1 (electoral wards), for subsection (2), substitute
(2) Subject to subsection (2A), the number of councillors to be returned in an
electoral ward shall be
(a) for an electoral ward in a local government area specified by subsection
(2A), one, two, three, or four;
(b) for all other electoral wards, three or four;
Local Government (Boundaries and Special Powers) (Scotland) Act 2017 5

as determined by an order made under section 17 (order giving effect to

proposals made by the Boundary Commission) of the Local Government
(Scotland) Act 1973 (c. 65) (the 1973 Act).
(2A) The local government areas specified by this subsection are
(a) Caithness and Sutherland,
(b) Orkney Islands,
(c) Ross and Cromarty,
(d) Shetland Islands,
(e) Skye and Lochaber, and
(f) Western Isles.
(3) In section 2 (single transferable vote), for the text substitute
(1) In each electoral ward in which there is a contested election, a poll shall be
held at which each person entitled to vote as an elector may vote by marking
on the ballot paper
(a) the voter's first preference from among the candidates to be councillor,
and
(b) if there are three or more candidates and the voter wishes to express a
further preference for one or more of those candidates, the voter's second
and, if the voter wishes, subsequent preferences from among those
candidates.
(2) But in an electoral ward which returns a single councillor, the voting system to
be used is the alternative vote in place of the single transferable vote.

7 Shetland, Orkney and Comhairle nan Eilean Siar

(1) This section applies to the following local government areas
(a) Orkney Islands;
(b) Shetland Islands;
(c) Western Isles.
(2) The enactments specified by subsection (3) have effect as if
(a) references to the Secretary of State or the Scottish Ministers included a
reference to the local authorities for the local government areas to which this
section applies, and
(b) any power conferred on a local authority by virtue of paragraph (a) were only
exercisable in respect of the local government area for that local authority.
(3) The enactments (relating to non-domestic rates) specified by this subsection are
(a) sections 24, 24A and 24B of the Local Government (Scotland) Act 1966,
(b) section 7B of the Local Government (Scotland) Act 1975, and
(c) section 153 of the 1994 Act.
(4) The Scottish Ministers must, as soon as is reasonably practicable, transfer all Crown
estate land and assets falling within the local government areas to which this section
applies to the local authority responsible for the local government area within which
the land and assets fall.
(5) For the purposes of subsection (4), Crown estate land and assets means any land
6 Local Government (Boundaries and Special Powers) (Scotland) Act 2017

or assets transferred by virtue of a scheme made under section 90B(1) of the

Scotland Act 1998.
(6) A local government area to which this section applies must not be merged with any
other local government area without the consent (given by referendum) of the
electorate in that local government area.

8 Functions of the Boundary Commission

Except section 7(6), this Act is without prejudice to any function of the Local
Government Boundary Commission for Scotland under Part II of the Local
Government (Scotland) Act 1973.

9 Interpretation
In this Act
1994 Act means the Local Government etc. (Scotland) Act 1994;
1995 Order means the Valuation Joint Boards (Scotland) Order 1995 (S.I.
1995/2589);
local authority means a council constituted under section 2 of the 1994 Act;
local government area has the same meaning as in section 1 of the 1994 Act.

10 Short title and commencement

(1) The short title of this Act is the Local Government (Boundaries and Special Powers)
(Scotland) Act 2017.
(2) This Act comes into force on the day after Royal Assent.